Chapter 62 HUMAN RIGHTS
Article I. In General
Sec.
62-1. Definitions.
Sec.
62-2. Complaints filed.
Sec.
62-3. Procedure for processing complaints.
Sec.
62-4. Additional proceedings on housing discrimination.
Sec.
62-5. Conciliation and persuasion.
Sec.
62-6. Failure to honor commitment.
Sec.
62-7. Confidentiality.
Sec.
62-8. Public hearing.
Sec.
62-9. Judicial review.
Sec.
62-10. Temporary injunction.
Sec.
62-11. Administration of chapter.
Sec.
62-12. Attorney.
Sec.
62-13. Executive director.
Sec.
62-14. Construction of chapter.
Sec.
62-15. Effect of remedies.
Sec.
62-16. Sixty-day administrative release.
Secs.
62-17‑‑62-40. Reserved.
Sec.
62-41. Established; appointment; composition; terms.
Sec.
62-42. Powers and duties of commission and director.
Secs.
62-43‑‑62-70. Reserved.
Sec.
62-71. Enumerated.
Sec.
62-72. Exemptions.
Secs.
62-73‑‑62-100. Reserved.
Sec.
62-101. Enumeration of illegal practices.
Sec.
62-102. Illegal discriminatory practices based on disability.
Sec.
62-103. Exemptions.
Sec.
62-104. Threat of force or intimidation; penalty.
Sec.
62-105. Effect on other law.
Sec.
62-106. Civil action.
Sec.
62-107. Additional civil proceedings.
Secs.
62-108‑‑62-135. Reserved.
Sec.
62-136. Enumerated.
Sec.
62-137. Exemptions.
Secs.
62-138‑‑62-165. Reserved.
Sec.
62-166. Illegal practices.
Sec.
62-167. Reasonable accommodation.
Sec.
62-168. City contracts.
Sec.
62-169. Nondiscrimination in urban renewal projects.
Sec. 62-1. Definitions.
The following words, terms and phrases,
when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Commission or human rights
commission means the Des Moines Human Rights Commission.
Covered multifamily dwelling
means:
(1) A building consisting of four or more units of such building having one or more elevators; and
(2) Ground floor
units in other buildings consisting of four or more units.
Disability means the
physical or mental impairment that substantially limits one or more of the
major life activities of a person; a record of this impairment; or being
regarded as having such an impairment. Disability does not include current,
illegal use of or addiction to a controlled substance as defined in section 102
of the Controlled Substance Act (21 USC 802). In reference to employment, under
this chapter, the term "disability" also means the physical or mental
condition of a person which constitutes a substantial handicap, but is
unrelated to such person's ability to engage in a particular occupation.
Discriminate, discrimination,
or discriminatory means any significant and unreasonable difference in
treatment because of age, race, religion, creed, color, sex, sexual
orientation, national origin, ancestry, disability or familial status and
includes any and all of the illegal discriminatory practices enumerated in this
chapter. This term shall also mean to separate, to segregate, or to make a
distinction against any persons, because of age, race, religion, creed, color,
sex, sexual orientation, national origin, ancestry, disability or familial
status. This term shall also include any significant and unreasonable
difference in treatment because of a person's association with another of a
different age, race, religion, creed, color, sex, sexual orientation, national
origin, ancestry, disability or familial status.
Dwelling means any
building, structure, or portion thereof, including but not limited to trailer
courts, trailer parks, or mobile home courts, whether such building or portion
is constructed or is to be constructed, which is occupied as or designed or
intended for occupancy as a residence or sleeping place of one or more persons
or families and any vacant land or real estate which is offered for sale, rent,
or lease for the construction or location thereof of any such building,
structure, or portion thereof or real property usable for purposes of human
habitation or for the construction thereon of a residential facility.
Employee includes any
person employed by an employer but does not include an individual employed by
that person's parents, spouse, or child or in the domestic service of any
person.
Employer includes, but
is not limited to, any person in this city employing four or more persons; any
person acting directly or indirectly for an employer; and the city and any
other governmental entity or any board, commission, department, or agency
thereof employing persons whose employment or any part thereof is within this
city.
Employment agency
includes any person or governmental agency undertaking, with or without
compensation, to procure employees or opportunities to work, or to procure,
recruit, refer, or place employees or any person holding itself equipped to do
so.
Familial status means
one or more individuals who have not attained the age of 18 years being
domiciled with:
(1) A parent or
another person having legal custody of such individual; or
(2) The designee
of such parent or other person having such custody of the individual, with the
written permission of such parent 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 legal custody of
any individual who has not attained the age of 18 years.
Financial institution
includes any person regularly engaged in the business of lending money or
guaranteeing such loans on dwellings.
Illegal discriminatory
practice means those practices specified as illegal or discriminatory
in articles III and V of this chapter and in sections 62-101, 62-102, 62-103,
62-104, 62-166, 62-168, 62-169 of this chapter or as otherwise specified as
illegal in this chapter.
Labor organization
includes any organization which exists for the purpose, in whole or in part, of
collective bargaining or of dealing with employers concerning grievances,
terms, or conditions or privileges of employment or of mutual aid or protection
in connection with employment.
Owner includes the
owner, lessee, sublessee, assignee, agent, or other person having the right to
sell, rent, lease, or transfer any housing accommodation or real property
within the corporate limits.
Person includes, but
is not limited to, one or more individuals, partnerships, associations, labor
organizations, corporations, legal representatives, mutual companies, trusts,
trustees, trustees in bankruptcy or receivers, fiduciaries, joint stock
companies, unincorporated organizations, and the state, county and city and any
other governmental entity and any of their respective departments, divisions,
boards, commissions, officials, agents and employees.
Public accommodations
includes any person who caters or offers his or her goods, services,
facilities, privileges, advantages, and accommodations to the public,
(including but not limited to) state and local governmental units and
tax-supported district of whatever kind.
(see Iowa Code §216.2(a)(12)
Real estate broker
includes any person, licensed or not, who, either for a fee or other valuable
consideration or without fee, sells, purchases, exchanges, rents, negotiates,
or attempts to negotiate the sale, purchase, exchange, or rental of a dwelling
as a regular practice, whether for himself or herself or another person, or who
acts as a go-between for a would-be-purchaser and seller of a dwelling.
Real estate salesperson or
agent includes any person, licensed or not, employed by a real estate
broker to perform or to assist in the performance of any or all of the
functions of a real estate broker, whether individually or for another person,
or who acts as a go-between for would-be-purchasers and sellers of housing
accommodations or real property on behalf of a real estate broker or
individually.
Respondent means the
person accused in any illegal discriminatory practices and any other person
identified in the course of investigation and notified as required.
Sex means gender. It
includes but is not limited to pregnancy, childbirth, and related medical
conditions; and women affected by pregnancy, childbirth or related medical
conditions shall be treated the same for all purposes covered by this chapter.
Sexual orientation
means actual or perceived heterosexuality, homosexuality or bisexuality. Sexual orientation does not include
participation in acts which are prohibited by law. (C54, § 2-418; O.5775; C62,
§ 2-418; O.7738; C62, § 25A-1; O.8291, 8565, 8920; C75, § 2-312; O.9337; C79, §
2-312; O.10,244; C91, § 2-312; O.11,784, 12,072; C00, § 62-1; O.13,922, 13,965)
Cross reference(s)‑‑Definitions
generally, § 1-2.
Sec.
62-2. Complaints filed.
(a) Any person claiming to be aggrieved by
an illegal discriminatory practice, as defined in this chapter, may file,
personally or by an attorney, with the human rights commission or any staff
member of the commission, a sworn complaint setting forth the particulars of
the alleged discrimination or discriminatory practices and including the name
and address of the person alleged to have committed the illegal discriminatory
practice and such other particulars as may be required by the commission. Upon
the filing of the complaint, the complainant shall be informed of the
confidentiality of the commission's investigation and conciliation efforts, and
the complainant's cooperation in maintaining the nonadversarial environment
such confidentiality fosters shall be sought by commission staff.
(b) Any complaint must be filed within 180
days after the complainant knew or should have known of the most recent act
constituting the alleged illegal discriminatory practice.
(c) A complaint
may be amended at any time before the final order is entered.
(C62, § 2-430; O.7079,
7738; C62, § 25A-13; O.8920; C75, § 2-321; O.9337; C79, § 2-321; C85, § 2-321;
O.11,468; C91, § 2-321; C00, § 62-2; O.13,922)
Sec.
62-3. Procedure for processing complaints.
(a) Whenever a verified complaint is filed
pursuant to this chapter, a true copy of the complaint shall be transmitted to
the person alleged to have committed the illegal discriminatory practice,
referred to as the "respondent," within ten days with a bill of
particulars setting out the dates and facts upon which the complaint is based.
Upon receipt of the complaint, the respondent shall be advised of the right to
file a written response to the allegations of the complaint, of the right to
counsel and the right to present evidence at any stage of the investigation and
hearing and shall be informed of the confidentiality of the human rights
commission's investigation and conciliation efforts and the respondent's
cooperation in maintaining the nonadversarial environment such confidentiality
fosters shall be sought by commission staff.
(b) The
executive director of the human rights commission shall appoint a member of the
commission staff who, under the supervision of the executive director, shall
make a prompt and full investigation of the alleged illegal discriminatory
practice and forward to the executive director a summary of the
investigation. If a complainant or
respondent fails or refuses to provide information requested for an investigation,
the executive director may issue a subpoena for that information.
(c) The executive director and staff member
may determine during the investigation that the complaint has no validity or is
not within the jurisdiction of the commission. Upon such determination the
complaint may be closed with a ministerial finding of no probable cause or no
jurisdiction and the complainant shall be so notified. The complainant may
appeal such ministerial finding to the chair and vice-chair of the commission
within ten days of the notification.
(d) If it is determined by the executive
director that no probable cause exists for the complaint, the complainant and
respondent shall be promptly notified in writing and the case shall be closed
unless this finding is appealed to the chair and vice-chair of the commission
within ten days of the notification.
(e) For an appeal from a finding of no
probable cause, the chair and vice-chair of the commission shall consider the
complaint. If it is determined that no probable cause exists, the chair and
vice-chair shall enter a final order of no probable cause and shall promptly
notify the complainant and respondent. If the chair and vice-chair of the
commission determine that probable cause exists, the staff shall be directed to
proceed with conciliation and persuasion.
(f) If the executive director determines
that probable cause exists for crediting the allegations in the complaint, the
staff shall proceed with conciliation and persuasion under the executive
director's supervision.
(g) An investigation shall be deferred if
the same complaint has been filed with an agency with duties and powers similar
to the commission which is proceeding with its own investigation of the
complaint. The commission's investigation may be stayed pending the completion
of the other agency's investigation if it is determined by the executive
director to be in the best interests of the commission.
(C54, § 2-423; O.5775; C62, § 2-423; O.7738; C62, § 25A-14; O.8291, 8920; C75, § 2-322; O.9337; C79, § 2-322; C85, § 2-322; O.11,468; C91, § 2-322; O.11,784; C00, § 62-3; O.13,922)
Sec. 62-4. Additional
proceedings on housing discrimination.
(a) The human
rights commission shall investigate the alleged discriminatory housing practice
and make its determination no later than 100 days after a complaint is filed
unless any of the following applies:
(1) It is
impracticable to make the determination within that time period;
(2) The
commission has approved a mediation agreement relating to the complaint; or
(3) If the commission
is unable to complete the investigation within the time period, provided the
commission shall notify the complainant and respondent in writing of the delay.
(b) The
commission, upon written notice, may amend the complaint to join a person, not named
in the complaint, as an additional or substitute respondent if, in the course
of the investigation, the commission determines that the person should be
alleged to have committed an illegal discriminatory practice. The procedure
shall be as follows:
(1) Notice
shall be served no later than ten days after the filing of an amended complaint
or identification of such substitute or additional respondent.
(2) The
commission shall include in a notice to a respondent an explanation of the
basis for the determination that the person is properly joined as a respondent.
(3) The
added or substitute respondent may file, not later than ten days after receipt
of the notice, an answer to such complaint.
(c) The commission shall, during the period
beginning with the filing of a complaint and ending with the filing of a charge
or a dismissal by the commission, to the extent feasible, engage in mediation
with respect to the complaint in accordance with the following:
(1) A
mediation agreement is an agreement between a respondent and the complainant
and is subject to commission approval.
(2) A
mediation agreement may provide for binding arbitration or other method of
dispute resolution. Dispute resolution that results from a mediation agreement
may authorize appropriate relief, including monetary relief.
(3) A
mediation agreement shall be made public unless the complainant and respondent
agree otherwise, and the commission determines that disclosure is not necessary
to further the purposes of this chapter relating to unfair or discriminatory
practices in housing or real estate.
(4) The
proceedings or results of mediation shall not be made public or used as
evidence in a subsequent proceeding under this chapter without the written
consent of the persons who are party to the mediation.
(d) When the commission has reasonable cause
to believe that a respondent has breached a mediation agreement, the commission
shall refer this matter to its attorney with a recommendation that a civil
action be filed for the enforcement of the agreement. The attorney may commence
a civil action in the appropriate district court not later than the expiration
of 90 days after referral of the breach.
(e) If the commission concludes, following
the filing of a complaint, that prompt judicial action is necessary to carry
out the purposes of this chapter relating to illegal or discriminatory housing
or real estate practices, the commission may authorize a civil action for
appropriate temporary or preliminary relief pending final disposition of the complaint
in accordance with the following:
(1) Upon
receipt of the commissions's authorization, the commission's attorney shall
promptly file the action.
(2) A
temporary restraining order or other order granting temporary relief under this
section is governed by the applicable
(3) The
filing of a civil action under this section does not affect the initiation or
continuation of administrative proceedings in regard to an administrative
hearing.
(f) The commission shall determine based on
the facts whether probable cause exists to believe that a discriminatory
housing or real estate practice has occurred or is about to occur in accordance
with the following:
(1) The
commission shall prepare a final investigative report.
(2) A
final report under this section may be amended by the commission if additional
evidence is later discovered.
(g) If the commission determines that
probable cause exists to believe that a discriminatory housing or real estate
practice has occurred or is about to occur, the commission shall immediately
issue a determination unless the commission determines that the legality of a
zoning or land use law or ordinance is involved. If the commission determines
that the matter involves the legality of a state statute, the commission shall
not issue a determination and shall immediately refer the matter to the
attorney for the commission for appropriate action.
(h) A determination issued by the commission
shall:
(1) Consist
of a short and plain statement of the facts on which the commission has found
probable cause to believe that a discriminatory housing or real estate practice
has occurred or is about to occur.
(2) Be
based on the final investigative report.
(3) Not
be limited to the facts or grounds alleged in the complaint.
(i) Not later than 20 days after the
commission issues a determination, unless it is impracticable to do, the
commission shall send a copy of the determination with information concerning
the election under section 62-106 of this chapter to the following persons:
(1) Each
respondent, together with a notice of the opportunity for a public hearing as
provided under this section and section 62-8 of this article.
(2) Each
aggrieved person on whose behalf the complaint was filed.
If
the commission is unable to send a copy of the determination within 20 days, it
shall notify the parties in writing of the delay.
(j) If the commission determines that no
probable cause exists to believe that a discriminatory housing or real estate
practice has occurred or is about to occur, the commission shall promptly
dismiss the complaint.
(k) The commission shall not issue a
determination under this section regarding an alleged discriminatory housing or
real estate practice after the beginning of the trial of a civil action
commenced by the aggrieved party under federal or state law seeking relief with
respect to that discriminatory housing or real estate practice.
(l) If a timely election is not made under
section 62-106 of this chapter, the commission shall provide an opportunity for
a hearing on the charges in the complaint in accordance with the following:
(1) Except
as provided by subsection (l)(2) of this section, the hearing shall be
conducted in accordance with this section and section 62-8 of this article.
(2) A
hearing under this section shall not be continued regarding an alleged
discriminatory housing or real estate practice after the beginning of the trial
of a civil action commenced by the aggrieved person under federal or state law
seeking relief with respect to that discriminatory housing or real estate
practice.
(m) If the commission determines at a hearing
under this section that a respondent has engaged or is about to engage in a
discriminatory housing or real estate practice, the commission may order the
appropriate relief, including actual damages, reasonable attorney's fees, court
costs, and other injunctive or equitable relief. Such order may, to vindicate
the public interest, assess a civil penalty against the respondent in an amount
not to exceed those established by I.C. § 216.15A.
(C91, § 2-322.01; O.11,784, 12,072; C00, § 62-4;
O.13,922)
Sec.
62-5. Conciliation and persuasion.
Immediately after a finding of probable cause pursuant to this article or sooner, if the complainant and respondent consent, the staff and the executive director of the human rights commission shall endeavor to eliminate the illegal discriminatory practice by conciliation and persuasion. If the complaint is successfully resolved to the satisfaction of the commission, complainant and respondent through conferences, conciliation and persuasion, it shall be formalized in a binding written agreement signed by a representative of the commission, complainant and respondent, and the commission shall furnish both the complainant and respondent with a copy of terms of the conciliation. (C62, §§ 2-432, 2-433; O.7079; C62, §§ 2-432, 2-433; O.7738; C62, § 25A-15; O.8920; C75, § 2-323; O.9337; C79, C91, § 2-323; O.11,784)
Sec.
62-6. Failure to honor commitment.
The human rights commission may
investigate a conciliated complaint filed pursuant to this article at a later
date to ensure that the respondent is complying with the terms of the
conciliation. In any case where the respondent has made commitments in the
conciliation and the commission finds that the commitments have not been kept,
it may open all of its files, previous complaints and proceedings involving the
respondent for public inspection and proceed with such further steps it finds
appropriate including initiation of a proceeding in Polk County district court
to effectuate the purposes of this chapter. (C62, § 2-435; O.7079, 7738; C62, §
25A-16; O.8920; C75, § 2-324; O.9337; C79, C91, § 2-324)
Sec.
62-7. Confidentiality.
(a) If a complaint filed pursuant to this
chapter is successfully conciliated or it is found that no discrimination was
practiced, the names of the parties to the complaint and all proceedings with
regard to such parties and the place of alleged discrimination shall be and
remain confidential unless otherwise agreed by mutual consent of the parties;
provided, however, that the terms of the conciliation may be published. This
section shall not prohibit disclosure made in connection with the conduct of an
investigation or any disclosure to the
(b) The members
of the human rights commission and its staff shall not disclose the filing of a
complaint, the information gathered during the investigation, or the endeavor
to eliminate such illegal discriminatory practice by conciliation or persuasion
except when such disclosure is made in connection with the conduct of the
investigation, including enforcement of a subpoena. The identity of individuals
interviewed shall remain confidential except as the disclosure of their
identity becomes necessary at the time of public hearing.
(c) If a complaint is not successfully
conciliated and a determination has been made to proceed to public hearing, the
executive director shall promptly forward to the respondent the names and
addresses of those persons who shall be called as witnesses at such public
hearing.
(C62, §§ 2-432, 2-433;
O.7079; C62, §§ 2-432, 2-433; O.7738; C62, § 25A-15; O.8920; C62, § 25A-17;
C75, § 2-325; O.9337, 9539; C79, § 2-325; O.10,656; C85, § 2-325; O.11,468;
C91, § 2-325; C00, § 62-7; O.13,922)
Sec.
62-8. Public hearing.
(a) In the event of failure to eliminate
illegal discriminatory practice by means of conciliation and persuasion, the
human rights commission may hold a public hearing if the executive director
determines that the circumstances warrant, in accordance with the following:
(1) Hearings
shall be conducted by the full commission or the commission may direct the chair
of the commission to designate three members of the commission or a
disinterested third party to act as a hearing officer to conduct the hearing.
(2) Where
the chairperson has designated a panel of commissioners to serve as hearing
officers at a public hearing, the chair shall designate one member of the panel
to act as presiding commissioner. All rulings and determinations shall be made
on majority rule.
(3) The
hearing shall be held not less than ten days after the respondent has been
served with a statement of the charges made in the complaint and a notice of
the time, place, and nature of the hearing.
(4) Such
written notice shall be delivered by personal service as in civil actions or by
certified mail, return receipt requested.
(5) If
a party fails to appear in a public hearing after proper service of a notice,
the person conducting the hearing may proceed and make a decision in the
absence of the party.
(6) The
burden of proof shall be on the commission.
(b) The respondent shall have the right to
file an answer to the statement of charges, to appear at the hearing in person,
to be represented by an attorney at the respondent's own expense or by any
other person, to examine and cross examine witnesses, and to present evidence.
(c) Oral proceedings
shall be open to the public and shall be recorded either by mechanized means or
by certified shorthand reporters. Oral proceedings or any part thereof shall be
transcribed at the request of any party at his or her or its expense. The
recording or stenographic notes of oral proceedings or the transcription
thereof shall be filed with and maintained by the commission for at least five
years from the date of decision. Notice of public hearing shall be disseminated
among local news media at least five days prior to the date of the hearing.
(d) A complaint or any part thereof may be
amended by the complainant or by the commission at any time before the final
order is entered in the case. However, if an amendment requires proof of
additional facts, the commission shall, if circumstances reasonably warrant
such action, allow the respondent sufficient time to gather evidence to rebut
such facts, which shall include the granting of a continuance or any other
relief that may be reasonably appropriate.
(e) After a review of the transcript, the
evidence, and the briefs, the hearing commissioners or the hearing officer
shall issue in writing the findings of fact, conclusions of law and the order,
then recommend such to the commission for its adoption, modification or rejection.
(f) When the commission presides at the
reception of evidence in a public hearing, the decision of the commission is a
final decision. When the commission did not preside at the reception of the
evidence in a public hearing, the hearing commissioners or the hearing officer
shall make a proposed decision.
(g) Upon receipt of the hearing
commissioner's or hearing officer's proposed decision, the commission shall
forward a copy of the proposed decision to each of the parties. The commission
shall include a notice of the date, time and place of the meeting at which the
commission shall review the proposed decision. The notice shall also advise the
parties of their appeal rights. An appeal shall be filed within 20 days after
the receipt of notice of the commission's final decision.
(h) The commission may adopt, modify or
reject the hearing commissioner's or hearing officer's proposed decision or it
may remand the case to the hearing commissioners or hearing officer for the
taking of such additional evidence and the making of such further recommended
findings of fact, conclusions of law, decision and order as the commission
deems necessary. Upon completing its review of the hearing commissioner's or
hearing officer's proposed decision, the commission shall cause the appropriate
order to be issued.
(i) The commission shall, within 60 days of
the date it receives the proposed decision, review the proposed decision at the
commission meeting. The commission shall consider all timely filed appeals,
exceptions and briefs at the time it reviews the proposed decision.
(j) If the commission fails to issue an
order within 60 days from the date the hearing commissioners or the hearing
officer issues recommendations, the proposed findings shall become final.
(k) If the commission concurs with the
hearing commissioners or the hearing officer, it shall issue an order requiring
the respondent to cease and desist from the illegal discriminatory practice and
to take such affirmative action as the hearing officer or hearing commissioners
found appropriate to remedy the illegal discriminatory practice. Such
affirmative action may include but is not limited to the following:
(1) Hiring,
reinstatement or upgrading of employees with or without pay. Interim earned
income and unemployment compensation shall operate to reduce the pay otherwise
allowable.
(2) Admission
or restoration of individuals to a labor organization or admission or
participation in a guidance program, apprenticeship training program,
on-the-job training program or other occupational training or retraining
program, with the utilization of objective criteria in the admission of
individuals to such programs.
(3) Admission
of individuals to a public accommodation or an educational institution.
(4)
(5) Extension
to all individuals of the full and equal enjoyment of the advantages,
facilities, privileges and services of the respondent denied to the complainant
because of the discriminatory or unfair practice.
(6) Reporting
as to the manner of compliance.
(7) Posting
notices in conspicuous places in the respondent's place of business in a form
prescribed by the commission and inclusion of notices in advertising material.
(8) Payment
to the complainant of damages for an injury caused by the discriminatory or
unfair practice, which damages shall include actual damages suffered by the
complainant, court costs and reasonable attorney's fees.
(l) If the commission disagrees with any portion
of the order so proposed, it may hold a hearing which shall be limited solely
to its points of disagreement, at which hearing the complainant, respondent and
the commission staff shall be given an opportunity to be heard and after which
it may accept, amend, or reject the questioned action and shall issue its order
pursuant to its conclusion at such hearing.
(C62,
§ 2-434; O.7079, 7738; C62, § 25A-17; O.8920; C62, § 25A-18; C75, § 2-326;
O.9337; C79, § 2-326; O.10,244, 10,256; C91, § 2-326; O.11,784; C00, § 62-8;
O.13,922)
Sec.
62-9. Judicial review.
(a) Any complainant or respondent claiming
to be aggrieved by a final order of the human rights commission or by the
commission's refusal to issue an order, may obtain judicial review thereof, and
the commission may obtain an order of court for the enforcement of commission
orders, in a proceeding as provided in this section.
(b) Such proceeding shall be brought in the
(c) Such proceeding shall be initiated by
the filing of a petition in the court and the service of a copy thereof upon
the city clerk, a representative of the commission and upon the respondent or
complainant. Thereupon the commission shall file with the court a transcript of
the record of the hearing before it. The court shall have jurisdiction of the
proceeding according to this chapter.
(d) An objection that has not been urged
before the commission shall not be considered by the court, unless the failure
or neglect to urge such objection shall be excused because of extraordinary
circumstances.
(e) Any party may move the court to remit
the case to the commission in the interest of justice for the purpose of
adducing additional specified and material evidence and seeking findings
thereon, provided such party shall show reasonable grounds for the failure to
adduce such evidence before the commission.
(f) The court may affirm the commission
action or remand to the commission for further proceedings. The court shall
reverse, modify, or grant any other appropriate relief from the commission
action, equitable or legal and including declaratory relief, if substantial
rights of the complainant have been prejudiced because the commission action
is:
(1) In
violation of constitutional or statutory provisions;
(2) In
excess of the authority of the commission;
(3) In
violation of commission rule;
(4) Pursuant
to unlawful procedure;
(5) Affected
by other error of law;
(6) In
a contested case, unsupported by substantial evidence in the record made before
the commission when that record is viewed as a whole; or
(7) Unreasonable,
arbitrary or capricious or characterized by an abuse of discretion or a clearly
unwarranted exercise of discretion.
(g) An aggrieved or adversely affected party
to the judicial review proceeding may obtain a review of any final judgment of
the district court under this chapter by appeal to the supreme court. The
appeal shall be taken as in other civil cases, although the appeal may be taken
regardless of the amount involved.
(h) The commission's copy of a transcript of
testimony shall be available to all parties for examination at all reasonable
times, without cost, and for the purpose of judicial review of the commission's
orders.
(i) The commission may appear in court by
its own attorney.
(j) Unless otherwise directed by the
commission or court, commencement of review proceedings under this section
shall operate as a stay of any order of the commission.
(k) Petitions filed under this section shall
be heard expeditiously and determined upon the transcript filed without
requirement for printing.
(l) If a proceeding for judicial review is
not instituted by a complainant or respondent within 30 days from the service
of an order of the commission under section 62-8 of this article, the
commission may obtain an order of the court for the enforcement of such order
upon showing that the respondent is subject to the jurisdiction of the
commission and resides or transacts business within the county in which the
petition for enforcement is brought.
(C62,
§ 25A-19; O.8920; C75, § 2-327; O.9337; C79, § 2-327; O.9745; C91, § 2-327)
State law reference(s)‑‑Similar
provisions, I.C. § 216.17.
Sec. 62-10. Temporary
injunction.
If, at any time after a complaint is filed pursuant to this chapter, it shall appear to the human rights commission that there is reason to believe that the party charged has violated this chapter and there is reason to believe that the person charged is about to do acts which would make compliance with an order of the commission to alleviate the grievance difficult, the commission may request the attorney for the commission to seek a temporary injunction or other order granting preliminary or temporary relief, restraining the respondent from violation of this chapter. (C62, § 2-434; O.7079, 7738; C62, § 25A-17; O.8920, C62, § 25A-20; C75, C79, C91, § 2-328; O.11,784; C00, § 62-10; O.13,922)
Sec.
62-11. Administration of chapter.
The human rights commission shall be the administrative agency of this chapter and shall promulgate rules and procedures to govern, expedite and effectuate this chapter and its own actions under this chapter. A copy of such rules shall be filed with the city clerk after adoption by the commission. (C62, § 25A-18; O.7738, 8920; C62, § 25A-21; C75, § 2-329; O.9337; C79, C91, § 2-329)
Cross reference(s)‑‑Administration,
ch. 2.
Sec.
62-12. Attorney.
The city attorney or a member of his
or her staff shall be the attorney for the human rights commission, except the
commission may hire or retain an attorney, other than the city attorney or a
member of his or her staff, on a per-diem basis to represent it when, in the
opinion of the commission, there is a conflict of interest between the
commission and another city department, commission or board because of
representation of such department, commission or board by the city legal
department. In assigning a member of his or her staff, the city attorney shall
make such assignment the first priority of such attorney's duties, up to and
including the assignment of such attorney on a full-time basis to the
commission whenever the commission deems such assignment necessary. The city
attorney shall cooperate with the commission to ensure it receives the legal
representation and counsel commensurate with its mission. (C62, § 25A-19;
O.7738, 8920; C62, § 25A-22; C75, C79, C85, § 2-330; O.11,468; C91, § 2-330)
Sec. 62-13. Executive
director.
(a) The
executive director of the human rights commission shall serve as the principal
administrative officer of the commission. The executive director shall be a
person skilled in human relations, knowledgeable by training and experience in
civil rights law and procedure with sufficient management and communication
skills to effectuate the purposes of this chapter and work effectively within
the established parameters of city government. The executive director shall
provide a written self-evaluation to the commission at least ten days before
the commission's annual meeting, at which meeting the commission shall evaluate
the executive director's performance for the year.
(b) In addition
to such evaluation, the commission may from time to time, as it deems it
necessary or advisable, confer with the executive director regarding the
relative strengths and weaknesses of job performance and the steps needed to
maximize or correct the job performance. If such steps are not promptly taken
with a measurable improvement in the performance of duty, the commission may
initiate appropriate action including removal.
(C62, § 25A-20; O.7738, 8920; C62, § 25A-23;
C75, C79, C85, § 2-331; O.11,468; C91, § 2-331; C00, § 62-13; O.13,922)
Sec.
62-14. Construction of chapter.
This chapter shall be construed broadly to effectuate its purpose. (C62, § 25A-24; O.8920; C75, C91, § 2-332)
Sec. 62-15. Effect of
remedies.
The remedies contained in this
chapter shall be exclusive, and the provisions of section 1-15 of this Code
shall not apply. (C54, § 2-421; O.5775; C62, § 2-421; O.7738; C62, §§ 25A-4,
25A-5; O.8291, 8920; C75, § 2-315; O.9337; C79, § 2-315; O.10,244; C91, §
2-315(c); C00, § 62-15; O.13,922)
Sec. 62-16. Sixty-day administrative release.
1. A person claiming to be aggrieved by an illegal
discriminatory practice must initially seek administrative relief by filing a
complaint with the commission in accordance with section 62.2. After the proper filing of a complaint with
the commission, a complainant may subsequently commerce an action for relief in
the district court if all of the following conditions have been satisfied:
a. The complainant has timely filed the complaint with the
commission as provided in section 62.2(b); and
b. The complaint has been on file with the commission for at
least sixty days and the commission has issued a release to the complainant
pursuant to subsection 2 of this section.
2. Upon a request by the complainant, and after the expiration
of sixty days from the timely filing of a complaint with the commission, the
commission shall issue to the complainant a release stating that the
complainant has a right to commence an action in the district court. A release under this subsection shall not be
issued if a finding of no probable cause has been made on the complaint, a
conciliation agreement has been executed under section 62-5, the commission has
served notice of hearing upon the respondent pursuant to section 62-8, or the
complaint is closed as an administrative closure and two years have elapsed
since the issuance date of the closure.
3. An action authorized under this section is barred unless
commenced within ninety days after issuance by the commission of a release
under subsection 2 of this section. If a
complainant obtains a release from the commission under subsection 2 of this
section, the commission is barred from further action on the complaint.
4. Venue for an action under this section shall be in the
county in which the respondent resides or has its principal place of business,
or in the county in which the alleged unfair or discriminatory practice
occurred.
5. The district
court may grant any relief in an action under this section which is authorized
by this chapter to be issued by the commission.
The district court may also award the respondent reasonable attorney’s
fees and the court costs if the court finds that the complainant’s action was
frivolous. (C00, § 62-16; O.14,520)
Secs.
62-17‑‑62-40. Reserved.
‑‑‑‑‑‑‑‑‑‑
*Cross reference(s)‑‑Boards,
commissions, committees and agencies, § 2-1046 et seq.