Chapter 2.30
DEPARTMENT OF HUMAN RELATIONS

Sections:

2.30.010    Department of Human Relations.

2.30.010 Department of Human Relations.

(A) Purpose and Public Policy. It is the purpose of this chapter and the public policy of the City to:

(1) Provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property, including but not limited to housing, and to eliminate segregation or separation based solely on race, religion, color, sex, disability, national origin, age or ancestry, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are hereby declared to be civil rights.

(2) Promote, through reasonable means and methods, equality of opportunity without regard to race, sex, color, religion, disability, ancestry, national origin, age, sexual orientation or gender identity.

(3) Protect persons from unfounded charges of discriminatory practices and to protect persons against the filing and investigation of duplicate charges of discrimination.

(4) The chapter shall be construed broadly so as to effectuate its purpose and the policy of the City.

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning:

“Affirmative action agreements” means voluntary written agreements entered into by persons and the commission for the correction of discriminatory practices.

Age. “Age” or “age discrimination” shall have the same meaning as defined in IC 22-9-2-1.

“Chairman” means the chairman of the commission.

“Commission” means the Human Relations Commission which is created pursuant to this chapter.

“Commission Attorney” means the City Attorney, or such assistants of the City Attorney as may be assigned to the commission.

“Complainant” means the person who signs a complaint on his own behalf, alleging that he has been aggrieved by a discriminatory practice.

“Complaint” means a written grievance filed by the Director of the commission, or by a complainant, which meets all of the requirements of this chapter.

“Director” means the Director of the commission.

“Disability” means physical or mental impairment which substantially limits one or more of a person’s major life activities, or a record of such an impairment, and includes a person who is regarded as having such an impairment.

Discrimination in Education. It shall be unlawful for any person, establishment or governmental agency regularly engaged in the offering of educational services to discriminate against anyone because of race, sex, color, religion, disability, ancestry, national origin, place of birth, age, sexual orientation or gender identity.

Discrimination in Public Accommodations. It shall be unlawful for any person or establishment which caters or offers its services or facilities or goods to the general public to discriminate against anyone because of race, sex, color, religion, disability, ancestry, national origin, place of birth, age, or sexual orientation.

“Discriminatory practice” means any one or more of the following committed within the jurisdiction of the commission:

(1) The exclusion from or the difference in treatment or the failure to grant to any person equal opportunities by reason of race, sex, color, religion, disability, ancestry, national origin, age, sexual orientation or gender identity; provided, however:

(a) It shall not be discriminatory practice to maintain separate restrooms or dressing rooms for men and women.

(b) It shall not be a discriminatory practice for any employer to hire employees or for an employment agency to classify or refer for employment any individual on the basis of sex, religion, national origin, disability, or ancestry, in those certain instances where sex, religion, national origin, disability, or ancestry is a bona fide occupational requirement, reasonably necessary for the normal operation of that particular business or enterprise.

(2) It shall be unlawful for any person, establishment or governmental agency regularly engaged in the offering of educational services to discriminate against anyone because of race, sex, color, religion, disability, ancestry, national origin, age, sexual orientation or gender identity.

(3) The exclusion from, or the difference in treatment of, or the failure to grant any person equal opportunities in the sale, rental, or financing of housing or other real property in any manner whatsoever, including but not limited to the following acts:

(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, sex, color, religion, disability, ancestry, national origin, age, sexual orientation or gender identity.

(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, sex, color, religion, disability, ancestry, national origin, age, sexual orientation or gender identity.

(c) To make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination or to intend to make any such preference, limitation, or discrimination based on race, sex, color, religion, disability, ancestry, national origin, sexual orientation or gender identity.

(d) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, sex, color, religion, disability, ancestry, national origin, age, sexual orientation or gender identity.

(e) With regard to any person whose business consists in whole or in part in the appraising of property or the making of real estate loans, to deny a loan or other financial assistance to an applicant therefor, or to discriminate against such applicant therefor, or to discriminate against such applicant in the fixing of amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, or to make a lower appraisal valuation because of the race, sex, color, religion, national origin or disability of such applicant, or of any person connected with such applicant in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given, or because of the presence or absence or the prospective presence or absence within a neighborhood of concentrations of persons of a particular race, sex, color, religion, disability, ancestry, national origin, age, sexual orientation or gender identity.

(4) The exclusion from, the difference in treatment of, or the failure to grant to any person equal opportunities because that person did one or more of the following:

(a) Filed a complaint alleging the violation of this chapter.

(b) Testified in a hearing before the commission in the performance of its duties and functions under this chapter.

(c) Requested assistance from the commission in connection with any alleged discriminatory practice, whether or not such discriminatory practice would be a violation of this chapter.

“Gender identity” means a person’s actual or perceived gender-related attributes, self-image, appearance, expression or behavior, whether or not such characteristics differ from those traditionally associated with the person’s assigned sex at birth.

“He” and “his” shall refer to both sexes and shall not be construed to limit the eligibility for any position to males.

Other Unlawful Practices. It shall be unlawful for any person to:

(1) Aid, abet, incite, compel, or coerce the doing of any act declared by this chapter to be unlawful.

(2) Knowingly obstruct the fair and lawful enforcement of this chapter by coercing or intimidating any complainant or prospective complainant, or any witness to any act made unlawful herein, or by destroying any records, documents or other evidence relevant to any alleged unlawful discriminatory practice as defined herein, after such person has received actual notice of a discrimination charge or has been served notice of a complaint filed.

(3) To discriminate against any other person with regard to, or to deny any other person access to or opportunities in employment, real estate transactions, education or public accommodations because any such other person has opposed any practice made unlawful by this chapter, or because such other person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this chapter.

“Person” means one or more individuals, partnerships, associations, organizations, labor organizations, corporations, cooperatives, legal representatives, trustees in bankruptcy, trustees, receivers, governmental agencies and departments, including but not limited to the City, and any of its departments and other organized groups; provided, however, that with regard to complaints concerning employment, “person” shall mean employers of six or more employees.

“Reasonable accommodation” may include:

(1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

“Respondent” means one or more persons against whom a complaint is filed under this chapter and who the complainant alleges has committed or is committing a discriminatory practice.

Retaliation. The actions of any person is discrimination against any other person with regard to or denying any other person access to or opportunities in employment, because any such other person has opposed any practice made unlawful by this chapter, or because such other person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under this chapter.

“Sexual orientation” means male or female homosexuality, heterosexuality and bisexuality, real or perceived, by orientation or practice.

(C) Prohibitive Clauses.

(1) No person shall engage in a discriminatory practice; provided, however, that the provisions of this section shall not apply to:

(a) Any nonprofit corporation or association organized exclusively for fraternal or religious purposes;

(b) Any school, education, charitable or religious institution owned or conducted by, or affiliated with, a church or religious institution; or

(c) Any exclusively social club, corporation or association that is not organized for profit and is not open to the general public.

(2) No person shall violate the terms of an affirmative action agreement to which he is a party.

(3) No person shall violate orders of the commission.

(D) Director. The Mayor shall appoint a Director who shall assist the commission in implementing, administering, and enforcing the provisions of this chapter. The Director shall serve at the pleasure of the Mayor, and shall report to the Director of the Division of Human Resources.

(E) Commission – Membership – Terms.

(1) There is hereby created a commission to be known as the Human Relations Commission. For the first two years (January 1, 2000, through December 31, 2001), the commission shall consist of 13 members who shall be residents of Vanderburgh County, and who shall be broadly representative of the community. The Mayor shall appoint eight members, the City Council shall appoint two members, the County Commissioners shall appoint two members, and the County Council shall appoint one member.

Beginning January 1, 2002, the commission shall consist of 11 members with the Mayor appointing six members, the City Council two members, the County Commissioners two members, and the County Council one member.

Members of the commission shall serve at the pleasure of the appointing authority.

(2) All appointments shall be for terms of two years beginning January 1st. Any member of the commission whose term has expired may continue in office until the member’s successor has been appointed by the appointing authority. A member of the commission may be re-appointed to successive terms of office.

(3) Commissioners may be compensated pursuant to the annual operating budget of the City, as adopted by the Common Council of the City.

(4) The commission shall hold meetings at regular intervals but not less frequently than once each month. The majority of the members of the commission shall constitute a quorum for the transaction of business. Notice of meetings shall be given pursuant to law.

(F) Jurisdiction. This chapter shall apply within the territorial jurisdiction of the City.

(G) General Powers and Duties of the Commission. The commission shall have the following powers and duties:

(1) To establish and maintain a permanent office in the City.

(2) To establish such subcommittees and advisory committees as in its judgment will aid the commission in effectuating the purposes of this chapter.

(3) To elect at an annual meeting from the membership a chairman, two vice-chairmen, and a secretary who shall occupy such offices for a term of one year from the date of the election, or until a successor has been elected.

(4) To appoint such agents, staff, and employees as the commission shall deem necessary and appropriate to carry out its duties and the provisions of this chapter, all within the limitation of its approved budget.

(5) To distribute information as in its judgment will tend to minimize or eliminate discrimination. However, the commission shall not have the power to disclose confidential information.

(6) To receive a complaint or complaints of alleged discriminatory practice or practices.

(7) To formulate policies designed to effectuate the purposes of this chapter and to make recommendations to any agency or agencies or officer or officers of the City, as the commission shall deem appropriate to implement such policies. To advise and cooperate with any agency or agencies, officer or officers of the City in relation to problems contemplated within the scope of this chapter and to make recommendations for the improvement of relationships within the community for the education and training of employees of the City, relative to the improvement of the relationships within the community.

(8) To assist governmental and private agencies, groups, and individuals in reducing community tensions and preventing conflicts between persons of different sexes and between persons of different racial, ethnic, and religious groups.

(9) To discourage persons from engaging in discriminatory practices through informal methods of persuasion or conciliation and through programs of public information and education.

(10) To furnish technical assistance upon request in order to assist persons in eliminating discriminatory practices and in implementing the policy and purposes of the State Civil Rights Act (IC 22-9-1-1 et seq.).

(11) To make such general investigations, studies, and surveys as the commission shall deem necessary for the performance of its duties.

(12) To adopt, promulgate, amend, and rescind rules and regulations not inconsistent with the provisions or intent and purposes of this chapter as the commission shall deem necessary or appropriate to effectuate the purpose of this chapter and to make more specific the procedure deemed necessary for orderly and equitable disposition of complaints. The rules and regulations, other than regulations relating to personnel, shall be adopted only after public notice and hearing thereon. The commission shall cause such rules or regulations to be printed in such manner as to be readily available to the public. The commission shall file the original copy and one duplicate with the City Clerk. Rules and regulations shall be effective as of the date and time of filing the original approved copy with the City Clerk.

(13) To prepare and submit at least annually a report of its activities to the appointing authorities and to the public which shall describe in general the investigations and proceedings conducted by the commission and the outcome thereof and the progress and achievements of the commission toward elimination of discriminatory practices. However, the report shall not disclose information made confidential by the provisions of this chapter.

(14) To receive any complaint referred to the commission by the State Civil Rights Commission pursuant to IC 22-9-1-12.1 of the State Civil Rights Act and to take such action with respect to any such complaint as is authorized or required in the case complaint filed under this chapter.

(15) To cooperate with the State Civil Rights Commission and any Federal, State, or local agencies, and with private organizations, individuals, and neighborhood associations in order to effectuate the purposes of this chapter and to further comply with Federal, State, and local laws and ordinances prohibiting discriminatory practices.

(16) To investigate, conciliate, and hear complaints, and when a complaint has been filed, if necessary, to obtain a subpoena to compel the attendance of witnesses or production of pertinent documents and records relative to the complaint. To administer oaths, examine witnesses, appoint hearing examiners or panels, make written findings of fact and recommendations, and institute actions for appropriate legal or equitable relief in the appropriate court; provided, that no person who initiates a complaint shall participate as a member of the commission in the hearing or disposition of the complaint. The commission shall make application to the appropriate court for the issuance of subpoenas to compel the attendance of witnesses or the production of pertinent documents and records relative to a filed complaint.

(17) To exercise such additional powers and functions as may be delegated to the commission by law.

(18) To hold public meetings and hearings on any and all matters and problems relating to the purposes of this chapter and the responsibilities of the commission.

(19) To enter into affirmative action agreements to correct discriminatory practices.

(20) However, the commission shall not have the power to hear any complaint or investigate any matter which involves the discipline or performance of duties of a City, County, or State police officer; nor shall the commission exercise any power delegated to the Merit Commission of the City Police Division.

(H) Complaint Procedure.

(1) A complaint charging that any person has committed a discriminatory practice may be filed with the commission at its office by:

(a) Any person claiming to be aggrieved by a discriminatory practice.

(b) By the Director who believes that a discriminatory practice has occurred.

(2) The complaint shall be accepted by the commission if:

(a) It is verified;

(b) It states the full names and addresses of the complainant and of the person aggrieved by the alleged discriminatory practice;

(c) It states the full name and address of the respondent;

(d) It states the alleged discriminatory practice;

(e) It states the acts or omissions of the respondent alleged to constitute the discriminatory practice; and

(f) It states the date of the alleged discriminatory practice.

(g) It shall include a statement listing all other known actions, civil or criminal, instituted before any other administrative agency, commission, department, or court, whether State or Federal, based upon the same grievance alleged in the complaint, with a statement as to the known status or disposition of the other action.

(3) The complaint may be amended by the complainant at any time prior to the notice of the hearing. The complaint may be withdrawn at any time. Notice of the amendment or withdrawal shall be given to the respondent.

(4) The complaint must be filed within 90 days after the date of the alleged discriminatory practice.

(5) The commission may, prior to scheduling any complaint for hearing as provided, refer any complaint to the State Civil Rights Commission for proceedings in accordance with the State Civil Rights Act (IC 22-9-1-1 et seq.). The Director shall cause a copy of the complaint to be mailed by certified or registered mail to the respondent at his last known residential address or his last known place of employment within five days from the date of filing of the complaint. Respondent may file a written response to the complaint at any time prior to the commencement of the hearing.

(6) All action taken, and information relative to a specific complaint obtained by the commission from the time of the filing of a complaint until the issuance of notice or hearing or until application for a citation of contempt, shall be confidential, and shall not be made public.

(7) Nothing said or done during endeavors at conciliation shall be used as evidence in any subsequent proceedings. Nothing stated in any conciliation or affirmative action agreement shall be interpreted as an admission by any provisions of this chapter.

(I) Investigation Procedure. Within 20 days after receipt of a complaint with the commission, the Director shall initiate an investigation of the alleged discriminatory practice charged in the complaint. The investigation shall be made by staff members of the commission and may include but shall not be limited to informal conferences or discussions with any party allegedly involved in or familiar with the alleged discriminatory practice or practices. The investigation report shall be written. A copy of the investigation report shall be sent to the complainant and if the Director determines:

(1) That the complaint should not be heard, the chairman shall issue and cause to be served upon the complainant and respondent by certified or registered mail notice of the Director’s findings and a declaration that it is the intention of the Director to have the complaint dismissed. The complainant shall have 10 days after the mailing of the notice to notify the commission of his request to have the decision of the Director reviewed. Upon receipt of the request, the chairman shall, within 10 days, appoint a Reviewing Commissioner who shall review the complainant’s request and shall within 30 days determine whether the complaint should be heard by the commission.

(2) If the Reviewing Commissioner does determine that the complaint should be heard, then the chairman shall proceed as in subsection (H) of this section.

(3) If the Reviewing Commissioner determines that the complaint should not be heard, the chairman shall issue and cause to be served upon the complainant and respondent, by certified or registered mail at the address of the complainant and respondent set forth in the complaint, notice of the Reviewing Commissioner’s findings and a declaration that the complaint is dismissed.

(J) Conciliation Procedure.

(1) After the Director or the Reviewing Commissioner has determined that the complaint should be heard, then the chairman shall instruct the Director or his staff to endeavor to eliminate the alleged discriminatory practice or practices by conference, conciliation, and persuasion. Any agreement resulting from this conference, conciliation, or persuasion shall be written. In the event an agreement is entered into, all further proceedings relative to the alleged discriminatory practice as to any respondent who entered into such an agreement shall immediately terminate and be dismissed.

(2) The terms of any agreement shall be made a part of the records of the commission. However, if parties to the agreement request that the agreement be confidential, the agreement shall be confidential. The commission may institute legal proceedings to enforce the agreement as provided in this chapter.

(K) Hearings, Findings, and Decisions.

(1) In the event either the Executive Director or the Reviewing Commissioner finds that a complaint should be heard, an adversary public hearing of the issues raised in the complaint shall be held. For purposes of a hearing under this subsection, not less than five commissioners shall be required at every such hearing. The chairman or a vice-chairman from the commission shall preside over the hearing.

(2) The chairman shall cause to be served upon the respondent and the complainant, by certified mail or registered mail, written notice of the time, date, and place of the hearing as required by IC 5-3-1-1 et seq.

(3) The parties may appear at the hearing in person and by counsel. Testimony at the hearing shall be made under oath and recorded. The hearing shall be conducted in a manner fairly calculated to provide a full hearing of the evidence and to allow the commission to reach a decision.

(4) The burden of proof shall be on complainant to prove his case by a preponderance of the evidence.

(5) The complainant and the respondent shall be parties to the proceedings held pursuant to this subsection. Any person who is indispensable to a complete determination or settlement of matters raised in the complaint may be joined as a party upon motion of any party.

(6) The parties shall be permitted to call such witnesses, and to offer such evidence and exhibits as are relevant and material to the issues raised in the complaint.

(7) Parties desiring a transcript of the hearing shall be furnished such a copy at their own expense.

(L) Orders of the Commission.

(1) Findings and orders of the commission upon hearing conducted pursuant to this section shall be by majority vote of the commissioners before whom the hearing is conducted.

(2) If, from a preponderance of the evidence, the commission finds that the respondent has not violated the provisions of this chapter, it shall state its findings and serve written copy thereof upon the parties and dismiss the complaint.

(3) If, from a preponderance of the evidence, the commission finds that the respondent has violated the provisions of this chapter, the commission shall issue its findings and orders in writing and cause a copy to be served on the parties by certified or registered mail.

(4) Orders of the commission entered pursuant to this section may include any or all of the following provisions, and the authority to order and require the following actions is hereby granted to the commission:

(a) That the respondent cease and desist from the discriminatory practice.

(b) That the respondent compensate the complainant pursuant to statute.

(M) Judicial Review. Judicial review of any order entered by the commission shall be available as provided by law.

(N) Violations – Penalties. Violations of the provisions of this chapter may be enforced pursuant to EMC 1.05.170 and 1.05.180, or as otherwise provided by statute.

(O) City Contracts. Every contract to which the City or any of its political or civil subdivisions is a party shall contain a provision preventing the contractor and his subcontractors from discrimination against any employee or applicant for employment in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment because of race, religion, disability, age, sexual orientation, gender identity, sex, national origin, or ancestry of the employee or applicant.

(P) Provisions against Preferential Treatment. Nothing in this chapter shall be interpreted to require any person to grant preferential treatment to any individual or any group because of the race, color, religion, sex, national origin, or ancestry of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, disability, age, sexual orientation, gender identity, sex, national origin, or ancestry employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, disability, age, sexual orientation, gender identity, sex, national origin, or ancestry in the City, or in any contiguous area, or in the available work force. [Ord. G-2016-5 §§ 1, 2, passed 2-25-16; Ord. G-2011-21, passed 11-29-11; Ord. G-2000-1, passed 2-14-00; Ord. G-88-14, passed 7-13-88; Ord. G-85-14, passed 4-8-85; Ord. G-83-26, passed 7-25-83; Ord. G-81-53, passed 12-14-81. 1982 Code § 30.138; 1983 Code § 3.30.138.]