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Home My WebLink AboutORDINANCES-1974-015-O-7415-J-74 09 AN ORDINANCE To add Chapter 15k to the Code of the City of Evanston, 1957, Prohibiting Discrimination in Employment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the Code of the City of Evanston, 1957, as amended, be further amended by adding thereto Chapter 152, 1°EMPLOYMENT", to read as follows: "ARTICLE I. Title and Purpose of the Ordinance. • "Section 152-1. Short Title. This ordinance shall be known and may be cited as the Fair Employment Practices Ordinance of the City of Evanston, Illinois. "Section 15k-2. Purpose and Declaration of Policy. It is hereby declared to be -;the purpose of this ordinance and the policy of the City of Evanston in the exercise of its police and regulatory powers for the protection of the public safety, for the health, morals, safety and welfare of the persons in and residing in the City and for main- tenance and promotion of commerce, industry and -good' government in the City, to secure to all persons working or desiring to work for the City or for any vendor to the City or for any contractor or subcontractor of the City, an equal opportunity to secure employment or to enjoy the. benefits of employment without discrimination based on race, color, religion, national origin, sex, age or physical or mental handicaps that do not impair ability.to work. • 092 • 15-0-74 -2- r "Section 252-3. Scope of the Ordinance. This ordinance applies to discriminatory employment practices by the City of Evanston or by any vendor to the City or by any contractor or subcontractor of the City. "Section 252-4. Construction. This ordinance shall be construed according to the fair • import of its terms and shall be liberally construed to further the purposes and policy stated in Section 152-2 and the special purpose of the particular provision involved. Section 252-5. Definitions. For.the purpose of this ordinance: (a) "Person" includes one or more individuals, partner- • ships, associations or organizations, corporations, legal representatives, trustees in bankruptcy or receivers. (b) means any difference or distinction .t°Discrimination" in treatment to the prejudice of any individual with respect to hire, selection, apprenticeship, training, tenure, compensation, promotion, termination or any other term, condition or privilege of employment be- cause of race, color,religion, national origin, sex, age, nature of SPN classification number appearing on a military discharge or physical or mental handi- caps that do not impair ability to work (except in: the case of sex or age on the basis of a bonafide occu- pational qualification and except for limitations impcsed by the City retirement system or by any statutory requirement imposing age limitations), or because of any charge, complaint, action, grievance. or appeal brought under the provisions of this or- dinance. • (c) "Commission" is the Human Relations Commission of Evanston. (d) "City Manager" is the City Manager of Evanston, or his agent. ;r-'" • 0 • • 093 -3- (e) "Contractor" is any person seeking or procuring a written contract with the City of Evanston or with any of its agencies involving the sale of service, materials or equipment to the City of Evanston, or to any of its agencies. (f) "Subcontractor" is any person who performs any service or supplies any material or equipment covered by a Contractor's contract with the City of Evanston. (g) "Vendor19 is a person who sells any service, material or thing to the City of Evanston. (h) "City" is the City of Evanston, Illinois. (i)' "Age" for the purposes of this ordinance shall be limited to any individual who is at least forty years of age but less than sixty-five years of age. (j) "Contract" means any contract, purchase order; lease, or other agreement or understanding, written or otherwise, between the City of Evanston or any agent thereof and -any other person, for the procurement of - any thing thereof and any other person, for the pro- curement of any thing or service of value, such as for example any real or personal property, equipment, merchandise, goods, materials, labor or services for or by the City of Evanston; and further, rt-ky. loan or grant by the City of Evanston from which such a een ract,, purehaae order, lease. or other agreement or understanding may be financed in whole or in part. "ARTICLE II. Prohibition of Discrimination in Employment. "Section 152-6. There shall be no discrimination by any City department, agency or any official representative of the City against any applicant for employment or against any employee of the City of Evanston. "ARTICLE III. Public Contracts. "Section 15k-7. All contracts, contract specifications, purchase orders, leases, or other agreements or under- standings between the City of Evanston or any agent of said City and any other individual, bidder, contractor, • 0011, -4- 15-0-74 government, governmental entity or agency, political subdivision, municipal corporation, proprietorship, partnership, association, corporation, mutual company, joint-stock company, unincorporated organization, legal representative, trust, trustee, receiver, trustee in bankruptcy or any other legal or commercial entity, .shall be deemed to include as a, part thereof, whether or not such contract is in writing and regardless of whether said clause is physically incorporated therein or is in- cluded therein by reference to this ordinance, the fol- • lowing Equal Employment Opportunity clause: EQUAL EMPLOTI ENT OPPORTUNITY "In the event of -.the -contractor's noncomvliance with any provision of this iElual Employment Opportunity Clause, the Illinois Fair Employment Practices Act or the Fair Employment Practices Commission's Rules and Regulations forfor Public Contracts, the contractor may be declared • .nonresponsible and therefore ineligible for future con- tracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may he cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. "During the performance of this contract, the contractor agrees as follows: (1) That it will not discriminate against any employee or.applicant for employment because of race, color, religion, sex, national origin or ancestry, or age or physical or mental handicap that do not impair ability • to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. (2) That, if it hires additional employees in order to perform this contract, or any portion hereof, it will • determine the availability (in accordance with the Fair Employment Practices Commission's Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it.may reasonably recruit and it will 0�5 . 15-0-74 -5- hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. (3) That, in all solicitations or advertisements for ,employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry. • (4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or under- standing, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Fair Employment Practices Act and the Fair Employment Practices Commission's Rules and Regulations for Public Contracts. If any such labor organization • or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations, the contractor will promptly so notify the Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. (5) That it will submit reports as required by the Illinois Fair Employment Practices Commission's Rules and Regulations for Public Contracts, furnish all rele- ' want information as may from time to time be requested by the Fair Employment Practices Commission or the con- tracting agency, and in all respects comply with the Illinois Fair Employment Practices Act and the Fair • Employment Practices Commission's Rules and Regulations for Public Contracts. (6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency, the City Manager, the Commission, and the Illinois Fair Employment Practices Commission for pur- poses of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Fair Employ- ment Practices Commission's Rules and Regulations for Public Contracts. F"__ 0C,(; • -6- 15-0-74 (7) That it will include verbatim or by reference the provisions of paragraphs 1 through 7 of this clause in every performance subcontract as defined in,Section 2.10(b) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions _will be binding upon every such subcontractor; and that it will also so include the provisions of paragraphs 1, 5, 6 and 7 in every supply subcontract as defined in Section 2.10(a) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such • provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this con- tract, the contractor will be liable for compliance with applicable provisions of this clause by all its subcon- tractors; and further it -will promptly notify the con- tracting agency and the Illinois Fair Employment Practices Commission in the event any subcontractor fails or refuses Co comply therewith. In addition, no contractor will utilize any subcontractor declared by the Fair Employment • Practices Commission to be nonresponsible and therefore ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. "ARTICLE IV. Vendors. "Section 153-8. Before consummating any sale to the City of Evanston or any of its agencies, a vendor shall file in the office of the City Manager, a certificate signed by an officer or managing agent of the vendor, stating that the vendor will not discriminate against any employee or applicant for employment and that he or she has read this ordinance and will comply in all respects with the provisions of this ordinance and the laws of the State of • Illinois. The form of the certificate shall be determined by the City Manager, and amended from time to time as he deems advisable, and shall require such information as he deems necessary.. "ARTICLE V. Unfair Employment Practices. • "Section 15k-9. It is hereby declared to be an unfair employment practice (a) by any City department, agency or official represen- tative to violate the terms of Article II of this ordinance; -7- 15-0-74 (b) by any Contractor or Subcontractor to violate any • of the fair employment provisions in Article III of this ordinance; (c) by any Vendor to violate the terms of his certificate set forth in Article IV of this ordinance. 1°ARTICLE VI. Enforcement Procedures. ' 1°Section 152-10. A case alleging a violation or violations of this ordinance by a City department, agency or official representative shall be commenced by the filing of a written charge within 90 days of the alleged violation with the City Manager. The charge shall contain a short • and clear statement describing -the alleged violation, the name and address of the person charged, and shall be signed 1?y the aggrieved individual or by any person authorized by such i ndividua"l to file tha charge. The City Manager shall promptly have the matter investigated and (a) if he believes the charges have merit, he snail direct that the violation be remedied; • b if he believes the charges have no merit he shall so ( ) g advise the charging party in writing. Within 20 days after receipt of such a "no merit" advice from the City Manager, the charging party ntay file a written appeal with the Commission which shall promptly notify the City Manager and institute its own investiga- tion of the charges de novo. The City Imager shall cooperate in this investigation and furnish his file of the chard es, upv% rnrlltPst, to Llaa c«.+.Y+v oci on staff. A case alleging a violation or violations of this ordinance by a Contractor, Subcontractor, or Vendor shall be commenced by the filing of a written charge within 90 days of the alleged violation with the Commission. The charge shall contain a short and clear statement describing the alleged violation, the name and address of the person charged, and shall be signed by the aggrieved individual or by any person authorized by such individual to file the charge. The Commission staff shall promptly investigate the matter and if the Executive Director of the Commission • 0 'In 'i • E • • 15-0-74 (a) believes that.the charges have merit, he shallitry to reconcile the parties by conciliation, and if this fails, he shall so advise the Commission; (b)... believes' that the chat -es have' no merit; ' he sh 11 so advise the charging party in writing. Within 20, days after receipt of such'a "no merit" advice from the Executive- Director, - the charging• .party may file a written appeal with the Commission. The Commission shall promptly consider all appeals from "no merit" advice of the City Manager and Executive .Director. If the Commission denies any such appeal, the charge shall be dismissed. If' -the Commission sustains any such appeal iii whole or .in part,=it shall take appro- priate'laction to have the charges remedied. In cases wheYe'the:Commission'finds charges have merit and have not'been`-remedied through conciliation, it shall. promptly. submit a full --eport to the Corporation 'Counsel through• Fie City lianager with recommendations for ` :further 'action. The-Commission.shall-promptly dismiss any case in which it finds that the.same mat -ter has been or is being con- sidered by the Fair Employment Practices Commission of Illinois or*by the Equal Employment Opportunity Commission. "ARTICLE VII. Remedies and Penalties for Violation. "Section 152-11. Private ilemedies. Any pers.on1aggrieved:-'by a violation of this ordinance who has exhausted the remedy provided above in Section 152-9 of this''04. ance may apply to any court of com- ;petent jurisdiction for._.appropriate relief including: oan order compelling 'fl compliance with this ordinance; (2) �pomp ensatory damages', including expenses of liti- '.gation, and a reasonable attorney's fee; re3.zistatement or promoion''of an employee or hiring. an ,applicant for empioymeiit';` (4) such other and further -relief as -may seem appro- . pr.iate ''to the court for the enforcement of this ordinance and the elimination of violations thereof. 0�?cs lye v r4 These remedies shall be available notwithstanding the penalties provided by this ordinance. "Section 15-'-,-12. Public Remedies. • In cases of violation of this ordinance by a Contractor, Subcontractor or Veridor, upon direction of the CityCouncil, (1) the City Manager shall _rescind any outstanding con- tract or purchase orders with the violator; (2) the City Manager shall refuse to deal with the violator for .the period of time specified by .the City Council; (3) the Corporation Counsel of the City shah apply to any court of. -,competent jurisdiction for appropriate • relief including: (a) a declaratory jud,)menc to confirm rescission of a �contract or purchase order with the violator; (b) a dec-latatory judgment to confirm a refusal. to deal with., the violato-:; .an -injunction, including an order compelling • compliance with this ordinance; �(d) compensatory damages,•including expenses of litigation, and a reasonable attorney's fee; ---reinstatement or promotion of an employee , or hiring an applicant for employment; (f):`such other and further relief as may seem appro- priate to the court for.the enforcement of this ordinance and the elimination of violations thereof. These remedies shall be available notwithstanding the pen- alties provided by this ordinance. • "Section 152-13. Penalties. Any' person,- firm or corporation violating the provisions of.,this ordinance shall be fined not.less than one hundred dollar s-_($100.00) nor more thanione thousand dollars ($1,000.) for each such,offense. Every day.Q..violation continues shall be deemed a separate offense. b �: 0 n U E n U 0 -10- "Section 15�-14. Severability. 15-0-74 1 0 If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. SECTION 2: All ordinances or portions of ordinances in conflict with the terms of this ordinance are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage and approved in the manner provided by law. Introduced -*3U),V' 19 Adopted �tQ p1��R 197T Approved eCS Ms It , 197.E-" / Mayor ATTEST: r City Clerk Approved as to form• Corporation 'ounsel