§ 17-36. Penalties and other remedies of the commission.

(a)

If a respondent has been found guilty of a violation of Articles II and III of this chapter in accordance with the procedures specified in section 17-34, the determination of the nature and extent of the penalty shall be vested in the entire commission considering any recommendations of the hearing board.

(b)

The fair employment and housing commission shall have the power to impose a penalty upon any person, firm or corporation violating the provisions of Articles II and III of this chapter in an amount no less than $100.00 nor more than as provided in section 1-5 of this Code for each such offense. Any penalty imposed by the commission pursuant to this subsection shall be based upon the evidence presented at a hearing pursuant to section 17-34 and upon a specific finding of such violation. The commission may order a respondent found guilty of a violation of Articles II and III of this chapter to pay all or a position of the legal costs incurred by the complainant as a result of prosecution of such violations; including reasonable attorney fees, transcription fees, and expert witness fees.

(1)

The commission shall have the power to order the respondent to pay to the complainant an amount for specific pecuniary loss such as, but not limited to, lost wages or higher paid rents for comparable facilities occasioned upon the complainant by the actions of the respondent. Any such award made by the commission pursuant to this subsection (b)(1) shall be based upon evidence adduced during and upon a specific finding after a hearing pursuant to section 17-34.

(2)

The commission shall have the power to order the respondent to hire, reinstate or upgrade the complainant with or without back pay or provide such fringe benefits as the complainant may have been denied.

(3)

The commission shall have the power to enter an order directing the respondent to cease and desist from unlawful discrimination and to take such action as necessary to make the individual complainant whole, and to report back to the commission as to the manner of compliance. The fair employment and housing commission shall retain jurisdiction of the case until it is satisfied that the respondent has complied with its order.

(c)

Any person who fails to comply with an order issued by the fair employment and housing commission as provided in this article shall, upon conviction in circuit court thereof, be assessed a penalty of not less than $100.00 nor more than as provided in section 1-5 of this Code for each such offense. The offense defined by this subsection is separate and distinct and in addition to any penalties provided for and imposed pursuant to any other subsections of this section.

(d)

Any decision of the fair employment and housing commission may be appealed to a court of competent jurisdiction within 35 days from the date the decision is entered.

(Ord. No. 16480, § 6, 10-13-09)