__________
*Cross reference(s)--Discrimination in employment by contractors and
vendors with the city prohibited, § 2-119; landlord-tenant rights and duties,
Ch. 12.5.

__________
ARTICLE I. IN GENERAL

Secs. 12-1--12-15. Reserved.

ARTICLE II. COMMISSION ON HUMAN RELATIONS*

__________
*Cross reference(s)--Administration, Ch. 2; boards and commissions
generally, § 2-77 et seq.

__________
Sec. 12-16. Establishment.

There is hereby established a commission on human relations.

(Code 1975, § 7.65)

Sec. 12-17. Composition, appointment.

The commission on human relations shall consist of nine (9) members to be
appointed by the mayor with the approval of the city council. Members of the
commission shall be chosen from among residents of the city representing
various segments of the community. In the making of appointments
hereunder, the mayor may receive recommendations by civic groups.

(Code 1975, § 2.65; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-18. Terms of members.

The term of office of each person appointed to the commission on human
relations, unless otherwise expressly provided for by ordinance, shall expire
at 7:30 p.m. on the third May first following the date of appointment. The
terms of office of the members shall be staggered.

(Code 1975, § 2.65)

Sec. 12-19. Organization.

The commission on human relations shall elect from its members a
chairperson and such other officers as it deems necessary, and may adopt
such rules and regulations as may be necessary or appropriate to carry out
its duties.

(Code 1975, § 2.65)

Sec. 12-20. Quorum.

The lesser of a majority of members or any four (4) members of the
commission on human relations shall constitute a quorum.

(Code 1975, § 2.65; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-21. Meetings; absence of member.

(a) The commission on human relations shall meet from time to
time, at least once each month, on call of the chairperson or of any four
(4) members.

(b) Any member who is absent from all meetings in three (3)
consecutive months may be replaced as in the case of a vacancy.

(Code 1975, § 2.65)

Sec. 12-22. Duties; cooperation with city offices.

(a) The commission on human relations shall cooperate with the
mayor, city council, city departments, agencies and officials in
securing the furnishings of equal services to all residents, and where
the need is greater, in meeting that need with added service; training
city employees to use methods of dealing with intergroup relations
which develop respect for equal rights and which result in equal
treatment without regard to race, color, religion, national origin,
ancestry, disability, or sexual orientation; assuring fair and equal
treatment under the law to all citizens; protecting the rights of all
person to enjoy public accommodations and facilities and to receive
equal treatment from all holders of licenses, contracts or privileges from
the city; and maintaining equality of opportunity for employment and
advancement in the city government. The services of all city
departments and agencies shall be made available by their respective
heads to the commission at its request, and information in the hands of
any department or agency shall be furnished to the commission upon
written request to the mayor. Upon receipt of recommendations in
writing from the commission, each department or agency shall submit
a reply in writing indicating the disposition of, and action taken, with
regard to such recommendations.

(b) The commission on human relations shall advise and consult
with the mayor and city council on all matters involving racial, religious,
ethnic, disability, or sexual orientation prejudice or discrimination and
recommend such legislative action as it may deem appropriate to
effectuate the policy of this article. The commission shall render an
annual report to the mayor and city council.

(Code 1975, § 2.66; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-23. Cooperation with other agencies.

The commission on human relations shall invite and enlist the cooperation of
racial, religious and ethnic groups, community organizations, labor and
business organizations, professional and technical organizations, and other
groups in the city in carrying on its work. The commission may aid in the
formation of local community groups in such neighborhoods as it may deem
necessary or desirable to carry out specific programs designed to lessen
tensions or improve understanding in the community. The commission shall
cooperate with state and federal agencies whenever it deems such action
appropriate in effectuating the policy of this article.

(Code 1975, § 2.67)

Sec. 12-24. Performance of duties delegated by mayor and council.

The commission shall perform such further duties as may be delegated to it
by the mayor and city council.

(Code 1975, § 2.68; Ord. No. 7879-93, 4-24-79)

Sec. 12-25. Budget.

The commission on human relations shall annually submit a budget to the
mayor. Such budget shall show those funds that are deemed necessary by
the commission to implement its duties under this article.

(Code 1975, § 2.69; Ord. No. 9798-49, § 1, 10-6-97)

Secs. 12-26--12-36. Reserved.

ARTICLE III. DISCRIMINATION*

*Editor's note--Section 1 of Ord. No. 7879-92, enacted April 24, 1979,
amended § 2.68a of the 1975 Code in its entirety, to read as therein set
forth. Accordingly, the provisions of former Art. III entitled "Equal
Opportunity, being §§ 12-37--12-40, 12-48--12-51, 12-59--12-65, 12-73,
12-74, 12-82--12-85, 12-93--12-97, 12-105 and 12-106, have been deleted
and the substantive provisions Ord. No. 7879-92, § 1, are included herein as
a new Art. III. In addition to § 2.68a of the 1975 Code, former Art. III derived
from Ord. No. 7576-43, §§ 1--28, enacted Nov. 17, 1975 and Ord. No.
7576-45, enacted Dec. 1, 1975.

State law reference(s)--Improvement of group relations, 65 ILCS
5/11-11.2-1.

__________
DIVISION 1. GENERALLY

Sec. 12-37. Intent and purpose.

It is the intent of the City of Urbana in adopting this article, to secure an end,
in the city, to discrimination, including, but not limited to, discrimination by
reason of race, color, creed, class, national origin, religion, sex, age, martial
status, physical and mental disability, personal appearance, sexual
preference, family responsibilities, matriculation, political affiliation, prior
arrest or conviction record or source of income, or any other discrimination
based upon categorizing or classifying a person rather than evaluating a
persons unique qualifications relevant to an opportunity in housing,
employment, credit or access to public accommodations.

(Ord. No. 7892-92, § 1(1), 4-24-79; Ord. No. 9596-66A, § 1, 2-5-96; Ord. No.
9798-49, § 1, 10-6-97)

Sec. 12-38. Short title.

This article may be cited as the "Human Rights Ordinance."

(Ord. No. 7879-92, § 1(2), 4-24-79)

Sec. 12-39. Definitions.

[For the purpose of this article, the following words and terms shall be
defined as herein set forth:]

Bona fide occupational qualification. A qualification reasonably necessary to
the normal operation of a particular business.

Commission. The City of Urbana's human relations commission.

Complainant. A person who believes that he/she has been aggrieved by a
violation of a provision of this article and who files a complaint with the
commission or officer.

Council. The council of the City of Urbana, Illinois.

Credit transaction. Any invitation to apply for credit, application for credit,
extension of credit or credit sale.

Disability. The term "disability," with respect to an individual, means (a) a
physical or mental impairment that substantially limits one (1) or more of the
major life activities of an individual; (b) a record of such an impairment; or (c)
being regarded as having such an impairment.

Discrimination. Any practice or act which is unlawfully based wholly or
partially on the race, color, creed, class, national origin, religion, sex, age,
martial status, physical or mental disability, personal appearance, sexual
preference, family responsibilities, matriculation, political affiliation, prior
arrest or conviction record or source of income of any individual, or any
subclass of the above groups.

Employee. Any individual employed or seeking employment from an
employer.

Employer. Any person who, for compensation, employs any individual
except for the employer's parents, spouse or children; or who employs
domestic servants engaged in and about the employer's household.

Employment agency. Any person regularly undertaking or attempting, with or
without compensation, to procure employees for an employer or to procure
for employees the opportunity to work for an employer, including any agent
of such a person.

Family responsibilities. The state of being, or the potential to become, a
contributor to the support of a person or persons in a dependent relationship,
irrespective of their number, including single parents.

Labor organization. Any collective bargaining unit, committee, group,
association or plan in which employees participate directly or indirectly and
which exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours or other
terms, conditions or privileges of employment.

Lease. This includes sublease, assignment, rental, or providing the use of
real property for a fee, goods, services or anything of financial value, and
includes any contract to do any of the foregoing.

Marital status. The state of being married, separated, divorced, widowed or
single and the conditions associated therewith, including pregnancy or
parenthood.

Matriculation. The condition of being enrolled in college or a university,
whether as an undergraduate, graduate or professional student in any area
of study, full-time or part-time, in either a degree or non-degree program, or
in a business, nursing, professional, secretarial, technical or vocational
school or an adult educational program.

Officer. The City of Urbana's human relations officer.

Owner. Any person who holds legal or equitable title to, or owns any
beneficial interest in, any real property or who holds legal or equitable title to
a share of, or holds any beneficial interest in, any real estate cooperative
which owns any real property.

Person. One or more individuals, labor unions, employers, employment
agencies, partnerships, associations, creditors, corporations, cooperatives,
legal representatives, government agency, trustees, owner, or any agent or
representative of any of the foregoing.

Personal appearance. The outward appearance of any person, irrespective of
sex, with regard to bodily condition or characteristics, such as weight,
height, facial features, or other aspects of appearance. It shall not relate,
however, to the requirement of cleanliness, uniforms, or prescribed attire, if
and when such requirement is uniformly applied for admittance to a public
accommodation or to employees in a business establishment for a
reasonable business purpose.

Political affiliation. The state of belonging to or endorsing any political party
or organization or taking part in any activities of a political nature.

Public accommodations. All places, businesses or individuals offering
goods, services or accommodations to the general public.

Real property. Any real estate, vacant land, building or structure, or any part
thereof within the city limits of Urbana, Illinois.

Respondent. A person charged with a violation of a provision of this article.

Sex. The state of being or becoming male or female or transsexual, or
pregnant, or the ability to become pregnant.

Sexual harassment. Any unwelcome sexual advances or requests for sexual
favors or any conduct of a sexual nature when (1) submission to such
conduct is made either explicitly or implicitly a term or condition of an
individual's employment, housing, or access to public accommodations, (2)
submission to or rejection of such conduct by an individual is used as the
basis for decisions in employment, housing, or access to public
accommodations affecting such individual, or (3) such conduct has the
purpose or effect of substantially interfering with an individual's work
performance or creating an intimidating, hostile, or offensive environment for
working, housing, or use of public accommodations.

Sexual orientation. Male or female homosexuality, heterosexuality or
bisexuality, by preference or practice.

Source of income. The point or form of the origination of legal gains of
income accruing to a person in a stated period of time; from any occupation,
profession or activity, from any contract, agreement or settlement, from
federal, state or local payments, including Section 8 or any other rent
subsidy or rent assistance program, from court ordered payments or from
payments received as gifts, bequests, annuities or life insurance policies.

(Ord. No. 7879-92, § 1(3), 4-24-79; Ord. No. 9596-66, § 1, 1-22-96; Ord. No.
9798-49, § 1, 10-6-97)

Secs. 12-40--12-60. Reserved.

DIVISION 2. PROHIBITED PRACTICES

Sec. 12-61. Discrimination in opportunities, generally.

(a) Every individual shall be afforded the opportunity to participate
fully in the economic, cultural and intellectual life that is available in the
city, which shall include but not be limited to opportunities in
employment, housing, places of public accommodation and credit or
commercial transactions.

(b) It shall further be unlawful to discriminate in the provisions of any
of the foregoing opportunities.

(c) With respect to age, physical or mental disability, matriculation
or source of income, it shall not be an unlawful practice to accord
preferential treatment to any individual when such treatment is
designed to promote the safety, health or welfare of such individuals
because of their circumstances, relative to their age, physical or mental
disability, matriculation or source of income, which would not normally
allow them to enjoy, to the fullest extent, those benefits of our society
which are generally available to others.

Notwithstanding the existence of separate or different programs or activities
provided in accordance with this section, an individual shall not be denied
the opportunity to participate in such programs or activities that are not
separate or different.

(Ord. No. 7879-92, § 1(4), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-62. Employment.

(a) By an employer. It shall be an unlawful practice for an employer
to do any of the following acts for a reason based wholly or partially on
discrimination:

(1) To fail or refuse to hire, to discharge or to accord adverse,
unlawful and unequal treatment to any person with respect to his/her
application, hiring, training, compensation, tenure, upgrading,
promotion, layoff or any other terms, conditions or privileges of
employment;

(2) To limit, segregate or classify his/her employees in any way
which would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect his/her status as an
employee; provided, that an employer who is discriminating with
respect to compensation shall not, in order to comply with the
provisions of this section, reduce the wage rate of any employee;

(3) To engage in, permit, or tolerate sexual harassment.

(b) By an employment agency. It shall be an unlawful practice for an
employment agency to do any of the following acts for a reason based
wholly or partially on discrimination:

(1) To fail or refuse to refer for employment any individual, or
otherwise to discriminate against any individual in any way which
would deprive or tend to deprive such individual of an employment
opportunity;

(2) To engage in, permit, or tolerate sexual harassment.

(c) By an employer or employment agency. It shall be an unlawful
practice for an employer or employment agency to make or use a
written or oral inquiry or form of application that elicits or attempts to
elicit information for a reason based wholly or partially on
discrimination; to make or keep a record of or disclose such
information, except that the collection and reporting of such information
shall not be unlawful if done for equal opportunity or affirmative action
purposes pursuant to any local, state or federal government equal
opportunity or affirmative action program.

(d) By a labor organization. It shall be an unlawful practice for a labor
organization to do any of the following acts for a reason based wholly or
partially on discrimination:

(1) To exclude or to expel from its membership, or otherwise
discriminate against any individual;

(2) To limit, segregate or classify its membership;

(3) To classify or fail or refuse to refer for employment any
individual in any way which would deprive or tend to deprive such
individual of an employment opportunity, or otherwise adversely
affect his/her status as an employee or an applicant for
employment;

(4) To engage in, permit, or tolerate sexual harassment.

(e) By an employer, employment agency or labor organization. It
shall be an unlawful practice for an employer, employment agency or
labor organization to do any of the following acts for a reason based
wholly or partially on discrimination:

(1) To exclude any individual in admission to, or employment in,
any program established to provide apprenticeship or other training
or retraining, including an on-the-job training program;

(2) To place or accept an order or request for referrals, to print or
publish, or cause to be printed or published, any notice or
advertisement, or use any publication form, relating to employment
by such an employer, or to membership, or any classification or
referral for employment by such a labor organization or employment
agency, indicating any preference, limitation, specification or
distinction based on discrimination.

(f) Exceptions:

(1) It shall not be an unlawful practice for an employer to observe
the conditions of a bona fide seniority system or a bona fide
employee benefit system such as retirement, pension or insurance
plan which is not a subterfuge to evade the purposes of this article,
except that no such employee seniority system or benefit plan shall
excuse the failure to hire any individual.

(2) It shall not be an unlawful practice for a notice or
advertisement to indicate a preference, limitation or specification
where such factors are bona fide occupational qualifications
necessary for employment. Nor shall it be unlawful for a person to
request, accept an order for, refer or hire an individual based on
such a preference, limitation or specification where such factors are
bona fide occupational qualifications necessary for such
employment.

(3) It shall not be an unlawful practice for any person to develop a
lawful affirmative action plan designed to overcome the effects of
past discrimination and to take action not otherwise prohibited by
this article or state or federal law to carry out any such affirmative
action plan.

(Ord. No. 7879-92, § 1(5-10), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-63. Public accommodations.

(a) Generally.

(1) It shall be an unlawful practice to do any of the following acts
wholly or partially for a reason based on discrimination: To deny,
directly or indirectly, or charge a higher price than the regular rate,
for the full and equal enjoyment of the goods, services, facilities,
privileges, advantages and accommodations of any place of public
accommodation; to print, circulate, post, mail, or otherwise cause,
directly or indirectly, to be published a statement, advertisement or
sign 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, withheld from or
denied an individual; or that an individual's patronage of, or presence
at, a place of public accommodation is objectionable, unwelcome,
unacceptable or undesirable.

It shall also be unlawful to fail to make reasonable
modifications to policies, practices or procedures when
such modifications are necessary to afford equal services or
accommodations to individuals with disabilities; to fail to
remove architectural barriers and communication barriers
that are structural in nature in existing facilities, where such
removal may be readily achievable; to fail to take such
steps as may be necessary to ensure that no individual with
a disability is excluded, segregated or otherwise treated
differently than other individuals because of the absence of
auxiliary aids and services. A party providing goods or
services to the public shall not be required to take any
action under this section that would fundamentally alter the
nature of such goods and services being offered or would
result in an undue burden.

(b) Credit transactions:

(1) It shall be an unlawful practice for any person to deny, refuse
or restrict the amount or use of credit that is extended; or to impose
different terms or conditions with respect to extensions of credit
based on discrimination.

(2) It shall be an unlawful practice for any person to refuse, upon
the written request of an unsuccessful applicant for credit, to provide
within a reasonable period of time such an applicant with a written
statement explaining the reason(s) for the denial, refusal or
restriction of the amount or use of credit.

(3) It shall not be unlawful for any party to a credit transaction to
consider the credit history of any individual applicant and to use
accepted standards to determine an individual applicant's ability to
fulfill the terms of the transaction if such methods are utilized in the
same fashion to determine all applicant's eligibility for credit and are
not designed to contravene, nor have the effect of contravening, the
intent of this article.

(Ord. No. 7879-92, § 1(11, 12), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-64. Housing and commercial space.

(a) Generally. It shall be an unlawful practice to do any of the
following acts for a reason wholly or partially based on discrimination:

(1) To refuse to negotiate for, enter into, or perform any sale,
exchange or lease of any real property; or to require different terms
for such transaction or to represent falsely that an interest in real
property is not available for inspection, purchase, sale, exchange,
lease or occupancy when in fact it is so available.

(2) To include in the terms or conditions of a transaction in real
property, any clause, condition or restriction.

(3) To refuse to lend money, guarantee a loan, accept a deed of
trust or mortgage, or otherwise refuse to make funds available for
the purchase, acquisition, construction, alteration, rehabilitation,
repair or maintenance of real property; or impose different conditions
on such financing; or refuse to provide title or other insurance,
relating to the ownership or use of any interest in real property.

(4) To refuse or restrict facilities, service, repairs or improvements
for a tenant or lessee.

(5) To make, print or publish, or to cause to be made, printed or
published any notice, statement or advertisement, with respect to a
transaction, or proposed transaction, in real property, or financing
related thereto, which notice, statement or advertisement indicates
or attempts to indicate any preference or limitation.

(6) To discriminate in any financial transaction involving real
property on account of the location of the residence or business, a
practice commonly referred to as "red lining."

(7) To refuse examination of copies of any listing of real property.

(8) To enter into a listing agreement which prohibits the
inspection, sale, exchange, lease or occupancy of real property.

(9) To act or undertake to act, in any capacity, in a transaction in
which a person knows that a violation of this article has occurred or
will occur.

(10) To purchase, sell, exchange, lease or occupy real property,
or authorize and direct one in his/her employment or on his/her
behalf to do so, or solicit another person to do so, for the specific
reason and intention of preventing another person or persons from
transacting the same.

(11) To refuse to negotiate for, enter into or perform any sale,
exchange or lease of any real property because of discrimination
against any party to the transaction, any member of the family of
any such party, any person using or occupying or intending to use
or occupy the real property or any person using or occupying any
real property in the area in which such real property is located.

(12) To refuse to permit, at the expense of a person with a
disability, reasonable modifications of existing premises occupied or
to be occupied by such person if such modifications may be
necessary to afford such person full enjoyment of the premises;
except that, in the case of a rental, the landlord may, where it is
reasonable to do so, condition permission for a modification on the
renter agreeing to restore the interior of the premises to the
condition that existed before modifications to the extent necessary
for future reasonable use of persons without disabilities, reasonable
wear and tear excepted. The landlord may not increase for disabled
persons any customarily required security deposit. Where it is
necessary in order to ensure with reasonable certainty that funds
will be available to pay for the restorations at the end of the tenancy,
the landlord may negotiate as a part of such a restoration
agreement a provision requiring that the tenant pay a reasonable
amount of money not to exceed that cost of the restoration. The
landlord shall only collect restoration money for actual costs
incurred in the restoration. The landlord may condition permission
for a modification on the renter providing a reasonable description of
the proposed modification as well as reasonable assurances that
the work will be done in a workman-like manner and that any
required building permits will be obtained;

(13) To refuse to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may
be necessary to afford a person with a disability equal opportunity to
use and enjoy a dwelling.

(b) Blockbusting and steering. It shall be an unlawful practice for any
person, whether or not acting for monetary gain, directly or indirectly to
engage in the practice of "blockbusting" or "steering", including, but not
limited to, the committing of any one or more of the following acts:

(1) To promote, induce, influence, or attempt to promote, induce
or influence a transaction in real property through any
representation, means or device whatsoever calculated to induce a
person to discriminate or to engage in such transaction wholly or
partially in response to discrimination, prejudice, fear or unrest
adduced by such means, device or representation.

(2) To place a sign or display any other device either purporting to
offer or tending to lead to the belief that an offer is being made for a
transaction in real property that is not in fact available or offered for
transaction, or which purports that any transaction in real property
has occurred that in fact has not.

(3) To represent that a change has occurred, will occur or may
occur with respect to the composition of the owners or occupants in
any block, neighborhood or area in which real property, which is the
subject of a real estate transaction, is located if such representation
is based on discrimination.

(4) To represent that a change with respect to the composition of
the owners or occupants in any block, neighborhood or area will
result in a lowering of property values, in an increase in criminal or
anti-social behavior, or in a decline in the quality of schools in such
block, neighborhood or area if such representation is based on
discrimination.

(c) Signs, notices, publications. It shall be an unlawful practice for
any person to do any of the following acts for a reason wholly or
partially based on discrimination:

(1) To post or erect or cause or permit any person to post or
erect any sign or notice upon any real property, managed by or in
the custody, care or control of such person, indicating an intent to
sell or lease any real property in a manner that is unlawful under this
article.

(2) To publish or circulate, or cause or permit any person to
publish or circulate, a statement, advertisement or notice of an
intention to sell or lease any real property in a manner that is
unlawful under this article.

(d) Exceptions:

(1) Nothing in this article shall require the owner to offer real
property to the public at large before selling, exchanging or leasing
it, provided that the owner complies with all other provisions of this
article.

(2) Nothing in this article shall be construed to apply to the rental
or leasing of housing accommodations in that portion of a building in
which the owner, or members of his or her family, occupy one of the
living units and in which the owner-occupant anticipates the
necessity of sharing a kitchen or bathroom with a prospective
tenant, not related to the owner-occupant.

(3) The provisions of this article shall not be so construed as to
prohibit a person from inquiring into and reporting upon the
qualifications of any prospective buyer or tenant with respect to
limitations or exclusions other than those based on discrimination.

(4) Nothing in this article is intended to prohibit any person from
giving preference in renting or leasing housing, or any part thereof, to
elderly and/or disabled persons, or both to elderly and to disabled
when the building is either constructed or remodeled to make
provision for the needs of elderly and/or disabled. Evidence of such
provision includes but is not limited to, ramps; doorway provisions;
bathroom equipment, such as shower seats; grab bars; hardware,
such as door levers in place of doorknobs, adaptable kitchen
appliances, and/or other services meeting the needs of its residents.

(Ord. No. 7879-92, § 1, (13-16), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Secs. 12-65--12-80. Reserved.

DIVISION 3. COMPLAINT PROCEDURES, INVESTIGATION
AND MEDIATION

Sec. 12-81. Filing of complaints.

(a) Any individual who believes that he or she has been aggrieved by
a violation of the provisions of this article may file a complaint with the
commission or officer.

(b) The officer may, in lieu of an individual complainant filing a written
statement, on his or her initiative, file and process a written statement
of alleged discrimination.

(c) The complainant shall make a written statement that an unlawful
practice has been committed, setting forth the facts upon which the
complaint is based, and setting forth facts sufficient to enable the
officer to identify the respondent. Such written statement shall be
referred to herein as a "complaint."

(d) All complaints shall be filed within ninety (90) days of the
occurrence of the alleged violation, or ninety (90) days after the
discovery thereof, but in no event shall a complaint be filed more than
one (1) year after the occurrence of the violation.

(e) Complaints filed may be voluntarily withdrawn at the request of
the complainant at any time prior to the completion of the public
hearing specified in section 12-84(b). The circumstances
accompanying such withdrawal may be fully investigated by the officer
or the commission.

(f) The officer may investigate individual instances and patterns of
conduct which the commission or officer feels are in violation of the
provisions of this article, and may file complaints in connection
therewith.

(Ord. No. 7879-92, § 1(17), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-82. Notice and response to complaint, preliminary
investigation, initial determination.

(a) The officer or his/her designee shall promptly investigate
allegations of discrimination set forth in any complaint and shall furnish
the respondent with a copy of said complaint at the commencement of
any such investigation.

(1) The respondent shall file a verified response to the allegations
set forth in the complaint. All allegations contained in the complaint
not timely denied by the respondent shall be deemed admitted,
unless the respondent states that it is without sufficient information
to form a belief with respect to such allegation. The officer shall
issue a notice of default directed to any respondent who fails to file
a verified response to a charge within ninety (90) days of the date on
which the charge was filed, unless the respondent can demonstrate
good cause as to why such notice should not be issued.

(2) The respondent shall, at the request of the officer, permit the
officer to inspect and copy such records as may be relevant to the
investigation. Should the respondent refuse to permit such
inspection and copying, the commission may issue a subpoena for
such records.

(b) An initial determination in writing shall be made by the
investigator, stating whether or not there is probable cause to believe
that this article has been violated, and on what facts such
determination is based.

(c) If the officer finds, with respect to any respondent, that the
commission lacks jurisdiction or that probable cause does not exist,
the officer shall issue and cause to be served on the appropriate parties
an order dismissing the allegations of the complaint.

(Ord. No. 7879-92, § 1(18), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-83. Informal conciliation; follow-up proceedings;
confidentiality.

(a) In case the investigator determines initially that there is probable
cause, an attempt shall be made to eliminate the alleged
discriminatory practice by informal methods of conference, conciliation
and persuasion.

(b) If the respondent and complainant agree to a conciliation
agreement, such agreement shall be reported to the commission and
the commission shall issue an order stating the terms of the agreement
and furnish a copy of the order to the complainant and respondent.

(c) At any time within one year from the date of a conciliation
agreement, the commission, or the officer at the request of the
commission, shall investigate whether the terms of the agreement are
being complied with by the respondent. Upon finding that the terms of
the agreement are not being complied with by the respondent, the
commission shall certify the matter to the city attorney for enforcement
proceedings.

(d) Except for the terms of the conciliation agreement, neither the
commission, the officer, nor any officer or employee thereof shall make
public, without the written consent of the involved parties, information
concerning the case.

(e) Nothing in this article shall be so construed as to contravene, or
attempt to contravene, the provisions or intent of the Illinois Open
Meeting Law.

(Ord. No. 7879-92, § 1(19), 4-24-79)

Sec. 12-84. Public hearing.

(a) Notice of hearing. In case of failure of conciliation efforts, or in
advance of such efforts, as determined by the officer, and after finding
probable cause and after consulting and coordinating with the office of
the city attorney, the officer shall cause to be issued and served in the
name of the commission, a written notice of the time, date and place of
hearing, together with a copy of the complaint, as the same may have
been amended, requiring the respondent to answer the charges of such
complaint at a public hearing; such hearing to be scheduled not less
than thirty (30) days nor more than ninety (90) days after such service.
Notice shall be served by registered or certified mail, return receipt
requested, or by personal service.

(b) Conduct of hearing.

(1) After a complaint has been noticed for hearing, the
commission shall conduct said hearing to make a determination
concerning the complaint. The chair of the commission shall appoint
a hearing officer, and the hearing officer shall rule on motions and all
other matters and conduct the hearing according to rules as
adopted by the commission. The city shall be responsible for paying
the costs of such hearing officer provided that the city attorney has
approved the form of the retention agreement form.

(2) The office of the city attorney or the officer shall present the
city's case before the commission. Efforts at conciliation and
reconciliation shall not be received into evidence.

(3) If the respondent fails to appear at the hearing after having
been served with notice, the commission shall proceed with the
hearing on the basis of the evidence in support of the complaint.

(4) The respondent may appear at the hearing with or without
representation, may examine and cross-examine the witnesses and
the complainant, and may offer evidence.

(5) At the conclusion of any hearing, the commission shall render
a decision as to whether or not the respondent has engaged in an
unlawful practice or has otherwise violated the provisions of this
article. No such decision by the commission shall be by a vote of
less than a majority of its duly authorized members. If it is
determined that a respondent has not engaged in an unlawful
practice, the commission shall issue, and cause to be served on the
respondent and the complainant, a decision and order dismissing
the case. If it is determined that a respondent has engaged in an
unlawful practice, the commission shall issue, and cause to be
served on such respondent, a decision and order, accompanied by
findings of fact and conclusions of law, requiring such respondent to
cease and desist from such unlawful practice, and to take such
action as in the judgement of the commission will carry out the
purposes of this article. Such action may include, but shall not be
limited to, the following acts on behalf of the complainant and other
aggrieved individuals: Hiring, reinstating or upgrading, with or without
back pay; restoring membership in any respondent labor
organization, admitting to or allowing to participate in a program,
apprenticeship training program, on-the-job training program or other
occupational training or retraining program; the extension of full,
equal and unsegregated accommodations, advantages, facilities and
privileges; payment of compensatory damages; extending credit,
referring for employment, selling, exchanging or leasing real
property, or providing housing accommodations.

(6) Nothing in this article shall be construed as to permit back
pay and/or compensatory damages to equal more than the actual
monetary losses or costs incurred by the complainant(s) as a result
of the discrimination by the respondent(s).

(Ord. No. 7879-92, § 1(20, 21), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Secs. 12-85--12-100. Reserved.

DIVISION 4. ADMINISTRATION AND ENFORCEMENT

Sec. 12-101. Fines.

Any person found in violation of any provision of this article by the
commission, or in subsequent judicial proceedings in a court of law, shall be
fined not more than five hundred dollars ($500.00) for each violation.

(Ord. No. 7879-92, § 1(22), 4-24-79)

Sec. 12-102. Judicial review.

Any person suffering a legal wrong, or adversely affected or aggrieved by an
order or decision of the commission in a matter, pursuant to the provisions
of this article, is entitled to a judicial review thereof, upon filing a written
petition for such a review with the circuit court of the Sixth Judicial Circuit or
any court of competent jurisdiction.

(Ord. No. 7879-92, § 1(23), 4-24-79)

Sec. 12-103. Enforcement powers of commission; institution of civil
proceedings.

(a) The chair of the commission, or the acting chair in the absence
of the chair, shall issue subpoenas at the instance of the commission
or the investigator, or at the instance of a respondent or complainant to
the proceedings, whenever necessary to compel the attendance of a
witness or to require the production for examination of any books,
payrolls, records, correspondence, documents, papers or other
evidence in any investigation or hearing of a discrimination complaint.

(b) If the commission determines that the respondent(s) have not,
after thirty (30) calendar days following service of its order, corrected
the unlawful practice and complied with this article, the commission
shall certify the matter to the city attorney for enforcement
proceedings.

(c) The city attorney shall institute, in the name of the City of
Urbana, civil proceedings, including the seeking of such restraining
orders and temporary or permanent injunctions, as are necessary to
obtain complete compliance with the commission's orders.

(Ord. No. 7879-92, § 1(24), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-104. Compliance with article provisions.

(a) It shall be an unlawful practice for any person to refuse to hire, to
discharge, to evict from housing or commercial space, to refuse to
negotiate for, sell, exchange or lease any real property or to include
terms or conditions for such property, to harass, intimidate or in any
other way retaliate or discriminate against, or interfere with any
individual because he/she has made a complaint, testified or assisted
in any proceeding under this article, whether on his/her own behalf or
for another individual, or because he or she has told, objected to, or
commented upon any policy, rule, action, or barrier to that which he or
she in good faith believes violates this article.

(b) It shall be an unlawful practice for any person to aid, abet,
compel or coerce another person to commit an act which is unlawful
under the provisions of this article, or to attempt to do so.

(Ord. No. 7879-92, § 1(25), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-105. Exceptions.

(a) Any practice or act of discrimination which would otherwise be
prohibited by this article shall not be deemed unlawful if it can be
established that such practice or act can be justified on the basis of
being reasonably necessary to the normal operation of the business or
enterprise. However, a "business necessity" exception shall not be
justified by the factors of increased cost to business, business
efficiency, the comparative or stereotypical characteristics of one group
as opposed to another or the preferences of co-workers, employers'
customers or any other person.

(b) Nothing contained in the provisions of this article shall be
construed to bar any religious or political organization from giving
preference to persons of the same political or religious persuasion in
the conducting of the said organizations' activities.

(c) Nothing contained in the provisions of this article shall be
considered to be discriminatory on the basis of age if the act occurs
with respect to a person under the age of eighteen (18).

(d) The provisions of this article shall not apply to other units of
government, including the Federal government or any of its agencies,
the State of Illinois and any other political subdivision, municipal
corporation or their agencies.

(Ord. No. 7879-92, § 1(26), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Sec. 12-106. Severability of provisions.

If any provision or part thereof of this article, or application thereof to any
person or circumstance, is held invalid, the remainder of the article and the
application of the provision, or part thereof, to other persons not similarly
situated or to other circumstances shall not be affected thereby.

(Ord. No. 7879-92, § 1(27), 4-24-79)

Sec. 12-107. Posting of notice.

Every person subject to this article shall post and keep in a conspicuous
location, where business or activity is customarily conducted or negotiated,
a notice provided by the City of Urbana, whose form and language shall have
been prepared by the officer setting forth excerpts from, or summaries of,
the pertinent provisions of this article and information pertinent to the filing of
a complaint.

(Ord. No. 7879-92, § 1(28), 4-24-79)

Sec. 12-108. Records and reports.

When a complaint has been filed against a person pursuant to this article,
the respondent shall preserve all records which may be relevant to the
charge or action until a final disposition of the charge. Such records shall
include, but not be limited to, application forms submitted by applicants,
sales and rental records, credit and reference reports, personnel records,
and any other records pertaining to the status of an individual's enjoyment of
the rights and privileges protected or granted under this article.

(Ord. No. 7879-92, § 1(29), 4-24-79; Ord. No. 9798-49, § 1, 10-6-97)

Secs. 12-109--12-117. Reserved.

ARTICLE IV. RESERVED*

__________
*Editor's note--Section 2 of Ord. No. 7879-92, enacted April 24, 1979,
repealed in its entirety Ch. 15A of the 1975 Code from which former Art. IV
was derived. Said article pertained to fair housing and the fair housing board,
which provisions were designated as §§ 12-118--12-121, 12-129--12-136,
12-158--12-166, 12-174 and 12-175, of this Code.

Section 1 of said Ord. No. 7879-92 enacted comprehensive provisions
pertaining to discrimination, codified herein as § 12-37 et seq.