Code of Ordinances Amendment Chapter 27 Sexual Orientation
TIIE CITY OF
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Human Rights Department
City Hall Annex
1300 Main Street
Dubuque, Iowa 52001-4732
(563) 589-4190 office
(563) 589-4299 fax
(563) 589-4193 TDD
humanrgt@cityofdubuque.org
www.cityofdubuque.org
~Yk-~
January 23, 2006
Hon. Mayor and City Council Members
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
Dear Mayor and City Council:
Chapter 27 of the Dubuque Code of Ordinances establishes the legal standards under
which an individual who is discriminated against may pursue a complaint. A person cannot
file a complaint with the Human Rights Department for investigation unless they have been
discriminated against on the basis of a specific characteristic listed in the ordinance.
Currently, the civil rights laws that exist on a local, state, and national level do not make it
illegal to discriminate against someone in Dubuque because of their sexual orientation,
whether that orientation is heterosexual or homosexual.
Since August of 2003, the Human Rights Commission has been working to educate the
community on human rights issues related to sexual orientation, with the ultimate goal of
adding sexual orientation to the human relations ordinance. On February 7,2005, the
Commission recommended that the ordinance be amended to include sexual orientation,
but the proposed changes were not enacted at that time. At its regularly scheduled meeting
on January 9, 2006, the Commission unanimously voted to re-submit to the City Council the
recommendation to add sexual orientation to the ordinance, and to include an exemption for
religious educational institutions in employment. Corporation Counsel Barry Lindahl
reviewed the proposed changes prior to the submission of the ordinance to the City Council
last February, and the attached document is identical to the ordinance submitted last year.
The Human Rights Commission of the City of Dubuque respectfully submits its
recommendation to amend Chapter 27 of the current city ordinance. Your consideration of
this recommendation as an action item at the February 6, 2006, City Council meeting is
requested.
The ordinance, if enacted, would provide people with legal recourse if they are denied
housing, employment, credit, education or service at a public accommodation because of
their sexual orientation.
.
91ncerely,
,. ~~.
" r' ~'.L j ",I ' .I' /
'. ...............:----:7. .' ...V
Judy HaJey Giesen, Chair
Dubuque Human Rights Commission
!
Service
People
Integrity
Responsibility
Innovation
Teamwork
ORDINANCE NO. 8-06
AMENDING CHAPTER 27, HUMAN RELATIONS, OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY ADDING TWO NEW PARAGRAPHS TO SECTION 27-1
DEFINING "SEXUAL ORIENTATION" AND DEFINING "RELIGIOUS EDUCATIONAL
INSTITUTION," AND AMENDING SECTIONS 27-51(2), 27-61(1)-(2), 27-71(1)-(3), 27-
72, 27-91(1)-(3), 27-101, 27-131(1)-(5), 27-132(c), 27-133(a), (c), 27-134, AND 27-
145(1)-(3) PROHIBITING DISCRIMINATION BASED ON "SEXUAL ORIENTATION."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Sec. 27-1 of the Dubuque Code of Ordinances is hereby
amended by adding the following definitions:
Sec. 27-1. Definitions:
Religious Educational Institution: any preschool, elementary,
secondary, or postsecondary college or university which is operated,
supervised, controlled or sustained primarily by a religious
organization.
Sexual Orientation: a person's actual, history of, or perceived
heterosexuality, homosexuality, or bisexuality, but not including
participation in conduct that is prohibited by law.
Section 2. Sec. 27-51(2) of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 27-51. Aiding Or Abetting:
It shall be an unfair or discriminatory practice for:
(2) Any person to discriminate against another person in any
of the rights protected against discrimination on the basis of race,
creed, color, sex, national origin, familial status, religion, age,
disability, marital status or sexual orientation by this Article because
such person has lawfully opposed any practice forbidden under this
Article, obeys the provisions of this Article, or has filed a complaint,
testified or assisted in any proceeding under this Chapter.
Section 3. Sec. 27-61 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-61. Prohibited Practices:
It shall be an unfair or discriminatory practice for any owner,
lessee, sublessee, proprietor, manager, or superintendent of any
public accommodation or any agent or employee thereof:
(1) To refuse or deny to any person because of race, creed,
color, sex, age, national origin, religion or sexual orientation the
accommodations, advantages, facilities, services, or privileges
thereof, or otherwise to discriminate against any person because of
race, creed, color, sex, age, national origin, religion, or sexual
orientation in the furnishing of such accommodations,
advantages/facilities, services or privileges.
(2) To directly or indirectly advertise or in any other manner
indicate or publicize that the patronage of persons of any particular
race, creed, color, sex, age, national origin, religion or sexual
orientation is unwelcome, objectionable, not acceptable, or not
solicited.
Section 4. Sec. 27-71 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-71. Prohibited Practices:
It shall be an unfair or discriminatory practice for any:
(1) Person to refuse to hire, accept, register, classify, or refer
for employment, to discharge any employee, or to otherwise
discriminate in employment against any applicant for employment or
any employee because of the race, creed, color, sex, age, national
origin, religion or sexual orientation of such applicant or employee,
unless based upon the nature of the occupation.
(2) Labor organizations or the employees, agents, or members
thereof to refuse to admit to membership any applicant, to expel any
member, or to otherwise discriminate against any applicant for
membership or any member in the privileges, rights, or benefits of
such membership because of the race, creed, color, sex, age,
national origin religion or sexual orientation of such applicant or
member.
(3) Employer, employment agency, labor organization, or the
employees, agents, or members thereof, to directly or indirectly
advertise or in any other manner indicate or publicize that
individuals of any particular race, creed, color, sex, age, national
origin, religion or sexual orientation are unwelcome, objectionable,
not acceptable, or not solicited for employment or membership,
unless based upon the nature of the occupation.
Section 5. Sec. 27-72 of the City of Dubuque Code of Ordinances is hereby
amended by adding the following:
Sec. 27-72. Exemptions From Division:
The prohibition by this division of discrimination based on sexual
orientation shall not apply to any bona fide religious educational
institution with respect to any qualifications for employment by such
institution.
Section 6. Sec. 27-91 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-91. Prohibited Practices; Exception:
It shall be an unfair or discriminatory practice for any:
(1) Creditor to refuse to enter into a consumer credit
transaction or impose finance charges or other terms or conditions
more onerous than those regularly extended by that creditor to
consumers of similar economic backgrounds and current situations
because of age, color, creed, national origin, race, religion, marital
status, sex, physical disability or sexual orientation.
(2) Person authorized or licensed to do business in this State
pursuant to chapters 524, 533, 534, 536 or 536A of the Code of Iowa
to refuse to loan or extend to persons of similar economic
backgrounds because of age, color, creed, national origin, race,
religion, marital status, sex, physical disability or sexual orientation.
(3) Creditor to refuse to offer credit life or health and accident
insurance because of color, creed, national origin, race, religion,
marital status, age, physical disability, sex or sexual orientation.
Refusal by a creditor to offer credit life or health and accident
insurance based upon the age or physical disability of the consumer
shall not be an unfair or discriminatory practice if such denial is
based solely upon bona fide underwriting considerations not
prohibited by the State Code of Iowa or United States Code.
Section 7. Sec. 27-101 of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 27-101. Prohibited Practices; Exceptions:
It is an unfair or discriminatory practice for any educational
institution to discriminate on the basis of race, creed, color, sex,
national origin, religion, disability or sexual orientation in any
program or activity. Such discriminatory practices shall include but
not be limited to the following practices:
(1) Exclusion of a person or persons from participation in,
denial of the benefits of, or subject to discrimination in any
academic, research, occupational training, or other program or
activity except athletic programs;
(2) Denial of comparable opportunity in intramural and
interscholastic athletic programs;
(3) Discrimination among persons in employment and the
conditions of employment;
(4) On the basis of sex, the application of any rule concerning
the actual or potential parental, family or marital status of a person,
or the exclusion of any person from any program or activity or
employment because of pregnancy or related conditions dependent
upon the physician's diagnosis and certification.
For the purposes of this Section, educational institution
includes any preschool, elementary, secondary, or merged area
school, area education agency, postsecondary college or university
and their governing boards. This Section does not prohibit an
educational institution from maintaining separate toilet facilities,
locker rooms or living facilities for the different sexes so long as
comparable facilities are provided. Nothing in the Section shall be
construed as prohibiting any bona fide religious institution from
imposing qualifications based on religion when such qualifications
are related to a bona fide religious purpose or any institution from
admitting students of only one sex.
Section 8. Sec. 27-131 of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 27-131. Prohibitions.
It shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny, a dwelling to any person because of race,
color, religion, sex, familial status, national origin, creed, age,
disability or sexual orientation.
(2) To discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in the
provisions of services or facilities in connection therewith, because
of race, color, religion, sex, familial status, national origin, creed,
age, disability or sexual orientation.
(3) To make, print or publish, or cause to be made, printed or
published any notice, statement or advertisement, with respect to the
sale or rental of a dwelling that indicates any preference, limitation,
or discrimination based on race, color, religion, sex, familial status,
national origin, creed, age disability or sexual orientation, or an
intentional to make any such preference, limitation or discrimination.
(4) To represent to any person because of race, color, religion,
sex, familial status, national origin, creed, age, disability or sexual
orientation that any dwelling is not available for inspection, sale or
rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or disabled
persons of a particular race, color, religion, sex, familial status,
national origin, creed, age, disability or sexual orientation.
Section 9. Sec. 27-132(c) of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 27-132. Exemptions.
(c) Nothing in this article shall prohibit a religious
organization, association, or society or any nonprofit institution or
organization operated, supervised or controlled by or in conjunction
with a religious organization, association or society, from limiting the
sale, rental or occupancy of dwellings which it owns or operates for
other than a commercial purpose to persons of the same religion, or
from giving preference to such persons, unless membership in such
religion is restricted on account of race, color, sex, familial status,
national origin, creed, age, disability or sexual orientation. Nor shall
anything in this article prohibit a private club not in fact open to the
public, which as an incident to its primary purpose or purposes
provides lodging which it owns or operates for other occupancy of
such lodging to its members or from giving preference to its
members.
Section 10. Sec. 27-133 of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 27-133. Discrimination in residential real estate-related transactions.
(a) In general: It shall be unlawful for any person or other
entity whose business includes engaging in residential real estate-
related transactions to discriminate against any person in making
available such a transaction, or in the terms or conditions of such a
transaction, because of race, color, religion, sex, familial status,
national origin, creed, age, disability or sexual orientation.
(c) Appraisal exemption: Nothing in this article prohibits a
person engaged in the business of furnishing appraisals of real
property to take into consideration factors other than race, color,
religion, sex, familial status, national origin, creed, age, disability or
sexual orientation.
Section 11. Sec. 27-134 of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 27-134. Discrimination in provision of brokerage services.
It shall be unlawful to deny to any person access to or membership
or participation in any multiple listing services, real estate brokers'
organization or other service, organization or facility relating to the
business of selling or renting dwellings, or to discriminate against
such person in the terms or conditions of such access, membership
or participation, on account of race, color, religion, sex, familial
status, national origin, creed, age, disability or sexual orientation.
Section 12. Sec. 27-145 of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 27-145. Violations; Bodily Injury; Death; Penalties:
Whoever whether or not acting under color of law, by force or
threat of force willfully injures, intimidates or interferes with, or
attempts to injure, intimidate or interfere with:
,
(1) Any person because of such person's race, color, religion,
sex, familial status, national origin, creed, age, disability or sexual
orientation and because such person is or has been selling,
purchasing, renting, financing, occupying, or contracting or
negotiating for the sale, purchase, rental, financing, or occupation of
any dwelling, or applying for or participating in any service,
organization or facility relating to the business of selling or renting
dwellings; or
(2) Any person because such person is or has been, or in
order to intimidate such person or any other person or any class of
persons from:
(a) participating, without discrimination on account
of race, color, religion, sex, familial status, national
origin, creed, age, disability or sexual orientation)n
the activities, services, organizations or facilities
described in subsection (a) of this Section; or . . .
(3) Any citizen because such person is or has been, or in
order to discourage such citizen or any other citizen from lawfully
aiding or encouraging other persons to participate, without
discrimination on account of race, color, religion, sex, familial status,
national origin, creed, age, disability or sexual orientation in any of
the activities, services, organizations or facilities described in
subsection (a) of this Section, or participating lawfully in speech or
peaceful assembly opposing any denial of the opportunity to so
participate shall be referred to the County Attorney's office for
prosecution.
Section 13. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 6th day of February, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
F:\USERS\
, .
STATE OF lOW A
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
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actlces: Exception;
t shall be an unfair or dig.
iminatory practice for any:
(1) Creditor to refuse to
Iter into a consumer credit
l.nsaction or impose ti.
mce charges or other
rms or conditions more
lerous than those regu-
'Iy extended by that cred-
l( to consumers of similar
IOnomic backgrounds and
Jrrent situations because
age, color, creed, na-
mal origin, race, religion,
arital status, sex, physj.
II disability or sexual on-
Itation.
(2) Person authorized or
lensed to do business in
Is State pursuant to chap-
fs 524, 533, 534, 536 or
'SA of the Code of Iowa
I refuse to loan or extend
I persons of similar eco-
3mic backgrounds be-
luse of age, color, creed,
dional origin, race, reli-
on, marital status, sex,
~ysical disability or sexu-
orientation.
(3) Creditor to refuse to
fer credit life or health and
x;ident insurance be.
lUse of coior, creed, na.
)nal origin, race, religion,
larital status, age, physi-
II disability, sex or sexual
1entation. Refusal by a
'editor to offer credit iife
. health and accident in.
Jrance based upon the
~ or physical disability of
Ie consumer shall not be
'l unfair or discriminatory
ractice if such denial is
ased solely upon bona
je underwriting consider-
tlons not prohibited by
Ie State Code of Iowa dr
nlted States Code.
Section 7. Sec. 27.101 of
Ie City of Dubuque Code
f Ordinances is hereby
Tlended to read as follows:
Sec. 27-101. Prohibited
ractices; Exceptions:
It is an unfair or discrimi-
atory practice for any ed.
cational institution to dis.
riminate on the basis of
~-' creed, color, sex, na.
~I origin, religion, disa-
IIty or sexual orientation
any program or activity.
ch discriminatory practi.
~,shalf include but not
limited to the following
actices:
1) Exclusion of a person or
rsons from participation
, denial of the bene'lits of,
subject to discrimination
any academic, research,
~upational training" or
her program or activity
~~pt athletic programs;
(2) Denial of comparable
~~rtunity in intramural
d interscholastic athletic
i':!Jl'!'ms;
1(3, Discriminatior. among
nosis and certification.
For the purposes of this
Section, educational institu.
tion includes any preschool,
elementary, secondary, or
merged area school, area
education agency, post.
secondary college Qr uni-
versity and their governing
boards. This Section does
not prohibit an educational
institution from maintaining
separate toilet facilities,
locker rooms or living fa.
cilities for the different sex-
es so long as comparable
facilities are provided. Noth.
ing in the Section shall be
construed as prohibiting
any bona fide religious in.
stitution from imposing
qualifications based on re.
Iigion when such qualifica-
tions are related to a bona
fide religious purpose or any
institution from admitting
students of only one sex.
Section B. Sec. 27-131 of
the City of Dubuque Code
of Ordinances is hereby
amended to read as follows:
Sec. 27.131. Prohibitions.
It shall be unlawful:
(1) To refuse to sell or rent
after the making of a bona
fide offer, or to refuse to
negotiate for the sale or
rentai of, or otherwise make
unavailable or deny, a dwell-
Ing to any person because
of race, color, religion, sex,
familial status, national ori-
gin, creed, age, disability
or sexual orientation.
(2) To discriminate against
any person in the terms,
bonditlons, or privileges of
sale or rental of a dwelling,
or in the provisions of serv.
ices or facilities in connec-
tion therewith, because of
race, color, religion, sex,
familial status, national ori-
gin, creed, age, disability
or sexual orientation.
(3) To make, print or pub.
lish, or cause to be made,
printed or published any
notice, statement or adver.
tisement, with respect to
the sale or rental of a
dwelling that indicates any
preference, limitation, or
discrimination based on
race, color, religion, sex,
familial status, national ori-
gin, creed, age, disability
or sexual orientation, or an
intentional to make any
such preference, limitation
or discrimination.
(4) To represent to any per.
son because of race, color,
religion, sex, familial sta-
tus, national origin, creed,
age, disability or sexual
orientation that any dwell-
ing Is not available for in-
spection, sale or rental
when such dwelling is in
fact so available.
(5) For profit, to induce fN
the City of DUbuque Code
of Ordinances is hereby
amended to read as follows:
Sec. 27-145. Violations;
Bodily injury; Death; Pen-
alties:
Whoever whether or not
acting under color of law,
by force or threat of force
willfully injures, intimidates
or interferes with, or at-
tempts to injure, intimidate
or interfere with:
(1) Any person because
of such person's race, color,
religion, sex, familial sta-
tus, national origin, creed,
age, disability or sexual
orientation and because
such person is or has been
selling, purchasing, rent-
ing, financing, occupying,
or contracting or negotiat~
1ng for the sale, purchase,
rental, financing, or occu-
pation of any dwelllnQ, or
applying for or particlpat~
ing in any service, organi-
zation or facility relating to
the business of selUng 0' I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., an Iowa
renting dwellings; or
(2) Any person because corporation, publisher of the Telegraph Herald,a newspaper of general circulation
such person is or has been, . . .
or In o,de, to intimidate published In the CIty of Dubuque, County of Dubuque and State ofIowa; hereby
such person 0' any othe, . h, h h h d' bl' h d . 'd .
persono,anyclassofpe,.CertJ.y t att eattac e notJcewaspu IS e Insal newspaperonthefoIlowIng
SO(~)~~~~IPatlng. without Idates: February 10,2006, and for which the charge is $109.59.
discrimination on account i
of race, color, religion, sex, '
familial status, national ori-
gin, creed, age, disability
or sexual orientation in the
activities, services, organi-
zations or facilities descri-
bed in subsection (a) oJ
this Section; or .
(3) Any citizen because
such person is or has been,
or in order to discourage
such citizen or any other
citizen from lawfully aiding
or encouraging other per-
sons to participate, with~
out diSCrimination on ac-
count of race, coior, reli-
gion, sex, familial status,
national origin, creed, age,
disability or sexual orienta-
tion in any of the activities,
services, organizations or
facilities described in sub.
section (a) of this Section,
or participating lawfully in
speech or peacefUl assem-
bly OPPOsing any denial of
the opportunity to so par-
ticipate shall be referred to
the County Attorney's of-
fice for prosecution.
Section 13. This Ordinance
shall take effect upon pub.
lication.
Passed, approved and
adopted this 6th day of
February, 2006.
Is! Roy D. Buol, Mayor
Attest:
Is! Jeanne F. Schneider,
CMC, City Clerk
Published otficiaily in the
Telegraph Herald Newspa-
per the 10th day of Febru.
ary,2006.
Is! Jeanne F. Schneider,
CMC, City Clerk
amended to read as follows
Sec. 27-132. Exemptions.
(c) Nothing in this article
shall prohibit a religious or-
ganization, association, or
society or any nonprofit in.
stitution or organization op.
erated, supervised or con-
trolled by or in conjunction
with a religious organization,
association or society, from
limiting the sale, rental or
occupancy of dwellings
which It owns or operates
for other than a com mer.
cial purpose to persons of
the same religion, or from
giving preference to such
persons, unless member-
ship in such religion is re.
stricted on account of race,
calor, sex, familial status,
national origin, creed, age,
disability or sexual orienta.
tion. Nor shall anything in
this article prohibit a pri.
vate club not in fact open
to the public, which as an
incident to its primary pur-
pose or purposes prOVides
lodging which it owns or
operates for other occu.
pancy of such lodging to
its members or from giving
preference to its members.
Section 10. Sec. 27-133 of
the City of Dubuque Code
of Ordinances is hereby
amended to read as follows:
Sec. 27-133. Discrimina-
tion in residential real
estate. related transactions.
(a) In general: It shall be
unlawful for any person or
other entity whose busi-
ness includes engaging in
residential real estate-
related transactions to dis-
criminate against any per-
son in making available such
a transaction, or In the terms
or conditions of such a
. transaction, because of
race, color, religion, sex,
familial status, national ori-
gin, creed, age, disability
or sexual orientation.
(c) Appraisal exemption:
Nothing in this article pro-
hibits a person engaQed in
the business of furnishing
appraisals of real property
to take into consideration
factors other than race,
color, religion, sex, familial
status, national origin,
creed, age, disability or sex.
ual orientation.
Se-.:;tion 11. Sec. 27.134 of
the City of Dubuque Code
of Ordinances is hereby
amended to read as follows:
Sec. 27-134. Discrimina.
tion in provision of broker-
age services.
It shall be unlawful to de.
ny to any person access to
or membership or partici-
pation in any multiple list.
ing services, real estate
112/10
STATE OF IOWA
DUBUQUE COUNTY
{ss:
CERTIFICATION OF PUBLICATION
~E)o~ E~~
0-
Subscribed to before m~ Public in and for Dubuque County, Iowa,
this /~ day of 'A(/' 20~.
%y~;t~(/,;)
Notary Public in and for Dubuque County, Iowa.
'. ';'~';.',
~~J?ir
tc~~,- .
MARY K. WESTERMEYER
Commtsslor. ~wmber 154885
My Comm, EX.D, FEB. 1, 2008
EFFECT OF ORDINANCE AMENDMENT
Section 1. Sec. 27-1 of the Dubuque Code of Ordinances is hereby amended by
adding the following definitions:
Sec. 27-1. Definitions:
Reliaious Educational Institution: any preschool. elementary.
secondary. or postsecondary colleae or university which is operated.
supervised. controlled or sustained primarilv bv a reliaious
oraanization.
Sexual Orientation: a person's actual. history of. or perceived
heterosexualitv. homosexualitv. or bisexualitv. but not includina
participation in conduct that is prohibited bv law.
Section 2. Sec. 27-51 (2) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 27-51. Aiding Or Abetting:
It shall be an unfair or discriminatory practice for:
(2) Any person to discriminate against another person in any of the
rights protected against discrimination on the basis of race, creed, color,
sex, national origin, familial status, religion, age, disability, OF marital
status or sexual orientation by this Article because such person has
lawfully opposed any practice forbidden under this Article, obeys the
provisions of this Article, or has filed a complaint, testified or assisted in
any proceeding under this Chapter.
Section 3. Sec. 27-61 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 27-61. Prohibited Practices:
It shall be an unfair or discriminatory practice for any owner, lessee,
sublessee, proprietor, manager, or superintendent of any public
accommodation or any agent or employee thereof:
(1) To refuse or deny to any person because of race, creed, color,
sex, age, national origin, OF religion or sexual orientation the
accommodations, advantages, facilities, services, or privileges thereof, or
otherwise to discriminate against any person because of race, creed,
color, sex, age, national origin, religion, or sexual orientation in the
furnishing of such accommodations, advantages/facilities, services or
privileges.
(2) To directly or indirectly advertise or in any other manner indicate
or publicize that the patronage of persons of any particular race, creed,
color, sex, age, national origin, OF religion or sexual orientation is
unwelcome, objectionable, not acceptable, or not solicited.
Section 4. Sec. 27-71 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 27-71. Prohibited Practices:
It shall be an unfair or discriminatory practice for any:
(1) Person to refuse to hire, accept, register, classify, or refer for
employment, to discharge any employee, or to otherwise discriminate in
employment against any applicant for employment or any employee
because of the race, creed, color, sex, age, national origin, OF religion or
sexual orientation of such applicant or employee, unless based upon the
nature of the occupation.
(2) Labor organizations or the employees, agents, or members
thereof to refuse to admit to membership any applicant, to expel any
member, or to otherwise discriminate against any applicant for
membership or any member in the privileges, rights, or benefits of such
membership because of the race, creed, color, sex, age, national origin OF
religion or sexual orientation of such applicant or member.
(3) Employer, employment agency, labor organization, or the
employees, agents, or members thereof, to directly or indirectly advertise
or in any other manner indicate or publicize that individuals of any
particular race, creed, color, sex, age, national origin, OF religion or sexual
orientation are unwelcome, objectionable, not acceptable, or not solicited
for employment or membership, unless based upon the nature of the
occupation.
Section 5. Sec. 27-72 of the City of Dubuque Code of Ordinances is hereby
amended by adding the following:
Sec. 27-72. Exemptions From Division:
The prohibition by this division of discrimination based on sexual
orientation shall not applY to any bona fide reliaious educational
institution with respect to any aualifications for employment by such
institution.
Section 6. Sec. 27-91 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 27-91. Prohibited Practices; Exception:
It shall be an unfair or discriminatory practice for any:
(1) Creditor to refuse to enter into a consumer credit transaction or
impose finance charges or other terms or conditions more onerous than
those regularly extended by that creditor to consumers of similar economic
backgrounds and current situations because of age, color, creed, national
origin, race, religion, marital status, sex, OF physical disability or sexual
orientation.
(2) Person authorized or licensed to do business in this State
pursuant to chapters 524, 533, 534, 536 or 536A of the Code of Iowa to
refuse to loan or extend to persons of similar economic backgrounds
because of age, color, creed, national origin, race, religion, marital status,
sex, OF physical disability or sexual orientation.
(3) Creditor to refuse to offer credit life or health and accident
insurance because of color, creed, national origin, race, religion, marital
status, age, physical disability, OF sex or sexual orientation. Refusal by
a creditor to offer credit life or health and accident insurance based upon
the age or physical disability of the consumer shall not be an unfair or
discriminatory practice if such denial is based solely upon bona fide
underwriting considerations not prohibited by the State Code of Iowa or
United States Code.
Section 7. Sec. 27-101 of the City of Dubuque Code of Ordinances is
hereby amended as follows:
Sec. 27-101. Prohibited Practices; Exceptions:
It is an unfair or discriminatory practice for any educational
institution to discriminate on the basis of race, creed, color, sex, national
origin, religion, OF disability or sexual orientation in any program or
activity. Such discriminatory practices shall include but not be limited to
the following practices:
(1) Exclusion of a person or persons from participation in, denial of
the benefits of, or subject to discrimination in any academic, research,
occupational training, or other program or activity except athletic
programs;
(2) Denial of comparable opportunity in intramural and
interscholastic athletic programs;
(3) Discrimination among persons in employment and the
conditions of employment;
(4) On the basis of sex, the application of any rule concerning the
actual or potential parental, family or marital status of a person, or the
exclusion of any person from any program or activity or employment
because of pregnancy or related conditions dependent upon the
physician's diagnosis and certification.
For the purposes of this Section, educational institution includes
any preschool, elementary, secondary, or merged area school, area
education agency, postsecondary college or university and their governing
boards. This Section does not prohibit an educational institution from
maintaining separate toilet facilities, locker rooms or living facilities for the
different sexes so long as comparable facilities are provided. Nothing in
the Section shall be construed as prohibiting any bona fide religious
institution from imposing qualifications based on religion when such
qualifications are related to a bona fide religious purpose or any institution
from admitting students of only one sex.
Section 8. Sec. 27-131 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 27-131. Prohibitions.
It shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, or
to refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, color,
religion, sex, familial status, national origin, creed, age, OF disability or
sexual orientation.
(2) To discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provisions of services or
facilities in connection therewith, because of race, color, religion, sex,
familial status, national origin, creed, age, OF disability or sexual
orientation.
(3) To make, print or publish, or cause to be made, printed or
published any notice, statement or advertisement, with respect to the sale
or rental of a dwelling that indicates any preference, limitation, or
discrimination based on race, color, religion, sex, familial status, national
origin, creed, age OF disability or sexual orientation, or an intentional to
make any such preference, limitation or discrimination.
(4) To represent to any person because of race, color, religion,
sex, familial status, national origin, creed, age, OF disability or sexual
orientation that any dwelling is not available for inspection, sale or rental
when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or disabled persons of a particular
race, color, religion, sex, familial status, national origin, creed, age, OF
disability or sexual orientation.
Section 9. Sec. 27-132(c) of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 27-132. Exemptions.
(c) Nothing in this article shall prohibit a religious organization,
association, or society or any nonprofit institution or organization operated,
supervised or controlled by or in conjunction with a religious organization,
association or society, from limiting the sale, rental or occupancy of
dwellings which it owns or operates for other than a commercial purpose
to persons of the same religion, or from giving preference to such persons,
unless membership in such religion is restricted on account of race, color,
sex, familial status, national origin, creed, age, OF disability or sexual
orientation. Nor shall anything in this article prohibit a private club not in
fact open to the public, which as an incident to its primary purpose or
purposes provides lodging which it owns or operates for other occupancy
of such lodging to its members or from giving preference to its members.
Section 10. Sec. 27-133 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 27-133. Discrimination in residential real estate-related transactions.
(a) In general. It shall be unlawful for any person or other entity
whose business includes engaging in residential real estate-related
transactions to discriminate against any person in making available such a
transaction, or in the terms or conditions of such a transaction, because of
race, color, religion, sex, familial status, national origin, creed, age, Of
disability or sexual orientation.
(c) Appraisal exemption. Nothing in this article prohibits a person
engaged in the business of furnishing appraisals of real property to take
into consideration factors other than race, color, religion, sex, familial
status, national origin, creed, age, Of disability or sexual orientation.
Section 11. Sec. 27-134 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
Sec. 27-134. Discrimination in provision of brokerage services.
It shall be unlawful to deny to any person access to or membership
or participation in any multiple listing services, real estate brokers'
organization or other service, organization or facility relating to the
business of selling or renting dwellings, or to discriminate against such
person in the terms or conditions of such access, membership or
participation, on account of race, color, religion, sex, familial status,
national origin, creed, age, Of disability or sexual orientation.
Section 12. Sec. 27-145 of the City of Dubuque Code of Ordinances is
hereby amended as follows:
Sec. 27-145. Violations; Bodily Injury; Death; Penalties:
Whoever whether or not acting under color of law, by force or threat
of force willfully injures, intimidates or interferes with, or attempts to injure,
intimidate or interfere with:
(1) Any person because of such person's race, color, religion, sex,
familial status, national origin, creed, age, Of disability or sexual
orientation and because such person is or has been selling, purchasing,
renting, financing, occupying, or contracting or negotiating for the sale,
purchase, rental, financing, or occupation of any dwelling, or applying for
or participating in any service, organization or facility relating to the
business of selling or renting dwellings; or
(2) Any person because such person is or has been, or in order to
intimidate such person or any other person or any class of persons from:
(a) participating, without discrimination on account of race,
color, religion, sex, familial status, national origin, creed, age,
Of disability or sexual orientation in the activities, services,
organizations or facilities described in subsection (a) of this
Section; or . . .
(3) Any citizen because such person is or has been, or in order to
discourage such citizen or any other citizen from lawfully aiding or
encouraging other persons to participate, without discrimination on
account of race, color, religion, sex, familial status, national origin, creed,
age, OF disability or sexual orientation in any of the activities, services,
organizations or facilities described in subsection (a) of this Section, or
participating lawfully in speech or peaceful assembly opposing any denial
of the opportunity to so participate shall be referred to the County
Attorney's office for prosecution.