[HISTORY: Adopted by the City Commission of the City of Royal
Oak 3-4-2013 by Ord. No. 2013-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was approved by voters
at an election held 11-5-13.
It is the intent of the City that no person be denied equal
protection of the laws; nor shall any person be denied the enjoyment
of his or her civil or political rights or be discriminated against
because of actual or perceived race, color, religion, national origin,
sex, age, height, weight, condition of pregnancy, marital status,
physical or mental limitation, source of income, family responsibilities,
sexual orientation, gender identity or HIV status.
As used in this chapter, the following words and phrases shall
have the following meaning:
Chronological age.
To make a decision, offer to make a decision, or refrain
from making a decision, based in whole or in part on the actual or
perceived race, color, religion, national origin, sex, age, height,
weight, condition of pregnancy, marital status, physical or mental
limitation, source of income, family responsibilities, sexual orientation,
gender identity, or HIV status of another person, that person's
relatives, or that person's associates. Discrimination based
on sex includes sexual harassment, which means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct or
communication of a sexual nature when: a) submission to such conduct
or communication is, either explicitly or implicitly, made a term
or condition of obtaining employment, public accommodations, or housing;
b) submission to or rejection of such conduct or communication by
an individual is used as a factor in decisions affecting such individual's
employment, public accommodations or housing; and/or c) such conduct
or communication has the purpose or effect of substantially interfering
with an individual's employment, public accommodations or housing,
or creating an intimidating, hostile, or offensive employment, public
accommodations, or housing environment. Discrimination based upon
actual or perceived physical or mental limitation includes discrimination
because of the use of adaptive devices or aids by an individual.
The state of being or the potential to become a contributor
to the support of a person or persons in a family relationship.
A person's actual or perceived gender, including a person's
gender identity, self-image, appearance, expression, or behavior,
whether or not that gender identity, self-image, appearance, expression,
or behavior is different from that traditionally associated with the
person's sex at birth as being either female or male.
The physical condition of a person who has, or has been diagnosed
as having been infected with, the human immunodeficiency virus, whether
or not that person has or has been diagnosed as having acquired immunodeficiency
syndrome or acquired immunodeficiency syndrome related complex.
Any dwelling unit or facility used for a person to regularly
sleep and keep personal belongings including, but not limited to,
a house, apartment, rooming house, housing cooperative, hotel, motel,
tourist home, retirement home or nursing home.
The state of being married, unmarried, divorced, or widowed.
A limitation of mental capabilities unrelated to one's
ability to safely perform the work involved in jobs or positions available
to such person for hire or promotion; a limitation of mental capabilities
unrelated to one's ability to acquire, rent and maintain property;
or a limitation of mental capabilities unrelated to one's ability
to utilize and benefit from the goods, services, activities, privileges
and accommodations of a place of public accommodation. "Mental limitation"
includes, but is not limited to, developmental and psychological disabilities.
"Mental limitation" does not include any condition caused by the current
use of alcohol or the current illegal use of a controlled substance.
The perception of the person who acts, and not the perception
of the person for or against whom the action is taken.
A limitation of physical capabilities unrelated to one's
ability to safely perform the work involved in jobs or positions available
to such person for hire or promotion; a limitation of physical capabilities
unrelated to one's ability to acquire, rent and maintain property;
or a limitation of physical capabilities unrelated to one's ability
to utilize and benefit from the goods, services, activities, privileges
and accommodations of a place of public accommodation. "Physical limitation"
includes, but is not limited to, blindness or partial sightedness,
deafness or hearing impairment, muteness, partial or total absence
of physical member, speech impairment and motor impairment. "Physical
limitation" does not include any condition caused by the current use
of alcohol or the current illegal use of a controlled substance.
An educational, governmental, health, day care, entertainment,
cultural, recreational, refreshment, transportation, financial institution,
accommodation, business or other facility of any kind, whose goods,
services, facilities, privileges, advantages or accommodations are
extended, offered, sold or otherwise made available to the public,
or which receives financial support through the solicitation of the
general public or through governmental subsidy of any kind.
Male or female homosexuality, heterosexuality, or bisexuality,
by orientation or practice.
Any legal source from which a person obtains money.
A.
No person shall discriminate in leasing, selling or otherwise making
available any housing facilities.
B.
No person shall discriminate in the terms, conditions, maintenance,
or repair in providing any housing facility.
C.
No person shall refuse to lend money for the purchase or repair of
any real property or to insure any real property solely because of
the location in the City of such real property.
D.
No person shall promote real estate transactions by representing
that changes are occurring or will occur in an area with respect to
race, religion or national origin.
E.
No person shall place a sign or other display on any real property
which indicates that the property is for sale or has been sold when
it is not for sale or has not recently been sold.
No person shall discriminate in making available full and equal
access to all goods, services, activities, privileges and accommodations
of any place of public accommodation. No person shall prohibit a breastfeeding
mother from or segregate a breastfeeding mother within any public
accommodation where she and the child would otherwise be authorized
to be.
A.
No person shall discriminate in the employment, compensation, work
classifications, conditions or terms, promotion or demotion, or termination
of employment of any person.
B.
No person shall discriminate in limiting membership, conditions of
membership or termination of membership in any labor union or apprenticeship
program.
A.
No person shall adopt, enforce or employ any policy or requirement,
publish, post or broadcast any advertisement, sign or notice which
discriminates or indicates discrimination in providing housing, employment
or public accommodations.
B.
No person shall discriminate in the publication or distribution of
advertising material, information or solicitation regarding housing,
employment or public accommodations.
C.
No agent, broker, labor union, employment agency or any other intermediary
shall discriminate in making referrals, listings or providing information
with regard to housing, employment or public accommodations.
D.
No person shall coerce, threaten or retaliate against a person for
making a complaint or assisting in the investigation regarding a violation
or alleged violation of this chapter, nor require, request, conspire
with, assist or coerce another person to retaliate against a person
for making a complaint or assisting in an investigation.
E.
No person shall conspire with, assist, coerce or request another
person to discriminate in any manner prohibited by this chapter.
No person shall provide false information to any police officer
investigating an alleged violation of this chapter.
In cases involving alleged violations of this chapter, the City
may enter into agreements whereby persons agree to methods of terminating
discrimination or to reverse the effects of past discrimination. A
violation of such an agreement shall be a violation of this chapter.
The City Attorney may commence a civil action to enforce a conciliation
agreement.
No person shall adopt, enforce or employ any policy or requirement
which has the effect of creating unequal opportunities according to
actual or perceived race, color, religion, national origin, sex, age,
height, weight, condition of pregnancy, source of income, family responsibilities,
sexual orientation, marital status, physical or mental limitation,
gender identity or HIV status for a person to obtain housing, employment
or public accommodation, except for a bona fide business necessity.
Such a necessity does not arise due to a mere inconvenience or because
of suspected or actual objection to such a person by neighbors, customers,
or other persons.
Notwithstanding anything contained in this chapter, the following
practices shall not be violations of this chapter:
A.
For a religious organization or institution to restrict any of its
facilities of housing or accommodations which are operated as a direct
part of religious activities to persons of the denomination involved
or to restrict employment opportunities for officers, religious instructors
and clergy to persons of that denomination.
B.
For the owner of an owner-occupied one-family or two-family dwelling,
or a housing facility or public accommodation facility, respectively,
devoted entirely to the housing and accommodation of individuals of
one sex, to restrict occupancy and use on the basis of sex.
C.
To limit occupancy in a housing project or to provide public accommodations
or employment privileges or assistance to persons of low income, over
55 years of age, or who are handicapped.
D.
To engage in a bona fide effort to establish an affirmative action
program to improve opportunities in employment for minorities and
women.
E.
To discriminate based on a person's age when such discrimination
is required by state, federal or local law.
F.
To refuse to enter a contract with an unemancipated minor.
G.
To refuse to admit to a place of public accommodation serving alcoholic
beverages a person under the legal age for purchasing alcoholic beverages.
H.
To refuse to admit persons under 18 years of age to a business providing
entertainment or selling literature which the operator of said business
deems unsuitable for minors.
I.
For an educational institution to limit the use of its facilities
to those affiliated with such institution.
J.
To provide discounts on products or service to students, minors and
senior citizens.
K.
To discriminate in any arrangement for the sharing of a dwelling
unit.
L.
To restrict use of lavatories and locker room facilities on the basis
of sex.
M.
For a governmental institution to restrict any of its facilities
or to restrict employment opportunities based on duly adopted institutional
policies that conform to federal and state laws and regulations.
N.
To restrict participation in an instructional program, athletic event
or on an athletic team on the basis of age or sex.
A.
A violation of any provision of this chapter is a civil infraction,
punishable by a fine of not more than $500, plus the costs of investigation
and prosecution. Upon a finding or an admission of responsibility,
the court may issue and enforce any judgment, writ, or order necessary
to enforce this chapter.
B.
Each day upon which a violation occurs shall constitute a separate
violation.
C.
Nothing contained in this chapter shall be construed to limit in
any way the remedies, legal or equitable, which are available to the
City or any other person for the prevention or correction of discrimination.
Private actions and remedies shall be in addition to any actions for
a violation which the City may take.
