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Home My WebLink About~Master - Defining and Prohibiting Discrimination on the Basis of Sexual Orientation ORDINANCE NO. 3128 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ADDING TO SECTION 14.2 A NEW SUBSECTION 13; REPEALING SECTIONS 14.9, 14.10 AND SUBSECTIONS 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 ALL FOR THE PURPOSE OF DEFINING AND PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by adding to Section 14.2 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 Sections 14.9, 14.10 and Subsections 14.5(6), 14.5(8), 14.6(1) 1 14.6(5)(d) , 14.7(1), 14.8(1)-(4) and 14.11(2) are repealed. Section Three. Subsections 14.5(6) and (8) are reenacted to read as follows: 11(6) To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote good will among the various racial, religious, and ethnic groups of the state and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on-the- job training programs, vocational schools, or housing be- cause of race, creed, color, sex, national origin, reli- gion, ancestry, disability or sexual orientation. (8) To make recommendations to the City Council for such further legislation concerning discrimination because of race, creed, color, sex, national origin, religion, ancestry, disability or sexual orientation as it may deem necessary and desirable." Section Four. Subsection 14.6(1) is reenacted to read as follows: "(1) It shall be an unfair or discriminatory practice for any: (a) Person to refuse to hire, accept, register, classi- fy, or refer for employment, to discharge any em- ployee, or to otherwise discriminate in employment against any applicant for employment or any employ- ee because of the age, race, creed, color, sex, national origin, religion, 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 training 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 other- wise discriminate against any applicant for member- ship or any member in the privileges, rights, or benefits of such membership because of the age, race, creed, color, sex, national origin, religion, disability or sexual orientation of such applicant or member. (c) Employer, employment agency, labor organization, or the employees, agents, or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular age, race, creed, color, sex, national origin, religion, disability or sexual orientation are unwelcome, objectionable, not acceptable, or not solicited for employment or membership unless based on the nature of the occupation. If a disabled person is qualified to perform a particular occupa- tion by reason of training or experience, the nature of that occupation shall not be the basis for excep- tion to the unfair or discriminating practices prohibited by this subsection. An employer, employment agency, or their employ- ees, servants or agents may offer employment or advertise for employment to only the disabled, when other applicants have available to them, other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment or offer of employ- ment shall not discriminate among the disabled on the basis of race, color, creed, sex, national origin or sexual orientation." Section Five. Subsection 14.6(5)(d) is reenacting to read as follows: 2 "(d) Any bona fide religious institution or its educational facility, association, corporation or society with re- spect to any qualifications for employment based on religion or sexual orientation when such qualifications are related to a bona fide religious purpose. A reli- gious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or reli- gious institution, shall be presumed to be a bona fide occupational qualification." Section Six. Subsection 14.7(1) is reenacted to read as follows: "(1) It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or super- intendent of any public accommodation or any agent- or employee thereof: (a) To refuse or deny to any person because of race, creed, color, sex, national origin, religion, dis- ability or sexual orientation the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, national origin, religion, disability or sexual orientation in the furnishing of such accommodations, advantag- es, facilities, services, or privileges. (b) To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, sex, national origin, religion, disability or sexual orientation is unwelcome, objectionable, not accept- able, or not solicited." Section Seven. Subsections 14.8(1)-(4) are reenacted to read as follows: "(1) To refuse to sell, rent, lease, assign or sublease any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, sex, religion, national origin, disability, familial status or sexual orientation of such person. (2) To discriminate against any person because of race, color, creed, sex, religion, national origin, disability, familial status or sexual orientation in the terms, conditions or privileges of the sale, rental, lease assignment of sublease of any real property or housing accommodation or any part, portion or interest therein. (3) To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or 3 housing accommodation or any part, portion or interest thereof, by persons of any particular race, color, creed, sex, religion, national origin, disability familial status or sexual orientation is unwelcome, objectionable, not acceptable or not solicited. (4) To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommoda- tion, or against any prospective lessee or purchaser of the property or accommodation, because of the race, color, creed, religion, sex, disability, age, national origin or sexual orientation of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity." Section Eight. Subsection 14.11(2) is reenacted to read as fol- lows: "(2) Any person to discriminate against another person in any of the rights protected against discrimination on the basis of age, race, creed, color, sex, national origin, religion, disability or sexual orientation by this chap- ter because such person has lawfully opposed any prac- tice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter. An employer, employment agency, or their employees ser- vants or agents may offer employment or advertise for employment to only the disabled, when other applicants have available to them other employment compatible with their ability which would not be available to the dis- abled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, nation- al origin." Section Nine. Section 14.9 is reenacted to read as follows: "Sec. 14.9. UNFAIR OR DISCRIMINATORY PRACTICES - EDUCATION. It shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, national origin, religion, disability or sexual orientation in any program or activity. Such discrimi- natory practices shall include but not be limited to the following practices: (1) Exclusion of a person or persons from participation in, denial of the benefits of, or subject to discrimination in any academic, extracurricular, research, occupational 4 training or other program or activity except athletic programs; (2) Denial of comparable opportunity in intramural and inter- scholastic athletic programs; (3) Discrimination among persons in employment and the conditions of employment; (4) On the basis of sex, the application of any rule concern- ing the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of preg- nancy or related conditions dependent upon the physi- cian's diagnosis and certification. For the purpose of this section 'educational institution' includes any preschool, elementary, secondary, or merged area school, area education agency, or postsecondary college or university and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as pro- hibiting (1) any bona fide religious institution from imposing qualifications based on religion when such qualifications are related to a bona fide religious purpose or (2) any institu- tion from admitting students of only one sex." Section Ten. Section 14.10 is reenacted to read as follows: "Sec. 14.10. UNFAIR CREDIT PRACTICES. It shall be an unfair or discriminatory practice for any: (1) Creditor to refuse to enter into a consumer credit trans- action or impose finance charges or other terms or condi- tions more onerous than those regularly extended by that creditor to consumers of similar economic back- grounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, familial status or sexual orientation. (2) Person authorized or licensed to do business in this state pursuant to Chapter 524, 533, 534, 536, or 536A to refuse to loan or extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, familial status or sexual orientation. (3) Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national 5 origin, race, religion, marital status, age, physical disability, sex, familial status or sexual orientation. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical dis- ability of the consumer shall not be an unfair or dis- criminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by title XX, Federal Act. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter." Section Eleven. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 28th day of May , 1991. ncy Dionigi lerk Larry R. urtis, Mayor 0151 6