It is hereby declared as the public policy of the city of Cathedral City that it is necessary to protect and safeguard the right and opportunity of all persons to be free from all forms of arbitrary discrimination, including discrimination based upon sex, gender, gender identity, gender expression, marital status, domestic partnership status, sexual orientation, race, color, religion, ancestry, national origin, or disability.
(Ord. 181 § 1, 1987; Ord. 465 § 4, 1997; Ord. 779 § 3, 2016)
As used in this chapter:
"Business establishment"
means any entity, however organized, which furnishes goods, services, facilities, privileges, advantages 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 ten percent or more of the residents of the city could qualify; or
3. 
Consist of an otherwise unlawful business practice.
"Domestic partnership"
means and includes those persons who have registered as a domestic partner pursuant to a valid and current statement of domestic partnership on file with the city of Cathedral City under Chapter 11.97 of the Cathedral City Municipal Code or with any other jurisdiction with a comparable domestic partnership enactment.
"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 Cathedral City, and any person regularly employing five or more persons, or any person acting as an agent of any employer, directly or indirectly. An "employer" shall not include a religious association or a corporation organized for charitable purposes which holds an Internal Revenue Service determination of tax exempt status under Internal Revenue Code Section 501(c)(3)
"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, on behalf of employees.
"Person"
means any natural individual, person, firm, corporation, partnership or other organization, association or group of persons however organized.
"Physical handicap"
includes actual or perceived impairment of sight, hearing, or speech, or impairment of physical ability because of amputation or loss of function or coordination, and any other health impairment of medical condition which results in impairment of physical ability. It is intended that the term "physical handicap" shall include "handicap" as interpreted by the United States Supreme Court in School Board of Nassau County v. Arline, announced March 3, 1987, and as interpreted by the California Department of Fair Employment and Housing in its action against Raytheon Corporation, reported as FEP 83-84, L1-031P, L-33676, 87-04.
"Sexual orientation"
means actual or supposed heterosexuality, homosexuality, or bisexuality.
"Unlawful discriminatory practice"
means to do any act, or fail to do any act, as described herein, based in whole or in part upon a person's sex, gender, gender identity, gender expression, marital status, domestic partnership status, sexual orientation, race, color, religion, ancestry, national origin, or disability.
(Ord. 181 § 1, 1987; Ord. 465 § 5, 1997; Ord. 779 § 4, 2016)
A. 
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 of any unlawful discriminatory practice.
B. 
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 of any unlawful discriminatory practice.
C. 
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 of any unlawful discriminatory practice.
D. 
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 his or her status as an employee or as a member or as an applicant for employment, if any such action or inaction is based upon any unlawful discriminatory practice.
E. 
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 of any unlawful discriminatory practice.
(Ord. 181 § 1, 1987)
A. 
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, or any interest therein, including, but not limited to, the rental or leasing thereof, to require different terms for such transaction, to include in the terms and conditions of a transaction, on the basis of any unlawful discriminatory practice.
B. 
Credit and Insurance. It is an unlawful real estate practice for any person to refuse to lend money, refuse to guarantee a loan, refuse to 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 insurance or other insurance relating to the ownership or use of any interest in real property, on the basis on any unlawful discriminatory practice.
C. 
Tenant's Services. It is an unlawful real estate practice for any person to refuse or restrict services, repairs, or use of facilities or improvements, for any tenant or lessee on the basis of any unlawful discriminatory practice.
D. 
Exceptions. Owner-Occupied and Small Dwellings. Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in a structure which contains less than two dwelling units and is not part of a larger apartment or housing complex owned by the same owner, or to any housing unit in which it is necessary for the owner or lessor, or the mother, father, son, daughter, brother, sister, grandfather, grandmother, grandson or granddaughter of such owner or lessor, to use either a bathroom or kitchen facility in common with the prospective tenant.
(Ord. 181 § 1, 1987)
A. 
In General. It is an unlawful business practice for any person to deny any other person the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment on the basis of any unlawful discriminatory practice.
B. 
Credit. It is an unlawful business practice for any person to deny credit to any person on the basis of any unlawful discriminatory practice, or to make credit available to any person on different terms for such transaction or to require different terms for such transaction than normally required, if such different terms are based upon any unlawful discriminatory practice.
(Ord. 181 § 1, 1987)
A. 
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 of any unlawful discriminatory practice.
B. 
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 of any unlawful discriminatory practice.
C. 
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 Cathedral City on the basis of any unlawful discriminatory practice.
(Ord. 181 § 1, 1987)
A. 
Admission. It is an unlawful educational practice for any person to deny any person admission, or to impose different terms or conditions on admission, to any educational institution or class or program thereof, on the basis of any unlawful discriminatory practice.
B. 
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 of any unlawful discriminatory practice.
C. 
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 or use of, any facility owned or operated by an educational institution, on the basis of any unlawful discriminatory practice.
(Ord. 181 § 1, 1987)
It is an unlawful employment, real estate, business, service or educational practice for any person to make, print, publish, advertise, disseminate in any way any notice, statement or advertisement with respect to any employment activity, any real estate activity, any business activity, any service activity, or any educational activity which indicates that the involved activity engages in, or intends to engage in, any unlawful discriminatory practice. Any person involved in preparing or placing or seeking to place such advertising shall be responsible for violation hereof as though he or she directly made, printed, published, advertised or disseminated such information.
(Ord. 181 § 1, 1987)
It is an unlawful discriminatory practice for any person to do any of the acts constituting an unlawful practice, as specified in this chapter, for any reason which would not have been asserted but for the sex, race, color, religion, ancestry, national origin, physical handicap or sexual orientation of any other person.
(Ord. 181 § 1, 1987)
Nothing contained in this chapter shall be deemed to prohibit selection or rejection based solely upon a bona fide occupational qualification, a bona fide physical requirement, or, as to a religious or denominational institution, based upon a preference to applicant of the same religion or denomination. In any complaint made or action instituted under Section 11.88.110, if a party asserts that an otherwise unlawful practice is justified as a bona fide religious or denominational preference, that party shall have the burden of proving:
1. 
That the discrimination is in fact a necessary result of such a bona fide condition; and
2. 
That there exists no less discriminatory means of satisfying the bona fide requirement.
(Ord. 181 § 1, 1987)
A. 
Civil Action. Any aggrieved person may enforce the provisions of this chapter by means of 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 chapter 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; provided, however, that the city attorney shall not institute such action without the prior approval of the city council. The city attorney shall attempt to resolve any alleged violation upon complaint, prior to seeking authority from the city council to institute court action.
C. 
Criminal Action. Notwithstanding any provisions of this code to the contrary, no criminal penalties shall attach to any violation of the provisions of this chapter, nor shall violations of this chapter constitute infractions.
D. 
Prior Determination Required. Prior to the institution of any action based upon this chapter by the city attorney, the city attorney shall first make a formal determination that action to prohibit such unlawful practices cannot be maintained, or will not be maintained, by the Department of Fair Employment and Housing of the State of California, as to the complaint then under consideration. If the Department of Fair Employment and Housing agrees to investigate and process a complaint relating to the same matter, the city attorney shall defer action until the Department of Fair Employment and Housing has completed its investigation and action under state law, or until that department issues a "right to sue" letter to a complainant concerning the same matter.
(Ord. 181 § 1, 1987)
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 other circumstances, shall not be affected thereby and shall continue in full force and effect. If any part or provision of this chapter or the application thereof to any person or circumstance is held to be covered by state law, but some part hereof is not so covered by state law, as, for example, the inclusion of sexual orientation as a protected class, then the part hereof not covered by state law shall not be affected by such holding and shall continue in full force and effect. To this end, provisions of this chapter, in whole and in part, including individual words, phrases and parts and portions of sentences, are severable.
(Ord. 181 § 1, 1987)