Chapter 9-32
EMPLOYMENT DISCRIMINATION
Sections:
9-32-010 Declaration of policy.
9-32-010 Declaration of policy.
It is declared to be the policy of the city in the exercise of its obligation for the protection of the public safety, the public health and the general welfare, for the maintenance of peace and good government and for the promotion of the city’s trade, commerce and manufactures, to promote and protect the opportunity and God given right of all persons to participate in the cultural, social and economic life of the city, free from restrictions because of race, color, religion, ancestry, age, national origin or place of birth. (Ord. 1975 § 1, 1973)
9-32-020 Scope.
This chapter applies to discriminatory practices of the city government and to industries and businesses within the purview of the city and shall be understood as including employment practices, performed within the city limits. (Ord. 1975 § 2, 1973)
9-32-030 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
“Commission” means the commission on human relations established in the office of the mayor by Ordinance Number 1661, Revised Ordinance Number 1877.
“Discrimination” or “discriminate” mean any difference in treatment based on race, color, religion, age, ancestry, national origin or place of birth. With respect to employment, these terms include segregation, classification or any other limitation upon an individual’s job opportunities, conditions of employment or membership in a labor organization.
“Employer” includes the city and any governmental agency as to which it may legislate, and every person who employs more than five employees exclusive of parents, spouse or children of such person, but it does not include fraternal, sectarian, charitable or religious organizations which are not supported in whole or in part by any governmental appropriations.
“Employment” does not apply to the employment of individuals to serve as domestic servants or in particular occupations or positions which the commission certifies to be exempt from the provisions of this chapter.
“Employment agency” includes every person who regularly undertakes in the city, with or without compensation, to procure opportunities for employment or to procure, recruit, refer or place employees.
“Labor organization” includes any organization which exists for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in relation to employment.
“Person” includes any individual, partnership, corporation, labor organization or other association, including those acting in fiduciary or representative capacity whether appointed by a court or otherwise. The term “person” as applied to partnerships, labor organizations or other associations includes their members and as applied to corporations includes their officers. (Ord. 1975 § 3, 1973)
9-32-040 Complaint—Procedure.
A. A complaint charging that any person has engaged or is engaging in any unlawful employment practice may be made by the commission itself, by an aggrieved individual, or by an organization which has as one of its purposes the combating of discrimination or the promotion of equal employment opportunities. A complaint must be filed with the commission within sixty (60) days after the alleged unlawful employment practice.
B. The commission shall make a prompt and full investigation of each complaint of an unlawful employment practice.
C. If the commission determines after investigation that probable cause exists for the allegations made in the complaint, it shall attempt to eliminate the unlawful employment practice charged in the complaint by means of conciliation and persuasion. The commission shall not make public the details of any conciliation proceedings, but it may publish the terms of conciliation when a complaint has been satisfactorily adjusted.
D. In case of failure to eliminate the unlawful employment practice charged in the complaint by means of conciliation or persuasion, the commission shall hold a public hearing to determine whether or not an unlawful employment practice has been committed. The commission shall serve upon the person charged with having engaged or engaging in the unlawful employment practice, hereinafter referred to as respondent, a statement of the charges made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than ten days after the service or the statement of charges. The respondent shall have the right to file an answer to the statement of charges, or to appear at the hearing in person.
E. If upon all the evidence presented, the commission finds that the person charged in the complaint has not engaged or is not engaging in any unlawful employment practice, it shall state its findings of fact and dismiss the complaint. If upon all the evidence presented the commission finds that the respondent has engaged or is engaging in an unlawful employment practice, it shall state its findings of fact and shall issue such order as the facts warrant. (Ord. 1975 § 4, 1973)