Repealing Chapter 11 Article 2 Human Rights

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-5- (1).. To state its finding of fact after a hearing and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further Affirmative Action as will effectuate the purposes of this Ordinance, including but not limited to the power to restore complainant's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice, provided however that this specific provision when applied to orders pertaining to employment shall include only wages, salary or commissions; to require the posting of notice setting forth the public policy of Indiana concerning Civil Rights and respondent's compliance with said policy in places of public accommodations; to require proof of compliance to be filed by respondent at periodic intervals; to require a person who has been found to be in violation of the South Bend Human Rights Ordinance, and who is licensed by a State Agency authorized to grant a license, to show cause to the licensing agency why his license should not be revoked or suspended. (2). Judicial Review of such cease and desist order or other Affirmative Action as referred to in this chapter may be obtained. Judicial Review is instituted within fifteen (15) days from receipt of notice by a person that such order has been made by the Commission, if it determines that the person upon whom the cease and desist order has been served is not complying or is making no effort to comply, the Commission may obtain a decree of a court for the enforcement of such order in a circuit or superior court upon showing that such person is subject to the commission's jurisdiction and resides or tranacts business within the county in which the petition for enforcement is brought. (3). If, upon all the evidence the Commission shall find that a person has not engaged in any such unlawful practice or violation of article 2, the Commission shall state its finding of facts and shall issue and cause to be served on the complainant an order dismissing the said complaint as to such person. (j) To reduce the terms of conciliation agreed to by the parties to a writing to be called a Consent Agreement which the parties and a majority of the Commissioners shall sign when so signed the Consent Agreement shall have the same effect as a cease and desist order issued pursuant to Sub - section (1). above. If the Commission determines that a party to a Consent Agreement is not complying with the Agreement, the Commission may obtain enforcement in a Circuit or Superior Court upon showing that the party is subject to the Commission's jurisdiction and resides or tranacts business within the county in which the petition for enforcement is brought. Sec. 11 -8 'City Contracts Every contract to which the City is a. party, including franchises granted to the public utilities, shall contain a pro- vision requiring the contractor and his subcontractor not to discriminate against any employee or applicant for employment who is to be employed in the performance of such contract with respect to his hire, tenure, terms conditions or privileges or employment of any matter directly or indirectly related to employment, because of his race, religion, color, sex, national origin or ancestry. Breach of this convenant may be considered a material breach of the contract.