Discrimination against individuals with Acquired Immune Deficiency Syndrome (AIDS), with a history of AIDS, or those regarded as having or transmitting AIDS, 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 § 4950; added by Ord. No. 1434CCS, adopted 2/23/88)
The following words or phrases as used in this Chapter shall have the following meanings:
Business establishment.
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.
Individual.
The same as the term "person."
Person.
Any person as defined in Municipal Code Section 1.12.150.
Acquired Immune Deficiency Syndrome (AIDS).
The illness(es), disease(s), or symptom(s) which occur when the human immune system is destroyed or compromised by the action of what is believed to be a virus currently called or known as Human Immuno-deficiency Virus (HIV), Human T-Lymphotropic Virus Type III (HTLV-III) or Lymphadenopathy-Associated Virus (LAV). Signs and symptoms of AIDS are manifested in the afflicted person by a series of virus or fungus-caused opportunistic illnesses, infections or cancers of a transient, asymptomatic or chronic nature. As used in this Chapter, AIDS includes the diagnosis or clinical finding of AIDS Related Complex (ARC), as well as testing positive for exposure to HIV, HTLV-III, or LAV whether or not any clinical manifestations of AIDS are currently present.
(Prior code § 4951; added by Ord. No. 1434CCS, adopted 2/23/88)
(a) 
Unlawful Employment Practices.
(1) 
Employers—Discrimination. It shall be an 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 because, whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(2) 
Employers—Segregation. It shall be an 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 because, in whole or part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(3) 
Employment Agencies. It shall 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 because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(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 adverse affect an individual's status as an employee or as an applicant for employment because in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(5) 
Job Training. It shall be an unlawful employment practice for an employer, employment agency, or a labor organization to discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship, other training or retraining, including any on-the-job training program, because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(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 individual having AIDS, a history of AIDS, or being regarded as having or transmitting AIDS.
(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 4.52.080 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: (i) that the discrimination is in fact a necessary result of a bona fide occupational qualification; and (ii) that there exists no less discriminatory means of satisfying the occupational qualification.
(d) 
Exceptions.
(1) 
Employee Benefit Systems. 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. No such system shall provide an excuse for failure to hire any individual.
(2) 
In-Home Employers. 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 § 4952; added by Ord. No. 1434CCS, adopted 2/23/88)
(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, the rental thereof, to require different terms for such transaction, to include in the terms or conditions of a transaction in real property any clause, condition or restriction, or to falsely represent that an interest in real property is not available for transaction because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(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 because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(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 because, in whole or in part, the person has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(4) 
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 unlawfully indicates or attempts to indicate any unlawful preference, limitation or discrimination because, in whole or in part, the individual has AIDS, a history of AIDS or is regarded as having or transmitting AIDS.
(b) 
Subterfuge. It shall be unlawful to do any of the actions mentioned in this Section for any reason that would not have been asserted, wholly or partially, but for the person having AIDS, a history of AIDS, or being regarded as having or transmitting AIDS.
(c) 
Exceptions.
(1) 
Owner Occupied 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 it is necessary for the owner or lessor to use either a bathroom or kitchen facility in common with the prospective tenant.
(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.
(Prior code § 4953; added by Ord. No. 1434CCS, adopted 2/23/88)
(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 because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(2) 
Credit. It shall be an unlawful business practice for any person to deny credit to any individual because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(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 an individual having AIDS, a history of AIDS, or being regarded as having or transmitting AIDS.
(Prior code § 4954; added by Ord. No. 1434CCS, adopted 2/23/88)
(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 or the use of any City facility because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(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 because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(3) 
Supported Facilities and 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 and conditions upon the availability of any service, program or facility wholly or partially funded or otherwise supported by the City of Santa Monica, because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS. 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 individual having AIDS, a history of AIDS, or being regarded as having or transmitting AIDS.
(Prior code § 4955; added by Ord. No. 1434CCS, adopted 2/23/88)
(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, because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(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 because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(3) 
Facilities. 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 facility owned or operated by an educational institution because, in whole or in part, the individual has AIDS, a history of AIDS, or is regarded as having or transmitting AIDS.
(4) 
Advertising. It shall be 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 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 individual having AIDS, a history of AIDS, or being regarded as having or transmitting AIDS.
(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 § 4956; added by Ord. No. 1434CCS, adopted 2/23/88)
Any person who see 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 § 4957; added by Ord. No. 1434CCS, adopted 2/23/88)
(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 § 4958; added by Ord. No. 1434CCS, adopted 2/23/88)
Actions under this Chapter must be filed within one year of the alleged discriminatory acts.
(Prior code § 4959; added by Ord. No. 1434CCS, adopted 2/23/88)
This Chapter shall not apply to any act of discrimination to the extent that City regulation of such act is preempted by State or Federal law.
(Prior code § 4960; added by Ord. No. 1434CCS, adopted 2/23/88)