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Ordinance 936 - Establishes Civil Rights CodeORDINANCE NO. 936 AN ORDINANCE 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 I 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, or na- tional origin 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 organization, ownership or occupancy of real property, a public accommodation, a public service, or an educational institution. Educational institution. Any university, college, or school operating within the city including 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 main- tained 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 perform 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 con- tract for the services of any person as an employee. Labor organization. Any person, employee representation com- mittee, or plan in which employees participate, and which exists wholly or in part for the purpose of dealing with employers con- cerning 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 in the practice of law. -1- 85 Public accommodations. The services and facilities of any and all places of business within the city engaged generally in the pro- vision of services or goods to the public or soliciting generally the public patronage, including, without limitation, theatres, ho- tels, motels, restaurants, taverns, barber shops, beauty shops, in- surance companies, lending organizations, financial institutions and carriers. Public services. Any services or facilities provided within the city to the general public. Real estate broker; real estate salesman. A real estate broker and a real estate salesman as defined by state law. Real property. Any right, title, interest in or to the pos- session, ownership, 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 unlaw- ful 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 or national origin with respect to employment, labor union membership, housing accommo- dations, property rights, education, public accommodations, and public services, or any of them, tend to create and intensify con- ditions of poverty, ill health, unrest, lawlessness, and vice and adversely affect the public health, safety, order, convenience, 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 or na- tional origin, 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 prac- tices based on race, age, color, sex, creed, religion, marital status, ancestry, or national origin 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 discri- minatory practices; and (e) To effectuate the foregoing policy by means of public in- formation and education, mediation and conciliation, and enforcement. SECTION 3. Without limitation, the following are declared to be discrimination: (a) For an employer, because of race, age, color, sex, creed, religion, marital status, ancestry, or national origin, 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 condi- tion'of employment. (b) For an employment agency, because of race, age, color, sex, creed, religion, marital status, ancestry or national origin, to accord adverse, unlawful or unequal treatment to any person or employee with respect to application, hiring, training, apprentice- ship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment. -2- 86 (c) For any labor organization, because of race, age, color, sex, creed, religion, marital status, ancestry, or national origin, to deny full and equal membership rights to an applicant for mem- bership or to a member; to expel, suspend or otherwise discipline a member; or to accord adverse, unlawful or unequal treatment to any person with respect to his hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employ- ment. (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, or national origin, to fail or refuse to sell, rent, assign, or otherwise trans- fer 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 accom- modations, because of race, age, color, sex, creed, religion, marital status, ancestry, or national origin, to fail or refuse to 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, de- livery, 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, or national origin, to fail or refuse to provide to any person access to the use and benefit thereof, or the terms and con- ditions 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, or national origin, to conceal or attempt to conceal any unlawful discrimination or to aid, abet, compel, coerce, incite or induce, or attempt to induce, another person to discriminate, or by any means, trick, artifice, advertise- ment or sign, or use any form of application, or make any record or inquiry, or device whatsoever to bring about or facilitate dis- crimination, 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 observance and support of the purposes and provisions of this chapter. (h) For any person, bank, banking organization, mortgage com- pany, insurance company, or other financial institution or lender to whom application is made for financial assistance for the pur- chase, lease, acquisition, construction, rehabilitation, repair, or maintenance of any real property or any agent or employee there- of, to discriminate against any person or group of persons, because of race, age, color, sex, creed, religion, marital status, ances- try, or national origin 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 discrimi- nation based upon race, age, color, sex, ancestry, or national origin. -3- SECTION 4. The city and all of its contracting agencies, depart- ments, and units shall include in all contracts hereinafter entered into, or renewed or extended, provisions whereby each other con- tracting 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 forthwith 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 en- gaged 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 con- tracting party; (e) This section shall be binding on all subcontractors or suppliers. SECTION 5. All officials, commissioners, agents, employees and ser- vants 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 responsibilities 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 .-i- DAY OF Ayem bey- , 1979. 12 - a) 6 . `,,(,/ Norma E. Happ, Mayor ATTEST: Marjor'e Giermann, City Clerk I, Marjo:;ie Giemmann, City Clerk of the City of Kalispell, Montana., do certify that on the day of� �1 „ 19__2Z_, I posted a copy of the foregoing ordinance in my office, and the same remained posted for a period of five days, and the foregoing is a true and correct copy of the ordinance as passed by the City Council. the City of Kalispell,