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HomeMy WebLinkAbout040 - 08/01/1974 - PROCLAIMING DISCRIMINATION IN HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATION UNLAWFUL, DEFINING TERMS, ORDINANCE NO 40 , 1974 BEING AN ORDINANCE PROCLAIMING DISCRIMINATION IN HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATION UNLAWFUL, DEFINING TERMS, SETTING FORTH SPECIFIC ACTS AND CONDUCT WHICH ARE PROHIBITED, PROHIBITING CONDUCT WHICH DISCRIMINATES AGAINST OR OBSTRUCTS ANYONE ENFORCING THE PROVISIONS OF THE VARIOUS SECTIONS IN THIS ORDINANCE, ESTABLISHING PROCEDURES FOR THE ENFORCEMENT OF THIS ORDINANCE AND SETTING FORTH DETAILS IN RELATION THERETO WHEREAS, it appears to the City Council through the studies of the Human Relations Commission that examples of discrimination and intolerance exist in the City of Fort Collins and WHEREAS, it is the City Council ' s firm belief that such discrimination and intolerance not only threaten the rights and privileges of the citizens of this community but also menace the institutions and foundations of a free and demo- cratic society, and WHEREAS, it is the City Council' s firm commitment to do all in its power to eliminate pre3udice, intolerance, disorder and discrimination in the community of Fort Collins, and WHEREAS, the City Council desires to give effect to the guarantees of equal rights contained in the Constitution and laws of this state and the United States and to encourage and bring about mutual self-respect and understanding among all citizens and groups in the City, and WHEREAS, the laws of both the State of Colorado and the United States make unlawful, discriminatory practices, but it is the observation of the City Council that the enforce- ment of such laws at times involves great delays which defeat the purpose of such laws and WHEREAS, the City Council is of the opinion that the adoption of an ordinance which defines and makes unlawful, certain discriminatory practices will help to eliminate discrimination and intolerance in this community and make available a speedy remedy therefore NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Definitions The terms and phrases that follow have the meanings or are used in this ordinance in the frame or reference or sense as hereinafter set forth a "City Manager" - The Chief administrative official of the City of Fort Collins, including any person or persons appointed or designated by him to carry out any or all of the duties, obligations, rights, and powers appointed to the City Manager under this ordinance b "Discriminate" and "Discriminate Against" , "Discrim- inatory Reason" or "Reason of Discrimination" - Under the given circumstances, a person makes a limitation or specifi- cation as to another because of the latter person' s race, color, religion, national origin, sex, or marital status or because of the race, color, religion, national origin, sex, or marital status of the other person' s friends or associates, also these latter two terms "discriminatory reason" or "reason of discrimination" may be used hereinafter to have the following sense or meaning and at the same time save repeated use of 'based upon or because of the race, color, religion, national origin, sex, or marital status of the other person, or because of the race, color, religion, national origin, sex, or marital status of such other person' s friends or associates' Further, the foregoing terms will include "age between 40 and 65" when used in the area of employment under Section 3 of this ordinance c "Person" - Any individual, group, association, corporation, Doint apprenticeship committee, 3oint stock company, labor union, legal representative (including but not limited to trustees, executors and administrators, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization) , and other legal or commercial entity or municipal governmental entity or agency, further when one gender is used such as "him" it may mean and include reference also to "her" and the neuter "it" In addition singular use necessarily also includes the plural d ' Complainant' - The person filing a formal charge or accusation of violation of this ordinance e "Respondent" - The person being formally charged with a violation of this ordinance f "Employer" - Shall mean the City of Fort Collins or any political subdivision or board, commission, department or institution hereof, and every person employing one or more employees within the City, but it does not mean religious -2- organizations, associations or bureaus or agencies maintained by the United States of America or the State of Colorado except such organizations or associations supported in whole or in part by money raised by City taxation or borrowing g "Employment Agency" - Shall mean any person securing employment or, by any form of advertising, holds itself out to prospective applicants as able to secure employment, or able to provide information, intelligence, or service of any character concerning or purporting to promote, lead to, or consummate employment for the applicant with any person, other than itself, except it shall not mean any bureaus or agencies maintained by the United States of America or the State of Colorado h "Employment" - Shall mean any character of service rendered or to be rendered for wages, salary, commission, or other form of remuneration, and to use or engage any character of service rendered or to be rendered for wages, salary, commission or other form of remuneration i "Place of Public Accommodations" - Any educational, health, entertainment, business or other facility of any kind whose goods, services, facilities, privileges, or advantages are made available to the general public, or which receives financial support through solicitation of the general public or through municipal governmental subsidy of any kind 3 "Real Estate Transaction" - The sale, exchange, rental, or lease of any real property and also includes offering or listing of any real property for sale, exchange, rental or lease Section 2 Discriminatory Housing Practices Prohibited a No person for any reason of discrimination shall 1 Refuse to negotiate for and/or engage in a real estate transaction with another person 2 Discriminate against another person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith 3 Refuse to receive from, or fail to transmit to, another person, a bona fide offer to engage in a real estate transaction -3- 4 Represent to another person that any real property is not available for inspection, or for a real estate transaction, when in fact it is so available 5 Fail, in the ordinary course of business, to bring a property listing to another person' s attention, or to refuse to permit him to inspect real property under reasonable conditions b No person shall 1 Publish or advertise, directly or indirectly, an intent to make a limitation or specification based on a discriminatory reason 2 Use a form of application for a real estate transaction, or make a record of inquiry in connection with real estate transaction, for the purpose of making a limita- tion or specification based on a discriminatory reason, provided however, that it shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimina- tion, or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting, this subsection shall not be construed so as to prohibit a person giving or being required to give his name 3 Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transac- tion, or in the furnishing of facilities or services in connection therewith 4 Initiate, instigate, or participate in representa- tions, advertisements, or contacts within a block, neighbor- hood, or area designed to promote real estate transactions therein on the implication directly or indirecty that changes have occurred or will or may occur in the composition thereof with respect to discrimination against the owners or occupants, or that such changes will or may result in lowering of property values or an increase in criminal or anti-social behavior or decline in the quality of schools in the block, neighborhood or area c A person or a representative of such person to whom application is made for financial assistance in connection with a real estate transaction, or for the construction, rehabilitation, repair, maintenance, or improvement of real property shall not -4- 1 Discriminate against the applicant 2 Use a form of application for financial assist- ance or make or keep a record of inquiry in connection with applications for financial assistance, for the purpose of making a limitation or specification based on a discrimina- tory reason, provided, however, that it shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimination or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting, this subsection shall not be construed so as to prohibit a person giving or being required to give his name d No person for a reason of discrimination shall 1 Provide unequal terms, conditions, privileges, and services to another person in regard to real estate ownership, rental, or leasing 2 Use a threat communicated either by physical, oral, or written means of harm or in3ury to another person, his reputation, or his property to coerce such person to not buy, rent, or lease, or to discontinue ownership, rental, or leasing real estate e The following are exempt from the provisions of this section 1 For the owner of an owner-occupied one-family or two-family dwelling, or housing facility devoted entirely to the housing of individuals of one sex, to restrict occu- pancy of such facility on the basis of sex of the proposed occupant and such owner or authorized agent can effectuate said restrictions by advertising or otherwise arranging for the occupancy of said dwelling 2 A religious organization or institution may restrict its facilities of housing which are operated in connection with its religious activities to persons of the denomination involved if a bona fide religious purpose for such restriction exists Section 3 Discriminatory Employment Practices Prohibited It is a discriminatory employment practice and a violation of this section a For any employer, because of discriminatory reason, to refuse to hire another or otherwise to discriminate -5- against any person with respect to the hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment except where based upon a bona fide occupational qualification b For any employment agency to fail or refuse to classify properly, refer for employment, or otherwise to discriminate against any person relating to employment or prospective employment c For any labor organization to discriminate against any person, or to limit, segregate or qualify its membership in any way which would tend to deprive any person of employ- ment opportunities or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment or would adversely affect his wages, hours, or employment terms, conditions or privileges because of a discriminatory reason For any person to d / ,use a threat communicated either by physical, oral, or written means of harm or in3ury to another person, his reputation, or his property to coerce such a person to not accept, or discontinue, employment e Except where based on a bona fide occupational qualification for any employer, employment agency, or labor organization prior to employment or admission to membership to 1 Elicit any information for the purpose of discrimination against any applicant for employment or membership 2 Make or keep a record for the purpose of discrimination against any applicant for employment or membership 3 Use any form of application for employment or personnel or membership blank seeking to elicit information for the purpose of discrimination 4 Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, or specification based on a discriminatory reason 5 Establish, announce, or follow a policy of denying or limiting through a quota system or otherwise employment or membership opportunities of any group because of a discriminatory reason -6- 6 Utilize in the recruitment or hiring of indi- viduals any employment agency, placement service, training school or center, labor organization or any other employee referring service known by such person to discriminate, or 7 Intentionally utilize in the recruitment, hiring, upgrading, or promotion of any person any test which tends to discriminate, provided however, that it shall not be a discriminatory practice to have programs which provide opportunities for persons who have been the traditional targets of discrimination or to use a form or make a record of inquiry as above described for the purpose of required governmental reporting, this subsection shall not be construed so as to prohibit a person giving or being required to give his name f For any person seeking employment to publish or cause to be published any advertisement for employment with specification or limitation based upon a discriminatory reason, provided, however, that it shall not be a discrimin- atory employment practice for a religious organization or institution to restrict employment opportunities and advertise such restriction to persons of the religious denomination involved, if a bona fide purpose for such restriction exists Section 4 Discriminatory Public Accommodation Practices Prohibited No person shall a Deny or limit access to a place of public accommoda- tion or provide unequal terms, conditions, or privileges to a person because of a discriminatory reason b Use a threat communicated either by physical, oral, or written means of harm or in3ury to another person, his reputation, or his property to coerce such person to not utilize a place of public accommodation c Advertise or cause to be advertised a place of public accommodation as being restricted on the basis of discriminatory reason, provided, however, that it shall not be a discriminatory public accommodation practice for a religious organization or institution to restrict use of its facilities and advertise such restriction to persons of the religious denomination involved if a bona fide religious purpose for such restriction exists Section 5 Interfering with Operation of Ordinance Prohibited No person shall -7- a Use a threat communicated either by physical, oral, or written means of harm or injury to another person, his reputation or his property or discriminate against any person, or provide unequal terms, conditions, or privileges because he has entered into a conciliation agreement under this ordinance or because such other person has opposed a discriminatory practice or because he has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceedings, or hearing before anybody charged by law with the duty to hear complaints relating to problems of discrimination b Use a threat communicated either by physical, oral, or written means of harm or injury to another person, his reputation, or his property to coerce such person to engage in a discriminatory practice or other violation of this ordinance c Willfully obstruct, hinder, or interfere with the performance or the proper exercise of a duty, obligation, right, or power by the City Manager, the municipal court or any other official or body with duties, obligations, rights, and powers under this ordinance A complaint for a violation of this section shall be processed in accordance with Sections 7 and 8 hereof Section 6 City Manager May Appoint Person to Assist in Enforcement A person or persons may be appointed or designated by the City Manager to carry out any or all of the duties, obligations, rights, or powers under the provi- sions of this chapter Such appointee shall have such job titles as designated by the City Manager Section 7 Enforcement a Any person claiming to be aggrieved by a violation of this ordinance may, within 90 days of the alleged viola- tion, or 30 days after any complaint concerning the same matter has been dismissed by another agency without a final judgment on the merits, whichever shall last occur, file a written complaint under oath with the City Manager The complaint shall contain the name of the alleged violator, or set forth facts sufficient to identify such person, and include an outline of the material facts upon which the complaint is based and the date of the alleged violation In addition, the complaint shall state, if and as applicable, that any acts or conduct of the complainant were for the purpose of accomplishing the real estate transaction, employ- ment objective, or public accommodation use in question, and -8- not for the purpose of harassment or entrapment of the person against whom the complaint is made The complaint must also state 1 Whether or not a complaint concerning this same matter has been filed with another agency, and 2 Whether any complaint concerning this same matter that has been filed with another agency has been dismissed without a final 3udgment on the merits In the event that a complaint concerning the same sub3ect matter has been previously filed with another public agency, the City Manager shall hold such in abeyance and take no action until such other agency has made a final 3udgment on the merits If such other agency makes the final 3udgment on the merits, the City Manager shall dismiss the complaint If such other agency dismisses the complaint without a final 3udgment on the merits, or waives jurisdic- tion, or if by mutual agreement the City is given jurisdic- tion, the City Manager shall proceed with an investigation pursuant to the provisions of subparagraph b The City Manager shall furnish a copy of the complaint to the Respondent within 10 days after the complaint is filed b The City Manager shall promptly conduct a prelimin- ary investigation to determine whether the factual allegations of the complaint constitute probable cause to believe there has been a violation of this ordinance If the City Manager determines that there is probable cause to suspect a viola- tion, he shall endeavor to eliminate the alleged violation by conference, conciliation, and persuasion The City Manager is authorized to work toward conciliation agreements whereunder the alleged violation is eliminated and the complaining person is made whole to the extent possible Neither the complaint, nor information gathered in the investigation shall be made public prior to the time a conciliation is reached, or the City Manager determines that he is unable to effectuate a conciliation If such an agreement is reached, it will be signed by the City Manager, the complainant and the respondent The agreement shall provide for specific performance It will not be necessary for the agreement to contain a declaration or finding that a violation has in fact occurred It may also provide for the dismissal of the complaint without pre3udice The complainant and respondent shall be furnished a copy of the conciliation agreement The terms of such an agreement may be made public but no other information relat- -9- ing to any complaint, its investigation and disposition, will be disclosed or made public without the consent of the complainant and the respondent c If at any time the City Manager determines that the factual allegations are materially untrue, he shall dismiss the complaint and take no further action thereon other than informing the complainant and the respondent that the complaint has been dismissed, which action shall inform the complainant and the respondent of the complainant' s right of appeal and who has 3urisdiction of the appeal In the event the com- plainant is dissatisfied with the City Manager' s decision to dismiss the complaint, the complainant shall have right to appeal such decision to the Human Relations Commission Such appeal shall be perfected by filing a Notice of Appeal with the City Manager within 30 days of the complainant' s receipt of the Notice of Dismissal which notice shall inform the complainant of his or her right of appeal and who has 3urisdiction of such appeal Should the Human Relations Commission reverse the decision of the City Manager and determine that the factual allegations of the complainant are materially true, the City Manager shall pursue the complaint in the same manner as if he had found the allega- tions to be materially true If the City Manager determines that the material allega- tions of the complaint are true, but that a violation under this ordinance cannot be established, he shall dismiss the complaint and notify the complainant and the respondent of such action, which notice shall inform the complainant of his right of appeal and who has 3urisdiction of the appeal In the event the complainant is dissatisfied with the decision to dismiss, made by the City Manager, the complainant shall have the right to appeal such decision to the Municipal Court by filing a Notice of Appeal in the Municipal Court within 30 days of the complainant' s receipt of the dismissal notice The Municipal Court shall either affirm or reverse the City Manager' s finding of no-violation Should the Municipal Court order the complaint be revised and prosecuted, a Municipal Judge other than the one making such order shall hear the case when it comes before the Court, for final disposition In the event the City Manager is unable to effectuate an agreement through conference, conciliation, or persuasion, and he is of the view that a violation can be established under the terms of this ordinance, he shall file a complaint in the Municipal Court Any disclosure or statements made by the person charged in the course of conciliation efforts will not be used in Municipal Court -10- d The City Manager may, on his own initiative, file a complaint pursuant to this section based on information and belief that a violation of this ordinance has occurred In using such power, the City Manager may adopt specific standards or administrative regulations as to when the same will be relied on The standards shall include that if and when the power is used 1 Any testing used was directly supervised by the City Manager, 2 Any testing has to be designed so as not to induce a person to behave in a manner other than his usual manner, and 3 No case shall be brought for the purpose of harassment, 4 The same time limits and procedures shall apply in the case of a complaint initiated by the City Manager as apply in the case of a complaint by a private person Any such regulation shall be published by the City Manager and will not become effective until ten (10) days after publication Section 8 Discrimination Actions in Municipal Court a The complaint shall make it clear whether the City Manager is invoking the police court powers and Jurisdiction of the Municipal Court or the civil powers and 3urisdiction conferred by the terms of this section 1 If the former, the action will be treated as a criminal proceeding with the burden of proof beyond a reason- able doubt and in all other respects as are other actions in Municipal Court 2 If the civil 3urisdiction is invoked, the violation must be proved by a preponderance of the evidence The Court will adopt and follow procedural rules for disposi- tion of cases brought hereunder using, when applicable, the Colorado Rules of Civil Procedure or rules adopted by the Court which afford the parties substantially the same pro- cedural protections 1 Temporary Relief The powers of the Court will include the power, on request of the City Manager after a complaint has been filed, to issue an order of in3unction, requiring bond therefor, which restrains the respondent from doing or procuring any act tending to render -11- ineffectual any order or decree which may ultimately be entered in respect to the complaint Anything to the contrary notwithstanding anywhere contained in this ordinance, such temporary relief may be requested and granted even though no efforts have been made at conciliating the complaint ii Final Orders and Decrees If the Municipal Court finds that no violation of this ordinance has occurred, an order will be entered to that effect, and the Court after a hearing may determine the amount to be assessed against the City or the bond if the same has been required Where the Municipal Court finds a violation of this ordinance has occurred, it is granted the power to issue such orders as will carry out the purposes of this ordinance, including orders a Requiring the defendant to cease and desist from the discriminatory practice b Providing for the sale, exchange, lease, rental, assignment or sublease of real property to a particular person c Requiring the defendant to pay back- pay for discriminatory termination of employment, layoff or denial of promotion opportunity, make an offer of employment in case of discriminatory refusal of employment, make an offer of promotion in the case of discriminatory denial of promotion opportunity d Requiring that the defendant make available a facility of public accommodation in the case of discriminatory denial of the use of such facility, and e Requiring reporting by the defendant as to his manner of compliance with the order or orders issued pursuant to this section The Court may, for a period of up to three (3) months from the date of the order, require the defendnat to make, keep and make available such reasonable records to the City Manager as are relevant in assisting him to determine whether the defendant is complying with the order or orders of the Court Section 9 All other sections, or parts of sections of the Ordinances of the City of Fort Collins, in conflict or inconsistent herewith are hereby repealed, provided, however, that any part, section or ordinance so repealed shall remain in effect and be applicable to all matters to which the same -12- is applicable prior to the effective date of this Ordinance, that the repeal of any section or parts of sections of the Ordinances of the City of Fort Collins shall not revive any other ordinance heretofore repealed or superseded Section 10 If any part or parts hereof is for any reason held to be invalid, such shall not affect the remain- ing portions of this ordinance and each part hereof shall be considered a separate and distinct part and the Council hereby declares that it would have passed each part hereof independently of the other notwithstanding the invalidity of any other part or portion hereof Introduced, considered favorably on first reading, and ordered published this j_LL day of A D 1974 , and to be presented for inal passagdjon the day of a7� A D 1974 ATTEST Assistant Mayor Ci Clerk Passed and adopted on final reading this /„�(� day of A D 1974 ATTEST y / City Cierk -13-