2016-636 ORDINANCE NO. 2016 - 636
An Ordinance prohibiting discrimination in accommodations and employment with penalties as
set forth in newly created J.G.O. 9.07.070.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 9.07 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
Chapter 9.07
ACCOMMODATION AND EMPLOYMENT
Sections:
9.07.010 Declaration of policy; purpose and intent.
9.07.020 Definitions
9.07.030 Prohibited acts of discrimination; employment.
9.07.040 Prohibited acts of discrimination; business establishment or public
accommodations.
9.07.050 Jurisdiction.
9.07.060 Enforcement.
9.07.070 Penalty; forfeiture.
9.07.080 Private actions.
9.07.010 Declaration of policy; purpose and intent.
A. A vibrant, productive and economically successful city is made possible by the
talents, contributions and wellbeing of its diverse residents. It is the policy of the City of
Janesville that equal rights of all those who live and work in the city are assured, and that equal
rights and equal opportunity within the context of the larger commercial and social fabric of the
Janesville community are promoted.
B. The practice of providing equal opportunity in employment and public
accommodations to persons without regard to actual or perceived race, color, creed, religion,
national origin, ancestry, age, sex/gender, disability, arrest/conviction record, marital status,
sexual orientation, gender identity and/or gender expression, results of genetic testing, honesty
testing, pregnancy or childbirth, military service, or an individual's affiliation with or perceived
affiliation with any of these protected categories, is a desirable goal of the City of Janesville and
a matter of legitimate concern to its government. Discrimination against any of Janesville's
residents or visitors endangers the rights and privileges of all and deprives the community of the
fullest productive capacity of those of its members so discriminated against and denies to them
the sufficiency of earnings necessary for maintaining the standards of living consistent with their
abilities and talents.
C. Provision for adequate safeguards against discrimination is a proper and
City of Janesville Ordinance 2016 -636
necessary function of city government. To protect the health, safety and general welfare of all
inhabitants of the city, and all persons employed and living within the city, it is declared to be the
public policy of this city to foster and enforce to the fullest extent of the law equal opportunity,
employment, and public accommodations without regard to actual or perceived race, color,
creed, religion, national origin, ancestry, age, sex/gender, disability, arrest/conviction record,
marital status, sexual orientation, gender identity and/or gender expression, results of genetic
testing, honesty testing, pregnancy or childbirth, military service, or an individual's affiliation
with or perceived affiliation with any of these protected categories. To fully effectuate this policy
of promoting nondiscrimination, the city shall endeavor to eliminate all discrimination that may
occur within employment and accommodation within the city of Janesville.
D. Where applicable, this chapter shall be interpreted and applied consistently with
the provisions of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. sections 3601, et seq., 24
C.F.R. sections 100, et seq., and ss. 66.1011, 106.50 and 111.31, Wis. Stats., and any successor
provisions of state and federal law.
9.07.020 Definitions In this chapter, unless the context requires otherwise:
A. "Age" means being age 40 or older.
B. "Ancestry" means the country, nation, tribe or other identifiable group from
which one descends.
C. "Arrest /Conviction Record" means information indicating a person was
questioned, arrested, charged or convicted of a felony or misdemeanor. An employer may reject
an applicant or fire an employee whose conviction is substantially related to the job.
D. "Color" means color of skin.
E. "Disability" means, with respect to a person, any of the following:
1. A physical or mental impairment which substantially limits one or more of the
person's major life activity.
2. A record of having an impairment.
3. Being perceived as having impairment.
4. This term does not include current, illegal use of or addition to a controlled
substance. The behavioral manifestations of a mental disability may be taken into consideration
in determining whether or not the applicant is qualified.
F. "Discriminate, discrimination or discriminatory" shall mean any act, policy,
advertisement or practice which, regardless of intent, has the effect of subjecting any person to
differential treatment as a result of that person's actual or perceived race, color, creed, religion,
national origin, ancestry, age, sex/gender, disability, arrest/conviction record, marital status,
sexual orientation, gender identity and/or gender expression, results of genetic testing, honesty
testing, pregnancy or childbirth, and military service. Discrimination also includes any
differential treatment because of one's association with a person or group of people identified
herein.
G. "Employee" shall mean any individual employed or seeking employment from an
employer.
H. "Employer" shall mean any person who, for compensation, regularly employs
five or more individuals, not including the employer's parents, spouse or children. For purposes
of this ordinance an "employer" is also any person acting on behalf of an employer, directly or
indirectly, or any employment agency.
I. "Gender identity and /or gender expression" means a person's gender - related
City of Janesville Ordinance 2016 -636
self - identity, appearance, expression or behavior, regardless of the person's assigned sex at birth.
J. "Marital Status" means the status of being married, single, divorced, separated
or widowed.
K. "Military Service" means service in the U.S. armed forces, the state defense
force, the national guard of any state, or any other reserve component of the U.S. armed forces.
L. "National origin" means generally a member of a nation by origin, birth or
naturalization or having common origins.
M. "Person" shall mean any natural person, firm, corporation, partnership or other
organization, association or group of persons however arranged.
N. "Place of public accommodation" shall all establishments within the city of
Janesville which offers goods, services, accommodations and entertainment to the public. A
place of public accommodation does not include any institution or club which by its nature is
distinctly private.
O. "Race" means generally a member of a group united or classified together on the
basis of common history, nationality or geography.
P. "Religion or creed" means a system of religious beliefs including moral or
ethical beliefs about right and wrong that are sincerely held with the strength of traditional
religious views.
Q. "Sex/gender" means being female or male.
R. "Sexual Orientation" means a person's actual or perceived heterosexuality,
homosexuality, asexuality, or bisexuality.
9.07.030 Prohibited acts of discrimination; employment.
A. With regard to employment, it shall be unlawful for any employers or labor
organizations, to engage in any of the following acts, wholly or partially for a discriminatory
reason:
1. To discriminate against any individual, with respect to failure to hire,
refusal to hire, discharge, compensation, terms, conditions, or privileges of employment,
including promotion; however nothing in this subsection shall be construed to require any
employer to provide benefits, such as insurance, to individuals not employed by the employer;
2. To limit, segregate, or classify employees in any way which would
deprive or tend to deprive any employee of employment opportunities, or which would otherwise
tend to adversely affect his or her status as an employee; or
3. To fail or refuse to refer for employment, or to give negative information
to a potential employer of any individual, in such a manner that would deprive or limit an
individual's employment opportunities or that would otherwise adversely affect an individual's
status as an applicant or prospective employee.
B. Employers shall post in a conspicuous place upon its premises, a poster prepared
and made available by the City, relating to the prohibition regarding discrimination based upon
gender identity or gender expression.
9.07.040 Prohibited acts of discrimination; business establishment or public
accommodations. It shall be unlawful for a business establishment or place of public
accommodation to deny, directly or indirectly, any person the full enjoyment of the goods,
services, facilities, privileges, advantages, and accommodations wholly or partially for a
discriminatory reason.
City of Janesville Ordinance 2016 -636
9.07.050 Jurisdiction.
A. The City of Janesville shall not exercise jurisdiction over any complaint that sets
forth or states any facts or allegations that are subject matter within the jurisdiction of any state
or federal agency, including but not limited to the U.S. Equal Employment Opportunity
Commission or the State of Wisconsin, Department of Workforce Development, regardless of
whether the complainant has chosen to file with that said agency or not. When a complaint or
inquiry is presented to the City Manager or to designated staff, and it appears that the City does
not have jurisdiction as indicated above, the complainant shall be referred to the appropriate state
or federal enforcement agencies.
B. It shall not be an unlawful discriminatory practice for an employer to observe the
conditions of a bona fide seniority system or a bona fide employee benefit system based on age
such as a retirement, pension or insurance plan which is not a subterfuge or pretext to evade the
purposes of this ordinance.
C. Nothing contained in this ordinance shall be deemed to prohibit selection or
rejection based solely upon a bona fide occupational qualification, a bona fide physical
requirement, or, as to a religious or denominational institution, based upon a preference for
applicants of the same religion or denomination.
9.07.060 Enforcement.
A. Any person who claims to have been injured under this ordinance may file a
written complaint with the City Manager (or designee), setting forth therein the details, including
location of property, names, dates, witnesses, and other factual matters. All such complaints shall
be signed by the complainant. Such complaints shall be filed within one year after the alleged
violation of this ordinance.
B. The City Manager may receive, hear and determine complaints as provided
herein. The City Manager may adopt rules, policies and regulations, and involve City staff as the
City Manager deems appropriate, consistent with this ordinance and the laws of this state to carry
out the policy and provisions of this ordinance and the powers and duties of the City Manager
C. The City Manager may informally recommend solutions to the parties to the
complaint to address the situation.
D. A timely -filed complaint shall be referred immediately to the City Attorney.
9.07.070 Penalty; forfeiture.
A. Any person found in violation of this ordinance shall, for the first violation,
forfeit not less than $500 nor more than $5,000, plus the cost of the action.
B. Each day upon which a violation occurs shall constitute a separate violation.
C. For each successive violation within 5 years of having been adjudged to be in
violation of this ordinance, the person shall forfeit not less than $1,000 nor more than $10,000.
9.07.080 Private actions. In addition to the remedies set forth in this ordinance, an
aggrieved person may commence a civil action in any court of competent jurisdiction to obtain
appropriate relief with respect to violations set forth in this Chapter.
City of Janesville Ordinance 2016 -636
ADOPTED: March 28, 2016 Motion by: Liebert
Second by: Bobzien
APPROVED: Councilmember Aye Nay Pass Absent
/ Bobzien X
,, X
Farrell X
Mark F -itag, City Manager Gruber X
Liebert X
ATT Marklein X
Tidwell X
I: yid T. Godek, City ' lerk- Treasurer
APPROVED AS TO FORM:
Lam-- L-J
Tim Wellnitz, Assistant City Attorney
Proposed by: Council Members Liebert &
Bobzien
Prepared by: Assistant City Attorney
City of Janesville Ordinance 2016 -636