Champaign, IL Human Rights

Champaign, IL, US

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Type: Municipal Code

Status: Adopted on 7/5/94

Source File: http://genderadvocates.org/links/champaign.html

Text:

Chapter 17 HUMAN RIGHT

ARTICLE I. IN GENERAL
Sec. 17-1. Short title.
This chapter may be cited as the "Human Rights Ordinance."
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-2. Intent.
It is the intent of the City, in adopting this chapter, to secure an end, in the City, to discrimination, including, but not limited to, discrimination by reason of age, color, creed, family responsibilities, marital status, matriculation, national origin, personal appearance, physical and mental disability, political affiliation, race, religion, sex, sexual preference, prior arrest or conviction record or source of income or any other discrimination based upon categorizing or classifying a person which is not based upon factual data about the persons or group and is not related to the purpose for which it is used.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-3. Definitions.
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this article:

Age means the chronological age of a person who is at least eighteen (18) years old or an emancipated minor, except where supervening law establishes a standard which may not be expanded or reduced.

Bona fide occupational qualification means a qualification reasonably necessary to the operation of a particular business.

Color means the tint of a person's skin.

Commission means the Human Relations Commission.

Complainant means a person who believes that he or she has been aggrieved by a violation of a provision of this chapter and files a complaint with the Commission or Assistant for Community Relations.

Covered multi-family dwellings means buildings consisting of four (4) or more units if such buildings have one or more elevators or ground floor units in other buildings consisting of four (4) or more units.

Credit card means any instrument or device, whether known as a credit card, credit plate, charge plate or any other name, issued with or without fee by any issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit or in consideration or an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder.

Credit transaction means any invitation to apply for credit, application for credit, extension of credit or credit sale.

Creed means a formulation or system of religious faith.

Disability means a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

Discrimination; unlawful; illegal means any practice or act which is based wholly or partially on or the perception of an individual based on race, color, creed, national origin, religion, sex, age, marital status, physical or mental disability, personal appearance, sexual preference, family responsibilities, matriculation, political affiliation, prior arrest or conviction record or source of income unless such practice or act is permitted as an exception in this Chapter of any individual.

Employee means any individual employed or seeking employment from an employer.

Employer means any person who, for compensation, employs any individual except for the employer's parents, spouse or children; or who employs domestic servants engaged in and about the employer's household.

Employment agency means any person regularly undertaking or attempting, with or without compensation, to procure employees for an employer or to procure for employees the opportunity to work for an employer, including any agent of such person.

Family responsibilities means the state of being, or the potential to become, a contributor to the support of a person or persons in a dependent relationship, irrespective of their number, including single parents.

Familial status means one or more individual (who have not attained the age of eighteen (18) years) being domiciled with a parent or person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person.

Financial institution means any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this City.

Forcible felony means treason, first degree murder, second degree murder, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, arson, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.

Housing accommodation means any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals.

Human rights officer means the Assistant to the City Manager for Community Relations or his or her designee.

Labor organization means any collective bargaining unit, committee, group, association or plan in which employees participate directly or indirectly and which exists for the purpose, in whole or in part, of dealing with an employer or employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms, conditions or privileges of employment.

Lease includes sublease, assignment, rental, or providing the use of real property for a fee, goods, services or anything of financial value, and includes any contract to do any of the foregoing.

Loan means providing funds for:

(1) The purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation; or

(2) Any consumer, commercial or industrial purposes.

Marital status means the state of being married, separated, divorced, widowed or single and the conditions associated therewith, including pregnancy or parenthood.

Matriculation means the condition of being enrolled in college or a university, or in a business, nursing, professional, secretarial, technical or vocational school or an adult educational program.

National origin means the place in which a person or one of his or her ancestors was born.

Operator means any owner, lessee, proprietor, manager, superintendent, agent or occupant of a place of public accommodation or an employee of any such person or persons.

Owner means any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to any share of, or holds any beneficial interest in, any real estate cooperative which owns any real property.

Person means one or more individuals, labor unions, employers, employment agencies, partnership, associations, creditors, corporations, cooperatives, legal representatives, government agency, trustees, owner, or any agent or representative of any of the foregoing or any beneficiary of an Illinois Land Trust.

Personal appearance means the outward appearance of any person, irrespective of sex, with regard to bodily condition or characteristics, such as weight, height, facial features, or other aspects of appearance. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed attire, if and when such requirement is uniformly applied for admittance to a public accommodation or to employees in a business establishment for a reasonable business purpose.

Physical or mental disability means a physical, sensory or mental disablement, including a controllable malady, which may be the result of injury, illness or congenital condition, for which reasonable accommodation can be made.

Place of public accommodation means a business, accommodation, refreshment, entertainment, recreation or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public, and includes but is not limited to: inns, restaurants, eating houses, hotels, soda shops, department stores, clothing stores, hat stores, shoe stores, bathrooms, restrooms, theaters, skating rinks, public golf courses, public golf driving ranges, concerts, cafes, bicycle rinks, elevators, ice cream parlors or rooms, railroads, omnibuses, buses, stages, airplanes, street cars, boats, funeral hearses, crematories, cemeteries, and public conveyances on land, water or air, public swimming pools, retail establishments and other places of public accommodation and amusement.

Political affiliation means the state of belonging to or endorsing any political party or organization or taking part in any activities of a political nature.

Race means a class or group of individuals involving a distinct physical type with certain unchanging characteristics, such as color of skin.

Religion means all aspects of religious observance and practice, as well as belief, except that with respect to employers, for the purposes of Article III, religion includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he or she is unable to reasonably accommodate an employee's or prospective employee's religious observance without undue hardship on the conduct of the employer's business.

Real estate broker or salesperson means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these.

Real estate transaction means the sale, exchange, rental or lease of real property, brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling or other transaction secured by residential real estate.

Real property means any real estate, vacant land, building or structure, tenement, leasehold, interest in real estate cooperative, condominiums or any part thereof within the City limits.

Respondent means a person alleged to be in violation of a provision of this chapter.

Sex means the state of being or becoming male or female or transsexual, or pregnant.

Sexual harassment means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Sexual preference means male or female homosexuality, heterosexuality or bisexuality, by preference or practice.

Source of income means the point or form of the origination of legal gains of income accruing to a person or reductions in debt the person would otherwise accrue in a stated period of time; from any occupation, profession or activity, from any contract, agreement or settlement, from federal, state or local payments, court ordered payments or from payments received as gifts, bequests, annuities or life insurance policies.

Varying the terms of a loan means requiring a greater down payment than is usual for the particular type of a loan involved, requiring a shorter period of amortization than is usual for the particular type of loan involved, charging a higher interest rate than is usual for the particular type of loan involved; or underappraising real estate or other item of property offered as security.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4. Exception--Business necessity.
Any practice or act of discrimination which would otherwise be prohibited by this chapter shall not be deemed unlawful if it can be established that such practice or act can be justified on the basis of being reasonably necessary to the normal operation of the business or enterprise. However, a "business necessity" exception shall not apply when based in whole or in part on the comparative of stereotypical characteristics of one group as opposed to another or the preferences of co-workers, employers' customers or any other person.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.1. Same--Religious and political organization.
Nothing contained in the provisions of this chapter shall be construed to bar any religious or political organization from giving preference to persons of the same political or religious persuasion in the conduct of the organizations' activities.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.2. Same--Other units of government.
The provisions of this chapter shall not apply to other units of government, including the Federal government or any of its agencies, the State of Illinois and any other political subdivision, municipal corporation or their agencies.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.3. Same--Beneficial discrimination.
It shall not be unlawful to accord differential treatment to any individuals when such treatment is designed to promote the safety, health or welfare of individuals because of their circumstances. Such practices may include but are not limited to single sex bathrooms, homes for the aged, and senior citizen discounts.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.4. Same--Business necessity--Method of payment.
It shall not be unlawful to establish a method of payment policy based in whole or in part on payment methods required by some sources of income if those payment methods increase the cost of doing business, as compared to other methods or payment accepted by the business. A method of payment policy shall not be inconsistently applied based in whole or in part on factors otherwise prohibited or utilize in whole or in part other prohibited factors as part of the policy unless otherwise authorized by an exception to this chapter.

For purposes of this section, costs required to comply with building, safety and other similar codes which are otherwise applicable regardless of the source of payment of rent shall not be considered an increased cost of doing business. Nominal costs incurred by a landlord, including but not limited to postage to send in a voucher or similar payment for handling costs, when payment is promptly received after presenting a voucher, shall not be a basis for a claim of increased costs.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-4.5. Same--Same--Conviction.
Nothing in this chapter shall prohibit discrimination in the leasing of residential property based upon a person's record of convictions for a forcible felony or a felony drug conviction or the conviction of the sale, manufacture or distribution of illegal drugs or convictions which are based upon factors which would constitute one of the categories of convictions listed above under Illinois law; provided, that the conviction shall not be allowed to be the basis of discrimination if the person convicted has resided outside of prison at least the last five (5) consecutive years without being convicted of an offense involving the use of force or violence or the illegal use, possession, distribution, sale or manufacture of drugs. This exception is not a restriction on the use of conviction information for other necessary business reasons.

This exception shall not be construed to authorize the use of conviction information to achieve racial or ethnic discrimination or discrimination on the basis of a disability or any other protected basis other than conviction and landlords are encouraged to consider the rehabilitative efforts of individuals and the period since the conviction and circumstances of the conviction when deciding to discriminate on the basis of conviction information. The landlord is not relieved of any obligation of making a reasonable accommodation for persons with disabilities by this exception.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-5. Posting of notice.
Every person subject to this chapter shall post and keep in a conspicuous location, where business or activity is customarily conducted or negotiated, a notice provided by the City, whose form and language shall have been prepared by the Human Rights Officer setting forth excerpts from, or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a complaint.
(C.B. No. 94-167, § 1, 7-5-94)

ARTICLE II. DISCRIMINATION IN OPPORTUNITIES

Sec. 17-21. Discrimination prohibited.

(a) Every individual shall be afforded the opportunity to participate fully in the economic, cultural and intellectual life that is available in the City, which shall include but not be limited to opportunities in employment, housing, places of public accommodation and credit or commercial transactions.

(b) It shall be unlawful to deny any of the foregoing opportunities based on unlawful discrimination, except as specifically authorized by this Chapter.

(c) It shall be unlawful for any person to refuse to hire, to discharge, to evict from housing or commercial space, to refuse to negotiate for, sell, exchange or lease any real property or to include terms or conditions for such property, to harass, intimidate, or in any other way retaliate or discriminate against, or interfere with any individual because he/she has made a complaint, testified or assisted in any proceeding under this chapter, whether on his or her own behalf or for another individual.

(d) It shall be unlawful to retaliate against any person because that person, reasonably and in good faith, has opposed any practice or act forbidden herein, or because that person, reasonably and in good faith, has made a charge, testified, or assisted in any investigation, proceeding or hearing.

(e) It shall be unlawful to compel or cause any person to engage in any of the acts prohibited by this chapter.
(C.B. No. 94-167, § 1, 7-5-94)

ARTICLE III. DISCRIMINATION IN EMPLOYMENT

Sec. 17-36. Discrimination by an employer.

(a) It shall be unlawful for an employer to do any of the following acts based upon unlawful discrimination;

(i) To refuse to hire, to segregate, or otherwise to act against such person with respect to the hiring, selection, promotion, discharge, discipline, training for apprenticeship in any trade or craft, tenure, terms, or other conditions of employment;

(ii) Unless otherwise authorized by law, to inquire on a written application whether a job applicant has ever been arrested; however, nothing in this section shall be construed as preventing any employer from inquiring in a written application whether an applicant has ever been convicted of any offense which is job-related;

(iii) To engage in sexual harassment; provided that an employer shall be responsible for sexual harassment of an employer's employees for non-employees or nonmanagerial or nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures.

(b) Nothing in this section shall preclude an employer from hiring or selecting between persons for any reason except for the unlawful practices specifically prohibited herein, or a bona fide occupational qualification; nor shall anything in this section preclude any employer from giving or acting on the results of any ability test provided that such test, its administration or action on the results is not designed, intended, or used for and does not have the effect of unlawful discrimination.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-37. Discrimination by an employment agency.
It shall be unlawful for an employment agency to do any of the following acts based on unlawful discrimination:

(1) For any employment agency to fail or refuse to classify properly, accept applications, and register for employment referral or apprenticeship referral, refer for employment, refer for apprenticeship, or to accept from any person any job order, requisition, or request for referral of applications for employment or apprenticeship on the basis of unlawful discrimination, as a condition of referral, except for a bona fide occupational qualification;

(2) To inquire on a written application whether a job applicant has ever been arrested; however, nothing in this section shall be construed as preventing any employer from inquiring on a written application whether an applicant has ever been convicted of any offense which is job-related;

(3) To engage in sexual harassment; provided that an employment agency shall be responsible for sexual harassment of the agency's employees by nonemployees, or nonmanagerial or nonsupervisory employees only if the employment agency becomes aware of the incident and fails to take reasonable corrective measures.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-38. Discrimination by a labor organization.
It shall be unlawful for a labor organization to do any of the following acts based upon unlawful discrimination:

(1) To limit, segregate, or classify its membership with respect to such person, or to limit employment opportunities, selection and training for apprenticeship in any trade or craft, or otherwise to take, or fail to take, any action which affects adversely any person's employment status, or status as an applicant for employment or as an apprentice or as an applicant for apprenticeship, or wages, tenure, hours of employment or apprenticeship's conditions;

(2) To inquire on a written application whether a job applicant has ever been arrested; however, nothing in this section shall be construed as preventing any employer from inquiring on a written application whether an applicant has ever been convicted of any offense which is job-related;

(3) To engage in sexual harassment; provided that a labor organization shall be responsible for sexual harassment of the labor organization's employees or members by nonemployees or nonmanagerial or nonsupervisory employees only if the employment agency becomes aware of the conduct and fails to take reasonable corrective measures.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-39. Discrimination by an employer, employment agency or labor organization.
It shall be unlawful for an employer, employment agency or labor organization to do any of the following acts for a reason based on unlawful discrimination: to exclude any individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including an on-the-job training program; to place or accept an order or request for referrals, to print or publish, cause to be printed or published, any notice or advertisement, or use any publication form, relating to employment by such an employer, or to membership, or any classification or referral for employment by such a labor organization or employment agency, indicating any preference, limitation, specification or distinction based on unlawful discrimination.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-40. Exceptions.

(a) It shall not be unlawful for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual.

(b) It shall not be unlawful for a notice or advertisement to indicate a preference, limitation or specification where such factors are bona fide occupational qualifications necessary for employment. Nor shall it be unlawful for a person to request, accept an order for, refer or hire an individual based on such a preference, limitation or specification where such factors are bona fide occupational qualifications necessary for such employment.

(c) It shall not be unlawful for any person to develop a bona fide affirmative action plan designed to overcome the effects of past discrimination and to take action not otherwise prohibited by this Chapter or State or Federal law to carry out any such affirmative action plan.
(C.B. No. 94-167, § 1, 7-5-94)

ARTICLE IV. DISCRIMINATION IN PUBLIC ACCOMMODATIONS

Sec. 17-56. Discrimination in general.
It shall be unlawful to do any of the following acts based on unlawful discrimination: to deny, directly or indirectly, or charge a higher price than the regular rate, for the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation; to print, circulate, post, mail, or otherwise cause, directly or indirectly, to be published a statement, advertisement or sign which indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation will be refused, withheld from or denied an individual; or that an individual's patronage of, or presence at, a place of public accommodation is objectionable, unwelcome, unacceptable or undesirable.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-57. Exceptions.

(a) Nothing in this section shall apply to a private club or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages or accommodations of the establishment are made available generally to the customers or patrons of the establishment so long as membership in the club or establishment is not based on color, national origin or race.

(b) It shall not be unlawful to discriminate on the basis of sex in the provision of facilities which are distinctly private in nature, such as restrooms, shower rooms, bath houses, health clubs or other similar facilities.
(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-58. Credit transactions.

(a) Loans. It shall be unlawful to do any of the following acts based on unlawful discrimination: deny any person any of the services normally offered by such an institution; provide any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated; deny or vary the terms of a loan; deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area; deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan; or utilize lending standards that have no economic basis and which constitute unlawful discrimination.

(b) Credit cards. Nothing contained in this article shall prohibit a financial institution or a person who offers credit cards from making an inquiry of:

(1) The applicant's age, permanent residence, immigration status, or any additional information if such inquiry is for the purpose of determining the amount and probable continuance of income levels;

(2) Credit history, or other pertinent element of credit-worthiness as provided in regulations of the State of Illinois, using any empirically derived credit system which considers age if such system is demonstrably and statistically sound;

(3) Refusing to extend credit when required by or pursuant to any credit assistance program expressly authorized by law for an economically disadvantaged class of persons;

(4) Credit assistance program expressly authorized by a nonprofit organization for its members of an economically disadvantaged class of persons; or

(5) Special purpose credit program offered by a profit-making organization to meet special social need which meets standards prescribed by the State of Illinois in its regulations.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-59. Exceptions.
Nothing contained in this article shall prohibit a financial institution from considering sound underwriting practices in contemplation of any loan to any person. Such practice may include the following criteria:

(1) The willingness and the financial ability of the borrower to repay the loan;

(2) The market value of any real estate or other item of property proposed as security for any loan; or

(3) Diversification of the financial institution's investment portfolio.

(C.B. No. 94-167, § 1, 7-5-94)

Sec. 17-60. Explanation of denial required.
It shall be an unlawful practice for any person to refuse, upon the written request of an unsuccessful applicant for credit, to provide within a reasonable period of time such an applicant with a written statement explaining the reason(s) for the denial, refusal or restriction of the amount or use of credit.
(C.B. No. 94-167, § 1, 7-5-94)