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8364 Employment DiscriminationORDINANCE NUMBER 8364 (Published in The Salina Journal T 30 1974) AN ORDINANCE PROHIBITING DISCRIMINATION IN EMPLOYMENT BY ANY EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY OR SCHOOL; ESTABLISHING PROCEDURE BY WHICH THE INTENT OF THE ORDINANCE SHALL BE IMPLEMENTED. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. The Salina Code is hereby amended by adding a new Article to be designated as Article III of Chapter 16.5 which Article shall read as follows: ARTICLE III "Section 16.5-28. Discrimination prohibited It shall be unlawful for any employer, labor organization, employment agency or school which provides, coordinates, or controls apprenticeship, on the job training, or other training or retraining programs, to maintain a practice of discrimination, segregation, or separation because of race, sex, religion, color, national origin or ancestry in admission, hiring assignment, upgrading, transfer, promotion, layoff, dismissal, apprenticeship, or other training or retraining programs; or in any other terms, conditions or privileges, of employment, membership, apprenticeship, or training; or to follow any policy or procedure which, in fact, results in such practices, without a valid business motive or occupational qualification. "Section 16.5-29. Contract provisions That in all contracts entered into by the City of Salina, Kansas, or any of its agencies or departments, there shall be included a provision that during the performance of the contract the contractors will not discriminate against any employee or applicant for employment in the performance of said contract and every contractor shall include similar provisions in all sub -contracts under his contract with the City of Salina. "Section 16.5-30. Affirmative action Any contractor entering into a contract with the City of Salina and his sub -contractors shall take affirmative action to insure that employees are treated equally without regard to their race, sex, religion, color, national origin or ancestry. Such affirmative action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor and sub -contractor shall agree to post in conspicuous places available to employees and applicants for employment, notices to be provided by the Personnel Director setting forth provisions of this section. The contractor and his sub -contractors shall provide all affirmative action Section 2. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper. (SEAL) Attest: 1 r ti D. L. Harrison, City Clerk Introduced: August 19, 1974 Passed: August 26, 1974 W. M. Usher, Mayor information and necessary documents to implement the compliance with the requirements of all Federal, State and Local laws and ordinances. It shall be no excuse that the employer has a collective bargaining with any union providing for exclusive referral or approval systems. The failure of the contractor or sub -contractors to comply with the requirements of this section shall be grounds for cancellation, termination, or suspension of the contract in whole or in part by the Board of Commissioners with the contractor or sub -contractors until satisfactory proof of intent to comply shall be submitted to and accepted by the Board of Commissioners. "Section 16.5-31. Human Relations Commission to administer The Human Relations Commission of the City of Salina shall be the administrative agency of this ordinance and shall receive, investigate and conciliate complaints of discrimination or other violations of this ordinance. After the filing of a written notarized complaint with the Human Relations Commission by an aggrieved individual, the said Commission shall investigate the same and in the event that said investigation reveals that probable cause exists of violations of any of the provisions of this ordinance, the Human Relations Commission shall immediately endeavor to eliminate said unlawful practice by conference and conciliation. In the event that conciliation fails to eliminate said practices, the Human Relations Commission shall hold a hearing as provided for in Section 16.5-4 of the Salina Code. The Human Relations Commission or any of its members or staff shall not disclose the proceeding or results of said conciliation in the event the complaint is resolved." Section 2. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper. (SEAL) Attest: 1 r ti D. L. Harrison, City Clerk Introduced: August 19, 1974 Passed: August 26, 1974 W. M. Usher, Mayor