Town of Brighton, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brighton 12-10-2014 by L.L. No. 11-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 117.
A. 
The Town Board of the Town of Brighton ("Town") reaffirms that the Town has the responsibility to act to ensure that every individual within the Town is afforded an equal opportunity to enjoy a full and productive life, and that the failure to provide such equal opportunity, whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care, not only threatens the rights and proper privileges of its inhabitants, but menaces the institutions and foundations of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants. Transgender individuals do not presently have protection from discrimination under state law. The Town Board of the Town of Brighton wishes to provide a method of redress for discrimination based on gender identity and expression with remedies and damages to be awarded commensurate with relief awarded to other protected groups.
B. 
The Town Board of the Town of Brighton's purpose is to ensure that individuals who live in our free society have the capacity to make their own choices, follow their own beliefs and conduct their lives as they see fit, consistent with existing law.
The authority of this chapter shall be in the exercise of the municipal home rule powers under § 10 of the Municipal Home Rule Law of the State of New York and for the protection of the public health, welfare, and well-being of the people of this Town and at property located therein.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL SPACE
Any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof.
DISCRIMINATION
Any direct or indirect act, policy or practice of exclusion, distinction, restriction, segregation, separation, limitation, refusal, denial or any other act or practice of differentiation or preference; or the aiding, abetting, inciting, coercing or compelling thereof.
EMPLOYEE
Does not include any individual employed by her or his parents, spouse or child.
EMPLOYER
Does not include any employer with fewer than four persons in her or his employ.
EMPLOYMENT AGENCY
Includes any person undertaking to procure employees or opportunities to work.
GENDER IDENTITY AND EXPRESSION
A person's actual or perceived gender identity, gender-related self-image, gender-related appearance, gender-related behavioral or physical characteristics, or gender-related expression, whether or not that gender identity, gender-related self-image, gender-related appearance, gender-related behavioral or physical characteristics, or gender-related expression is different from that traditionally associated with the person's sex assigned at birth. This shall include but not be limited to:
A. 
Transsexuals in all stages of transition, including preoperative, postoperative and persons living in a gender other than their birth sex;
B. 
Persons (including cross-dressers) whose gender expression occasionally differs from their sex assigned at birth; and
C. 
Intersexed persons born with anatomy or physiology that includes medical characteristics of both male and female whose sex was assigned at birth and who sometimes manifest physical characteristics, expressions or identity that differs from the sex assigned at birth.
HOUSING ACCOMMODATION
Includes any building, structure, or portion thereof located in the Town which is used or occupied or is intended, arranged or designed to be used or occupied as the home, residence or sleeping place of one or more human beings.
LABOR ORGANIZATION
Includes any organization which exists and 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 of other mutual aid or protection in connection with employment.
PERSON
Includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT
Shall have the same meaning as that defined in New York State Civil Rights Law § 40.
REAL ESTATE BROKER
Any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate. In the sale of lots pursuant to the provisions of Article 9-A of the Real Property Law, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange of any such lot or parcel of real estate.
REAL ESTATE SALESPERSON
A person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker.
TOWN
The Town of Brighton in the County of Monroe and State of New York.
UNLAWFUL DISCRIMINATORY PRACTICE
Includes those practices specified in this chapter.
A. 
Nothing in this chapter shall apply to any institution, club, or place of accommodation which is in its nature distinctly private as defined by New York State Civil Rights Law § 40.
B. 
Nothing in this chapter shall prevent religious faiths from establishing and maintaining educational institutions exclusively or primarily for students of their own religious faith.
A. 
The opportunity to obtain employment without discrimination because of gender identity and expression is hereby recognized as and declared to be a civil right. The opportunity to obtain education, the use of places of public accommodation and the ownership, use and occupancy of housing accommodations and commercial space without discrimination because of gender identity and expression is hereby recognized and declared to be a civil right.
(1) 
Employment. It shall be unlawful:
(a) 
For an employer or licensing agency in the Town, because of the gender identity and expression of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.
(b) 
For an employment agency in the Town or placing individuals in the Town to discriminate against any individual because of gender identity and expression in receiving, classifying, disposing or otherwise acting upon applications for its services or in referring an applicant or applicants to an employer or employers.
(c) 
For a labor organization in the Town to exclude or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, because of gender identity and expression of such individual.
(d) 
For any employer or employment agency in the Town or placing individuals in the Town to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to gender identity and expression, or any intent to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.
(e) 
Guidance and training programs and apprenticeships:
[1] 
To deny to or withhold from any person because of gender identity and expression the right to be admitted to or participate in a guidance program, an apprenticeship training program or other occupational training or training program in the Town; or
[2] 
To discriminate against any person in his or her pursuit of such programs in the Town or to discriminate against such a person in the terms, conditions or privileges of such programs in the Town because of gender identity and expression; or
[3] 
To print or circulate in the Town or cause to be printed or circulated in the Town any statement, advertisement or publication, or to use any form of application for such programs or to make inquiry in connection with such program which expresses, directly or indirectly, any limitation, specification or discrimination as to gender identity and expression, or any intention to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification.
(2) 
Public accommodation. It shall be unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement in the Town, because of the gender identity and expression of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, including the extension of credit, or, directly or indirectly, to publish, circulate, issue, display, post or mail in the Town or into the Town any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of gender identity and expression, or that the patronage or custom thereat of any person of or purporting to be any particular gender identity and expression is unwelcome, objectionable or not acceptable, desired or solicited.
(3) 
Housing accommodations.
(a) 
It shall be unlawful:
[1] 
To refuse to rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the gender identity and expression of such person or persons.
[2] 
To cause to be made any written or oral inquiry or record concerning the gender identity and expression of a person seeking to rent or lease any housing accommodation.
(b) 
It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent, or lease a housing accommodation, commercial space, constructed or to be constructed, or land, or any agent or employee thereof:
[1] 
To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons because of the gender identity and expression of such person or persons.
[2] 
To discriminate against any person because of his or her gender identity and expression in the terms, conditions or privileges of the sale, rental or lease or in the furnishing of facilities or services in connection therewith.
[3] 
To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease or to make any record or inquiry in connection with the prospective purchase, rental or lease which expresses, directly or indirectly, any limitation, specification or discrimination as to gender identity and expression, or any intent to make any such limitation, specification or discrimination.
(c) 
It shall be an unlawful discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof:
[1] 
To refuse to sell, rent or lease any housing accommodation, land or commercial space to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accommodation, land or commercial space to any person because of the gender identity and expression of such person or persons, or to represent that any housing accommodation, land or commercial space is not available for inspection, sale, rental or lease when in fact it is so available, or otherwise to deny or withhold any housing accommodation, land or commercial space or any facilities of any housing accommodation, land or commercial space from any person or group of persons because of the gender identity and expression of such person or persons.
[2] 
To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of any housing accommodation, land or commercial space or to make any record of inquiry in connection with the prospective purchase, rental or lease of any housing accommodation, land or commercial space which expresses, directly or indirectly, any limitation, specification, or discrimination as to gender identity and expression or any intent to make any such limitation, specification or discrimination.
[3] 
To represent that a change has occurred or will or may occur in the composition with respect to gender identity and expression of the owners or occupants in the block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other facilities.
(d) 
Credit. It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof:
[1] 
In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space, to discriminate against any such applicant because of the gender identity and expression of such applicant or applicants or any member, stockholder, director, officer or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions, of any such credit.
[2] 
To discriminate in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of, any form of credit, on the basis of gender identity and expression.
[3] 
To use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to gender identity and expression.
[4] 
To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's gender identity and expression.
(4) 
Education.
(a) 
It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be nonsectarian and exempt from taxation pursuant to the provisions of Article 4 of the Real Property Tax Law to deny the use of its facilities to any person otherwise qualified by reason of his or her gender identity and expression.
(b) 
It shall be an unlawful educational practice for an educational institution to exclude or limit or otherwise discriminate against any person or persons seeking admission as students to such institution or to any educational program or course operated or provided by such institution because of gender identity and expression; except that nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference in such selection to such members or to make such selection of its students as is calculated by such institution to promote the religious principles for which it is established or maintained. Nothing contained herein shall impair or abridge the right of an independent institution, which establishes or maintains a policy of educating persons of one sex exclusively, to admit students of only one sex.
(5) 
Civil rights. No person, because of gender identity and expression, shall be subjected to any discrimination in his or her civil rights, or to any harassment in the exercise thereof, by any person or by any firm, corporation, or institution located in the Town, or by the Town or any agency of the Town.
B. 
Enforcement. Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of appropriate jurisdiction for damages and such remedies as may be appropriate.
Any action brought for violation of this chapter must be commenced within one year after the alleged unlawful discriminatory practice.