As used in this chapter:
"Business establishment"
means any entity, however organized, which furnishes goods, services or accommodations to the general public. An otherwise qualifying establishment which has membership requirements shall be considered to furnish services to the general public if its membership requirements:
(1) 
Consist only of the payment of fees;
(2) 
Consist of requirements under which a substantial portion of the residents of this city could qualify; or
(3) 
Consist of an otherwise unlawful business practice.
"Employee"
does not include any individual employed by his or her parents, spouse or child or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
"Employer"
includes the city of Laguna Beach and any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly. An "employer" shall not include a religious association or corporation not organized for private profit.
"Employment agency"
includes any person undertaking for compensation to procure employees or opportunities to work.
"Labor organization"
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.
"Person"
means any natural individual, person, firm, corporation, partnership or other organization, association, or group of persons however organized.
"Sexual orientation"
means actual or supposed heterosexuality, homosexuality, or bisexuality.
(Ord. 1061 § 1, 1984)
(a) 
Unlawful Employment Practices.
(1) 
Discrimination by Employer. It is an unlawful employment practice for an employer to fail or refuse to hire, or to discharge any person, or otherwise to discriminate against any person with respect to compensation, terms, conditions or privileges of employment on the basis (in whole or in part) of such person's sexual orientation.
(2) 
Segregation by Employer. It is 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 person of employment opportunities, or adversely affect his or her employment status on the basis (in whole or in part) of such person's sexual orientation.
(3) 
Employment Agency. It is an unlawful employment practice for an employment agency to 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 such person's sexual orientation.
(4) 
Labor Organization. It is an unlawful employment practice for a labor organization to fail or refuse to include in its membership or to otherwise discriminate against any person; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any person in any way which would deprive or tend to deprive such person of employment opportunities, or otherwise adversely affect her or his status as an employee or as an applicant for employment on the basis (in whole or in part) of such person's sexual orientation.
(5) 
Job Training. It is an unlawful employment practice for an employer, an employment agency or a labor organization to discriminate against any person in admission to, or employment in, any programs 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 person's sexual orientation.
(6) 
Advertising. It is 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 an unlawful discriminatory practice.
(b) 
Subterfuge. It is 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 person.
(c) 
Bona Fide Occupational Qualification Not Prohibited; Burden of Proof.
(1) 
Nothing contained in this section shall be deemed to prohibit selection or rejection based on a bona fide occupational qualification.
(2) 
In any action brought under Section 1.07.080, 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. It is not an unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system or plan (including, but not limited to, a contractual seniority system), provided such systems or plans are not a subterfuge to evade the purposes of this chapter; provided further that no such system shall provide an excuse for failure to hire any person.
(Ord. 1061 § 1, 1984)
(a) 
Unlawful Real Estate Practices.
(1) 
In General. It is 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 the terms or conditions of a transaction in real property any clause, condition or restriction, or falsely to represent that an interest in real property is not available for transaction on the basis (in whole or in part) of any person's sexual orientation.
(2) 
Credit and Insurance. It is an unlawful real estate practice for any person to refuse to lend money, guarantee the 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, 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, on the basis (in whole or in part) of any person's sexual orientation.
(3) 
Tenant's Services. It is 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 person's sexual orientation.
(4) 
Advertising. It is 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.
(b) 
Subterfuge. It is 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 sexual orientation of any person.
(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.
(Ord. 1061 § 1, 1984)
(a) 
Unlawful Business Practice.
(1) 
In General. It is an unlawful business practice for any person to deny any person 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 person's sexual orientation.
(3) 
Advertising. It is 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 unlawful business practice.
(b) 
Subterfuge. It is 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 person.
(Ord. 1061 § 1, 1984)
(a) 
Unlawful Service Practices.
(1) 
City Facilities. It is an unlawful service practice for any person to deny any person 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 person's sexual orientation.
(2) 
City Services. It is an unlawful service practice for any person to deny any person 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 person's orientation.
(3) 
City-supported Facilities and Services. It is an unlawful service practice for any person to deny any person 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 Laguna Beach on the basis (in whole or in part) of such person's sexual orientation. This subsection shall not apply to any facility, service or program which does not receive any assistance from the city of Laguna Beach which is not provided to the public generally.
(4) 
Advertising. It is 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 Laguna Beach or an organization described in subsection (a)(3) of this section which indicates that the city of Laguna Beach or an organization described in subsection (a)(3) of this section engages in or will engage in unlawful service practices.
(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 person.
(Ord. 1061 § 1, 1984)
(a) 
Unlawful Educational Practices.
(1) 
Admission. It is an unlawful educational practice for any person to deny any person admission, or to impose different terms or conditions on admission, on the basis (in whole or in part) of such person's sexual orientation.
(2) 
Services. It is an unlawful educational practice for any person to deny any person 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 person's sexual orientation.
(3) 
Facilities. It is an unlawful educational practice for any person to deny any person 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 person'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, unlawful educational practices.
(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 person.
(c) 
Exception. It is not an unlawful discriminatory practice for a religious or denominational institution to limit admission, or give other preference to applicants of the same religion.
(Ord. 1061 § 1, 1984)
Any person who violates any provision 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 person whose rights are violated, actual general and special damages, costs, and attorneys' fees. In addition thereto, the court may award punitive damages in a proper case.
(Ord. 1061 § 1, 1984)
(a) 
Civil Action. Any aggrieved person may enforce the provisions of this chapter by means of a civil action.
(b) 
Injunction.
(1) 
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.
(2) 
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 interest of the protected class.
(c) 
Criminal Action. Notwithstanding any provision of this code to the contrary, no criminal penalties shall attach to any violation of the provisions of this chapter.
(Ord. 1061 § 1, 1984)
If any part or provision of this chapter or the application thereof to any person or circumstance is held invalid, then the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter, in whole and in part, are severable.
(Ord. 1061 § 1, 1984)