As used in this Chapter, the following terms shall mean:
An age of forty (40) or more years but less than seventy
(70) years, except that it shall not be an unlawful employment practice
for an employer to require the compulsory retirement of any person
who has attained the age of sixty-five (65) and who, for the two (2)
year period immediately before retirement, is employed in a bona fide
executive or high policymaking position, if such person is entitled
to an immediate nonforfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan, or any combination
of such plans, of the employer, which equals, in the aggregate, at
least forty-four thousand dollars ($44,000.00);
The Missouri Commission on Human Rights;
A person who has filed a complaint with the Commission alleging
that another person has engaged in a prohibited discriminatory practice;
Any unfair treatment based on race, color, religion, national
origin, ancestry, sex, age as it relates to employment, handicap,
or familial status as it relates to housing;
Any building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one (1)
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;
Includes the State or any political or civil subdivision
thereof, or any person employing six (6) or more persons within the
State, and any person directly acting in the interest of an employer,
but does not include corporations and associations owned and operated
by religious or sectarian groups;
Any person or agency, public or private, regularly undertaking
with or without compensation to procure employees for an employer
or to procure for employees opportunities to work for an employer
and includes any person acting in the interest of such a person;
The Executive Director of the Missouri Commission on Human
Rights;
One (1) or more individuals who have not attained the age
of eighteen (18) years being domiciled with:
A parent or another person having legal custody of such individual;
or
The designee of such parent or other person having such custody,
with the written permission of such parent or other person.
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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 eighteen (18) years;
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A physical or mental impairment which substantially limits
one or more of a person's major life activities, a condition perceived
as such, or a record of having such an impairment, which with or without
reasonable accommodation does not interfere with performing the job,
utilizing the place of public accommodation, or occupying the dwelling
in question. For purposes of this Chapter, the term "handicap" does not include current, illegal use of or addiction to a controlled
substance as such term is defined by Section 195.010, RSMo.; however,
a person may be considered handicapped if that person:
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance;
A fund established to receive civil penalties as required
by Federal Regulations and as set forth by Subdivision (2) of Subsection
11 of Section 213.075, RSMo., and which will be disbursed to offset
additional expenses related to compliance with the Department of Housing
and Urban Development regulations;
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 of employment, or for other
mutual-aid or protection in relation to employment;
Any Commission or agency established prior to August 13,
1986, by an ordinance or order adopted by the governing body of any
City, Constitutional Charter City, Town, Village, or County;
Includes one (1) or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal representatives,
mutual companies, joint-stock companies, trusts, trustees, trustees
in bankruptcy, receivers, fiduciaries, or other organized groups of
persons;
All places or businesses offering or holding out to the general
public, goods, services, privileges, facilities, advantages or accommodations
for the peace, comfort, health, welfare and safety of the general
public or such public places providing food, shelter, recreation and
amusement, including, but not limited to:
Any inn, hotel, motel, or other establishment which provides
lodging to transient guests, other than an establishment located within
a building which contains not more than five rooms for rent or hire
and which is actually occupied by the proprietor of such establishment
as his residence;
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain,
or other facility principally engaged in selling food for consumption
on the premises, including, but not limited to, any such facility
located on the premises of any retail establishment;
Any gasoline station, including all facilities located on the
premises of such gasoline station and made available to the patrons
thereof;
Any motion picture house, theater, concert hall, sports arena,
stadium, or other place of exhibition or entertainment;
Any public facility owned, operated, or managed by or on behalf
of this State or any agency or subdivision thereof, or any public
corporation; and any such facility supported in whole or in part by
public funds;
Any establishment which is physically located within the premises
of any establishment otherwise covered by this section or within the
premises of which is physically located any such covered establishment,
and which holds itself out as serving patrons of such covered establishment;
Includes to lease, to sublease, to let and otherwise to grant
for consideration the right to occupy premises not owned by the occupant;
A person who is alleged to have engaged in a prohibited discriminatory
practice in a complaint filed with the Commission;
Any act that is unlawful under this Chapter.
There is hereby authorized a City Commission on Human Relations,
to consist of ____ members as may be appointed by the Mayor subject
to the approval of the City Council. The Mayor shall designate the
appointee who shall serve as Chairman. Of those first appointed, one-third
(⅓) shall be appointed for one (1) year terms, one-third (⅓)
for two (2) year terms, and one-third (⅓) for three (3) year
terms. All members shall serve a term of three (3) years, except those
who are appointed to fill a vacancy occurring during the term of a
member. All members shall serve without compensation.
The Commission shall fix the time and place of its meetings,
and shall, except as herein provided, adopt such other procedures
deemed necessary for the successful administration of the provisions
and the consummation of the purposes of this Chapter.
The Commission shall act in an advisory capacity to the Mayor
and City Council, and its functions and duties shall be to foster
mutual self respect and to further amicable relations among the various
segments of the population which together comprise the city; to help
preserve the city's good reputation for tolerance and fair play and
promote even better relations among its people; to help make it possible
for each citizen, regardless of race, color, religion, national origin,
ancestry, sex or handicap, to develop his talents and abilities without
limitation; and to assist the community in the fullest realization
of its human resources. In order to accomplish the objectives herein
set out, the commission shall advise the Mayor and City Council and
other officers of the City on problems affecting human and intergroup
relations.
A.
It
shall be an unlawful discriminatory practice:
1.
To aid, abet, incite, compel, or coerce the commission of acts prohibited
under this Chapter or to attempt to do so;
2.
To retaliate or discriminate in any manner against any other person
because such person has opposed any practice prohibited by this Chapter
or because such person has filed a complaint, testified, assisted,
or participated in any manner in any investigation, proceeding or
hearing conducted pursuant to this Chapter;
3.
For the State or any political subdivision of this State to discriminate
on the basis of race, color, religion, national origin, sex, ancestry,
age, as it relates to employment, handicap, or familial status as
it relates to housing; or
4.
To discriminate in any manner against any other person because of
such person's association with any person protected by this Chapter.
A.
Filing Complaint. To ensure that the rights of all parties
be adequately protected, the procedures for filing and investigating
discrimination complaints shall be as follows:
1.
Any person claiming to have been subjected to any discriminatory
practice, as defined in this Chapter, may file a complaint with the
Commission on Human Relations. Any complaint must be filed within
one hundred eighty (180) days of the date of the alleged incident.
The complaint shall be in writing and be in such form as the Board
may prescribe.
2.
Upon receipt of such complaint, the Commission on Human Relations
shall furnish a copy of the complaint to the person against whom the
complaint is made.
B.
Investigation.
1.
Within thirty (30) days after receiving the complaint, the Board
shall investigate the complaint, and, at its next regularly scheduled
meeting, determine whether there is merit to the complaint. If merit
is found to exist, the Board shall proceed to try to correct the alleged
discriminatory practice by informal methods of conference and conciliation.
2.
No further formal action shall be taken for thirty (30) days in an
attempt to effect a reconciliation between the parties.
3.
If the Board is unable to eliminate or correct the alleged discriminatory
practice by conference and conciliation, then the Board shall forward
the complaint to the City Attorney for appropriate action.
[Ord. No. 1014 §1, 7-15-2013]
A person who shall violate a provision of this Chapter or fail
to comply therewith or any requirements thereof, shall upon conviction
thereof be deemed guilty of a misdemeanor and shall be punishable
by a maximum fine of one thousand dollars ($1,000.00) or imprisonment
for ninety (90) days, or by both such fine and imprisonment.
