ORDINANCE

An ordinance creating a new CHAPTER 17 SECTION 17-16 "HUMAN RIGHTS" to CHAPTER 17 OFFENSES-MISCELLANEOUS- prohibiting unlawful discrimination in employment practices, housing practices, public accommodations practices, intimidation or bullying practices, reprisal or retaliation practices based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income in the City of Kirkwood, Missouri.

Whereas, pursuant to Section 8.2 of the city charter, a group of registered voters commenced an initiative proceeding by forming a petitioner's committee and submitting initiative petitions signed by the appropriate number of registered voters within the City of Kirkwood's and

WHEREAS, the CITY CLERK has certified the appropriate number of required signatures; and

"WHEREAS", the city clerk has certified the appropriate number of required signatures; and whereas, pursuant to Section 8.6 of the city charter, the city council shall consider the proposed initiative ordinance and adopt such proposed ordinance without any change in substance within sixty (60) days or shall submit the proposed ordinance to vote.

NOW, THEREFORE, BE IT ORDIANED BY THE PEOPLE OF THE CITY OF KIRKWOOD, MISSOURI, AS FOLLOWS SECTION 1. The code of ordinances of the City of Kirkwood is hereby amended by adding a new CHAPTER 17 SECTION 17-16 "HUMAN RIGHTS" to read as follows

SEC 17-16         HUMAN RIGHTS
17-16.005. Policy
17-16.010. Definitions
17-16.020. Unlawful Employment Practices
17-16.030. Reserved for Expansion.
17-16.040. Unlawful Housing Practices
17-16.050. Reserved for Expansion.
17-16.060. Unlawful Public Accommodations Practices
17-16.070. Unlawful School Practices
17-16.080. Intimidate or bully
17-16.085. Exceptions
17-16.090. Reserved for Expansion.
17-16.100. Severability
17-16.900. Administration and Enforcement
17-16.910. Engaging in Reprisal or Retaliation
17-16.911. through 17-16.989. Reserved for Expansion
17-16.990. Violations

17-16.005. POLICY. It is the policy of the City of KIRKWOOD to eliminate discrimination based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income. The City Council finds that such discrimination poses a threat to the health, safety and general welfare of the citizens of KIRKWOOD and menaces the institutions and foundation of our community. Furthermore, the City Council finds that although the State of Missouri generally prohibits discrimination in employment, housing, and public accommodation on the basis of race, religion, color, sex, marital status, familial status, national origin, age, and disability, the State does not generally prohibit such discrimination on the basis of sexual orientation, gender identity, domestic partnership, or source of income. It is the intent of the Council to supplement the state protections against discrimination. Furthermore, it is the intent of the Council, in the exercise of its powers for the protection of the public health, safety, and general welfare and for the maintenance of peace and good government, that every individual shall have an equal opportunity to participate fully in the life of the City and that discriminatory barriers to equal participation in employment, housing, and public accommodations be removed.  

17-16.010. DEFINITIONS. As used in this chapter, except where the context otherwise requires:
(a) “Age” means age 18 or older.

(b) “Agent” means any person (not an employee or officer), who is an agent of a public body for purposes of the Tort Claims Act, if that person meets the usual “control” tests with respect to the manner of performance of duties, or if that person performs a function or responsibility of the City of KIRKWOOD on behalf of the City. A person is not an agent if he or she merely performs a service without supervision or control for the City and not on its behalf.

(c) “Domestic partnership” means a relationship between two persons who meet either of the following requirements: (1) have registered, certified or affirmed their relationship with any appropriate, legally established domestic partnership registry within any jurisdiction in the United States, or with the State of Missouri’s Public Employees Benefits Board; or (2) are 18 years of age or older; are each unmarried; are each other’s sole domestic partner and intend to remain so indefinitely; are not related by blood closer than would bar marriage in the State of Missouri; and are residing together, share the common necessities of life and are responsible for each other’s common welfare.

(d) "Employer" means any person, wherever situated, who employs one or more employees within the city, or who solicits individuals within the city to apply for employment, whether privately or by general advertisement.

(e) “Gender identity” means a person’s actual or perceived sex, including a person’s identity, appearance, expression, or behavior with respect to actual or perceived sex, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person’s sex at birth.

(f) "Person" means an individual, partnership, association, organization, corporation, board, commission, or other organized and identifiable group. “Person” includes a public body as that term is defined by Missouri statues other than the State of Missouri or a county.

(g) “Registered volunteer” is a person who donates labor or services to the City under the supervision of an employee of the City of KIRKWOOD and performs a function or responsibility of the City on behalf of the City.

(h) “Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.

(i) “Source of income” refers to the means by which a person supports himself or herself and any dependents, including but not limited to money and property from any occupation, profession or activity, from any contract, settlement or agreement, from city, federal or state payments, court-ordered payments, gifts, bequests, annuities, life insurance policies, and compensation for illness or injury, but excluding any money or property derived in a manner made illegal or criminal by any law, statute or ordinance.

(j) "School" means any person who trains or teaches individuals.

(k) "Student" means any person in any school.

(l) Any term used but not defined in Chapter 17-16 shall be interpreted consistently with definitions provided in Missouri Commission on Human Rights.

17-16.020. UNLAWFUL EMPLOYMENT PRACTICES. It shall be an unlawful employment practice:
(a) For any employer to discriminate on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity, source of income, domestic partnership or familial status, by committing against any such individual any of the acts made unlawful under Missouri Department of Labor and Industrial Relations.

(b) For any school to discriminate because of race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity, source of income, domestic partnership or familial status, against any individual in its admission or other operating procedures and practices relating to students or prospective students

17-16.030. Reserved for Expansion.

17-16.040. UNLAWFUL HOUSING PRACTICES. It shall be unlawful housing practice for a person to discriminate in selling, renting, or leasing real property on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity, source of income, domestic partnership or familial status, by committing against any such individual any of the acts made unlawful under Chapter 12 Article III Fair Housing Code.

17-16.050. Reserved for Expansion.

17-16.060. UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICES. It shall be an unlawful public accommodations practice for a person to discriminate on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity, source of income, domestic partnership or familial status, by committing against any such individual any of the acts made unlawful under Chapter 12 Article III Fair Housing Code.

17-16.070. UNLAWFUL SCHOOL PRACTICES. It shall be unlawful for any school to commit any of the following acts:
(a) Group or form a class based on the school's perception of the student's race, color, religion, national origin, familial status, age, marital status, domestic partnership, sexual orientation, gender identity or source of income.
(b) Intentionally or knowingly make assignments without providing corresponding textbook or other sufficient reference material sources and without proper instruction for the completion of the assignments based on the school's perception of the student's race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income.

17-16.080. INTIMIDATE OR BULLY. It shall be unlawful for any person to commit any of the following acts:
(a) Tamper or interfere with property, with the intent to cause substantial inconvenience to another, because of the person's perception of the other's race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income.
(b) Intentionally, knowingly or recklessly subject another to offensive physical contact because of the person's perception of the other's race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income.
(c) Intentionally, knowingly or recklessly publicly insulting another by abusive words or gestures in a manner likely to provoke a violent response because of the person's perception of the other's race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income.

(d) Intentionally, knowingly or recklessly, because of the person's perception of race, color, religion, national origin, familial status, age, marital status, domestic partnership, disability, sexual orientation, gender identity or source of income, subject another to alarm by threatening:
(1) To inflict physical injury upon or commit a crime affecting that other person, or member of that other person's family.
(2) To cause damage to the property of that other person or member of that other person's family.

17-16.085. EXCEPTIONS.
(a) The prohibitions in this Chapter against discriminating on the basis of sexual orientation and gender identity do not apply:
(1) To the leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her residence;
(2) To the leasing or renting of dwellings with not more than two individual living units where one of the units is owner occupied;
(3) To the leasing or renting of space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes.
(b) The prohibitions in this Chapter against discriminating on the basis of source of income do not prohibit:
(1) Inquiry into and verification of a source or amount of income;
(2) Inquiry into, evaluation of, and decisions based on the amount, stability, security or creditworthiness of any source of income;
(3) Screening prospective purchasers and tenants on bases not specifically prohibited by this chapter or by state or federal law.
(c) The prohibitions in this Chapter against discriminating on the basis of gender identity do not prohibit:
(1) Health or athletic clubs or other entities that operate gender-specific facilities involving public nudity, such as showers and locker rooms, from requiring an individual to document their gender or transitional status. Such documentation can include, but is not limited to, a court order, letter from a physician, birth certificate, passport, or driver’s license;
(2) Otherwise valid employer dress codes or policies, so long as the employer provides, on a case-by-case basis, for reasonable accommodation based on the health and safety needs of persons protected on the basis of gender identity. The exceptions in paragraphs (1) and (2) of this subsection do not excuse a failure to provide reasonable and appropriate accommodations permitting all persons access to restrooms consistent with their expressed gender.
(d) The prohibitions in section 17-16.040 against discriminating on the basis of age do not apply to housing for older persons.

(e) The prohibitions in section 17-16.060 against discriminating on the basis of age or familial status do not apply to the use of special rates or services or to the promotion of business through the issuance of special rates for families with children, or persons 55 years of age or older.
(f) The prohibitions contained in Chapter 17-16 shall not mandate or otherwise affect the scope or content of medical insurance or other forms of medical or health benefits provided by employers.

17-16.090. Reserved for Expansion.

17-16.100. SEVERABILITY. If any section, portion, clause or phrase of  Chapter 17-16 is held to be invalid or unconstitutional, the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force and effect.

17-16.110 to 17-16.899. Reserved for Expansion.

17-16.900. ADMINISTRATION AND ENFORCEMENT.
(a) The provisions of this chapter shall be administered and enforced as provided in Chapter 12.

(b) Nothing in this section shall be construed as barring or preventing direct prosecution of a criminal violation of this chapter, or as requiring that a criminal violation be investigated or heard before the Human Rights Advisory And Awareness Commission (HRAAC), as provided in Chapter 12.

(c) Claims against City.
(1) Any person who claims discrimination by the City in violation of this Chapter may file a complaint with the Commission under Chapter 12 only after exhausting all other administrative remedies provided by the City pursuant to contract, rule, or policy. If a claim is filed prior to exhaustion of available City administrative remedies, the Commission shall inform the person of those remedies and forward the complaint to the appropriate City official to address it.
(2) Any claim against the City filed with the Commission by a City employee, registered volunteer or agent shall be subject to the additional requirements of subsection (d) of this section.
(3) If the Commission takes action under Chapter 12 based on a claim alleging discrimination against the City and an informal resolution is not thereby achieved, the Commission shall refer the complaint to the Missouri Commission on Human Rights for a determination whether the complaint should be forwarded to the Missouri Department of Labor and Industrial Relations, which shall act as the City’s enforcement agent.
(d) Claims by City employees, registered volunteers, or agents against City. (1) Any employee, registered volunteer, or agent of the City who claims discrimination by the City in violation of this Chapter may file a complaint with the Commission under Chapter 12. Such complaint may be filed only after all applicable internal grievance processes have been followed and completed. If the complaining party files a complaint upon the completion of those internal processes.
(2) The Commission shall take no action on the complaint if the party:
(A) has proceeded to arbitration. (B) has filed with the Missouri Commission on Human Rights concerning the same event or set of circumstances that form the basis of the claim under this Section, and Missouri Commission on Human Rights has accepted jurisdiction on that claim; or
(C) has filed a civil complaint in state or federal court against the City or any of its employees, agents or registered volunteers based on the same event or set of circumstances that form the basis of the claim under this Section.
(3) The Commission shall take action on the complaint as provided in Chapter 12 if the party has not taken any of the steps listed in paragraph (2) of this subsection, or if Missouri Commission on Human Rights or the court has dismissed the claim on procedural grounds.
(4) The Commission shall stay its action on the complaint if, subsequent to the filing of the complaint, the complaining party files a wage claim or civil complaint based on the same event or circumstances that form the basis of the claim under this Section. It shall resume its action if the wage claim or civil complaint is dismissed on procedural grounds.
(5) The Commission shall dismiss the complaint if, subsequent to the filing of the complaint, the complaining party files a Missouri Commission on Human Rights claim or civil complaint based on the same event or circumstances that form the basis of the claim under this Section, and that claim proceeds to a final order, other than a dismissal on procedural grounds.
(e) Private cause of action.

(1) Any person who claims to be aggrieved by an unlawful discriminatory act listed below shall have a cause of action in any court of competent jurisdiction:

(A) An unlawful employment practice based on sexual orientation, gender identity, source of income, familial status, or domestic partnership;
(B) An unlawful housing practice based on sexual orientation, gender identity, or domestic partnership; or
(C) An unlawful public accommodations practice based on sexual orientation, gender identity, source of income, domestic partnership or familial status.
(2) A cause of action filed pursuant to this subsection shall be subject to the following limitations:
(A) The civil action must be commenced within one year after the occurrence of the unlawful practice, or within 90 days after the close of the last administrative action, whichever is later.
(B) The court may order any injunctive relief and such other equitable relief as may be  appropriate, and compensatory and punitive damages.
(C) The court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal.
(D) In any action under section 17-16.020, the court may order reinstatement or hiring of employees with or without back pay, subject to the time limitations provided in Missouri Revised Statutes.

(f) If a complaint is filed with the Commission alleging discrimination based on a claim not listed in subparagraphs (e)(1)(A)-(C) of this section, then notwithstanding Chapter 12, Commission shall not refer a complaint to the city attorney’s office. Instead, if the Commission is unable to resolve such a complaint, the complaint shall be referred to the appropriate state agency.

17-16.910. ENGAGING IN REPRISAL OR RETALIATION.
(a) It shall be unlawful for any person to in any manner discriminate against, penalize, or harass as defined by Missouri Commission on Human Rights, any person who has been a witness for, filed a complaint with, or otherwise participated in any matter before the commission concerning an alleged violation of the provisions of this chapter.
(b) It shall not be a defense to prosecution for violation of this section that the matter before the commission has not yet proceeded to final determination before the commission, or that the matter has been dismissed by the commission, or that a criminal or infraction complaint has been dismissed or the defendant or respondent found not guilty or not responsible by any court having jurisdiction thereof. Missouri Revised Statutes.

17-16.911 to 17-16.989. Reserved for Expansion.

17-16.990. VIOLATIONS. Knowing and willful violation of SRC 17-16.010 to 17-16.890 is an infraction; save and except that violation of Chapter 17-16.080 is a misdemeanor.

 

 

Secs. 17‑17 — 17‑27.  Reserved.