Kansas City, MO Civil Rights: Difference between revisions

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Type: Ordinance

Status: Adopted on 6/3/93

Vote: Unanimous

Text: http://www.kcmo.org/humrel/930612.txt

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 930612

Amending Article IX of Chapter 26 of the Code of General Ordinances, entitled "Civil Rights Ordinance of Kansas City, Missouri" by repealing Sections 26.201 to 26.221 and enacting in lieu thereof new sections of like number and subject.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Article IX of Chapter 26 of the Code of General Ordinances is amended by repealing Sections 26.201 to 26.221, and enacting new sections of like number and subject, to read as follows:

Section 26.201. Definitions.
For the purposes of this Article, the following definitions shall apply unless the context explicitly indicates otherwise:

(1) Affirmative action program: A positive program designed to ensure that a good-faith effort will be made to employ applicants and to treat employees equally without regard to their race, color, creed or religion, national origin, sex, disability or age. Such program shall apply, where applicable, to the following: recruitment and recruitment advertising, employment upgrading, promotion, demotion or compensation, other terms or conditions of employment and selection for training, including apprenticeship; and shall include goals, methodology and timetables for implementation of the program.

(2) Certificate of compliance: A written certificate issued within the preceding calendar year by the director or by an agency or body charged with administration of a governmentally recognized affirmative action plan that any person named in such certificate is in compliance with the terms of an affirmative action plan filed by such person with such agency or body, or with the director.

(3) City: The City of Kansas City, Missouri.

(4) Commission: The Kansas City Human Rights Commission.

(5) Complainant: Any person claiming injury by the alleged violation of RSMo Chapter 213 or of this Article including persons who believe they will be injured by a discriminatory practice that is about to occur.

(6) Complaint: A verified written statement of facts and circumstances, including dates, times, places and names of persons involved in any alleged violation of any provision of RSMo Chapter 213 or of this Article.

(7) Contract/lease: Any contract or lease to which the City of Kansas City, Missouri shall be a contracting party, except the following:

(a) Personal services contracts.

(b) Emergency requisitions for goods, supplies or services.

(c) Impressed accounts in the nature of petty cash funds.

(d) Contracts for goods, supplies or services, the cost of which will not exceed ten thousand dollars ($10,000.00), except contracts with any supplier or other contractor which does an aggregate annual business with the City in excess of ten thousand dollars ($10,000.00). Aggregate annual business shall be measured by the amount of business done by the supplier or other contractor with the City during the current City fiscal year.

(8) Contracting officer: The person designated to execute a contract on behalf of the City or other public body.

(9) Contractor: Any individual, partnership, corporation, association or other entity, or any combination of the foregoing, who or which enters into a contract with the City of Kansas City, Missouri, and who has six (6) or more employees exclusive of parents, spouse or children of such contractor.

(10) Covered Multi-Family Dwelling: A building consisting of four or more units if the building has one or more elevators or a ground floor unit in a building consisting of four or more units.

(11) Department: Department of Human Relations.

(12) Director: The Director of the Human Relations Department.

(13) Disability: With respect to employment, a person with a disability is a person who is otherwise qualified and who with reasonable accommodation, can perform the essential functions of the job in question.

Generally: A person with a disability is any person who

(a) Has a physical or mental impairment which substantially limits one or more major life activities;

(b) Has a record of having such impairment; or

(c) Is regarded as having such an impairment.

(14) Dwelling: Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

(15) Employee: Any individual employed by an employer, but does not include an individual employed by his parents, spouse or child or any individual employed to render services as a domestic in the home of the employer.

(16) Employer: Includes any person employing six or more employees.

(17) Employment agency: Any person, agency or organization, regularly undertaking, with or without compensation, to procure opportunities for employment or to procure, recruit, refer or place employees.

(18) Familial status: One or more individuals (who have not attained the age of 18 years) being domiciled with

(a) A parent or another person having legal custody of such individual or individuals; or

(b) The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. No provision in this Article regarding familial status shall apply to housing for older persons, as defined in Section 3607 of Title 42 of the United States Code Annotated (1977 and Supp. 1992).

(19) Family includes a single individual.

(20) Franchise holder: Any individual, partnership, corporation, association or other entity, or any combination of foregoing, holding a franchise hereafter granted or renewed by the City of Kansas City, Missouri, and who has six (6) or more employees exclusive of parents, spouse or children of such franchise holder.

(21) Labor organization: Any organization which exists for the purpose in whole or in part of collective bargaining or for dealing with employees concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment.

(22) Parties: The parties to any proceeding or hearing held pursuant to this Article shall be the City of Kansas City, Missouri, the Complainant and the Respondent.

(23) Performance of work: The furnishing of any personal service, labor, materials or equipment used in the fulfillment of a contractor's obligation under a City contract.

(24) Person includes one (1) or more individuals, corporations, partnerships, associations,labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and other organizations; except, person does not include any local, state or federal governmental entity.

(25) Public accommodation: Any place or business offering or holding out to the general public goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare and safety of the general public, or providing food, drink, shelter, recreation or amusement including, but not limited to

(a) 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 rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(b) Any restaurant, tavern, cafeteria, lunchroom, lunch counter, 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;

(c) Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;

(d) Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;

(e) Any public facility owned, operated, or managed by or on behalf of this City or any agency or subdivision thereof, or any public corporation; and any such facility supported in whole or in part by public funds;

(f) Any establishment which is physically located within the premises of any establishment otherwise covered by this section or within the premises in which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment;

(g) Any institution, association, club, or other entity that has over 250 members, provides regular meal service, and regularly receives payment for meals, beverages, dues, fees, the use of its facilities or services directly or indirectly from or on behalf of non-members in furtherance of trade or business.

(26) Rent: To lease, sublease, let or otherwise grant for a consideration the right to occupy premises not owned by the occupant.

(27) Respondent: Any person against whom it shall be alleged by complaint or identified during the course of an investigation that said person has violated, is violating or is about to violate any provision of RSMo Chapter 213 or this Article.

(28) RSMo Chapter 213: Chapter 213 of the Revised Statutes of Missouri (1986) and as said Chapter is revised in House Bill 1619, 86th General Assembly. References to specific sections in Chapter 213 refer to those sections as revised in House Bill 1619.

(29) RSMo Chapter 536: Chapter 536 of the Revised Statutes of Missouri (1986 and Supp. 1991).

(30) RSMo Chapter 610: Chapter 610 of the Revised Statutes of Missouri (1986 and Supp. 1991).

(31) Sex: The term "sex" as included in the prohibitions of this Article shall include sexual harassment.

(32) Sexual orientation: Actual or perceived heterosexuality, homosexuality, or bisexuality.

(33) Subcontractor: Any individual, partnership, corporation, association or other entity, or other combination of the foregoing, which shall undertake, by virtue of a separate contract with a contractor, to fulfill all or any part of any contractor's obligation under a contract with the City, or who shall exercise any right granted to a franchise holder, and who has six (6) or more employees exclusive of the parents, spouse or children or such subcontractor.

Section 26.202. Kansas City Human Rights Commission.

(A) Establishment. There shall be a Human Rights Commission, formerly known as the "Civil Rights Board," which shall be an "Agency" as such term is defined in RSMo Section 536.010(a), and such Commission shall comprise 7 members, including three co-chairs, to be appointed by the Mayor and confirmed by the Council. The Commission shall be a "local commission" as authorized by RSMo Sections 213.020 and 213.135 and as such shall have the power and authority to hear complaints of violations of RSMo Chapter 213 in accordance with procedures set forth in that Chapter and in this Article.

All members shall serve without compensation and shall serve initial staggered terms at the discretion of the Council and Mayor of three years for three members, two years for three members, and one year for one member; provided that all members shall continue in office until their respective successors shall have been appointed and qualified. In the event of death or resignation of any appointee, a successor shall be appointed by the original appointing authority to serve during the unexpired portion of his or her term.

(B) Powers and Duties of the Commission.

(1) The Commission may adopt rules of procedure consistent with RSMo Chapters 213 and 536 and this Article.

(2) The Commission shall prepare an annual report to be presented to the Mayor and Council concerning the conditions of minority groups in the City with special reference to discrimination, civil rights, human relations, hate group activity, bias crimes and bias practices and attitudes among institutions and individuals in the community. The report may also include other social and economic factors that influence conditions of minority groups as well as the causes of these conditions and the effects and implications to minority groups and the entire city.

In preparation for the report the Commission may conduct hearings and conduct whatever other research is necessary. The report shall include appropriate recommendations to the Mayor and the Council.

(3) Task Forces.

(a) The Commission shall form task forces including: Youth, Business, Media, Education, Law Enforcement, Religion, Labor, Gay & Lesbian Issues and Metropolitan Area Cooperation and others as may be deemed appropriate.

(b) One member of each task force may be appointed from each councilmanic district, that member to be agreed upon jointly by the Council members from that district. Council members may recommend additional members as appropriate.

(c) Except as above, the co-chairs of the Commission shall appoint the chairs and members of the task forces.

(d) The task forces shall consist of no more than 15 members except where the Commission co-chairs specifically approve additional members.

(e) The task forces will assist the Commission in the preparation of the Commission's annual report to the Mayor and Council.

(4) The Commission is empowered to investigate hate group activity and incidents of bias crimes and work with law enforcement agencies and others to implement programs and activities to combat hate group activity and bias crimes.

(5) The Commission may seek information from any and all persons, agencies, and businesses, in both the public and private sectors to identify and investigate problems of discrimination and bias as they effect the citizens of Kansas City either directly or indirectly.

(6) The Commission may cooperate with public and private educational institutions at primary, secondary, and post secondary levels to foster better human relations among the citizens of Kansas City and within the metropolitan Kansas City area.

(7) The Commission may work with civil rights organizations, community organizations, law enforcement agencies, school districts and others to collect and review data relating to patterns of discrimination, bias crimes, hate group activity, and general issues of civil and human rights.

(8) The Commission may conduct studies, assemble pertinent data, implement educational programs and organize training materials for use by the Commission to assist civil and human rights agencies, neighborhood organizations, educational institutions, law enforcement agencies, labor unions, and businesses and others to prevent discrimination.

(9) The Commission may serve as an advocate to prevent discrimination and bias crimes.

(10) The Commission co-chairs may appoint such committees from its membership or other citizens to fully effectuate the purpose of the ordinance.

(11) The Commission is empowered to hold hearings regarding issues of general or specific civil and human rights affecting the citizens of the City of Kansas City, to review decisions of hearing examiners appointed by the City to hear charges of violations of RSMo Chapter 213, to administer oaths, and to take the testimony of any person under oath.

(12) Based upon its hearings or those held by its hearing examiners, the Commission shall issue such findings as it deems appropriate under the circumstances. If the Commission finds that a Respondent has engaged in an unlawful discriminatory practice as defined in RSMo Chapter 213, the Commission shall issue and cause to be served on the Respondent an order requiring the Respondent to cease and desist from the unlawful discriminatory practice. The Order shall require the Respondent to take such affirmative action or award such relief as in the Commission's judgment will implement the purposes of this Article and of RSMo Chapter 213, including, but not limited to the assessment of civil penalties, reinstatement, back pay, making available the dwelling or public accommodation, actual damages, or any other relief that is deemed appropriate and which is consistent with said Chapter.

(13) Should the Respondent also be a City contractor, upon complaint by the Human Relations Department and after hearing duly held, the Commission shall make findings of fact and conclusions of law; and when it finds a breach of conditions of any contract or franchise wherein compliance with this Article is assured, it shall make an order specifying the terms and conditions under which any contract or franchise will be continued in force or in the alternative shall order the cancellation, termination, or suspension of such contract or franchise, or order that such contractor or franchise holder be ineligible to receive any city contract or franchise for a period of one year.

(14) The co-chairs may appoint hearing review panels composed of not less three persons to review hearings conducted by a hearing examiner regarding violations of RSMo Chapter 213. Panels shall be appointed on a rotating basis to insure that all Commission members have an opportunity to review recommended findings of the hearing examiner.

Any member of the Commission who has a conflict of interest or the appearance of a conflict of interest regarding an issue to be heard by the Commission will not participate in the proceedings regarding that issue.

(15) The Commission shall study, advise, and make other recommendations for legislation, policies, procedures, and practices of the City of Kansas City, other businesses entities and other public entities as are consistent with the purposes of this Ordinance.

Section 26.203. Duties and Authority of the Director.
The Director of Human Relations is hereby charged with administration and enforcement of all sections of this Article and is hereby authorized and empowered to do the following:

(1) Rules and Regulations. To adopt, amend and enforce rules and regulations relating to any matter or thing pertaining to the administration of this Article.

(2) Complaint Investigation. To receive, investigate and upon finding probable cause on any complaint of violation of RSMo Chapter 213, to bring such complaint before the Human Rights Commission. If the Director finds probable cause to believe that a violation of this Article has occurred, he may refer the matter to the City Attorney's office for prosecution in Municipal Court. Any staff assigned to assist the Commission shall be supervised by the Director of Human Relations. The Director shall not have the power to process complaints of discrimination brought against the City of Kansas City, Missouri, and shall defer any such complaints to the Missouri Commission on Human Rights or any appropriate federal agency for processing.

(3) Authority Regarding Discrimination Within City Administration. To investigate and recommend to the City Manager any policy changes or specific actions that the Director determines are necessary to insure that the City administration is in compliance with the provisions of this Article or with state and federal discrimination laws.

(4) Affirmative Action Program Review. To review eligibility certification and to establish affirmative action criteria by regulation and to receive, review, and approve or reject and monitor affirmative action programs submitted by persons seeking any City or City-funded contract or franchise, and upon approval of such to certify eligible persons to the contracting officers of the City.

(5) Initiate Complaints. Whenever the Director has reasonable cause to believe that an unlawful discriminatory practice has occurred he may initiate a complaint alleging violation of any section of RSMo Chapter 213 or of this Article.

(6) Compliance Investigation. To investigate, survey and review any and all previously approved affirmative action programs, city contracts and franchises which are subject to this Article and to take such action with respect thereto as shall insure compliance with this Article.

(7) Conciliation. To attempt to eliminate any unlawful discriminatory practice or any other violation of the terms of this Article by means of conference, conciliation, persuasion and negotiation and to enter into conciliation agreements.

(8) Dismiss Complaints. To dismiss any complaint upon finding such to be frivolous or without merit on its face or upon a finding that the allegedly unlawful discriminatory practice has been eliminated through conciliation.

Section 26.204. Complaint Procedure.

(A) Filing Complaint. Any person claiming injury by an allegedly unlawful discriminatory practice may, by himself or by his attorney, make, sign and file a verified written complaint with the Director on forms provided by the Director, which shall state the name and address of the person alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the Director for the investigation of the complaint.

Any complaint filed pursuant to RSMo Chapter 213 or this Article must be filed within one hundred and eighty days after the alleged unlawful discriminatory practice was committed.

(B) Investigation. After the filing of any complaint, the Director shall:

(1) During the period beginning with the filing of such complaint and ending with the notice of public hearing before the Commission the Director shall, to the extent possible, engage in conciliation with respect to such complaint. Any agreement reached during these conciliation efforts shall conform to the requirements of subsection (D) of this section;

(2) Promptly serve notice upon the Complainant acknowledging and advising the Complainant of the time limits and choice of forums provided under RSMo Chapter 213 and this Article;

(3) Promptly serve notice on the Respondent or the person charged with a discriminatory practice advising of his or her procedural rights and obligations under this Article together with a copy of the complaint;

(4) Commence investigation of the complaint within 30 days of the receipt of the complaint;

(5) For housing and public accommodation complaints complete the investigation of the complaint within 100 days unless it is impractable. If the Director is unable to complete the investigation within one hundred days the Director shall notify the Complainant and the Respondent in writing of the reasons for not doing so;

(6) The Director shall make final administrative disposition of a housing or public accommodations complaint within one year of the date of receipt of a complaint, unless it is impractable to do so in which case the Director shall notify the Complainant and Respondent in writing of the reasons for not doing so.

(C) No Probable Cause Finding. If it shall be determined after such investigation that no probable cause exists for crediting the allegations of the complaint the Director shall cause to be issued and served upon all parties written notice of such determination.

(D) Probable Cause Finding: Conciliation. If it shall be determined after such investigation that probable cause exists for crediting the allegations of the complaint, the Director shall immediately endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. Each conciliation agreement shall include provisions requiring the Respondent to refrain from the commission of such allegedly unlawful discriminatory practice in the future and may contain such further provisions as may be agreed upon by the Complainant and the Respondent subject to the approval of the Director. The Director shall not disclose what has transpired in the course of such endeavors and shall not make or maintain a public record of such endeavors as the term "public record" is defined in RSMo Chapter 610.

If the Respondent, the Complainant and the Director agree upon conciliation terms, the Director shall compile the terms of the Conciliation Agreement for the signature of the Complainant, Respondent, and Director. Each Conciliation Agreement shall be made public unless the Complainant and Respondent otherwise agree and the Director determines that disclosure is not legally required and is not required to further the purposes of this ordinance.

(E) Failure to Conciliate: Hearing or Prosecution. If the Director believes that he has failed to eliminate an allegedly unlawful discriminatory practice through conciliation he shall cause to be issued and served a written notice thereof. If the complaint alleges a discriminatory practice prohibited by this Article, the Director may refer the matter to the City Attorney for possible prosecution in Municipal Court. If the complaint alleges a discriminatory practice prohibited by RSMo Chapter 213, the Director shall refer the matter to the Commission for hearing.

Section 26.205. Hearing or Civil Action.

(A) Hearing Notice. Upon referral from the Director of a matter to be set for hearing, the Commission shall set a date upon which a hearing shall be held by a hearing examiner appointed by the City and shall notify all parties of the date thereof. The notice shall be served upon the parties at least twenty days prior to the date of the hearing. A copy of the complaint shall be attached to each such notice.

(B) Election to File Civil Action in Housing Cases. When a written notice of hearing on a complaint of housing discrimination is issued, a complainant or respondent may elect to have the claims asserted in that complaint decided in a civil action, in accordance with RSMo Section 213.076. Written notice of an election made under this section shall be filed with the Commission with notice to all parties within twenty days of the date on which the notice of hearing was mailed.

If such an election is made, the Director shall request that the City Attorney file suit on behalf of the City and the complainant unless the complainant chooses to bring an action through his or her own private counsel. Within thirty days of the election, the City Attorney shall commence, maintain and pay the costs of a civil action in the name of the City and any complainant not represented by private counsel seeking relief as authorized by RSMo Chapter 213; however, before such suit is filed by the City on behalf of any complainant the complainant will agree in writing that any costs or attorneys' fees recovered in such an action will be remitted to the City. The complainant shall have no liability to the City for costs and attorneys' fees except to the extent that such costs and attorneys' fees are awarded by the court to the complainant and paid by a respondent (defendant). Should the City Attorney prevail in such suit, he is hereby authorized and directed to seek and recover costs and attorney's fees. Any attorney's fees or costs recovered by the City or by a complainant and remitted to the City shall be paid into the general fund of the City.

(C) Record of Proceeding. The Hearing Examiner shall cause all proceedings before it to be either tape recorded or held before a certified court reporter.

(D) Hearing Procedure. The hearing shall be conducted in accordance with RSMo Chapter 536 and with rules adopted by the Commission. The Commission or the hearing examiner appointed to hear a matter may subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and require the production for examination of any books, papers or other materials relating to any matter under investigation or in question before the Commission.

Section 26.206. Discovery.
In any case which is before the Commission, any party may obtain discovery in the same manner, upon and under the same conditions and upon the same notice and other requirements as is or may hereafter be provided for with respect to discovery in civil actions by rule of the Supreme Court of Missouri for use in circuit court. The designated hearing examiner for the Human Rights Commission shall have the same responsibilities and authority with respect to discovery as is vested in circuit judges by Supreme Court rule. Enforcement of discovery shall be by the same methods, terms and conditions as provided by Supreme Court rule in civil actions in the circuit court; except that, no order issued pursuant to such rule which requires a physical or mental examination, permits entrance upon land or inspection of property without permission of the owner, or purports to hold any person in contempt, shall be enforceable except upon order of the circuit court after notice and hearing. The hearing examiner may limit discovery as is appropriate in each case.

Section 26.207. Refusal or Failure to Obey Subpoena - Punishment.
If any person fails, neglects or refuses to obey all the terms of any subpoena or subpoena duces tecum issued by the Human Rights Commission or its designated hearing examiner, such failure shall be dealt with as provided by the applicable section of RSMo Chapter 536.

Section 26.208. Commission Decision.

(A) The hearing examiner shall make findings of fact and conclusions of law and shall recommend to the Commission an order granting any relief that is necessary to remedy any discrimination found and which is consistent with RSMo Section 213.075 or dismissing the complaint as to the Respondent, in accordance with such findings.

The Commission or a panel of a least three members of the Commission shall review the record, findings and recommended order of the hearing examiner. The Commission or panel shall thereafter accept or amend the recommended order which shall become the order of the Commission. All orders shall be served on the Complainant and Respondent and such other public officers as the Commission deems proper.

(B) The order of the Commission shall not become final for appeal purposes until it is filed with and approved by the Missouri Commission on Human Rights, in accordance with the procedures set forth in RSMo Section 213.135.

(C) Contract compliance and affirmative action. After rendition of the Commission's decision on a contract compliance or affirmative action matter the contracting officer shall serve upon the respondent a copy of such order and decision.

The respondent shall have thirty (30) days after delivery of the said order and decision to demonstrate to the Director willingness to comply with the terms and conditions of such order, failing which the contracting officer shall proceed to cancel, terminate or suspend the contract, or declare the contractor ineligible to receive any City contract or franchise for a period of one year, as such order may require. Willingness of the contractor to comply with such order may be evidenced by his or her written agreement to comply with the terms and conditions set forth in the order.

Section 26.209. Confidentiality.
No documents which have been submitted nor anything which has been said or done during the course of a conciliation endeavor or as a result of an affirmative action program submission shall be made public or used as evidence in any subsequent proceedings without the written consent of the parties concerned, except as such statements or documents are public records as defined by Missouri law or except when such statements or documents are used as evidence before a hearing examiner for the Human Rights Commission.

Section 26.210. Prohibited Discriminatory Practices.

(A) Discriminatory practices, as defined in Sections 26.211, 26.212, 26,213, 26.214, 26.215 and 26.216, are prohibited. Any person who engages in a prohibited discriminatory practice shall be guilty of an ordinance violation, punishable by a fine of not more than five hundred dollars, by imprisonment of not more than one hundred and eighty days, or by such fine and imprisonment.

(B) Nothing in Sections 26.211, 26.212, 26.213, 26.214, 26.215, or 26.216 shall be read or interpreted to require the imposition of quotas or any form of affirmative action to remedy any past practices.

Section 26.211. Discriminatory Employment Practices.
It shall be unlawful for any employer, employment agency or labor organization to commit any of the following discriminatory employment practices:

(1) For any employer to fail or refuse to hire or promote, or to discharge any individual or otherwise to rule or act against any individual with respect to compensation, tenure, conditions or privileges because of such individual's race, color, sex, religion, national origin or ancestry, disability, sexual orientation, or because such person is forty years of age or older.

(2) For any employer to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual's race, color, sex, religion, national origin or ancestry, disability, sexual orientation, or because such individual is forty years of age or older.

(3) For any employer, labor organization, employment agency or any joint labor management committee controlling apprenticeship training programs to deny or withhold from any person the right to be admitted to or participate in a guidance program or an apprenticeship training program because of race, color, sex, religion, national origin or ancestry, disability, or sexual orientation.

(4) For any employer or employment agency to fail or refuse to refer any individual for an employment interview or 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 any limitation, specification or preference, because of race, color, sex, religion, national origin or ancestry, disability, sexual orientation, or because such person is forty years of age or older.

(5) For any employer to substantially confine or limit recruitment or hiring of employees to any employment agency, employment services, labor organization, training school, training center or any other employee-referring source which excludes persons because of their race, color, sex, religion, national origin or ancestry, disability, sexual orientation, or because such person is forty years of age or older.

(6) For any labor organization to in any way deprive or limit any person in his or her employment opportunities or otherwise adversely affect his status as an applicant for employment or as an employee, with regard to tenure, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, sex, religion, national origin or ancestry, disability, sexual orientation, or because such person is forty years of age or older.

(7) For any employer, employment agency or labor organization to discharge, expel, demote, fail to promote or otherwise rule against any person because he or she has filed a complaint, testified or assisted in any manner in any investigation or proceedings under this Article.

(8) For any person, whether or not an employer, employment agency, or labor organization, to aid, abet, incite, compel, coerce or participate in the doing of any act declared to be a discriminatory practice under this Article, or to obstruct or prevent any person from enforcing or complying with the provisions of this Article, or to attempt to commit any act declared by this Article to be a discriminatory practice.

(9) Notwithstanding any other provision of this Section, it shall not be an unlawful employment practice for an employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system.

(10) Notwithstanding any other provision of this section, it shall not be an unlawful employment practice for a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society to discriminate in its employment decisions on the basis of religion or sexual orientation.

Section 26.212. Discriminatory Housing Practices.
It is the policy of the City of Kansas City, Missouri to provide, within constitutional limitations, for fair housing throughout the corporate limits of Kansas City. The following discriminatory housing practices shall be unlawful:

(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for this sale or rental of property offered for sale or rental, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, national origin, sex, disability, marital status, familial status, or sexual orientation.

(2) To 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, national origin, sex, disability, marital status, familial status, or sexual orientation.

(3) To 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 or limitation based on race, color, religion, national origin, sex, disability, marital status, familial status, or sexual orientation, or an intention to make any such preference, limitation or discriminations.

(4) To represent to any person because of race, color, religion, national origin, sex, disability, marital status, familial status, or sexual orientation that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(5) 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 of a person or persons of a particular race, color, religion, national origin, sex, disability, marital status, familial status, or sexual orientation.

(6) For a person in the business of insuring against hazards to refuse to enter into, or discriminate in the terms, conditions or privileges of a contract of insurance against hazards to a dwelling because of the race, color, religion, national origin, sex, disability, marital status, sexual orientation, or familial status of persons owning or residing in or near the dwelling.

(7) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of

(a) that buyer or renter;

(b) a person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

(c) any person associated with that buyer or renter.

(8) To 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 with such dwelling, because of a disability of:

(a) that person; or

(b) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(c) any person associated with that person.

(9) For purposes of this section discrimination includes

(a) A refusal to permit at the expense of the disabled person reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear accepted.

(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(c) In connection with the design and construction of covered multi-family dwellings for first occupancy, a failure to design and construct those dwellings in a manner that

(i) the public and common use portions of such dwellings are readily accessible to and usable by disabled persons; this shall include at least one building entrance on an accessible route unless it is impracticable to do so because of the terrain or unusual characteristics of the site.

(ii) all doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and

(iii) all premises within such dwellings contain the following features of adaptive design:

(I) an accessible route into and through the dwelling;

(II) light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

(III) reinforcements in bathroom walls to allow later installation of grab bars; and

(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(10) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled persons commonly cited as "ANSI All7.l" suffices to satisfy the requirements of paragraphs 9 (iii) are met.

(11) For purposes of subsections (7) and (8) above, discrimination includes any act that would be discrimination under 42. U.S.C.A. Section 3604(f)(3)-(9) (Supp. 1992).

(12) Nothing in this section shall apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains or occupies one of such living quarters as his residence, and if the dwelling contains any room or rooms, except hallways, which are shared by the families or owner.

(13) Nothing in this section shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from discriminating in the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose on the basis of religion or sexual orientation or from giving preference to persons on those bases.

Section 26.213. Discrimination in the Financing of Housing.
It shall be unlawful for any person, bank, building and loan association, savings and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of the making or purchasing of real estate loans or other financial assistance to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or which loan or financial assistance is to be secured by residential real estate, or to discriminate in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, or the selling, brokering, or appraising of residential real estate property, because of the race, color, religion, national origin, sex, disability, marital status, familial status, or sexual orientation of such person, or of the present or prospective owner, lessees, tenants, occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.

Section 26.214. Discrimination in the Provision of Brokerage Services.
It shall be unlawful for any person to deny any other person right to membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in terms or conditions of such access, membership, or participation, on account of race, color, religion, national origin, sex, disability, marital status, familial status, or sexual orientation.

Section 26.215. Prevention of Coercion Interference, or Intimidation.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of or on account of that person having exercised or enjoyed or on account of having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Article.

Section 26.216. Discriminatory Accommodation Practices.
It shall be a discriminatory accommodation practice for any owner, agent or employee of any place of public accommodation, directly or indirectly, to refuse, withhold from, or deny to any person any of the accommodations mentioned in this Article or to discriminate against any person in the furnishing thereof on account of race, religion, color, ancestry, national origin, sex, marital status, familial status, disability, or sexual orientation of such person, or directly or indirectly to publish, circulate or display any written or printed communication, notice or advertisement to the effect that any of the accommodations or the facilities of such place of public accommodation will be refused, withheld from or denied to any person on account of race, religion, color, ancestry, national origin, sex, disability, marital status, familial status, or sexual orientation, or that, for said reasons, the patronage or custom of any person above described is unwelcome or objectionable or not acceptable to such place.

Section 26.217. Suspension or Revocation of License.
Upon the final determination of any violation of this Article, the license of such violator to do business in this City may be suspended up to thirty (30) days, and upon a third final determination of any violation of this Article within five (5) years, the license of such person to do business in this City shall be revoked.

Section 26.218. Affirmative Action - City Contracts and Franchises.

(A) Submission of Program. Prior to entering into any contract with or receiving any franchise from the City, all contractors seeking such contract or franchise shall submit in writing to the contracting officer a certificate of compliance or an affirmative action program as defined in Section 26.201. Such certificate of compliance or affirmative action program shall be submitted concurrently with any contract bid or franchise proposal.

Additionally, any person who receives contracts totalling more than $10,000.00 annually from such a contractor will submit an affirmative action program annually. If any person shall fail or refuse to submit a certificate of compliance or affirmative action program as required by this section, the contractor shall be ineligible to enter into any City contract or to receive any franchise from the City until that person has so complied, and any current contracts with such contractor may be terminated.

(B) Review by Director.

(1) Certificates of Compliance. The Director shall receive and determine whether certificates of compliance are in fact in compliance with the terms of this section respecting submission of affirmative action programs. A certificate of compliance submission shall include a copy of the affirmative action program to which such certificate applies. If such program is subsequently amended, a copy of such amendment shall be supplied to the Director. An affirmative action program submitted in connection with a certificate of compliance may be subject to qualifying review.

(2) Affirmative Action Programs. The Director shall receive and review affirmative action programs submitted to him or her, and shall approve or shall specify in writing any modification of the program needed to make it conform to the requirements of this section or of the rules. The Director shall notify the contracting officer in writing of his or her determination within five (5) working days of the Director's receipt of the program.

(C) Optional Annual Submissions. Any person may file annually a certificate of compliance or an affirmative action program which shall apply to all bids or franchise proposals which such person shall make during the calendar year succeeding the date of such filing. Such annual submission shall be subject to review by the Director of Human Relations as stated in (B)(2) preceding.

(D) Review by the Human Rights Commission. Any adverse determination concerning a certificate of compliance or an affirmative action program by the Director may be reviewed by the Human Rights Commission.

Section 26.219. Contract Conditions.

(A) Compliance Provisions. All contracts hereafter executed by the City shall contain language requiring as a condition thereof that all persons contracting with the City or contracting with any public or private entity funded by the City or receiving a franchise from the City or subcontractors of such contractors or franchisees agree to refrain from any discriminatory employment practice as defined in this Article, that such person agrees to implement the certificate of compliance or affirmative action program submitted in connection with such contract or franchise, and that if a contractor shall fail, refuse or neglect to comply with these contract conditions, such failure shall be deemed a total breach of the contract and such contract may be terminated, canceled or suspended, in whole or in part, and such contractor may be declared ineligible for any further City contracts for a period of one (1) year.

(B) Director's Access to Information. All contracts shall contain language to the effect that all contractors and subcontractors agree to permit the Director of Human Relations access, at all reasonable times, to all books, papers, records, reports or accounts in possession of or under the control of such person, as may be necessary to ascertain compliance with these sections, and to furnish such further information as may be required of such person within ten (10) working days of the date it is so requested in writing.

Section 26.220. Enforcement of Contract Conditions.
If the Director shall find after investigation that a contractor or subcontractor has violated contract provisions relating to discriminatory employment practices or affirmative action, the Director shall bring a complaint before the Commission. The Commission shall hold a hearing in accordance with this Article. After rendition of the Commission's decision, the contracting officer involved shall serve upon the respondent a copy of such order and decision. The respondent shall have thirty (30) days after delivery of the said order and decision to demonstrate to the Director willingness to comply with the terms and conditions of such order, failing which the contracting officer shall proceed to cancel, terminate or suspend the contract, or declare the contractor ineligible to receive any City contract or franchise for a period of one year, as such order may require. Willingness of the contractor to comply with such order shall be evidenced by his or her written agreement to comply with the terms and conditions set forth in the order.

Section 26.221. Severability.
If any part of this Article or of the rules and regulations issued pursuant to this Article shall be declared invalid, such invalidity shall not in any manner effect the validity of the remainder.

Kansas City, MO Civil Rights: Difference between revisions

Latest revision as of 20:37, 31 December 2014

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