HomeMy WebLinkAbout2008-7-7441ORDINANCE NO. 2008-7-7441
AN ORDINANCE AMENDING ARTICLES III, IV, AND V, OF CHAPTER 58,
HUMAN RELATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Article III, Equal Employment Opportunities, of Chapter 58,
Human Relations, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
Section 58-61. Unlawful employment practices.
(a) It is an unlawful practice for an employer:
(1) To fail or refuse to hire, or to discharge, any individual, or otherwise
discriminate against an individual with respect to his compensation, terms,
conditions, or privileges of employment, because of such individual's race,
color, religion, familial status, handicap, sex, age, or national origin; or
(2) To limit, segregate, or classify his employees in any way which would
deprive or tend to deprive an individual of employment opportunities or
otherwise adversely affect his status as an employee, because of such
individual's race, color, religion, familial status, handicap, sex, age, or
national origin.
(b) It is an unlawful practice for an employment agency to fail or refuse to refer
for employment, or otherwise to discriminate against, an individual because of race,
color, religion, familial status, handicap, sex a e or national origin, or to classify or refer
for employment an individual on the basis of race, color, religion, familial status,
handicap, sex a e or national origin.
(c) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership, or otherwise to discriminate
against, a member or applicant for membership because of his race, color,
religion, familial status, handicap, sex, age, or national origin.
(2) To limit, segregate, or classify its membership, or to classify or fail or refuse
to refer for employment an individual, in any way which would deprive or
tend to deprive an individual of employment opportunities, or otherwise
adversely affect his status as an employee or as an applicant for employment,
because of the individual's race, color, religion, familial status, handicap, sex,
age, or national origin.
(3) To cause or attempt to cause an employer to discriminate against an
individual in violation of this section.
(d) It is an unlawful practice for an employer, labor organization, or joint labor-
management committee controlling apprenticeship or other training or retraining,
including on-the-job training programs, to discriminate against an individual because of
race, color, religion, familial status, handicap, sex, age, or national origin in admission to,
or employment in, any program established to provide apprenticeship or other training.
(e) It is an unlawful practice for an employer, labor organization, or employment
agency to print or publish or cause to be printed or published a notice or advertisement
relating to employment by such an employer or membership in or any classification or
referral for employment by the employment agency, indicating any preference, limitation,
specification, or discrimination based on race, color, religion, familial status, handicap,
sex' age, or national origin, except that such a notice or advertisement may indicate a
preference, limitation, or specification based on religion, sexVe, or national origin
when religion, sex, age, or national origin is a bona fide occupational qualification for
employment.
Sec. 58-62. Exceptions.
Notwithstanding any other provision of this chapter, it shall not be an unlawful
practice for:
(1) An employer to hire and employ employees, or an employment agency to
classify or refer for employment an individual, for a labor organization to
classify its membership or to classify or refer for employment an individual,
or for an employer, labor organization, or joint labor-management committee
controlling apprenticeship or other training or retraining programs to admit or
employ an individual in any such program on the basis of religion, sex,, age,
or national origin when religion, sex, age, or national origin is a bona fide
occupational qualification reasonably necessary to the normal operation of
that particular business or enterprise.
(2) A religious corporation, association, or society to employ an individual on
the basis of religion to perform work connected with the carrying on by the
corporation, association, or society of its religious activity.
(3) A school, college, university, or other educational institution is in whole or
substantial part owned, supported, controlled or managed by a particular
religious corporation, association, or society, or if the curriculum of the
school, college, university, or other educational institution is directed toward
the propagation of a particular religion, and the choice of employees is
calculated by such organization to promote the religious principles for which
it is established and maintained.
(4) An employer to apply different standards of compensation, or different
terms, conditions, or privileges of employment, pursuant to a bona fide
seniority or merit system, or a system which measures earnings by quantity
or quality of production, or to employees who work in different locations,
provided that such differences are not the result of an intention to
discriminate because of race, color, religion, familial status, handicap, sex.,
age, or national origin, nor is it an unlawful practice for an employer to give
and to act upon the results of any professionally developed ability test
provided that such test, its administration or action upon the results is not
designed, intended or used to discriminate because of race, color, religion,
familial status, handicap, sex,, age, or national origin.
Sec. 58-63. Preferential treatment not required.
Nothing contained in this article requires an employer, employment agency, labor
organization, or joint labor-management committee subject to this chapter to grant
preferential treatment to an individual or to a group because of the race, color, religion,
familial status, handicap, sex, age, or national origin of the individual or group on
account of an imbalance which may exist with respect to the total number or percentage
of persons of any race, color, religion, familial status, handicap, sex, age, or national
origin employed by an employer, referred or classified for employment by an
employment agency or labor organization, admitted to membership or classified by a
labor organization, or admitted to, or employed in, an apprenticeship or other training
program, in comparison with the total number or percentage of persons of such race,
color, religion, familial status, handicap, sex, age, or national origin in the state or a
community, section, or other area, or in the available work force in the state or a
community, section or other area.
Secs. 58-64--58-80. Reserved.
SECTION 2. That Article IV, Places of Public Accommodation, of Chapter 58,
Human Relations, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
Sec. 58-81. Unlawful discriminatory practices.
(a) Except as otherwise provided in this chapter, it is an unlawful practice for a
person to deny an individual the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, and accommodations of a place of public
accommodation, resort, or amusement as defined in section 58-2, on the grounds of race,
color, religion, familial status, handicap, sex,, awe, or national origin.
(b) It is an unlawful practice for a person, directly or indirectly, to publish,
circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or
mailed, a written, printed, oral, or visual communication, notice, or advertisement, which
indicates that the goods, services, facilities, privileges, advantages, and accommodations
of a place of public accommodation, resort, or amusement will be refused, withheld, or
denied an individual on account of race, color, religion, familial status, handicap, sex,
age _or national origin or that the patronage of, or presence at, a place of public
accommodation, resort, or amusement of an individual on account of race, color, religion,
familial status, handicap, sex,, age or national origin is objectionable, unwelcome,
unacceptable, or undesirable.
SECTION 3. That Article V, Fair Housing, of Chapter 58, Human Relations, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as
follows:
Sec. 58-101. Unlawful housing practices.
It is an unlawful practice for a real estate operator, or for a real estate broker, real
estate salesperson, or an individual employed by or acting on behalf of any of these, to:
(1) Refuse to sell, exchange, rent, or lease, or otherwise deny to or withhold real
property from an individual because of race, sex' age, color, religion, familial
status, handicap or national origin;
(2) Discriminate against an individual because of race, sex' age, color, religion,
familial status, handicap or national origin in the terms, conditions, or
privileges of the sale, exchange, rental, or lease of real property, or in the
furnishing of facilities or services in connection therewith;
(3) Refuse to receive or transmit a bona fide offer to purchase, rent, or lease real
property from an individual because of race, sex, age, color, religion, familial
status, handicap or national origin;
(4) Refuse to negotiate for the sale, rental, or lease of real property to an
individual because of race, sex, age, color, religion, familial status, handicap
or national origin;
(5) Represent to an individual that real property is not available for inspection,
sale, rental, or lease when in fact it is so available, or to refuse to permit an
individual to inspect real property because of race, sex, age, color, religion,
familial status, handicap or national origin;
(6) Print, circulate, post or mail, or cause to be printed, circulated, posted, or
mailed, an advertisement or sign, or to use a form of application for the
purchase, rental, or lease of real property, which indicates, directly or
indirectly, a limitation, specification, or discrimination as to race, sex,, a&e,
color, religion, familial status, handicap or national origin or an intent to
make such a limitation, specification, or discrimination;
(7) Offer, solicit, accept, use or retain a listing of real property for sale, rental or
lease with the understanding that an individual may be discriminated against
in the sale, rental or lease of that real property or in the furnishing of facilities
or services in connection therewith because of race, sex a e color, religion,
familial status, handicap or national origin; or
(8) Otherwise deny to or withhold real property from an individual because of
race, sex, age, color, religion, familial status, handicap or national origin.
Sec. 58-102. Exceptions.
(a) Nothing in section 58-101 shall apply to:
(1) The rental of a housing accommodation in a building which contains housing
accommodations for not more than two families living independently of each
other, if the owner or a member of his family resides in one of the housing
accommodations;
(2) The rental of one room or one rooming unit in a (portion of a) housing
accommodation by an individual (the occupant of the housing .-
accommodation or by the owner of the housing accommodation) if he or a
member of his family resides therein; or
(3) A religious institution, or an organization operated for charitable or
educational purposes, which is operated, supervised or controlled by a
religious corporation, association or society, to the extent that the religious
corporation, association, or society limits or gives preference in the sale,
lease, rental, assignment, or sublease of real property to individuals of the
same religion, or makes a selection of buyers, tenants, lessees, assignees, or
sublessees, that is calculated by such religious corporation, association, or
society to promote the religious principles for which it is established or
maintained.
(b) Nothing in this chapter shall be construed to affect the legal rights of a
private individual homeowner to dispose of his property through private sale without the
aid of any real estate operator, broker or salesperson, and without advertising or public
display.
(c) Nothing in this article shall require a real estate operator to negotiate with
any individual who has not shown evidence of financial ability to consummate the
purchase or rental of a housing accommodation.
Sec. 58-103. Unlawful financial practices.
It is an unlawful practice for a financial institution or an individual employed by
or acting on behalf of a financial institution:
(1) To discriminate against an individual because of the race, color, religion, sex,
age, status, handicap or national origin of the individual or the present or
prospective owner, tenant or occupant of the real property, or of a member,
stockholder, director, officer, employee, or representative of any of these, in the
granting, withholding, extending, modifying or renewing the rates, terms,
conditions, privileges or other provisions of financial assistance or in the
extension of services in connection therewith; or
(2) To use a form of application for financial assistance or to make or keep a
record or inquiry in connection with applications for financial assistance which
indicates, directly or indirectly, a limitation, specification, or discrimination as to
race, color, religion, sex, age, familial status, handicap or national origin or an
intent to make such a limitation, specification, or discrimination as to race, color,
religion, sex, age, familial status, handicap or national origin or an intent to make
such a limitation, specification or discrimination.
Sec. 58-104. Violations committed as agent for another.
It shall be no defense to a violation of this article by a real estate operator, real
estate broker, real estate salesperson, financial institution, or other person subject to the
provisions of this article that the violation was requested, sought or otherwise procured
by a person not subject to the provisions of this article.
Secs. 58-105--58-130. Reserved.
SECTION 4. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, July 8, 2008
Adopted by the Board of Commissioners, July 22, 2008
Recorded by Tammarar S. Brock, City Clerk, July 22, 2008
Published by The Paducah Sun, July 28, 2008
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