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HomeMy WebLinkAboutA003 - proof of publication dated June 4, 1991 Proof of Publication in The LEGAL NOTICE THE DAILY TRIBUNE ORDINANCE NO. 3128 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ADDING TO SECINGTSON 14.2 ECTIONS 14N9y, 14.10CTAND SUBSECTIONS STATE OF IOWA,STORY COUNTY,ss. 14.5(6), 14.5(8), 14.6(1), 14.6(5)(D), 14.7(1), 14.8(1) - (4), AND 14.11(2), REENACTING THE SAME REVISED AIL FOR THE PURPOSE OF DEFINING AND PROHIBITING DIS- I' V-Je=2w9@a&4w*,—Dennis Waller, B97rT-tegge , on CRIMINATION ON THE BASIS OF SEXUAL ORIEN- oath depose and say that I am president, g�eM TATION; REPEALING ALL ORDINANCES IN CON- m er Of the THE DAILY FLICT HEREWITH; ESTABLISHING A PENALTY AND TRIBUNE, a daily newspaper, printed at Ames, Story SETTING EFFECTIVE DATE. BE IT OR- DAINED, byy the City Council for the City County,Iowa;that the annexed printed of Ames, Iowa: Section One. The Munici- pal Code of the City of Ames, Iowa is hereby amended by adding to Section 14.2 Ordinance #3 1 2 Definitions, a new subsection as follows: (13" ) Sexual Orientation" means actual or perceived heterosexuality, homosexuality, or bisexuality. "Sexual orientation" does not include participation in acts which are prohibited by law." Section Two. Sections 14.9, 14.10 and Subsections 14.5(6), 14.5(l)-( )14.6(1), 14.(())(ar was published in said newspaper for 1 14.1 1 14.8 1 - 4 and 14.11(2) are repealed. Section Three. Subsections �- 14.5(6) and (8) are reenacted to read as Consecutive weeks, the first follows: "(6) To issue such publications and reports of investigations and research and the last of said publication was on the as in the judgment of the commission shall tend to promote good will among the vari- ous racial, religious, and ethnic groups day Of J Un e of the state and which shall tend to minimize or eliminate discrimination in 19 91 public accommodations, employment, appren- ticeship and on-the-job training programs, vocational schools, or housing because of race, creed, color, sex, national origin, r---� religion, ancestry, disability or sexual Sworn to be ore me and subsc lbe in ny presence orientation. (8) To make recommendations to the City Council for such further V n,Dennis Waller, ___ legislation concerning discrimination because of race, creed, color, sex, na- tional origin, religion, ancestry, dis- day Of June ability or sexual orientation as it may 4eem necessary and desirable." a Section Four. Subsection 14.6(1) is HARRIET C. reenacted to read as follows: --(I) It ERIC SON shall be an unfair or discriminatory ? practice for any: (a) Person to refuse to tary Public hire, accept, register, classify, or refer fate of Iowa for employment, to discharge any employee, or to otherwise discriminate in employment Fees,$ 1 n n against' any applicant for employment or any employee because of the age, race, creed, color, sex, national origin, reli- gion, disability or sexual orientation of such applicant or employee, unless based upon the nature of the occupation. If a disabled person is qualified to perform a particular occupation, by reason of train- ing or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection. (b) Labor organizations or the employees, agents or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discrim- inate against any applicant for membership or any member in the privileges, rights, or benefits of such membership because of rent, lease, assign or sublease any real Exclusion of a person or persons from the age, race, creed, color, sex, national property or housing accommodation or part, participation in, denial of the benefits origin, religion, disability or sexual portion or interest therein, to any person of, or subject to discrimination. in any orientation of such applicant or member. because of the race, color, creed, sex, academic, extracurricular, research, (c) Employer, employment agency, labor religion, national origin, disability, occupational training or other program or organization, or the employees, agents, or familial status or sexual orientation of activity except athletic programs; (2) members thereof to directly or indirectly such person. (2) To discriminate against Denial of comparable opportunity in intra- advertise or in any other manner indicate any person because of race, color, creed, mural and interscholastic athletic pro- or publicize that individuals of any sex, religion, national origin, disabili- grams; (3) Discrimination among persons particular age, race, creed, color, sex, ty, familial status or sexual orientation in employment and the conditions of em- national origin, religion, disability or in the terms, conditions or privileges of ployment; (4) On the basis of sex; the sexual orientation are unwelcome, objec- the sale, rental, lease assignment of application of any rule concerning t'he tionable, not acceptable, or not solicited sublease of any real property or housing actual or potential parental, family r r for employment or membership unless based accommodation or any part, portion or marital status of a person, or the exclu- on the nature of, the occupation. If a interest therein. (3) To directly or sion of any person from any program or disabled person is qualified to perform a indirectly advertise, or in any other activity or employment because of pregnan- particular occupation by reason of train- manner indicate or publicize that the cy or related conditions dependent.upon ing or experience, the nature of that purchase, rental, lease, assignment, or the physician's diagnosis and certifica- occupation shall not be the basis for sublease of any real property or housing tion. For the purpose of this section exception_to the unfair or discriminating accommodation or any part, portion or 'educational institution' includes any practices prohibited by this subsection. interest thereof, by persons of any par- preschool, elementary, secondary, or An employer, employment agency, or their titular race, color, creed, sex, religion, merged area school, area education agency, employees, servants or agents may offer national origin, disability familial or postsecondary college or.university and employment or advertise for employment to status or sexual orientation is unwelcome, their governing boards. This section does onlythe disabled, when other applicants not prohibit an educational institution mp objectionable, not acceptable or not from maintainingseparate toilet facili- have available to them, other employment solicited. (4) To discriminate against p compatible with their ability which would the lessee or purchaser of any real prop- ties, locker rooms or living facilities not be available to the disabled because erty or housing accommodation or part, for the different sexes so long as compa- of their handicap. Any such employment or portion or interest of the real property rable facilities are provided. Nothing in offer of employment shall not discriminate or housing accommodation, or against any this section shall be construed as prohib- amon the disabled on the basis of race, iting (1) any bona fide religious institu- 9 prospective lessee or purchaser of the tion from imposing qualifications based on color, creed, sex, national origin or property or accommodation, because of the p g q sexual orientation." Section Five. race, color, creed, religion, sex, dis- religion when such qualifications are Subsection 14.6(5)(d) is reenacting to related to a bona fide religious purpose r ability, age, national origin or sexual or 2 an institution from admitting stu- read as follows: "(d) Any bona fide reli- orientation of persons who may from time ( ) y g gious institution or its educational to time be present in or on the lessee's dents of only one sex." Section Ten. facility,, association, corporation or or owner's premises for lawful purposes at Section 14.10 is reenacted to read as society with respect to any qualifications the invitation of the lessee or owner as follows: Sec. 14.10. UNFAIR CREDIT for employment based on religion or sexual friends, guests, visitors, relatives or in PRACTICES. It shall be an unfair or orientation when such qualifications are any similar capacity." Section Eight. discriminatory practice for any: (1) related to a bona fide religious purpose. Subsection 14.11(2) is reenacted to read Creditor to refuse to enter into a consum- A religious qualification for .instruction- as follows: "(2) Any person to discrimi- er credit transaction or impose finance al personnel or an administrative officer, nate against another person in any of the charges or other terms or conditions more rights onerous than those regularly extended by serving in a supervisory capacity of a 9 protected against discrimination on that creditor to consumers of similar bona fide religious educational facility the basis of age, race, creed, color, sex, economic backgrounds because of age, or religious institution, shall be pre- national origin, religion, disability or sumed to be a bona fide occupational sexual orientation by this chapter because color, creed, national origin, race, qualification." Section Six. Subsection such person has lawfully opposed any prat- religion, marital status, sex, physical 14 J(1) is reenacted to read as follows: tice forbidden under this chapter, obeys disability, familial status or sexual "(1) It shall be an unfair or discrimina- the provisions of this chapter, or has orientation. (2) Person authorized or tory practice for any owner, lessee, filed a complaint, testified, or assisted licensed to do business in this state sublessee, proprietor, manager, or super- in any proceeding under this chapter. An pursuant to Chapter 524, 533, 534, 536, or intendent of any public accommodation or employer, employment agency, or their 536A to refuse to loan or extend credit or any agent or employee thereof: (a) To gmployees servants or agents may offer to impose terms conditions more onerous refuse or deny to any person because of employment or advertise for employment to than those regularly extended to persons race, creed, color, sex, national origin, only the disabled, when other applicants of similar economic backgrounds because of age color, creed, national origin, race, religion, disability or sexual orientation have available to them other employment rel,igion, marital status, sex, physical the accommodations, advantages, facili- compatible with their ability which would disability, familial status or sexual ties, services, or privileges thereof, or not be available to the disabled because orientation. (3) Creditor to refuse to otherwise to discriminate against any of their handicap. Any such employment or offer credit life or health and accident person because of race, creed, color, sex, offer of employment shall not discriminate insurance because of color, creed, nation- national origin, religion, disability or among the disabled on the basis of race, al origin, race, religion, marital status, sexual orientation in the furnishing of color, creed, sex, national origin. age, physical disability, sex, familial such accommodations, advantages, facili- Section Nine. Section 14.9 is reenacted status or sexual orientation. Refusal by ties, services, or privileges. (b) To to read as follows: "Sec. 14.9. UNFAIR a'creditor to offer credit life or health directly or indirectly advertise or in any OR DISCRIMINATORY PRACTICES - EDUCATION. and accident insurance based upon the age other manner indicate or publicize that It shall be an unfair or discriminatory or physical disability of the consumer the patronage of persons of any particular practice for any educational institution shall not be an unfair or discriminatory race, creed, color, sex, national origin, to discriminate on the basis of race, practice if such denial is based solely religion, disability or sexual orientation creed, color, sex, national origin, reli- upon bona fide underwriting considerations is unwelcome, objectionable, not accept- gion, disability or sexual orientation in not prohibited by title XX, Federal Act. able, or not solicited." Section Seven. any program or activity. Such discrimina- The provisions of this section shall not Subsections 14.8(1)-(4) are reen— ado tory practices shall include but not be be construed by negative implication or read as follows: "(1) To refuse to sell, limited to the following practices: (1) otherwise to narrow or restrict any other provisions of this chapter." Section Eleven. All ordinances or parts of ordi- nances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full�orce and effect from and after its passage and publication as required by law. Passed this 28th day of May, 1991. Nancy Dionigi;City Clerk Larry R. Curtis, Mayor Published in The Daily Tribune June 4,1991.