HomeMy WebLinkAbout~Master - Changing in Human Relations Commission to Conform to Iowa Civil Rights Act ORDINANCE NO. 3377
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA, BY REPEALING CHAPTER 14 OF THE MUNICIPAL CODE
AND ENACTING A NEW CHAPTER 14 FOR THE PURPOSE OF REVISING
CHAPTER 14 TO CONFORM TO CHANGES IN THE CODE OF IOWA;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;ESTABLISH-
ING 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 repealing Chapter 14 as it now
exists and enacting a new Chapter 14 as follows:
"Sec. 14.1. PURPOSE OF CHAPTER.
The purpose of this chapter is to implement the provision of the Iowa Civil Rights Act and to
further provide for the general welfare of persons in the City of Ames,Iowa,by prohibiting certain
discriminatory practices, and to establish a commission for the investigation of complaints of
discrimination; and, to undertake projects of education to prevent discrimination; and, to establish
procedures for the conciliation of such complaints;and to enforce the provisions hereof.
Sec. 14.2. DEFINITIONS.
When used in this chapter,unless the context otherwise requires:
(1) "Commission"means the Ames Human Relations Commission created by this chapter.
(2) "Commissioner"means a member of the commission.
(3) "Court"means the district court in and for any judicial district of the state of Iowa or any
judge of the court if the court is not in session at that time.
(4) "Covered Multifamily Dwelling"means any of the following:
(a) A building consisting of four or more dwelling units if the building has one or more
elevators.
(b) The ground floor units of a building consisting of four or more units.
(5) "Disability" means the physical or mental condition of a person which constitutes a
substantial handicap,and the condition of a person with a positive human immunodeficiency virus test
result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune
deficiency syndrome-related complex,or any other condition related to acquired immune deficiency
syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test result
in the meaning of"disability"under the provisions of this chapter does not preclude the application of
the provisions of this chapter to conditions resulting from other contagious or infectious diseases.
(6) "Employee"means any person employed by an employer.
(7) "Employer" means the state of Iowa or any political subdivision, board, commission,
department,institution,or school district thereof,and every other person employing employees within
the state.
(8) "Employment agency" means any person undertaking to procure employees or
opportunities to work for any other person or any person holding itself to be equipped to do so.
(9) "Familial statics"means one or more individuals under the age of eighteen domiciled with
one of the following:
(a) A parent or another person having legal custody of the individual or individuals.
(b) The designee of the parent or the other person having custody of the individual or
individuals,with the written permission of the parent or other person.
(c) A person who is pregnant or is in the process of securing legal custody of the
individual or individuals.
"Familial status"also means a person who is pregnant or who is in the process of securing legal
custody of an individual who has not attained the age of eighteen years.
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(10) "Labor organization"means any organization which exists for the purpose in whole or in
part of collective bargaining,of dealing with employers concerning grievances,terms,or conditions
of employment,or of other mutual aid or protection in connection with employment.
(11) "Person" means one or more individuals,partnerships, associations, corporations, legal
representatives, trustees, receivers, and the state of Iowa and all political subdivisions and agencies
thereof.
(12) "Public accommodation"means each and every place,establishment,or facility of whatever
kind,nature,or class that caters or offers services,facilities,or goods for a fee or charge to nonmembers
of any organization or association utilizing the place,establishment or facility,provided that any place,
establishment, or facility that caters or offers services, facilities, or goods to the nonmembers
gratuitously shall be deemed a public accommodation if the accommodation received governmental
support or subsidy. Public accommodation shall not mean any bona fide private club or other place,
establishment,or facility which is by its nature distinctly private,except when such distinctly private
place,establishment or facility caters or offers services,facilities,or goods to the nonmembers for fee
or charge or gratuitously,it shall be deemed a public accommodation during such period.
"Public accommodation"includes each state and local government unit or tax-supported district
of whatever kind,nature,or class that offers services,facilities,benefits,grants or goods to the public,
gratuitously or otherwise. This paragraph shall not be construed by negative implication or otherwise
to restrict any part or portion of the pre-existing definition of the term"public accommodation".
(13) "Unfair practice"or"discriminatory practice"means those practices specified as unfair or
discriminatory in this chapter.
(14) "Sexual Orientation" means actual or perceived heterosexuality, homosexuality, or
bisexuality. "Sexual orientation"does not include participation in acts which are prohibited by law.
Sec.14.3. COMMISSION APPOINTED-STAFF-HEARING OFFICERS.
(1) Commission Appointed. The Ames Human Relations Commission shall consist of seven
(7)members appointed by the Mayor with the advice and consent of the City Council. Appointments
shall take into consideration the various racial,religious,cultural,and social groups and geographical
areas within the City of Ames insofar as may be practicable. The term of appointment shall be three
(3) years from April 1 of the year in which the appointment is made,except that for the purpose of
maintaining an appropriate staggering of terms, the Mayor may prescribe a shorter term for any
appointment or reappointment.In the event that a vacancy occurs in the membership of the Commission
by death,resignation or otherwise prior to the normal expiration of the appointee's term,the Mayor,
with the approval of the City Council,shall appoint a person to serve out the remainder of the unexpired
term. Any member or all members of the Commission may be removed from office at any time by the
Mayor with the approval of the City Council,for good cause. No person shall serve on the Commission
for more than six(6)years. The Commission shall elect one of their members to be chairperson,and
develop their own rules of procedure,not inconsistent with this chapter.
(2) Staff Function,Investigation and Conciliation Officers. The Mayor,with the advice of the
Human Relations Commission and consent of the City Council,shall appoint a minimum of seven
persons as Investigation and Conciliation Officers, said persons to serve as unpaid staff to the
Commission. Their term of office,method of appointment and method for filling vacancies shall be
the same as prescribed for Commission members.
(3) Hearing Officers. There shall also be appointed by the Mayor,with the advice of the Ames
Human Relations Commission and consent of the Council,a group of persons educated in the law from
among whom a hearing officer shall be drawn by lot when needed to make a "determination of
probable cause"as required in this chapter,or when deemed advisable by the Commission,to conduct
a hearing as provided for herein. There shall be no limit to the number of persons who may be added
to said panel,but the number shall not be allowed,by declinations to serve or otherwise,to fall below
three.No person shall serve on this panel for more than six(6)consecutive years.
Sec.14.4. COMPENSATION AND EXPENSES.
The members of the Commission,the Investigation and Conciliation Officers and the persons on
the hearing officer panel shall serve without salary,wages or other compensation provided that they
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may receive reimbursement for actual and necessary expenses incurred as allowed by the City Council
pursuant to such procedures and policies for the reimbursement of expenses as shall be established by
the City of Ames from time to time.
Sec.14.5. POWERS AND DUTIES.
The Commission shall have the following powers and duties:
(1) Prescribe the duties of the Director under this chapter. The director shall be a person
appointed by the Ames City Manager and serving as the affirmative action officer for the City of Ames.
(2) To receive,investigate,mediate,and finally determine the merits of complaints alleging
unfair or discriminatory practices.
(3) To investigate and study the existence,character,causes,and extent of discrimination in
public accommodations, employment, apprenticeship programs, on-the-job training programs,
vocational schools, credit practices,and housing in this city and to attempt the elimination of such
discrimination by education and conciliation.
(4) To seek a temporary injunction against a respondent when it appears that a complainant
may suffer irreparable injury as a result of an alleged violation of this chapter. A temporary injunction
may only be issued ex parte, if the complaint filed with the commission alleges discrimination in
housing. In all other cases a temporary injunction may be issued only after the respondent has been
notified and afforded the opportunity to be heard.
(5) To hold hearings upon any complaint made against a person,an employer,an employment
agency, or a labor organization, or the employees or members thereof, to subpoena witnesses and
compel their attendance at such hearings,to administer oaths and take the testimony of any person
under oath,and to compel such person,employer,employment agency,or labor organization,or em-
ployees or members thereof to produce for examination any books and papers relating to any matter
involved in such complaint. The Commission shall issue subpoenas for witnesses in the same manner
and for the same purposes on behalf of the respondent upon request. Such hearings may be held by
the commission,by any commissioner,or by any hearing examiner appointed by the commission. If
a witness either fails or refuses to obey a subpoena issued by the commission,the commission may
petition the district court having jurisdiction for issuance of a subpoena and the court shall in a proper
case issue the subpoena.Refusal to obey such subpoena shall be subject to punishment for contempt.
(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 because
of race,creed,color,sex,national origin,religion,ancestry,disability or sexual orientation.
(7) To prepare and transmit to the Mayor and City Council from time to time,but not less often
than once each year,reports describing its proceedings, investigations, hearings conducted and the
outcome thereof,decisions rendered,and the other work performed by the commission.
(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.
(9) To cooperate,within the limits of any appropriations made for its operations,with other
agencies or organizations,both public and private,whose purposes are consistent with those of this
chapter, and on the planning and conducting of programs designed to eliminate racial, religious,
cultural,and intergroup tensions.
(10) To adopt,publish,amend,and rescind regulations consistent with and necessary for the
enforcement of this chapter.
(11) To receive, administer, dispense and account for any funds that may be voluntarily
contributed to the commission and any grants that may be awarded the commission for furthering the
purposes of this chapter with the approval of the City Council.
(12) To refer a complaint to the Iowa Civil Rights Commission under commission rules.
(13) To issue subpoenas and order discovery as provided by this section in aid of investigations
and hearings of alleged unfair or discriminatory housing,real property,or other prohibited practices.
The subpoenas and discovery may be ordered to the same extent and are subject to the same limitations
as subpoenas and discovery in a civil action in district court.
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(14) To utilize volunteers to aid in the conduct of the commission's business including case
processing functions such as intake,screening,investigation,and mediation.
Sec. 14.6. UNFAIR EMPLOYMENT PRACTICES.
(1) It shall be an unfair or discriminatory practice for any:
(a) Person to refuse to hire, accept, register, classify, or refer for employment, to
discharge any employee,or to otherwise discriminate in employment against any applicant for employ-
ment or any employee 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 otherwise discriminate against any applicant
for membership 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 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.
An employer, employment agency, or their employees, 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 employment shall not discriminate among
the disabled on the basis of race,color,creed,sex,national origin or sexual orientation.
(d) Person to solicit or require as a condition of employment of any employee or
prospective employee a test for the presence of the antibody to the human immunodeficiency virus or
to affect the terms, conditions, or privileges of employment or terminate the employment of any
employee solely as a result of the employee obtaining a test for the presence of the antibody to the
human immunodeficiency virus. An agreement between an employer, employment agency, labor
organization, or their employees, agents, or members and an employee or prospective employee
concerning employment,pay,or benefits to an employee or prospective employee in return for taking
a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The
prohibitions of this paragraph do not apply if the state epidemiologist determines and the director of
public health declares through the utilization of guidelines established by the center for disease control
of the United States department of health and human services,that a person with a condition related to
acquired immune deficiency syndrome poses a significant risk of transmission of the human
immunodeficiency virus to other persons in a specific occupation.
(2) Employment policies relating to pregnancy and childbirth shall be governed by the
following:
(a) A written or unwritten employment policy or practice which excludes from
employment applicants or employees because of the employees pregnancy is a prima facie violation
of this chapter.
(b) Disabilities caused or contributed to by the employee's pregnancy, miscarriage,
childbirth,and recovery therefrom are,for all job-related purposes,temporary disabilities and shall be
treated as such under any health or temporary disability insurance or sick leave plan available in
connection with employment. Written and unwritten employment policies and practices involving
matters such as the commencement and duration of leave,the availability of extensions,the accrual of
seniority and other benefits and privileges,reinstatement,and payment under any health or temporary
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disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the
employee's pregnancy or giving birth,on the same terms and conditions as they are applied to other
temporary disabilities.
(c) Disabilities caused or contributed to by legal abortion and recovery therefrom are,
for all job-related purposes,temporary disabilities and shall be treated as such under any temporary
disability or sick leave plan available in connection with employment. Written and unwritten
employment policies and practices involving matters such as the commencement and duration of leave,
the availability of extensions,the accrual of seniority and other benefits and privileges,reinstatement,
and payment under any temporary disability insurance or sick leave plan,formal or informal, shall be
applied to a disability due to legal abortion on the same terms and conditions as they are applied to other
temporary disabilities. The employer may elect to exclude health insurance coverage for abortion from
a plan provided by the employer,except where the life of the mother would be endangered if the fetus
were carried to term or where medical complications have arisen from an abortion.
(d) An employer shall not terminate the employment of a person disabled by pregnancy
because of the employee's pregnancy.
(e) Where a leave is not available or a sufficient leave is not available under any health
or temporary disability insurance or sick leave plan available in connection with employment, the
employer of the pregnant employee shall not refuse to grant to the employee who is disabled by the
pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled
because of the employee's pregnancy, childbirth,or related medical conditions, or for eight weeks,
whichever is less. However,the employee must provide timely notice of the period of leave requested
and the employer must approve any change in the period requested before the change is effective.
Before granting the leave of absence,the employer may require that the employee's disability resulting
from pregnancy be verified by medical certification stating that the employee is not able to reasonably
perform the duties of employment.
(3) This section shall not prohibit discrimination on the basis of age if the person subject to the
discrimination is under the age of eighteen years,unless that person is considered by law to be an adult.
(4) Notwithstanding the provisions of this section,a city,state or federal program designed to
benefit a specific age classification which serves a bona fide public purpose shall be permissible.
(5) This section shall not apply to age discrimination in bona fide apprenticeship employment
programs if the employee is over forty-five years of age.
(6) This section shall not apply to:
(a) Any employer who regularly employs less than four individuals. For purposes of this
subsection,individuals who are members of the employer's family shall not be counted as employees.
(b) The employment of individuals for work within the home of the employer if the
employer or family members reside therein during such employment.
(c) The employment of individuals to render personal service to the person of the
employer or members of the employer's family.
(d) Any bona fide religious institution or its educational facility,association,corporation
or society with respect to any qualifications for employment based on religion or sexual orientation
when such qualifications are related to a bona fide religious purpose. A religious qualification for in-
structional personnel or an administrative officer, serving in a supervisory capacity of a bona fide
religious educational facility or religious institution,shall be presumed to be a bona fide occupational
qualification.
Sec 14.7. UNFAIR PRACTICES-ACCOMMODATIONS OR SERVICES.
(1) It shall be an unfair or discriminatory practice for any owner,lessee,sublessee,proprietor,
manager,or superintendent 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, disability 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,
advantages,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 acceptable,or not solicited.
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(2) This section shall not apply to:
(a) Any bona fide religious institution with respect to any qualifications the institution
may impose based on religion when such qualifications are related to a bona fide religious purpose.
(b) The rental or leasing to transient individuals of less than six rooms within a single
housing accommodation by the occupant or owner of such housing accommodation if the occupant or
owner or members of the owner's family reside therein.
Sec. 14.8. UNFAIR OR DISCRIMINATORY PRACTICES-HOUSING.
It shall be an unfair or discriminatory practice for any person,owner,or person acting for an
owner,of rights to housing or real property,with or without compensation,including but not limited
to persons licensed as real estate brokers or salespersons,attorneys,auctioneers,agents or representa-
tives by power of attorney or appointment,or any person acting under court order,deed of trust,or will:
(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 the person's 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 or sublease of any real property or housing accommodation or any
part,portion or interest in the real property or housing accommodation or in the provision of services
or facilities in connection with the real property or housing accommodation.
For purposes of this section,"person"means one or more individuals,corporations,partnerships,
associations,labor organizations,legal representatives,mutual companies,joint stock companies,trusts,
unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code,
receivers,and fiduciaries.
(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 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 accommodation,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.
Sec. 14.8A. ADDITIONAL UNFAIR OR DISCRIMNATORY PRACTICES-HOUSING.
(1) A person shall not induce or attempt to induce another person to sell or rent a dwelling by
representations regarding the entry or prospective entry into a neighborhood of a person of a particular
race,color,creed,sex,religion,national origin,disability, familial status,or sexual orientation.
(2) A person shall not represent to a person of a particular race,color,creed, sex,religion,
national origin, disability, familial status, or sexual orientation that a dwelling is not available for
inspection,sale or rental when the dwelling is available for inspection,sale,or rental.
(3) (a) A person shall not discriminate in the sale or rental or otherwise make unavailable
or deny a dwelling to a buyer or renter because of a disability of any of the following persons:
1. That buyer or renter.
2. A person residing in or intending to reside in that dwelling after it is sold,rented,
or made available.
3. A person associated with that buyer or renter.
(b) A person shall not discriminate against another person in the terms,conditions,or
privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with
the dwelling because of a disability of any of the following persons:
1. That person.
2. A person residing in or intending to reside in that dwelling after it is sold,rented,
or made available.
3. A person associated with that person.
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(c) For the purposes of this subsection only,discrimination includes any of the following
circumstances:
1. A refusal to permit, at the expense of the disabled person, reasonable
modifications of existing premises occupied or to be occupied by the person if the modifications are
necessary to afford the person full enjoyment of the premises.
In the case of a rental, a landlord may, where reasonable to do so, condition
permission for a modification on the renter's agreement to restore the interior of the premises to the
condition that existed before the modification,reasonable wear and tear excepted.
2. A refusal to make reasonable accommodations in rules,policies,practices,or
services,when the accommodations are necessary to afford the person equal opportunity to use and
enjoy a dwelling.
3. In connection with the design and construction of covered multifamily dwellings
for fast occupancy after January 1,1992,a failure to design and construct those dwellings in a manner
that meets the following requirements:
a. The public use and common use portions of the dwellings are readily
accessible to and usable by disabled persons.
b. All doors designed to allow passage into and within all premises within the
dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs.
c. All premises within the dwellings contain the following features of adaptive
design:
1. An accessible route into and through the dwelling.
2. Light switches,electrical outlets,thermostats,and other environmental
controls in accessible locations.
3. Reinforcements in bathroom walls to allow later installation of grab
bars.
4. Usable kitchens and bathrooms so that a person in a wheelchair can
maneuver about the space.
d. Compliance with the appropriate requirements of the American national
standard for buildings and facilities providing accessibility and usability for physically handicapped
people,commonly cited as"ANSI A 117.1",satisfies the requirements of paragraph(c),subparagraph
"3",subparagraph subdivision"c". Investigation of compliance with ANSI A 117.1 may be assisted
by any experts that the investigators can gain the assistance of. The City of Ames Inspection Division
shall assist investigations when directed to do so by the city manager.
e. Nothing in this subsection requires that a dwelling be made available to a
person whose tenancy would constitute a direct threat to the health or safety of other persons or whose
tenancy would result in substantial physical damage to the property of others.
(4) (a) A person whose business includes engaging in residential real estate related
transactions shall not discriminate against a person in making a residential real estate related transaction
available or in terms or conditions of a residential real estate related transaction because of race,color,
creed,sex,religion,national origin,disability,familial status,or sexual orientation.
(b) For the purpose of this subsection,"residential real estate related transaction"means
any of the following:
1. To make or purchase loans or provide other financial assistance to purchase,
construct,improve,repair,or maintain a dwelling,or to secure residential real estate.
2. To sell,broker,or appraise residential real estate.
(5) A person shall not deny another person access to,or membership or participation in, a
multiple-listing service, real estate brokers' organization or other service, organization, or facility
relating to the business of selling or renting dwellings,or discriminate against a person in terms or
conditions of access,membership,or participation in such organization because of race,color,creed,
sex,religion,national origin,disability,familial status,or sexual orientation.
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 discriminatory practices shall include but not be limited to the following
practices:
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(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 training or other program or
activity except athletic programs;
(2) Denial of comparable opportunity in intramural and interscholastic athletic programs;
(3) Discrimination among persons in employment and the conditions of employment;
(4) On the basis of sex,the application of any rule concerning 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 pregnancy or related conditions dependent upon the physician'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 prohibiting (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 institution from admitting students of only one sex.
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 transaction or impose finance charges or
other terms or conditions more onerous than those regularly extended by that creditor to consumers of
similar economic backgrounds 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,Code of Iowa,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 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 disability of the consumer shall not be an unfair or discriminatory practice if such denial
is based solely upon bona fide underwriting considerations not prohibited by title XIII, Subtitle 1.
The provisions of this section shall not be construed by negative implication or otherwise to
narrow or restrict any other provisions of this chapter.
Sec.14.11. AIDING OR ABETTING.
It shall be an unfair or discriminatory practice for:
(1) Any person to intentionally aid,abet,compel,or coerce another person to engage in any
of the practices declared unfair or discriminatory by this chapter.
(2) Any person to discriminate or retaliate against another person in any of the rights protected
against discrimination by this chapter because such person has lawfully opposed any practice forbidden
under this chapter,obeys the provisions of this chapter,or has filed a complaint,testified,or assisted
in any proceeding under this chapter.
Sec.14.11A. INTERFERENCE,COERCION,OR INTIMIDATION.
It shall be unlawful to coerce,intimidate,threaten,or interfere with any person in the exercise or
enjoyment of,on account of the person having exercised or enjoyed,or on account of the person having
aided or encouraged any other person in the exercise or enjoyment of,any right granted or protected
by section 14.8, 14.8A,or 14.15A.
Sec. 14.12. EXCEPTIONS.
The provisions of section 14.8 and 14.8A shall not apply to:
(1) Any bona fide religious institution with respect to any qualifications it may impose based
on religion,when such qualifications are related to a bona fide religious purpose,unless the religious
institution owns or operates property for a commercial purpose or membership in the religion is
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restricted on account of race,color,or national origin.
(2) The rental or leasing of a dwelling in a building which contains housing accommodations
for not more than two families living independently of each other,if the owner resides in one of such
housing accommodations.
(3) The rental or leasing of less than four rooms within a single dwelling by the occupant or
owner of the dwelling,if the occupant or owner resides therein.
(4) Discrimination on the basis of familial status involving dwellings provided under any state
or federal program specifically designed and operated to assist elderly persons, as defined in the state
or federal program that the commission determines to be consistent with determinations made by the
United States secretary of housing and urban development,and housing for older persons.
As used in this subsection, "housing for older persons" means housing communities
consisting of dwellings intended for either of the following:
(a) For eighty percent occupancy by at least one person fifty-five years of age or older
per unit,and providing significant facilities and services specifically designed to meet the physical or
social needs of the persons and the housing facility must publish and adhere to policies and procedures
which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years
of age or older.
(b) For and occupied solely by persons sixty-two years of age or older.
(5) The rental or leasing of a housing accommodation in a building which contains housing
accommodations for not more than four families living independently of each other, if the owner
resides in one of the housing accommodations for which the owner qualifies for the homestead tax
credit under section 425.1,Code of Iowa.
The exceptions to the requirements of sections 14.8 and 14.8A provided for dwellings specified
in subsections 2,3,and 5 do not apply to advertising related to those dwellings.
(6) Discrimination on the basis of sex involving the rental,leasing,or subleasing of a dwelling
within which residents of both sexes would be forced to share a common living area.
Sec.14.12A. ADDITIONAL HOUSING EXCEPTION.
Sections 14.8 and 14.8A do not prohibit a person engaged in the business of furnishing appraisals
of real estate from taking into consideration factors other than race,color,creed,sex,religion,national
origin,disability,familial status,or sexual orientation in appraising real estate.
Sec.14.13. SEX OR AGE PROVISIONS NOT APPLICABLE TO RETIREMENT PLANS.
(1) The provisions of this chapter relating to discrimination because of age do not apply to a
retirement plan or benefit system of an employer unless the plan or system is a mere subterfuge adopted
for the purpose of evading this chapter.
(2) However,a retirement plan or benefit system shall not require the involuntary retirement
of a person under the age of seventy because of that person's age. This paragraph does not prohibit the
following:
(a) The involuntary retirement of a person who has attained the age of sixty-five and has
for the two prior years been employed in a bona fide executive or high policymaking position and who
is entitled to an immediate,nonforfeitable annual retirement benefit from a pension,profit-sharing,
savings or deferred compensation plan of the employer which equals twenty-seven thousand dollars.
This retirement benefit test may be adjusted according to the regulations prescribed by the United States
secretary of labor pursuant to Public Law ninety-five dash two hundred fifty-six(95-256),section three
(3)•
(b) The involuntary retirement of a person covered by a collective bargaining agreement
which was entered into by a labor organization and was in effect on September 1, 1977. This exemption
does not apply after the termination of that agreement or January 1, 1980,whichever first occurs.
(3) A health insurance program provided by an employer may exclude coverage of abortion,
except where the life of the mother would be endangered if the fetus were carried to term or where
medical complications have arisen from an abortion.
(4) An employee welfare plan may provide life,disability or health insurance benefits which
vary by age based on actuarial differences if the employer contributes equally for all the participating
employees or may provide for employer contributions differing by age if the benefits for all the
participating employees do not vary by age.
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Sec. 14.14. PROMOTION OR TRANSFER.
After a handicapped individual is employed,the employer shall not be required under this chapter
to promote or transfer such handicapped person to another job or occupation,unless prior to such trans-
fer,such handicapped person by training or experience is qualified for such job or occupation. Any
collective bargaining agreement between an employer and labor organization shall contain this section
as part of such agreement.
Sec.14.15. COMPLAINT-HEARING.
(1) Any person claiming to be aggrieved by a discriminatory or unfair practice may,in person
or by an attorney,make,sign,and file with the commission a verified,written complaint which shall
state the name and address of the person,employer,employment agency,or labor organization alleged
to have committed the discriminatory or unfair practice of which complained, shall set forth the
particulars thereof,and shall contain such other information as may be required by the commission.
The commission, a commissioner or the city attorney may in like manner make, sign and file such
complaint.
(2) A claim under this chapter shall not be maintained unless a complaint is filed with the
commission within one hundred eighty days after the most recent act constituting the alleged illegal
discriminatory practice.
(3) Any place of public accommodation,employer,labor organization,or other person who
has any employees or members who refuse or threaten to refuse to comply with the provisions of this
chapter may file with the commission a verified written complaint in triplicate asking the commission
for assistance to obtain their compliance by conciliation or other remedial action.
(4) (a) After the filing of a verified complaint,a true copy shall be served within twenty days
by certified mail on the person against whom the complaint is filed. An authorized member of the
commission staff shall make a prompt investigation and shall issue a recommendation to a hearing
officer under the jurisdiction of the commission,who shall then issue a determination of probable cause
or no probable cause.
(b) If the hearing officer concurs with the investigating official that probable cause exists
regarding the allegations of the complaint,the staff of the commission shall promptly endeavor to
eliminate the discriminatory or unfair practice by conference, conciliation and persuasion. If the
hearing officer finds that no probable cause exists, the hearing officer shall issue a final order
dismissing the complaint and shall promptly mail a copy to the complainant and to the respondent by
certified mail. A finding of probable cause shall not be introduced into evidence in an action brought
under Sec. 14.16.
(c) The commission staff must endeavor to eliminate the discriminatory or unfair practice
by conference,conciliation and persuasion for a period of thirty days following the initial conciliation
meeting between the respondent and the commission staff after a finding of probable cause. After the
expiration of thirty days,the director may order the conciliation conference and persuasion procedure
provided in this section to be bypassed when the director determines the procedure is unworkable by
reason of past patterns and practices of the respondent, or a statement by the respondent that the
respondent is unwilling to continue with the conciliation. The director must have the approval of a
commissioner before bypassing the conciliation, conference and persuasion procedure. Upon the
bypassing of conciliation,the director shall state in writing the reasons for bypassing.
(5) The members of the commission and its staff shall not disclose the filing of a complaint,
the information gathered during investigation,or the endeavors to eliminate such discriminatory or
unfair practice by mediation,conference,conciliation,and persuasion,unless such disclosure is made
in connection with the conduct of such investigation.
(6) When the director is satisfied that further endeavor to settle a complaint by conference,
conciliation,and persuasion is unworkable and should be bypassed,and the thirty day period provided
for in subsection 3 has expired without agreement,the director with the approval of a commissioner,
shall issue and cause to be served a written notice specifying the charges in the complaint as they may
have been amended and the reasons for bypassing conciliation,if the conciliation is bypassed, and
requiring the respondent to answer the charges of the complaint at a hearing before the commission,
a commissioner,or a person designated by the commission to conduct the hearing,hereafter referred
to as the hearing officer,and at a time and place to be specified in the notice.
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(7) The case in support of such complaint shall be presented at the hearing by one of the
commission's attorneys. The investigating official shall not participate in the hearing except as a
witness nor shall the official participate in the deliberations of the commission in such case.
(8) The hearing shall be conducted in accordance with the provisions of chapter 17A,Code of
Iowa for contested cases. The burden of proof in such a hearing shall be on the commission.
(9) If, upon taking into consideration all of the evidence at a hearing, the commission
determines that the respondent has engaged in a discriminatory or unfair practice,the commission shall
state its findings of fact and conclusions of law and shall issue an order requiring the respondent to
cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as
in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall
be delivered to the respondent,the complainant,and to any other public officers and persons as the
commission deems proper.
(a) For the purposes of this subsection and pursuant to the provisions of this chapter
"remedial action"includes but is not limited to the following:
1. Hiring,reinstatement or upgrading of employees with or without pay. Interim
earned income and unemployment compensation shall operate to reduce the pay otherwise allowable.
2. Admission or restoration of individuals to a labor organization, admission to or
participation in a guidance program,apprenticeship training program,on-the-job training program or
other occupational training or retraining program, with the utilization of objective criteria in the
admission of individuals to such programs.
3. Admission of individuals to a public accommodation or
an educational institution.
4. Sale, exchange, lease, rental, assignment or sublease of real property to an
individual.
5. Extension to all individuals of the full and equal enjoyment of the advantages,
facilities, privileges, and services of the respondent denied to the complainant because of the
discriminatory or unfair practice.
6. Reporting as to the manner of compliance.
7. Posting notices in conspicuous places in the respondent's place of business in
form prescribed by the commission and inclusion of notices in advertising material.
8. Payment to the complainant of damages for an injury caused by the
discriminatory or unfair practice which damages shall include but are not limited to actual damages,
court costs and reasonable attorney fees.
(b) In addition to the remedies provided in the preceding provisions of this subsection,
the commission may issue an order requiring the respondent to cease and desist from the discriminatory
or unfair practice and to take such affirmative action as in the judgment of the commission will carry
out the purposes of this chapter as follows:
1. In the case of a respondent operating by virtue of a license issued by the state
or a political subdivision or agency, if the commission, upon notice to the respondent with an
opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair
practice and that the practice was authorized, requested, commanded, performed or knowingly or
recklessly tolerated by the board of directors of the respondent or by an officer or executive agent
acting within the scope of his or her employment, the commission shall so certify to the licensing
agency. Unless the commission finding of a discriminatory or unfair practice is reversed in the course
of judicial review,the finding of discrimination is binding on the licensing agency. If a certification
is made pursuant to this subsection,the licensing agency may initiate licensee disciplinary procedures.
2. In the case of a respondent who is found by the commission to have engaged
in a discriminatory or unfair practice in the course of performing under a contract or subcontract with
the state or political subdivision or agency, if the practice was authorized,requested, commanded,
performed,or knowingly or recklessly tolerated by the board of directors of the respondent or by an
officer or executive agent acting within the scope of his or her employment the commission shall so
certify to the contracting agency. Unless the commission's finding of a discriminatory or unfair practice
is reversed in the course of judicial review,the finding of discrimination is binding on the contracting
agency.
3. Upon receiving a certification made under this subsection,a contracting agency
may take appropriate action to terminate a contract or portion thereof previously entered into with the
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respondent,either absolutely or on condition that the respondent carry out a program of compliance
with the provisions of this chapter,and assist the state and all political subdivisions and agencies thereof
to refrain from entering into further contracts.
(c) The election of an affirmative order under paragraph"b" of this subsection shall not
bar the election of affirmative remedies provided in paragraph"a"of this subsection.
(10) The terms of a conciliation or mediation agreement reached with the respondent may
require him or her to refrain in the future from committing discriminatory or unfair practices of the type
stated in the agreement,to take remedial action as in the judgment of the commission will carry out the
purposes of this chapter,and to consent to the entry in an appropriate district court of a consent decree
embodying the terms of the conciliation or mediation agreement. Violation of such a consent decree
may be punished as contempt by the court in which it is filed,upon a showing by the commission of
the violation at any time within six months of its occurrence. At any time in its discretion,the commis-
sion may investigate whether the terms of the agreement are being complied with by the respondent.
Upon a finding that the terms of the conciliation or mediation agreement are not being complied
with by the respondent,the commission shall take appropriate action to assure compliance.
(11) If,upon taking into consideration all of the evidence at a hearing,the commission finds that
a respondent has not engaged in any such discriminatory or unfair practice,the commission shall issue
an order denying relief and stating the findings of fact and conclusions of the commission, and shall
cause a copy of the order dismissing the complaint to be served by certified mail on the complainant
and the respondent.
(12) The commission shall establish rules to govern,expedite and effectuate the procedures
established by this chapter and its own actions thereunder.
(13) The commission or a party to a complaint may request mediation of the complaint at any
time during the commission's processing of the complaint. If the complainant and respondent
participate in mediation,any mediation agreement may be enforced pursuant to this section. Mediation
may be discounted at the request of any party or the commission
See.14.15A. ADDITIONAL PROCEEDINGS-HOUSING DISCRIMINATION.
(1) (a) The commission may join a person not named in the complaint as an additional or
substitute respondent if in the course of the investigation,the commission determines that the person
should be alleged to have committed a discriminatory housing or real estate practice.
(b) In addition to the information required in the notice,the commission shall include in
a notice to a respondent joined under this subsection an explanation of the basis for the determination
under this subsection that the person is properly joined as a respondent.
(2) (a) The commission shall,during the period beginning with the filing of a complaint and
ending with the filing of a charge or a dismissal by the commission,to the extent feasible,engage in
mediation with respect to the complaint.
(b) A mediation agreement is an agreement between a respondent and the complainant
and is subject to commission approval.
(c) A mediation agreement may provide for binding arbitration or other method of
dispute resolution. Dispute resolution that results from a mediation agreement may authorize
appropriate relief,including monetary relief.
(d) A mediation agreement shall be made public unless the complainant and respondent
agree otherwise,and the commission determines that disclosure is not necessary to further the purposes
of this chapter relating to unfair or discriminatory practices in housing or real estate.
(e) The proceedings or results of mediation shall not be made public or used as evidence
in a subsequent proceeding under this chapter without the written consent of the persons who are party
to the mediation.
(f) After completion of the commission's investigation, the commission shall make
available to the aggrieved person and the respondent information derived from the investigation and
the final investigative report relating to that investigation.
(g) When the commission has reasonable cause to believe that a respondent has breached
a mediation agreement,the commission shall refer this matter to the city attorney,after authorization
by the city council, with a recommendation that a civil action be filed for the enforcement of the
agreement. The city attorney may commence a civil action in the appropriate district court not later than
the expiration of ninety days after referral of the breach.
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(3) (a) If the commission concludes,following the filing of a complaint,that prompt judicial
action is necessary to carry out the purposes of this chapter relating to unfair or discriminatory housing
or real estate practices, the commission may authorize a civil action for appropriate temporary or
preliminary relief pending final disposition of the complaint in accordance with chapter 216.15A of the
Iowa Code.
(b) A temporary restraining order or other order granting preliminary or temporary relief
under this section is governed by the applicable Iowa rules of civil procedure.
(c) The filing of a civil action under this section does not affect the initiation or
continuation of administrative proceedings in regard to an administrative hearing.
(4) (a) The commission shall prepare a final investigative report.
(b) A final report under this section may be amended by the commission if additional
evidence is later discovered.
(5) (a) The commission shall determine based on the facts whether probable cause exists to
believe that a discriminatory housing or real estate practice has occurred or is about to occur.
(b) The commission shall make its determination under paragraph(a)not later than one
hundred days after a complaint is filed unless one of the following applies:
1. It is impracticable to make the determination within that time period.
2. The commission has approved a mediation agreement relating to the complaint.
(c) If it is impracticable to make the determination within the time period provided by
paragraph(b),the commission shall notify the complainant and respondent in writing of the reasons
for the delay.
(d) If the commission determines that probable cause exists to believe that a
discriminatory housing or real estate practice has occurred or is about to occur,the commission shall
immediately issue a determination unless the commission determines that the legality of a zoning or
land use law or ordinance is involved.
If the commission determines that the matter involves the legality of a state or local zoning
or other land use ordinance,the commission shall not issue a determination and shall immediately refer
the matter to the attorney general for appropriate action.
(6) (a) A determination issued by the commission under subsection 4 shall:
1. Consist of a short and plain statement of the facts on which the commission has
found probable cause to believe that a discriminatory housing or real estate practice has occurred or is
about to occur.
2. Be based on the final investigative report.
3. Not be limited to the facts or grounds alleged in the complaint.
(b) Not later than twenty days after the commission issues a determination,unless it is
impracticable to do so, the commission shall send a copy of the determination with information
concerning the election under section 14.16A to all of the following persons:
1. Each respondent, together with a notice of the opportunity for a hearing as
provided under subsection 9.
2. Each aggrieved person on whose behalf the complaint was filed.
In the event the commission is unable to send a copy of the determination within
twenty days then it shall notify the parties in writing of the delay.
(7) (a) If the commission determines that no probable cause exists to believe that a
discriminatory housing or real estate practice has occurred or is about to occur,the commission shall
promptly dismiss the complaint.
(b) The commission shall make public disclosure of each dismissal under this section.
(8) The commission shall not issue a determination under this section regarding an alleged
discriminatory housing or real estate practice after the beginning of the trial of a civil action commenced
by the aggrieved party under federal or state law seeking relief with respect to that discriminatory
housing or real estate practice.
(9) (a) If timely election is not made under section 14.16A,the commission shall provide
an opportunity for a hearing on the charges in the complaint.
(b) Except as provided by paragraph(c),the hearing shall be conducted in accordance
with Chapter 17A for contested cases.
(c) A hearing under this section shall not be continued regarding an alleged
discriminatory housing or real estate practice after the beginning of the trial of a civil action commenced
13
by the aggrieved person under federal or state law seeking relief with respect to that discriminatory
housing or real estate practice.
(10) If the commission determines at a hearing under subsection 9 that a respondent has engaged
or is about to engage in a discriminatory housing or real estate practice,the commission may order the
appropriate relief,including actual damages,reasonable attorney's fees,court costs, and other injunctive
or equitable relief. Such order may,to vindicate the public interest,assess a civil penalty against the
respondent in an amount not to exceed those established by the Code of Iowa.
(11) This section applies only to the following:
14.8A. (a) Complaints which allege a violation of the prohibitions contained in section 14.8 or
(b) Complaints which allege a violation of section 14.11 or 14.11A arising out of alleged
violations of the prohibitions contained in section 14.8 or 14.8A.
(12) If a provision of section 14.15A applies under the terms of section 14.15A,subsection 11,
and the provision of section 14.15A conflicts with a provision of section 14.15,then the provision
contained within section 14.15A shall prevail. Similarly,if a provision of section 14.16A or 14.17A
conflicts with a provision of section 14.16 or 14.17,then the provision contained in section 14.16A or
14.17A shall prevail.
Sec.14.15B. MEDIATION-CONFIDENTIALITY.
(1) For the purposes of this section,"mediator"shall be the person designated in writing by the
commission to conduct mediation of a complaint filed under this chapter. The written designation must
specifically refer to this section.
(2) All verbal or written information relating to the subject matter of a mediation agreement
and transmitted between either the complainant or respondent and a mediator to resolve a complaint
filed under this chapter, whether reflected in notes, memoranda, or other work products, is a
confidential communication except as otherwise expressly provided in this chapter. Mediators involved
in a mediation under this section shall not be examined in any judicial or administrative proceeding
regarding the confidential communications and are not subject to the judicial or administrative process
requiring the disclosure of confidential communications. If a written confidential communication is
kept by the mediator it must be kept in a mediation file which is maintained separately from the case
file. The confidential communications may not be included in the commission's case file unless the
person providing the information consents to its inclusion in the case file. The mediation file is not part
of the file made available to the parties upon the commission's receipt of a right to sue letter.
Information maintained in the mediation file and not included in the case file shall not be considered
when making a recommendation or decision regarding screening,probable cause, or any issue in a
contested case.
(3) A mediator who has reason to believe that a complainant or respondent has given perjured
evidence concerning a confidential communication is not barred by this section from disclosing the
basis for this belief to any party to a cause in which the alleged perjury occurs or to the appropriate
authorities, including testifying concerning the relevant confidential communications. If a dispute
regarding the existence of a mediation agreement exists,the terms of the mediation agreement,or the
conduct of the mediation process itself,the mediator may be examined regarding relevant confidential
communications.
Sec.14.16. SIXTY-DAY ADMINISTRATIVE RELEASE.
(1) A person claiming to be aggrieved by an unfair or discriminatory practice must initially
seek an administrative relief by filing a complaint with the commission in accordance with Sec. 14.15.
This provision also applies to persons claiming to be aggrieved by an unfair or discriminatory practice
committed by the state or an agency or political subdivision of the state,notwithstanding the terms of
the Iowa administrative procedure Act. A complainant after the proper filing of a complaint with the
commission,may subsequently commence action for relief in the district court if all of the following
conditions have been satisfied:
Sec. 14.15. (a) The complainant has timely filed the complaint with the commission as provided in
(b) The complaint has been on file with the commission for at least sixty days and the
commission has issued a release to the complainant pursuant to subsection 2 of this section.
14
(2) Upon a request by the complainant,and after the expiration of sixty days from the timely
filing of a complaint with the commission,the commission shall issue to the complainant a release
stating that the complainant has a right to commence an action in the district court.A release under this
subsection shall not be issued if a finding of no probable cause has been made on the complaint by the
hearing officer charged with that duty,or a conciliation agreement has been executed under Sec. 14.15,
or the commission has served notice of hearing upon the respondent,or the complaint is closed as an
administrative closure and two years have elapsed since the issuance date of the closure.
Notwithstanding Sec. 14.15,subsection(4),a party may obtain a copy of all documents contained
in a case file where the commission has issued a release to the complainant pursuant to this subsection.
(3) An action authorized under this section is barred unless commenced within ninety days
after issuance by the commission of a release under this section. If a complainant obtains a release from
the commission under this section, the commission shall be barred from further action on that
complaint.
(4) Venue for an action under this section shall be in the county in which the respondent resides
or has its principal place of business,or in the county in which the alleged unfair or discriminatory
practice occurred.
(5) The district court may grant any relief in an action under this section which is authorized
by Sec. 14.15 to be issued by the commission. The district court may also award the respondent
reasonable attorney's fees and court costs when the court finds that the complainant's action was
frivolous.
(6) It is the legislative intent of this chapter that every complaint be at least preliminarily
screened during the first one hundred twenty days.
This section does not authorize administrative closures if an investigation is warranted.
Sec.14.16A. CIVIL ACTION ELECTED-HOUSING.
(1) (a) A complainant,a respondent,or an aggrieved person on whose behalf the complaint
was filed may elect to have the charges asserted in the complaint decided in a civil action as provided
by section 14.17A.
(b) The election must be made not later than twenty days after the date of receipt by the
elected person of service under section 14.15A,subsection 5,or in the case of the commission,not later
than twenty days after the date the determination was issued.
(c) The person malting the election shall give notice to the commission and to all other
complainants and respondents to whom the election relates.
(d) The election to have the charges of a complaint decided in a civil action as provided
in paragraph"a" is only available if one of the following is alleged:
1. There has been a violation of section 14.8 or 14.8A.
2. There has been a violation of section 14.11 or 14.1 1 A arising out of an alleged
violation of the prohibitions contained in section 14.8 or 14.8A.
(2) (a) An aggrieved person may file a civil action in district court not later than two years
after the occurrence of the termination of an alleged discriminatory housing or real estate practice,or
the breach of a mediation agreement entered into under this chapter,whichever occurs last,to obtain
appropriate relief with respect to the discriminatory housing or real estate practice or breach.
(b) The two-year period does not include any time during which an administrative
hearing under this chapter is pending with respect to a complaint or charge based on the discriminatory
housing or real estate practice. This subsection does not apply to actions arising from a breach of a
mediation agreement.
(c) An aggrieved person may file an action under this subsection whether or not a
discriminatory housing or real estate complaint has been filed under section 14.15,and without regard
to the status of any discriminatory housing or real estate complaint filed under that section.
(d) If the commission has obtained a mediation agreement with the consent of an
aggrieved person,the aggrieved person shall not file an action under this subsection with respect to the
alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the
agreement.
15
(e) An aggrieved person shall not file an action under this subsection with respect to an
alleged discriminatory housing or real estate practice that forms the basis of a charge issued by the
corrunission if the commmission has begun a hearing on the record under this chapter with respect to the
charge.
(f) If an action is filed in district court under this subsection, the court may, upon a
finding of discrimination,order any of the remedies provided for in section 14.17A,subsection 6.
Sec.14.17. JUDICIAL REVIEW-ENFORCEMENT.
(1) Judicial review of the actions of the commission may be sought in accordance with the
terms of the Iowa administrative procedure Act. Notwithstanding the terms of said Act,the petition for
judicial review may be filed in the district court in which an enforcement proceeding under subsection
2 may be brought. For purposes of the time limit for filing a petition for judicial review under the Iowa
administrative procedure Act, specified by Section 17A.19, Code of Iowa, the issuance of a final
decision of the commission under this chapter occurs on the date notice of the decision is mailed by
certified mail,to the parties.
A petition for judicial review of no-probable-cause decisions and other final agency actions
which are not of general applicability must be filed within thirty days of the issuance of the final agency
action.
(2) The commission may obtain an order of court for the enforcement of commission orders
in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the
district court of the district in the county in which the alleged discriminatory or unfair practice which
is the subject of the commission's order was committed,or in which any respondent required in the
order to cease or desist from a discriminatory or unfair practice or to take other affirmative action,
resides,or transacts business.
(3) Such an enforcement proceeding shall be initiated by the filing of a petition in such court
and the service of a copy thereof upon the respondent. Thereupon the commission shall file with the
court a transcript of the record of the hearing before it. The court shall have power to grant such
temporary relief or restraining order as it deems just and proper,and to make and enter upon the plead-
ings, testimony, and proceedings set forth in such transcript an order enforcing, modifying and
enforcing as so modified,or setting aside the order of the commission,in whole or in part.
(4) An objection that has not been urged before the commission shall not be considered by the
court in an enforcement proceeding unless the failure or neglect to urge such objection shall be excused
because of extraordinary circumstances.
(5) Any party to the enforcement proceeding may move the court to remit the case to the
commission in the interests of justice for the purpose of adducing additional specified and material
evidence and seeking findings thereof,providing such party shall show reasonable grounds for the
failure to adduce such evidence before the commission.
(6) In the enforcement proceeding the court shall determine its order on the same basis as it
would in a proceeding reviewing commission action under section 17A.19,subsection 8 of the Code
of Iowa.
(7) The commission's copy of the testimony shall be available to all parties for examination at
all reasonable times,without cost,and for the purpose of judicial review of the commission's orders.
(8) The commission may appear in court by its own attorney.
(9) Petitions filed under this section shall be heard expeditiously and determined upon the
transcript filed without requirement for printing.
(10) If no proceeding to obtain judicial review is instituted within thirty days from the service
of an order of the commission under section 14.15,the commission may obtain an order of the court
for the enforcement of such order upon showing that respondent is subject to the jurisdiction of the
commission and resides or transacts business within the county in which the petition for enforcement
is brought.
Sec.14.17A. CIVIL PROCEEDINGS-HOUSING.
(1) (a) If timely election is made under section 14.16A,subsection 1,the commission shall
authorize, in accordance with the Code of Iowa, Chapter 216.17A, a civil action on behalf of the
aggrieved person in a district court seeking relief.
16
(b) Venue for an action under this section is in the county in which the respondent resides
or has its principal place of business,or in the county in which the alleged discriminatory housing or
real estate practice occurred.
(c) An aggrieved person may intervene in the action.
(d) If the district court finds that a discriminatory housing or real estate practice has
occurred or is about to occur,the district court may grant as relief any relief that a court may grant in
a civil action under subsection 6.
(e) If monetary relief is sought for the benefit of an aggrieved person who does not
intervene in the civil action, the district court shall not award the monetary relief if that aggrieved
person has not complied with the discovery orders entered by the district court.
(2) A commission order that has been substantially affirmed by judicial review,does not affect
a contract,sale,encumbrance,or lease that was consummated before the commission issued the order
and involved a bona fide purchaser,encumbrancer,or tenant who did not have actual notice of the
charge issued under this chapter.
(3) If the commission issues an order with respect to a discriminatory housing practice that
occurred in the course of a business subject to a licensing or regulation by a governmental agency,the
commission, not later than thirty days after the date of issuance of the order, shall do all of the
following:
(a) Send copies of the findings and order to the governmental agency.
(b) Recommend to the governmental agency appropriate disciplinary action.
(4) If the commission issues an order against a respondent against whom another order was
issued within the preceding five years under section 14.15A,subsection 10,the commission shall send
a copy of each order issued under that section to the attorney general.
(5) On application by a person alleging a discriminatory housing practice or by a person against
whom a discriminatory practice is alleged,the district court may appoint an attorney for the person.
(6) (a) In an action under subsection 1 and section 14.16A,subsection 2,if the district court
finds that a discriminatory housing or real estate practice has occurred or is about to occur,the district
court may do any of the following:
1. Award actual and punitive damages,reasonable attorney's fees, and court costs.
2. Issue,subject to subsection 7,any permanent or temporary injunction,temporary
restraining order,preventive relief order,or other order,including an order enjoining the defendant
from engaging in the practice or ordering appropriate affirmative action as necessary to assure the full
enjoyment of the housing rights granted under this chapter.
3. To vindicate the public interest,assess a civil penalty against the respondent in
an amount not to exceed those established by the Code of Iowa.
(b) A person may intervene in an action under this section if the person is any of the
following:
1. An aggrieved person to the discriminatory housing or real estate practice.
2. A party to a mediation agreement concerning the discriminatory housing or real
estate practice.
(7) Relief granted under this section does not affect a contract,sale,encumbrance,or lease that
was consummated before the granting of relief and involved a bona fide purchaser,encumbrancer,or
tenant who did not have actual notice of the filing of a complaint under this chapter or a civil action
under this section.
(8) A court in a civil action brought under this section may award reasonable attorney's fees
to the prevailing party and assess court costs against the nonprevailing party.
Sec.14.18. RULE OF CONSTRUCTION.
This chapter shall be construed broadly to effectuate its purposes."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction,punishable as set
out in Section 1.9,Ames Municipal Code.
Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such
conflict if any.
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Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this 5th day of March 1996.
l
Sandra L. Ryan,City Clerk Larry R.Curtis,M yor
0293
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