(a)
The
city council makes the following findings:
(1)
The medical condition described as Acquired Immune Deficiency Syndrome
and commonly known as AIDS is a lifethreatening disease which has
the potential to affect every segment of our city's population.
(2)
No evidence exists to indicate the spread of the disease through
casual contact, such as contact at work or at school, through the
air or water or through the handling of food by persons having AIDS
or AIDS related conditions (ARC).
(3)
Discrimination against individuals with AIDS or AIDS related conditions
exists in the city. This discrimination may occur with regard to employment,
testing, education, real estate transactions, business establishments,
services, accommodations and association.
(4)
Such discrimination foments strife, unrest and discord. Such discrimination
deprives the city of the fullest utilization of its resources and
capacity for development and advancement.
(5)
Such discrimination poses a substantial threat to the health, safety
and welfare of the community. Existing state and federal restraints
on arbitrary discrimination are inadequate to meet the particular
problems of the city.
(b)
This
chapter is enacted to eliminate discrimination against persons with
AIDS or any medical sign, condition or symptom related thereto. Toward
this end, this chapter is adopted to prohibit such discrimination
with respect to employment, real property transactions, educational
institutions, business practices, AIDS testing, city facilities, and
association and retaliation.
(Ord. 2328-90 § 1)
For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases hereafter
set forth shall have the meanings given to them in this section.
means Acquired Immune Deficiency Syndrome (AIDS), AIDS related
conditions (ARC), or any other medical condition which a person contracts
as a result of having AIDS or ARC.
means any entity, however organized, which furnishes goods
and services to the general public. An otherwise qualified establishment
which has membership requirements is considered to furnish services
to the general public if its membership requirements consist only
of payment of fees or consist of requirements under which a substantial
portion of residents of the city could qualify.
means any perception or belief that a person is suffering
from AIDS, or the perception, real or imaginary, that a person is
at risk for AIDS.
means every person, including any person regularly employing
one or more persons, or any person acting directly or indirectly as
an agent of an employer.
means any natural person, firm, corporation, partnership,
or other organization, association or group of persons, however organized.
means any transaction affecting real property, including,
but not limited to, the sale, lease, rental, or financing of real
property.
(Ord. 2328-90 § 1)
(a)
It
shall be an unlawful employment practice for any employer, employment
agency or labor organization, or any agent, officer or employee thereof
to do or attempt to do any of the following:
(1)
Fail or refuse to hire any person, discharge any person, or otherwise
discriminate against any person with respect to compensation, terms,
conditions or privileges of employment, including promotion, on the
basis, in whole or in part, of the fact that such person has AIDS
or any condition related thereto.
(2)
Limit, segregate, or classify employees or applicants for employment
in any manner which would deprive or tend to deprive any person of
employment opportunities, or adversely affect his or her employment
on the basis, in whole or in part, of the fact that such person has
AIDS or any condition related thereto.
(3)
Fail or refuse to refer for employment any person, or otherwise to
discriminate against any person on the basis, in whole or in part,
of the fact that such person has AIDS or any condition related thereto.
(4)
Fail or refuse to include in its membership or otherwise discriminate
against any person; or limit, segregate or classify its membership;
or classify or fail or refuse to refer for employment any person in
any way which could deprive or tend to deprive such person of employment
opportunities, or otherwise adversely affect his or her status as
an employee or an applicant for employment on the basis, in whole
or in part, of the fact that such person has AIDS or any condition
related thereto.
(5)
Discriminate against any person in admission to, or employment in,
any program established to provide apprenticeship or other training
or retraining, including any on-the-job training program, on the basis,
in whole or in part, of the fact that such person has AIDS or any
condition related thereto.
(6)
Print, publish, advertise or disseminate in any way, or cause to
be printed, published, advertised or disseminated in any way, any
notice or advertisement with respect to employment, membership in,
or any classification or referral for employment or training by any
organization, which indicates an unlawful discriminatory act or preference
based on AIDS.
(b)
Nothing
contained in this section shall be deemed to prohibit selection, rejection
or dismissal from employment based upon a bona fide occupational qualification.
A "bona fide occupational qualification" shall include, but not be
limited to, the capacity of a person to perform his or her duties
without endangering his or her health or safety, or the health or
safety of others.
(c)
In
any action brought under this section, if a party asserts that an
otherwise unlawful discriminatory practice is justified as a bona
fide occupational qualification, that party shall have the burden
of proving:
(d)
It
shall not be an unlawful discriminatory practice for an employer to
observe the conditions of a bona fide employee benefit system, provided
such system or plan is not a subterfuge to evade the purposes of this
chapter; and provided further that no such system shall provide an
excuse for failure to hire any person.
(e)
Nothing
in this section shall be construed to prohibit any act specifically
authorized by the laws of the state or any actions taken by or under
the direction of the health department of the county in order to protect
the public health.
(Ord. 232890 § 1)
(a)
It
is unlawful for any person to do any of the following acts as a result
of the fact, in whole or in part, that a person has AIDS or any conditions
related thereto:
(1)
Interrupt, terminate, or fail or refuse to initiate or conduct any
real property transaction, including, but not limited to, the leasing
of a rental unit; to require different terms for such transaction;
or falsely represent that an interest in real property is not available
for transaction;
(2)
Include in the terms and conditions of a real property transaction
any clause, condition or restriction;
(3)
Refuse to lend money, guarantee the loan of money, accept a deed
of trust or mortgage, or otherwise refuse to make available funds
for the purchase, acquisition, construction, alteration, rehabilitation,
repair or maintenance of real property; or impose different conditions
on such financing; or refuse to provide title or other insurance relating
to the ownership or use of any interest in real property;
(4)
Refuse or restrict facilities, services, repairs or improvements
for any tenant or lessee;
(5)
Make, print, publish, advertise or disseminate in any way, or cause
to be made, printed or published, advertised or disseminated in any
way, any notice, statement or advertisement with respect to a transaction
or proposed transaction in real property, or with respect to financing
related to any such transaction, which unlawfully indicates preference,
limitation or discrimination based on AIDS.
(b)
Nothing
in this section shall be construed to apply to the rental or leasing
of any housing unit in which the owner or any member of the family
of the owner occupies the same unit in common with the prospective
tenant.
(c)
Nothing
in this section shall be construed to prohibit any act specifically
authorized by the laws of the state or any actions taken by or under
the direction of the health department of the county in order to protect
the public health.
(Ord. 232890 § 1)
(a)
It
shall be an unlawful business practice for any person to deny any
individual the full and equal enjoyment of the goods, services, facilities,
privileges, advantages and accommodations of any business establishment,
including, but not limited to, medical, dental, paramedical, banking,
financing, health care and convalescent services of any kind whatsoever,
on the basis, in whole or in part, of the fact that such person has
AIDS or any condition related thereto.
(b)
No
person shall make, print, publish, advertise or disseminate in any
way any notice, statement or advertisement with respect to any business
establishment or public accommodation which indicates that a person
is doing or will do anything prohibited by this section.
(c)
Nothing
in this section shall apply to any blood bank, blood donation facility,
sperm bank, sperm donation facility, organ donation facility, surrogate
mother or surrogate mother facility, or to any like service facility
or establishment engaged in the exchange of products containing elements
of blood or sperm.
(d)
Nothing
in this section shall be construed to prohibit any act specifically
authorized by the laws of the state or any actions taken by or under
the direction of the health department of the county in order to protect
the public health.
(Ord. 232890 § 1)
(a)
It
shall be an unlawful educational practice for any person to do any
of the following:
(1)
Deny admission, or impose different terms or conditions on admission,
as a result of the fact, in whole or in part, that a person has AIDS
or any condition related thereto.
(2)
Deny any individual the full and equal enjoyment of, or impose different
terms or conditions upon the availability of, any facility owned or
operated by or any service or program offered by an educational institution
as a result of the fact, in whole or in part, that a person has AIDS
or any conditions related thereto.
(b)
It
shall not be an unlawful educational practice for a religious or denominational
institution to limit admission, or give other preference to applicants
of the same religion.
(c)
Nothing
in this section shall apply to public schools, including public colleges
or universities as a matter of law.
(d)
Nothing
in this section shall be construed to prohibit any act specifically
authorized by the laws of the state or any actions taken by or under
the direction of the health department of the county in order to protect
the public health.
(Ord. 232890 § 1)
(a)
No
person shall require another to take any test or undergo any medical
procedure designed to show or help show that a person has or does
not have AIDS, any condition related thereto or the AIDS antibody.
(b)
This
section does not apply to an employer who can show that the absence
of AIDS is a bona fide occupational qualification.
(c)
Nothing
in this section shall be construed to prohibit any act specifically
authorized by the laws of the state or any actions taken by or under
the direction of the health department of the county in order to protect
the public health.
(Ord. 232890 § 1)
It is unlawful for any person to deny any person the full and
equal enjoyment of, or to impose different terms and conditions on
the availability of, any of the following:
(a)
Use
of any city facility or city service on the basis, in whole or in
part, of the fact that such person has the medical condition AIDS
or any condition related thereto.
(b)
Any
service, program or facility wholly or partially funded or otherwise
supported by the city on the basis, in whole or in part, of the fact
that such person has the medical condition AIDS or any condition related
thereto. This subsection shall not apply to any facility, service
or program which does not receive any assistance from the city which
is not provided to the public generally.
(Ord. 2328-90 § 1)
(a)
It
is unlawful for any person to do any of the acts described in this
chapter as a result of the fact that a person associates with anyone
who has AIDS or any condition related thereto.
(b)
It
is unlawful for any person to do any of the acts described in this
chapter to retaliate against a person because a person:
(1)
Has acted in support or opposition to any act or practice made unlawful
by this chapter;
(2)
Has acted in support of this chapter and its enforcement;
(3)
Has filed a complaint in any court where such complaint is based
upon any act or practice made unlawful by this chapter;
(4)
Has testified, assisted or participated in any way in any investigation,
proceeding, or litigation under this chapter.
(Ord. 2328-90 § 1)
Any person who violates any of the provisions of this chapter
or who aids in the violation of any provisions of this chapter is
liable for each and every such offense for the actual damages thereof,
in such amount as may be determined by a jury, or a court sitting
without a jury, up to a maximum of three times the actual damage but
in no case less than $1,000, and such costs and attorney's fees as
may be determined by the court. In addition, punitive damages may
be awarded in an appropriate case.
(Ord. 2328-90 § 1)
(a)
Any
person aggrieved by an act prohibited by this chapter may enforce
the provisions of this chapter in a civil action.
(b)
Any
person who commits, or proposes to commit an action in violation of
this chapter may be enjoined therefrom by a court of competent jurisdiction.
(c)
Nothing
in this chapter shall preclude any aggrieved person from seeking any
other remedy provided by law.
(Ord. 2328-90 § 1)
Judicial actions under this chapter must be filed within two
years of the alleged discriminatory act.
(Ord. 2328-90 § 1)
Any written or oral agreement which purports to waive any provision
of this chapter is against public policy and void.
(Ord. 2328-90 § 1)
