Editor's Note: Ordinances, or parts of ordinances, formerly
codified herein, and not specifically repealed by the adoption of
Ord. No. 98-520 include Ordinance Nos. 7 and 21.
It is hereby declared as the public policy of the City of West
Hollywood that it is necessary to protect and safeguard the right
and opportunity of all persons to be free from discrimination on account
of sexual orientation and/or gender identity.
At the present time, federal and state laws protect against
discrimination on the grounds of race, religion, color, ancestry,
national origin, handicap, age, sex, and sexual orientation in the
employment context. With the exception of protection in the employment
context provided by state law, these laws do not protect against discrimination
on the grounds of sexual orientation or gender identity in the provision
of other services, and as a result, there is no adequate remedy under
existing law against such discrimination.
The city recognizes that the practice of discrimination against
persons on account of sexual orientation and/or gender identity deprives
the city of the full utilization of its capacity for development and
advancement, and substantially and adversely affects the interest
of the city and the public in general.
(Prior code § 4200; Ord. 98-520 § 1, 1998)
As used in this chapter:
refers to a person's actual or perceived sex, and includes
a person's identity, appearance, or behavior, whether or not that
identity, appearance, or behavior is different from that traditionally
associated with the person's sex at birth.
shall mean and include one or more individuals, partnerships,
associations, corporations, labor organizations, legal representatives,
trustees, trustees in bankruptcy, and receivers or other fiduciaries.
refers to a person's actual or perceived identity as being
lesbian, gay, bisexual or heterosexual or as having one or more attributes
commonly associated with being lesbian, gay, bisexual or heterosexual.
(Prior code § 4201; Ord. 98-520 § 1, 1998)
a.
It shall
be unlawful for any person to do any of the following acts wholly
or partially if the effect would be to discriminate against a person
on account of a person's sexual orientation and/or gender identity:
1.
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; or falsely
to represent that an interest in real property is not available for
transaction;
2.
To
include in the terms or conditions of a transaction in real property
any clause, condition, or restriction;
3.
To
refuse to lend money, guarantee the loan of money, 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; or to impose
different terms in, or conditions for, insurance;
4.
To
refuse, restrict, or segregate facilities, services, repairs or improvements
for any tenant or lessee;
5.
To
make, print, publish, advertise or disseminate in any way, or cause
to be made, printed or published, advertised or disseminated 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 an unlawful
discriminatory intent or practice.
b.
Exceptions.
1.
Nothing
in this chapter shall be construed to apply to the rental or leasing
of any housing unit in which the owner or any member of his or her
family occupies one of the living units and it is necessary for the
owner to use either a bathroom or kitchen facility in common with
the prospective tenant;
2.
Nothing
in this chapter shall be deemed to permit any rental or occupancy
of any dwelling or commercial space otherwise prohibited by law.
(Prior code § 4202; Ord. 98-520 § 1, 1998)
It shall be unlawful for any person to do any of the following
acts wholly or partially if the effect would be to discriminate against
a person on account of a person's sexual orientation and/or gender
identity:
a.
To deny,
directly or indirectly, any person the full and equal enjoyment of
the goods, services, facilities, privileges, advantages, and accommodations
of any business or place of public accommodations;
b.
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 or advertisement with respect to any business or
public accommodation which indicates that the full enjoyment of any
business or public accommodation will be refused to an individual
on account of the person's sexual orientation and/or gender identity.
(Prior code § 4203; Ord. 98-520 § 1, 1998)
Any employer, employment agency or labor organization who is,
or wishes to become, a contractor with the city for public works or
for goods or services is subject to the provisions of this chapter
relating to discrimination in employment and to the nondiscrimination
requirements of this chapter.
Prior to becoming a contractor or subcontractor with the city,
or if, at any time the city has a reasonable basis to believe non-compliance
on the part of a contractor or subcontractor, an employer, employment
agency, or labor organization may be required to submit a nondiscrimination
program to the city for approval and certification and may be required
to submit periodic reports of its compliance with such a program.
Every city contract and subcontract for public works or for
goods or services shall contain a nondiscrimination clause prohibiting
discrimination on the basis of sexual orientation and/or gender identity
by contractors or subcontractors. The nondiscrimination clause shall
contain a provision requiring contractors and subcontractors to give
written notice of their obligations under such clause to labor organizations
with which they have a collective bargaining or other agreement. Such
contractual provisions shall be fully and effectively enforced.
(Prior code § 4204; Ord. 98-520 § 1, 1998)
It is unlawful for any person to do any of the following acts
if the effect would be to discriminate against a person as a result
in whole or in part on account of that person's sexual orientation
and/or gender identity:
a.
To deny
any person the full and equal enjoyment of, or to place different
terms or conditions on the availability of the use of any city facility;
b.
To deny
any person the full and equal enjoyment of, or to impose different
terms or conditions on the availability of, any city service;
c.
To deny
any person the full and equal enjoyment of, or to impose different
terms or conditions upon the availability of, any service, program
or facility wholly or partially funded or otherwise supported by the
city;
d.
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 or advertisement with respect to any city service, facility or city-assisted facility or service as described in subsection (c) of this section which indicates that the full enjoyment of such service and facilities will be refused an individual on account of the person's sexual orientation and/or gender identity.
(Prior code § 4205; Ord. 98-520 § 1, 1998)
Actions under this chapter must be filed within one year of
the alleged discriminatory acts.
(Prior code § 4206; Ord. 98-520 § 1, 1998)
The provisions of this chapter shall be construed liberally
for the accomplishment of its purposes.
(Prior code § 4207; Ord. 98-520 § 1, 1998)
Any toilet facility designed for use by no more than one person
at a time in any business or place of public accommodation ("single
stall restrooms"), whether existing or proposed, shall not be restricted
to a specific sex or gender identity by signage, design, or installation
of fixtures.
(Ord. 14-948 § 1, 2014)
