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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 21
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-21- Commission shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair or discriminatory practice, and to take such affirmative action (including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without back pay, the referring of applicants for employment by any respondent employment agency, the admittance or restoration to membership by any respondent labor organization, the admission to or continuation in enrollment in an apprenticeship program, on-the-job training program, the posting of notices, the reinstatement of any offer to sell, rent, or lease property, the placing of the complainant on a waiting list as of the date of the unfair or discriminatory practice complained of, to show property being offered for sale, rental or lease) as is required to remedy the unfair or discriminatory practice complained of. If on the preponderance of the testimony taken, the Commission shall not be of the opinion that any person charged in the complaint has engaged in or engaging in the unfair discriminatory practice complained of, then the Commission shall state its findings of fact and shall close the case. It shall issue and cause to be served on the complainant and on the party charged an order to such effect. (Comment. This section permits the Commission to issue a "cease and desist" order against the specified individual, directing him to comply with the law. The order in itself carries no sanctions for violation; these are provided in section 310 of the ordinance. The Commission is to decide the case before it on the civil standard of evidence, simply whether on the evidence before it, it believes the allegations of the complaint.) Section 310. Suit to enforce. The Commission may within two (2) years after the entry of any order under section 309 of this ordinance, direct the city attorney to bring a suit in the district court of this county (or in any other court which may have jurisdiction over the party charged) for an injunction to compel obedience to its order. (Comment. If the charged party refuses to conform to the order of the Commission, it may direct the city attorney to bring a suit to enjoin the charged party from further violation. This is the real legal sanction in the statute, since a court may punish violation of the injunction as contempt. The city has no power to confer special jurisdiction on the district court. Thus there can be no special "judicial review" of orders as provided for the state commission in Code section 105A.10. The suit must be an ordinary suit in equity, under the ordinary procedural rules.
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-21- Commission shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair or discriminatory practice, and to take such affirmative action (including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without back pay, the referring of applicants for employment by any respondent employment agency, the admittance or restoration to membership by any respondent labor organization, the admission to or continuation in enrollment in an apprenticeship program, on-the-job training program, the posting of notices, the reinstatement of any offer to sell, rent, or lease property, the placing of the complainant on a waiting list as of the date of the unfair or discriminatory practice complained of, to show property being offered for sale, rental or lease) as is required to remedy the unfair or discriminatory practice complained of. If on the preponderance of the testimony taken, the Commission shall not be of the opinion that any person charged in the complaint has engaged in or engaging in the unfair discriminatory practice complained of, then the Commission shall state its findings of fact and shall close the case. It shall issue and cause to be served on the complainant and on the party charged an order to such effect. (Comment. This section permits the Commission to issue a "cease and desist" order against the specified individual, directing him to comply with the law. The order in itself carries no sanctions for violation; these are provided in section 310 of the ordinance. The Commission is to decide the case before it on the civil standard of evidence, simply whether on the evidence before it, it believes the allegations of the complaint.) Section 310. Suit to enforce. The Commission may within two (2) years after the entry of any order under section 309 of this ordinance, direct the city attorney to bring a suit in the district court of this county (or in any other court which may have jurisdiction over the party charged) for an injunction to compel obedience to its order. (Comment. If the charged party refuses to conform to the order of the Commission, it may direct the city attorney to bring a suit to enjoin the charged party from further violation. This is the real legal sanction in the statute, since a court may punish violation of the injunction as contempt. The city has no power to confer special jurisdiction on the district court. Thus there can be no special "judicial review" of orders as provided for the state commission in Code section 105A.10. The suit must be an ordinary suit in equity, under the ordinary procedural rules.
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