[HISTORY: Adopted by the City Council of
the City of Bangor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-24-2001 by Ord. No. 01-356]
[Amended 10-14-2020 by Ord. No. 20-313]
A.
The Council finds that:
(1)
The people who make up the City include those who
are gay, lesbian, bisexual, transgender, and of other sexual and gender
identities.
(2)
Individuals may face discrimination in employment,
housing, access to public accommodations, education and in the extension
of financial credit based on their sexual orientation or gender identity.
(3)
Federal, state and town laws offer no clear prohibition
of discrimination based on sexual orientation or gender identity in
employment, housing, access to public accommodations, education and
in the extension of financial credit.
(4)
Individuals may be reluctant to report acts of harassment
or violence based on sexual orientation or gender identity because
of a lack of legal protection against discrimination in employment,
housing, access to public accommodations, education and in the extension
of financial credit.
B.
Therefore, in order to protect the public health,
safety and welfare, it is declared to be the policy of this City to
prevent discrimination in employment, housing, access to public accommodations,
education or in the extension of credit, on account of sexual orientation
or gender identity.
As used in this chapter, unless the context
otherwise indicates, the following words shall have the following
meanings:
Any communication, oral or written, by a person to a creditor
requesting an extension of credit to that person or to any other person,
and includes any procedure involving the renewal or alteration of
credit privileges or the changing of the name of the person to whom
credit is extended.
The right granted by a creditor to a person to defer payment
of debt or to incur debt and defer its payment, or purchase property
or services and defer payment therefor.
Any person who regularly extends or arranges the extension
of credit for which the payment of a finance charge or interest is
required, whether in connection with loans, sale of property or services
or otherwise.
Any transaction with respect to which credit is granted or
arranged by the seller. The term includes any contract in the form
of a bailment or lease if bailee or lessee contracts to pay as compensation
for use a sum substantially equivalent to or in excess of the aggregate
value of the property and services involved and it is agreed that
the bailee or lessee will become the owner of the property upon full
compliance with their obligations under the contract.
Any invitation to apply for credit, application for credit,
extension of credit or credit sale.
Includes, without limitation, "segregate" or "separate."
Any public school or educational program, any public post-secondary
institution, any private school or educational program approved for
tuition purposes (if both male and female students are admitted) and
the governing body of such school or program.
An individual who is employed by an employer, but not including
any individual employed by their parents, spouse or child.
Any person in this City employing any number of employees,
whatever the place of employment of such employees, and any person
outside this City employing any number of employees whose usual place
of employment is in this City; any person acting in the interest of
any employer, directly or indirectly; and labor organizations, whether
or not organized on a religious, fraternal or sectarian basis, with
respect to their employment of employees; but does not include a religious
or fraternal corporation or association, not organized for private
profit and in fact not conducted for private profit, with respect
to employment of its members of the same religion, sect or fraternity.
Any person undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer or place
employees; it includes, without limitation, placement services, training
schools and centers, and labor organizations, to the extent that they
act as employee referral sources; and it includes any agent of such
person.
Any acts incident to the evaluation of an application for
credit and the granting of credit.
One's self-identification as a particular gender.
[Added 10-14-2020 by Ord. No. 20-313]
Any building or structure or portion thereof, or any parcel
of land, developed or undeveloped, which is occupied, or is intended
to be occupied or to be developed for occupancy, for residential purposes,
excepting:
The rental of a one-family unit of a two-family
dwelling, one unit of which is occupied by the owner.
The rental of not more than four rooms of a
one-family dwelling which is occupied by the owner.
The rental of any dwelling owned, controlled
or operated for other than a commercial purpose by a religious corporation
to its membership unless such membership is restricted on account
of sexual orientation or gender identity.
[Amended 10-14-2020 by Ord. No. 20-313]
Any communication, oral or written, by a creditor which encourages
or prompts an application for credit.
One or more individuals, partnerships, associations, organizations,
corporations, municipal corporations, legal representatives, trustees,
trustees in bankruptcy, receivers and other legal representatives,
and includes the City and all agencies thereof.
A facility or establishment operated by a public
or private entity, whose operations fall within at least one of the
following categories:
An inn, hotel, motel or other place of lodging,
whether conducted for entertainment or accommodation of transient
guests or those seeking health, recreation or rest.
A restaurant, eating house, bar, tavern, buffet,
saloon, soda fountain, ice cream parlor or other establishment serving
or selling food or drink.
A motion-picture house, theater, concert hall,
stadium, roof garden, airdrome, or other place of exhibit or entertainment.
An auditorium, convention center, lecture hall
or other place of public gathering.
A bakery, grocery store, clothing store, hardware
store, shopping center, garage, gasoline station or other sales or
rental establishment.
A laundromat, dry cleaner, bank, barber shop,
beauty shop, travel service, shoe repair service, funeral parlor,
gas station, office of an accountant or lawyer, pharmacy, insurance
office, professional office of a health care provider, hospital, dispensary,
clinic, bathhouse or other service establishment.
All public conveyances operated on land or water
or in the air as well as a terminal, depot or other station used for
specified public transportation.
A museum, library, gallery or other place of
public display or collection.
A park, zoo, amusement park, race course, skating
rink, fair, bowling alley, golf course, golf club, country club, gymnasium,
health spa, shooting gallery, billiard or pool parlor, swimming pool,
seashore accommodation, boardwalk or other place of recreation, exercise
or health.
A nursery, elementary, secondary, undergraduate
or postgraduate school or other place of education.
A day-care center, senior citizen center, homeless
shelter, food bank, adoption agency or other social service center
establishment.
Public elevators of buildings occupied by two
or more tenants or by the owner and one or more tenants.
A municipal building, courthouse, City hall
or other establishment of the state or a local government.
Any facility or establishment that in fact caters
to, or offers its goods, facilities or services to, or solicits or
accepts patronage from, the general public, regardless of where any
goods or services are actually provided.
When a place of public accommodation is located
in a private residence, the portion of the residence used exclusively
as a residence is not covered by this article, but that portion used
exclusively in the operation of the place of public accommodation
or that portion used both for the place of public accommodation and
for the residential purposes is covered by this article. The covered
portion of the residence extends to those elements used to enter the
place of public accommodation, and those exterior and interior portions
of the residence available to or used by customers or clients, including
restrooms.
"Real estate broker" and "real estate sales agent" have the
same meanings as in 32 M.R.S.A. §§ 13198 and 13200,
respectively, but include all persons meeting those definitions, whether
they are licensed or required to be licensed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Having a preference or orientation for, being identified
as having a preference or orientation for, or having a history of
a preference for, heterosexuality, homosexuality, bisexuality, pansexuality,
or asexuality.
[Amended 10-14-2020 by Ord. No. 20-313]
It shall be unlawful employment discrimination,
in violation of this article, except where based on a bona fide occupational
qualification:
A.
For any employer to fail or refuse to hire or otherwise
discriminate against any applicant for employment because of sexual
orientation or gender identity or because of such reason to discharge
an employee or discriminate with respect to hire, tenure, promotion,
transfer, compensation, terms, conditions or privileges of employment,
or any other matter directly or indirectly related to employment,
or in recruiting of individuals for employment or in hiring them,
to utilize any employment agency which such employer knows, or has
reasonable cause to know, discriminates against individuals because
of their sexual orientation or gender identity.
[Amended 10-14-2020 by Ord. No. 20-313]
B.
For any employment agency to fail or refuse to classify
properly or refer for employment or otherwise discriminate against
any individual because of sexual orientation or gender identity, or
to comply with an employer's request for the referral of job applicants,
if such request indicates, whether directly or indirectly, that such
employer will not afford full and equal employment opportunities to
individuals regardless of their sexual orientation or gender identity.
[Amended 10-14-2020 by Ord. No. 20-313]
C.
For any labor organization to exclude from apprenticeship
or membership, or to deny full and equal membership rights, to any
applicant for membership, because of sexual orientation or gender
identity, or because of such reason to deny a member full and equal
membership rights, expel from membership, penalize or otherwise discriminate
in any manner with respect to hire, tenure, promotion, transfer, compensation,
terms, conditions or privileges of employment, representation, grievances
or any other matter directly or indirectly related to membership or
employment, whether or not authorized or required by the constitution
or bylaws of such labor organization or by a collective labor agreement
or other contract, or to fail or refuse to classify properly or refer
for employment, or otherwise to discriminate against any member because
of such sexual orientation or gender identity, or to cause or attempt
to cause an employer to discriminate against an individual in violation
of this section.
[Amended 10-14-2020 by Ord. No. 20-313]
D.
For any employer or employment agency or labor organization,
prior to employment or admission to membership of any individual,
to:
[Amended 10-14-2020 by Ord. No. 20-313]
(1)
Elicit or attempt to elicit any information, directly
or indirectly pertaining to sexual orientation or gender identity
except where some privileged information is necessary for an employment
agency or labor organization to make a suitable job referral.
(2)
Make or keep a record of sexual orientation or gender
identity.
(3)
Use any form of application for employment or personnel
or membership containing questions or entries directly or indirectly
pertaining to sexual orientation or gender identity.
(4)
Print or publish or cause to be printed or published
any notice or advertisement relating to employment or membership indicating
any preference, limitation, specification or discrimination based
upon sexual orientation or gender identity.
(5)
Establish, announce or follow a policy of denying
or limiting, through a quota system or otherwise, employment or membership
opportunities of any group because of sexual orientation or gender
identity.
E.
For an employer or employment agency or labor organization
to discriminate in any manner against any individual because they
have opposed any practice which would be a violation of this article,
or because they have made a charge, testified or assisted in any manner
in any investigation, proceeding or hearing under this article.
F.
For any employer, employment agency or labor organization,
on the basis of sexual orientation or gender identity, to apply any
rule concerning the actual or potential family or marital status of
a person.
[Amended 10-14-2020 by Ord. No. 20-313]
It shall not be unlawful employment discrimination:
A.
Records. After employment or admission to membership,
to make a record of such features of an individual as are needed in
good faith for the purpose of identifying them, provided such record
is intended and used in good faith solely for such identification,
and not for the purpose of discrimination in violation of this article.
B.
Required records. To record any data required by law,
or by the rules and regulations of any state or federal agency, provided
such records are kept in good faith for the purpose of complying with
law, and are not used for the purpose of discrimination in violation
of this article.
[Amended 10-14-2020 by Ord. No. 20-313]
It shall be unlawful housing discrimination,
in violation of this article:
A.
For any owner, lessee, sublessee, managing agent or
other person having the right to sell, rent, lease or manage a housing
accommodation, or any agent of these, to make or cause to be made
any written or oral inquiry concerning the sexual orientation or gender
identity of any prospective purchaser, occupant or tenant of such
housing accommodation; or to refuse to show or refuse to sell, rent,
lease, let or otherwise deny to or withhold from any individual such
housing accommodation because of sexual orientation or gender identity
of such individual; or to issue any advertisement relating to the
sale, rental or lease of such housing accommodation which indicates
any preference, limitation, specification or discrimination based
upon sexual orientation or gender identity; or to discriminate against
any individual because of sexual orientation or gender identity in
the price, terms, conditions or privileges of the sale, rental or
lease of any such housing accommodations or in the furnishing of facilities
or services in connection therewith, or to evict or attempt to evict
any tenant of any housing accommodation because of sexual orientation
or gender identity;
B.
For any real estate broker or real estate sales person,
or agent of one of them, to fail or refuse to show any applicant for
a housing accommodation any such accommodation listed for sale, lease
or rental, because of sexual orientation or gender identity of such
applicant or of any intended occupant of such accommodation, or to
misrepresent for the purpose of discriminating on account of sexual
orientation or gender identity of such applicant or intended occupant
the availability or asking price of a housing accommodation listed
for sale, lease or rental; or for such a reason to fail to communicate
to the person having the right to sell or lease such housing accommodation
any offer for the same made by any applicant thereof; or in any other
manner to discriminate against any applicant for housing because of
sexual orientation or gender identity of such applicant or of any
intended occupant of the housing accommodation, or to make or cause
to be made any written or oral inquiry or record concerning the sexual
orientation or gender identity of any such applicant or intended occupant,
or to accept for listing any housing accommodation when the person
having the right to sell or lease the same has directly or indirectly
indicated an intention of discriminating among prospective tenants
or purchasers on the ground of their sexual orientation or gender
identity, or when they know or have reason to know that the person
having the right to sell or lease such housing accommodation has made
a practice of such discrimination since the effective date of this
article; or
C.
For any person to whom application is made for a loan
or other form of financial assistance for the acquisition, construction,
rehabilitation, repair or maintenance of any housing accommodation,
whether secured or unsecured, or agent of such person, to make or
cause to be made any oral or written inquiry concerning the sexual
orientation or gender identity of any individual seeking such financial
assistance, or of existing or prospective occupants or tenants of
such housing accommodations; or to discriminate in the granting of
such financial assistance, or in the terms, conditions or privileges
relating to the obtaining or use of any such financial assistance,
against any applicant because of the sexual orientation or gender
identity of such applicant or of the existing or prospective occupants
or tenants.
[Amended 10-14-2020 by Ord. No. 20-313]
Nothing in this article shall be construed in
any manner to prohibit or limit the exercise of the privilege of every
person and the agent of any person having the right to sell, rent,
lease or manage a housing accommodation to set up and enforce specifications
in the selling, renting, leasing or letting thereof or in the furnishings
of facilities or services in connection therewith which are not based
on the sexual orientation or gender identity of any prospective or
actual purchaser, lessee, tenant or occupant thereof. Nothing in this
article shall be construed in any manner to prohibit or limit the
exercise of the privilege of every person and the agent of any person
making loans for or offering financial assistance in the acquisition,
construction, rehabilitation, repair or maintenance of housing accommodations
to set standards and preferences, terms, conditions, limitations or
specifications for the granting of such loans or financial assistance
which are not based on the sexual orientation or gender identity of
any existing or prospective owner, lessee, tenant or occupant of such
housing accommodation. Nothing in this article shall be construed
in any manner as to interfere with the ability of a person to express
preferences based upon sex in their own shared living situation or
as otherwise allowed under the Fair Housing Act.
[Amended 10-14-2020 by Ord. No. 20-313]
It shall be unlawful public accommodations discrimination,
in violation of this article:
A.
For any person, being the owner, lessee, proprietor,
manager, superintendent, agent or employee of any place of public
accommodation, to directly or indirectly refuse, discriminate against
or in any manner withhold from or deny the full and equal enjoyment
to any person, on account of sexual orientation or gender identity,
any of the accommodations, advantages, facilities, goods, services
or privileges of such place of public accommodation, or for such reason
in any manner to discriminate against any person in the price, terms
or conditions upon which access to such accommodations, advantages,
facilities, goods, services and privileges may depend; or
B.
For any person to directly or indirectly publish,
display or communicate any notice or advertisement to the effect that
any of the accommodations, facilities and privileges of any place
of public accommodation shall be refused, withheld from or denied
to any person on account of sexual orientation or gender identity,
or that the patronage or custom of any person belonging to or purporting
to be of any particular sexual orientation or gender identity is unwelcome,
objectionable or not acceptable, desired or solicited, or that the
clientele thereof is restricted to members of particular sexual orientation
or gender identity. The production of any communication, notice or
advertisement purporting to relate to any such place of accommodation
shall be presumptive evidence in any action that the same was authorized
by its owner, manager or proprietor.
[Amended 10-14-2020 by Ord. No. 20-313]
It shall be unlawful credit discrimination for
any creditor to refuse the extension of credit to any person or to
apply any rule concerning the actual or potential family or marital
status of a person, on the basis of sexual orientation or gender identity
in any credit transaction. It shall not be unlawful credit discrimination
to comply with the terms and conditions of any bona fide group credit
life, accident and health insurance plan, for a financial institution
extending credit to a married person to require both the husband and
the wife to sign a note and a mortgage and to deny credit to persons
under the age of 18 or to consider a person's age in determining the
terms upon which credit will be extended.
[Amended 10-14-2020 by Ord. No. 20-313]
It shall be unlawful educational discrimination
for an educational institution, on the basis of sexual orientation
or gender identity, to:
A.
Exclude a person from participation in, deny a person
the benefits of or subject a person to discrimination in any academic,
extracurricular, research, occupational training or other program
or activity.
B.
Deny a person equal opportunity in athletic programs.
C.
Apply any rule concerning the actual or potential
family or marital status of a person.
D.
Deny admission to the institution or program or fail
to provide equal access to and information about an institution or
program through recruitment.
E.
Deny financial assistance availability or opportunity.
A.
A person may not discriminate against any individual
because that individual has opposed any act or practice that is unlawful
under this article or because that individual made a charge, testified,
assisted or participated in any manner in an investigation or proceeding
under this article.
B.
It is unlawful for a person to coerce, intimidate,
threaten or interfere with any individual in the exercise or enjoyment
of the rights granted or protected by this article or because that
individual has exercised or enjoyed, or has aided or encouraged another
individual in the exercise or enjoyment of, those rights.
C.
The remedies and procedures available under the enforcement
provisions of this article are available to persons for violations
of the preceding two subsections.
A.
A violation of this article shall be a civil infraction
and shall be enforceable in the Maine Superior Court in a civil action.
Not later than two years after the act of unlawful discrimination
complained of, a person who has been subject to unlawful discrimination
may file a civil action in the Superior Court against the person or
persons who committed the unlawful discrimination.
B.
In any civil action under this article, the burden
shall be on the person seeking relief to prove, by a fair preponderance
of the evidence, that the alleged unlawful discrimination occurred.
C.
In any action filed under this article by any person:
(1)
If the Court finds that unlawful discrimination occurred,
its judgment shall specify an appropriate remedy or remedies therefor.
Such remedies may include, but are not limited to, any and all remedies
provided for in the Maine Human Rights Act, 5 M.R.S.A. § 4613,
as same may be amended from time to time.
(2)
Where any person who has been the subject of alleged
unlawful housing discrimination has not acquired substitute housing,
temporary injunctions against the sale or rental to others of the
housing accommodations as to which the violation allegedly occurred,
or against the sale or rental of a single housing accommodation substantially
identical thereto and controlled by the alleged violator, shall be
liberally granted in the interests of furthering the purposes of this
article, when it appears probable that the plaintiff will succeed
upon final disposition of the case.
(3)
In any civil action under this article, the court,
in its discretion, may allow the prevailing party reasonable attorneys'
fees and costs.
In addition to the other exceptions and exemptions
provided in this article, this article does not:
A.
Require the teaching of any particular subject in
the public schools;
B.
Apply to a religious corporation, association or organization;
C.
Apply to the state or federal government, or any of
its agencies, including but not limited to the University of Maine
System; or
D.
Require any form of affirmative action based on sexual
orientation or gender identity.
[Amended 10-14-2020 by Ord. No. 20-313]
