HomeMy WebLinkAboutA002 - Email dated December 13, 2013, regarding proof of publication error 56741 (9) "Familial status" means one i
ORDINANCE NO.4163 or more individuals under the age
A ORDINANCE TO AMEND THE MU- of eighteen domiciled with one of
NICIPAL CODE OF THE CITY OF the following:
n [ J n AMES, IOWA, BY REPEALING (a) A parent or another person
( "GYYI�C�C1C•cL C� r t�� CHAPTER 14 AND ENACTING A having legal custody of the indi-
`���� � (' NEW CHAPTER 14 THEREOF TO BE vidual or individuals.
�GrrngCr T L�YG� CONSISTENT WITH THE IOWA CIV- (b)The designee of the parent or
IL RIGHTS ACT; REPEALING ANY the other person having custody
��3 AND ALL ORDINANCES OR PARTS of the individual or individuals,
r� OF ORDINANCES IN CONFLICT TO with the written permission of the
Sir Yl� r "j L2 L'Z-sue fiu,cc THE EXTENT OF SUCH CONFLICT parent or other person.
AND ESTABLISHING AN EFFECTIVE (c) A person who is pregnant or is
i4 I DATE. in the process of securing legal
BE IT ENACTED,by the City Council custody of the individual or indi-
viduals.for the City of Ames,Iowa,that: "Familial
Familial status" also means a
Section One. The Municipal Code person who is pregnant or who is
of the City of Ames.Iowa shall be in the process of securing legal
and the same is hereby amended custody of an individual who has
by enacting a new Chapter 14 as not attained the age of eighteen
Proof Of Publication In follows: years.
THE AMES TRIBUNE "CHAPTER 14-HUMAN RELATIONS (10) "Gender Identity"means a
Sec.14.1.PURPOSE OF CHAPTER. gender-related identity of a per-
_______________________________ The purpose of this chapter is to son regardless of the Person's as-
implement the provision of the Io. signed sex at birth.
wa Civil Rights Act and to further (11) "Labor organization"
STATE OF IOWA, STORY COUNTY,Ss. provide for the general welfare of means any organization which ex-
persons in the City of Ames,Iowa, fists for the purpose in whole or in
by prohibiting certain discrimina- part of collective bargaining, of
tors practices, and to establish a dealing with employers concern-
I,Alexandra Hayne, on oath depose and say commission for the investigation ing grievances, terms, or condi-
of complaints of discrimination; tions of employment, or of other
that I am Editor of THE AMES TRIBUNE, and,to undertake projects of edu- mutual aid or protection in con-
cation to prevent discrimination; nection with employment
a daily newspaper, published at Ames, and, to establish procedures for (12) "Person" means one or
the conciliation of such com- more individuals, partnerships,
Story County, Iowa; that the annexed printed Plaints; and to enforce the Provi. associations, corporations, legal
sions hereof. representatives, trustees, receiv-
(State Law Ref. Iowa Code Sec. ers,and the state of Iowa and all
3377,3 (Ord. 3123, 3-26-91; Ord. political subdivisions and agen-
ec.S ties thereof.
City of Ames Whenn used
sed in this chapter,unless ,
Sea DEFINITIONS. (13) Public accommodation"
u
the context otherwise requires: means each and every place,es-
Ordinance No. 4163 (1) "Commission" means the tablishment,or facility of whatev-
Ames Human Relations Commis- er kind, nature, or class that ca-
sion created by this chapter. ters or offers services, facilities,
(2) "Commissioner" means a or goods for a fee or charge to
member of the commission. nonmembers of any organization
was published in said newspaper (3) "Court" means the district or association utilizing the place,
p court in and for any judicial dis- establishment or facility,provided
one time on December 18, 2013; trio of the state of Iowa or any that any place, establishment, or
judge of the court if the court is facility that caters or offers serv-
the last day of publication was not in session at that time. ices, facilities, or goods to the
(4) "Covered Multifamily Dwell. nonmembers gratuitously shall be
the 18th day of December, 2013. ing"means any of the following: deemed a public accommodation
(a) A building consisting of four if the accommodation received
or more dwelling units if the build- governmental support or subsidy.
ing has one or more elevators. Public accommodation shall not
(b) The ground floor units of a mean any bona fide private club
building consisting of four or or other place, establishment, or li
more units. facility which is by its nature dis-
(5) "Disability" means the physi- tinctly private, except when such
BonyL.�rbs"c distinctly private place,establish-
�'iL cal or mental condition of a per-C«m+r;.+o++nhmbsr 7649� ment or facility caters or offers
34` MX OR15M son which constitutes a substan-
, ummissian E f 6 services,facilities,or goods to the
+ . tial handicap,and the condition of
q�► > f - ` a"person with a positive human nonmembers for fee or charge or
immunodeficiency'virus test re- gratuitously, it shall be deemed a
sult, a diagnosis of acquired im- public accommodation during
mune deficiency syndrome, a di- such period. "
agnosis of acquired immune defi- Public accommodation" includes
ciency syndrome-related com- each state and local government
plex,or any other condition relat- unit or tax-supported district of
ed to acquired immune deficiency whatever kind, nature, or class
syndrome.The inclusion of a con. that offers services, facilities,
benefits, grants or goods to the
i mmu immunodeficiency virus test re-related to a positive human public,gratuitously or otherwise.
mmu
,. suit in the meaning of"disability" This paragraph shall not be con-
under the provisions of this chap- strued by negative implication or
ter does not preclude the applica- otherwise to restrict any part or
tion of the provisions of this chap- Portion of the pre-existing defini-
ter to conditions resulting from tion of the term"public accommo-
other contagious or infectious dis- dation".
eases. (Ord.No.2912,12-18-84)
Notary Public !State Law ref. Iowa Code Sec. (14) "Unfair practice" or "dis-
216.21 criminatory practice" means
sworn to before me and subscribed in my 6) "Employee" means any per- those practices specified as unfair
son employed by an employer. or discriminatory in this chapter.
presence by Alexandra Hayne this (7) "Employer"means the state of (Ord.3123,3-26-91)
Iowa or any political subdivision. (15) "Sexual Orientation"
the 18th day of December, 2013. board, commission, department, means actual or perceived hetero-
institution, or school district sexuality, homosexuality, or bi-
thereof, and every other person sexuality. "Sexual orientation"
employing employees within the does not include participation in
FEE: $ 487.77 state. acts which are prohibited by law.
(8)"Employment agency" means (Ord.3128,5-28.91; Ord.3377, 3-5-
AD#: 56741 any Person undertaking to pro- 96)
ACCT: 34670 cure employees or opportunities ,,,Sec. 14.3. COMMISSION APPOINT-
to work for any other person or ED-STAFF-HEARING OFFICERS.
any person holding itself to be (1) Commission Appointed. The
equipped to do so.
Sec.I"POWERS AND DUTIES.
The Commission shall have the ing discrimination because of ble, or not solicited for employ-
Ames Human Relations Commis- following powers and duties: race, creed, color, sex, national ment or membership unless
sion shall consist of five(5)mem- (1) Prescribe the duties of the Af- origin, religion, ancestry, disabili- based on the nature of the occu-
bers appointed by the Mayor with firmative Action Officer under this ty, sexual orientation or gender pation. If a disabled person is
the approval of the City Council. chapter. The Officer shall be a identity as it may deem necessary qualified to Perform a particular
Appointments shall take into con- person appointed by the Ames and desirable. occupation by reason of training
sideration the various racial, reli- City Manager and shall serve as or experience, the nature of that
(Ord.3128,5.28-91)
gious, cultural and social groups the affirmative action officer for occupation shall not be the basis
and geographical areas within the the City of Ames. (9) To cooperate,within the limits City of Ames in so far as may be for exception to the unfair or dis-
of any appropriations made for its
(2) To receive, investigate, medi- 'operations,with other agencies or criminating practices prohibited
practicable. The term of office ate, and finally determine the organizations,both public and pri- by this subsection.vate,whose purposes are consis-
shall be three(3)years,and shall merits of complaints alleging un- "An employer, employment agen-
begin April 1 of the fiscal year of fair or discriminatory Practices. tent with those of this chapter, cy,or their employees,servants or
appointment, except that the (3) To investigate and study the and on the planning and conduct- agents may offer employment or
Mayor may prescribe a shorter existence, character, causes, and ing of programs designed to elimi- advertise for employment to only
term for any appointment or reap- extent of discrimination in public nate racial,religious,Cultural,and the disabled, When other appli-
pointment in order to stagger accommodations, employment, intergroup tensions. cants have available to them,oth-
terms. Four (4) of the members apprenticeship programs, on-the- er employment compatible with
and rescind regulations consis-
shall serve 3-year terms,and one job training programs, vocational To adopt, publish, amend, their ability which would not be
and
(1) of the members shall serve a schools, credit Practices, and tent with and necessary for the available to the disabled because
special 1-year term. Vacancies housing in this city and to attempt enforcement of this chapter. of their handicap. Any such em-
shall be filled for any unexpired the elimination of such discrimi- (11) To receive,administer,dis- ployment or offer of employment
term in the same manner as origi- nation by education and concilia- shall not discriminate among the
nal appointments. Any member or tion. tense and account for any funds disabled on the basis of race,col-
that may be voluntarily contribut-
all members of the Commission
(4) To seek a temporary injunc- ed to the commission and any or,creed,sex,national origin,sex-
may be removed from office at tion against a respondent when it ual orientation or gender identity.
f
commission for furthering the any time by the Mayor with the appears that a complainant may suffer irreparable injury as a re- grants that may awarded the (Ord.3128,5-28-91)
approval of the City Council, for purposes of this chapter with the (d) Person to solicit or require as
good cause. No member who has sult of an alleged violation of this approval of the City Council. a condition of employment of any
served two (2) full consecutive chapter. A temporary injunction (12) To refer a complaint to the employee or prospective employ-
terms is eligible for reappoint- may only be issued ex parte,if the Iowa Civil Rights Commission un- ee a test for the presence of the
ment.The Commission shall elect complaint filed with the commis- der commission rules. antibody to the human immuno-
one of their members to be chair- sion alleges discrimination in (13) To issue subpoenas and or- deficiency virus or to affect the
person, and develop their own housing. In all other cases a tem- der discovery as provided by this terms,conditions, or Privileges of
rules of procedure, not inconsis- porary injunction may be issued section in aid of investigations employment or terminate the em-
tent with this chapter. only after the respondent has and hearings of alleged unfair or ployment of any employee solely
(Ord. No. 3820, 3-08-05; Ord. No. been notified and afforded the op- discriminatory housing, real Prop- as a result of the employee ob-
3943,2-19-08;Ord.No.4129, 11-13- portunity to be heard. erty,or other prohibited practices taining a test for the Presence of
12) (5) To hold hearings upon any The subpoenas and discovery the antibody to the human immu-
(2) Staff Function, Investigation complaint made against a person, may be ordered to the same ex- nodeficiency virus.An agreement I
and Conciliation officers.With the an employer, an employment tent and are subject to the same between an employer, employ-
advice of the Human Relations agency,or a labor organization,or limitations as subpoenas and dis- ment agency, labor organization,
Commission and with the appro- the employees or members there- covery in a civil action in district or their employees, agents, or
val of the City Council,the Mayor of, to subpoena witnesses and court. members and an employee or pro-
shall appoint up to seven(7)per. compel their attendance at such (14) To utilize volunteers to aid spective employee concerning
sons as Investigation and Concili- hearings,to administer oaths and in the conduct of the commis- employment, pay, or benefits to
ation Officers who shall serve as take the testimony of any person sion's business including case an employee or prospective em-
unpaid staff to the Commission. under oath, and to compel such processing functions such as in- ployee in return for taking a test
Their term of office,method of ap. person, employer, employment take,screening,investigation,and for the presence of the antibody
pointment, method for filling agency, or labor organization, or mediation. to the human immunodeficiency
vacancies and limitations on eligi- employees or members thereof to [State Law Ref. Iowa Code Sec. virus, is prohibited. The
bility for reappointment shall be produce for examination any 116.51(Ord.3377,3-5-96) prohibitions of this paragraph do
the same as prescribed for Com- books and papers relating to any Sec. 14.6. UNFAIR EMPLOYMENT not apply if the state epidemiolo-
mission members. matter involved in such com- PRACTICES. gist determines and the director
(Ord.No.3943,2-19-08) plaint.The commission shall issue (1) It shall be an unfair or discrimi- of public health declares through
(3) Hearing Officers.With the ad- subpoenas for witnesses in the natory practice for any: the utilization of guidelines estab-
vice of the Ames Human Relations same manner and for the same (a) Person to refuse to hire, ac- lished by the center for disease
Commission and with the appro- purposes on behalf of the re- cept,register,classify,or refer for control of the United States de- i
val of the City Council,the Mayor spondent upon request. Such employment, to discharge any partment of health and human
shall appoint a group of persons hearings may be held by the com- employee, or to otherwise dis- services,that a person with a con-
educated in the law from among mission, by any commissioner, or criminate in employment against dition related to acquired immune
whom a hearing officer shall be by any hearing examiner appoint- any applicant for employment or deficiency syndrome poses a Sig-
drawn by lot when needed to ed by the commission.If a witness any employee because of the age, nificant risk of transmission of the
make a "determination of Proba. I either fails or refuses to obey a race, creed, color, sex, national human immunodeficiency virus to
ble cause" as required in this subpoena issued by the commis- ! origin, religion, disability, sexual other persons in a specific occu-
chapter, or when deemed advisa- Sion,the commission may petition orientation or gender identity of Potion.
ble by the Commission,to conduct the district court having jurisdic- such applicant or employee, un- (2) Employment policies relating
a hearing as provided for herein. tion for issuance of a subpoena less based upon the nature of the to pregnancy and childbirth shall
There shall be no limit to the num- and the court shall in a proper occupation.If a disabled person is be governed by the following:
ber of persons who may be added case issue the subpoena. Refusal qualified to perform a particular (a) A written or unwritten employ-
to said panel, but the number to obey such subpoena shall be occupation, by reason'of training ment policy or Practice which ex-
shall not be allowed, by declin- subject to punishment for con- cludes from employment appli-
or experience, the nature of that
ations to serve or otherwise, to tempt. cants or employees because of
occupation shall not be the basis
fall below three.Their term of of- (6) To issue such publications and the employees pregnancy is a Pri-
for exception to the unfair or dis-
fice, method of appointment, reports of investigations and re- ma facie violation of this chapter.
criminating practices prohibited
method for filling vacancies and search as in the judgment of the i by this subsection. ut Disabilities cemployer's Pr g-
limitations on eligibility for reap- commission shall tend to promote (b) Labor organizations or the em- uted to by the employee's preg-
pointment shall be the same a5 good will among the various ra- ployees, agents or members nancy, miscarriage, 1"childbirth,
prescribed for Commission mem- cial, religious, and ethnic groups thereof to refuse to admit to and recovery therefrom are,for all
bers*
of the state and which shall tend membership any applicant,to ex- job-related purposes, temporary
[State Law Ref. Iowa Code Sec. to minimize or eliminate discrimi- disabilities and shall be treated as
216.31 (Ord. 3377, 3-5-96; Ord. No. nation in public accommodations, I del any member, or to otherwise such under any health or tempo-
3943,2-19-08) employment, apprenticeship and discriminate against any appli- rary disability insurance or sick
Sec 14A.COMPENSATION AND EX- on-the-job training programs, vo- cant for membership or any mem- leave plan available in connection
PENSES cational schools, or housing be- f ber in the privileges, rights, or with employment.Written and un-
The members of the Commission, III cause of race, creed, color, sex, � benefits t such membership ol- written employment policies and
the investigation and Conciliation national origin, religion, ancestry, I , , s , the age,race,creed,col- practices involving matters such
or, sex, national origin, religion,
Officers and the persons on the i disability, sexual orientation or as the commencement and dura-
hearing officer panel shall serve gender identity. disability, sexual orientation or
without salary, wages or other (Ord.3128,5-28.91) gender identity of such applicant tins of leave,the availability io ex-
without member. � tensions, the accrual of seniority
compensation provided that they (7) To prepare and transmit to the
may receive reimbursement for Mayor and City Council from time (c) Employer, employment ages- and other benefits and privileges,
actual and necessary expenses in cy,labor organization, or the ern- reinstatement, and Payment un-
to time, but not less often than ployees, agents, or members der any health or temporary disa-
curred as allowed by the City once each year, reports describ- bility insurance or sick leave plan,
Council pursuant to such proce- ing its proceedings, investiga- thereof to directly or indirectly ad- formal or informal, shall be ap-
dures and policies for the reim tions,hearings conducted and the vertise or in any other manner in plied to a disability due to the em-
bursement of expenses as shall dicate or publicize that ie,ra u-
outcome thereof, decisions ren- � als of any particular age, race, ployee's pregnancy or giving
be established by the City of dered, and the other work per- I creed, Color, sex, national origin, birth,on the same terms and con-
Ames from time to time. I formed by the commission. ireligion,disability,sexual orienta-
[State Law Ref. Iowa Code Sec. (8) To make recommendations to e t em as they are applied to oth-
2 6.4](Ord.3377,3-5-%) tins or gender identity are unwel- er temporary disabilities. IL
j the Mayor and City Council for I come,objectionable, not accepta- (c) Disabilities caused or contribi
such ', Ahc; legislation concern-
sexual orientation or gender iden-
zens of uted to by legal abortion and re- tity when such qualifications are affectsthelgeneralwelfarete and dversely
covery therefrom are, for all job- related to a bona fide religious <2) To discriminate against any
related purposes,temporary disa- person because of the person's
bilities and shall be treated as purpose. A religious qualification clares that etes the Policy lof this race, color, creed, sex, religion,
such under any temporary did as for instructional personnel or an state to correct and,as rapidly as national origin, disability, familial
such
or sick leave plan available i- administrative officer,serving in a status, sexual orientation or gen.
ityconnection with employment. supervisory capacity of a bona tort wage P alcticestbased on age, der identity in the terms, condi-
Written and unwritten employ- fide religious educational facility race,creed,color,sex,sexual ori- tions or privileges of the sale,
or religious institution, shall be entation,gender identity,national rental, lease assignment or sub-
resumed policies, and practices in- presumed to be a bona fide occu
volving matters such as the com- pational qualification. origin,religion,and disability. lease c any real property or part,
mencement and duration of leave, [State Law Ref. Iowa Code Sec. (2)(a) It shall be an unfair or dis- ing accommodation or any Part,
the availability of extensions, the [St 6] (Ord. 3118, 5-28-91; Ord. criminatory practice for any em- portion or interest in the real
accrual of seniority and other 3377,3-5-96) ployer or agent of any employer to property or housing accommoda-
benefits and privileges, reinstate- Sec 14.7. UNFAIR PRACTICES- discriminate against any employ- tion or in the provision of services
ment, and payment under any ACCOMMODATIONS OR SERVICES. ee because of the age, race, or facilities in connection with the
temporary disability insurance or I (1) It shall bean unfair or discrimi- creed, color, sex, sexual orienta- real property or housing accom-
sick leave plan, formal or infor- natory practice for any owner,les- tion,gender identity, national ori- modation.
mal,shall be applied to a disabili- see, sublessee, proprietor, man- gin, religion, or disability of such (Ord.3128, 5-18-91; Ord.3377,3-5-
ty due to legal abortion on the ager, or superintendent of any employee by Paying wages to 96)
same terms and conditions as public accommodation or any such employee at a rate less than For purposes of this section,"per-
they are applied to other tempo- agent or employee thereof: the rate paid to other employees son"means one or more individu-
rary disabilities. The employer (a)To refuse or deny to any per- who are employed within the als, corporations, partnerships,
may elect to exclude health insur- son because of race,creed,color, same establishment for equal associations, labor organizations,
ance coverage for abortion from a sex,national origin,religion,disa- work on jobs,the performance of legal representatives, mutual
which requires equal skill, effort, companies,joint stock companies,
plan provided by the employer, bility,sexual orientation or gender
except where the life of the moth- identity the accommodations, ad- and responsibility, and which are trusts, unincorporated organiza-
er would be endangered if the fe- vantages, facilities, services, or performed under similar working tions, trustees, trustees in cases
tus were carried to term or where privileges thereof,or otherwise to conditions. An employer or agent under Title 11 of the United States
medical complications have aris- discriminate against any person of an employer who is paying Code,receivers,and fiduciaries.
en from an abortion. because of race,creed,color,sex, wages to an employee at a rate (Ord.3377,3-5-96)
(d)An employer shall not termi- national origin,religion,disability, less than the rate paid to other (3) To directly or indirectly adver-
nate the employment of a person sexual orientation or gender iden- employees in violation of this sec- tise,or in any other manner indi-
disabled by pregnancy because of Itity in the furnishing of such ac- tion shall not remedy the violation cate or publicize that the pur-
the employee's pregnancy. commodations,advantages,facili- by reducing the wage rate of any chase, rental, lease, assignment,
(e) Where a leave is not available ties,services,or privileges. employee. or sublease of any real property or
or a sufficient leave is not availa. (b)To directly or indirectly adver- (b) For purposes of this subsec- housing accommodation or any
ble under any health or temporary tise or in any other manner indi- tion, an unfair or discriminatory part, portion or interest thereof,
disability insurance or sick leave I cate or publicize that the patron- practice occurs when a discrimi- by persons of any particular race,
plan available in connection with i age of persons of any particular natory pay decision or other prat- color,creed,sex,religion,national
employment, the employer of the race, creed, color, sex, national tice is adopted,when an individu- origin, disability, familial status,
pregnant employee shall not re- origin, religion, disability, sexual al becomes subject to a discrimi- sexual orientation or gender iden-
fuse to grant to the employee who orientation or gender identity is natory pay decision or other prat- tity is unwelcome, objectionable,
is disabled by the pregnancy a unwelcome,objectionable, not ac- tice, or when an individual is af- not acceptable or not solicited.
leave of absence if the leave of ceptable,or not solicited. fected by application of a discrim- (Ord.3128,5-28-91)
absence is for the period that the (Ord.3128,5-28-91) inatory pay decision or other (4) To discriminate against the les-
employee is disabled because of (2) This section shall not apply to: practice,in each time wag- see or purchaser of any real prop-
the employee's pregnancy, child- (a) Any bona fide religious institu- es, benefits, or other compensa- erty or housing accommodation
birth, or related medical condi- tion with respect to any qualifica- tion is paid, resulting in whole or or part, portion or interest of the
tions,or for eight weeks,whichev. tions the institution may impose in Part from such a decision or real property or housing accom-
er is less.However,the employee based on religion when such qual- I other practice. modation,or against any Prospec-
must provide timely notice of the ifications are related to a bona I (3) It shall be an affirmative de- tive lessee or purchaser of the
period of leave requested and the fide religious purpose. Tense to a claim arising under this property or accommodation, be-
employer must approve any (b)The rental or leasing to transi- I section if any of the following ap- cause of the race,color,creed,re-
change in the period requested i ent individuals of less than six plies: ligion,sex,disability,age,national
before the change is effective.Be- I rooms within a single housing ac- (a) Payment of wages is made origin, sexual orientation or gen-
fore granting the leave of ab. commodation by the occupant or pursuant to a seniority system. der identity of persons who may
sence, the employer may require owner of such housing accommo- (b) Payment of wages i5 made from time to time be present in or
that the employee's disability re- dation if the occupant or owner or pursuant to a merit system. on the lessee's or owner's Prem-
sulting from pregnancy be veri- members of the owner's family re- (c) Payment of wages is made ises for lawful purposes at the in-
fied by medical certification stat- side therein. pursuant to a system which meas- vitation of the lessee or owner as
ing that the employee is not able [State Law Ref. Iowa Code Sec. ures earnings by quantity or quali- friends, guests, visitors, relatives
to reasonably perform the duties 216.7](Ord.3377,3-5-96) ty of production. or in any similar capacity.
of employment. Sec 14.8. ADDITIONAL UNFAIR OR (d) Pay differential is based on (Ord.3128,5-28-91)
(3) This section shall not prohibit DISCRIMINATORY PRACTICE - any other factor other than the [State Law Ref. Iowa Code Sec.
discrimination on the basis of age WAGE DISCRIMINATION IN EM- age,race,creed,color,sex,sexual 216.8] (Ord.No.3123,3-26-91; Ord.
if the person subject to the dis- PLOYMENT. orientation, gender identity, na- 3377,3-5-96)
crimination is under the age of (1)(a) The general assembly tional origin,religion,or disability Sec. 14.9A. ADDITIONAL UNFAIR
eighteen years,unless that person finds that the practice of discrimi- of such employee. OR DISCRIMINATORY PRACTICES -
is considered by law to be an nating against any employee be- (4) This section shall not apply to HOUSING.
adult. cause of the age,race,creed,col- any employer who regularly em- (1) A person shall not induce or at-
(4) Notwithstanding the provi- or,sex,sexual orientation,gender ploys less than four individuals. tempt to induce another person to
sions of this section, a city,state identity, national origin, religion, For purposes of this subsection, sell or rent a dwelling by repre-
or federal program designed to or disability of such employee by individuals who are members of sentations regarding the entry or
benefit a Specific age classifica- paying wages to such employee at the employer's family shall not be prospective entry into a neighbor-
tion which serves a bona fide pub- a rate less than the rate Paid to counted. hood of a person of a particular
lit Purpose shall be permissible. other employees does all of the [State Law Ref. Iowa Code Sec. race, color, creed, sex, religion,
(5) This section shall not apply to following: 216.6A] national origin, disability, familial
age discrimination in bona fide 1. Unjustly discriminates against Sec.14.9.UNFAIR OR DISCRIMINA- status, sexual orientation or gen-
der employment pro- the person receiving the lesser it shall
PRACTICES-HOUSING. (2)r A pe son shall not represent
grams if the employee is over rate. It shall be an unfair or discrimina-
forty-five Years of age. 2.Leads to low employee morale, tort practice for any person,own- to a person of a particular race,
(6) This section shall not apply to: high turnover, and frequent labor er,or person acting for an owner, color,creed,sex,religion,national
(a) Any employer who regularly unrest. of rights to housing or real proper. origin, disability, familial status,
employs less than four individu- 3.Discourages employees paid at ty,with or without compensation, sexual orientation or gender iden-
als. For purposes of this subsec- lesser wage rates from training including but not limited to per- tity that a dwelling is not available
Lion,individuals who are members for higher level jobs. sons licensed as real estate brok- for inspection,sale or rental when
of the employer's family shall not 4.Curtails employment opportuni- I' ers or salespersons, attorneys, the dwelling is available for in
be counted as employees. ties,decreases employees'mobili- auctioneers, agents or represen- spection,sale,or rental.
(b)The employment of individu- ty,and increases labor costs. tatives by Power of attorney or (3)(a) A person shall not discrimi
(b) for work within the home of 5. Impairs purchasing power and appointment,or any person acting nate in the sale or rental or other-
the employer if the employer or threatens the maintenance of an under court order, deed of trust, wise make unavailable or deny a
family members reside therein adequate standard of living by or will: dwelling to a buyer or renter be-
during such employment. such employees and their fami- (1) To refuse to sell,rent,lease,as- cause of a disability of any of the
du The employment of individu- lies. sign or sublease any real property following persons:
als to render Personal service to 6.Prevents optimum utilization of or housing accommodation or 1.That buyer or renter.
the person of the employer or the state's available labor resour- part,portion or interest therein,to 2.A person residing in or intend-
members of the employer's fami- ces. any person because of the race, ing to reside in that dwelling after
7.Threatens the well-being of cite- color,creed,sex,religion,national it is sold, rented, or made availa-
I ly.(d) Any bona fide religious institu- origin, disability, familial status, ble.
(ion n its educational facility, u- sexual orientation or gender iden- 3. A person associated with that
as-
sociation, corporation or society tity of such person. buyer or renter.
with respect to any qualifications (Ord.3128, 5-28-91; Ord.3377, 3-5-
for employment based on religion, I 96)
(4)(a) A person whose business
na A person shall not rson In It shall be an unfair or discrimina-
includes engaging in residential
Hate against another person in tory practice for any: (2) The rental or leasing of a
real estate related transactions
the terms, conditions, a welleg-ing (1) Creditor to refuse to enter into dwelling in a building which con-
shall not discriminate against a
es Of sale ro rental f a dwelling person in making a residential re- a consumer credit transaction or tains housing accommodations
or in the provision of services or impose finance charges or other for not more than two families liv-
al estate related transaction avail-
facilities in connection with the able or in terms or conditions of a terms or conditions more onerous ing independently of each other,if
dwelling because of a disability of residential real estate related than those regularly extended by the owner resides in one of such
any a the following persons: that creditor c consumers s sim- housing accommodations.
transaction because of race, col-
t.That person. filar economic backgrounds be- (3) The rental or leasing of less
or, creed, sex, religion, national
2.A person residing in or intend- cause of age,color,creed,nation• than four rooms within a single
origin, disability, familial status,
ing to reside in that dwelling after al origin,gl n, race, religion, marital dwelling by the Occupant Or own-
sexual orientation or gender iden-
it is sold, rented, or made availa- tits. status, sex, physical disability, er of the dwelling, if the occupant
ble. familial status, sexual orientation or owner resides therein.
(io For the purpose of this e relat-
3. Aperson associated with that or gender identity. (4) Discrimination on the basis of
person. edt "residential real estate of
(2) person authorized or licensed ed transaction" means any of the familial status involving dwellings
(c) For the purposes Of this Sub- t0 d0 business in this State Pur- provided under any state orfeder-
following:
section only, discrimination in- suant to Chapter 524, 533, 536, or al program specifically designed
1. To make or purchase loans or
cumst any of the following cir- 536A, Code of Iowa, to refuse to and operated to assist elderly per-
provide other financial assistance
1. A refusal
loan or extend credit or to impose sons, as defined in the state or
to purchase, construct, improve,
1. A refusal di permit, r the ex- terms or conditions more onerous federal program that the commis-
repair, Or maintain d dwelling, Or
sense of the disabled person,rea- than those regularly extended to sion determines to be consistent
to secure residential real estate.
sonable modifications of existing Persons of similar economic back- with determinations made by the
2.To sell,broker,or appraise resi-
premises occupied Or to be if cu- grounds because of age, color, United States secretary of housing
dential real estate.
Pied by the person if the modifica- creed, national origin, race, reli- and urban development, and
(5) Aperson shall not deny anoth-
tipns are necessary to afford the er person access to, or member- Sion, marital status, sex, physical housing for older persons.
person full enjoyment of the disability, familial status, sexual As used in this subsection,"hous-
ship or participation in, a multi orientation orientation t gender identity. ing for older persons" means
Pie-listing service, real estate
In the case Of a rental,a landlord (3) Creditor to refuse to offer cued- housing communities consisting
brokers' organization or other
may, where reasonable to do so, service, organization, or facility it life or health and accident insur- of dwellings intended for either of
condition permission for a modifi- ance because of color, creed, na. the following:
relating to the business of selling
cation re the renter's agreement tional origin,race,religion,marital (a) For eighty percent occupancy
or renting dwellings, or discrimi-
to restore the interior of the prem- status, age, physical disability, by at least one person fifty-five
i Hate against a person in terms or
ises to the condition that existed sex, familial status, sexual orien- years of age or older per unit,and
conditions of access, member-
before the modification, reasona- tation or gender identity. Refusal providing significant facilities and
ship, or participation in such or-
ble wear and tear excepted. ganization because of race,color, by a creditor to offer credit life or services specifically designed to
2. A refusal to make reasonable health and accident insurance meet the Physical or social needs
accommodations in rules, poli- creed, sex, religion, national ori- based upon the age or
cies, practices, or services, when gin,disability,familial status,sex- disability of the consumer Physical s of the persons and the housing fa-
the accommodations are necessa- ual orientation or gender identity. cility must publish and adhere to
j th to afford the person equal sa- [State Law Ref. Iowa Code Sec. not be an unfair or discriminatory
.SA](Ord.3377,3-5-96) Practice i f such denial is based Policies and Procedures which
216
portunity to use and enjoy a solely u o demonstrate an intent by the
dwelling. Sec. 14.10. UNFAIR OR DISCRIMI- P n bona fide underwrit- owner or manager to provide
NATORY PRACTICES-EDUCATION. ing considerations not prohibited
3. In connection with the design by title XIII,Subtitle 1. housing for persons fifty-five
and construction of covered multi- It shall c an unfair or disc educational
The years of age or older.
family dwellings for first occupan- tors practice for any educational Provisions ue this section (b) For and occupied solely by per-
institution to discriminate on the shall not be construed by negative
to after January 1, 1992,a failure basis of race,creed,color,sex,na- implication or otherwise to nar- sons sixty-two years of age or old-
to design and construct those er.
dwellings in a manner that meets tional origin, religion, disability, row or restrict any other provi-
the following requirements: sexual orientation or gender iden- sions of this chapter. (5) The rental or leasing of a hous-
tity in any program or activity. [State Law Ref. Iowa Code Sec. ing accommodation in a building
a.The public use and common use 216.10] (Ord. 3123, 3-26.91;Ord. which contains housing accom-
Such discriminatory practices modations for not more than four
portions si the dwellings are read- shall include but not be limited to 3377,3-5-96) families living independently of
ily accessible to and usable by Sec.14.12.AIDING OR ABETTING.
disabled Persons. the following practices: It shall be an unfair or discrimina-
each other,if the owner resides in
(1) Exclusion of a person or per- one of the housing accommoda-
b.All doors designed to allow pas- tort'practice for:
sage into and within all premises sons from participation in, denial
within the dwellings are suffi- of the benefits of, or subject to aid,
Any Person to intentionally ties for which the owner credqualit
wide to allow passage by discrimination in any academic, aid, abet, compel, or coerce an- fies for the homestead tax credit
disabled persons in wheelchairs. extracurricular, research, occupa- other person to engage in any of under section 425.1,Code of Iowa.
c. All premises within the dwell- tional training or other program or the practices declared unfair or The exceptions to the require-
ings contain the following fea- activity except athletic programs; discriminatory by this chapter. meets of sections 14.8 and 14.8A
tures of adaptive design: (2) Denial of comparable opportu- (2) Any Person to discriminate n subsided ns dwellings Specified in
1. An accessible route into and nity in intramural and interscho- retaliate against another person subsections 2,3,and 5 do not ap-
through the dwelling. lastic athletic Programs; in any of the rights Protected Ply to advertising related to those
2. Ligat switches, electrical out. (3) Discrimination among persons against discrimination by this dwellings.
lets,thermostats, and other envi. in employment and the conditions chapter because such person has (6) Discrimination on the basis of
ronmental controls in accessible of employment; lawfully Opposed any practice for. sex involving the rental, leasing,
locations. (4) On the basis of sex,the appli- bidden under this chapter, obeys or subleasing of a dwelling within
3. Reinforcements in bathroom cation of any rule concerning the the provisions of this chapter, or which residents of both sexes
walls to allow later installation of actual or potential parental,fami- has filed a complaint,testified, or would be forced to share a com-
assisted in any proceeding under mon living area.
grab bars. ly or marital status of a person,or
4.Usable kitchens and bathrooms the exclusion of any person from this chapter. [State Law Ref. Iowa Code Sec.
any Program or activity or em- (Ord.3128,5-28-91) . (Ord.3377, )
so that a person in a wheelchair Se 1(State Law Ref. Iowa Code Sec. Sec. 4.13A.ADDITIONAL HOUSING
can maneuver about the space. ployment because of pregnancy 216.11](Ord.3377,3-5-96) EXCEPTION.
d. Compliance with the appropri- or related conditions dependent Sec.14.12A.INTERFERENCE, COER- Sections 14,8 and 14.8A do not
ate requirements of the American upon the physician's diagnosis CION,OR INTIMIDATION.
national standard for buildings and certification. prohibit a person engaged in the
and facilities providing accessibil- For the purpose of this section It shall , unlawful to coerce, in- business of furnishing appraisals
ity and usability for physically 'educational institution' includes with any threaten, or interfere of real estate from taking into
handicapped people, commonly any preschool,elementary,secon- with any person in the exercise Or consideration factors other than
enjoyment of, on account of the race, color, creed, sex, religion,
cited as "ANSI A 117.1", satisfies dary,or merged area school,area Person having exercised or en. national origin, disability, familial
the requirements of paragraph education agency, or postsecon- joyed,or on account of the person status, sexual orientation or gen-
(c), subparagraph "3", subpara- dary college or university and having aided or encouraged any der identity in appraising real es-
graph subdivision "c". Investiga- their governing boards. This sec- tate.
tion does not prohibit an educa- other person in the exercise a en-
tion of compliance with ANSI A joyment of, any right granted or !State Law Ref. Iowa Code Sec.
117.1 may be assisted by any ex tional institution from maintaining Protected by section 14.8,14.8A,or 216.12A1(Ord.3377,3-s-9s)
perts that the investigators can separate toilet facilities, locker 14.15A. Sec. 14.14. EXCEPTIONS FOR RE-
gain the assistance of.The City Of rooms or living facilities for the [State Law Ref. Iowa Code Sec. TIREMENT PLANS,ABORTION COV-
Ames Inspection Division shall as- different sexes so long as compa- 216.11A](Ord.3377,3-5.96) ERAGE, LIFE, DISABILITY, AND
Sist investigations when directed rable facilities are provided.Noth- Sec.14.13.EXCEPTIONS. HEALTH BENEFITS.
to do so by the city manager. ing in this section shall be con- The provisions of section 14.8 and The provisions of this chapter re-
e. Nothing in this subsection re. strued as prohibiting(1)any bona 14.8A shall not apply to: lating to discrimination because
quires that a dwelling be made i fide religious institution from im- (1) Any bona fide religious institu- of age do not apply to a retire-
available to a person whose ten- posing qualifications based on re- tion with respect to any qualifica- ment Plan or benefit system of an
ancy would constitute a direct i ligion when such qualifications tions it may impose based on reli- employer unless the plan or sys-
,sexual orientation,or gender tem is a mere subterfuge adopted
threat to the health or safety Of are related to a bona fide religious gion
other persons or whose tenancy purpose or(2)any institution from for the purpose of evading this
identity,when such qualifications
would result in substantial Physi- admitting students of only one are related to a bona fide religious chapter.
cal damage to the property of oth- sex. Purpose,unless the religious insti- (1) However,a retirement plan or
ers. [State L v Ref. Iowa Code,Sec. tution owns or operates Property benefit system shall not require
216.9] (U.,.. No.29K Sec. 1, 1-27- the involuntary retirement of a
87,Ord.3128,5-18-91;Ord.3377,3- for a commercial purpose or person under the age of seventy
5-96) membership in the religion is re- because of that person's age.This
Sec.14.11.UNFAIR CREW PRACTI- stricted on account Of race,color, TI
CES.
or national origin.
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 poli-
cymaking position and who is en-
titled to an immediate, nonfor-
feitable annual retirement benefit
from a pension, profit-sharing,
savings, or deferred compensa-
tion 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 Pub.L.No.95-256,sec-
tion 3.
(b)The involuntary retirement of
a person covered by a collective
bargaining agreement which was
entered into by a labor organiza-
tion and was in effect on Septem-
ber 1, 1977. This exemption does
not apply after the termination of
that agreement or January 1,1980,
whichever first occurs.
(2) A health insurance program
provided by an employer may ex-
clude coverage of abortion, ex-
cept where the life of the mother
would be endangered if the fetus
were carried to term or where
medical complications have aris-
en from an abortion.
(3) An employee welfare plan
may provide life, disability or
health insurance benefits which
vary by age based on actuarial
differences if the employer con-
tributes equally for all the partici-
pating employees or may provide
for employer contributions differ-
ing by age if the benefits for all
the participating employees do
not vary by age.
[State Law Ref. Iowa Code Sec.
216.131
Sec.14.15.PROMOTION OR TRANS-
FER.
After a person with a disability is
employed, the employer shall not
be required under this chapter to
promote or transfer the person to
another job or occupation, unless,
prior to the transfer, the person
with the disability, by training or
experience,is qualified for the job
or occupation. Any collective bar-
gaining agreement between an
employer and labor Organization
shall contain this section as part
of the agreement.
[State Law Ref. Iowa Code Sec.
216.141
Section Two. All ordinances, or
parts�_of ordinances, in conflict
herewith are hereby repealed to
the extent of such conflict,if any.
Section Three. This ordinance
shall be in full force and effect
from and after its passage and
publication as required by law.
Passed this 26th day of Nov.,2013.
Diane R.Voss,City Clerk
Ann H.Campbell
Published on Dec.18,2013 UT)