A.
It is the intent of the City of Kalamazoo that no person be denied
the equal protection of the laws; nor shall any person be denied the
enjoyment of their civil rights.
B.
The prohibitions against discrimination provided for in this chapter
do not preempt federal or state law, but are intended to supplement
existing state and federal civil rights law to prohibit discrimination
in the areas of employment, public accommodations, and housing not
addressed at state or federal law, especially in regards to actions
taken because of an individual's source of income, status as
a victim of domestic violence, prior arrests, or conviction record;
provided, however, this chapter shall be construed and applied in
a manner consistent with First Amendment jurisprudence regarding the
freedom of speech and exercise of religion.
As used in this chapter, the following words and phrases have
the following meanings:
Chronological age.
Information indicating that a person has been apprehended,
detained, taken into custody, held for investigation, or restrained
by a law enforcement department or military authority due to an accusation
or suspicion that the person committed a crime. Arrest record includes
pending criminal charges, where the accusation has not yet resulted
in a final judgment, acquittal, conviction, plea, dismissal, or withdrawal
of charges.
The City Manager of the City of Kalamazoo or his or her designee.
A person who by contract furnishes services, materials or
supplies to the City. "Contractor" does not include persons who are
merely creditors or debtors of the City, such as those holding the
City's notes or bonds or persons whose notes, bonds or stock
is held by the City.
Information regarding the history of criminal convictions
of an individual in any jurisdiction, including time served in prison,
jail, juvenile detention, probation, parole, rehabilitation or diversion
programs, and placement on a sex offender registry.
A determinable physical or mental characteristic resulting
from disease, injury, congenital condition of birth, or functional
disorder and is unrelated to one's ability to safely perform
the work involved in jobs or positions available to such person for
hire or promotion; or unrelated to one's ability to acquire,
rent and maintain property; or unrelated to one's ability to
utilize and benefit from the goods, services, activities, privileges
and accommodations of a place of public accommodation. "Disability"
does not include any condition caused by the current illegal use of
a controlled substance, the use of alcoholic liquor, or use of marijuana
by an individual.
To make a decision, offer to make a decision, or refrain
from making a decision based in whole or in part on an individual's
actual or perceived race, color, religion, national origin, sex, age,
height, weight, marital status, physical or mental disability, family
status, sexual orientation or gender identity, educational affiliation,
source of income, status as a victim of domestic violence, governmental
identification method, arrest record and conviction record (collectively
"protected classes").
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:
Submission to such conduct or communication is made a term or
condition, either explicitly or implicitly, to obtain employment,
public accommodations, or housing.
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.
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 on sex includes discrimination based on
an actual or perceived sexual orientation or gender identity of an
individual.
Discrimination based on actual or perceived physical or mental
limitation includes discrimination because of the use by an individual
of adaptive devices or aids.
Discrimination also includes the use of facially neutral policies
or practices that have a disparate impact on members of a protected
class.
Discrimination also includes conduct directed at another based
on their membership in a protected class which creates an intimidating,
hostile or offensive environment regarding employment, public accommodation
or housing.
The fact of being enrolled, or not enrolled, in any educational
institution.
Any person employing one or more individuals engaged in a
lawful business or enterprise but does not include the employment
of an individual by his or her parent, sibling, spouse, or child.
A person who undertakes to procure employees for an employer
or procures opportunities for individuals to be employed by an employer.
An individual who is pregnant; or
One or more individuals under the age of 18 residing with a
parent or other person having custody or in the process of securing
legal custody of the individual or individuals or residing with the
designee of the parent or other person having or securing custody,
with the written permission of the parent or other person.
A person's actual or perceived gender, including a person's
self-image, appearance, expression, or behavior, whether or not that
self-image, appearance, expression, or behavior is different from
that traditionally associated with the person's sex as assigned
at birth as being either female or male.
The legal form of identification that an individual may use,
including any valid, government-issued identification, such as a state
ID card, federal immigration documentation, municipal or county ID
card, or passport issued by a foreign country.
A human being, as distinguished from a person, as defined
herein.
An organization of any kind or structure in which employees
participate or are members and which exists for the purposes, in whole
or part, of dealing with employers concerning the terms and conditions
of employment of its participants or members, whether or not such
organization is subordinate to or affiliated with a national or international
labor organization.
The state of being married, single, widowed, divorced, or
separated.
Refers to the perception of the person who acts, and not
to the perception of the person for or against whom the action is
taken.
An individual, association, partnership, agency, organization,
or corporation, public or private, including the employees, members
and officers thereof.
An educational, governmental, health, entertainment, cultural,
recreational, refreshment, transportation, or financial institution,
business or facility of any kind, whose goods, services, facilities,
privileges, advantages or accommodations are extended, offered, sold,
or otherwise made available to the public.
An organization, church, group, or body of communicants that
is organized not for pecuniary profit that regularly gathers for worship
and religious purposes and also includes a religious-based private
school that is not organized for pecuniary profit.
An adverse action taken against an individual who files or
participates in a complaint investigation under this chapter.
Male or female homosexuality, heterosexuality, bisexuality,
or asexuality, whether by orientation or practice. Sexual orientation
does not include the physical or sexual attraction to a minor by an
adult.
