|
Chapter 12
HUMAN RIGHTS*
Art. I. In General, §§ 12-1—12-15
Art. II. Administration and Enforcement, §§ 12-16 -- 12-65
Div. 1. Generally , §§ 12-16 – 12-25
Div. 2. Human relations Commission, §§ 12-26 – 12-40
Div. 3. Complaint Procedure, §§ 12-41 – 12-65
Art. III. Fair Housing Code, §§ 12-66 –12-85
Art. IV. Public Accommodations Code, §§ 12-86 – 12-105
Art. V. Employment Practices Code, §§ 12-106 –12-108
Cross reference – Court, Ch. 8.
State law reference – Human rights, RSMo Ch. 213; discriminatory employment practice, RSMo Ch. 296; discriminatory practices, RSMo Ch. 314; discrimination by a public servant against employee or applicants, RSMo 576.040(1).
ARTICLE I. IN GENERAL
Sec. 12-1. Policy on discriminatory action.
In accord with state law, the city intends to provide nondiscriminatory fair housing opportunities, public accommodations and employment practices throughout the city for all persons, regardless of race, creed, color, religion, national origin, ancestry, sex or handicap.
(Code 1970, §§ 12 ½ -30; Ord. No. 2200, § 2(14-1), 10-8-84)
Sec. 12-2 – 12-15. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT*
DIVISION 1. GENERALLY
Sec. 12-16 — 12-25. Reserved.
DIVISION 2. HUMAN RELATIONS COMMISSION †
Sec. 12-26. Established; purposes.
There is hereby established an advisory board to be know as the human relations commission. The commission shall function as a permanent part of the city government. This commission shall foster mutual understanding and respect among all racial, religious and ethnic groups of the city; discourage prejudice and discrimination against any person or group on account of race, creed, color, religion, national origin, ancestry, sex, or handicap; cooperate with federal, state and municipal agencies and nongovernmental organizations having like or kindred functions; and make such investigations and studies in any field of human relations as, in the judgment of the commission, will aid in effectuating its general purpose.
(Code 1970, § 12 ½ -16; Ord. No. 2200, § 2(14-2) 10-8-84)
*Cross reference – Administration generally, Ch. 2.
†Cross reference - Boards, commissions and committees generally, § 2-391 et seq.
Sec. 12-27. Composition terms; appointments.
The human relations commission shall consist of five (5) members broadly representative of the racial, religious and ethnic groups in the community. Members of the commission shall be appointed by the mayor with the approval of the city council in a fashion designed to stagger the terms of office. The term of appointment shall be for three (3) years. No individual shall serve more than (2) full consecutive terms on the commission. No individual who has previously served on the commission shall be eligible for reappointment until twelve (12) months expired since last serving on the commission.
(Code 1970, § 12 ½ - 17; Ord. No. 2200 § 2 (14-3), 10-8-84; Ord. No. 3150, § 1, 6-10-96)
Sec. 12-28. Meeting; organization; quorum; compensation.
The human relations commission shall meet at least four (4) times a year, and shall elect a chairman who shall be the presiding officer at such meeting. In the absence of the chairman or his inability to be present at any meeting of such body, the duly elected vice-chairman shall have the power to reside. The vice-chairman shall also keep minutes of each meeting. Any four (4) members shall constitute a quorum at a meeting or hearing and all members of the commission shall serve without compensation for their services.
(Code 1970, § 12 ½ -18; Ord. No. 1968, § 1, 5-12-80; Ord. No. 2200, § 2(14-4), 10-8-84)
Sec. 12-29. Powers and duties.
The powers and duties of the human relations commission shall be to:
(1) Foster, though community effort or otherwise, goodwill, cooperation and conciliation among the groups and elements of the inhabitants of this community.
(2) Formulate and carry out educational programs that will aid in discouraging all types of prejudice and discrimination based on race, creed, color, religion, national origin, ancestry, sex or handicap;
(3) Receive, hear and investigate complaints and initiate its own investigation and report to the city council on the following:
a. Racial, religious and ethnic group tension, prejudice, intolerance, bigotry and discrimination and any breach of the peace or disorder occasioned thereby,
b. Practices of discrimination against any person in employment practices, public accommodations, housing and other phases of public welfare because of race, creed, color, religion, national origin, ancestry, sex or handicap;
(4) Enlist the cooperation of all racial, religious and ethnic groups, community, civic, labor and business organizations, fraternal and benevolent associations, veteran organizations and other groups in educational campaigns and programs devoted to teaching the need for eliminating group tensions, prejudices, intolerance, bigotry and discrimination and breach of peach and disorder occasioned thereby;
(5) Make recommendations to the city council concerning the development of policies and procedures that will aid in eliminating all types of discrimination based on race, creed, color, religion, national origin, ancestry, sex, or handicap;
(6) Recommend to the city council legislation to aid in carrying out the purposes of this chapter.
(7) Hold public hearings and request the attendance of witnesses when the commission deems it necessary or advisable to accomplish its purposes.
(Code 1970, § 12 ½ -19; Ord. No. 2200, § 2(14-5), 10-8-84)
Sec. 12-30 – 12-40. Reserved.
DIVISION 3. COMPLAINT PROCEDURE
Sec. 12-41. Filing of complaints.
Any person claiming to have been subject to any discrimination in housing practices, public accommodations or employment may make, sign and file, or have his attorney make, sign and file a written complaint with the city clerk. The complaint must be in writing and the human relations commission shall not acknowledge an oral complaint. Any written complaint filed pursuant to this section must be filed with the commission within sixty (60) days of the date of the alleged incident.
Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-40);
Sec. 12-42. Contents of complaint.
Any complaint filed with the human relations commission shall state the name and address of the person alleged to have committed the discriminatory practice complained of. The complaint shall also specifically describe the alleged discrimination practice including what relief is sought or proposed and the reason for granting it. The complaint shall not consist merely of statements or charges phrased in the language of the statute or rule.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-41), 10-8-84)
Sec. 12-43. Merit of complaint; notice of hearing; records.
(a) If the human relations commission receives a meritorious written complaint, it shall notify in writing the person against whom the complaint is made and inquire about the subject matter of the complaint within thirty (30) calendar days from the date of receiving the complaint. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the commission, after its investigation, and the investigation, of any, conducted by authorized employees of the city, finds there is no merit to the complaint, the same shall be dismissed. If the commission finds there is merit to the complaint, then the commission will endeavor to eliminate the alleged discriminatory practice by conference and conciliation. To achieve this goal, the commission may set a date for a hearing,
(b) If a date for a hearing is set, the human relations commission shall mail notice of the hearing to the following parties as promptly as possible;
(1) The aggrieved person;
(2) The person against whom relief is sought;
(3) Any other persons whom the commission thinks can help conciliate the particular controversy.
(c)The human relations commission shall notify all interested parties of the date set for hearing at least ten (10) calendar days in advance of the hearing. The commission shall keep a permanent record of the person to whom notice is sent and of the addresses to which sent and the date when sent.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-42), 10-8-84)
Sec. 12-44. Contents of notice.
(a) Every notice of a hearing shall state:
(1) That a hearing shall be held in response to the complaint and that the presence of the recipient is requested at the hearing;
(2) The caption and number of the case;
(3) The time and place of the hearing;
(b) In addition, every notice of a hearing mailed to the person against whom the complaint is filed, and to any
other person whom the human relations commission thinks can help conciliate the particular controversy shall contain a copy of the complaint and shall state that the recipient has the option of filing a written answer with the human relations commission before the date of the hearing.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-43), 10-8-84)
Sec. 12-45. Written answer to complaint.
If a written answer to a complaint is filed with the human relations commission before the date of the hearing, the commission will inform the aggrieved party of this fact by telephone or in writing. The commission shall also allow the aggrieved party to make a copy of the answer.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-44), 10-8-84)
Sec. 12-46. Rights to legal council.
The human rights commission shall be represented by the city counselors at each hearing. The aggrieved person and the person against whom relief is sought may employ legal counsel, if desired and have legal counsel represent him and any hearings.
(Code 1970, § 12 ½ -36; Ord No. 2200, § 2(14-45), 10-8-84)
Sec. 12-47. Rules for hearings; evidence; witnesses; records.
The human relations commission shall conduct a hearing according to the following rules:
(1) Oral evidence shall be taken only on oath or affirmation;
(2) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him to testify and to rebut the evidence against him;
(3) A party who does not testify in his own behalf may be called and examined as if under cross-examination;
(4) Each agency shall cause all proceedings in hearing before it to be suitable recorded and preserved. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-46), 10-8-84)
Sec. 12-48. Commission members to hear or read evidence.
Each member of the human relations commission who joins in rendering a conciliation shall, prior to such conciliation, either hear all the evidence, read the full record including all the evidence or personally consider the portions of the record cited or referred to in this arguments. The parties to a contested case may by written stipulation or by oral stipulation in the record at a hearing waive compliance with the provisions of this section.
(Code 1970, § 12 ½ -36; Ord. No. 2200, § 2(14-47), 10-8-84)
Sec. 12-49. Conciliation in writing; notice of conciliation.
Every conciliation in a case shall be in writing and the conciliation shall include or be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the conciliation is based. If a conciliations is reached the human relations commission shall give written notice of the conciliation by delivering or mailing such notice to each party, or his attorney of record, and shall upon request furnish him with a copy of the conciliation, findings of fact and conclusions of law..
(Code 1970, § 12 ½ -36; Ord No. 2200, § 2(14-48), 10-8-84)
Sec. 12-50. Confidentiality of proceedings; exception.
The human relations commission shall not disclose the nature or contents of any investigation, hearing, proceeding, report or memorandum. It may conduct or generate in its efforts to resolve any complaint of a violation of this chapter without legal action. If the commission is unable to eliminate an alleged discriminatory practice by conference and conciliation, it shall forward the complaint to the city attorney for determination as to whether or not to prosecute on the complaint.
(Code 1970, § 12 ½ - 36; Ord. No. 2200, § 2(14-49), 10-8-84)
Sec. 12-51. Injunctive relief.
Instead of filing a complaint in municipal court the city attorney may seek to have the alleged discriminatory practices abated by bringing action for an injunction to be maintained in the appropriate state court as an alternative remedy to any other penalty provided by this Code.
(Code 1970, § 12 ½ - 37; Ord. No. 2200, § 2(14-50), 10-8-84)
Sec. 12-52 – 12-65 Reserved.
ARTICLE III. FAIR HOUSING CODE.
Sec. 12-66. Policy on fair housing.
It is the policy of the city to eliminate discrimination and safeguard the rights of any person to sell, purchase, lease, rent, or obtain real property without regard to race, color, sex, disability, familial status or national origin.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-67. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section:
Aggrieved person shall include any person who is attempting to provide housing for himself and/or his family in the city.
Discriminate shall mean distinctions in treatment because of race, color, religion, sex, disability, family status, or national origin of any person.
Person shall include any individual, firm, partnership, or corporation.
(Ord. No. 3399, § 1, 1-11-99)
*Editor’s note – Ord. No. 3399, adopted Jan. 11, 1999, repealed and enacted a new Art. III. To read as set out herein. Former Art. III. Pertained to similar subject matter and derived from the 1970 Code and Ord. No. 2200, adopted Oct. 8, 1984.
Cross reference – Building and building regulations, Ch. 6.
State law reference – Discriminatory housing practices, RSMo 213.100 et seq.
Sec. 12-68. Discrimination in the sale or rental of housing.
It shall be unlawful for any person to:
(1) Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status, or national origin.
(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, disability, familial status, or national origin.
(3) Make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
(4) Represent to any person because of race, color, religion, sex, disability, familial status, or national origin, that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood or a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin.
(6) Discriminate in the sale or rental of housing on the basis of a disability of that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that buyer or renter. The design and construction of new multi-family dwellings containing four (4) or more units is required to meet certain adaptability and accessibility requirements in accordance with Section 804 of the Federal 1988 Fair Housing Amendments Act.
(7) Discriminate in the sale or rental of housing on the basis of familial status or because a family has children, exempting certain types of buildings that house older persons in accordance with Section 807 of the Federal 1988 Fair Housing Amendments Act.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-69. Discrimination in the financing of a house.
It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan to a person applying therefore for the purpose of purchasing, constructing, repairing, or maintaining a dwelling, or to discriminate against any person in the fixing of the amount or conditions of such loan, because of the race, color, religion, sex, disability, familial status, or national origin of such person, or of any person therein associated in connection with such financing.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-70. Administration.
(1) Any person who believes that he or she has been a victim of discrimination prohibited by this article may file a complaint with the city human relations commission, as set out in sections 12-26 through 12-51 of this chapter.
(2) Any person who believes that he or she has been a victim of discrimination prohibited by this article may file a complaint with the city prosecutor for violation of this article.
(3) The filing of a complaint with the human relations commission shall not prevent the filing of a complaint with the city prosecutor, nor shall the filing of a complaint with the city prosecutor prevent the filing of a complaint with the human relations commission.
(4) Nothing in this article shall be construed in such manner as to limit administrative enforcement mechanisms and recourse against alleged discriminatory housing practices through the U.S. Department of Housing and Urban Development, as specified under Section 810 of the Fair Housing Act as amended effective March 12, 1989, or through the Missouri Commission on Human Rights, as specified in applicable state statutes.
(Ord. No. 3399, § 1, 1-11-99)
Sec. 12-71. Penalties.
(1) Any person convicted of violating any provision of this article shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months or by both such fine and imprisonment; as may be just for any offense, recoverable with costs of suit.
(2) The city prosecutor, instead of filing a complaint in municipal court may, as an alternative remedy, seek to have the alleged discriminatory practice(s) abated by an action for an injunction to be maintained in the appropriate Circuit Court of the State of Missouri.
(Ord. No. 3399, § 1, 1-11-99)
Secs. 12-72 – 12-85. Reserved.
ARTICLE IV. PUBLIC ACCOMMODATIONS CODE*
*Cross reference-Railroads, Ch. 18.
Sec. 12-86. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section:
Handicapped shall mean a physical or mental impairment resulting in a disability unrelated to a person’s ability to utilize the existing public accommodation.
Places of public accommodation shall mean all places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages and accommodations for the peace, comfort, health, welfare and safety of the general public and such public places providing food, shelter, recreation and amusement including, but not limited to:
(1) Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) Any restaurant, cafeteria, lunchroom, lunchcounter, soda fountain or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment;
(3) Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;
(4) Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment;
(5) Any public facility owned, operated or managed by or on behalf of this city; and any such facility supported in whole or in part by public funds;
(6) Any establishment which is physically located within the premises of any establishment otherwise covered by this section or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.
(Ord. No. 2200, § 2(14-20), 10-8-84)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 12-87. Discrimination in public accommodation.
It is an unlawful discriminatory practice for any person, directly or indirectly:
(1) To refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services or privileges made available in any place of public accommodations, or to segregate or discriminate against any such person in the use thereof on the grounds of race, creed, color, religion, national origin, sex, ancestry or handicap. However, it shall not be an unlawful discriminatory practice for any place of public accommodation owned by or operated on behalf of a religious corporation, association or society to give preference in the use of such place to members of its own religious faith.
(2) To aid, abet, incite, compel or coerce the doing of any acts prohibited under this article dealing with public accommodation, or to attempt to do so:
(3) To retaliate or discriminate in any manner against any other person because he has opposed any practice prohibited by this article or because he has testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this article.
(Ord. No. 2200, § 2(14-21), 10-8-84)
Sec. 12-88. Establishments exempt.
The provisions of this article shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishments are made available to the customers or patrons of an establishment within the scope of the definition of the term “public accommodation.”
(Ord. No. 2202, § 2(14-22), 10-8-84)
Secs. 12-89 – 12-105. Reserved.
ARTICLE V. EMPLOYMENT PRACTICES CODE
Sec. 12-106. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them in this section:
Employer shall mean and include the city, or any persons employing six (6) or more persons within the state, and any person acting in the interests of any employer directly, but does not include corporations and associations owned and operated by religious or sectarian groups.
Employment agency shall mean and include any person or agency, public or private, regularly undertaking with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any person acting in the interest of such a person.
Handicapped means a physical or mental impairment resulting in a disability unrelated to a person’s ability to perform the duties of a particular job or position for which he would otherwise be eligible and qualified for employment or promotion.
(Ord. No. 2202, § 2(14-30), 10-8-84)
Cross Reference-Definitions and rules of construction generally, § 1-2.
Sec. 12-107. Discrimination in employment practices.
It shall be an unlawful employment practice:
(1) For an employer, because of the race, creed, color, religion, national origin, sex, ancestry or handicap of any individual:
a. To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment;
b. To limit, segregate or classify an employee in any way which would deprive or tend to deprive any such individual of employment opportunities or otherwise adversely affect his status as an employee;
(2) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination, because of race, creed, color, religion, national origin, sex, ancestry or handicap unless based upon a bona fide occupational qualification or for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, creed, color, religion, national origin, sex, ancestry or handicap, or to classify or refer for employment any individual on the basis of his race, creed, color, religion, national origin, sex, ancestry or handicap;
(3) For any employer or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified, or assisted in any proceeding under this chapter;
(4) For any person, whether an employer or an employee, or not, to aid, abet, incite, compel, or coerce the doing of any acts forbidden under this chapter, or to attempt to do so.
(Ord. No. 2200, § 2(14-31), 10-8-84)
Sec. 12-108. Exceptions to unlawful employment practices.
(a) Notwithstanding any other provision of this article, it shall not be an unlawful employment practice for any employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences or such systems are not the result of an intention or a design to discriminate, and are not used to discriminate, because of race, creed, color, religion, sex, national origin, ancestry or handicap, nor shall it be unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or action upon the results thereof, is not designed, intended or used to discriminate because of race, creed, color, religion, national origin, sex, ancestry or handicap.
(b) Nothing contained herein shall be interpreted to require any employer or employment agency to grant preferential treatment to any individual or to any group because of the race, creed, color, religion, national origin, sex, ancestry or handicap of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, creed, color, religion, national origin, sex, ancestry or handicap employed by any employer or referred or classified for employment by any employment agency, in comparison with the total number or percentage of persons of such race, creed, color, religion, national origin, sex, ancestry or handicap in the city.
(Ord. No. 2200, § 2(14-32), 10-8-94)
|