ࡱ>  bjbj 61,,ooooo8G7."!7#7#7#7#7#7#7$8r;`G7o;%9=^;%;%G7ooF\7---;%oo!7-;%!7--:2,c3#%3 7r7073R;Q,6;c3c3;oY6l-!$)"G7G7-^7;%;%;%;%;, 5: BILL NO.______________(As Amended) GENERAL ORDINANCE NO. G-xx-10 ORDINANCE AMENDING CHAPTER 93: DISCRIMINATION AND HUMAN RELATIONS OF THE CITY OF FORT WAYNE CODE OF ORDINANCES WHEREAS, it has been deemed necessary to amend certain parts of Chapter 93 Discrimination and Human Relations; and, WHEREAS, it is the policy of the City of Fort Wayne to provide all citizens equal opportunity for employment, education, fair housing and access to public accommodation; and, WHEREAS, an individuals Genetic Information and Gender Identity should not be a barrier to the individuals rights to equal opportunity any more than an individuals sex, race, color, religion, disability, ancestry, national origin or place of birth, age, and sexual orientation; and, WHEREAS, it is also necessary to amend parts of Chapter 93 Discrimination and Human Relations that reference any rights pertaining to disability rights of individuals to make them substantially equivalent with the Americans with Disabilities Amendments Act of 2008; and, WHEREAS, a new section 93.016B is added to Chapter 93 titled PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION WHEREAS, the following sections of Chapter 93 will be amended to include gender identity and genetic information: section 93.016 (A) (C), (D) (1)(a) and (c); section 93.017 (A) and (B); section 93.018; section 93.019; section 93.035 (1) and (4); section 93.055 (B); and, NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT WAYNE, INDIANA: SECTION 1. Section 93.001 Purpose; Findings of Fact, shall be deleted in its entirety and replaced with the following: Section 93.001 Purpose; Findings of Fact. Discrimination in social, cultural and economic life in Fort Wayne against any person or persons because of race, sex, color, religion, disability, ancestry, national origin, place of birth, age, sexual orientation, genetic information, and gender identity is contrary to American principles and is harmful to the social, cultural, and economic life of the city. Discrimination, particularly in employment opportunities, public accommodations, education, and housing, increases the burden and cost of government; and, such discrimination contributes to increased crime, vice, juvenile delinquency, fires and other evils, thereby affecting the public safety, public health, and general welfare of the community. It is therefore deemed to be in the best interests of the city to create a metropolitan Commission to administer and enforce any anti-discrimination legislation and ordinances, all as authorized by the Indiana Civil Rights Act. SECTION 2. Section 93.002 definitions shall be deleted in its entirety and replaced with the following: Section 93.002 Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: AGE. Age or age discrimination shall have the same meaning as defined in IC 22-9-2-1. DISABILITY. Physical or mental impairment as defined in Section 93.016A. DISCRIMINATION. Any difference in treatment based on race, sex, color, religion, disability, ancestry, national origin, place of birth or sexual orientation. DISCRIMINATION also shall mean the exclusion of a person from or failure or refusal to extend to a person equal opportunities because of race, sex, religion, color, disability, ancestry, national origin, place of birth, sexual orientation, gender identity, and genetic information. GENDER IDENTITY: A persons actual or perceived gender, including a persons self-image, appearance, expression, or behavior, whether or not that self-image, appearance, or behavior is different from that traditionally associated with the persons biological sex as assigned at birth as being either female or male. LABOR ORGANIZATION. Any organization which exists for the purpose, in whole or in part, of collective bargaining or dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment. NEIGHBORHOOD. A group of residences which are in relative proximity of each other within the metropolitan area of Fort Wayne, Indiana. OWNER. The lessor, sublessor, assignor or managing agent or other person having the right of ownership or possession or the right to sell, rent, or lease any housing accommodation. PERSON. An association, partnership or corporation, as well as a natural person. PERSON, as applied to partnerships or other associations, includes their members, and as applied to corporation, includes their officers and director. The term person also includes any individual acting in a fiduciary or representative capacity, whether appointed by the court or otherwise. The term shall include the City of Fort Wayne and all other units of local government within the territorial jurisdiction of said city, including Fort Wayne Community Schools, and all county departments within said territorial jurisdiction. REAL ESTATE BROKER. Any person as defined herein, who, or a fee or other valuable consideration, sells, purchases, exchanges, or rents or negotiates the sale, purchase exchange or rental of the real property of another, or holds himself or herself out as engaged in the business of selling, purchasing, exchanging or renting the real estate of another, or collects rental for the use of real property of another. REASONABLE ACCOMMODATION. May include: (1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification or equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. RETALIATION. The actions of any person in discrimination against any other person with regard to or denying any other person access to or opportunities in employment because any such other person has opposed any practice made unlawful by this chapter, or because such other person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under this chapter. (74 Code, 15-3) (Ord. G-21-78, passed 7-25-78; Am. Ord. G-22-00, passed 8-8-00) SEXUAL ORIENTATION. Male or female homosexuality, heterosexuality and bisexuality, real or perceived, by orientation or practice. SECTION 3. Section 93.021 shall be amended as follows: Section 93.021 Limited Powers for Complaints of Sexual orientation Discrimination and Gender Identity Discrimination With respect to complaints of discrimination based on sexual orientation and complaints based on gender identity, the Commissions authority shall be limited to power to accept such complaints, notify respondents of the complaint(s) and attempt voluntary investigation(s) and voluntary mediation(s). SECTION 4. The current Section 93.016A is hereby deleted and replaced with the following: 93.016AEMPLOYMENT DISCRIMINATION AGAINST PERSONS WITH DISABILITIES PROHIBITED. DEFINITIONS As used in this section: (1) COMMISSION. The Fort Wayne Metropolitan Human Relations Commission. (2) COVERED ENTITY. An employer, employment agency, labor organization, or joint labor- management committee. (3) DISABILITY.The term disability means, with respect to an individual (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (I) MAJOR LIFE ACTIVITIES.For purposes of the definition of disability, major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. (II) MAJOR BODILY FUNCTIONS.For purposes of paragraph (I) above, a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. (III) REGARDED AS HAVING SUCH AN IMPAIRMENT.For purposes of paragraph (3) (i) An individual meets the requirement of 'being regarded as having such an impairment' if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. (ii) Paragraph (3)(c) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. (4) RULES OF CONSTRUCTION REGARDING THE DEFINITION OF DISABILITY- In this sectionThe definition of disability in paragraph (3)(a)(b) and (c) shall be construed in accordance with the following: (A) The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this Ordinance, to the maximum extent permitted by the terms of this Ordinance. (B) The term substantially limits shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008. (C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability. (D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. (E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as (I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or auxiliary aids or services; or (IV) learned behavioral or adaptive neurological modifications. (ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. (iii) As used in this subparagraph (I) the term ordinary eyeglasses or contact lenses means lenses that are intended to fully correct visual acuity or eliminate refractive error; and (II) the term low-vision devices means devices that magnify, enhance, or otherwise augment a visual image.. (5). ADDITIONAL DEFINITIONS. As used in this section: (1) AUXILIARY AIDS AND SERVICES.The term auxiliary aids and services includes (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (C) acquisition or modification of equipment or devices; and (D) other similar services and actions. (6) DIRECT THREAT. A significant risk to the health or safety of self or others that cannot be eliminated by reasonable accommodation (7) EMPLOYEE. A person hired by a covered entity, a former employee, or an applicant for employment. (8) ILLEGAL USE OF DRUGS. (a) In general. The use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of federal law. (b) DRUGS. A controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act. (9) QUALIFIED INDIVIDUAL WITH A DISABILITY. An individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this title, consideration shall be given to the employers judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. (10) REASONABLE ACCOMMODATION. May include: (a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (b) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (11) UNDUE HARDSHIP. (a) An action requiring significant difficulty or expense, when considered in light of the factors set forth in subdivision (b). (b) Factors to be considered. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include: (i) The nature and cost of the accommodation needed under this Act; (ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii) The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. (B) DISCRIMINATION ON THE BASIS OF DISABILITY PROHIBITED. (1) General rule. No covered entity shall discriminate against a qualified individual with a disability on the basis of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. (2) Construction. As used in subdivision (1), the term discriminate includes: (a) Limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee on the basis of the disability of such applicant or employee; (b) Participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this title (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs); (c) Utilizing standards, criteria, or methods of administration: (i) That have the effect of discrimination on the basis of disability; or (ii) That perpetuate the discrimination of others who are subject to common administrative control; (d) Excluding or otherwise denying equal jobs or benefits to a qualified individual on the basis of the known disability of an individual with whom the qualified individual is known to have a relationship or association; (e) Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (f) Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant; (g) Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; (h) Failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure); and, (i) Retaliating against an employee for reporting a complaint to a governmental agency or otherwise engaging in a lawful exercise of the employees rights, regardless of whether or not the employee's complaint is determined by an agency of the government or court of law to be without sufficient merit or evidence. (3) Medical examinations and inquiries. (a) In general. The prohibition against discrimination as referred to in subdivision (a) shall include medical examinations and inquiries. (b) Pre-employment. (i) Prohibited examination or inquiry. Except as provided in subdivision (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability. (ii) Acceptable inquiry. A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions. (c) Employment entrance examination. A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if: (i) All entering employees are subjected to such an examination regardless of disability; (ii) Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and government officials investigating compliance with this Act shall be provided relevant information on request; and the results of such examination are used only in accordance with this title. (d) Examination and inquiry. (i) Prohibited examinations and inquiries. A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity. (ii) Acceptable examinations and inquiries. A covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions. (iii) Requirement. Information obtained under subdivision (ii) regarding the medical condition or history of any employee are subject to the requirements of subdivisions (c)(ii) and (iii). (C) DEFENSES (1) In general. It may be a defense to a charge of discrimination under this Act that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this title. (2) Qualification standards. The term "qualification standards" may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. (3) Religious entities. (a) In general. This title shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (b) Religious tenets requirement. Under this title, a religious organization may require that all applicants and employees conform to the religious tenets of such organization. (4) Persons with infectious and communicable diseases. (a) In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the United States Secretary of Health and Human Services pursuant to Section 103(d) of the Americans with Disabilities Act, and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling. (b) Construction. Nothing in this section shall be construed to preempt, modify, or amend any state, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissability published by the Secretary of Health and Human Services published pursuant to Section 103(d) of the Americans with Disabilities Act. (D) ILLEGAL USE OF DRUGS AND ALCOHOL. (1) Qualified individual with a disability. For purposes of this title, the term qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (2) Rules of construction. Nothing in subdivision (a) shall be construed to exclude as a qualified individual with a disability an individual who: (a) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (b) Is participating in a supervised rehabilitation program and is no longer engaging in such use; or (c) Is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subdivision (a) or (b) is no longer engaging in the illegal use of drugs. (3) Authority of covered entity. A covered entity: (a) May prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees; (b) May require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace; (c) May require that employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.); (d) May hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee. (4) Drug testing. (a) In general. For purposes of this title, a test to determine the illegal use of drugs shall not be considered a medical examination. (b) Construction. Nothing in this title shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results. SECTION 5. A new Section 93.016B is hereby added titled Genetic Information Non-Discrimination Act: 93.016B PROHIBITING EMPLOYMENT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION Sec. (A). Definitions. Sec. (B). Employer Practices Sec. (C). Employment agency practices.  HYPERLINK "http://www.govtrack.us/embed/sample-billtext.xpd?bill=h110-493&version=enr&nid=t0%3Aenr%3A27" \o "Extract this section"  HYPERLINK "http://www.govtrack.us/congress/?bill=h110-493&version=enr&nid=t0%3Aenr%3A27" \o "Link to this section" Sec. (D). Labor organization practices. HYPERLINK "http://www.govtrack.us/embed/sample-billtext.xpd?bill=h110-493&version=enr&nid=t0%3Aenr%3A28" \o "Extract this section"  HYPERLINK "http://www.govtrack.us/congress/?bill=h110-493&version=enr&nid=t0%3Aenr%3A28" \o "Link to this section"  Sec. (E). Training programs. HYPERLINK "http://www.govtrack.us/embed/sample-billtext.xpd?bill=h110-493&version=enr&nid=t0%3Aenr%3A29" \o "Extract this section"  HYPERLINK "http://www.govtrack.us/congress/?bill=h110-493&version=enr&nid=t0%3Aenr%3A29" \o "Link to this section"  Sec. (F). Confidentiality of genetic information. Sec. (G). Remedies and enforcement. HYPERLINK "http://www.govtrack.us/embed/sample-billtext.xpd?bill=h110-493&version=enr&nid=t0%3Aenr%3A31" \o "Extract this section"  HYPERLINK "http://www.govtrack.us/congress/?bill=h110-493&version=enr&nid=t0%3Aenr%3A31" \o "Link to this section"  HYPERLINK "http://www.govtrack.us/embed/sample-billtext.xpd?bill=h110-493&version=enr&nid=t0%3Aenr%3A32" \o "Extract this section"  HYPERLINK "http://www.govtrack.us/congress/?bill=h110-493&version=enr&nid=t0%3Aenr%3A32" \o "Link to this section"  Sec. (H). Construction. HYPERLINK "http://www.govtrack.us/embed/sample-billtext.xpd?bill=h110-493&version=enr&nid=t0%3Aenr%3A33" \o "Extract this section"  HYPERLINK "http://www.govtrack.us/congress/?bill=h110-493&version=enr&nid=t0%3Aenr%3A33" \o "Link to this section"  Sec. (I). Medical information that is not genetic information. HYPERLINK "http://www.govtrack.us/embed/sample-billtext.xpd?bill=h110-493&version=enr&nid=t0%3Aenr%3A34" \o "Extract this section"  HYPERLINK "http://www.govtrack.us/congress/?bill=h110-493&version=enr&nid=t0%3Aenr%3A34" \o "Link to this section"  (A) DEFINITIONS. In this title: (1) COMMISSION. The Fort Wayne Metropolitan Human Relations Commission (2) COVERED ENTITY. An employer, employment agency, labor organization, or joint labor-management committee. (3) FAMILY MEMBER- The term `family member' means, with respect to an individual-- (a) a dependent (as such term is used for purposes of section 701(f)(2) of the Employee Retirement Income Security Act of 1974) of such individual, and (b) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A). (4) GENETIC INFORMATION- (a) IN GENERAL- The term `genetic information' means, with respect to any individual, information about-- (i) such individual's genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual. (b) INCLUSION OF GENETIC SERVICES AND PARTICIPATION IN GENETIC RESEARCH- Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. (c) EXCLUSIONS- The term `genetic information' shall not include information about the sex or age of any individual. (5) GENETIC MONITORING- The term `genetic monitoring' means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, that may have developed in the course of employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the effects of or control adverse environmental exposures in the workplace. (6) GENETIC SERVICES- The term `genetic services' means-- (A) a genetic test; (B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or (C) genetic education. (7) GENETIC TEST- (A) IN GENERAL- The term `genetic test' means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes. (B) EXCEPTIONS- The term `genetic test' does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes. (B) EMPLOYER PRACTICES. (1) Discrimination Based on Genetic Information- It shall be an unlawful employment practice for an employer-- (a) to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of genetic information with respect to the employee; or (b) to limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of genetic information with respect to the employee. (2) Acquisition of Genetic Information- It shall be an unlawful employment practice for an employer to request, require, or purchase genetic information with respect to an employee or a family member of the employee except-- (a) where an employer inadvertently requests or requires family medical history of the employee or family member of the employee; (b) where-- (i) health or genetic services are offered by the employer, including such services offered as part of a wellness program; (ii) the employee provides prior, knowing, voluntary, and written authorization; (iii) only the employee (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and (iv) any individually identifiable genetic information provided under subparagraph (iii) in connection with the services provided under subparagraph (i) is only available for purposes of such services and shall not be disclosed to the employer except in aggregate terms that do not disclose the identity of specific employees; (c) where an employer requests or requires family medical history from the employee to comply with the certification provisions of section 103 of the Family and Medical Leave Act of 1993 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=2613" \t "_blank" 29 U.S.C. 2613) or such requirements under State family and medical leave laws; (d) where an employer purchases documents that are commercially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; (e) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if-- (i) the employer provides written notice of the genetic monitoring to the employee; (ii) (A) the employee provides prior, knowing, voluntary, and written authorization; or (B) the genetic monitoring is required by Federal or State law; (iii) the employee is informed of individual monitoring results; (iv) the monitoring is in compliance with-- (A) any Federal genetic monitoring regulations, including any such regulations that may be promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=30§ion=801" \t "_blank" 30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=2011" \t "_blank" 42 U.S.C. 2011 et seq.); or (B) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.); and (v) the employer, excluding any licensed health care professional or board certified genetic counselor that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific employees; or (f) where the employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification, and requests or requires genetic information of such employer's employees, but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination. (3) Preservation of Protections- In the case of information to which any of paragraphs (a) through (f) of subsection (b) applies, such information may not be used in violation of paragraph (a) or (b) of subsection (1) or treated or disclosed in a manner that violates section (G). (C) EMPLOYMENT AGENCY PRACTICES. (1) Discrimination Based on Genetic Information- It shall be an unlawful employment practice for an employment agency-- (a) to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of genetic information with respect to the individual; (b) to limit, segregate, or classify individuals or fail or refuse to refer for employment any individual in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the status of the individual as an employee, because of genetic information with respect to the individual; or (c) to cause or attempt to cause an employer to discriminate against an individual in violation of this title. (2) Acquisition of Genetic Information- It shall be an unlawful employment practice for an employment agency to request, require, or purchase genetic information with respect to an individual or a family member of the individual except-- (a) where an employment agency inadvertently requests or requires family medical history of the individual or family member of the individual; (b) where-- (i) health or genetic services are offered by the employment agency, including such services offered as part of a wellness program; (ii) the individual provides prior, knowing, voluntary, and written authorization; (iii) only the individual (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and (iv) any individually identifiable genetic information provided under subparagraph (iii) in connection with the services provided under subparagraph (i) is only available for purposes of such services and shall not be disclosed to the employment agency except in aggregate terms that do not disclose the identity of specific individuals; (c) where an employment agency requests or requires family medical history from the individual to comply with the certification provisions of section 103 of the Family and Medical Leave Act of 1993 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=2613" \t "_blank" 29 U.S.C. 2613) or such requirements under State family and medical leave laws; (d) where an employment agency purchases documents that are commercially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; or (e) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if-- (i) the employment agency provides written notice of the genetic monitoring to the individual; (ii)(A) the individual provides prior, knowing, voluntary, and written authorization; or (B) the genetic monitoring is required by Federal or State law; (iii) the individual is informed of individual monitoring results; (iv) the monitoring is in compliance with-- (A) any Federal genetic monitoring regulations, including any such regulations that may be promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=30§ion=801" \t "_blank" 30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=2011" \t "_blank" 42 U.S.C. 2011 et seq.); or (B) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.); and (v) the employment agency, excluding any licensed health care professional or board certified genetic counselor that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific individuals. (3) Preservation of Protections- In the case of information to which any of paragraphs (a) through (f) of subsection (C) applies, such information may not be used in violation of paragraph (a), (b), or (c) of subsection (1) or treated or disclosed in a manner that violates section (G). (D) LABOR ORGANIZATION PRACTICES. (1) Discrimination Based on Genetic Information- It shall be an unlawful employment practice for a labor organization-- (a) to exclude or to expel from the membership of the organization, or otherwise to discriminate against, any member because of genetic information with respect to the member; (b) to limit, segregate, or classify the members of the organization, or fail or refuse to refer for employment any member, in any way that would deprive or tend to deprive any member of employment opportunities, or otherwise adversely affect the status of the member as an employee, because of genetic information with respect to the member; or (c) to cause or attempt to cause an employer to discriminate against a member in violation of this title. (2) Acquisition of Genetic Information- It shall be an unlawful employment practice for a labor organization to request, require, or purchase genetic information with respect to a member or a family member of the member except-- (a) where a labor organization inadvertently requests or requires family medical history of the member or family member of the member; (b) where-- (i) health or genetic services are offered by the labor organization, including such services offered as part of a wellness program; (ii) the member provides prior, knowing, voluntary, and written authorization; (iii) only the member (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and (iv) any individually identifiable genetic information provided under subparagraph (iii) in connection with the services provided under subparagraph (i) is only available for purposes of such services and shall not be disclosed to the labor organization except in aggregate terms that do not disclose the identity of specific members; (c) where a labor organization requests or requires family medical history from the members to comply with the certification provisions of section 103 of the Family and Medical Leave Act of 1993 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=2613" \t "_blank" 29 U.S.C. 2613) or such requirements under State family and medical leave laws; (d) where a labor organization purchases documents that are commercially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; or (e) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if-- (i) the labor organization provides written notice of the genetic monitoring to the member; (ii)(A) the member provides prior, knowing, voluntary, and written authorization; or (B) the genetic monitoring is required by Federal or State law; (iii) the member is informed of individual monitoring results; (iv) the monitoring is in compliance with-- (A) any Federal genetic monitoring regulations, including any such regulations that may be promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=30§ion=801" \t "_blank" 30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=2011" \t "_blank" 42 U.S.C. 2011 et seq.); or (B) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.); and (v) the labor organization, excluding any licensed health care professional or board certified genetic counselor that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific members. (3) Preservation of Protections- In the case of information to which any of paragraphs (a) through (e) of subsection (2) applies, such information may not be used in violation of paragraph (a), (b), or (c) of subsection (1) or treated or disclosed in a manner that violates section (G). (E) TRAINING PROGRAMS. (1) Discrimination Based on Genetic Information- It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs-- (a) to discriminate against any individual because of genetic information with respect to the individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining; (b) to limit, segregate, or classify the applicants for or participants in such apprenticeship or other training or retraining, or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the status of the individual as an employee, because of genetic information with respect to the individual; or (c) to cause or attempt to cause an employer to discriminate against an applicant for or a participant in such apprenticeship or other training or retraining in violation of this title. (2) Acquisition of Genetic Information- It shall be an unlawful employment practice for an employer, labor organization, or joint labor-management committee described in subsection (1) to request, require, or purchase genetic information with respect to an individual or a family member of the individual except-- (a) where the employer, labor organization, or joint labor-management committee inadvertently requests or requires family medical history of the individual or family member of the individual; (b) where-- (i) health or genetic services are offered by the employer, labor organization, or joint labor-management committee, including such services offered as part of a wellness program; (ii) the individual provides prior, knowing, voluntary, and written authorization; (iii) only the individual (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and (iv) any individually identifiable genetic information provided under subparagraph (iii) in connection with the services provided under subparagraph (i) is only available for purposes of such services and shall not be disclosed to the employer, labor organization, or joint labor-management committee except in aggregate terms that do not disclose the identity of specific individuals; (c) where the employer, labor organization, or joint labor-management committee requests or requires family medical history from the individual to comply with the certification provisions of section 103 of the Family and Medical Leave Act of 1993 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=2613" \t "_blank" 29 U.S.C. 2613) or such requirements under State family and medical leave laws; (d) where the employer, labor organization, or joint labor-management committee purchases documents that are commercially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; (e) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if-- (i) the employer, labor organization, or joint labor-management committee provides written notice of the genetic monitoring to the individual; (ii)(A) the individual provides prior, knowing, voluntary, and written authorization; or (B) the genetic monitoring is required by Federal or State law; (iii) the individual is informed of individual monitoring results; (iv) the monitoring is in compliance with-- (A) any Federal genetic monitoring regulations, including any such regulations that may be promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=30§ion=801" \t "_blank" 30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=2011" \t "_blank" 42 U.S.C. 2011 et seq.); or (B) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=651" \t "_blank" 29 U.S.C. 651 et seq.); and (v) the employer, labor organization, or joint labor-management committee, excluding any licensed health care professional or board certified genetic counselor that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific individuals; or (f) where the employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification, and requests or requires genetic information of such employer's apprentices or trainees, but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination. (3) Preservation of Protections- In the case of information to which any of paragraphs (a) through (f) of subsection (2) applies, such information may not be used in violation of paragraph (a), (b), or (c) of subsection (1) or treated or disclosed in a manner that violates section (G). (F) CONFIDENTIALITY OF GENETIC INFORMATION. (1) Treatment of Information as Part of Confidential Medical Record- If an employer, employment agency, labor organization, or joint labor-management committee possesses genetic information about an employee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member. An employer, employment agency, labor organization, or joint labor-management committee shall be considered to be in compliance with the maintenance of information requirements of this subsection with respect to genetic information subject to this subsection that is maintained with and treated as a confidential medical record under section 102(d)(3)(B) of the Americans With Disabilities Act ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=12112" \t "_blank" 42 U.S.C. 12112(d)(3)(B)). (2) Limitation on Disclosure- An employer, employment agency, labor organization, or joint labor-management committee shall not disclose genetic information concerning an employee or member except-- (a) to the employee or member of a labor organization (or family member if the family member is receiving the genetic services) at the written request of the employee or member of such organization; (b) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations; (c) in response to an order of a court, except that-- (i) the employer, employment agency, labor organization, or joint labor-management committee may disclose only the genetic information expressly authorized by such order; and (ii) if the court order was secured without the knowledge of the employee or member to whom the information refers, the employer, employment agency, labor organization, or joint labor-management committee shall inform the employee or member of the court order and any genetic information that was disclosed pursuant to such order; (d) to government officials who are investigating compliance with this title if the information is relevant to the investigation; (e) to the extent that such disclosure is made in connection with the employee's compliance with the certification provisions of section 103 of the Family and Medical Leave Act of 1993 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=2613" \t "_blank" 29 U.S.C. 2613) or such requirements under State family and medical leave laws; or (f) to a Federal, State, or local public health agency only with regard to information that is described in section 201(4)(A)(iii) and that concerns a contagious disease that presents an imminent hazard of death or life-threatening illness, and that the employee whose family member or family members is or are the subject of a disclosure under this paragraph is notified of such disclosure. (3) Relationship to HIPAA Regulations- With respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=1320d" \t "_blank" 42 U.S.C. 1320d et seq.) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=1320d-2" \t "_blank" 42 U.S.C. 1320d-2 note), this title does not prohibit a covered entity under such regulations from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (G) REMEDIES AND ENFORCEMENT. (1) See 93.054 Powers and Duties and 93.999 Penalty (2) Prohibition Against Retaliation- No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by section 93.016B or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. (3) Definition- In this section, the term `Commission' means the Metropolitan Human Relations Commission (H) CONSTRUCTION. (1) In General- Nothing in section 93.016B shall be construed to-- (a) limit the rights or protections of an individual under any other Federal or State statute that provides equal or greater protection to an individual than the rights or protections provided for under this title, including the protections of an individual under the Americans with Disabilities Amendments Act of 2008 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=12101" \t "_blank" 42 U.S.C. 12101 et seq.) (including coverage afforded to individuals under section 102 of such Act ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=42§ion=12112" \t "_blank" 42 U.S.C. 12112)), or under the Rehabilitation Act of 1973 ( HYPERLINK "http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=29§ion=701" \t "_blank" 29 U.S.C. 701 et seq.); (b)(i) limit the rights or protections of an individual to bring an action under this title against an employer, employment agency, labor organization, or joint labor-management committee for a violation of this section. (2) Genetic Information of a Fetus or Embryo- Any reference in this section to genetic information concerning an individual or family member of an individual shall-- (a) with respect to such an individual or family member of an individual who is a pregnant woman, include genetic information of any fetus carried by such pregnant woman; and (b) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic information of any embryo legally held by the individual or family member. (I) MEDICAL INFORMATION THAT IS NOT GENETIC INFORMATION. An employer, employment agency, labor organization, or joint labor-management committee shall not be considered to be in violation of section 93.016B based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member, including a manifested disease, disorder, or pathological condition that has or may have a genetic basis. SECTION 6. These amendments to this Ordinance shall be in immediate full force and effect upon all necessary approval by the Mayor, or an override of a Mayoral veto, and any legal publication required by Indiana law thereof. ______________________________ Karen Goldner, Council Member APPROVED AS TO FORM AND LEGALITY: ______________________________________ City Council Attorney       PAGE  PAGE 18  #+@B, 4 % 5        Q ' ( ) * 1 4 p}cmowŻ޷ hJVFhk:2h}z6hk:25CJ aJ h*h<h hgch<h<5h<hghM5\h}z6hM5\ h}z6hMh}z6hM5hMh*hk:25 h}z6hk:2 h5hk:2 hk:253#ABa* +    $a$gd~*$a$gd~* $@&a$gd~*$@&^`a$gd~*gd~*_`bcwx$ $@&a$gd~*`gd~*gd~*$p]p^a$gd~* p]p^gd~*$p@&]p^a$gd~*w}/0%3ip'(\]sut!!!!!!"2"i"j""#䥞򻍻 hM5h}z6hk:25CJ aJ hJVFhk:2hJVFhk:256h~*h}z6hoL hk:25hA}hk:256h0Luh=hv _hk:256h h, hk:256 hFhk:2hk:2hk:256\]7$%hirstus!t!!!!1"2"""##`gd~*gd~*##3$$$$m%%&'+)v)*+F,--d`]^`gd~*d`]^gd~*d`]^`gd~*d`]^gd~*,^,gd~* & Fgd~*gd~*gd~*###<$G$$$$$$$$$$$$$$ %Q%\%^%c%m%q%{%%%%.&/&U&V&&&&&&&''((((쥗yyyqyyyyyh~*mH sH hbZh3MWmH sH h3MWmH sH hbZhk:2mH sH huYhk:256mH sH huYhk:2mH sH hoL\]hk:256\]hoLhrhrhk:2>*hrhk:25>*hrhr56>*]h,hk:2h}z6hk:25CJ aJ h}z6,(+),)/)r)u)w)x)******+++++,,,,,,,-a/+2,213234363L3^3e355F5G5H5N5\55555<6=6C6X677˸øhk:256\]hf2hk:2hf2mH sH hoLhf25mH sH hf2h,mH sH hf2hf2mH sH hoLmH sH hrhrmH sH hoLh3MW5mH sH h3MWmH sH hrh3MWmH sH hbZh3MWmH sH 5-%..a/001@12+2213N3g33H445F55;6`gd~*^gd~*d`]^gd~*d`]^`gd~*d`]^gd~*;6Y67/8^:: ;t<<==>??@6AtAB+CDEX^Xgd~* ^`gd~*^gd~* ^`gd~*gd~* 0^`0gdR^gdR^gd~*`gd~*7.8/8081838Z8888_:a:g::u<w<}<<6A7A8A>ArAsA|AABB+C/CFFdGrGqOOOOLSMSVV Z Z ZZZZZZ%Z0Z[\\\^"_XcYc_cccdd hhh56]hhf25hh5h~*hEWh^' hf26]h+h+56]h+hf25hoLhk:256\]hf2hRhk:2AE;FF GG8I\JK!N_OO&PMPqQR9SSXVVWEYZ ZZ[ <^`<gd~*^gd~* ^`gd~*^gd~*gd~*[\\)^^#_aRccd/e ftfg:hh.iik1kkllmgd~*^gd~* <^`<gd~*^gd~*gd~*X^Xgd~* h'h#k0klllllmm)msmtm{m~mmmmmmmmmmmmmVnYnnnnnnnn{o~ooooooopppp qqqqqqBqHqIqJqeqjhgh^U hgh^hGh^hgh^5\ h^5\hk:2h=h}z6h=CJ aJ h}z6h}z65CJ aJ h}z6h=5CJ aJ hR5CJ aJ hf2 hf26];mmsmtmmmmoqBqbsxtuuuuuu v!v $^a$gd~* $^a$gd~*$a$gd~* $`a$gd~*$0^`0a$gd~*$a$gd~*gd~*eqfqqqardrrr_sasbshsisjsyszsstutwtxt}ttttt;u>uuuuuuuuuuuuu v%vvvv|w~w(x)x*x,xCxExjylyzz{{{|||}}}~2~  hLh^ h^h^hLh^B*phhGh^5 hG5\ h^5\h,hGh^ hgh^jhgh^UE!vvvv|w)x*xCxxxyjyz{{||}3}}}}}m~ $@ ^@ a$gd~* $p^pa$gd~* $^a$gd~*$p0^p`0a$gd~*m~ &'ˁ́/0<4{| $^a$gd~*$p^p`a$gd~*$^`a$gd~*$^`a$gd~* $`a$gd~*$a$gd~* $p^pa$gd~*$%&')+Vˁ́΁Ё/02<> 47i˅{|~89wyˉΉω҉#%cgЊҊ?źźhgh^B* phjhgh^UhGh}h^5 hgh^hGh^5h^hhG5hh^5Iwˉ#cЊjÏ>?XYz{$a$gd~* $^a$gd~* $@ ^@ a$gd~*$p^p`a$gd~* $p^pa$gd~* $^a$gd~*?@LM[\jl&'Ïŏ>?AC^xޑ6VWXYZ[\]xyz{}\]_aKLNۖܖޖloh}h^5 h5hh^5hh^5hh^hgh^B* ph hgh^jhgh^UJ\]KLۖܖl?›Q I $p^pa$gd~* $^a$gd~* $^a$gd~*×"Dd?Aop~›ěQS IMuvݟޟ'(ˠ̠45CDRTvwң*RФѤӤԤդ֤hh5hh^5h}h^5hhgh^B* phjhgh^U hgh^h^MRҤӤop !{|̨ͨTUa5 $^a$gd~*$a$gd~* $^a$gd~* $p^pa$gd~* $@ ^@ a$gd~*֤פؤ&opr !#{|~ ̨ͨϨTUWac59_b߫stܭݭ./1'(* oqױر?@MN-hgh^B* phjhgh^Uh}h^5hhh^5 hgh^h^P5_./'(o12IJVW$a$gd~* $^a$gd~* $@ ^@ a$gd~* $^a$gd~* $p^pa$gd~*-.pqشٴ1K/123456HIJLNyVWY679ۺܺݺ޺.NѼҼԼSVԿŻh nh^5 hgh h^5 h5hh^5 h5hHMh^5hh^hgh^B* ph hgh^jhgh^UDW67ۺܺѼҼSԿV /0U1] $p^pa$gd~* $^a$gd~* $^a$gd~*Կ׿ +KkVXNO /02U[14]_45BCpq)*9;4N24567 h5hh^5h nh^5hhgh^B* phjhgh^U hgh^h^N]945ab~FG},wx$a$gd~* $^a$gd~* $^a$gd~* $p^pa$gd~* $@ ^@ a$gd~*789`abdfhi ~FGI},/wxz-.stv"-. -./012JL h}5h}h^5 h~*5h}hgh^B* phjhgh^Uh nh^5h hgh^h^hh^5Gst-.LMwx9:tuRS$a$gd~* $^a$gd~* $^a$gd~*LN8wxyz| 9:<bmtz{JKZ[hituz+RSUWgƻƻƻhgh^B* phjhgh^Uh} h}5h}h^5h nh nh^5 hgh^ h^h^h^Fgh_`BCk@&gdR $@&a$gd~*@&gd~*gd~*$a$gd~* $^a$gd~* $^a$gd~*ghijkl 6^_`hjCj ÿ{{{ph`0JmHnHu h*0Jjh*0JUh*jh*UmHnHuh2%jh2%Uh/ h,5 hk:25h,hJVFhk:2h}z65CJ aJ h}z6h=5CJ aJ h n hgh^h^ h n5h nh^5heC]h^B*ph,@&gdR &`#$gdk:2h/h2%jh*UmHnHuh* h*0Jjh*0JU} 0+p,p-p.p1F/R 4567:p/ =!"#$% ^ 2 0@P`p2( 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p8XV~_HmH nH sH tH @`@ k:2NormalCJ_HaJmH sH tH N@2N k:2 Heading 3dd@&[$\$5CJ\aJDA`D Default Paragraph FontRiR  Table Normal4 l4a (k (No List 4 @4 k:2Footer  !.)@. k:2 Page NumberB^@B k:2 Normal (Web)dd[$\$6O"6 ^ Normal (Web)5H2H '. 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