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8410-93 Amending Article 9 of Chapter 2 Human Rights Ordinance
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8410-93 Amending Article 9 of Chapter 2 Human Rights Ordinance
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City Council - City Clerk
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Ordinances
City Counci - Date
8/23/1993
Ord-Res Number
58-93
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resides or transacts business . <br /> (1) The Commission shall state its finding of fact <br /> after a hearing, and, if the Commission finds a person <br /> has engaged in an unlawful discriminatory practice, it <br /> may cause to be served on such person an order requiring <br /> such person to cease and desist from the unlawful <br /> discriminatory practice and requiring such person to <br /> take further affirmative action as will effectuate the <br /> purposes of this article, including but not limited to <br /> the power to restore charging party' s losses incurred as <br /> a result of discriminatory treatment, as the Commission <br /> may deem necessary to assure justice. The Commission <br /> may require the posting of notice setting forth the <br /> public policy of Indiana concerning civil rights and the <br /> respondent' s compliance with said policy in places of <br /> public accommodations; and it may require proof of <br /> compliance to be filed by the respondent at periodic <br /> intervals . <br /> (A) Except in housing cases which are separately <br /> treated in sub-part (eC) of this section, the <br /> Commission may impose a penalty upon any respondent <br /> of $1, 500 .00 for the first and second violation of <br /> this article within a five-year period, and may <br /> further impose a penalty of $2, 500.00 for three or <br /> more violations of this article within a five-year <br /> period. <br /> (B) When applied to discrimination in employment, <br /> the Commission shall have power to restore charging <br /> party' s losses by awarding damages including wages, <br /> salary, commissions, fringe benefits in an amount not <br /> to exceed that lost over a two-year period, . For <br /> discrimination in employment and housing, the <br /> Commission shall also have the power to award damages <br /> which will compensate charging party for future <br /> pecuniary loss, emotional pain, suffering, <br /> inconvenience, anguish, loss of enjoyment of life and <br /> other non-pecuniary losses, costs and attorney fees . <br /> (C) To vindicate the public interest in cases of <br /> housing discrimination, the Commission may assess a <br /> civil penalty of $2,500.00 for each commission of a <br /> discriminatory housing practice. <br /> (D) The Commission may sue to recover a civil <br /> penalty due under this section. [P.L. 66-1990, §2 . 1 <br /> (2) Judicial review of any decision of the Commission <br /> as referred to in this article may be obtained under <br /> I-nd. C=ode 4-22-21 .5-1 in the same manner as if the <br /> decision was that of a State agency. However, a <br /> complainant, a respondent, or an aggrieved person on <br /> whose behalf the complaint was filed may elect to have <br /> decided in a civil action those claims asserted in a <br /> finding of probable cause. Such election must be made <br /> not later than twenty (20) days after the date of <br /> receipt by the electing person of service under this <br /> chapter, and such person shall give written notice to <br /> the Commission and all other complainants and <br /> respondents to whom the finding of probable cause <br /> relates. Such civil action shall be filed in the <br /> circuit or superior court of St . Joseph County or any <br /> nthor (''rn1r1- of rvrnrcr -4..ri ,0A4 n4-4 n.-, »,ri 4 -F <br />
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