G36-12I
r •:
Ordinance No. G36-12
• AN ORDINANCE
AMENDING CHAPTER 3.12 OF THE ELGIN MUNICIPAL CODE, 1976
AS AMENDED, ENTITLED "COMMISSION ON HUMAN RELATIONS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 3.12.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Declaration of Policy" be and is hereby further amended by amending Section 3.12.020
to read as follows:
"3.12.020: DECLARATION OF POLICY:
A. The city council, in support of constitutional provisions against prejudice
and the practice of discrimination against any individual or group because
of his or her race, color, religion, sex, national origin, age, ancestry, order
of protection status, familial status, marital status, physical or mental
disability, military status, sexual orientation, or unfavorable discharge
from military service desires to establish a commission on human
relations. To eliminate such prejudice and discrimination, an
instrumentality should be established through which the citizens of Elgin
may be kept informed of developments in human relations, the citizens
and public officials of the city may obtain expert advice and assistance in
progressive practices to keep peace and good order, and private persons
and groups may be officially encouraged to promote tolerance, goodwill,
interfaith and interracial harmony between all people.
B. It is declared to be the public policy of the city to assure full and equal
opportunity to all residents of the city to obtain fair and adequate housing
for themselves and their families in the city without discrimination against
them because of their race, color, religion, national origin, ancestry, age,
sex, marital status, familial status, order of protection status, disability,
military status, sexual orientation, or unfavorable discharge from military
service, and to secure to its residents the economic, social, and
professional benefits of living in an integrated society."
Section 2. That Section 3.12.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Appointment of Members; Composition; Term; Salary:" be and is hereby further
amended by amending Section 3.12.030 to read as follows:
"3.12.030: APPOINTMENT OF MEMBERS; COMPOSITION; TERM;
SALARY:
A. The human relations commission shall consist of seven (7) members
• appointed by the city council. Commission members shall be as broadly
representative of the community as practically feasible, in such areas as
race, color, religion, sex, national origin, age, ancestry, familial status,
marital status, physical or mental disability, sexual orientation, military
status, unfavorable discharge from military service, education, welfare,
labor, and management. There shall be two (2) ex officio nonvoting
members of the Human Relations Commission who shall be the City
Manager and the Chief of Police of the city.
B. Each member as appointed shall serve for a term of three (3) years; except
that the terms of initial appointees under this section shall be staggered in
such a manner so that the terms of four (4) members shall expire on the
first Tuesday of May on each of three (3) successive years. All members
of the commission shall continue in such capacity until their successor has
been duly appointed and is acting. Any member appointed to fill a
vacancy prior to the expiration of the term for which his predecessor was
appointed shall serve for the remainder of such term. All members of this
commission shall serve without compensation."
Section 3. That Section 3.12.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Powers and Duties" be and is hereby further amended by amending Section 3.12.050D
to read as follows:
3.12.050: POWERS AND DUTIES:
• D. The commission shall receive and investigate complaints of tensions,
practices of discrimination, and acts of prejudice against any person or
group because of his or her race, color, religion, sex, national origin, age,
ancestry, order of protection status, familial status, marital status, physical or
mental disability, military status, sexual orientation, or unfavorable discharge
from military service and shall seek to resolve such matters through
consultation, advice, and conciliation. The commission may make such
recommendations to the mayor, city council and city manager as in its
judgment will effectuate the policy of this chapter and, subject to the
approval of the city council, may issue such publications and such special
reports concerning its work and investigations as it may consider desirable
in the public interest."
Section 4. That Section 3.12.060 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended by amending Section 3.12.060 to read as
follows:
"3.12.060: DEFINITIONS
AGE: The chronological age of a person who is at least forty years old, except
with regard to any practice insofar as that practice concerns training or
apprenticeship programs. In the case of training or apprenticeship programs,
• "age" means the chronological age of a person who is eighteen but not yet forty
years old.
• AGGRIEVED PERSON: Includes any person who:
A. Claims to have been injured by a discriminatory practice; or
B. Believes that such person will be injured by a discriminatory
practice that is about to occur.
CHARGE: A written statement of the facts upon which the human relations
commission, designee or staff representative to the commission has found
reasonable cause to believe that a discriminatory housing or employment practice
has occurred or is about to occur. The charge is filed by the human relations
commission or staff representative to the commission on behalf of the aggrieved
person.
COMPLAINANT: The person, including the human relations commission or its
designee(s) who files a complaint under the provisions of this chapter.
COMPLAINT: A written document filed by a complainant or the human relations
commission, which contains a claim or alleges that discrimination in housing or
employment has occurred or is about to occur.
CONCILIATION: The attempted resolution of issues raised by a complaint, or by
• the investigation of such complaint, through informal negotiations involving the
aggrieved person, the respondent, and the human relations commission or its
designee(s).
CONCILIATION AGREEMENT: A written agreement setting forth the
resolution of the issues in conciliation.
COVERED MULTI-FAMILY DWELLING:
A. Buildings consisting of four (4) or more units if such buildings
have one or more elevators; and
B. Ground floor units in other buildings consisting of four (4) or more
units.
DESIGNEE(S) OF THE HUMAN RELATIONS COMMISSION: Includes the
Human Resources Department staff representative designated in subsection
3.12.04013 of this Chapter, or one or more Human Relations Commissioners
appointed by the Human Relations Commission to perform a specified duty on
behalf of the Commission, or a hearing officer.
DISABILITY: A determinable physical or mental characteristic of a person,
• including, but not limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support dog, a history of such
characteristic, or the perception of such characteristic by the person complained
• against, which may result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
(1) For purposes of this Chapter is unrelated to the person's ability to
perform the duties of a particular job or position and, a person's
illegal use of drugs or alcohol is not a disability pursuant to Section
2-104 of the Illinois Human Rights Act, as amended;
(2) Is unrelated to a person's ability to acquire, rent or maintain a
housing accommodation;
(3) Is unrelated to a person's ability to repay;
(4) Is unrelated to a person's ability to utilize and benefit from a place
of public accommodation; and
(5) Any mental, psychological, or developmental disability, including
autism spectrum disorders.
DISCRIMINATE: To make a difference in treatment or favor any person because
of his or her race, color, religion, sex, national origin, age, ancestry, order of protection
status, familial status, marital status, physical or mental disability, military status, sexual
• orientation, or unfavorable discharge from military service
DWELLING: Any building, structure or portion thereof which is occupied as, or
designed or intended for occupancy as, a residence by one or more families, and
any vacant land which is offered for sale or lease for the construction or location
thereon of any such building, structure or portion thereof.
EMPLOYER: Includes and means any person employing five (5) or more persons
within the City during twenty (20) or more calendar weeks within any calendar
year; except that the term "employer" does not include any not-for-profit
corporation or association organized for fraternal or religious purposes, nor any
school, educational or charitable institution owned and conducted by or affiliated
with church or religious institution, nor any exclusively social club, corporation or
association that is not organized for profit. "Employer" also does not include an
individual who employs persons in "agricultural labor" as that term is defined in
820 Illinois Compiled Statutes 214, 1996, as now or hereafter amended. The term
"employer" expressly includes the City of Elgin and any unit or agency thereof.
EMPLOYMENT AGENCY: Includes both public and private employment
agencies and any person, and any labor organization or labor union having a
hiring hall or hiring office regularly undertaking with or without compensation, to
procure opportunities to work, or to procure, recruit, refer, or place employees.
•
FAMILIAL STATUS: One or more individuals who have not attained the age of
. eighteen (18) years being domiciled with:
A. A parent or another person having legal custody of such individual
or individuals; or
B. The designee of such parent or other person having such custody,
with the written permission of such person or other person.
The protections afforded against discrimination on the basis of familial status
shall apply to any person who is pregnant or is in the process of securing custody
of any individual who has not attained the age of eighteen (18) years.
HEARING: That part of an administrative proceeding that involves the
submission of evidence, either by oral presentation or written submission, and
includes the submission of briefs and oral arguments on the evidence and
applicable law.
LABOR ORGANIZATION: Includes any organization, or labor union, craft
union, or any other voluntary unincorporated association designed to further the
cause of the rights of union labor which is constituted for the purposes, in whole
or in part, for collective bargaining or of dealing with employers concerning
grievances, terms, or conditions of employment, or apprenticeships or
• applications for apprenticeships, or of other mutual aid or protection in connection
with employment, including apprenticeships or applications for apprenticeships.
MARITAL STATUS: The legal status of being married, single, separated,
divorced or widowed.
NATIONAL ORIGIN: The place in which a person or one of his or her ancestors
was born.
ORDER OF PROTECTION STATUS: A person's status as being a person
protected under an order of protection issued pursuant to the Illinois Domestic
Violence Act of 1986, as amended, or an order of protection issued by a court of
another state.
PERSON: Includes one or more individuals, partnerships, associations or
organizations, labor organizations, labor unions, or union labor associations,
corporations, legal representatives, mutual companies, joint stock companies,
trustees, trustees in bankruptcy or receivership, receivers fiduciaries, trusts and
unincorporated organizations.
REAL ESTATE: Includes buildings, structures, lands, tenements, leaseholds,
interests in real estate cooperatives, condominiums, and hereditaments, corporeal
• and incorporeal, or any interest therein.
REAL ESTATE BROKER, AGENT OR SALESMAN: A person, whether
• licensed or not, who, for or with expectation of receiving a consideration, lists,
sells, purchases, exchanges, rents or leases real property, or who negotiates or
attempts to negotiate any of those activities or who holds himself out as engaged
in these.
REAL ESTATE TRANSACTIONS: Includes the sale, exchange, rental or lease
of real estate. "Real estate transaction" also includes the brokering or appraising
of residential real property and the making or purchasing of loans or providing
other financial assistance:
A. For purchasing, constructing, improving, repairing or maintaining
a dwelling; or
B. Secured by residential real estate.
RELIGION: All aspects of religious observance and practice, as well as belief,
except that with respect to employers, "religion" has the meaning ascribed to it in
paragraph (F) of Section 2-101 of the Illinois Human Rights Act, as amended.
RESPONDENT:
A. The person or other entity accused on a complaint filed under this
Chapter; and
B. Any other person or entity identified in the course of investigation
and notified with respect to respondents so identified under this
Chapter.
SEXUAL ORIENTATION: Actual or perceived heterosexuality, homosexuality,
bi-sexuality, or gender-related identity, whether or not traditionally associated
with the person's designated sex at birth. "Sexual orientation" does not include a
physical or a sexual attraction to a minor by an adult.
STAFF REPRESENTATIVE: The Human Resources Department staff liaison to
the Human Relations Commission who is charged with the responsibility of
reviewing housing and employment complaints and monitoring contract
compliance.
TO RENT: Includes to lease, to sublease, to let and otherwise to grant for a
consideration the right to occupy premises not owned by the occupant.
UNFAVORABLE MILITARY DISCHARGE: Discharges from the Armed
Forces of the United States, their reserve components or any National Guard or
naval militia which are classified as RE-3 or the equivalent thereof, but does not
. include those characterized as RE-4 or "dishonorable".
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Section 5. That Section 3.12.070 of the Elgin Municipal Code, 1976, as amended,
• entitled "Unfair Employment Practices" be and is hereby further amended by amending Section
3.12.070 to read as follows:
"3.12.070: UNFAIR EMPLOYMENT PRACTICES:
It is an unfair employment practice:
A. For any employer, because of race, color, religion, sex, national origin, age,
ancestry, order of protection status, familial status, marital status, physical or
mental disability, military status, sexual orientation, or unfavorable discharge
from military service of a person, to refuse to hire, to segregate, or
otherwise to discriminate against such persons with respect to the hiring,
selection, and training for apprenticeship in any trade, or craft, tenure,
terms, or conditions of employment; or
B. For any employment agency to fail to refuse to classify properly, accept
applications and register for employment, refer for apprenticeship, or to
otherwise discriminate against any person because of his or her race, color,
religion, sex, national origin, age, ancestry, order of protection status, familial
status, marital status, physical or mental disability, military status, sexual
orientation, or unfavorable discharge from military service , to accept from any
person any job order, requisition or request for referral of applicants for
• employment or apprenticeship which makes, or has the effect of making
race, color, religion, sex, national origin, age, ancestry, order of protection status,
familial status, marital status, physical or mental disability, military status, sexual
orientation, or unfavorable discharge from military service a condition of
referral except for a bona fide occupational qualification; or
C. For any labor organization because of the race, color, religion, sex, national
origin, age, ancestry, order of protection status, familial status, marital status,
physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service of any person to discriminate against such
person, or to limit, segregate or classify its membership with respect to
such person, or to limit such person's employment opportunities, such
person's selection and training for apprenticeship in any trade or craft, or
otherwise to take or fail to take any action which affects adversely such
person's employment status, or status as an applicant for apprenticeship, or
such person's wages, tenure, hours of employment or apprenticeships
conditions; or
D. For any employer, employment agency, or labor organization to
discriminate against any person because he or she, reasonably and in good
faith, has made a charge, testified or assisted in any investigation,
proceeding or hearing herein; or
E. For any employer, employment agency, or labor organization to inquire on
a written application whether the job applicant has ever been arrested:
however, this subsection shall not be construed to preclude any employer,
employment agency, or labor organization from inquiring on a written
application whether a job applicant has ever been convicted of any offense
other than a "petty offense" as that term is defined in 730 Illinois
Compiled Statutes 5/5-1-17, 1996, as now or hereafter amended; or
F. For any person to compel or coerce any person to engage in any of the acts
declared in this Chapter to be unfair employment practices. Nothing in this
Section shall preclude an employer from hiring or selecting between
persons for any reason except for the unfair employment practices
specifically prohibited herein, or a bona fide occupational qualification.
Nor shall anything in this Section preclude any employer from giving or
acting upon the results of any professionally developed ability test,
provided that such test, its administration or action upon the results, is not
designed, intended, or used to discriminate because of race, color, religion,
sex, national origin, age, ancestry, order of protection status, familial status,
marital status, physical or mental disability, military status, sexual orientation, or
unfavorable discharge from military service ."
Section 6. That Section 3.12.080 of the Elgin Municipal Code, 1976, as amended,
entitled "Unfair Housing Practices" be and is hereby further amended by amending Section
3.12.080A to read as follows:
• "3.12.080: UNFAIR HOUSING PRACTICES:
A. It is unlawful to:
1. Make any distinction, discrimination or restriction against or to refuse to
negotiate with any person in the price, terms, conditions, or privileges of
any kind relating to the sale, rental, lease or occupancy of any real estate
in the City or in the furnishing of any facilities or services in connection
therewith because of race, color, religion, sex, national origin, age, ancestry,
order of protection status, familial status, marital status, physical or mental
disability, military status, sexual orientation, or unfavorable discharge from
military service; of the friends or associates of such person(s);
2. Make, print, publish, circulate, issue or display, or cause to be made,
printed, published, circulated, issued or displayed, any communication,
notice, advertisement, statement, sign or writing of any kind relating to the
sale, rental or leasing of any dwelling within the City, which will indicate
or express any limitation, preference, or discrimination in the sale, rental
or leasing of such real estate, based on race, color, religion, sex, national
origin, age, ancestry, order of protection status, familial status, marital status,
physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service, or an intention to make such limitation,
preference, or discrimination;
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I Refuse to sell, lease or rent after making of a bona fide offer, or refuse to
negotiate the sale, lease or rental of any dwelling or otherwise make
unavailable or deny a dwelling within the City to any person because of
race, color, religion, sex, national origin, age, ancestry, order of protection status,
familial status, marital status, physical or mental disability, military status, sexual
orientation, or unfavorable discharge from military service;
4. Falsely represent to any person because of race, color, religion, sex, national
origin, age, ancestry, order of protection status, familial status, marital status,
physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service that any dwelling is not available for
inspection, sale or rental when such dwelling is in fact so available;
5. Discriminate or to participate in discrimination in connection with
borrowing or lending money, making or purchasing of loans or the
provision of other financial assistance secured by residential real estate,
guaranteeing loans, accepting mortgages or otherwise obtaining or making
available funds for the purchase, acquisition, construction, rehabilitation,
repair or maintenance of any real estate in the City or otherwise financing
a real estate transaction on the grounds of race, color, religion, sex, national
origin, age, ancestry, order of protection status, familial status, marital status,
physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service;
• 6. Delay the processing or denying a loan or other financial assistance to a
person applying therefor for the purpose of purchasing, constructing,
improving, repairing, or maintaining any real estate in the City, or to
discriminate in the fixing of that amount, interest rate, duration, or other
terms or conditions of such loan or other financial assistance because of
race, color, religion, sex, national origin, age, ancestry, order of protection status,
familial status, marital status, physical or mental disability, military status, sexual
orientation, or unfavorable discharge from military service;
7. Solicit for sale or lease or listing for sale or lease, any real estate within
the City by representations regarding the present or prospective entry into
any neighborhood of a person(s) of a particular race, color, religion, sex,
national origin, age, ancestry, order of protection status, familial status, marital
status, physical or mental disability, military status, sexual orientation, or
unfavorable discharge from military service;
8. Distribute or cause to be distributed written material or statements
designed to induce any owner of real estate in the City to sell or lease his
property because of any present or prospective change in the race, color,
religion, sex, national origin, age, ancestry, order of protection status, familial
status, marital status, physical or mental disability, military status, sexual
orientation, or unfavorable discharge from military service of persons in the
neighborhood;
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9. Deny a person access to, or membership in real estate brokers'
organizations, or other services, organizations, or facility relating to the
business of selling or renting dwellings or to discriminate against any
person in the terms or conditions of such access, membership or
participation because of race, color, religion, sex, national origin, age, ancestry,
order of protection status, familial status, marital status, physical or mental
disability, military status, sexual orientation, or unfavorable discharge from
military service;
10. Enter into a listing agreement which discriminates against any person
because of race, color, religion, sex, national origin, age, ancestry, order of
protection status, familial status, marital status, physical or mental disability,
military status, sexual orientation, or unfavorable discharge from military
service;
11. Discriminate in appraising the value of real estate in the City or in the sale
of insurance in connection with a real estate transaction because of race,
color, religion, sex, national origin, age, ancestry, order of protection status,
familial status, marital status, physical or mental disability, military status, sexual
orientation, or unfavorable discharge from military service;
12. Coerce, intimidate, threaten, or interfere with any person in the exercise or
enjoyment of, or on account of his having exercised or enjoyed, or on
account of his having aided or encouraged any other person in the exercise
or enjoyment of any right granted or protected by this Section;
13. a. Discriminate in the sale or rental, or to otherwise make unavailable
or deny, a dwelling to any buyer or renter because of a disability
of:
(1) That buyer or renter;
(2) A person residing in or intending to reside in that dwelling
after it is sold, rented, or made available; or
(3) Any person associated with that buyer or renter.
b. Discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provisions of
services or facilities in connection with such dwelling, because of a
disability of:
(1) That person;
(2) A person residing in or intending to reside in that dwelling
after it is sold, rented, or made available; or
• (3) Any person associated with the buyer or renter.
• C. For purposes of this subsection, discrimination includes:
(1) A refusal to permit, at the expense of the disabled person,
reasonable modifications of existing premises occupied or
to be occupied by such person if modifications may be
necessary to afford such person full enjoyment of the
premises, except that, in the case of a rental, the landlord
may where it is reasonable to do so, condition permission
for a modification of the renter agreeing to restore the
interior of the premises to the condition that existed before
the modification, reasonable wear and tear excepted;
(2) A refusal to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations
may be necessary to afford such person equal opportunity
to use and enjoy a dwelling;
(3) In connection with the design and construction of covered
multi-family dwellings for first occupancy after March 13,
1991, a failure to design and construct those dwellings in
such a manner that:
• (A) The public use and common use portions of such
dwellings are readily accessible to and usable by disabled
persons;
(B) All doors designed to allow passage into and within all
premises within such dwellings are sufficiently wide to
allow passage by disabled persons in wheelchairs; and
(C) All premises within such dwellings contain the
following features of adaptive design:
(i) An accessible route into and through the
dwelling;
(ii) Light switches, electrical outlets, thermostats,
and other environmental controls in accessible
locations;
(iii) Reinforcements in bathroom walls to allow
later installation of grab bars;
(iv) Usable kitchens and bathrooms such that an
• individual in a wheelchair can maneuver about the
space; and
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. (v) Compliance with the appropriate requirements
of the American National Standards for buildings
and facilities providing accessibility for disabled
people (commonly cited as ANSI A117.1) suffices
to satisfy the requirements of this subsection
A13c(3)(C).
14. Refuse to sell or rent a dwelling because a person has a guide, hearing, or
support dog. It is a civil rights violation for the owner or agent of any
housing accommodation to:
a. 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 property to any blind,
hearing-impaired or physically disabled person because he
has a guide, hearing, or support dog; or
b. Discriminate against any blind, hearing-impaired or
physically disabled person in the terms, conditions or
privileges of sale or rental property or in the provisions of
services or facilities in connection therewith, because he
has a guide, hearing or support dog; or
• C. Require, because a blind, hearing-impaired, or physically
disabled person has a guide, hearing or support dog, an
extra charge in a lease, rental agreement, or contract for
purchase or sale, other than for actual damages done to the
premises by the dog.
15. Nothing in this Section shall be construed to require the Human Relations
Commission to review or approve plans, designs, or construction of all
covered multi-family dwellings, to determine whether the design and
construction of such dwellings are consistent with requirements of
subsection A13c(3) of this Section."
Section 7. That Section 3.12.100 of the Elgin Municipal Code, 1976, as amended,
entitled "Affirmative Action; City Contracts" be and is hereby further amended by amending
Section 3.12.10013 to read as follows:
"3.12.100: AFFIRMATIVE ACTION; CITY CONTRACTS:
B. All such contracts by and between the City and contractors and vendors
for the purchase of the City of goods and/or services shall contain the
following clauses:
The contractor/vendor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin,
age, ancestry, order of protection status, familial status, marital status, physical or
mental disability, military status, sexual orientation, or unfavorable discharge
from military service which would not interfere with the efficient
performance of the job in question.
The contractor/vendor will take affirmative action to comply with the
provisions of this ordinance and will require any subcontractor to submit
to the City of Elgin a written commitment to comply with those provisions.
The contractor/vendor will distribute copies of this commitment to all
persons who participate in recruitment, screening, referral and selection
ofjob applicants, prospective subcontractors.
The contractor/vendor agrees that the provisions of Chapter 3.12 of the
Elgin Municipal Code, 1976, is hereby incorporated by reference, as if set
out verbatim."
Section 8. That all ordinance or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 9. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
• avid J. Ka-pKa i ayor
Presented: June 27, 2012
Passed: June 27, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: June 27, 2012
Published: June 29, 2012 UpgSFLUM��It
Attest:
Kimberly Dewis, Cli-/ Clerk
•