HomeMy WebLinkAbout4064-01/03/1995ORDINANCE NO. 4064
AN ORDINANCE AMENDING THE 1993 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING CHAPTER 20, HUMAN RELATIONS, AND
ENACTING IN LIEU THEREOF A NEW CHAPTER 20,
HUMAN RIGHTS COMMISSION.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Chapter 20, Human Relations, of the 1993 Code of Ordinances of
the City of Waterloo, Iowa, is hereby repealed in its entirety;
that new Chapter 20, Human Rights Commission, of the 1993 Code of
Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu
thereof as follows:
CHAPTER 20. HUMAN RIGHTS COMMISSION.
Sec. 20-1. PURPOSES. The purposes of the City of Waterloo in
enacting this Ordinance are:
(a) To secure for all individuals within the City of Waterloo
freedom from discrimination because of race, color, religion,
creed, sex, national origin, age, or mental or physical
disability in connection with employment, public
accommodations, housing, credit, and education; and thereby
to protect the personal dignity of these individuals, to
insure their full productive capacities, to preserve the
public safety, health, and general welfare, and to promote the
interests, rights and privileges of individual citizens within
the City of Waterloo.
(b) To provide for the execution within the City of Waterloo of
the policies embodied in the Iowa Civil Rights Act of 1965 and
in the Federal Civil Rights Act and to promote cooperation
between the City of Waterloo and the State and Federal
agencies enforcing those Acts.
(c) To provide, at the local level, a Commission on Human Rights
dedicated to the following: effective enforcement of this
Ordinance; service as a source of information to employers,
laborers, businessperson, employees, tenants, and other
citizens relative to various civil rights legislation and
regulations; and active assistance to prevent and eliminate
the effects of discriminatory practices.
Sec. 20-2. CONSTRUCTION. This Ordinance shall be construed
broadly to effectuate its purposes.
Sec. 20-3. DEFINITIONS. Unless indicated otherwise in this
Ordinance, the following will define the listed words and phrases:
(a) Affirmative action means a plan whereby a set of specific,
result -oriented procedures are established and to which a
'person" makes a commitment to apply every good faith effort.
The objective of those procedures is to enhance diversity and
ensure equal opportunity in public and private employment,
housing, public accommodation, credit transactions, and city
contracts.
(b) Bona fide occupational qualifications (BFOQ) means
discrimination on a prohibited basis is lawful only if it
results from a "bona fide occupational qualification"
essential to the normal operation of the employer's business
or enterprise. The "BFOQ" exception will be interpreted
narrowly and the burden of proving that a prohibited basis is
a "BFOQ" rests upon the party seeking to rely upon the
exception. Customer or employer preference or historical
usage, tradition, or custom or stereotyped characterizations
will not merit the exception.
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Ordinance No. 4064
Page 2
(c) Commission means the Waterloo Human Rights Commission created
by this chapter.
(d) Complainant means that person filing a compliant with the
Commission.
(e) Contract means any agreement which is awarded, let, procured,
or entered into with, or on behalf of, the city or any
awarding authority thereof.
(f) Contracting authority means any city department, agency,
commission authority, board or person, or any authorized
employee, officer or director of any of the foregoing,
including any purchasing agent of the city who makes or enters
into any contract agreement for the provisions of any goods or
services of any kind or nature whatsoever for and on behalf of
the city.
(g) Court means the district court in and for Black Hawk County,
Iowa, or any judge or magistrate of said court if the court is
not in session at that time.
(h) Director means the person selected pursuant to civil service
rules and regulations, recommended by the human rights
commission, appointed by the mayor, subject to approval by the
city council, who shall have such duties, powers and authority
as may be conferred upon her/him by the commission, subject to
the provisions of this chapter.
(i) Disability means, with respect to an individual:
(1) A physical or mental impairment that substantially limits
one or more of the major life activities of such
individual;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(j) Employee means any person employed by an employer.
(k) Employment agency means any person undertaking to procure
employees or opportunities to work for any other person or any
person holding himself or herself to be equipped to do so.
(1) Employer means the City of Waterloo or any political
subdivision, board, commission, department, institution, or
school district thereof, and every other person employing
employees within the city.
(m) Familial status means one or more individuals under the age of
eighteen (18) domiciled with either of the following:
(1) A parent or another person having legal custody of the
individual or individuals; or
(2) The designee of the parent or the other person having
custody of the individual or individuals, with the
written permission of the parent or other person.
(n) Labor organization means any organization which exists for the
purpose, in whole or in part, of collective bargaining, or
dealing with employers concerning grievances, terms, or
conditions of employment.
(o) Person means one (1) or more individuals, partnerships,
associations, corporations, legal representatives, trustees or
receivers. It also includes, but is not limited to any owner,
lender, builder, manager, broker, salesman, agent, employee or
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Ordinance No. 4064
Page 3
lending institution; and includes all political subdivisions
and agencies of the city and any commission, authority, board
or other instrumentality of government.
(p) Public accommodation means each and every place,
establishment, or facility of whatever kind, nature, or class
that caters or offers services, facilities, or goods to the
general public for a fee or charge, provided that any place,
establishment, or facility that caters or offers services,
facilities, or goods or the general public gratuitously shall
be deemed a public accommodation if the accommodation receives
any substantial governmental support or subsidy. Public
accommodation shall not mean any bona fide private club or
other place, establishment, or facility which is by its nature
distinctly private, except when such distinctly private place,
establishment, or facility caters or offers services,
facilities, or goods to the general public for fee or charge
or gratuitously, it shall be deemed a public accommodation
during such period. "Public accommodation" also includes each
state and local government unit or tax -supported district of
whatever kind, nature, or class that offers services,
facilities, benefits, grant or goods to the public,
gratuitously or otherwise. This paragraph shall not be
construed by negative implication or otherwise to restrict any
part or portion of the pre-existing definition of the term
"public accommodation".
The following private entities are considered public
accommodations for purposes of the Americans with Disabilities
Act, if the operations of such entities affect commerce:
(1) An inn, hotel, motel, or other place of lodging, except
for an establishment located within a building that
contains not more than five (5) rooms for rent or hire
and that is actually occupied by the propriety of such
establishment as the residence of such proprietor;
(2)
(3)
(4)
(5)
(6)
(•7)
(8)
(9)
A restaurant, bar, or other establishment serving food or
drink;
A motion picture house, theater, concert hall, stadium,
or other place of exhibition or entertainment;
An auditorium, convention center, lecture hall, or other
place of public gathering;
A bakery, grocery store, clothing store, hardware store,
shopping center, or other sales or rental establishment;
A laundromat, dry-cleaner, bank, barbershop, beauty shop,
travel service, shoe repair service, funeral parlor, gas
station, office of an accountant or lawyer, pharmacy,
insurance office, professional office of a health care
provider, hospital, or other service establishment;
A terminal, depot, or other
public transportation;
A museum, library, gallery,
display or collection;
station used for specified
or other place of public
A park, zoo, amusement park,
recreation;
or other place of
(10) A nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;
B90K 314mE486
Ordinance No. 4064
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(11) A day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social
service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or
other place of exercise or recreation.
(q) Referral means the process whereby the Iowa Civil Rights
Commission notifies the local commission that a complaint has
been filed with the state commission and that the state is
postponing its investigative activities for a period of sixty
(60) days while the local commission investigates and attempts
to resolve the matter.
(r) Respondent means that person against whom a complaint has been
tiled with the commission.
(s) Retaliation means any act directed at a complainant or other
person with the intent of affecting that person unfavorably
because of his or her formal or informal efforts to secure or
aid in securing compliance with this chapter.
(t) Unfair practice or discriminatory practice means those
practices specified as unfair or discriminatory in this
chapter.
Sec. 20-4. COMMISSION ON HUMAN RIGHTS.
(a) There is hereby established in the city government of the City
of Waterloo a Commission to be known as the Commission on
Human Rights, which Commission shall consist of ten (10)
members broadly representative of the community. Members of
said Commission shall be appointed by the Mayor of the City of
Waterloo and confirmed by the City Council of the City of
Waterloo, Iowa.
(b) Of the ten (10) members first appointed, three (3) shall be
appointed for one (1) year, four (4) shall be appointed for
two (2) years and three (3) shall be appointed for three (3)
years; thereafter all appointments shall be for three (3)
years. The Commission shall elect a chair and vice chair from
the members of the Commission. Any six (6) members shall
constitute a quorum, except when membership on the Commission
falls below ten (10) a quorum shall be the majority of those
serving. All members of the Commission shall serve without
compensation, but shall be reimbursed for necessary travel and
other expenses, out of the funds appropriated for the
Commission.
(c) The Mayor, subject to approval by the City Council, shall
appoint an executive director who shall not be a member of the
Commission. The executive director and the Commission staff
shall be compensated in such amounts as may be fixed by the
City Council. Additional personnel may be hired as is deemed
necessary to carry out the purposes of this ordinance
consistent with the funds appropriated for that purpose and
any gifts or grants which the Commission may receive from
other sources.
Sec. 20-5. POWER AND DUTIES. The Commission shall have the
following powers and duties.
(a) To hold meetings at intervals of not less than one per month
at a time and place to be determined by the Commission.
(b) To prescribe the duties of a director and such investigators
and other employees and agents as the.commission shall deem
necessary for the enforcement of this Ordinance.
BOOK 31.4 PA8
Ordinance No. 4064
Page 5
(c) To receive, investigate, and finally determine the merits of
complaints alleging unfair or discriminatory practices.
(d) To investigate and study the existence, character, causes and
extent of discrimination in public accommodations, employment,
apprenticeship programs, on-the-job training programs,
vocational schools, extension of credit, real estate,
financial transactions, and housing in this City and to
attempt the elimination of such discrimination by education
and conciliation.
(e) To subpoena books, papers, records, and any other real
evidence necessary to the investigation of any complaint filed
pursuant to this Ordinance.
(1) The executive director, or designee, shall
issue subpoenas.
(2) Before a subpoena is sought to determine whether the
agency should institute a contested case proceeding, the
Commission staff shall make a request in written form to
the person having possession of the requested material or
real evidence. The written request shall be hand
delivered by a member of the Commission staff or sent by
certified mail, return receipt requested. Where a person
fails to provide requested information a subpoena may be
issued.
A subpoena may be issued not less than one day after the
written request had been delivered to the person having
possession of the requested materials. Subpoenas may be
issued without prior oral or written requests where
notice of a pending public hearing has been issued.
(3) Every Subpoena shall state the name of the Commission,
the purpose for which the subpoena is issued, and the
name and address of the party on whose behalf it was
issued.
(4) The subpoena shall be directed to a specific person, or
their attorney, or an officer, partner, or managing agent
of any person who is not a natural person. The subpoena
shall command that person to produce designated books,
papers, or other real evidence under his or her control
at a specified time and place. Where a public hearing
has been scheduled, the subpoena may command the person
to whom it is directed to attend and give testimony.
(5) The subpoena shall be served either by personal service
or by an official authorized by law to serve subpoenas or
by any member of the Commission staff by delivery of a
copy thereof to the person named therein.
(6) Where service is accomplished by personal service, proof
of service will be acknowledgement of receipt by the
person served or by the affidavit of the person serving
the subpoena.
(7) Upon prompt petition by the person to whom the subpoena
is addressed, the executive director or designee may
quash or modify a subpoena where it is demonstrated by
the petitioner that reasonable cause exists to quash said
subpoena.
(8) Where a party fails to respond to a subpoena, the
executive director or designee may authorize the filing
of a petition for enforcement with the district court.
BOOK 314 488
Ordinance No. 4064
Page 6
(9) Subsequent to notification to a respondent of the
approval of a hearing upon the merits of complaint, legal
counsel, staff and respondent may employ pre -hearing
discovery measures set forth in the Iowa Administrative
Procedure Act, in addition to oral interviews and
informal requests for documents and other materials and
information.
(f) To hold hearings upon any complaint made against a person, an
employer, an employment agency, or a labor organization, or
the employees or members thereof, to subpoena witnesses and
compel their attendance at such hearings, to administer oaths
and take the testimony of any person under oath, and to compel
such persons, employer, employment agency, or labor
organization, or employees, or members thereof to produce for
examination any books and papers relating to any matter
involved in such complaint. The Commission shall issue
subpoenas for witnesses in the same manner and for the same
purposes on behalf of the respondent upon his request. Such
hearings may be held by the Commission or by any hearing
officer appointed by the Commission.
(g) To take the necessary remedial action as to the judgment of
the Commission, to carry out the purposes of this Ordinance.
For purposes of this subsection and pursuant to the provisions
of this Ordinance "remedial action" includes but is not
limited to the following:
(1) Hiring, reinstatement of upgrading.
(2) Admission or restoration of individuals to programs, and
admission to a public accommodation or an educational
institution.
(3) Sale, exchange, lease, rental, assignment or sublease of
real property to an individual.
(4) Payment to the complainant of damages for an injury
caused by the discriminatory or unfair practice which
damages shall include but are not limited to actual
damages, court cost and reasonable attorney fees, and the
issuance of an order requiring the respondent to cease
and desist from said practice.
(5) Reporting as to the manner of compliance.
(6) Posting notices in conspicuous places in the respondent's
place of business in form prescribed by the Commission
and inclusion of notice in advertising material.
(7) In addition to the remedies provided in the preceding
provisions of this subsection, the Commission may issue
an order requiring the respondent to cease and desist
from the discriminatory or unfair practice and to take
such affirmative action as in the judgment of the
Commission will carry out the purposes of this section as
follows:
(a) In the case of a respondent operating by virtue of
a license issued by the state or a political
subdivision or agency, if the Commission, upon
notice to the respondent with an opportunity to be
heard, determines that the respondent has engaged
in a discriminatory or unfair practice and that the
practice was authorized, requested, commanded,
performed or knowingly or recklessly tolerated by
the board of directors of the respondent or by an
officer or executive agent acting within the scope
of his or her employment, the Commission shall so
BOOK 314 PA89
Ordinance No. 4064
Page 7
certify to the licensing agency. Where the
licensing agency derives all or part of its
authority from this City, it shall be bound by the
Commission finding, unless it is reversed in the
course of judicial review. In the case of such a
municipal licensing agency, where such a
certification has been made, the licensing agency
may initiate licensee disciplinary procedures.
(b) In the case of a respondent who is found by the
Commission to have engaged in a discriminatory or
unfair practice in the course of performing under a
contract or subcontract with the State of political
subdivision or agency, if the practice was
authorized, requested, commanded, performed, or
knowingly or recklessly tolerated by the board of
directors of the respondent or by an officer or
executive agent acting within the scope of his or
her employment, the Commission shall so certify to
the contracting agency. The finding of
discrimination is binding on that contracting
authority, unless the Commission's finding of a
discriminatory or unfair practice is reversed in
the course of judicial review.
Upon receiving a certification made under this, a
contracting authority may take appropriate action
to terminate a contract or portion thereof
previously entered into with the respondent, either
absolutely or on condition that the respondent
carryout a program of compliance with provisions
of this Ordinance; and assist the State and all
political subdivisions and agencies thereof to
refrain from entering into further contracts.
(8) The election of an affirmative order under Paragraph
Seven CO of this subsection shall not bar the election
of affirmative remedies provided in Paragraphs One
through Six (1-6) of this subsection. The terms of a
conciliation agreement reached with the respondent may
require him or her to refrain in the future from
committing discriminatory or unfair practices of the type
stated in the agreement, to take remedial action as in
the judgement of the Commission will carry out the
purposes of this Ordinance and to consent to the entry in
an appropriate district court of a consent decree
embodying the terms of the conciliation agreement.
Violation of such a consent decree may be punished as
contempt by the court upon showing by the Commission of
the violation at any time within six months of its
occurrence. In all cases where a conciliation agreement
is entered into, the Commission shall issue an order
stating its terms and furnish a copy of the order persons
as the Commission deems proper. At any time in its
discretion, the Commission may investigate whether the
terms of the agreement are being complied with by the
respondent.
(h) To seek a temporary injunction against a respondent when
appears that a complainant may suffer irreparable injury as a
result of an alleged violation of this Ordinance. In the
event said respondent is the recipient of, or engaged in any
program or activity through grants, loans, contracts or
insurance from any Federal or State Agency, the Commission
shall seek to enjoin said Federal or State Agency, on a
temporary basis, from further engagement with said respondent.
A temporary injunction may only be sought ex parte, if the
complaint filed with the Commission alleges discrimination in
housing. In all other cases a temporary injunction may be
BOOK 314 PAGE 49.0
Ordinance No. 4064
Page 8
issued only after the respondent has been notified and
afforded the opportunity to be heard.
(i) To issue such publications and reports of investigations and
research as in the judgement of the Commission shall tend to
promote goodwill among the various racial, religious, ethnic,
and other groups within the City and which shall tend to
minimize or eliminate discrimination in public accommodations,
employment, apprenticeship and on-the-job training program,
vocational schools, housing, or credit because of race, creed,
color, sex, national origin, religion, disability or age.
(j) To prepare and transmit to the Mayor and to the City Council
from time to time, but not less often than once each year,
reports describing its proceedings, investigations, hearings
conducted and the outcome thereof, decisions rendered, and the
other work performed by the Commission.
(k) To make recommendations to the Mayor and City Council for such
further legislation as may be necessary and desirable, and to
adopt, publish, amend and rescind regulations consistent with
the necessary for the enforcement of this Ordinance.
(1) To cooperate, within the limits of any appropriations made for
its operation, with other agencies or organizations, both
public and private, whose purposes are consistent with those
of this Ordinance and in the planning and conducting of
programs designed to eliminate discrimination based on race,
color, religion, creed, national origin, sex, disability or
age.
(in) To receive, administer, dispense and account for any funds
that may be voluntarily contributed to the Commission and any
grants that may be awarded the Commission for furthering the
purposes of this Ordinance.
(n) To enter into contracts with Federal and State Civil Rights
agencies which would further the purposes of this Ordinance.
(o) To enter into contracts with Federal and State Civil Rights
agencies which would further the purposes of this Ordinance
and seek from the Equal Employment Opportunity Commission,
Housing and Urban Development, the U.S. and Iowa Civil Rights
Commission, the designation as a deferral agency, which shall
have legal precedence in all cases in its jurisdiction, except
where otherwise agreed, or where a complainant requests in
written form that the deferral agency not be notified.
Sec. 20-6. PUBLIC MEETING, RECORDS AND CONFIDENTIALITY.
(a) All meetings of the Commission shall be held in accordance
with Iowa Code Chapter 21 (1993), and any amendments thereto.
(b) All records of the Commission shall be in compliance with the
requirements of Iowa Code Chapter 22 (1993), and any
amendments thereto.
(c) No member of the Commission or its staff shall disclose the
filing of a complaint, the information gathered during the
investigation, or the endeavors to eliminate such
discriminatory or unfair practice by conference, conciliation,
or persuasion, unless such disclosure is made in connection
with the conduct of an investigation or after public hearing
is scheduled or district court action is commenced upon a
complaint tiled as provided in this Ordinance. This section
does not prevent any complainant, respondent, witness, or
other matter therein complained of. Any violation of this
section shall be punishable by a fine not to exceed one
hundred dollars.
BOOK 314 F491
Ordinance No. 4064
Page 9
Sec. 20-7. UNFAIR EMPLOYMENT PRACTICES.
(a) It shall be an unfair or discriminatory practice for any:
(1) Person to refuse to hire, accept, register, classify, or
refer for employment, to discharge any employee, or to
otherwise discriminate in employment against any
applicant for employment or any employee because of the
age, race, creed, color, sex, national origin, religion
or disability of such applicant or employee, unless based
upon the nature of the occupation. if a disabled person
is qualified to perform a particular occupation, by
reason of training or experience, the nature of that
occupation shall not be the basis for exception to the
unfair or discriminating practices prohibited by this
subsection.
(2) Labor organization or the employees, agents, or members
thereof to refuse to admit to membership any applicant,
to expel any member, or to otherwise discriminate against
any applicant for membership or any member in the
privileges, rights, or benefits of such membership
because of the age, race, creed, color, sex, national
origin, religion or disability of such applicant or
member.
(3) Employer, employment agency, labor organization, or the
employees, agents, or members thereof to directly or
indirectly advertise or in any other manner indicate or
publicize that individuals of any particular age, race,
creed, color, sex, national origin, religion or
disability are unwelcome, objectionable, not acceptable,
or not solicited for employment or membership unless
based on the nature of the occupation. If a disabled
person is qualified to perform a particular occupation by
reason of training or experience, the nature of that
occupation shall not be the basis for exception to the
unfair or discriminating practices prohibited by this
subsection.
An employer, employment agency, or their employees,
servants or agents may offer employment or advertise for
employment to only the disabled, when other applicants
have available to them, other employment compatible with
their ability which would not be available to the
disabled because of their handicap. Any such employment
or offer of employment shall not discriminate among the
disabled on the basis of race, color, creed, sex or
national origin.
(4) Person to solicit or require as a condition of employment
of any employee or prospective employee a test for the
presence of the antibody to the human immunodeficiency
virus or to affect the terms, conditions, or privileges
of employment or terminate the employment of any employee
solely as a result of the employee obtaining a test for
the presence of the antibody to the human
immunodeficiency virus. An agreement between an
employer, employment agency, labor organization, or their
employees, agents, or members and an employee or
prospective employee concerning employment, pay, or
benefits to an employee or prospective employee in return
for taking a test for the presence of the antibody to the
human immunodeficiency virus, is prohibited. The
prohibitions of this paragraph do not apply if the state
epidemiologist determines and the director of public
health declares through the utilization of guidelines
established by the center for disease control of the
United States department of health and human services,
BOOK 314 PAGE 492
Ordinance No. 4064
Page 10
that a person with a condition related to acquired immune
deficiency syndrome poses a significant risk of
transmission of the human immunodeficiency virus to other
persons in a specific occupation.
(b) Employment policies relating to pregnancy and childbirth shall
be governed by the following:
(1) A written or unwritten employment policy or practice
which excludes from employment applicants or employees
because of the employee's pregnancy is a prima facie
violation of this chapter.
(2) Disabilities caused or contributed to by the employee's
pregnancy, miscarriage, childbirth, and recovery
therefrom are, for all job-related purposes, temporary
disabilities and shall be treated as such under any
health or temporary disability insurance or sick leave
plan available in connection with employment. Written
and unwritten employment policies and practices involving
matters such as the commencement and duration of leave,
the availability of extensions, the accrual of seniority
and other benefits and privileges, reinstatement, and
payment under any health or temporary disability
insurance or sick leave plan, formal or informal, shall
be applied to a disability due to the employee's
pregnancy or giving birth, on the same terms and
conditions as they are applied to other temporary
disabilities.
(3) Disabilities caused or contributed to by legal abortion
and recovery therefrom are, for all job-related purposes,
temporary disabilities and shall be treated as such under
any temporary disability or sick leave plan available in
connection with employment. Written and unwritten
employment policies and practices involving matters such
as the commencement and duration of leave, the
availability of extensions, the accrual of seniority and
other benefits and privileges, reinstatement, and payment
under any temporary disability insurance or sick leave
plan, formal or informal, shall be applied to a
disability due to legal abortion on the same terms and
conditions as they are applied to other temporary
disabilities. the employer may elect to exclude health
insurance coverage for abortion from a plan provided by
the employer, except where the life the mother would be
endangered if the fetus were carried to term or where
medical complications have arisen from an abortion.
(4) An employer shall not terminate the employment of a
person disabled by pregnancy because of the employee's
pregnancy.
(5) Where a leave is not available or a sufficient leave is
not available under any health or temporary disability
insurance or sick leave plan available in connection with
employment, the employer of the pregnant employee shall
not refuse to grant to the employee who is disabled by
the pregnancy a leave of absence if the leave of absence
is for the period that the employee is disabled because
of the employee's pregnancy, childbirth, or related
medical conditions, or for eight weeks, whichever is
less. However, the employee must provide timely notice
of the period of leave requested and the employer must
approve any change in the period requested before the
change is effective. Before granting the leave of
absence, the employer may require that the employee's
disability resulting from pregnancy be verified by
medical certification stating that the employee is not
able to reasonably perform the duties of employment.
BOOK 314 PAGE 493
Ordinance No. 4064
Page 11
(c) This section shall not prohibit discrimination on the basis of
age if the person subject to the discrimination is under the
age of eighteen years, unless that person is considered by law
to be an adult.
(d) Notwithstanding the provisions of this section, a state or
federal program designed to benefit a specific age
classification which serves a bona tide public purpose shall
be permissible.
(e) This section shall not apply to age discrimination in bona
fide apprenticeship employment programs if the employee is
over forty-five years of age.
(f) This section shall not apply to:
(1) Any employer who regularly employees less than four
individuals. for purposes of this subsection,
individuals who are members of the employer's family
shall not be counted as employees.
(2) The employment of individuals for work within the home of
the employer if the employer or members of the employer's
family reside therein during such employment.
(3) The employment of individuals to render personal service
to the person of the employer or members of the
employer's family.
(4) Any bona fide religious institution or its educational
facility, association, corporation or society with
respect to any qualifications for employment based on
religions when such qualifications are related to a bona
fide religious purpose. A religious qualification for
instructional personnel or an administrative officer,
serving in a supervisory capacity of a bona fide
religious educational facility or religious institution,
shall be presumed to be a bona fide occupational
qualification.
[Reference Iowa Code §216.6.]
Sec. 20-8. UNFAIR PRACTICES - ACCOMMODATIONS OR SERVICES.
(a) It shall be an unfair or discriminatory practice for any
owner, lessee, sublessee, proprietor, manager, or
superintendent of any public accommodation or any agent or
employee thereof:
(1) To refuse or deny to any person because of age, race,
creed, color, sex, national origin, religion or
disability the accommodations, advantages, facilities,
services, or privileges thereof, or otherwise to
discriminate against any person because of age, race,
creed, color, sex, national origin, religion or
disability in the furnishing of such accommodations,
advantages, facilities, services, or privileges.
(2) To directly or indirectly advertise or in any other
manner indicate or publicize that the patronage of
persons of any particular age, race, creed, color, sex,
national origin, religion or disability is unwelcome,
objectionable, not acceptable, or not solicited.
(b) This section shall not apply to:
(1) Any bona fide religious institution with respect to any
qualifications the institution may impose based on
religion when such qualifications are related to a bona
fide religious purpose.
BOOK 314 r E 494
Ordinance No. 4064
Page 12
(2) The rental or leasing to transient individuals of less
than six rooms within a single housing accommodation by
the occupant or owner of such housing accommodation if
the occupant or owner or members of that person's family
reside therein.
[Reference Iowa Code §216.7.]
Sec. 20-9. UNFAIR OR DISCRIMINATORY PRACTICES - HOUSING.
(a) It shall be un unfair or discriminatory practice for any
person, owner, or person acting for an owner, of rights to
housing or real property, with or without compensation,
including but not limited to persons licensed as real estate
brokers or salespersons, attorneys, auctioneers, agents or
representatives by power of attorney or appointment, or any
person acting under court order, deed of trust, or will:
(1) To refuse to sell, rent, lease, assign, sublease, refuse
to negotiate, or to otherwise make unavailable, or deny
any real property or housing accommodation or part,
portion or interest therein, to any person because of the
age, race, color, creed, sex, religion, national origin,
disability, or familial status of such person.
(2) To discriminate against any person because of the
person's age, race, color, creed, sex, religion, national
origin, disability, or familial status, in the terms,
conditions or privileges of the sale, rental, lease
assignment or sublease of any real property or housing
accommodation or any part, portion or interest in the
real property or housing accommodation or in the
provision of services or facilities in connection with
the real property or housing accommodation.
For purposes of this section, "person" means one or more
individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual
companies, joint stock companies, trusts, unincorporated
organizations, trustees, trustees in cases under Title 11
of the United States Code, receivers, and fiduciaries.
(3) To directly or indirectly advertise, or in any other
manner indicate or publicize that the purchase, rental,
lease, assignment, or sublease of any real property or
housing accommodation or any part, portion or interest
therein, by persons of any particular age, race, color,
creed, sex, religion, national origin, disability or
familial status is unwelcome, objectionable, not
acceptable or not solicited.
(4) To discriminate against the lessee or purchaser of any
real property or housing accommodation or part, portion
or interest of the real property or housing
accommodation, or against any prospective lessee or
purchaser of the property or accommodation, because of
the age, race, color, creed, religion, sex, disability,
age or national origin of persons who may from time to
time be present in or on the lessee's or owner's premises
for lawful purposes at the invitation of the lessee or
owner as friends, guests, visitors, relatives or in any
similar capacity.
(b) A person shall not induce or attempt to induce another person
to sell or rent a dwelling by representations regarding the
entry or prospective entry into a neighborhood of a person of
a particular age, race, color, creed, sex, religions, national
origin, disability, or familial status.
BOOK 314 PiCE 495
Ordinance No. 4064
Page 13
(c) A person shall not represent to a person of a particular age,
race, color, creed, sex, religion, national origin,
disability, or familial status that a dwelling is not
available for inspection, sale, or rental when the dwelling is
available for inspection, sale, or rental.
(d) (1) A person shall not discriminate in the sale or rental or
otherwise make unavailable or deny a dwelling to a buyer
or renter because of a disability of any of the following
persons: That buyer or renter; a person residing in or
intending to reside in that dwelling after it is sold,
rented, or made available; and/or a person associated
with that buyer or renter.
(2) A person shall not discriminate against another person in
the terms, conditions, or privileges of sale or rental of
a dwelling or in the provisions of services or facilities
in connection with the dwelling because of a disability
of any of the following persons: That person, a person
residing in or intending to reside in that dwelling after
it is sold, rented, or made available; and/or a person
associated with that person.
(3) For the purposes of this subsection only, discrimination
includes any of the following circumstances:
A refusal to permit reasonable modifications of
existing premises occupied or to be occupied by the
person if the modifications are necessary to afford
the person full enjoyment of the premises.
In the case of a rental, a landlord may, where
reasonable to do so, condition permission for a
modification on the renter's agreement to restore
the interior of the premises to the condition that
existed before the modification, reasonable wear
and tear excepted.
ii. A refusal to make reasonable accommodations in
rules, policies, practices, or services, when the
accommodations are necessary to afford the person
equal opportunity to use and enjoy a dwelling.
iii. In connection with the design and construction of
covered multifamily dwellings for first occupancy
after January 1, 1992, a failure to design and
construct those dwellings in a manner that meets
the following requirements:
The public use and common use portions of the
dwellings are readily accessible to and usable by
disabled persons;
All doors designed to allow passage into and within
all premises within the dwellings are sufficiently
side to allow passage by disabled persons in
wheelchairs; and
All premises within the dwellings contain the
following features of adaptive design:
An accessible route into and through the
dwelling;
Light switches, electrical outlets,
thermostats, and other environmental controls
in accessible locations;
BOOK 314 PIN:496
Ordinance No. 4064
Page 14
Reinforcements in bathroom walls to allow
later installation of grab bars; and
Usable kitchens and bathrooms so that a person
in a wheelchair can maneuver about the space.
(4) Compliance with the appropriate requirements of the
American national standard for buildings and facilities
providing accessibility and usability for physically
handicapped people, commonly cited as "ANSI A 117.1",
satisfies the requirements of paragraph (3)(iii) above.
(5) Nothing in this subsection requires that a dwelling be
made available to a person whose tenancy would constitute
a direct threat to the health or safety of other persons
or whose tenancy would result in substantial physical
damage to the property of others.
(e) (1) A person whose business includes engaging in residential
real estate related transactions shall not discriminate
against a person in making a residential real estate
related transaction available or in terms or conditions
of a residential real estate related transaction because
of age, race, color, creed, sex, religion, national
origin, disability, or familial status.
(2) For the purpose of this subsection, "residential real
estate related transaction" means any of the following:
i. To make or purchase loans or provide other
financial assistance to purchase, construct,
improve, repair, or maintain a dwelling, or to
secure residential real estate.
ii. To sell, broker, or appraise residential real
estate.
(f) A person shall not deny another person access to, or
membership or participation in, a multiple -listing service,
real estate brokers' organization or other service,
organization, or facility relating to the business of selling
or renting dwellings, or discriminate against a person in
terms or conditions of access, membership, or participation in
such organization because of age, race, color, creed, sex,
religion, national origin, disability, or familial status.
[Reference Iowa Code §§216.8, 216.8A.)
Sec. 20-10. UNFAIR CREDIT PRACTICES.
(a) It shall be an unfair or discriminatory practice for any:
(1) Creditor to refuse to enter into a consumer credit
transaction or impose finance charges or other terms or
conditions more onerous than those regularly extended by
that creditor to consumers of similar economic
backgrounds because of age, color, creed, national
origin, race, religion, marital status, sex, physical
disability, or familial status.
(2) Person authorized or licensed to do business in the State
of Iowa pursuant to Iowa Code Chapters 524, 533, 534,
536, or 536A to refuse to loan or extend credit or to
impose terms or conditions more onerous than those
regularly extended to persons of similar economic
backgrounds because of age, color, creed, national
origin, race, religion, marital status, sex, physical
disability, or familial status.
BOOK 314 f E 497
Ordinance No. 4064
Page 15
(3) Credit to refuse to offer credit life or health and
accident insurance because of color, creed, national
origin, race, religion, marital status, age, physical
disability, sex, or familial status. Refusal by a
creditor to offer credit life or health and accident
insurance based upon the age or physical disability of
the consumer shall not be an unfair or discriminatory
practice if such denial is based solely upon bona fide
underwriting considerations not prohibited by title XIII,
subtitle 1.
(b) The provisions of this section shall not be construed by
negative implication or otherwise to narrow or restrict any
other provisions of this chapter.
[Reference Iowa Code §216.10.]
Sec. 20-11. AIDING OR ABETTING.
It shall be an unfair or discriminatory practice for:
(a) Any person to intentionally aid, abet, compel, or coerce
another person to engage in any of the practices declared
unfair or discriminatory by this Ordinance.
(b) Any person to discriminate against another person in any of
the rights protected against discrimination on the basis of
age, race, creed, color, sex, national origin, religion or
disability by this Ordinance because such person has lawfully
opposed any practice forbidden under this Ordinance, obeys the
provisions of this Ordinance, or has filed a complaint,
testified, or assisted in any proceeding under this Ordinance.
An employer, employment agency, or their employees servants or
agents may offer employment or advertise for employment to
only the disabled so long as other applicants have available
to them other employment compatible with their ability which
would not be available to the disabled because of their
handicap. Any such employment or offer of employment shall
not discriminate among the disabled on the basis of race,
color, creed, sex or national origin.
Sec. 20-12. UNFAIR OR DISCRIMINATORY PRACTICES - EDUCATION.
It shall be an unfair or discriminatory practice for any
educational institution to discriminate on the basis of sex in any
program or activity. Such discriminatory practices shall include,
but not be limited to, the following practices:
(a) On the basis of sex, exclusion of a person or persons from
participation in, denial of the benefits of, or subjection to
discrimination in any academic, extracurricular, research,
occupational training, or other program or activity except
athletic programs.
(b) On the basis of sex, denial of comparable opportunity in
intramural and interscholastic athletic programs.
(c) On the basis of sex, discrimination among persons in
employment and the conditions thereof.
(d) On the basis of sex, the application of any rule concerning
the actual or potential parental, family or marital status of
a person, or the exclusion of any person from any program or
activity or employment because of pregnancy or related
conditions dependent upon the physician's diagnosis and
certification.
For the purpose of this section "educational institution" includes
any public preschool, elementary, secondary, or merged area school
or area education agency and their governing boards. Nothing in
BOOK 314 Par,F 498
Ordinance No. 4064
Page 16
this section shall be construed to prohibit any educational
institution from maintaining separate toilet facilities, locker
rooms or living facilities for the different sexes so long as
comparable facilities are provided.
Sec. 20-13. SEX OR AGE PROVISIONS NOT APPLICABLE TO RETIREMENT
PLANS.
The provisions of this ordinance relating to discrimination because
of age do not apply to a retirement plan or benefit system of an
employer unless the plan or system is a mere subterfuge adopted for
the purpose of evading this ordinance.
(a) However, a retirement plan or benefit system shall not require
the involuntary retirement of a person under the age of
seventy because of that person's age. This paragraph does not
prohibit the following:
(1) The involuntary retirement of a person who has attained
the age of sixty-five and has for the two prior years
been employed in a bona fide executive or high policy-
making position and who is entitled to an immediate,
nonforfeitable annual retirement benefit from a pension,
profit-sharing, savings or deferred compensation plan of
the employer which equals twenty-seven thousand dollars.
This retirement benefit test may be adjusted according to
the regulations prescribed by the United States secretary
of labor pursuant to Public Law 95-256, section 3.
(2) the involuntary retirement of a person covered by a
collective bargaining agreement which was entered into by
a labor organization and was in effect on September 1,
1977. This exemption does not apply after the
termination of that agreement or January 1, 1980,
whichever first occurs.
(b) A health insurance program provided by an employer may exclude
coverage of abortion, except where the life of the mother
would be endangered if the fetus were carried to term or where
medical complications have arisen from an abortion.
(c) An employee welfare plan may provide life, disability or
health insurance benefits which vary by age based on actuarial
differences if the employer contributes equally for all the
participating employees or may provide for employer
contributions differing by age if the benefits for all the
participating employees do not vary by age.
(Reference Iowa Code §216.13.1
Sec. 20-14. RETALIATION.
(a)' It shall be an unfair or discriminatory practice for any
person to discharge, harass, penalize, or otherwise retaliate
against an individual because of that individual's attempts to
secure compliance with this Ordinance or the remedies provided
hereunder.
(b) It shall be an unfair or discriminatory practice for any
person to discharge, harass, penalize or otherwise retaliate
with respect to employment, housing, public accommodations or
financial practices against any individual because of that
individual's association with persons of a particular race,
religion, creed, color, national origin, or sex, disability or
age.
BOOK 314 rarE 499
Ordinance No. 4064
Page 17
Sec. 20-15. COMPLAINT PROCEDURES.
(a) A person claiming to be aggrieved by a discriminatory
practice, his agent, the director of the Commission, the City
Attorney, or a non-profit organization with a purpose of
combating discrimination may file with the Commission a
written complaint stating that a discriminatory practice has
been committed, setting forth the facts upon which the
complaint is based, and setting forth facts sufficient to
enable the Commission to identify the person charged
(hereinafter the respondent). A member of the Commission
staff or one or more members of the Commission, as appointed
by the Chairperson, shall promptly investigate the allegations
of discriminatory practice set forth in the complaint and
shall promptly furnish the respondent with a copy of the
complaint. Prior to investigation, complainant and respondent
may agree to mediation.
(b) The complaint must be filed within one hundred eighty (180)
days after the alleged discriminatory practice occurs. A
complaint filed with the Iowa Civil Rights Commission under
the provisions of the Iowa Civil Rights Act shall be
sufficient for the purposes of this Ordinance, if it alleges
discriminatory acts within this city.
(c) If it is determined after investigation that no probable cause
exists for such complaint, the Commission shall forthwith
notify the complainant and the respondent of such
determination and the case shall be closed with the
Commission.
(d) If it is determined after investigation that probable cause
exists for crediting the allegations of the complaint, the
Commission staff shall promptly proceed with conciliation.
(e) The Commission shall notify the Iowa Civil Rights Commission
whenever any finding has been made with respect to any case
within their jurisdiction or whenever such case is otherwise
closed.
(f) The complaint may be amended at any time prior to the
scheduling of the complaint for a public hearing, and
thereafter, only upon the consent of the person or persons
conducting the hearing. Such leave shall be freely given when
justice so requires.
Sec. 20-16. CONCILIATION.
(a) Prior to a finding of probable cause, the person investigating
the complaint may enter into the mediation process with the
respondent at the respondent's request where the investigation
has been sufficient for the investigator to determine adequate
remedies for the alleged discrimination.
(b) After a finding of probable cause, the respondent shall be
promptly notified in writing of the finding and shall be
informed of his/her right to conciliate. The notification
shall further contain a suggested place, date, and time for
the conciliation meeting.
(c) Where the conciliation results in an agreement between the
respondent and the Commission, the agreement shall be in
writing and shall be signed by the respondent or the
respondent's representatives and by the director of the
Commission. The director shall consult with the complainant
prior to signing the agreement, and should the complainant
object to the agreement, the agreement must be presented to
the Commission for its approval before the agreement may be
signed. The complainant shall be given an opportunity to
BOOK 314 PAH 500
Ordinance No. 4064
Page 18
state the reasons for dissatisfaction to the Commission. Such
reasons shall be reduced to writing.
(d) If, after attempts to conciliate, the person or persons
directed to conciliate shall find that conciliation efforts
have failed, such failure shall be reported in writing to the
Commission. If the Commission determines the charge to be
well founded, it will promptly schedule the matter for public
hearing. If the Commission determines the charge not be well
founded, it shall declare the case closed and shall so notify
the Iowa State Civil Rights Commission of the failure to
conciliation efforts and of the action taken.
Sec. 20-17. PUBLIC HEARING.
(a) After the Commission has voted to take a complaint to public
hearing, the Commission shall serve on the respondent by
registered or certified mail a written notice, together with
a copy of the complaint as it may have been amended, requiring
the respondent to answer in writing the allegations of the
complaint at a hearing before one or more members of the
Commission or a hearing officer at a time and place specified
in the notice. A copy of the notice shall be furnished to the
complainant, the Iowa Civil Rights Commission, and such other
public officers and such other persons as the Commission deems
proper.
(b) The notice shall include:
(1) A statement of the time, place, and nature of the
hearing.
(2) A statement of the legal authority and jurisdiction under
which the hearing is to be held.
(3) A reference to the particular sections of the Ordinance
and rules involved.
(4) A short and plain statement of the matters asserted. If
the Commission is unable to state the matters in detail
at the time that the notice is served, the initial notice
may be limited to a statement of the issues involved.
(c) The hearing will be conducted by the Commission, or by a
hearing officer appointed by the Commission.
(d) No person shall take part in the conducting of the hearing who
has any personal interest in its outcome or who has taken part
in the investigation of the complaint or has taken a position
as to whether discrimination occurred with respect to the
matter in question. No commissioner who would be disqualified
under the above criteria shall take part in any vote or
discussion by the Commission with respect to the complaint.
(e) If a party fails to appear in a contested case proceeding
after proper service of notice, the person(s) conducting the
hearing may proceed and make a decision in the absence of the
party.
(f) Opportunity shall be afforded all parties to respond and
present evidence and argument on all issues involved and to be
represented by counsel at their own expense. The case for the
Commission may be presented by any member of the Commission
staff or by an attorney from the City Attorney's office. The
hearing need not be bound by the strict rules of evidence, but
the admission of evidence should be based on sound discretion
as represented in the Iowa Administrative Procedure Act.
17A.14(1).
BOOK 314 rrGE501
Ordinance No. 4064
Page 19
17A.14(1). "Irrelevant, immaterial, or unduly
repetitious evidence should be excluded. A
finding shall be based upon the kind of
evidence on which reasonably prudent persons
area accustomed to rely for the conduct of
their serious affairs, and may be based upon
such evidence even if it would be inadmissible
in a jury trial. Agencies shall give effect
to the rules of privilege recognized by law.
Objections to evidentiary offers may be made
and shall be noted in the record. Subject to
these requirements, when a hearing will be
expedited and the interests of the parties
will not be prejudiced substantially, any part
of the evidence may be required to be
submitted in verified written form."
(g) The record in a case shall include:
(1) All pleadings, motions, and intermediate rulings.
(2) All evidence received or considered and all other
submissions.
(3) A statement of all matters officially noticed.
(4) All questions and offers of proof, objections, and
rulings thereon.
(5) All proposed findings and exceptions.
(h) Oral proceedings shall be open to the public and shall be
recorded either by mechanized means or by certified shorthand
reporter. Oral proceedings or any part thereof shall be
transcribed at the request of any party with the expense of
the transcription charged to the requesting party. The
recording or stenographic notes of oral proceedings or the
transcription thereof shall be filed with and maintained by
the Commission for at least five years from the date of
decision. Notice of public hearing shall be disseminated
among local news media at least five days prior to the date of
the hearing.
(i) Findings of fact shall be based solely on the evidence in the
record and on matters officially noticed in the record.
(j) The person(s) conducting the hearing will make written
findings of fact and conclusions of law, will state in writing
their determination as to whether or not the respondent
discriminated against the complainant, and their recommended
disposition, including remedies provided under Section 4(f) of
this Ordinance.
(k) If the decision under Section (j) is made by a hearing
officer, the Commission shall vote as to whether to adopt,
modify or overrule the written findings and proposed remedies.
Their decision shall be by a majority of those present and
voting. Thereupon the Commission shall issue a ruling either
incorporating the proposed findings and remedies as its own
stating the Commission's decision, including separate findings
and remedy. Decisions shall be sent by certified mail to the
parties of record. For the purposes of Section 17, the date
of mailing shall be considered the date of the Commission's
decision.
17A.15(3). "When the presiding officer makes
a proposed decision, that decision then
becomes the final decision of the agency
without further proceedings unless there is an
appeal to, or review on motion of, the agency
BOOK 314 PALE 502
Ordinance No. 4064
Page 20
within the time provided by rule. On appeal
from or review of the proposed decision, the
agency has all the power which it would have
in initially making the final decision except
as it may limit the issues on notice to the
parties or by rule. In cases where there is
an appeal from a proposed decision or where a
proposed decision is reviewed on motion of the
agency, an opportunity shall be afforded to
each party to file exceptions, present briefs
and, with the consent of the agency, present
oral arguments to the agency members who are
to render the final decision."
Sec. 20-18. JUDICIAL REVIEW.
(a) Any aggrieved party of record shall have the right to obtain
judicial review by filing a petition for judicial review in
the district court in and for Black Hawk County in which the
alleged discriminatory or unfair practice was committed, or to
the County in which any respondent resides or transacts
business.
(b) Said proceedings shall be initiated by the filing of a
petition within thirty (30) days after the Commission has
issued or refused to issue a final order. Service of the
petition shall be made pursuant to Section 17A.19. Code of
Iowa (1983). Thereafter, Chapter 17A, Code of Iowa (1983),
and any amendments thereto, shall control the proceedings for
judicial review.
(c) If no proceeding to obtain judicial review is instituted
within thirty (30) days from the service of an order of the
Commission under this Section, the Commission may obtain an
order of the court for the enforcement of such order upon the
showing that respondent is subject to the jurisdiction of the
Commission and resides or transacts business within the County
in which the petition for enforcement is brought.
(d) Appeal from the district court may be taken as in other civil
cases, regardless of the amount involved.
Sec. 20-19. SIXTY DAY ADMINISTRATIVE RELEASE.
(a) A person claiming to be aggrieved by an unfair or
discriminatory practice must initially seek an administrative
relief by filing a complaint with the Commission in accordance
with the chapter. A complainant, after the proper filing a
complaint with the Commission, may subsequently commence an
action for relief in the district court if all of the
following conditions have been satisfied:
(1) The complainant has timely filed the complaint with the
Commission as provided in this chapter; and
(2) The complaint has been on file with the Commission for at
least sixty (60) days and the Commission has issued a
release to the complainant pursuant to subsection (b) of
this section.
(b) Upon a request by the complainant, and after the expiration of
sixty (60) days from the timely filing of a complaint with the
Commission, the Commission shall issue to the complainant a
release stating that the complainant has a right to commence
an action in the district court. A release under this
subsection shall not be issued if a finding of no probable
cause has been on the complaint, a conciliation agreement has
been executed, or the Commission has served notice of hearing
upon the respondent pursuant to this chapter.
BOOK 314 PA r, E 503
Ordinance No. 4064
Page 21
(c) An action authorized under this section is barred unless
commenced within ninety (90) days after issuance by the
Commission of a release under (b) of this section or within
one (1) year after the filing of the complaint, whichever
occurs first. If a complainant obtains a release from the
Commission under subsection (b) of this section, the
Commission shall be barred from further action on that
complaint.
Sec. 20-20. REPEALER.
All ordinances in conflict herewith are hereby repealed insofar as
they do so conflict.
Sec. 20-21. SEVERABILITY.
In any section, provision or part of this Ordinance shall be
adjudged to be invalid or unconstitutional, this adjudication shall
not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
December 12, 1994
December 12, 1994
December 19, 1994
January 3, 1995
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 3rd day of January, 1995, and approved by
the Mayor on the 5th day of January, 1995.
ATTEST:
5>dhaLL_)
usan Fangman,
291,-)
ty Clerk
Joh, R. "oof , Mayor
CERTIFICATE
I, Susan Fangman, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4064, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 3rd day of January, 1995.
1995.
Witness my hand and seal of office this 5th day of January,
•
v k:
Susan Fangman, CitGt lerk
BOOK 31.9 atrc504
12326
Misc
INDEX C? ) BLACK HAWK COUNTY IOWA:SS
Filed for record Feb 8 1995,
MARGIN at 1:30 P M, and recorded in ?
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sit I sick leave plan, formal or informal, inspection, Fe
he` shall be applied to disability due 1, sada'ling is or rental.mlable fa
he I to the employee's pregnancy or giv- d I A person shall i
mg birth, on the same terms and nate 1n thsale or rel
ts, ' conditions as they are app ie
other temporary disabilities.
ha I 3){ Disabilities caused or con-
Inbuted to by legal abortion and
ia I recovery thsrslrom are, for all 1 b' renter, parson
rrelated purposed temporary dsuchiI intending to reside inn
A. ods and shall be treated as I aver it pis sold, rent€
be I under any available
disabi ity or available; and/or a per
arm I sick leave plan employment.
connate ed with that buyer or re
Bas : tion with employment. Wlrittes and �' (z1
a such as
wise make Unavaiiabl
dwelling to buyth
because of a disabiry•
following persons Tt
A person shall m#
against
It I 'n m hong policies another pe
hon practices Involving matters terms conditions, or
the I the commencement and duration of sate or rental of aor
and I leave, the availability seniority
t extensions, ions of Services':
j and other saleo
be the accrue id f se loony ehinstate- connectionwith t
because of a disabirrdfli
following persons; *It
person residing in at
reside in that dwelit
sold, rented, or
mi
ass
thtlfor a person
at person.
(3) For the purposes
lion only, discnmind
any of the following
morefusal to perm
modifications of axis
ccupied or to be oat
person if the modifier
essary to afford to
inloyment of the pre(
n the case of a the
FLO
and mment, and payment der any tem-'
d I pinery disability nectarine or sick
fthr
e Ileave pan formal or informal, shalt
nate be applied to a disability due to
(mei, i legal abortion on the same terms
)UPS I and conditions as they are applied
tend I to other temporary disabilities. The
'load' ! employer may elect to exclude
o
health insurance coveragefor abor-
and tion from a Wan provided by the
race- employer, except where the fife the
rcetlit mother would be endangered if me
sax, fetus were carried to term or where
ti' 01 medical complications have arisen
from an abomon. -
(4) An employer shall ntterminate
the employment of a person dis-
abled where reason
by pregnancy because of the I may, condition etmissiort
employees pregnancy. con on the missio
(51 Where a leave is not available restore the interiortC
of a sufficient leave is not available i to the the tthat
under any health or temporary toe mucification, res
• ility insurance or sick leave lan ` and tear excepted.
available in connection with it.AA refusal to me
• pnan em, theshall nemployer of the modauons in
t employee shall not refuse aractices, or seryl
pregnant
to the employee who is ds., accommodations es
abled by the pregnancy a leave of I accrd the person e
absence d the leave of absence is to use and enjoy a
for the period that the employee is iii. In connection t
disabled because at he employee's and construction d
Pregnancy, childbirth, or re
eight I family tlwel Ings Tor
adical conditions, or Sitar Jan ary 1, ti
asks, whichever is less. Howevey I design and cat
ilia notice
of eh must vioi leave I dwellings.
w lloiinngs. h a Wit
n tics f he periodeg req
requested and the employer must
I The public use ar
approve
uest any change in the p ery, ons a the dw8
requested before the change Es accessible to ant"
shied persons;
All doors designed
into and within all
the dwellings are
allow passage by
An wheelchairs; ate
ll premises with
contain the lollot
adaptive des' n
o the
!from
than
ming
lions,
aut-
lated,
ed by
)ns to
rrsuch
ROWS-
adopt,
regularessary
Il
t this
fifs of
or its
cies or
ind pili
lilinnsis-
ance
ducting
minate
Di color,
lin, sex,
er, dis-
y lands
* bated
y grants
ad the
the put-
edeonva. Before granting
of absence, the ,employer may
,employ y
require that the employee's disabili-
su ty from pregnancy be veil-
hre
had by medical certification stating
that the employee f mslhe dutiele tos
eo ployment , g
(} Th s section shall not prohibitb
the poison s on the basis of age it
b ed to the &coil* I An a le
the pe son .4 s- 9770 of Biahtaan thropgh the Ri el
552.72
Subscribed and sworn to before me this
(
Signed
So Fi'1 day of
A.D., 19 Z.
Received of
'561 4711
Notary Public
the sum of
in full for publication of the above notice.
•
Dollars