Discrimination based on sexual orientation
exists in the City of Santa Monica. Such discrimination foments strife,
unrest and discord and deprives the City of the fullest utilization
of its resources and capacity for development and advancement. 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 this City.
(Prior code § 4900; amended by Ord. No. 1317CCS, adopted 10/9/84)
The following words or phrases as
used in this Chapter shall have the following meanings:
Any entity, however organized, which furnishes goods or services
to the general public. An otherwise qualifying establishment which
has membership requirements is considered to furnish services to the
general public if its membership requirements: (1) consist only of
payment of fees; or (2) consist of requirements under which a substantial
portion of the residents of the City of Santa Monica could qualify.
The same as the term "person." Wherever this Chapter refers
to the sexual orientation of any individual, and the individual is
a group, the phrase shall mean the sexual orientation of any member
of the group.
Any person as defined in Municipal Code Section 1.12.150.
Actual or supposed homosexuality, heterosexuality, or bisexuality,
by preference or practice, including, but not limited to, an orientation
that may be imputed on the basis of mannerisms, physical characteristics
or manner of dress.
(Prior code § 4901; amended by Ord. No. 1317CCS, adopted 10/9/84; Ord. No. 1812CCS § 2, adopted 9/12/95; Ord. No. 1822CCS § 1, adopted 10/17/95)
(a)
Unlawful Employment Practices.
(1)
Employers—Discrimination. It shall be unlawful employment practice for an employer to fail
or refuse to hire, or to discharge any individual, or otherwise to
discriminate against any individual with respect to compensation,
terms, conditions or privileges of employment on the basis, in whole
or in part, of such individual's sexual orientation.
(2)
Employers—Segregation. It shall be unlawful employment practice for an employer to limit,
segregate or classify employees or applicants for employment in any
manner which would deprive or tend to deprive any individual of employment
opportunities, or adversely affect his or her employment status on
the basis, in whole or in part, of such individual's sexual orientation.
(3)
Employment Agencies. It shall be an unlawful employment practice for an employment agency
to fail or refuse to refer for employment any individual or to otherwise
discriminate against any individual on the basis, in whole or in part,
of such individual's sexual orientation.
(4)
Labor Organizations. It shall be an unlawful employment practice for a labor organization
to fail or refuse to include in its membership or to otherwise discriminate
against any individual, to limit, segregate or classify its membership,
to classify or fail or refuse to refer for employment any individual
in any way which would deprive or tend to deprive such individual
of employment opportunities, or to otherwise adversely affect an individual's
status as an employee or as an applicant for employment on the basis,
in whole or in part, of such individual's sexual orientation.
(5)
Job Training. It shall
be an unlawful employment practice for an employer, an employment
agency or a labor organization to discriminate against any individual
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 such individual's
sexual orientation.
(6)
Advertising. It shall
be an unlawful employment practice for an employer, employment agency
or a labor organization to print, publish, advertise or disseminate
in any way, any notice or advertisement with respect to employment,
membership in, or any classification or referral for employment or
training by any such organization, which indicates that the employer,
employment agency or labor organization engages or will engage in
a violation of this Section.
(b)
Subterfuge. It shall
be unlawful to do any of the acts mentioned in this Section for any
reason that would not have been asserted wholly or partially, but
for the sexual orientation of any individual.
(c)
Bona Fide Occupational Qualification.
(1)
Bona Fide Occupational Qualification. Nothing contained in this Section shall be deemed to prohibit selection
or rejection based upon a bona fide occupational qualification.
(2)
Burden of Proof. In any action brought under Section 4.40.080 of this Chapter, 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: (A) that the discrimination is in fact a necessary result of a bona fide occupational qualification; and (B) that there exists no less discriminatory means of satisfying the occupational qualification.
(d)
Exceptions.
(1)
Employee Benefit Systems. It shall not be 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. No such system shall provide an excuse for failure
to hire any individual.
(2)
In-Home Employment. No
part of this Section shall apply to the employment of individuals
to perform services in the place of residence of the employer.
(Prior code § 4902; amended by Ord. No. 1317CCS, adopted 10/9/84)
(a)
Unlawful Real Estate Practices.
(1)
Transactions Generally. It shall be an unlawful real estate practice for any person to interrupt,
terminate, or fail or refuse to initiate or conduct any transaction
in real property, including, but not limited to, rental transactions,
on the basis, in whole or in part, of an individual's sexual orientation
or domestic partnership (as defined in Municipal Code Section 4.60.020(d)).
Unlawful practices based on an individual's sexual orientation or
domestic partnership would include, but not be limited to: (A) requiring
different terms for the real property transaction; (B) including in
the terms or conditions of a transaction in real property any special
or unique clause, condition or restriction; or (C) falsely representing
that an interest in real property is not available for transaction.
(2)
Credit and Insurance. It shall be an unlawful real estate practice for any person to refuse
to lend money, guarantee a loan, 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, to impose different conditions on such financing, to
refuse to provide title or other insurance relating to the ownership
or use of any interest in real property on the basis, in whole or
in part, of any individual's sexual orientation.
(3)
Tenant Services. It
shall be an unlawful real estate practice for any person to refuse
or restrict facilities, services, repairs or improvements for any
tenant or lessee on the basis, in whole or in part, of any individual's
sexual orientation.
(4)
Eviction Proceedings. It shall be an unlawful real estate practice to threaten to commence
or commence eviction proceedings against any tenant on the grounds
that he or she has breached a rental agreement if the alleged breach
arises from an increase in the number of occupants due to the domestic
partnership (as defined in Municipal Code Section 4.60.020(d)) of
the tenant, provided that the occupancy by the tenant's domestic partner
and children of the domestic partner is otherwise lawful. A violation
of this subsection may be asserted as an affirmative defense in an
unlawful detainer action.
(5)
Advertising. It shall
be an unlawful real estate practice for any person to make, print,
publish, advertise or disseminate 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 indicates or attempts to indicate any unlawful
preference, limitation or discrimination on the basis, in whole or
in part, of any individual's sexual orientation.
(b)
Subterfuge. If the sexual orientation of an individual was a motivating factor in the decision to undertake or perform one of the actions specified in subsection (a) of this Section, it shall not be a defense that: (1) other legitimate and lawful factors also motivated the decision unless these factors would have independently provided justification for the decision; or (2) other factors were asserted as the basis for the decision if these factors were simply a pretext for the decision.
(c)
Exceptions.
(1)
Owner Occupied and Small Dwellings. Nothing in this Chapter shall be construed to apply to the rental
or leasing of any housing unit in which the owner or lessor or any
member of his or her family occupies one of the living units and either:
(A) it is necessary for the owner or lessor to use either a bathroom
or kitchen facility in common with the prospective tenant; or (B)
the structure contains less than three dwelling units.
(2)
Effect on Other Laws. Nothing in this Chapter shall be deemed to permit any rental or
occupancy of any dwelling unit or commercial space otherwise prohibited
by law or to establish a landlord-tenant relationship between a landlord
and a domestic partner that does not otherwise exist by law or contract.
(d)
Domestic Partnership Eviction
Protections. In order to assert the eviction protections established by this Chapter as an affirmative defense in an unlawful detainer proceeding, a domestic partner must have filed an Affidavit of Domestic Partnership with the City Clerk in accordance with Municipal Code Chapter 4.60.
(Prior code § 4903; added by Ord. No. 1317CCS, adopted 10/9/84; amended by Ord. No. 1812CCS § 3, adopted 9/12/95; Ord. No. 1822CCS § 2, adopted 10/17/95; Ord. No. 1965 CCS § 2, adopted 3/8/00; Ord. No. 2438CCS § 1, adopted 8/27/13)
(a)
Unlawful Business Practice.
(1)
Business Practices Generally. 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 on the basis, in whole or in part, of such individual's
sexual orientation.
(2)
Credit. It shall be
an unlawful business practice for any person to deny credit to any
individual on the basis, in whole or in part, of such individual's
sexual orientation.
(3)
Advertising. It shall
be an unlawful business practice for any person to make, print, publish,
advertise or disseminate in any way any notice, statement or advertisement
with respect to any business establishment which indicates that such
establishment engages or will engage in any violation of this Section.
(b)
Subterfuge. It shall
be unlawful to do any of the acts mentioned in this Section for any
reason that would not have been asserted, wholly or partially, but
for the sexual orientation of any individual.
(Prior code § 4904; added by Ord. No. 1317CCS, adopted 10/9/84)
(a)
Unlawful Service Practices.
(1)
City Facilities. It
shall be an unlawful service practice for any person to deny any individual
the full and equal enjoyment of, or to place different terms and conditions
on the availability of, the use of any City facility on the basis,
in whole or in part, of such individual's sexual orientation.
(2)
City Services. It shall
be an unlawful service practice for any person to deny any individual
the full and equal enjoyment of, or to impose different terms or conditions
on the availability of, any City service on the basis, in whole or
in part, of such individual's sexual orientation.
(3)
Supported Facilities and Services. It shall be an unlawful service practice for any person to deny
any individual the full and equal employment of, or to impose different
terms and conditions upon the availability of, any service, program
or facility wholly or partially funded or otherwise supported by the
City of Santa Monica, on the basis, in whole or in part, of such individual's
sexual orientation. This subsection shall not apply to any facility,
service or program which does not receive any assistance from the
City of Santa Monica which is not provided to the public generally.
(4)
Advertising. It shall be an unlawful service practice for any person to make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any service or facility provided by either the City of Santa Monica or an organization described in subsection (3) which indicates that the City of Santa Monica or an organization described in subsection (3) engages in or will engage in a violation of this Section.
(b)
Subterfuge. It shall
be an unlawful discriminatory practice to do any of the acts mentioned
in this Section for any reason which would not have been asserted,
wholly or partially, but for the sexual orientation of any individual.
(Prior code § 4905; added by Ord. No. 1317CCS, adopted 10/9/84)
(a)
Unlawful Educational Practices.
(1)
Admission. It shall
be an unlawful educational practice for any person to deny admission,
or to impose different terms or conditions on admission, on the basis,
in whole or in part, of such individual's sexual orientation.
(2)
Services. It shall be
an unlawful educational practice for any person to deny any individual
the full and equal enjoyment of, or to impose different terms or conditions
upon the availability of, any service or program offered by an educational
institution on the basis, in whole or in part, of such individual's
sexual orientation.
(3)
Facilities. It is an
unlawful educational practice for any person to deny any individual
the full and equal enjoyment of, or to impose different terms or conditions
upon the availability of, any facility owned or operated by an educational
institution on the basis, in whole or in part, of such individual's
sexual orientation.
(4)
Advertising. It is an
unlawful educational practice for any person to make, print, publish,
advertise or disseminate in any way any notice, statement or advertisement
with respect to an educational institution which indicates that such
institution engages in, or will engage in a violation of this Section.
(b)
Subterfuge. It is an
unlawful discriminatory practice to do any of the acts mentioned in
this Section for any reason which would not have been asserted, wholly
or partially, but for the sexual orientation of any individual.
(c)
Exception. It shall
not be an unlawful discriminatory practice for a religious or denominational
institution to limit admission, or give other preference to applicants
of the same religion.
(Prior code § 4906; added by Ord. No. 1317CCS, adopted 10/9/84)
Any person who violates any of the
provisions of this Chapter or who aids in the violation of any provisions
of this Chapter shall be liable for, and the court shall award to
the individual whose rights are violated, actual damages, costs, attorneys'
fees, and not less than two hundred dollars but not more than four
hundred dollars in addition thereto. The court may, in such circumstances
that it deems appropriate, award punitive damages.
(Prior code § 4907; added by Ord. No. 1317CCS, adopted 10/9/84)
(a)
Civil Action. Any aggrieved
person may enforce the provisions of this Chapter by means of a civil
action.
(b)
Injunction. Any person
who commits, or proposes to commit, an act in violation of this Chapter
may be enjoined therefrom by any court of competent jurisdiction.
An action for injunction under this subsection may be brought by any
aggrieved person, by the City Attorney, or by any person or entity
which will fairly and adequately represent the interests of the protected
class.
(Prior code § 4908; added by Ord. No. 1317CCS, adopted 10/9/84)
Actions under this Chapter must be
filed within one year of the alleged discriminatory acts.
(Prior code § 4909; added by Ord. No. 1317CCS, adopted 10/9/84)
No part of this Chapter shall apply
to bona fide religious organizations.
(Prior code § 4910; added by Ord. No. 1317CCS, adopted 10/9/84)
