HomeMy WebLinkAboutA001 - Cover letter dated April 9, 1991 A ES
' CITY OF AMES , I OWA 50010
FILED
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APR
91991
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CITY CLERK
April 9, 1991 t CmrOFAWS,WO
The Honorable Larry R. Curtis, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Sexual Orientation Ordinance
Dear Mayor Curtis and Council Members:
As directed by the City Council , I have prepared an ordinance to amend the
Human Relations Chapter of the Municipal Code to add "Sexual Orientation" as
a prohibited form of discrimination.
The Ames Human Relations Ordinance has always followed the State Civil Rights
Statute. For that reason, I have modeled this ordinance after S.F. 177, a
bill now pending to add "sexual orientation" to the State Civil Rights law.
However, in response to a suggestion from Keith Schragg, I did add the
phrase: "actual or perceived" to the definition of the term "sexual orienta-
tion".
A copy of S.F. 177 is also enclosed for your information.
Yours truly,
John R. Klaus
City Attorney
JRK:gmw
Enclosures
cc Sheila Lundt
Ames Human Relations Commission
Ames/ISU Task Force on Equality
AMES - THE CENTER OF IT ALL
RECEIVED
APR 4 1991 SENATE FILE
BY LLOYD-JONES, SZYMONIAK,
ROSENBERG and LIND
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote : Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting discriminatory practices based upon a person ' s
2 sexual orientation.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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S.F. __]_VH.F.
1 Section 1. Section 601A.2, Code 19,91, is 'amended by adding
2 the following new subsection:
3 NEW SUBSECTION. 11A. "Sexual orientation" means
4 heterosexuality, homosexuality, or bisexuality. "Sexual
5 orientation" does not include participation in acts which are
6 prohibited by law.
7 Sec. 2. Section 601A.5, subsections 6 and 8, Code 1991,
8 are amended to read as follows:
9 6. To issue such publications and reports of
10 investigations and research as in the judgment of the
11 commission shall tend to promote good will among the various
12 racial, religious, and ethnic groups of the state and which
13 shall tend to minimize or eliminate discrimination in public
14 accommodations, employment, apprenticeship and on-the-job
15 training programs, vocational schools, or housing because of
16 race, creed, color, sex, sexual orientation, national origin,
17 religion, ancestry or disability.
18 8. To make recommendations to the general assembly for
19 such further legislation concerning discrimination because of
20 race, creed, color, sex, sexual orientation, national origin,
21 religion, ancestry or disability as it may deem necessary and
22 desirable.
23 Sec. 3. Section 601A.6, subsection 1, paragraphs a, b, and
24 c, Code 1991, are amended to read as follows:
25 a. Person to refuse to hire, accept, register , classify,
26 or refer for employment, to discharge any employee, or to
27 otherwise discriminate in employment against any applicant for
28 employment or any employee because of the age, race, creed,
29 color, sex, sexual orientation, national origin, religion or
30 disability of such applicant 'or employee, unless based upon
31 the nature of the occupation. If a disabled person is
32 qualified to perform a particular occupation, by reason of
33 training or experience, the nature of that occupation shall
34 not be the basis for exception to the unfair or discriminating
35 practices prohibited by this subsection.
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S.F. .+w H.F.
1 b. Labor organization or the employees , agents or members
2 thereof to refuse to admit to membership any applicant, to
3 expel any member , or to otherwise discriminate against any
4 applicant for membership or any member in the privileges,
5 rights, or benefits of such membership because of the age,
6 race, creed, color , sex, sexual orientation, national origin,
7 religion or disability of such applicant or member .
8 C. Employer , employment agency, labor organization, or the
9 employees, agents, or members thereof to directly or
10 indirectly advertise or in any other manner indicate or
11 publicize that individuals of any particular age, race, creed,
12 color , sex, sexual orientation, national origin, religion or
13 disability are unwelcome, objectionable, not acceptable, or
14 not solicited for employment or membership unless based on the
15 nature of the occupation. If a disabled person is qualified
16 to perform a particular occupation by reason of training or
17 experience, the nature of that occupation shall not be the
18 basis for exception to the unfair or discriminating practices
19 prohibited by this subsection.
20 An employer, employment agency, or their employees,
21 servants or agents may offer employment or advertise for
22 employment to only the disabled, when other applicants have
23 available to them, other employment compatible with their
24 ability which would not be available to the disabled because
25 of their handicap. Any such employment or offer of employment
26 shall not discriminate among the disabled on the basis of
27 race, color, creed, sex, sexual orientation, or national
28 origin.
29 Sec. 4 . Section 601A. 6, subsection 6 , paragraph d, Code
30 1991, is amended to read as follows :
31 d. Any bona fide religious institution or its educational
32 facility, association, corporation or society with respect to
33 any qualifications for employment based on religion or sexual
34 orientation when such qualifications are related to a bona
35 fide religious purpose. A religious qualification for
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S.F. 1 1 ] H.F.
1 instructional personnel or an administrative officer, serving
2 in a supervisory capacity of a bona fide religious educational
3 facility or religious institution, shall be presumed to be a
4 bona fide occupational qualification.
5 Sec. 5. Section 601A.7 , subsection 1, paragraphs a and b,
6 Code 1991, are amended to read as .follows:
7 a. To refuse or deny to any person because of race, creed,
. . 8 color , sex, - sexual orientation, national origin, religion or
9 disability the accommodations, advantages, facilities,
10 services, or privileges thereof, or otherwise to discriminate
11 against any person because of race, creed, color, sex, sexual
12 orientation, national origin, religion or disability in the
13 furnishing of such accommodations, advantages, facilities,
14 services, or privileges.
15 b. To directly or indirectly advertise or in any other
16 manner indicate or publicize that the patronage of persons of
17 any particular race, creed, color, sex, sexual orientation,
18 national origin, religion or disability is unwelcome,
19 objectionable, not acceptable, or not solicited.
20 Sec. 6. Section 601A.8, subsections 1 through 4, Code
21 1991, are amended to read as follows:
22 1. To refuse to sell, rent, lease, assign or sublease any
23 real property or housing accommodation or part, portion or
24 interest therein, to any person because of the race, color,
25 creed, sex, sexual orientation, religion, national origin,
26 disability, or familial status of such person.
27 2. To discriminate against any person because of the
28 person' s race, color, creed, sex, sexual orientation,
29 religion, national origin, disability, or familial status, in
30 the terms, conditions or privileges of the sale, rental, lease
31 assignment or sublease of any real property or housing
32 accommodation or any part, portion or interest therein.
33 3 . To directly or indirectly advertise, or in any other
34 manner indicate or publicize that the purchase, rental , lease,
35 assignment, or sublease of any real property or housing
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S.F. ' H. F.
1 accommodation or any part , portion or interes- -_herein, by
2 persons of any particular race, color , creed, sex, sexual
3 Orientation, religion, national Origin, di.sabiiity, OT
4 familial status is unwelcome, objectionable ; n-.)t acceptable or
5 not solicited.
6 4 . To discriminate against the lessee or purchaser of any
7 real property or housing accommodation or parr , portion or
8 interest of the real property or housing accommodation, or
9 against any prospective lessee or purchaser of the property or
10 accommodation, because of the race, color , creed, religion,
11 sex , sexual orientation, disability, age or national origin of
12 persons who may from time to time be present in or on the
13 lessee ' s or owner ' s premises for lawful purposes at the
14 invitation of the lessee or owner as friends , guests,
15 visitors, relatives or in any similar capacity.
16 Sec. 7 . Section 601A. 9 , unnumbered paragraph 1 , Code 1991 ,
17 is amended to read as follows :
18 It is an unfair or discriminatory practice for any
19 educational institution to discriminate on the basis of race,
20 creed, color, sex; sexual orientation, national origin,
21 religion, or disability in any program or activity. Such
22 discriminatory practices shall include but not be limited to
23 the following practices:
24 Sec. 8. Section 601A. 9 , subsection 4 , unnumbered paragraph
25 2, Code 1991, is amended to read as follows :
26. For the purpose of this section "educational institution"
27 includes any preschool, elementary, secondary, or community
28 college, area education agency, or postsecondary college or
29 university and their governing boards. This section does not
30 prohibit an educational institution from maintaining separate
31 toilet facilities, locker rooms or living facilities for the
32 different sexes so long as comparable facilities are provided.
33 Nothing in this section shall be construed as prohibiting any
34 bona fide religious institution from imposing gualificatio--s
35 based on religion or sexual orientation when suer°.
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S.F. H.F.
1 qualifications are related to a bona fide religious purpose or
2 any institution from admitting students of only one sex.
3 Sec. 9 . Section 601A. 10, subsections 1 through 3, Code
4 1991, are amended to read as follows:
5 1. Creditor to refuse to enter into a consumer credit
6 transaction_ or impose finance charges or other terms or
7 conditions more onerous than those regularly extended by that
8 creditor to consumers of similar economic backgrounds because
9 of age, color, creed, national origin, race, religion, marital
10 status, sex, sexual orientation, physical disability, or
11 familial status.
12 2 . Person authorized or licensed to do business in this
13 state pursuant to chapter 524; 533, 534, 536, or 536A to
14 refuse to loan or .extend credit or to impose terms or
15 conditions more onerous than those regularly extended to
16 persons of similar economic backgrounds because of age, color ,
17 creed, national origin, race, religion, marital status, sex,
18 sexual orientation, physical disability, or familial status.
19 3. Creditor to refuse to offer credit life or health and
20 accident insurance because of color, creed, national origin,
21 race, religion, marital status, age, physical disability, sex,
22 sexual orientation, or familial status. Refusal by a creditor
23 to offer credit life or health and accident insurance based
24 upon the age or physical disability of the consumer shall not
25 be an unfair or discriminatory practice if such denial is
26 based solely upon bona fide underwriting considerations not
27 prohibited by title XX.
28 Sec. 10 . Section 601A.11, subsection 2, Code 1991, is
29 amended to read as follows:
30 2. Any person to discriminate against another person in
31 any of the rights protected against discrimination on the
32 basis of age, race, creed, color , sex, sexual orientation,
33 national origin, religion or disability by this chapter
34 because such person has lawfully opposed any practice
35 forbidden under this chapter , obeys the provisions of this
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S.F. H.F F.
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1 chapter, or has filed a complaint , testified, or assisted in
2 any proceeding under this chapter . An employer , employment
3 agency, or their employees , servants or agents may offer
4 employment or advertise for employment to only the disabled,
5 when other applicants have available to them other employment
6 compatible with their ability which would not be available to
7 the disabled because of their handicap. Any such employment
8 or offer of employment shall not discriminate among the
9 disabled on the basis of race, color , creed, sex, sexual
10 orientation, or national origin.
11 EXPLANATION
12 This bill defines "sexual orientation" and prohibits
13 discriminatory employment, public accommodation, housing,
14 education, and credit practices based upon a person' s sexual
15 orientation. However , the bill does allow for the imposition
16 of qualifications by bona fide religious institutions based
17 upon sexual orientation if related to a bona fide religious
18 purpose.
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