[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:
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.
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.
Does not include any individual employed by her or his parents,
spouse or child.
Does not include any employer with fewer than four persons
in her or his employ.
Includes any person undertaking to procure employees or opportunities
to work.
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:
Transsexuals in all stages of transition, including preoperative,
postoperative and persons living in a gender other than their birth
sex;
Persons (including cross-dressers) whose gender expression occasionally
differs from their sex assigned at birth; and
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.
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.
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.
Includes one or more individuals, partnerships, associations,
corporations, legal representatives, trustees, trustees in bankruptcy,
or receivers.
Shall have the same meaning as that defined in New York State
Civil Rights Law § 40.
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.
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.
The Town of Brighton in the County of Monroe and State of
New York.
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.
