ARTICLE II. HUMAN RIGHT COMMISSION
ARTICLE III. DISCRIMINATION
- Sec. 82-26. Declaration of policy.
- Sec. 82-27. Created; membership.
- Sec. 82-28. Functions and duties.
- Sec. 82-29. Authority.
- Secs. 82-30--82-55. Reserved.
- Sec. 82-59. Exercise of preference by religious or denominational institutions or organizations.
- Sec. 82-60. Discrimination in places of public accommodation.
- Sec. 82-61. Discrimination in employment.
Sec. 82-26. Declaration of policy. back to top
It is the policy of the city, in the exercise of its power for the protection of the public health, safety, and welfare and for the maintenance of peace and good government, to ensure equal opportunities and rights for all persons in employment, public accommodations, and housing.
(Code 1979, § 8-239)
Sec. 82-27. Created; membership. back to top
There is created and established a human relations commission, consisting of 12 voting members, including a youth member, one nonvoting member, one alternate member who shall not be entitled to vote, and one youth alternate who shall not be entitled to vote. The 12 voting members and the alternate members shall be of voting age, registered electors, and shall be appointed and serve pursuant to Charter section 9-1 and Code section 2-772. The nonvoting member shall be appointed by the city manager. The members shall be broadly representative of all citizens, and shall reflect, as far as possible, the religious, racial, ethnic, and age groups of the community. The commission shall elect from its membership officers as necessary to its goals and functions.
(Code 1979, § 8-240; Ord. No. 95-53, exhibit A (§ 8-240), 9-11-95)
Sec. 82-28. Functions and duties. back to top
The functions and duties of the human relations commission shall include but not be limited to:
(1) Providing the city council with information concerning changing social conditions.
(2) Reviewing for accountability those external human service agencies that receive funds from the city.
(3) Working toward solving social problems and improving social conditions.
(8) For any person to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing to make or cause to be made any written or oral inquiry concerning sex, national origin, religion, ancestry, race, creed, or color of a person seeking such financial assistance or concerning the sex, national origin, religion, ancestry, race, creed or color of prospective occupants or tenants of such housing or to discriminate against any person because of the sex, religion, national origin, ancestry, race, creed or color of such person or prospective occupants or tenants in granting, withholding, extending, modifying or renewing, or in the terms, conditions, or privileges relating to the obtaining or use of any such financial assistance.
(9) For any person for business or economic reasons to induce, directly or indirectly, or to attempt to induce, directly or indirectly, the sale or rental or listing for sale or rental of any housing by representing that a change has occurred or will or may occur with respect to the religious, ethnic or racial composition of the street, block, neighborhood or area in which the housing is located.
(10) For any person to aid, incite, compel, coerce or participate in the doing of any act defined in this section as an unfair housing practice or to obstruct or prevent any person from complying with the provisions of this article or any order issued under this article or to attempt, either directly or indirectly, to commit any act defined in this section to be an unfair housing practice.
(Code 1979, § 20-3; Ord. No. 95-53, exhibit A (§ 20-3), 9-11-95)
Sec. 82-29. Authority. back to top
The human relations commission, acting within the scope of its functions, shall have the authority to:
(1) Conduct public hearings and inquire into incidents and complaints in the areas of human relations and human services.
(2) Study, analyze and recommend to the city council proposals for administrative or legislative action in the area of human relations, human services and affirmative action.
(3) Review proposed actions of federal, state, county, or local governments which affect human services in the city.
(4) Enlist the cooperation of community groups to participate in programs that demonstrate the need to eliminate discrimination.
(5) Cooperate with federal, state, county and municipal agencies and departments to eliminate prejudice, intolerance, and discrimination.
(6) Hold hearings and accept voluntary evidence as may be tendered or obtained by deposition relating to matters under investigation by or of concern to the commission, and call upon the city attorney for counsel and guidance in all such matters.
(7) Cooperate with city boards and commissions in matters concerning human relations and human services.
(8) Report to the city council yearly or upon request programs, practices and matters of priority in human relations and human services.
(9) Review and recommend changes that encourage the use of minority, women, and small business enterprises in accordance with city, state, and federal guidelines.
(10) Review and evaluate human service agencies that serve the city and make recommendations for funding of those agencies to the city council.
(11) Maintain registries of human services, which shall be available to all citizens of the city.
(12) Accept and expend contributions from various charitable, religious, community, labor, civil or benevolent groups or organizations to assist the commission in its duties and functions. All funds so contributed shall be audited by the city.
(13) Present annual human relations awards to any group, company, organization, or individual doing business or residing in the city who has demonstrated commitment to the principles and goals of the human relations commission as set forth in this article.
(14) Expend and donate monies to individuals, groups, companies or organizations in accordance with a resolution promulgated by the city council in conjunction with the annual budget process and from time to time as the need may arise.
(Code 1979, § 8-242)
Secs. 82-30--82-55. Reserved. back to top
Sec. 82-59. Exercise of preference by religious or denominational institutions or organizations. back to top
In addition to those prohibitions contained in C.R.S. §§ 24-34-502 and 24-34-502.2, nothing contained in this article shall be construed to bar any religious or denominational institution or organization which is operated or supervised or controlled by or is operated in connection with a religious or denominational organization from limiting admission to or giving preference to persons of the same religion or denomination, or from making such selections of buyers, lessees, or tenants as are calculated by such organization or denomination to promote the religious or denominational principles for which it is established or maintained.
(Code 1979, § 20-4; Ord. No. 95-53, exhibit A (§ 20-4), 9-11-95)
Sec. 82-60. Discrimination in places of public accommodation. back to top
It is a discriminatory practice to engage in any of the prohibited practices set out in C.R.S. § 24-34-601 or for any person, directly or indirectly, to refuse, deny to, or withhold from an individual or group, because of a discriminatory reason, the full and equal enjoyment of a place of public accommodation or in any way to restrict their access to and use thereof or directly or indirectly to publish, circulate, issue, display, post or mail any written or printed communication, statement, poster, publication, notice or ad of any kind which indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation will be refused, denied to or withheld from any individual or that his or her patronage or presence at a place of public accommodation is objectionable, unacceptable, undesirable, not welcome, or not solicited for discriminatory purposes.
(Code 1979, § 20-5; Ord. No. 95-53, exhibit A (§ 20-5), 9-11-95)
Sec. 82-61. Discrimination in employment. back to top
Terms contained in this section shall be as defined by reference to C.R.S. § 24-34-401. It shall be a discriminatory or unfair employment practice to engage in any of the prohibited practices set out in C.R.S. §§ 24-34-402 and 24-34-402.5 or:
(1) For an employer to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, because of sex, national origin, religion, ancestry, race, creed or color.
(2) For an employment agency to refuse to list and properly classify for employment or to refer an individual for employment in a known available job for which such individual is otherwise qualified because of sex, national origin, religion, ancestry, race, creed or color or to comply with a request from an employer for referral of applicants for employment if the request indicates, either directly or indirectly, that the employer discriminates in employment on account of sex, national origin, religion, ancestry, race, creed or color.
(3) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for employment or membership or to make any inquiry in connection with prospective employment or membership which expresses, either directly or indirectly, any limitation, specification or discrimination as to sex, national origin, religion, ancestry, race, creed or color, or intent to make any such limitation, specification or discrimination, unless such inquiry is necessary to establish a bona fide occupational qualification for the intended position or is required by and given to an agency of government for security reasons.
(4) For any person, whether or not an employer, an employment agency, a labor organization, or the employees or members thereof, to aid, abet, incite, compel or coerce the doing of any act defined in this section to be a discriminatory or unfair employment practice or to obstruct or prevent any person from complying with the provisions of this article or any order issued under this article or to attempt, either directly or indirectly, to commit any act defined in this section to be a discriminatory or unfair employment practice.
(5) For any employer, vocational school or any other agency providing, coordinating or controlling apprenticeship programs or providing, coordinating or controlling on-the-job training programs or other instruction, training or retraining programs to:
a. Deny to or withhold from any qualified person because of his or her sex, national origin, religion, ancestry, race, creed, or color the right to be admitted to or participate in an apprenticeship training program, on-the-job training program, or other occupational instruction, training or retraining program.
b. Discriminate against any qualified person in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs because of sex, national origin, religion, ancestry, race, creed or color.
c. Print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for such programs or to make any inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to sex, national origin, religion, ancestry, race, creed, or color or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification.
(6) For any private employer who has contracted with an employment agency the responsibilities for recruiting, testing and evaluating applicants for employment to refuse or provide the identity of the employment agency to any person who makes direct contact with the private employer, but an employer shall not be deemed to have violated the provisions of this section if such employer retains one or more employment agencies as exclusive suppliers of personnel.
(7) Notwithstanding any provisions of this section to the contrary, it shall not be a discriminatory practice for the human resources department to ascertain and record the age, sex, race, creed, color or national origin of any individual for the purpose of making such reports as may be required by law to agencies of the federal or state government only. Such records may be made and kept in the manner required by the federal or state law, but no such information shall be divulged by such department to prospective employers as a basis for employment, except as provided in this subsection.
(Code 1979, § 20-6; Ord. No. 95-53, exhibit A (§ 20-6), 9-11-95; Ord. No. 2005-04, § 5, 2-28-2005)
