Ordinance 1116 - Establishes Civil Rights Code494
ORDINANCE NO. 1116
AN ORDINANCE AMENDING ORDINANCE NO. 936 ESTABLISHING A CIVIL RIGHTS
CODE FOR THE CITY OF KALISPELL.
BE IT ORDAINED BY THE CITY OF KALISPELL, MONTANA:
SECTION 1. For the purposes of this ordinance, the following words
and phrases shall have the meanings respectively ascribed to them as
follows:
Complainant. A person for whom or on whose behalf a complaint
alleging unlawful discrimination has been filed or issued.
Discrimination. Any act or attempted act which because of race,
age, color, sex, creed, religion, marital status, ancestry, national
origin or physical or mental handicap results in the unequal treatment
or separation or segregation of any person, or denies, prevents,
limits, or otherwise adversely affects, or if accomplished would
deny, prevent, limit or otherwise adversely affect the benefit or
enjoyment by any person of employment, membership in a labor organi-
zation, ownership or occupancy of real property, a public accommodation,
a public service, or an educational institution.
Educational institution. Any university, college, or school oper-
ating within the city inc u ing any school, institution, or organization
for vocational training, but the term shall not apply to the students
of, or the education provided by, any school maintained and operated
by a religious corporation, or association solely for the benefit of
its own membership.
Employ. To use or be entitled to the use and benefit of the
services of a person as an employee.
Employee. Any,and all persons who peform services for any employer
for compensation, whether in the form of wages, salary, commission,
or otherwise.
Employer. Any person within the city who hires or employs any
employee, and any person wherever situated who hires or employs any
employee whose services are to be partially or wholly performed in
the city but the term "employer" shall not include any person with
respect to the hiring or employment of a household domestic servant,
or any religious corporation, association or society with respect to
the hiring or employment of individuals of a particular religion,
when religion shall be a bona fide occupational qualification for
employment, provided such selection is not based on discrimination.
Employment. The state of being employed as an employee by an
employer.
Employment agency. Any person regularly undertaking, with or
without compensation, to procure employees for any employer or to
procure for employees opportunities to work for any employer and
includes any agent of such a person.
Hire. To engage or contract for, or attempt to engage or contract
for t-o services of any person as an employee.
Labor organization. Any person, employee representation committee,
or p an in which employees participate, and which exists wholly or in'
part for the purpose of dealing with employers concerning grievances,
labor disputes, wages, rates of pay, hours or other terms or conditions
of employment and shall include any conference, general committee,
joint or system board, or joint council.
Lawyer. A person duly authorized and licensed by the state to
engage i.n the practiceof law.
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Public accommodations. The services and facilities of any and
all places ot business within the city engaged generally in the
provision of services or goods to the public or soliciting generally
the public patronage, including, without limitation, theatres, hotels,
motels, restaurants, taverns, barber shops, beauty shops, insurance
companies, lending organizations, financial institutions and carriers.
Public services. Any services or facilities provided within the
city to the genera7 public.
Real estate broker; real estate salesman. A real estate broker
and a real estate salesman as a ine y state law.
Real property. Any right, title, interest in or to the possession,
owners ip, enjoyment, or occupancy of any parcel of land, any building
situated thereon, or any portion of such building in the city.
Respondent. A person against whom a complaint alleging unlawful
discrimination has been filed or issued.
SECTION 2. It is the public policy of the city and the purpose of
this chapter:
(a) That discriminatory practices based on race, age, color,
sex, creed, religion, marital status, ancestry, national origin or
physical or mental handicap with respect to employment, labor union
membership, housing accommodations, property rights, education, public
accommodations, and public services, or any of them, tend to create
and intensify conditions of poverty, ill health, unrest, lawlessness,
and vice and adversely affect the public health, safety, order, conve-
nience, and general welfare;
(b) To declare as civil rights the rights of all persons to the
fullest extent of their capacities, and without regard to race, age,
color., sex, creed, religion, marital status, ancestry, national origin,
or physical or mental handicap, equal opportunities with respect to
employment, labor union membership, housing accommodations, property
rights, education, public accommodations and public services;
(c) To prevent and prohibit any and all discriminatory practices
based on race, age, color, sex, creed, religion, marital status,
ancestry, national origin or physical or mental handicap with respect
to employment, labor union membership, housing accommodations, property
rights, education, public accommodations, or public services;
(d) To protect all persons from unfounded charges of discriminatory
practices; and
(e) To effectuate the foregoing policy by means of public information
and education, mediation and conciliation, and enforcement.
SECTION 3. Without limitation, the following are declared to be
iscrimination:
(a) For an employer, because of race, age, color, sex, creed,
religion, marital status, ancestry, national origin or physical or
mental handicap, to fail or refuse to hire, to discharge an employee,
or to accord adverse, unlawful or unequal treatment to any person or
employee with respect to application, hiring, training, apprenticeship,
tenure, promotion, upgrading, compensation, layoff, discharge, or any
term or condition of employment.
(b) For an employment agency, because of race, age, color, sex,
creed, religion, marital status, ancestry, national origin or physical
or mental handicap, to accord adverse, unlawful or unequal treatment
to any person or employee with respect to application, hiring, training,
apprenticeship, tenure, promotion, upgrading, compensation, layoff,
discharge, or any term or condition of employment.
(c) For any labor organization, because of race, age, color,
sex, creed, religion, marital status, ancestry, national origin or
physical or mental handicap, to deny full and equal membership rights
to an applicant for membership or to a member; to expel, suspend or
otherwise discipline a member; or to accord adverse, unlawful or
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unequal treatment to any person with respect to his hiring, apprentice-
ship, training, tenure, compensation, upgrading, layoff or any term
or condition of employment.
(d) For any person, having any interest in real property and any
real estate broker or real estate agent, because of race, age, color,
sex, creed, religion, marital status, ancestry, national origin or
physical or mental handicap, to fail or refuse to sell, rent, assign,
or otherwise transfer any real property to any other person, or to
accord adverse, unlawful, or unequal treatment to any person with
respect to the acquisition, occupancy, use, and enjoyment of any real
property.
(e) For any person engaged in the provision of public accommodations,
because of race, age, color, sex, creed, religion, marital status,
ancestry, national origin or physical or mental handicap, to fail or
refuse tb provide to any person access to the use of and benefit from
the services and facilities of such public accommodations; or to
accord adverse, unlawful, or unequal treatment to any person with
respect to the availability of such services and facilities, the
price or other consideration therefor, the scope and quality thereof,
or the terms and conditions under which the same are made available,
including terms and conditions relating to credit, payment, warranties,
delivery, installation, and repair.
(f) For any person engaged in the provision of public services,
by reason of race, age, color, sex, creed, religion, marital status,
ancestry, national origin or physical or mental handicap, to fail or
refuse to provide to. any person access to the use and benefit thereof,
or the terms and conditions under which the same are made available,
including terms and conditions relating to credit, payment, warranties,
delivery, installation, and repair.
(g) For any person, because of race, age, color, sex, creed,
religion, marital status, ancestry, national origin or physical or
mental handicap, to conceal or a ttempt to conceal any unlawful discrimi-
nation or to aid, abet, compel, coerce, incite or induce, or attempt l
to induce, another person to discriminate, or by any means, trick,
artifice, advertisement or sign, or use any form of application, or
make any record or inquiry, or device whatsoever to bring about or
facilitate discrimination, or to engage in or threaten to engage in
any reprisal, economic or otherwise, against any person by reason of
the latter's filing a complaint, testifying or assisting in the obser-
vance and support of the purposes and provisions of this chapter.
(h) For any person, bank, banking organization, mortgage company,
insurance company, or other financial institution or lender to whom
application is made for financial assistance for the purchase, lease,
acquisition, construction, rehabilitation, repair, or maintenance of
any real property or any agent or employee thereof, to discriminate
against any person or group of persons, because of race, age, color,
sex, creed, religion, marital status, ancestry, national origin or
physical or mental handicap of such person or group of persons or of
the prospective occupants or tenants of such real property in the
granting, withholding, extending, modifying, renewing, or in the rates,
terms, conditions, the extension of services in connection therewith.
(i) Wherever religious organizations or bodies are exempt from
any of the provisions of this chapter, such exemption shall apply
only to religious qualifications for employment or residence in church
owned or operated property, and such organizations shall not be exempt
from any provisions of this chapter relating to discrimination based
upon race, age, color, sex, ancestry, national origin or physical or
mental handicap.
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SECTION 4. The city and all of its contracting agencies, departments,
anir units shall include in all contracts hereinafter entered into, or
renewed or extended, provisions whereby each other contracting party
agrees:
(a) That with respect to any and all business conducted or acts
performed pursuant to said contract, such other contracting party
shall be deemed an employer within the meaning of this chapter and
shall be subject to the provisions of this chapter;
(b) That in the event said other contracting party fails to
perform the aforesaid contractual provisions, said contract may forth-
with be terminated and cancelled in whole or in part by the city and
said other contracting party shall be liable for any costs or expense
incurred by it in obtaining from other sources the work and services
to be rendered or performed or the goods or properties to be furnished
or delivered to the city under the contract so terminated or cancelled;
(c) That should the City Council in a proceeding brought as
hereinafter provided find that the said contracting party has engaged
in discrimination in connection with any such contract and issue a
cease and desist order with respect thereto, the city shall withhold
up to fifteen percent (15%) of the said contract price until such
time as the Council's order has been complied with or said other
contracting party has been adjudicated not guilty of such discrimination;
(d) That said other contracting party will permit access to any
and all records pertaining to hiring and employment and to other
pertinent data and records for the purpose of enabling the City
Council, its agencies or representatives, to ascertain compliance
with the provisions of this chapter applicable to said other contracting
party;
(e) This section shall be binding on all subcontractors or
suppliers.
SECTION 5. All officials, commissioners, agents, employees and servants
of the city, elected and appointed, including civil service employees,
and whether serving with or without compensation, shall observe the
terms and provisions of this chapter and shall, except as expressly
prohibited by law, respond promptly to any and all requests by the
City Council for information and for access to data and records for
the purpose of enabling the City Council to carry out its responsibil-
ities under this chapter. The failure of any such official,
commissioner, agent, employee or servant of the city to comply with
any provision of this chapter relating to any matter within the scope
of his official duties shall be deemed a violation of this chapter.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AND APPROVED BY THE MAYOR THIS 15th_ DAY OF ,
1988.
n E Kenne y J ., Mayor
ATTEST: I, Don Halver, City Clerk of the City of Kalispell, MT,
do hereby certify that on the day of ,
1988, the attached ordinance passed the first reading and
...._the second reading will be heard at the regular
City Clerk -Treasurer council meeting to be held on the day of
. 1988.
City Clerk of the City of Kalispell, Montana