CROSS REFERENCES
Unlawful discriminatory practices, RC 4112.02
Unfair labor practice defined, CO 661.01
As used in this chapter:
(a) "Discriminate," "discriminates" or "discrimination" means discrimination solely on the grounds or because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.
(b) "Employee" means all persons except those engaged in domestic service, personal service or an employee of an organized religious congregation or an employee of an organization or institution limited to members of a single religious faith.
(c) "Employer" means a person, one or more individuals, a partnership, association or corporation hiring employees unless exemption is provided in Section 663.04.
(d) "Labor organization" means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employees concerning grievances, terms of conditions of employment, or of mutual aid or protection in connection with employment.
(e) "Employment agency" means any person, company, partnership, association, or corporation, which undertakes with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees.
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)
No employers, employees, labor unions, employment agencies or others subject to this chapter shall:
(a) Discriminate against any person with regard to hire, discharge, tenure, upgrading, terms or conditions of employment or union membership solely on grounds of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.
(b) Publish or cause to be published any notice or advertisement relating to employment or membership which contains any specification or limitation as to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.
(c) Require of any applicant as a condition of employment or membership any information concerning the applicant's race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.
(d) Aid, abet, encourage or incite the commission of any discrimination in employment practice prohibited by this chapter.
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)
The City shall prohibit all of the discriminatory practices set forth in Section 663.02 in all of its departments, divisions, boards and commissions, or the commission of discriminatory practices by any City officials, their agents or employees acting for or on behalf of the City.
(Ord. No. 1183-69. Passed 12-15-69, eff. 12-15-69)
Exemptions from the requirements of this chapter shall be:
(a) Any employer of less than four persons; nor shall members of the immediate family of an employer be included in determining the number of employees.
(b) Any religious organization or institute whose membership or service is limited to persons of a single religious faith.
(c) Any private organization having a purely social or fraternal purpose.
(d) Any type of employment where religion, religious creed or nationality would usually and normally be considered an essential qualification of employment.
(Ord. No. 1333-64. Passed 5-17-65, eff. 5-20-65)
The administration of this chapter shall be the responsibility of the Community Relations Board, which Board shall cooperate with the Office of Equal Opportunity in those instances where the two entities have concurrent duties.
In addition to any powers heretofore conferred on this Board, the Board shall have power to:
(a) Make technical studies and prepare and disseminate educational materials relating to discrimination and ways and means of reducing and eliminating it in areas other than employment;
(b) Make specific and detailed recommendations to the interested parties as to the method of eliminating discrimination in areas other than employment;
(c) By March 1 of each year, or more often if so requested, render to Council and the Mayor a report of its activities;
(d) Adopt such reasonable rules and procedures as are necessary to effect the broad purposes of this chapter.
(Ord. No. 1065-B-82. Passed 3-7-83, eff. 4-16-83)
(a) In the consideration of a complaint, the Community Relations Board shall determine the facts, and if there appears to be probable cause for the complaint, the Board shall use its offices to attempt an adjustment by education, persuasion, conciliation and conference. A reasonable time shall be allowed for this purpose.
(b) If, in the opinion of a majority of the members of the Board, the efforts to settle any complaint initiated by its own investigations or brought to the attention of the Board by an outside agency or individual, by education, persuasion, conciliation and conference have not adjusted the specific complaint, the Board may certify the complaint to the Mayor, who shall make further effort to adjust the complaint. If the Mayor is unable to adjust the complaint to the satisfaction of the Board, within thirty days of the receipt thereof, the Board shall cause a public hearing to be held. A notice of the particulars of the complaint shall be sent to the respondent by registered mail not less than ten days prior to the day set for the hearing. The hearing shall be held before the Board.
(c) The respondent shall have the right to file an answer to the complaint and appear at such hearing to testify in his own behalf, or be represented by counsel or otherwise, and to examine and cross-examine witnesses.
If upon all the testimony taken, the Board by a majority vote of the members thereof determines that the respondent committed the discriminatory practice set forth in the complaint, the Board shall issue an order directing the respondent to cease such discriminatory employment practice so found to be engaged in. The Board shall have the power to require proof of compliance.
(d) In the event the respondent fails or refuses to comply with the order of the Board, the fact of refusal, together with the verified complaint and the record of the proceedings of the public hearing shall be certified to the Director of Law for prosecution. No prosecution under this chapter shall be brought except after certification to the Director.
(Ord. No. 1333-64. Passed 5-17-65, eff. 5-20-65)
Whoever violates any provision of this chapter shall be fined not more than one thousand dollars ($1,000) and imprisoned for not more than thirty days.
(Ord. No. 1333-64. Passed 5-17-65, eff. 5-20-65)