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HomeMy WebLinkAboutProhibiting Discrimination in Employment, Providing for the Creation of the South Bend Fair Employment Practice CommissionORDINANCE No. 4o91 Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, Clerk of Common Council Approved and signed by me M i K 19� Clerk L4.- 0 `l i AN ORDINANCE PROHIBITING DISCRIMINATION IN EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN OR ANCESTRY BY EMPLOYERS, EMPLOYMENT AGENCIES, LABOR ORGANIZATIONS AND OTHERS, PROVIDING FOR THE CREATION OF THE SOUTH BEND FAIR EMPLOYMENT PRACTICE COMMISSION, PRESCRIBING ITS DUTIES AND POWERS, AND PROVID- ING PENALTIES. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. That this ordinance shall be known as the South Bend Fair Employment Practice Ordinance. SECTION 2. Declaration of Policy It is hereby declared to be the policy of the City of South Bend in the exercise of its police power for the protection of the public welfare,, health, safety and peace of the City of South Bend and the inhabitants. thereof, to prohibit unfair employment practices as hereinafter defined and to establish the South Bend Fair Employment Practice Commission as an administrative agency charged with the duty of effectuating the provisions and purposes of this ordinance. SECTION 3. Definitions (a) The term "discriminate," "discriminates," or "discrimination," whenever used in this ordinance are hereby defined and declared to mean and include discrimination solely on the ground, or because of, race, religious creed, color, national origin or ancestry. (b) The term "employee" whenever used in this ordinance is hereby defined to mean any person working for another. (c) The term "employer" whenever used in this ordinance is hereby de- fined as a person, one or more individuals, a partnership, association, or corporation hiring employees unless otherwise hereinafter exempted. (d) The term "labor organization" whenever used in this ordinance is hereby defined as any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of mutual aid or protection in connection with employment. (e) The term !'employment agency" whenever used in this ordinance is hereby defined as any person, one or more individuals, a partnership, association or corporation, which undertakes with or without compensa- tion, to procure opportunities' to work, or to procure, recruit, refer or place employees. (f) The term "commission" whenever used in this ordinance shall mean the South Bend Fair Employment Practice Commission created herein. (g) The term "membership" whenever used in this ordinance shall mean membership in a Labor organization as herein defined. SECTION 4. Discrimination in Employment Practices Prohibited It shall be unlawful for employers, employees, labor organizations, employment agencies or others subject to this ordinance to: (a) Discriminate against any person with regard to hire, discharge, tenure, up grading terms, conditions or privileges of employment or membership in any labor organization solely on the grounds of race, religious creed, color, national origin or ancestry. (b) Publish or cause to be published any information, notice or adver- tisement relating to employment or membership which contains any speci- fications or limitations as to race, religious creed, color, national origin or ancestry. (c) Require of any applicant as a condition of employment or membership any information concerning his race, religious creed, color, national origin or ancestry. (d) Aid, abet, encourage or incite the commission of any discrimination prohibited by this ordinance. (e) To discriminate against any person because he opposed any practice prohibited by this ordinance or because he made a charge, testified or assisted in any manner in any investigation, proceeding or hearing as provided herein. SECTION 5. Discrimination in Employment Practices Prohibited in Cit The City of South Bend shall prohibit all the discriminatory practices set forth in Section 4 in all its departments, divisions, boards and commissions; or the commission of said discriminatory practice by any city officials, their agents or employees acting for or on behalf of said city. The City of South Bend and all of its contracting agencies and department! shall include in all public works contracts hereafter negotiated a pro- vision obligating the public works contractor not to commit any of the discriminatory practices set forth in Section 4 and shall require such contractor to include a similar provision in all sub - contracts. This provision shall apply to all public works contracts and said sub- contracts carried on by said city or on property under its ownership or control. SECTION 6. Authorized Exemptions Exempt from the requirements of this law shall be: (a) Any employer of less than twelve people; nor shall members of the immediate family of an employer be included -in determining the number of employees. (b) Any bona fide religious organization whose membership or service is limited to persons of a single religious faith. (c) Any private organization having a purely social or fraternal purpose (d) Any type of employment where religious creed, national origin or ancestry would be considered an essential qualification of employment. (c) The respondent shall have the right to file answer to the complaint and appear at such hearing to testify in his own behalf, or to be re- presented by counsel or otherwise, and to examine and cross- examine witnesses. (d) If upon all the evidence taken, the Commission by a majority vote shall determine that the respondent committed the discriminatory prac- tice set forth in the complaint, the Commission shall issue an order directing the respondent to cease such discriminatory employment prac- tice so found to be engaged in. The Commission shall have power to require proof of compliance. (e) In the event the respondent refuses or fails to comply with any suc order issued by the Commission, the Commission shall certify the case and the entire record of its proceedings to the City Department of Law who shall invoke the aid of an appropriate court to impose the penalties provided in Section 10 of this ordinance and by appropriate action en- forcement of the order. SECTION 10. Penalty Any person who shall violate any of the provisions of the ordinance or a of the rules and regulations adopted thereunder or who shall fail, refus or neglect to comply with any order or decision of the South Bend Fair Employment Commission shall be subject for each violation to a fine not exceeding one hundred ($100.00) dollars, provided that prosecutions under this ordinance shall be brought only by the City Department of Law and such prosectuions shall be brought only after certification of a case to it by the Commission. SECTION 11. Severability The provisions of this ordinance are severable and if any provision, sentence, clause, section or part thereof shall be held illegal, invalid unconstitutional or inapplicable to any person or circumstance such illegality, invalidity, unconstitutionality or inapplicability shall not effect or impair any of the remaining provisions, sentences, clauses, sections or parts of the ordinance of their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provisions, sentence, clause, section or part had not been included therein and if the person or circumstance to which the ordinance or any part thereof is inapplicable had been specifically exempted therefrom. SECTION 12. Effective Date This ordinance shall be in full force and effect from and after the day of its passage. L Member of Ahe Common CofjAcil FUCUM 3rd EE.°3T1s J71M/ 4, NOT A" MVER Qi�rseEO t-A 57"y/��