HomeMy WebLinkAbout077 - 04/21/1998 - REENACTING ARTICLE II OF CHAPTER 13 (DISCRIMINATION) OF THE CITY CODE AS IT EXISTED PRIOR TO ENACTME EMERGENCY ORDINANCE NO. 77, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REENACTING ARTICLE II OF CHAPTER 13 OF THE CITY CODE
AS IT EXISTED PRIOR TO THE ENACTMENT OF ORDINANCE NO. 21, 1998
WHEREAS, on March 3, 1998,the City Council adopted on second reading Ordinance No.
21, 1998, repealing and reenacting Article II of Chapter 13 of the City Code pertaining to Human
Relations; and
WHEREAS, on that same date, the City Council also adopted Ordinance No. 22, 1998,
amending portions of Article II of Chapter 13 of the City Code by adding sexual orientation as a
basis of discrimination; and
WHEREAS, on April 7, 1998, referendum petitions were filed with the office of the City
Clerk with regard to Ordinance No. 21, 1998 and Ordinance No. 22, 1998; and
WHEREAS, the City Clerk has certified said referendum petitions as sufficient for
referendum and has presented the same to the City Council; and
WHEREAS, said Section 2(e) of Article X of the City Charter provides that, following the
presentation to the Council of a referendum petition that has been certified by the City Clerk as
sufficient,the Council must reconsider the referred ordinance at the next regular special meeting of
the Council following the receipt of the petition and, at such meeting, repeal said ordinance or
submit the same to a vote of the registered electors at the next regular or special city election
scheduled for that or any other purpose; and
WHEREAS,Article X,Section 2(e)of the City Charter further provides that the presentation
to Council of a petition certified by the City Clerk as sufficient for referendum shall automatically
suspend the operation of the ordinance in question pending repeal by the Council or final
determination by the electors; and
WHEREAS, the City Council believes that the City should not be without a local anti-
discrimination ordinance pending the outcome of the referendum, and that Article II of Chapter 13
of the City Code should be reenacted as it existed prior to the enactment of Ordinance No. 21, 1998
and Ordinance No. 22, 1998, until such time, if at all, that Ordinance No. 21, 1998, is approved by
the voters; and
WHEREAS, under Section 6 of Article II of the City Charter, the City Council, upon the
affirmative vote of at least five (5) members of the Council, may enact an emergency ordinance as
necessary to protect the health, safety and welfare of its citizens, which ordinance shall take effect
immediately upon its passage; and
WHEREAS, the City Council believes that the enactment of an emergency ordinance to
reinstate the provisions of Article II, Chapter 13 of the City Code as the same existed prior to the
enactment of Ordinance No.21, 1998 is necessary and appropriate in order to avoid any lapse in the
existence of a local anti-discrimination ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Article 11 of Chapter 13 of the City Code, as the same existed
immediately prior to the going into effect of Ordinance No. 21, 1998 is hereby reenacted, as shown
on Exhibit "A," which is on file in the office of the City Clerk, and incorporated herein by this
reference ("the Reenacted Ordinance").
Section 2. That the Reenacted Ordinance shall remain in full force and effect until such
time, if at all,that Ordinance No. 21, 1998 is approved by the registered electors of the City or until
Article 11 of Chapter 13 of the City Code is further amended or repealed by the City Council.
Section 3. That the immediate adoption of this ordinance is necessary to preserve, protect
and advance the general welfare of the residents of the City of Fort Collins by ensuring the
continuing existence of a local anti-discrimination law,and that the Council hereby determines that
an emergency exists requiring the immediate passage of this ordinance.
Section 4. That,for the foregoing reasons,this ordinance is enacted pursuant to Section
8 of Article II of the Charter of the City of Fort Collins as an emergency ordinance,and that the same
shall be immediately effective upon its passage.
Introduced, considered favorably by seven (7) members of the Council of the City of Fort
Collins and finally passed as an emergency ordinance and ordered publi§bod-this 21 st day of April,
A.D. 1998.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
HUMAN RELATIONS § 13-16
ARTICLE I. IN GENERAL following sense or meaning and at the same time
save repeated use of the term based upon or be-
Secs. 13-1-13-15. Reserved. cause of the race, color, religion, national origin,
sex or marital status of the other person, or be-
cause of the race, color, religion, national origin,
ARTICLE II. DISCRIMINATION• sex or marital status of such other person's friends
or associates. The foregoing terms will include
Sec. 13-16. Definitions. the phrase age between forty (40) and seventy(70)
when used in the area of employment under §
The following words, terms and phrases, when 13-17. The foregoing shall include discrimination
used in this Article, shall have the meanings as- against a disabled individual, as defined herein,
cribed to them in this Section: when used in the areas of housing under § 13-18,
City Manager shall mean the chief administra- employment under § 13-17 and public accommo-
tive official of the city including any person ap- dations under § 13-19 of the Code.
pointed or designated by the City Manager to Employer shall mean any person employing any
carry out any or all of the duties, obligations, person in any capacity other than domestic ser-
rights and powers appointed to the City Manager vice in the employer's own home.
under this Article.
Employment shall mean any character of ser-
Complainant shall mean the person filing a for- vice rendered or to be rendered for wages, salary,
mal charge or accusation of violation of this Article. commission or other form of remuneration, and to
use or engage any character of service rendered
Developmental disability shall mean a rebr al l- or to be rendered for wages, salary, commission
ity attributable to mental retardation, cerebral or other form of remuneration.
palsy or epilepsy.
Employment agency shall mean any person un-
Disabled individual shall mean any person who dertaking, with or without compensation, to pro-
has, has had or is regarded as having a physical cure employees or opportunities to work for any
impairment or is developmentally disabled, as de- person or holding itself out as equipped to do so.
fined herein, from a physiological or neurological
condition which prevents the exercise of a normal Person shall mean any individual, group, asso-
physical function. In reference to employment, ciation, corporation, joint apprenticeship, commit-
disabled individual means a disabled individual tee,joint stock company, labor union,legal repre-
as defined herein who is capable of performing a sentative, mutual company, partnership, receiv-
particular job,with reasonable accommodation to er, trustee or unincorporated organization or other
his or her disability, at the level of productivity legal,commercial or governmental entity but shall
applicable to a nondisabled employee. not include an agency or school district of the
State of Colorado or an agency of the United States
Discriminate and discriminate against; discrimi- of America.
natory reason or reason of discrimination shall
mean under the given circumstances, a person Place of public accommodations shall mean any
makes a limitation or specification as to another place of business engaged in any sales to the gen-
because of the latter person's race,color,religion, eral public and any place that offers services,
national origin, sex or marital status or because facilities, privileges or advantages to the general
of the race, color, religion, national origin, sex or public or that receives financial support through
marital status of the other person's friends or solicitation of the general public or through gov-
associates.The term discriminatory reason or rea- ernmental subsidy of any kind.
son of discrimination may be used to have the Real estate transaction shall mean the sale, ex-
Cross references—The Commission on Disability, § 2-166 change, rental or lease of any real property and
el seq.;Commission on the Status of Women, § 2-181 et seq.;
also includes offering or listing of any real prop-
Human Relations Commission,§2-261 et seq. erty for sale, exchange, rental or lease.
Supp.No.5
879
§ 13-16 FORT COLLINS CODE
Respondent shall mean the person being for- ment practice for any employer, employment agency
mally charged with a violation of this Article. or labor organization prior to employment or ad-
(Code 1972, § 45-1;Ord.No. 105, 1988, § 1,8-16-88) mission to membership to:
Cross reference—Definitions and rules of construction gen-
erally, § 1-2. (1) Elicit any information for the purpose of
discrimination against any applicant for em-
Sec. 13-17. Discriminatory employment prac- ployment or membership;
tices prohibited. (2) Make or keep a record for the purpose of
(a) It is a discriminatory employment practice discrimination against any applicant for em-
and a violation of this Section for: ployment or membership;
(1) Any employer, because of discriminatory (3) Use any form of application for employment
or personnel or membership blank seeking
reason, to refuse to hire another or other- to elicit information for the purpose of
wise to discriminate against any person with discrimination;
respect to the hire, tenure, terms, condi-
tions or privileges of employment or any (4) Print or publish or cause to be printed or
matter directly or indirectly related to em- published any notice or advertisement re-
ployment except where based upon a bona lating to employment or membership indi-
fide occupational qualification; cating any preference, limitation or speci-
fication based on a discriminatory reason;
(2) Any employment agency to fail or refuse to
classify properly, refer for employment or (5) Establish, announce or follow a policy of
otherwise to discriminate against any per- denying or limiting through a quota sys-
son relating to employment or prospective tem or otherwise employment or member-
employment; ship opportunities of any group because of
a discriminatory reason;
(3) Any labor organization to discriminate
against any person or to limit, segregate or (6) Utilize in the recruitment or hiring l in-
against its membership in any way which meet ter any employment agency, place-
would tend to deprive any person of em- merit service,training school or center,labor
ployment opportunities or would limit the organization or any other employee refer-
employment opportunities or otherwise ad- ring service known by such person to
versely affect the status as an employee or discriminate;
as an applicant for employment or would (7) Intentionally utilize in the recruitment,hir-
adversely affect the wages, hours or em- ing, upgrading or promotion of any person
ployment terms, conditions or privileges be- any test which tends to discriminate; pro-
cause of a discriminatory reason; vided, however, that it shall not be a dis-
(4) Any person to use a threat communicated
criminatory practice to have programs which
either by physical,oral or written means of provide opportunities for persons who have
been the traditional targets of discrimina-
harm or injury to another person, reputa- tion or to use a form or make a record of
tion or property to coerce such a person to
not accept or discontinue employment; inquiry as above described for the purpose
of required governmental reporting. This
(5) Any person seeking employment to publish subsection shall not be construed to pro-
or cause to be published any advertisement h:bit a person giving or being required to
for employment with specification or limi- give the person's name.
tation based upon a discriminatory reason.
(c) The provisions of this section shall not apply
(b) Except where based on a bona fide occupa- to prohibit a religious organization or institution
tional qualification, it is a discriminatory employ- from restricting employment opportunities and
Supp.No.5
880
HUMAN RELATIONS § 13-18
advertising such restrictions so as to give prefer- tunities for persons who have been the tra-
ence to members of its own religion or denomina- ditional targets of discrimination or to use
tion or to make such selection as is reasonably a form or make a record of inquiry as above
calculated by such organization or institution to described for the purpose of required gov-
promote the religious principles for which it is ernmental reporting. This subsection shall
established or maintained, not be construed so as to prohibit a person
(Code 1972, § 45-3; Ord. No. 105, 1988, §§ 2, 3, giving or being required to give the per-
8-16-88) son's name;
Cross references—The Commission on Disability, §2-166
et seq.;Commission on the Status of Women, § 2-181 et seq.; (3) Offer, solicit, accept, use or retain a listing
Human Relations Commission, §2-261 et seq. of real property with the understanding that
a person may be discriminated against in a
Sec. 13.18. Discriminatory housing practices real estate transaction, or in the furnish-
prohibited;exemptions. ing of facilities or services in connection
therewith;
(a) No person for any reason of discrimination (4) Initiate, instigate or participate in repre-
shall:
sentations, advertisements or contacts within
(1) Refuse to negotiate for and/or engage in a a block, neighborhood or area designed to
real estate transaction with another person; promote real estate transactions therein on
the implication directly or indirectly that
(2) Discriminate against another person in the changes have occurred or will or may occur
terms, conditions or privileges of a real es- in the composition thereof with respect to
tate transaction or in the furnishing of fa- discrimination against the owners or occu-
cilities or services in connection therewith; pants, or that such changes will or may
(3) Refuse to receive from or fail to transmit to result in lowering of property values or an
another person a bona fide offer to engage increase in criminal or antisocial behavior
in a real estate transaction; or decline in the quality of schools in the
block, neighborhood or area.
(4) Represent to another person that any real
property is not available for inspection or (c) A person or a representative of such person
for a real estate transaction when in fact it to whom application is made for financial assis-
is available; Lance in connection with a real estate transac-
tion, or for the construction, rehabilitation, re-
(5) Fail, in the ordinary course of business, to pair, maintenance or improvement of real property,
_bring a property listing to another person's shall not:
attention or to refuse to permit him to in-
spect real property under reasonable condi- 1 1) Discriminate against the applicant;
tions. (2) Use a form of application for financial as-
(b) No person shall: sistance or make or keep a record of in-
quiry in connection with applications for
(1) Publish or advertise, directly or indirectly, financial assistance, for the purpose of mak-
an intent to make a limitation or specifica- ing a limitation or specification based on a
tion based on a discriminatory reason; discriminatory reason. It shall not be a dis-
(2) Use a form of application for a real estate criminatory practice to have programs which
transaction, or make a record of inquiry in provide opportunities for persons who have
connection with a real estate transaction, been the traditional targets of discrimina-
for the purpose of making a limitation or tion or to use a form or make a record of
specification based on a discriminatory rea- inquiry as above described for the purpose
son. It shall not be a discriminatory prat- of required governmental reporting. This
tice to have programs which provide oppor- subsection shall not be construed so as to
Supp.No.12
881
§ 13-18 FORT COLLINS CODE:
prohibit a person giving or being required (2) Uae a threat communicated either by phys-
to give the person's name. ical, oral or written means of harm or in-
(d) No person for a reason of discrimination jury to another person, reputation or prop-
shall: erty to coerce such person to not utilize a
place of public accommodation;
W Provide unequal terms, conditions, privileges
and services to another person in regard to (3) Advertise or cause to be advertised a place
real estate ownership, rental or leasing; of public accommodation as being restricted
t2) Use a threat communicated either by phys- on the basis of discriminatory reason.
ical, oral or written means of harm or in-
jury to another person, reputation or prop- �) The provisions of this Section shall not apply
rty to coerce such person not buy, rent to prohibit a religious organization or institution
e r lease, or to discontinue ownership, rental from restricting the use of its facilities and adver-
or leasing real estate. tising such restrictions, thereby discriminating
against certain persons so as to give preference to
(e) The following exemptions shall apply to the members of its own religion or denomination or
provisions of this Section: to make such selection as is reasonably calculated
(1) The owner of an owner-occupied single-family by such organization or institution to promote the
or two-family dwelling or housing facility religious principles for which it is established or
may restrict occupancy of such facility on maintained.
the basis of the sex of the proposed occu-
agent (c; Notwithstanding any other provisions of this
pant, and such owner or authorized
can effectuate said restrictions adverbs- person
it is not a discriminatory practice for a
ing or otherwise arranging for the occupancy person to restrict admission to a place of public
Of the dwelling. accommodation to individuals of one sex if such
restriction has a bona fide relationship to the
(2) A religious organization or institution may goods, services, facilities, privileges, advantages
restrict its facilities or housing which are or accommodations of such place of public accom-
operated in connection with its religious modation.
activities and may advertise such restric- (Code 1972, § 45-4; Ord. No. 105, 1988, §§ 5, 6,
tions so as to give preference to members of 8-16-88; Ord. No. 42, 1990, § 1, 5-1-90)
its own religion or denomination or to make Cross references—The Commission on Disability, §2-166
such selection as is reasonably calculated et seq.; Commission on the Status of Women, § 2-181 et seq.;
by such organization or institution to pro- Human Relations Commission, § 2-261 et seq.
mote the religious principles for which it is
established or maintained. Sec. 13-20. Interference with operation of regu-
(Code 1972, § 45-2;Ord. No. 105, 1988, § 4,8-16-88) lations prohibited.
Cross references—The Commission on Disability, §2-166
et seq.; Commission on the Status of Women, § 2-181 et seq.; (a) No person shall:
Human Relations Commission, §2-261 et seq.
(1) Use a threat communicated either by phys-
Sec. 13-19. Discriminatory public accommo- ical, oral or written means of harm or in-
dation practices prohibited. ury to another person, reputation or prop-
rty or discriminate against any person or
(a) It shall be prohibited as a discriminatory provide unequal terms, conditions or privi-
practice for any person to: leges because that person has entered into
(1) Deny or limit access to a place of public i conciliation agreement under this Arti-
accommodation or provide unequal terms, ale or because such other person has op-
conditions or privileges to a person because posed a discriminatory practice or because
of a discriminatory reason; -uch person has made a charge, filed a com-
Supp.No.12
882
HUMAN RELATIONS § 13-23
plaint, testified, assisted or participated in addition, the complaint shall state, if and as sp-
an investigation, proceedings or hearing be- plicable, that any acts or conduct of the com-
fore anybody charged by law with the duty plainant were for the purpose of accomplishing
to hear complaints relating to problems of the real estate transaction, employment objective
discrimination; or public accommodation use in question, and not
for the purpose of harassment or entrapment of
(2) Use a threat communicated by physical, the person against whom the complaint is made.
oral or written means of harm or injury to
another person, reputation or property to (b) The complaint must state:
coerce such person to engage in a discrimi- (1) Whether or not a complaint concerning this
natory practice or other violation of this same matter has been filed with another
Article; agency;
(3) Willfully obstruct, hinder or interfere with (2) Whether any complaint concerning this same
the performance or the proper exercise of a matter that has been filed with another
duty, obligation. right or power by the City agency has been dismissed without a final
Manager, the M. _.icipal Court or any other
official or body with duties,obligations,rights, judgment on the merits.
and powers under this Article. (c) Upon receiving a complaint which conforms
(b) A complaint for a violation of this Section to the requirements of this Section,the City Man-
ager may proceed with a local investigation pur-
shall be processed in accordance with §§ 13-22 suant to this Article. In the alternative, the City
through 13-25. Manager may request that the complaint be in-
(Code 1972, § 45-5) vestigated, conciliated and fully determined by
Cross references—The Commission on Disability, §2-166 the State of Colorado in accordance with the pro-
et seq.;Commission on the Status of Women, § 2-181 et seq.
visions of Title 24, Article 34, Parts 3 through 7,
C.R.S. If the City Manager's request is accepted
Sec. 13-21. Appointment of enforcing official. by the state or if a complaint concerning the same
subject matter has been previously filed by the
A person may be appointed or designated by complainant with the Colorado Civil Rights Com-
the City Manager to carry out any or all of the mission or another public agency, the City Man-
duties, obligations, rights or powers under the ager shall hold the city's investigation in abey-
provisions of this Article. Such appointee shall ante pending further action by the commission or
have such job titles as designated by the City other agency. If such other agency makes a final
Manager.
(Code 1972, § 45-6) judgment on the merits, the City Manager shall
dismiss the complaint filed with the city. If such
other agency dismisses the complaint without a
Sec. 13-22. Complaint. final judgment on the merits or waives jurisdic-
tion, the City Manager shall proceed with an in-
(a) Any person claiming to be aggrieved by a vestigation pursuant to the provisions of§ 13-23.
violation of this Article may,within sixty(60)days In any event, the City Manager shall furnish a
of the alleged violation, or thirty (30) days after copy of the complaint to the respondent within
any complaint concerning the same matter has ten (10) days after the complaint is filed with the
been dismissed by another agency without a final city.
judgment on the merits,whichever shall last occur, (Code 1972, § 45-7(A); Ord. No. 42, 1990, §§ 2, 3,
file a written complaint under oath with the City 5-1-90)
Manager. The complaint shall contain the name Sec. 13-23. Investigation by City Manager;
of the alleged violator, or set forth facts sufficient appeal.
to identify such person, and include an outline of
the material facts upon which the complaint is (a) The City Manager shall promptly conduct a
based and the date of the alleged violation. In preliminary investigation to determine whether
Supp.No.12
883
§ 13-23 FORT COLLINS CODE
the factual allegations of the complaint consti- that a violation has occurred, he or she shall en-
tute probable cause to believe that there has been deavor to eliminate the alleged violation by Ion-
a violation of this Article. ference, conciliation and persuasion. The City Man-
ager is authorized to work toward conciliation
(b) If at any time the City Manager determines agreements whereunder the alleged violation is
that the factual allegations of a complaint are eliminated and the complaining person is made
materially untrue or, if true,that a violation under ehole at the extent possible.
this Article cannot be established, he or shall
shall dismiss the complaint and notify the com- (b) Neither the complaint nor information gath-
plainant and the respondent of such action,which ered in the investigation shall be made public by
notice shall inform the complainant of the follow- the city or any officer, employee, board or com-
ing right of appeal. If the complainant is dissatis- mission thereof prior to the time a conciliation is
Pied with the City Manager's decision to dismiss reached or the City Manager determines that he
the complaint, the complainant shall have the or she is unable to effectuate a conciliation, un-
right to appeal such decision to the Human Rela- less the disclosure is made in connection with the
tions Commission. Such appeal shall be perfected conduct of the investigation or at a public hearing
by filing a notice of appeal with the City Manager held pursuant to § 13-23(b), above.
within thirty (30) days of the complainant's re- (c) If such an agreement is reached, it will be
ceipt of the notice of dismissal. Within ten (10) signed by the complainant and the respondent.
days of the City Manager's receipt of the notice of appeal, the City Manager shall notify the com- The agreement shall provide for specific perfor-
mance. It will not be necessary for the agreement
plainant of a date, time and place when the ap- to contain a declaration or finding that a violation
peal will be heard by the Human Relations Com- has in fact occurred. It may provide for the dis-
mission, which date shall be no more than thirty missal o£ the complaint without prejudice. The
30) days subsequent to the City Manager's re-
complainant and respondent shall be furnished a
ceipt of the notice of appeal. The Human Rela- copy of the agreement.The terms of such an agree-
tions Commission shall conduct a hearing on the ment may be made public, but no other informa-
allegations in the complaint. If the Human Rela- tion relating to any complaint, its investigation
tions Commission upholds the City Manager's de- and disposition will be disclosed or made public
cision, the complainant may seek judicial review by the city or any officer, employee,board or com-
of the decision of the Human Relations"Commis- mission thereof without the consent of the com-
sion in the District Court in accordance with the plainant and the respondent.
Colorado Rules of Civil Procedure,Rule 106(AX4).
Such review must be sought not later than thirty (d, The maximum period for reaching a concil
(30) days after the date of the decision of the iation as;reement shall be ninety (90) days from
Human Relations Commission. If either the Human the date of the city's receipt of the initial com-
Relations Commission or the District Court re- plaint o:,, in the event the matter has been sub-
verses the decision of the City Manager, the City mitted f zr review by another agency, the date of
Manager shall pursue the complaint in the same the city's receipt of notice from such other agency
manner as if the City Manager had found the that the complaint has been dismissed without
allegations to be materially true and sufficient to final judgment on the merits or that such agency
establish a violation. has waived jurisdiction over the complaint.
(Code 1972, § 45-7(B); Ord. No. 105, 1988, § 7, (Code 1972, § 45-7(c), (d); Ord. No. 105, 1988, § 7,
8-16-88) 8-16-88; Ord. No. 42, 1990, §§ 4, 5, 5-1-90)
Cross reference—Human Relations Commission, § 2-261.
Sec. 13.25. Commencement of action in Mu-
nicipal Court.
Sec. 13-24. Conciliation. (a) In the event of a finding of probable cause,
(a) If, after investigation, the City Manager de- either by the City Manager in the first instance or
termines that there is probable cause to believe upon review by the Human Relations Commis-
Supp.No.12
884
HUMAN RELATIONS § 13-25
sion or the District Court,and in the further event (c) If the City Manager determines that the in-
that the City Manager is unable to effectuate an tent and purposes of this Article would not be
agreement through conference,conciliation or per- served by the filing of a complaint in Municipal
suasion within the period of time described in § Court, written notice of such determination shall
13.24(d), the City Manager shall review all avail- be given to the complainant; and the jurisdiction
able information to determine whether the intent of the city and its Human Relations Commission
and purpose of this Article would be served by the over the complaint shall cease.
filing of a complaint in Municipal Court. If so de- (Code 1972,§45-8;Ord.No. 105, 1988,§ 7,8-16.88;
termined,the City Manager shall file a complaint Ord. No. 42, 1990, §§ 6, 7, 5-1-90)
in Municipal Court alleging a violation of the pro- Cross reference—Municipal Court,Ch. 19.
visions of this Article.The matter shall thereafter
be prosecuted by the city, and the complainant
shall be subpoenaed to appear and testify at such
court proceeding. Any disclosure or statements
made by the person charged during the course of
conciliation efforts under this Article will not be
used as evidence in such court proceeding. Upon
conviction, a violation of the provisions of this
Article shall be punishable by fine or imprison-
ment as stated in § 1-15 of this Code.
(b) Nothing herein shall preclude the Munici-
pal Court, upon stipulation between the city and
the defendant, from entering an order of deferred
prosecution or judgement for such period of time
as deemed proper by the Court, upon certain con-
ditions,including but not limited to the following:
(1) Requiring the defendant to cease and de-
sist from the discriminatory practice;
(2) Providing for the sale,exchange,lease,rental,
assignment or sublease of real property to
a particular person;
(3) Requiring the defendant to pay back pay
for discriminatory termination of employ-
ment, layoff or denial of promotion oppor-
tunity, or to make an offer of employment
in the case of discriminatory refusal of em-
ployment, or to make an offer of promotion
in the case of discriminatory denial of pro-
motion opportunity;
(4) Requiring that the defendant make avail-
able a place of public accommodation in
the case of discriminatory denial of the use
of such place;
(5) Requiring reporting by the defendant as to
the manner of compliance with the order of
court.
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