CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 8. AFFIRMATIVE ACTION

It is declared to be the policy of this city to assure equal opportunities and encouragement to every citizen regardless of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, in securing and holding, without discrimination, employment in any field of work or labor for which the citizen is properly qualified. It is further declared that the opportunity to secure and hold employment is a civil right of every citizen.

(Ord. 710, Sec. 1)

It shall be an unlawful employment practice:

(a)   For an employer, including individuals, partnerships, associations, organizations, corporations, municipal corporations, quasi-municipal corporations, governmental agencies, public bodies, nonsectarian corporations, organizations engaged in social service work, the city, and all political and municipal subdivisions thereof, including any person or entity employing four or more persons, and any person acting directly or indirectly for an employer as herein defined, but not including nonprofit fraternal or social associations or corporations, to refuse to hire or to employ, or to bar or discharge from employment any citizen because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status; or otherwise to discriminate against such individual in compensation, or in terms, conditions, or privileges of employment, or to limit in regard to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, segregation, or separation without a valid business motive; or

(b)   For any employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any citizen who has opposed any practices or acts forbidden by this article, or who has filed a complaint, testified, or assisted in any proceeding for the administration or enforcement of this ordinance; or

(c)   For any employer, labor organization, employment agency, or school which provides, coordinates, or controls apprenticeship on-the-job training, or other training or retraining program, to practice discrimination, segregation, or separation because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, in admission, hiring, assignment, upgrading, transfers, promotion, layoff, dismissal, apprenticeship, or other training or retraining; or to follow any policy or procedure which, in fact, results in such practices, without a valid business motive or occupational qualification;

(d)   That specific unlawful employment practices will include those unlawful practices and acts specified herein and/or those unlawful practices and acts specified in K.S.A. 44-1009.

(Ord. 710, Sec. 2)

The provisions of this article shall not apply to part-time, temporary or seasonal employees; nor shall the provisions of this article prevent the enforcement of any bonafide retirement plan.

(Ord. 710, Sec. 2)

(a)   Every contract for or on behalf of the city or any agency thereof, for construction, alteration or repair of any public building or public works or for the acquisition of materials, equipment, supplies, or services, shall, by authorized signature of the governing body of the city, commit the city to inform the contractor and any subcontractors of the provisions of this ordinance and shall, by authorized signature of the contractor and any subcontractors, commit the contractor and any subcontractors to observe the provisions of this ordinance not to discriminate against any citizen in the performance of work under the present contract because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, except by a demonstrably valid occupational qualification or business motive.

(b)   The failure of the contractor or any subcontractors to comply with the provisions of this article shall be grounds for cancellation, termination, or suspension of the contract, in whole or in part, by the governing body of the City of Hillsboro, until satisfactory proof of intent to comply shall be submitted to and accepted by the governing body.

(Ord. 710, Sec. 3)

The provisions of this article shall not apply to contractors or subcontractors who would not be considered an employer as defined in section 1-802(a) or to contractors or subcontractors not exceeding $10,000 or to purchase order agreements which do not exceed $10,000 in total per calendar year; provided that any exceptions or exemptions shall not conflict with applicable state or federal laws.

(Ord. 710, Sec. 3)

(a)   Any citizen claiming to have been subject to any discriminatory employment practice as set forth in this article may file a complaint by appearing before the city clerk of the city and furnishing such information as required by the governing body. Any complaint must be filed with the city clerk within 90 days of the date of the alleged incident.

(b)   The city clerk shall refer to the appropriate local agency any complaint filed under this which appears to constitute a violation of equal employment opportunity practices as set forth in this article. The city clerk shall take no further action with respect to such complaint until 30 days from the date the complaint was referred to the local agency, or the local agency has completed its investigation, or the local agency requests the city clerk to assume jurisdiction or to provide assistance, whichever occurs first.

(Ord. 710, Sec. 4)

The local agency investigating the complaint shall notify the employer, labor organization, or employment agency, or person or entity against whom the complaint is made at the start of the investigation. The identity of the aggrieved person shall be made known to the employer, labor organization, or employment agency, or person or entity at the start of the investigation. The local agency shall inform the city clerk in writing of the status of the referred complaint at the end of the referral period or when the local agency has completed the investigation, or the local agency requests the city clerk to assume jurisdiction or to provide assistance, whichever occurs first.

(Ord. 710, Sec. 4)

(a)   If, after investigation, the local agency reports no finding of merit to the complaint, the city clerk may dismiss the complaint. If the local agency finds the complaint to have merit, the city clerk shall endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(b)   If the city clerk is unable to eliminate the alleged discriminatory practice by conference and conciliation, the city clerk shall forward the complaint and reported findings to the governing body for review and determination.

(Ord. 710, Sec. 4)

(a)   Violation of this article may, at the discretion of the city attorney, be addressed by a complaint filed in municipal court or by an action for an injunction to be maintained in the appropriate district court of the State of Kansas.

(b)   In lieu of other remedy, if the governing body and/or the city attorney are unable to obtain voluntary conciliation, the aggrieved party may commence civil action seeking relief and redress in a district court, against the respondent named in the complaint, to enforce this article.

(Ord. 710, Sec. 5)

If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of the article, which will remain in full force and effect.