HomeMy WebLinkAbout3630-03/27/1989 ORDINANCE NO. 3630
AN ORDINANCE AMENDING CHAPTER 20 , HUMAN RELATIONS, OF THE
1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA:
BY REPEALING SUBSECTION ( j ) DISABILITY OF SECTION 20-3 ,
DEFINITIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION
( j ) DISABILITY TO SECTION 20-3 , DEFINITIONS; AND
BY ADDING SUBSECTIONS ( 8 ) AND ( 9) TO SUBSECTION (b) ,
EXCEPTIONS, OF SECTION 20-7 , UNFAIR EMPLOYMENT PRACTICES; AND
BY ADDING SUBSECTION ( 3 ) TO SUBSECTION (b) , EXCEPTIONS, OF
SECTION 20-8, UNFAIR PRACTICES - ACCOMMODATIONS OR SERVICES;
AND
BY ADDING SUBSECTIONS ( 6 ) , ( 7 ) AND ( 8 ) TO SUBSECTION (e) ,
EXCEPTIONS, OF SECTION 20-9 , UNFAIR OR DISCRIMINATORY
PRACTICES - HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
as follows:
That Subsection ( j ) Disability of Section 20-3 , Definitions,
of Chapter 20, Human Relations, of the 1988 Code of Ordinances of
the City of Waterloo, Iowa, is hereby repealed in its entirety;
that a new Subsection ( j ) Disability of Section 20-3 , Definitions ,
of Chapter 20, Human Relations, of the 1988 Code of Ordinances of
the City of Waterloo, Iowa, is hereby enacted in lieu thereof as
follows:
( j ) "Disability" means the physical or mental condition of a
person which constitutes a substantial handicap. In reference to
employment, under this Ordinance, "disability" also means the
physical or mental condition of a person which constitutes a
substantial handicap, but is unrelated to such person' s ability to
engage in a particular occupation. "Disability" also means the
physical condition of a person who has or is perceived to have
Acquired Immune Deficiency Syndrome (AIDS) , Human Immunodeficiency
Virus (HIV) , or Aids Related Complex (ARC) , including a person who
tests positive for HIV antibodies but shows no symptoms.
That Subsections ( 8 ) and ( 9 ) are hereby added to Subsection (b) of
Section 20-7, Unfair Employment Practices, to Chapter 20 , Human
Relations, of the 1988 Code of Ordinances of the City of Waterloo,
Iowa, as follows:
Sec. 20-7. UNFAIR EMPLOYMENT PRACTICES.
(b) This section shall not apply to:
( 8) Nothing contained in this section shall be deemed
to prohibit selection, rejection, or dismissal based upon a
bona fide occupational qualification, provided however that
an employer shall make reasonable accommodation to the
AIDS-related physical handicap of an employee suffering from
AIDS, an AIDS-related condition, if the employer knows of the
AIDS-related physical handicap, unless the employer can
demonstrate that the accommodation would impose an undue
hardship.
( 9) It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a bona fide
employee benefit system, provided such systems or plans are
not a subterfuge to evade the purpose of this section;
provided further that no such system shall provide an excuse
for failure to hire any person.
f'tn
[BOOK r,}4 Pla to
Ordinance No. 3630
Page 2
That Subsection ( 3 ) is hereby added to Subsection (b) of Section
20-8, Unfair Practices - Accommodations or Services, of Chapter
20 , Human Relations, of the 1988 Code of Ordinances of the City of
Waterloo, Iowa, as follows:
Sec. 20-8 . UNFAIR PRACTICES - ACCOMMODATIONS OR SERVICES.
(b) This section shall not apply to:
( 3 ) Nothing in this section shall apply to any blood
bank, blood donation facility, sperm bank, sperm donation
facility, organ donation facility, surrogate mother or
surrogate mother facility, or to any like service facility or
establishment engaged in the exchange of products containing
elements of blood or sperm.
That Subsections ( 6 ) , (7 ) and ( 8) are hereby added to
Subsection (e) of Section 20-9 , Unfair or Discriminatory Practices
- Housing, of Chapter 20, Human Relations, of the 1988 Code of
Ordinances of the City of Waterloo, Iowa, as follows:
Sec. 20-9 . UNFAIR OR DISCRIMINATORY PRACTICES - HOUSING.
(e) The provision of this section shall not apply to:
( 6) Nothing in this section shall be construed to apply
to the rental, leasing, or sale of any housing unit in which
the owner or lessor or any member of his or her family
occupies the same living unit in common with the prospective
tenant.
(7 ) Nothing in this section shall be deemed to permit
any rental or occupancy of any dwelling unit or commercial
space otherwise prohibited by law.
( 8) Nothing in this section shall be deemed to require
the renting of units and/or dormitories reserved for the
housing of students to non-student persons having the medical
condition of AIDS, has an AIDS-related condition, is a
carrier of the AIDS virus, or is perceived as any of the
above.
INTRODUCED: March 27 , 1989
PASSED 1ST CONSIDERATION: March 27, 1989
PASSED 2ND CONSIDERATION: March 27, 1989
PASSED 3RD CONSIDERATION: March 27 , 1989
Passed and adopted by the City Council of the City of
Waterloo, Iowa, on the 27th day of March, 1989, and approved by
the Mayor on the 29th day of March, 1989.Bernard L. cKinley, Mor
ATTEST:
L r . Hrger, C' Clerk/Auditor
;,.��J r`
BOOK .�U4 PAGE 5 3
Ordinance No. 3630
Page 3
CERTIFICATE
I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy
of Ordinance No. 3630 , as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 27th day of March, 1989 .
Witness my hand and seal of office this 29th day of March,
1989 .
r,er, C' t _le_ Auditor
COMPARED091
PAGEok
// 1 341O
BLACK HAWK COUNTY, IOWA:SS
Filed for record4ELL19 19
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Recorder
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BOOK l..,u4 FACE 54
STATE OF IOWA, 5S I do solemnly sa. ar that the annexed copy of Legal
•
Black Hawk County, City of Waterloo : Ordinance 3630
ORDINANCE NO. notice waspublished AN ORDINANCE AMENDING in �U
the ntcrloo Courier a daily newspaper printed in Waterloo
CHAPTER 20, HUMAN RELA-
TIONS,OF THE 1988 CODE OF
ORDINANCES OF THE CITY OF Black Hawk County, Iowa once a- —fet`'
WATERLOO, IOWA:
BY REPEALING SUBSECTION •
(j) DISABILITY OF SECTION 49- in the issue/of 20-3, DEFINITIONS; AND commencing on the day-of
ENACTING IN LIEU THEREOF
A NEW SUBSECTION (I) DIS-
ABILITY TO SECTION 20-3,DE- April 101 1989
FINITIONS; AND
BY ADDING SUBSECTIONS(8)
AND (9) TO SUBSECTION (b),
EXCEPTIONS, OF SECTIONS
20-7, UNFAIR EMPLOYMENT of said newspaper, and that the annexed rate o
PRACTICES; AND
BY ADDING SUBSECTION (3) advertising is the regular legal rate of said newspaper, and that the following is a correct bill foi
TO SUBSECTION (b), EXCEP-
T TIONS, OF SECTION 20-8, UN- publishing said notice. �f'`j['p-{/ y ,-'."
FAIR PRACTICES - ACCOM- Printer's Bill $ +
MODATIONS OR SERVICES;
AND
BY ADDING SUBSECTIONS(6),
(7) AND (8) TO SUBSECTION o.
(e), EXCEPTIONS, OF SEC —
TION 20-9, UNFAIR OR DIS- 47 Signed •
CRIMINATORY PRACTICES - /^
HOUSING. /V day Oi
BE IT ORDAINED BY THE Subscribed and sworn to before me this
COUNCIL OF THE CITY OF
WATERLOO, IOWA,as follows: �� c
That Subsection (i) Disability of A.D., 19� 111
Section 20-3, Definitions, of
Chapter 20, Human Relations,of 02/17144-fri[
/////�
the 1988 Code tofo , Iowa is of they /'% i /1 ��City of Waterloo, Iowa,is hereby (N /'
repealed in Its entirety; that a Notary Public
new Subsection (j) Disability of
Section 20-3 Definitions, of .
Chapter 20,Human Relations,of Received of
the 1988 Code of Ordinances of the
City of Waterloo,Iowa,is hereby
enacted in lieu thereof as follows:
(i) "Disability" means the the sum of Dollars
physical or mental condition of a
person which constitutes a substantial handicap. In re-
in full for publication of the above notice.
ference to employment, under
this Ordinance, "disability"also
means the physical or mental con-
dition -----u�--__—.�._._._._-._..-.. —.___..—
of a person which con- I,