03-12-12 Council Agenda & Packet

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ARTICLE IV. - COMPLAINT ADJUDICATION Page 2 of 6 institution, nor any exclusively social club,corporation or association that is not organized for profit and j j is not in fact open to the general public. i (b) Section 581-403 of this chapter shall not apply to the rental of rooms in a boardinghouse or rooming house or single-family residential unit; provided, however,the owner of the building unit actually maintains and occupies a unit or room in the building as his or her residence and,at the time of the rental,the owner intends to continue to so occupy the unit or room therein for an indefinite period subsequent to the rental. ' Section 581-403 of this chapter shall not apply to housing that meets the definition of"housing for older I persons"as contained in the Indiana l=air Housing Law, as that law may be amended from time to time. (d) The following shall not be discrimination on the basis of sex: (1) For any person to maintain separate restrooms or dressing rooms for the exclusive use of either I I sex; and (2) For an employer to hire and employ employees;for an employment agency to classify or refer for employment any individual;for a labor organization to classify its membership or to classify or at refer for employment any individual;or for an employer,labor organization or joint labor ; management committee, controlling apprenticeship or other trainin g or retrainin g programs,to admit or employ any individual in any such program;on the basis of sex in those certain i instances where sex is a bona fide occupational qualification reasonably necessary to the normal j h operation of that particular business or enterprise. 1 (G O 199 2005,§1) _-Sec. 581-405. - Grounds for complaint; persons who may y file. ii i (a) A complaint charging that any person has engaged in or is engaging in a discriminatory practice prohibited by section 581-403 of this chapter may be filed with the office by any person claiming to be 3 E aggrieved by the practice, by one(1)or more members of the board or by one(1)or more employees of i the office who have reasonable cause to believe that such a violation has occurred, in any of the following circumstances: (1) In the case of the acquisition of real estate, against the owner of the real estate, a real estate I broker, real estate salesperson or agent,or a lending institution or appraiser; (2) In the case of education, against the governing board of any public school district which operates i schools within the territorial limits of the consolidated city or of the county; ' (3) In the case of a public accommodation, against the owner or person in charge of any such establishment,or both; (4) In the case of a public facility, against the governmental body which operates or has jurisdiction over the facility;or a (5) In the case of employment,against any employer,employment agency or labor organization. (b) Sections 581-406 through 581-415 of this chapter shall not apply to complaints arising from employment performed for the city, or any department or agency thereof,or any employment performed for the county,or any department or agency thereof, unless such employee has first utilized all internal complaint procedures, remedial measures and investigatory procedures available through the agency's or department's written policies and procedures. In the absence of a written procedure, employees should report complaints to the office prior to submitting a complaint under section 581-406. In carrying out his or her duties under this chapter,the administrator of the office shall develop appropriate rules and procedures for the office to conduct internal investigations and to process and refer complaints related to allegations of discriminatory practices in employment against the city,a city department or agency,the county,o r a county department or agency.These rules and procedures shall include, but are not limited to, requiring employees of the city,a city department or agency,the county, or a county department or agency to use appropriate internal mechanisms prior to an investigation being instituted under section 581-412 (G.O. 111 2005 §..1.'G.O. 71, 2008...§28) - Sec. 581-406. - Contents of complaint. i To be acceptable by the office, a complaint shall be in writing and shall be sufficiently complete so as to 1 reflect properly the following: (1) The full name and address of the complainant or other aggrieved person or persons; i E (2) The full name and address of the person against whom the complaint is made; (3) The alleged discriminatory practice and a statement of particulars thereof; The date or dates of the alleged discriminatory j (4) 9 ry Practice; E i (g) If the alleged discriminatory practice is of a continuing nature,the dates between which the continuing discriminatory practices are alleged to have occurred; 1 (6) http://Iibrary.rnunicode.corn/HTML/12016/Ievel3/TITIIIPUHEWE CH581HUREEQOP_A... 3/6/2012