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Amending Chapter 2 Human Rights Ordinance
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Amending Chapter 2 Human Rights Ordinance
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
7/26/1976
Ord-Res Number
6003-76
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W. To state its finding of fact after a hearing and, if the <br />Commission finds a person has engaged in an unlawful discriminatory <br />practice, it may cause to be served on such person an order requiring <br />such person to cease and desist from the unlawful discriminatory prac- <br />tice and requiring such person to take further affirmative action as <br />will effectuate the purposes of this article, including but not limited <br />to the power to restore complainant's losses incurred as a result of <br />discriminatory treatment, as the Commission may deem necessary to assure <br />justice, provided, however, that this specific provision when applied <br />to orders pertaining to employment shall include only wages, salary <br />or commissions in an amount not to exceed that lost over a two year <br />period; to require the posting of notice setting forth the public policy <br />of Indiana concerning civil rights and,the respondent's compliance with <br />said policy in places of public accommodations; to require proof of <br />compliance to be filed by the respondent at periodic intervals; to <br />require a person who has been found to be in violations of the South <br />Bend Human Rights Ordinance, and who is licensed by a State agency <br />authorized to grant a license, to show cause to the licensing agency <br />why his license should not be revoked or suspended. <br />(2) Judicial review of such cease and desist order or other <br />affirmative action as referred to in this article may be obtained. <br />Judicial review is instituted within thirty (30) days from receipt <br />of notice by a person that such order has been made by the Commis- <br />sion, if it determines that the person upon whom the cease and desist <br />order has been served is not complying or is making no effort to <br />comply. The Commission shall certify the case and the entire records <br />of its proceedings to the Department of Law, which shall invoke the <br />aid of an appropriate court to enforce the order. <br />(3) If, upon, all the evidence, the Commission shall find <br />that a person has not engaged in any such unlawful practice or vio- <br />lation of this article, the Commission shall state its findings of <br />facts and shall issue and cause to be served on the complainant an <br />order dismissing the said complaint as to such person. <br />(j) To reduce the terms of conciliation agreed to by the <br />parties to a writing to be called a "consent agreement" which the <br />parties and a majority of the Commissioners shall sign when so signed <br />the consent agreement shall have the same effect as a above. If the <br />Commission determines that a party to a consent agreement is not <br />complying with the agreement, the Commission may obtain in a circuit <br />or superior court upon showing that the party is subject to the Com- <br />mission's jurisdiction and resides or transacts business within the <br />County in which the petition for enforcement is brought. <br />(k) <br />t <br />the issuance or a Temporary Restraining Order or a Prellmi <br />unction when a complainant is suffering irreparable harm re <br />m a discriminatory practice. and when the complainant is li <br />to succeea on the merits or nis complaint with tae Commission. where <br />a Preliminary Iniunction is granted, such an order will be in full <br />rorce ana errect penaina the termination or proceeainas concernina <br />ss <br />SECTION 2 -132. Discrimination in performance of City contracts. <br />Every contract to which the City is a party, including fran- <br />chises granted to the public utilities, shall contain a provision <br />requiring the contractor and his subcontractor not to discriminate <br />against any employee or applicant for employment who is to be employed <br />in the performance of such contracts with respect to his hire, tenure, <br />
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