The city finds and declares:
(1)
That the medical condition described as Acquired Immune Deficiency
Syndrome, commonly known as AIDS, is a deadly disease which has the
potential to affect every segment of our county's population;
(2)
That AIDS was first recognized in 1981 by the United States Public
Health Service's Center for Disease Control based on the study of
a pattern of unusual illnesses among young, single males reported
by the medical center associated with University of California at
Los Angeles and New York University;
(3)
That AIDS, in the opinion of the scientific and medical community,
is caused by a virus, known as HIV (Human Immunodeficiency Virus)
(or in the past, HTLV-III or LAV), which attacks and cripples the
body's immune system and neurological system, thereby leaving the
body vulnerable to opportunistic infections, certain cancers and neurological
diseases;
(4)
That a person afflicted with AIDS suffers a variety of bacterial,
viral and/or fungal caused illnesses, cancers, protozoan and neurological
conditions which debilitate the body resulting in a high mortality
rate within several years after diagnosis;
(5)
That the transmission of the virus has occurred through transfer
of blood, blood by-products, and body organs; through intimate sexual
contact; through the sharing of hypodermic needles used in drug injections;
or perinatally;
(6)
That no evidence exists to indicate the spread of the virus 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 the
AIDS virus;
(7)
That medical studies of family groups in which one or more persons
have been diagnosed with AIDS show no spread of the virus other than
through sexual intimacy or through the exchange of blood, such as
mother to fetus;
(8)
That a public health danger represented by the HIV virus and its
subsequent manifestation as AIDS is caused by the lengthy incubation
period during which period an apparently healthy but infected individual
may spread the disease to other persons through the transfer of blood,
blood by-products, body organs, semen, or vaginal/cervical secretions,
perinatally or through the sharing of hypodermic needles used in drug
injections;
(9)
That AIDS has been recognized as a national public health emergency
with a large proportion of the cases diagnosed in California;
(10)
That AIDS, in the opinion of the scientific and medical community,
will continue to increase at a high rate within our county for the
foreseeable future;
(11)
That persons with AIDS, AIDS-related complex (ARC), or in an AIDS-related
status (ARS), including persons infected with the AIDS virus who may
never show AIDS symptoms or develop the disease, are faced with potential
discrimination, and such potential for discrimination is sufficient
to justify a city ordinance to prohibit these discriminatory practices
which are not currently adequately addressed by federal and state
law.
(Ord. No. 88-24, § 1, 5-4-88)
It is hereby declared as the public policy of the city that
it is necessary to protect and safeguard the rights and opportunities
of persons with AIDS, ARC, or ARS in respect to discrimination in
housing, business establishments, testing, and county facilities and
services.
(Ord. No. 88-24, § 1, 5-4-88)
means Acquired Immune Deficiency Syndrome, a disease complex
which occurs when an important part of the human immune system is
destroyed by the action of a human immune deficiency virus known as
HIV and previously referred to as HTLV-III or LAV and as it may be
further defined by the United States Public Health Services Center
for Disease Control. AIDS is manifested by infections, cancers or
neurological diseases.
means AIDS-related complex. ARC occurs when the human immune
system is weakened by the AIDS virus, and such conditions as enlarged
lymph nodes, fever, weight loss, malaise, and chronic diarrhea result.
ARC may or may not develop into AIDS.
means AIDS-related status. Such status includes being infected
with the virus that causes AIDS, or being regarded as having AIDS,
ARC, or being infected with the virus that causes AIDS. For purposes
of this article, a person is regarded as having AIDS, ARC, or being
infected with the virus that causes AIDS if such person is perceived
and treated by an alleged violator of the provisions of this article
as having AIDS, ARC, or being infected with the virus that causes
AIDS, whether such medical condition exists or not.
means and includes any entity, however organized, which furnishes
goods or services, including educational services, or accommodations
to the general public; including any entity which has a membership
requirement if its membership requirement consists only of the payment
of a membership fee and a substantial number of the residents within
the City of Escondido could qualify.
includes any person employed by an employer.
means any person regularly employing one or more persons,
or any person acting as an agent of an employer, directly or indirectly.
means any person regularly undertaking compensation to procure
employees for an employer or to procure for employees opportunities
to work for an employer and includes an agent of such a person.
includes any improved or unimproved real property, or portion
thereof, which is used or occupied, or is intended, arranged or designed
to be used or occupied, as the home, residence, or sleeping place
of one or more persons.
shall mean services otherwise provided by the owner of any
housing accommodation to persons renting or leasing such housing accommodation,
including but not limited to, utilities such as light, heat, water
and telephone; ordinary repairs or replacement, and maintenance, including
painting; elevator services, laundry facilities and privileges, the
use of common recreational facilities, janitorial services, resident
manager, refuse removal, furnishings, food service, parking and any
other benefits, privileges or facilities provided.
means 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.
includes the lessee, sublessee, assignee, managing agent,
real estate broker or salesman, or any person having any legal or
equitable right of ownership or possession or the right to rent or
lease housing accommodations.
includes one or more individuals, partnerships, associations,
corporations, labor organizations, labor representatives, trustees,
trustees in bankruptcy, and receivers or other fiduciaries.
(Ord. No. 88-24, § 1, 5-4-88)
(a)
It shall be unlawful for any owner of any housing accommodation or
housing service to discriminate against any person because such person
has AIDS, ARC or ARS. Nothing in this section shall:
(1)
Apply to any housing accommodation in which the owner or any member
of his or her family occupies the same housing accommodation in common
with the prospective tenant. This exception shall not apply where
the owner occupies a separate apartment, condominium or other housing
unit in a multiple-unit complex.
(2)
Permit or require the rental or occupancy of any housing accommodation
otherwise prohibited by law.
(3)
Otherwise interfere with any just cause for an owner to evict a person
from any housing accommodation or permit the delay of any unlawful
detainer action.
(4)
Require the renting of any housing accommodation reserved for the
housing of students to non-student persons with AIDS, ARC, or ARS.
(Ord. No. 88-24, § 1, 5-4-88)
It shall be unlawful 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
grounds that such person has AIDS, ARC or ARS.
(Ord. No. 88-24, § 1,5-4-88)
(a)
It shall be unlawful for any person to require another person to
take any test or undergo any medical procedure designed to determine
that a person has AIDS or ARC or carries the AIDS virus.
(b)
Nothing in this section shall:
(1)
Prohibit any testing or medical procedure authorized by the laws
of the United States, the State of California or the County of San
Diego or any testing or medical procedure required by the county department
of health services to protect the public health;
(2)
Apply to an employer who can show that the absence of AIDS, ARC or
the AIDS virus is a bona fide occupational qualification.
(Ord. No. 88-24, § 1, 5-4-88)
(a)
It shall be unlawful to deny any person the full and equal enjoyment
of, or to impose less advantageous terms, or restrict the availability
of, the use of any city facility or participation in any city funded
or supported service or program on the grounds that such person has
AIDS, ARC or ARS.
(Ord. No. 88-24, § 1, 5-4-88)
(a)
It shall be unlawful:
(1)
For an employer:
a.
To fail or refuse to hire, or discharge any person, or otherwise
to discriminate against any person with respect to his compensation,
terms, conditions, or privileges of employment, on the basis such
person has AIDS, ARC, or ARS; or
b.
To limit, segregate, or classify his employees or applicants for
employment in any way which would deprive or tend to deprive any person
of employment opportunities or otherwise adversely affect his status
as an employee, on the basis such person has AIDS, ARC or ARS;
(2)
For an employment agency to fail or refuse to refer for employment,
or otherwise to discriminate against, any person, or to classify or
refer for employment any person on the basis such person has AIDS,
ARC or ARS.
(3)
For a labor organization:
a.
To exclude or expel from its membership or otherwise to discriminate
against, any person on the basis such person has AIDS, ARC, or ARS.
To limit, segregate, or classify its membership or applicants for
membership, or to classify or fail or refuse to refer for employment
any person, in any way which would deprive or tend to deprive any
person of employment opportunities, or would limit such employment
opportunities or otherwise adversely affect his status as an employee
or as an applicant for employment, on the basis such person has AIDS,
ARC or ARS; or
c.
To cause or attempt to cause an employer to discriminate
against a person in violation of this article.
(4)
For any employer, labor organization, or joint labor management committee
controlling apprenticeship or other training or retraining, including
on-the-job training programs, to discriminate against any person on
the basis of AIDS, ARC or ARS in admission to, or employment in, any
program established to provide apprenticeship or other training.
(b)
Notwithstanding any other provision of this article, it shall be
unlawful:
(1)
For an employer to hire and employ employees, for an employment agency
to classify, or to refer for employment any person, for a labor organization
to classify its membership or to classify or refer for employment
any person, or for an employer, labor organization, or joint labor-management
committee controlling apprenticeship or other training or retraining
programs to admit or employ any person in any such program, on the
basis such person has AIDS, ARC or ARS in those certain instances
where lack of AIDS, ARC or ARS is a bona fide occupational qualification
reasonably necessary to the normal operation of the particular business
or enterprise.
(2)
For an employer to apply different standards of compensation, or
different terms, conditions, or privileges of employment pursuant
to a bona fide seniority or merit system, or a system which measures
earnings by quantity or quality of production or to employees who
work in different locations, provided that such differences are not
the result of an intention to discriminate against a person on the
basis such person has AIDS, ARC or ARS.
(3)
For an employer to give and to act upon the results of any professionally
developed ability test provided that such test, its administration
or action upon the results of such tests is not designed, intended
or used to discriminate against a person on the basis such person
has AIDS, ARC or ARS.
(Ord. No. 88-24, § 1, 5-4-88)
It shall be unlawful to make, print, publish, advertise or disseminate
in any way, or cause to be made, printed, published, advertised or
disseminated in any way, any notice, statement, sign advertisement,
application or contract which indicates an intent to engage in any
practice made unlawful by this article.
(Ord. No. 88-24, § 1, 5-4-88)
(a)
Nothing in this article shall be construed to prohibit any act specifically
authorized by the laws of the United States, the State of California
or the City of Escondido or any act required by the county department
of health services to protect the public health.
(b)
Nothing in this article shall prohibit any act which is necessary
to protect the health or safety of the general public. If a party
to any action brought under this chapter asserts that an otherwise
discriminatory practice is justified as necessary to protect the health
or safety of the general public, that party shall have the burden
of proving:
(Ord. No. 88-24, § 1, 5-4-88)
Any person who violates any of the provisions of this article
or who assists in the violation of any provisions of this article
is liable for each and every such offense for damages up to a maximum
of three times the amount of actual damages, for punitive damages
as may be determined by a jury or a court sitting without a jury,
and for costs, including reasonable attorney's fees, as may be determined
by the court.
(Ord. No. 88-24, § 1, 5-4-88)
(a)
Any aggrieved person may enforce the provisions of this article by
means of a civil action.
(b)
Any person who commits, or proposes to commit, an act in violation
of this chapter may be enjoined therefrom by a court of competent
jurisdiction.
(c)
An action for injunction under subdivision (b) may be brought by
any aggrieved person or by any person or entity which will fairly
and adequately represent the interests of the aggrieved person.
(d)
Nothing in this article shall preclude any aggrieved person from
seeking any other remedy provided by law.
(e)
Action arising under this chapter shall not be rendered moot because
of the death or physical or mental incapacity of the person who was
the subject of the claimed discrimination.
(f)
Notwithstanding any provision of law, no criminal penalties shall
attach for any violation of the provisions of this article.
(Ord. No. 88-24, § 1, 5-4-88)
