Insert County Name Civil Rights Ordinance

Title

This Ordinance shall be known, cited, and referred to as “Insert County Name” Ordinance.

Purpose & Public Policy

These are the following protected classes covered under this ordinance and from herein shall be referred to as “ the protected classes”: race, religion, color, sex, disability, national origin, age or ancestry

It is the purpose and public policy of the city of Insert County Name, Indiana to provide all citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property including, but not limited to, housing, and to eliminate segregation or separation based solely on any of the protected classes since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are hereby declared to be civil rights.

The practice of denying these rights to properly qualified persons by reason of any of the protected classes is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the public policy of this City and shall be considered discriminatory practices. The promotion of equal opportunity, through reasonable means and methods, without regard to these protected classes is the purpose of this ordinance.

It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders and lending institutions from unfounded charges of discrimination and to protect persons against the filing and investigation of duplicate charges of discrimination.

The chapter shall be construed broadly so as to effectuate its purpose and the policy of Insert Count name.

INSERT ANY ADDITIONAL INFORMATION

Definitions

“Affirmative Action” means those acts which the Indiana Civil Rights Commission and this Commission deem necessary to assure compliance with this chapter and the Indiana Civil Rights Law.

“Age Discrimination” means dismissal from employment of or refusal to employ or rehire any person because of his/her age if between the ages of forty-five (45) years old and seventy-five (750 years old.

“Coercion” It is unlawful to coerce, intimidate, threaten, harass, or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by this article.

“Commission” The INSERT Commission’s Name.

“Commission Attorney” The Corporation Counsel, or attorney assigned to this Commission by the Corporation Counsel, or such other attorney as may be engaged by the Commission after consultation with and approval by the Corporation Counsel.

“Complainant” means:

A person who signs a complaint on his/her own behalf, alleging that he/she has been aggrieved by a discriminatory practice. Can also be referred to as “Charging party” or “aggrieved person”; or

The director or deputy director of the commission charging that a discriminatory practice was committed against a person (other than the director or deputy director) or a class of people, in order to vindicate the public policy of the state

“Complaint” means a written grievance that is:

Sufficiently complete and filed by a complainant with the commission; or

Filed by a complainant as a civil action in the circuit or superior court having jurisdiction in this county in which the alleged discriminatory practice occurred.

“Consent Agreement” shall mean a formal agreement entered into in lieu of adjudication

“Deputy Director” means the deputy director of this commission

“Director” means Director of this commission

“Disability” or “Disabled” means the physical or mental condition of a person that constitutes a substantial disability. In reference to employment under this chapter, “disabled or disability” also means the physical or mental condition of a person that constitutes a substantial disability unrelated to the person’s ability to engage in a particular occupation.

“Discrimination in Education” It shall be unlawful for any person, establishment or governmental agency regularly engaged in the offering of education services to discriminate against anyone because of any of the protected classes.

“Discrimination in Public Accommodations” It shall be unlawful for any person, establishment or governmental agency regularly engaged in the offering of educational services to discriminate against anyone because of any the protected classes.

“Discriminatory Practice” Every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment, or the extending of credit (as defined in IC 24-4.5-1-301.5) shall be considered unlawful unless it is specifically exempted by this chapter. Discriminatory practice means any one or more of the following committed within the jurisdiction of the commission:

The exclusion from or the difference in treatment or the failure to grant to any person equal opportunities by reason of any of the protected classes

A system that excludes person from equal opportunities because of any of the protected classes

The promotion of racial segregation or separation in any manner, including but not limited to the inducing of or the attempting to induce for profit any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular protected class

A violation of IC 22-9-5 that occurs after July 25, 1992, and is committed by a covered entity (as defined in IC 22-9-5-4)

“Dwelling” Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or Any vacant land that is offered for sale or lease for the construction or location of a building or structure or part of a building or structure that is occupied, or designed or intended for occupancy as a residence by one or more families.

“Educational Institution” shall mean all public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students, except that they shall not discriminate on the basis of any of the other protected classes.

“Employee” shall mean any person employed by another for wages or salary; provided, that it should not be include

any person employed by his or her parents, spouse or child; or

in the domestic service of any person

“Employer” shall include this city/county, or any department thereof, any person having six (6) or more employees within the State of Indiana and doing business within the City, except that the term does not include:

Any nonprofit corporation or association organized exclusively for fraternal or religious purposes;

Any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution;

Any office, officer, board, commission, department, division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other instrumentality of the State of Indiana, any hospital, any penal institution and any other institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the State of Indiana; or

Any exclusively social club, corporation, or association that is not organized for profit.

“Employment Agency” shall mean any person undertaking, with or without compensation, to procure, recruit, refer or place employees.

“Family” includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in subsection (H) of this Section.

“Familial status” means that the person who is subject of discrimination is:

Pregnant;

Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person;

Is the parent or legal custodian; or

Has the written permission of the parents or legal custodian for domicile with that person; or

In the process of obtaining legal custody of an individual younger than eighteen (18) years of age

“Labor Organization” shall mean any organization which exists and is constituted 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 mutual aid or protection in connection with employment.

“Person” means one or more individuals, partnerships, associations, organization, labor organization, corporations, cooperatives, legal representatives, trustees in bankruptcy, trustees, receivers, governmental agencies and departments, including but not limited to the City, and any of its departments and other organized groups; provided, however, that with regard to complaints concerning employment, “person” shall mean employers of six or more employees.

“Probable Cause” means such an apparent state of facts established by personal knowledge or by information from others reasonably accepted as true, as would lead a person of normal intelligence and prudence to believe that an unlawful discriminatory practice has occurred.

“Public Accommodation” shall mean any establishment, organization or authority which caters or offers its services or facilities or goods to the general public, including, but not limited to, motel, hotels, theaters, stores, public restaurants, public library services, and public recreational services and facilities.

“Reasonable Accommodation” Making existing facilities used by employees readily accessible to and usable by individuals with disabilities. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

“Respondent” Any person against whom a complaint has been filed.

“Retaliation” It is unlawful to discriminate against any individual because that individual has opposed any act or practice made unlawful by this article or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this article.

“Sex” as it applies to segregation or separation in this ordinance shall apply to all types of employment, education, public accommodations, and housing, except those specifically exempted, and includes pregnancy.

“To Rent” includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant.

Undue Hardship with respect to the provision of an accommodation, means significant difficulty or expense incurred by a covered entity when considered in light of the factors as set by this article.

In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include the following:

The nature and net cost of the accommodation needed under this rule, taking into consideration the availability of tax credits and deductions or outside funding.

The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources.

The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type, and location of its facilities.

The type of operation or operations of the covered entity, including the following:

Composition, structure, and function of the workforce of such entity.

The geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity.

The impact of the accommodation upon the operation of the facility, including the following:

The impact on the ability of other employees to perform their duties.

The impact on the facility's ability to conduct business.

“Veteran” means:

A veteran of the armed forces of the United States;

A member of the Indiana National Guard; or

A member of a reserve component

Enter Additional Protected Class definitions or other definitions

Exemptions:

No person shall engage in a discriminatory practice; provided, however, that the provisions of this section shall not apply to:

Any nonprofit corporation or association organized exclusively for fraternal recreational, civic educational or religious purposes unless is restricted because of race, color, or national origin;

Any school, educational charitable or religious institution owned or conducted by, or affiliated with, a church or religious institution unless it is restricted because of race, color, or national origin; or

Any exclusively private or social club, corporation or association which is either organized for profit or not organized for profit and which is not open to the general public, unless the club is restricted because of race, color, or national origin.

No person shall violate the terms of an affirmative action agreement to which he/she is a party

No person shall violate orders of the Commission and this ordinance

Unlawful Discriminatory Practices

The exclusion of a person from failure or refusal to extend to a person equal opportunities because of race, color, religion, sex, familial status, national origin, ancestry, disability, or promotion of racial segregation in any manner, are hereby declared to be illegal. Unlawful discriminatory practices shall include, but not be limited to the following:

Unlawful Housing Practices. It is an unlawful discriminatory practice for any individual, a real estate operator or an individual employed by or acting on behalf of any real estate operator:

TO RESFUSE TO SELL, EXCHANGE, RENDER OR LEASE OR OTHERWISE MAKE UNAVAILABLE OR DENY AN INDIVIDUAL ANY DWELLING BECAUSE OF HIS RACE, COLOR, CREED, RELIGION, SEX, FAMILIAL STATUS, NATIONAL ORIGIN, ANCESTRY OR DISABILITY;

To discriminate against an individual because of his race, color, creed, religion, sex, familial status, national origin, ancestry, or disability in the terms, conditions, or privileges and the sale, exchange, rental, or lease of a dwelling or in furnishing of facilities or services in connection therewith.

Subject to the provisions of subsection (b) of this Section, Section 11 of this Ordinance and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in Section 6 of this Ordinance shall apply to:

All dwellings except as exempted by subsection (b) and Title 22-9.5-3 of Indiana Code.

Other than the provisions of subsection (c) of this Section, nothing in Section 6 shall apply to:

Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single family house by a private individual owner not residing in the house at the time of sale or exemption shall apply only to one such sale within any twenty-four (24) month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single family house shall be exempted from application of this section only if such house is sold or rented:

without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent or salesman, or person and

without the publication, posting or mailing, after notice of advertisement or written notice in violation of Section 6(3) of this Ordinance, but noting in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title, or

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

For the purposes of subsection (b), a person shall be deemed to be in the business of selling or renting dwellings if:

They have, within the preceding twelve (12) months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

They have, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five (5) or more families.

Interference, Coercion, or Intimidation

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by other sections of this Ordinance.

Commission Created & Jurisdiction

This Article shall apply within the jurisdiction of Enter County Name

Choose whether you are creating your own Commission or using Indiana Civil Rights Commission as enforcement power. Then press F3 after choice. Choose an item.

Choose an item and then press F3 after. Format correct after. Choose an item.

Enter if you want a complaint filing procedure, if not then delete.

Enforcement by Private Persons

An aggrieved person may file a civil action in the circuit or superior court located in the county in which the alleged discriminatory practice occurred not later than one (1) year after the occurrence of the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to the disciplinary housing practice or breach.

The one (1) year period does not include any time during which an administrative hearing under this article is pending with respect to a complaint or finding of reasonable cause under this article based on the discriminatory housing practice. The subsection does not apply to actions arising from a breach of a conciliation agreement.

An aggrieved person may file an action under this section whether or not a complaint has been filed under IC 22-9.5-6 and without regard to the status of any complaint filed under IC 22-9.5-6.

If the Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.

An aggrieved person may not file an action under this section with respect to an alleged discriminatory housing practice that forms the basis of a finding of reasonable cause issued by the Commission if the Commission has begun a hearing on the record under this article with respect to the finding of reasonable cause.

If the court finds that a discriminatory housing practice has occurred or is about to occur in an action under this chapter, the court may award to the prevailing party the following:

Actual and punitive damages

Reasonable attorney's fees

Court costs

Any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action.

Relief granted under this chapter does not affect a contract, a sale, an encumbrance, or a lease that:

was consummated before the granting of the relief; and

involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the filing of a complaint or a civil action under this article.

The Commission may intervene in an action under this article if the Commission determines that the case is of general public importance.

The Commission may obtain the same relief available to the Commission under IC 22-9.5-8-1 (b)

Pending Suits

This Ordinance shall not be construed or held to repeal a former Ordinance whether such former Ordinance is expressly repealed or not, as to any act done, any penalty forfeiture or punishment so incurred or any right accrued or claim arising before the new Ordinance takes effect, save only that the proceedings thereafter shall conform to the Ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new Ordinance, such provision may be, by the consent of the part affected, applied to any judgment announced after the new Ordinance takes effect.

Nothing contained in this or the preceding section shall be construed as abating any action now pending under or by virtue of any general Ordinance of the City herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any Ordinance or provision thereof in force at the time of passage of this Ordinance.

Severability

Each section and each provision or requirement of. Any section of this Ordinance shall be considered separable and the invalidity of any portion of enforceability of any other portion.

Reference

All Ordinances in conflict, herewith, are hereby repealed. Anything not mentioned within this ordinance is governed by federal and/or state law. Please refer to the IC 22-9 for further discussion. This county reserves the right to transfer any complaints it deems necessary to the state’s Civil Rights Commission. Any protected classes mentioned in this ordinance that are not mentioned within state law is protected only within this county. This Ordinance is to be used in conjure with the Fair Housing Ordinance. Together both ordinances complete this county’s stance on protecting and enforcing civil rights.

Effective Date

The effective date of this Ordinance shall be immediately upon its passage and publication according to law.