OFFICE OF COMMUNITY RELATIONS

Springfield, Ill., City Code tit. IX, ch. 93

in effect

Springfield, Ill., City Code § 93.01 Definitions.

§ 93.01. - Definitions. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Age means the chronological age of a person who is at least 40 years old, except with regard to any practice described in section 93.09, insofar as that practice concerns training or apprenticeship programs or police and firefighters/paramedic appointments. In the case of training or apprenticeship programs, for the purposes of section 93.09, "age" means the chronological age of a person who is 18 but not yet 40 years old. With respect to police and firefighter/paramedic appointments, for the purposes of section 93.09, it shall not be a civil rights violation for an employer to fail or refuse to hire or to discharge any individual because of an individual's age if such action is taken with respect to the employment of an individual as a firefighter/paramedic or as a law enforcement officer and the individual has attained the age of hiring or retirement in effect under applicable state or local law, which provided a maximum age hiring limitation or for mandatory retirement, in effect on or before March 3, 1983. Charging party means the person who files a charge pursuant to section 93.06a. Civil rights violation includes and shall be limited to only those specific acts set forth in sections 93.09, 93.10, 93.11, 93.12, 93.16 and 93.18 of this chapter. Complainant means the person on whose behalf a complaint is filed pursuant to section 93.06(d). Employer includes and means: (1) Any person employing five or more persons within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation; (2) Any person employing one or more employees when a complainant alleges civil rights violation due to sexual harassment unlawful discrimination based upon his or her disability unrelated to ability; (3) Any political subdivision, municipal corporation (other than the City of Springfield) or other governmental unit or agency, without regard to the number of employees; (4) Any party to a public contract without regard to the number of employees; (5) A joint apprenticeship or training committee without regard to the number of employees; Employer does not include any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non-profit nursing institution of its activities. Employment agency includes and means both public and private employment agencies and any person, and any labor organization with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees. Disability means a determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support animal, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic: (1) For purposes of section 93.09, is unrelated to the person's ability to perform the duties of a particular job or position; (2) For purposes of section 93.10, is unrelated to a person's ability to repay; (3) For purposes of section 93.11, is unrelated to the person's ability to acquire, rent or maintain a housing accommodation; (4) For purposes of section 93.12, is unrelated to a person's ability to utilize and benefit from a place of public accommodation. Labor organization includes and means any organization, or labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships. Marital status means the legal status of being married, single, separated, divorced or widowed. National origin means the place in which a person or one of his or her ancestors was born. Person includes and means one or more individuals, partnerships, associations or organizations, labor organizations, labor unions, joint apprenticeship committees, or union labor associations, corporations, the city and its instrumentalities, political subdivisions, units of local government, legal representatives, trustees in bankruptcy or receivers. Public contract includes and means every contract to which any of the city's political subdivisions or any municipal corporation is a party. Religion includes and means all aspects of religious observance and practice, as well as belief, except that with respect to employers. "Religion" with respect to employers includes all aspects of religious observance and practice as well as belief, unless an employer demonstrates that he or she is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. Respondent means the person against whom a charge or complaint is filed. Sex means the status of being male or female. Sexual harassment means 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; (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance, peaceful enjoyment of one's residence or creating an intimidating, hostile or offensive environment. Sexual orientation means having or being perceived as having an emotional, physical or sexual attraction to another person without regard to the gender of that person; or having or being perceived as having a self image or identity not traditionally associated with one's biological maleness or femaleness. Sexual orientation does not include a physical or sexual attraction to a minor by an adult. Unlawful discrimination means discrimination against a person because of his or her race, color, religion, national origin, ancestry, age, sex marital status, sexual orientation or disability as those terms are defined in this section. For charges and complaints alleging discriminatory housing practices, the term "unlawful discrimination" shall also include discrimination on the basis of "familial status: as that term is defined in section 93.11. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 331-9-11, § 1(Exh. A), 9-16-11)

Springfield, Ill., City Code § 93.02 Reserved.

Springfield, Ill., City Code § 93.03 Community relations commission; established; membership; terms; vacancies.

§ 93.03. - Community relations commission; established; membership; terms; vacancies. (a) There is hereby established a commission which shall be known as the Springfield Community Relations Commission (hereinafter "commission"). (b) The commission shall consist of 11 members appointed by the mayor with the advice and consent of the city council. In making appointments, the mayor shall strive to achieve a membership that is broadly representative of the community in such areas as race, creed, color, religion, sex, national origin or ancestry, handicap, education, welfare, labor, and management. (c) The terms of office of members of the commission shall be for three years and until their successors are appointed and confirmed by the city council. No member shall serve more than two successive terms. (d) Vacancies shall be filled in the same manner as original appointments for the balance of the unexpired term. (e) There shall be a chairman of the commission elected by the commission from the members of the commission. The commission shall also elect one of the members to serve as vice chairman and as secretary who shall keep a record of all resolutions, proceedings, and actions of the commission and this report shall be open to the public. A majority of members shall constitute a quorum. A majority vote of members present shall constitute approval of business before it. Special meetings may be called by the chairman or by not less than five members of the commission. Any representative shall be entitled to appear and be heard on any matter before the commission reaches a decision. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07)

Springfield, Ill., City Code § 93.04 Purpose; functions.

§ 93.04. - Purpose; functions. (a) The purpose of the commission shall be to function in a field involving the relationship of all groups, ethnic, religious, and otherwise, in which differences or problems may arise, to foster a spirit of community harmony by promoting deeper sympathy and mutual trust toward each other, to obtain a better understanding of the ideas of each other, and to promulgate a spirit of brotherhood among all the people of the community. (b) The commission shall further function in all areas prescribed by this chapter, including the authority of the chairman of the commission or the authority of any commission member temporarily acting as chairman by vote of a majority of commission members present, to issue subpoenas and place witnesses under oath, in connection with hearings or investigations authorized herein. (c) The commission shall have the duty of making investigations in the field of human relations which shall be the subject matter of any ordinance of the city or statute of the State of Illinois or of the United States. In performing this function, the commission shall cooperate with any other appropriate governmental agencies. (d) The commission shall set the MBE and FBE participation goals on an annual basis. Such goals shall be set using the standards found in section 38.64 of the City Code. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 436-12-13, § 1(Exh. A), 12-17-13)

Springfield, Ill., City Code § 93.05 Office of community relations established; director; powers and duties.

§ 93.05. - Office of community relations established; director; powers and duties. (a) There is hereby established an office of community relations (hereinafter "office"). (b) The office shall be headed by a director of community relations (hereinafter "director") appointed by the mayor with the advice and consent of the city council. (c) Without limiting those powers and duties prescribed by law and ordinance, the office shall serve as the staff of the commission. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07)

Springfield, Ill., City Code § 93.06 Investigation and conciliation.

§ 93.06. - Investigation and conciliation. (a) Filing of charges. (1) Any individual who believes that he or she has been aggrieved by a violation of the provisions of this chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation may file a charge with the office. (2) The charging party shall make a written statement under oath or affirmation that an unlawful practice has been committed, sign the charge, and shall certify that the facts and allegations set forth therein are, to the best of his or her knowledge, information, and belief, to be true and correct. (3) Charges filed may be voluntarily withdrawn at the request of the charging party at any time prior to the filing of a charge specified in section 93.07. The circumstances accompanying such withdrawal may be fully investigated by the office or the commission. (4) The office may investigate individual instances and patterns of conduct which are in violation of the provisions of this chapter, and may file charges in connection therewith. (b) Investigation. (1) The office shall promptly investigate allegations of discrimination or violations of provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation set forth in any charge. (2) A determination in writing shall be made by the office, and signed by the director, stating whether or not there is probable cause to believe that this chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation has been violated, and on what facts such determination is based. (3) If the office finds, with respect to any respondent, that the commission lacks jurisdiction or that probable cause does not exist, the office shall issue in the name of the commission, and cause to be served on the appropriate parties an order approved by the commission dismissing the allegations of the charge. (c) Conciliation. (1) Where the office determines there is probable cause, an attempt shall be made to eliminate the alleged discriminatory practice by mediation, negotiation, or conciliation. (2) If the charging party and respondent enter into a conciliation agreement, such agreement shall be approved by the commission and the office shall issue an order in the name of the commission stating the terms of the agreement and furnish a copy of the order to the complainant and respondent. (3) Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding without the written consent of the persons concerned. Notwithstanding the above, the office shall make available to the charging party and the respondent, at any time, upon request following completion of the investigation, any final investigative report relating to that investigation. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the office determines that disclosure is not required to further the purposes of this subsection. (d) Complaint for hearing. Following any finding of probable cause and a failure to settle or adjust the charge through a conciliation conference: (1) The aggrieved party, or his or her legal representative, shall prepare a written complaint for hearing stating the nature of the civil rights violation or of a violation of provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation and the relief sought on behalf of the aggrieved party. Such complaint shall be based on the final investigative report and need not be limited to the facts or grounds originally alleged in the charge filed under section 93.06(a). The complaint shall be filed with the commission. (2) The office may, after consulting and coordinating with the office of corporation counsel, prepare a written complaint for hearing on behalf of the city stating the nature of the violation and the relief sought on behalf of the city. Such complaint shall be based on the final investigative report and need not be limited to the facts or grounds originally alleged in the charge filed under section 93.06(a). the complaint shall be filed with the commission. (e) Procedure for provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation and under sections 93.09, 93.10, 93.12 and 93.18. (1) All charges shall be filed with the office within 180 days after the date that a violation allegedly has been committed. (2) The office shall, within ten days of the date on which the charge was filed, serve a copy on the respondent and shall require the respondent to file a verified response to the allegations contained in the charge. The respondent shall serve a copy of its response on the charging party or charging party's representative. All allegations contained in the charge 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 office shall issue a notice of default directed to any respondent who fails to file a verified response to a charge within 35 days of the date on which the charge was filed, unless the respondent can demonstrate good cause as to why such notice should not issue. Within 30 days of receipt of the respondent's response, the charging party may file a reply to said response. If the charging party chooses to file a reply, the charging party shall serve a copy of said reply on respondent or respondent's representative. A party shall have the right to supplement his response or reply at any time that the investigation of the charge is pending. (3) After the respondent has been notified, the office shall conduct a full investigation of the allegations set forth in the charge. (f) Procedure under section 93.11. (1) All charges shall be filed with the office within 180 days after the date that a discriminatory housing violation allegedly has been committed, or within 180 days after the discovery thereof, but in no event later than one year after the alleged violation has occurred or terminated. (2) The office shall serve notice upon the charging party acknowledging such filing and advising the charging party of the time limits. The office shall, not later than ten days after such filing serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this section, together with a copy of the original charge. The respondent may file, no later than ten days after receipt of notice from the office, a verified answer to such charge. The office shall commence an investigation of the alleged discriminatory housing practice within 30 days and complete such investigation within 100 days after the filing of the charge unless it is impracticable to do so. If the office is unable to complete the investigation within 100 days after the filing of the charge, the office shall notify the charging party and respondent in writing of the reasons for not doing so. Final administrative disposition of the charge shall be completed within one year of the date of receipt of the charge, unless it is impracticable to do so. If it is impracticable to do, the office shall notify the charging party and respondent in writing of the reasons. (3) The commission may not continue administrative proceedings regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under any act of Congress or state law, seeking relief with respect to that discriminatory housing practice. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 208-6-11, § 1(Exh. A), 6-7-11; Ord. No. 331-9-11, § 1(Exh. A), 9-16-11; Ord. No. 372-11-13, § 1, 11-5-13; Ord. No. 436-12-13, § 1(Exh. A), 12-17-13)

Springfield, Ill., City Code § 93.07 Public hearing.

§ 93.07. - Public hearing. Upon receipt of the complaint, the commission shall order a public hearing to be held to determine by a preponderance of the evidence if the violation alleged occurred. The public hearing shall be held before the commission, a panel composed of three members of the commission designated by the chairman to hear and decide cases by majority vote, or a qualified hearing officer obtained by the commission, who shall make findings of fact, determine if the alleged violation occurred, and make recommendations to resolve or alleviate the conflict or similar conflicts which may occur in the future. The chairman may designate two additional members to a panel to act as alternates. Alternate members shall not participate in the panel's decision except when one or more regular members are absent or otherwise unable to participate in the decision. If the full commission or a panel designated by the chairman conducts said public hearing, its findings, determinations and recommendations shall be stated in writing which upon being signed by the chairperson and/or by all presiding members of the commission or panel shall constitute a final order of the commission. If a hearing officer conducts said public hearing, the commission shall at its next meeting, or within a reasonable time, after receipt of the hearing officer's report adopt, modify, or reject in whole or in part, and in writing, findings, determinations, and recommendations of the hearing officer, which upon being signed by the chairperson and/or all members of the commission attending such meeting shall constitute a final order of the commission. The chairman shall arrange for the service of a copy of the final order of the commission, either personally or by certified mail, on each person directly affected thereby. All proceedings referred to herein shall be conducted in accordance with the rules of the commission which shall be adopted by the commission from time to time and which shall be provided to any person by the office upon request. (a) Notice of hearing. The office shall cause to be issued and served in the name of the commission, a written notice, 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. The notice shall specify the time, date and place of such hearings. Notice shall be served by registered or certified mail, return receipt requested, or by personal service. (b) Public hearing. (1) After a complaint has been noticed for hearing, the commission shall conduct said hearing and make a determination concerning the complaint. (2) The office of the corporation counsel or the director or designee shall present the city's case before the commission. Efforts at conciliation shall not be received into evidence. (3) If the respondent fails to answer the complaint, the commission shall proceed on 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) The rules of evidence prevailing in the courts of law in this city shall not be applicable to nor bind any party, the representative of any party, nor any administrative person or body in any proceeding hereunder but such parties, persons and bodies shall consider any and all reliable, probative, and substantial evidence, statistical or otherwise, produced by anyone at any proceeding hereunder which may tend to prove or disprove any act or acts of discrimination alleged in the complaint under consideration. All testimony in any proceeding hereunder shall be given under oath or affirmation. (6) At the conclusion of the 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 chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation. 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 complainant and respondent, 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 judgment of the commission will carry out the purposes of this chapter and provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation. Such action may include, but shall not be limited to, the following acts on behalf of the complainant and other aggrieved individuals: membership in any respondent labor organization, admitting to or allowing to participate in an apprenticeship training 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. (c) Remedies. The recommendations, findings and determinations referred to in subsection (b)(6) above may also include but are not limited to: (1) A determination of actual and punitive damages including possible compensatory damages, and/or recommendation of a fine to be imposed upon the person(s) found to have violated this chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation. (2) The hiring, reinstatement or job upgrading of complainant with or without back pay and/or provision for fringe benefits as the complainant may have been denied in employment-related complaints. (3) Attorneys fees and costs. (4) Any of the remedies found in article VII of chapter 38 of the City Code. (d) Fines. Persons found in violation of provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation, or sections 93.09, 93.10, 93.11, 93.12 and 93.18 shall be fined: (1) In an amount not exceeding $10,000 if the respondent has not been adjudged to have committed any prior violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation; and (2) In an amount not exceeding $25,000 if the respondent has been adjudged to have committed one other violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation during the five-year period ending on the date of the filing of this complaint; and (3) In an amount not exceeding $50,000 if the respondent has been adjudged to have committed two or more violations under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation during the seven-year period ending on the date of the filing of this complaint; except that if the acts constituting the violation that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation then the civil penalties set forth in subsections (2) and (3) may be imposed without regard to the period of time within which any subsequent violation under chapter 93 or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation occurred. (e) Penalty. If fines hereunder are not paid within 30 days after they are assessed, they shall be considered to be debts to the City of Springfield or to the party to whom they are owed and shall be collectable in the same manner provided by law for the collection of all other debts. (f) Judicial review. Any person aggrieved by any final order or decision of the commission in a matter, pursuant to the provision of this chapter or provisions of article VII of chapter 38 of the City Code relating to MBE and FBE participation, is entitled to judicial review thereof upon filing a written petition for such a review with the Circuit Court of the Seventh Judicial Circuit or any court of competent jurisdiction within 35 days from the date that a copy of the decision or final order sought to be reviewed was served on the party affected thereby. The reviewing court shall have authority to grant to the petitioner, or to any other party, such temporary relief, restraining order, or other order as the court determines is just and proper; affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and enforce the order to the extent that the order is affirmed or modified. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 331-9-11, § 1(Exh. A), 9-16-11; Ord. No. 436-12-13, § 1(Exh. A), 12-17-13)

Springfield, Ill., City Code § 93.07.5 General provisions.

§ 93.07.5. - General provisions. Enforcement: (a) In any investigation, the director or designee shall issue subpoenas at the instance of the investigator, whenever necessary to complete 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 of a charge. After the filing of the complaint, the chair of the commission, or acting chair in the absence of the chair, shall issue subpoenas at the instance of the commission, or at the instance of a complainant or respondent to the proceedings, whenever necessary to complete 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 hearing of a charge. The cost of service and witness and mileage fees shall be borne by the person requesting the subpoena. Witness and mileage fees shall be the same as are paid witnesses in the circuit courts of the State of Illinois. The party requesting a subpoena shall be responsible for its service. A subpoena shall be served reasonably in advance of its return date. The subpoena shall state the name and address of the person initiating its issuance, and shall identify the person or evidence subpoenaed and the person to whom and the place, date and the time at which it is returnable. (b) If the commission determines that the respondent(s) have not, after 30 calendar days following service of its order, corrected the unlawful practice and complied with this chapter, the commission shall certify the matter to the office of corporation counsel for enforcement proceedings. (c) If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter or provision of article VII of chapter 38 of the City Code relating to MBE and FBE participation, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Upon receipt of such an authorization, the office of corporation counsel shall promptly commence and maintain such action. Hearings or meetings: (d) The commission may provide for closed meetings or portions of closed meetings for the purpose of conciliating complaints. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 436-12-13, § 1(Exh. A), 12-17-13)

Springfield, Ill., City Code § 93.08 Public contracts.

§ 93.08. - Public contracts. (a) Every contract to which the city is a party shall include and be materially conditioned on the requirement that the vendor shall not commit any unfair employment practice within the corporate limits of Springfield, Illinois. Any unfair employment practice engaged in outside Springfield, Illinois, which affects a contract to which the city is a party constitutes an unfair employment practice within Springfield, Illinois, for the purposes herein. (b) The final determination of whether a vendor has engaged in an unfair employment practice within Springfield, Illinois, shall be made by the city council acting on findings made by the community relations commission in accordance with the provisions herein. Any such person determined to have engaged in an unfair employment practice shall be barred from doing business with the city for such period of time as the city council deems, up to a maximum of two years. Any person determined by the city council to have engaged in an unfair employment practice relating to an existing contract with the city shall be deemed in breach of such contract, and the contract shall be terminated subject to any rights and remedies of the parties to the contract. (Ord. No. 485-12-16, § 1(Exh. A), 12-20-16)

Springfield, Ill., City Code § 93.09 Unfair employment practices.

§ 93.09. - Unfair employment practices. (a) It is declared to be the policy of the city to prohibit unfair employment practices as hereinafter defined. (b) It is a civil rights violation and an unfair employment practice: (1) For any employer, because of the race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation or unrelated to ability, to refuse to hire, to segregate, or otherwise to discriminate against such person with respect to hire, selection, promotion, discharge, discipline, training for apprenticeship in any trade or craft, tenure, terms, or other conditions of employment. (2) For any employment agency to fail or refuse to classify properly, accept applications, and register for employment referral or apprenticeship referral, refer for employment, refer for apprenticeship, or otherwise to discriminate against any person because of race, color, religion, sex, national origin, or ancestry, age, marital status, sexual orientation or disability unrelated to ability, a condition of referral, except for a bona fide occupational qualification. (3) For any labor organization because of the race, color, religion, sex, national origin, ancestry, age, marital status, sexual orientation or disability unrelated to ability, of any person to discriminate against such person, or to limit, segregate, or classify its membership with respect to such person, or to limit such person's employment opportunities, such person's selection and training for apprenticeship in any trade or craft, or otherwise to take, or fail to take, any action which affects adversely such person's employment status, or status as an applicant for employment or as an apprentice or as an applicant for apprenticeship, or such person's wages, tenure, hours of employment or apprenticeship's conditions. (4) For any employer, employment agency, or labor organization to discriminate against any person because that person, reasonably and in good faith, has opposed any practice forbidden herein, or because that person, reasonably and in good faith, has made a charge, testified, or assisted in any investigation, proceeding, or hearing. (5) For any employer, employment agency, or labor organization to inquire on a written application whether a job applicant has ever been arrested, however, this subsection (5) shall not be construed to preclude any employer, employment agency, or labor organization from inquiring on a written application whether a job applicant has ever been convicted of any offense which may be construed as job related. (6) For any person to compel or cause any person to engage in any of the acts declared herein to be unfair employment practices. (7) For any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer's employees by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. (c) Nothing in this section shall preclude an employer from hiring or selecting between persons for any reason except for the unfair employment practices specifically prohibited herein, or a bona fide occupational qualification. Nor shall anything in this section preclude any employer from giving or acting on the results of any professionally developed ability test provided that such test, its administration or action on the results is not designed, intended, or used to discriminate because of race, color, religion, sex, national origin or ancestry, age, marital status, sexual orientation, disability unrelated to ability. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07)

Springfield, Ill., City Code § 93.10 Financial credit.

§ 93.10. - Financial credit. (a) Definitions. (1) Definitions. The following definitions are applicable strictly in the context of this section: a. Credit card has the meaning set forth in section 2.03 of the Illinois Credit Card Act, 720 ILCS 250/2.03. b. Financial institution means any bank, credit union, insurance company, mortgage banking company or savings and loan association which operates or has a place of business in this city. c. Loan includes, but is not limited to, the providing of funds, for: 1. The purpose of purchasing, construction, improving, repairing, or maintaining a housing accommodation as that term is defined in paragraph (c) of section 93.11; or 2. Any commercial or industrial purposes. d. Varying the terms of a loan includes, but is not limited to, the following practices: 1. Requiring a greater down payment than is usual for the particular type of loan involved. 2. Requiring a shorter period of amortization than is usual for the particular type of loan involved. 3. Charging a higher interest rate than is usual for the particular type of loan involved. 4. An under appraisal of real estate or other item of property offered as security. (b) Civil rights violations—Loans. (1) Civil rights violations: Loans. It shall be a civil rights violation for any financial institution, on the grounds of unlawful discrimination, to: a. Denial of services. Deny any person any of the services normally offered by such an institution. b. Modification of services. Provide any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated. c. Loan terms. Deny or vary the terms of a loan. d. Property location. Deny or vary the terms of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area. e. Consideration of income. Deny or vary the terms of a loan without having considered all of the regular and dependable income of each person who would be liable for repayment of the loan. f. Lending standards. Utilize lending standards that have no economic basis and which constitute unlawful discrimination. (c) Credit cards. (1) Exemptions. Nothing contained in this section shall prohibit: a. Sound underwriting practices. A financial institution from considering sound underwriting practices in contemplation of any loan to any person. Such practice shall include: 1. The willingness and the financial ability of the borrower to repay the loan. 2. The market value of any real estate or other item of property proposed as security for any loan. 3. Diversification of the financial institution's investment portfolio. b. Credit-worthiness information; credit systems. A financial institution or a person who offers credit cards from: 1. Making an inquiry of the applicant's age, permanent residence, immigration status, or any additional information if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the department; 2. Using any empirically derived credit system which considers age if such system is demonstrably and statistically sound. c. Special credit programs. A financial institution from refusing to extend credit when required to by or pursuant to any: 1. Credit assistance program expressly authorized by law for an economically disadvantaged class of persons; 2. Credit assistance program expressly authorized by a nonprofit organization for its members of an economically disadvantaged class of persons; 3. Special purpose credit program offered by a profit-making organization to meet special social need which meets standards prescribed by the department in its regulations. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07)

Springfield, Ill., City Code § 93.11 Fair housing.

§ 93.11. - Fair housing. (a) Definitions. (1) The following definitions are applicable strictly in the context of this section: a. Real property includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. b. Real estate transaction includes the sale, exchange, rental or lease of real property. "Real estate transaction" also includes the brokering or appraising of residential real property and the making or purchasing of loans or providing other financial assistance: 1. For purchasing, constructing, improving, repairing or maintaining a dwelling; or 2. Secured by residential real estate. c. Housing accommodation includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals. d. Real estate broker or salesman means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these. e. Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with: parent or person having legal custody of such individual or individuals; or 1. The designee of such parent or other person having such custody, with the written permission of such parent or other person. 2. The protections afforded by this section against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. f. Covered multifamily dwellings means: 1. Buildings consisting of four or more units if such buildings have one or more elevators; and 2. Ground floor units in other buildings consisting of four or more units. (b) Civil rights violations; (real estate transactions). It is a civil rights violation for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of unlawful discrimination or familial status, to: (1) Transaction. Refuse to engage in a real estate transaction or otherwise make unavailable or deny a dwelling to a person including the making of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or the making of loans or the provision of other financial assistance secured by residential real estate; (2) Terms. Alter the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (3) Offer. Refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; (4) Negotiation. Refuse to negotiate for a real estate transaction with a person; (5) Representations. Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit him or her to inspect real property; (6) Publication of intent. Print, circulate, post, mail, publish or cause to be so published a written or oral statement, advertisement or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which expresses any limitation or preference founded upon, or indicated, directly or indirectly, with an intent to engage in unlawful discrimination or discrimination based on familial status; (7) Listings. Offer, solicit, accept, use or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of familial status in a real estate transaction is intended. (8) Services and organizations. Deny a person access to, membership, or participation in the multiple listing service, real estate brokers organization or other service. (c) Disability. (1) It is a civil rights violation to refuse to sell or rent or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of that buyer or renter, or disability of a person residing or intending to reside in that dwelling after it is sold, rented or made available or a disability of any person associated with the buyer or renter. (2) It is a civil rights violation to alter the terms, conditions or privileges of sale or rental of a dwelling or the provision of services or facilities in connection with such dwelling because of a person's disability or a disability of any person residing or intending to reside in that dwelling after it is sold, rented or made available, or a disability of any person associated with that person. (3) It is a civil rights violation: a. To refuse to permit, at the expense of the 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, reasonable wear and tear excepted. The landlord may not increase for persons with disabilities any customarily required security deposit. However, 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 part of such a restoration agreement a provision requiring that the tenant pay reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained; b. 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; or c. In connection with the design and construction of covered multifamily those dwellings in such a manner that: 1. The dwellings have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site; 2. With respect to dwellings with a building entrance on an accessible route: (a) The public use and common use portion of such dwellings are readily accessible to and usable by persons with disabilities; (b) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons utilizing wheelchairs; and (c) All premises within such dwellings contain: An accessible route into and through the dwelling; Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; Reinforcements in bathroom walls to allow later installations of grab bars; and Usable kitchens and bathrooms such that an individual utilizing a wheelchair can maneuver about the space. (4) Compliance with the appropriate standard of the Illinois Accessibility Code for adaptable dwelling units (71 Illinois Administrative Code Section 400.350 (e)1-6) suffices to satisfy the requirements set forth in subsection (c)(3), compliance with its law shall be deemed to satisfy the requirements of that subsection. (5) The City of Springfield may review and adopt procedures for the approval of newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of subsection (c)(3) are met. (6) The commission shall provide technical assistance to the city and other persons to implement the requirements of subsection (c)(3). (7) Nothing in this act shall be construed to require the commission or the city to review or approve the plans, designs or construction of all covered multifamily dwellings to determine whether the design and construction of such dwellings are consistent with the requirements of subsection (c)(3). (8) Nothing in the section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others. (d) Blockbusting. It is a civil rights violation for any person to: (1) Solicitation. Solicit for sale, lease, listing or purchase any residential real estate within this city, on the grounds of loss of value due to the present or prospective entry into the vicinity of the property involved of any person or persons of any particular race, color, religion, national origin, ancestry, age, sex, marital status, familial status or disability. (2) Statements. Distribute or cause to be distributed, written material or statements designed to induce any owner of residential real estate in this city to sell or lease his or her property because of any present or prospective changes in the race, religion, national origin, ancestry, age, sex, marital status, familial status or disability of residents in the vicinity of the property involved. (3) Creating alarm. Intentionally create alarm, among residents of any community, by transmitting communications in any manner, including a telephone call whether or not conversation thereby ensues, with a design to induce any owner of residential real estate in this city to sell or lease his or her property because of any present or prospective entry into the vicinity of the property involved of any person or persons of any particular race, color, religion, national origin, ancestry, age, sex, marital status, familial status or disability. (e) Exemptions. Nothing contained in section 93.11 shall prohibit: (1) Private sales of single-family homes. Any sale of a single-family home by its owner so long as the following criteria are met: a. The owner does not own or have a beneficial interest in more than three single-family homes at the time of the sale; b. The owner was the last current resident of the home; c. The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman; d. The home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection (b)(7) of section 93.11. (2) Apartments and private rooms. Rental of housing accommodation in a building which contains housing accommodation for not more than four families living independently of each other, if the lessor resides in one of the housing accommodations. (3) Reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (4) Religious organizations. 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 a dwelling 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, or national origin. (5) Sex. Restricting the rental of rooms in a housing accommodation to persons of one gender where compelling privacy reasons exist. (6) Persons convicted of drug-related offenses. Conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Federal Controlled Substances Act (21 U.S.C. 802). (7) Person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals. (8) Housing for older persons. No provision in this section regarding familial status shall apply with respect to housing for older persons. a. As used in this section, "housing for older persons" means housing: 1. Provided under any state or federal program that the Secretary of Housing and Urban Development has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program); or 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the commission shall develop regulations which require at least the following: (a) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older person; and (b) That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and (c) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07)

Springfield, Ill., City Code § 93.12 Public accommodations.

§ 93.12. - Public accommodations. (a) Definitions. (1) The following definitions are applicable strictly in the context of this section: a. Place of public accommodation means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. b. By way of example, but not of limitation, "place of public accommodation" includes facilities of the following types: inns, restaurants, eating houses, hotels, soda shops, department stores, clothing stores, hat stores, shoe stores, bathrooms, restrooms, theaters, skating rinks, public golf courses, public golf driving ranges, concerts, cafes, bicycle rinks, elevators, ice cream parlors or rooms, railroads, omnibuses, buses, stages, airplanes, street cars, boats, funeral hearses, crematories, cemeteries, and public conveyances on land, water or air, public swimming pools and other places of public accommodation and amusement. (2) Operator means any owner, lessee, proprietor, manager, superintendent, agent, or occupant of a place of public accommodation or an employee of any such person or persons. (3) Public official means any officer or employee of the city or any agency thereof, including state political subdivisions, municipal corporations, park districts, forest preserve districts, educational institutions and schools. (b) Civil rights violation—Public accommodations. It is a civil rights violation for any person on the basis of unlawful discrimination to: (1) Deny or refuse to another the full and equal enjoyment of the facilities and services of any public place of accommodation; (2) Directly or indirectly, as the operator of a place of public accommodation, publish, circulate, display or mail any written communication, except a private communication sent in response to a specific inquiry, which the operator knows is to the effect that any of the facilities of the place of public accommodations will be denied to any person or that any person is unwelcome, objectionable or unacceptable because of unlawful discrimination; (3) Deny or refuse to another, as a public official, the full and equal enjoyment of the accommodations, advantage, facilities or privilege of the official's office or services or of any property under the official's care because of unlawful discrimination. (c) Exemption. (1) Exemption. Nothing in this section shall apply to: a. A private club, or other establishment located on privately owned land that is not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the establishment are made available to the customers or patrons of another establishment that is a place of public accommodation. b. Any facility, as to discrimination based on sex, which is distinctly private in nature such as restrooms, shower rooms, bath houses, health clubs and other similar facilities for which the commission, in its rules and regulations, may grant exemption based on bona fide considerations of public policy. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 331-9-11, § 1(Exh. A), 9-16-11)

Springfield, Ill., City Code § 93.13 Affirmative action program.

§ 93.13. - Affirmative action program. (a) The city's affirmative action plan shall be as set forth in article VII chapter 38 of the City Code, and as if restated herein. (b) Any person who has executed an agreement with the State of Illinois or the United States, or any of their agencies or departments which commits such person to provide equal employment opportunity and which substantially fulfills the requirements of this section may file such agreement with the commission. Agreements so filed shall be affirmative action programs under this section unless rejected by a ⅔ vote of the appropriate committee of the commission as provided in the bylaws. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 436-12-13, § 1(Exh. A), 12-17-13)

Springfield, Ill., City Code § 93.14 Administration.

§ 93.14. - Administration. (a) The affirmative action program shall be administered by the office. (b) The office shall: (1) Determine whether the terms of a proposed affirmative action program comply with the terms herein. (2) Determine whether the performance of a person under an affirmative action program complies with the terms herein. (3) Monitor the performance of persons covered by section 93.13 to determine whether such persons are continuing compliance with the terms of an affirmative action program. (4) Notify the mayor whenever a person is determined not to be in compliance with an affirmative action program contained in a written commitment executed by such person. (5) Secure and analyze reports and statistical data on persons covered by section 93.13. (c) The commission shall inform a noncomplying person of the nature and extent of the noncompliance. If the noncompliance persists, the office and the noncomplying person shall together examine the charges of noncompliance and attempt to resolve the situation to reestablish full compliance with the provisions herein and the terms of any affirmative action program executed in a written commitment by the person. Any resolution of noncompliance may include a modification of the affirmative action program approved by the commission. (d) If the informal resolution of noncompliance pursuant to subsection 93.14(c) is unsuccessful as determined by the office, the commission may hold hearings, make findings of fact and render a decision in accordance with the procedures specified in sections 93.06 and 93.07, in which, for the purpose of this section, noncompliance with an affirmative action program shall be treated as an unfair employment practice. No decision shall provide for the termination of a contract which would force the closing of the power plants or water filtration plants of the city, water, light and power department or other municipal utility until such time as an alternate source of supply or equipment is secured. The mayor shall determine when a proposed termination would force the closing of a municipal utility. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07)

Springfield, Ill., City Code § 93.15 Severability.

§ 93.15. - Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such portions shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of the portions hereof. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07)

Springfield, Ill., City Code § 93.16 Additional civil rights violation.

§ 93.16. - Additional civil rights violation. 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 sections 93.09, 93.10, 93.11, 93.12 or 93.18 of this chapter shall be a civil rights violation. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 331-9-11, § 1(Exh. A), 9-16-11)

Springfield, Ill., City Code § 93.17 Retaliation.

§ 93.17. - Retaliation. Any person who has filed a charge alleging violation of section 93.09, 93.10, 93.11, 93.12 or 93.18 of this chapter, and who believes section 93.16 of the chapter has been violated by the respondent as a result of the filing of said charge, may file a separate charge. A charge alleging retaliation shall be file with the office within 180 days after the date that the alleged retaliatory act has been committed. (Ord. No. 168-03-07, § 1(Exh. A), 3-20-07; Ord. No. 331-9-11, § 1(Exh. A), 9-16-11)

Springfield, Ill., City Code § 93.18 Private clubs on city land.

§ 93.18. - Private clubs on city land. It is a civil rights violation for any club, organization or entity, which leases property from the city for use by its members, to deny membership to anyone because of unlawful discrimination, except that a club, organization or entity whose purpose is to promote the positive development of only girls or only boys under the age of 18 may deny membership because of a person's sex. (Ord. No. 331-9-11, § 1(Exh. A), 9-16-11)

Source: City of Springfield, Illinois, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/il/springfield/codes/code_of_ordinances?nodeId=TITIXGERE_CH93OFCOREFetched: 11/8/2026