Proposed Ordinance No. 15-0-24 KD V9 = sra2asan m8 TretHonorable, Cayo Elkhart, Indiana Office of the Mayor Dick MooreMay 30, 2015 the city with a heart 229 8. Second St. Mor ert Thana Elkhart City Council S16 City of Elichart 229 South Second Street Elkhart, IN 46516 RE: Proposed Amendments to the Elkhart Human Relations Ordinance Addressing Sexual Orientation and Gender Identity in Elkhart, Indiana Dear Council Members, We aré pleased to introduce for your consideration the attached amended Human Relations Ordinance (“Ordinance”), It will amend various sections of Ordinance No. 4235. With the recent passage of the State Legislature’s RFRA, we want it to be clear to Hoosiers and all Americans that Elkhart is open for everyone. To that end, certain changes must be made to the City's Human Relations Ordinance to make sure everyone, has the chance to lead a healthy, happy life in Elkhart, free of discrimination. The Ordinance should thus be amended to prohibit discrimination based on sexual orientation or gender identity, and to provide remedies for such discrimination occurring within the city limits. The Common Council now has the opportunity with this amendment to promote fair treatment and equality in Elkhart, which in tum promotes a climate essential to sttracting innovative businesses and jobs to our community. We don’t want the State’s recent decisions to hamper our economy by sending discriminatory messages to those wanting to visit, live and do business in our great city. ‘The time is now to join other cities in Indiana and nationwide in protecting our GLBT citizens from discrimination. Thank you for your consideration. Sincerely (deb i __ ick Moork, Mayor \Proposed Ordinance No. 15-0-24 ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS OF ORDINANCE NO. 4235, BY INCLUDING NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION WHEREAS, the Common Council of the City of Elkhart, Indiana (‘Common Council”) adopted Ordinance No. 3333 on September 14, 1981, establishing the Elkhart Civil Rights Agency and prescribing its powers and duties; WHEREAS, the Common Council adopted Ordinance No. 4235 on January 8, 1996, amending Ordinance No. 3333 to comply with the Federal Civil Rights ‘Act of 1991 and the Indiana Civil Rights Act in effect as of July 1, 1994; WHEREAS, the Common Council adopted Ordinance No. 4962 on April 17, 2006, amending Ordinance No. 4235 to reduce the size of the Elkhart Human Relations Commission (*Commission”) from nine (9) members to five (5) members, and to update and clarify certain provisions within the Ordinance; and WHEREAS, the Common Council desires to amend Ordinance No. 4962 to prohibit discrimination based on sexual orientation and gender identity, and to provide remedies for such discrimination occurring within the city limits. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF ELKHART, INDIANA, that: Section 1, Subsections 1(a) and (b) of Ordinance No. 4235 (§35.01(A) and (B) of the Elkhart Municipal Code) are hereby deleted in their entirety and replaced with the following terms, phrases and figures:“a, Itis the public policy of the city to provide all of its citizens equal, ‘opportunity for education, employment, access to public conveniences and accommodations and acquisition through purchase or rental of real property including but not limited to housing, and to eliminate segregation or separation based solely on race, religion, color, sex, national origin, ancestry, er disability, sexual orientation, or gender identity, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property are hereby declared to be civil rights and rights to be protected by the city by the means provided in this Ordinance and the Fair Housing Ordinance. b. The practice of denying these rights to properly qualified persons by reason of the race, religion, color, sex, national origin, ancestry, oF disability, sexual orientation, or gender identity, of such person is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the public policy of this city and shall be considered as discriminatory practices. The promotion of equal ‘opportunity without regard to race, religion, color, sex, national origin, ancestry, oF disability, sexual orientation, or gender identity, through reasonable methods is the purpose of this Ordinance.” Section 2. Subsection 2(k) of Ordinance No. 4235 (§35.02 of the Elkhart Municipal Code) is hereby deleted in its entirety and replaced with the following 2terms, phrases and figures: *k. The term “Discriminatory practice’ means the exclusion of a person from equal opportunities because of race, religion, color, sex, disability, national origin, of ancestry, sexual orientation, or gender identity; or a system that excludes persons from equal opportunities because of race, religion, color, sex, disability, national origin, of ancestry, sexual orientation, or gender identity; or the promotion of racial segregation or separation in any manner. Every discriminatory practice relating to education, public accommodations or employment shall be considered unlawful under this Ordinance unless specifically exempted by this Ordinance or State law. A “discriminatory practice” shall also include the coercion, intimidation, threats or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by this Ordinance.” Section 3. Section 2 of Ordinance No. 4235 (§35.02 of the Elkhart Municipal Code) is hereby amended to include the following definitions: “The term “Gender Identity" means an individual having or bein perceived as having a gender-related self-identity, self-image, appearance, expr of behavior different from those characteristics traditionally associated with the individual's assigned sex at birth.The term “Sexual Orientation” means an individual's actual ot perceived identity or practice as a lesbian woman, gay man, or bisexual person or heterosexual erson.” Section 4. Section 3.4 of Ordinance no. 4235 (§35.19 of the Elkhart Municipal Code) is hereby amended to include the following new subsection: “c.___ Protections in this Ordinance against discriminatory practices with regard to sexual orientation or gender identity shall not apply to decisions of an employer that is a religious society or order, association, organization, institution or related entity when such protections affect the definition, advancement of the mission(s), practice(s), or belief(s) of such religious society or order, association, organization, institution or any related entity charged with the implementation of such decision or decisions, and no requirement of this Ordinance shall compe! any person to act in a manner contrary to that which has been granted specific protection by state or federal law.” Section 5. Subsection 5(f) of Ordinance No. 4235 (§35.36(F) of the Elkhart Municipal Code) is hereby amended as follows: “f, Issue such publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, age, disability, national origin, et ancestry, sexual orientation or gender identity,Section 6. In all other respects, Ordinance No. 4235 as originally enacted shall remain in effect. ‘Section 7. This Ordinance shall be in effect from and after its passage by the Common Council, its approval by the Mayor, and the fulfillment of all statutory requirements. ORDAINED this day of ——______ 2015. Brian Thomas ATTEST: President of the Common Council Sue M. Beadle, City Clerk PRESENTED to the Mayor by me this _dayof _, 2015. Sue M. Beadle, City Clerk APPROVED by me this day » 2015. ATTEST: Dick Moore, Mayor Sue M. Beadle, City Clerk