[Amended 1-4-2017 by Ord. No. 2017-02]
While the City of Ithaca Municipal Code presently provides human rights protections related to fair housing, it does not contain similar provisions prohibiting discrimination in the areas of credit; education; employment, and public accommodations. Therefore, the Common Council of the City of Ithaca is desirous of providing for protection against discrimination to its residents in all of these areas. Furthermore, Common Council wishes to extend human rights protection to the following list of protected classes: Persons who are discriminated against on the basis of actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight.
When used in this article, the following terms shall have the meanings indicated:
COMMERCIAL SPACE Any space in a building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof.
CREDIT The right conferred upon a person by a creditor to incur debt and defer its payment, whether or not any interest or finance charge is made for the exercise of this right.
CREDITOR Any person or financial institution which does business in this city and which extends credit or arranges for the extension of credit by others. The term "creditor" includes, but is not limited to, banks and trust companies, private bankers, foreign banking corporations and national banks, savings banks, licensed lenders, savings and loan associations, credit unions, sales finance companies, insurance premium finance agencies, insurers, credit card issuers, mortgage brokers, mortgage companies, mortgage insurance corporations, wholesale and retail merchants and factors.
CREDIT REPORTING BUREAU Any person doing business in this city who regularly makes credit reports, as such term is defined by Subdivision e of § 371 of the General Business Law.
DISABILITY Any physical or mental impairment that substantially limits a major life activity or any record of such an impairment or being regarded by others as having such an impairment. Examples of physical or mental impairments include but are not limited to such contagious and noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; HIV disease (whether symptomatic or asymptomatic); tuberculosis; drug addiction; alcoholism; mental retardation; organic brain syndrome; emotional illness and specific learning disabilities.
[Amended 9-3-2003 by Ord. No. 2003-16]
EMPLOYEE An individual who performs services for and under the control and direction of an employer for wages or other remuneration, but not including any individual employed by his or her parents, spouse or child, or in the domestic service of any person, nor any person whose work qualifies under applicable New York State law as that of an independent contractor.
[Amended 5-4-2022 by Ord. No. 2022-03]
EMPLOYER Any person, firm, partnership, institution, corporation, or association that employs one or more employees, but not including any such entity with fewer than four employees in its employ.
[Amended 5-4-2022 by Ord. No. 2022-03]
EMPLOYMENT AGENCY Any person undertaking to procure employees or opportunities to work as an employee.
[Amended 5-4-2022 by Ord. No. 2022-03]
FAMILIAL STATUS A. Any person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of 18 years; or
B. One or more individuals (who have not attained the age of eighteen years) being domiciled with:
(1) A parent or another person having legal custody of such individual or individuals, or
(2) The designee of such parent.
GENDER Includes actual or perceived sex and shall also include a person's gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.
GENDER IDENTITY OR EXPRESSION When one's perception of self is different from their assigned sex at birth. External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.
[Added 1-4-2017 by Ord. No. 2017-02]
GENETIC ANOMALY Any variation in an individual's DNA, which has been shown to confer a genetically influenced disease or predisposition to a genetically influenced disease or makes the individual a carrier of such variation. For this purpose The term "carrier" shall mean a carrier of a genetic anomaly being an individual who is at risk of having offspring with a genetically influenced disease but who has no predisposition of incurring that disease himself or herself.
GENETIC PREDISPOSITION The presence of a variation in the composition of the genes of an individual which is scientifically or medically identifiable and which is determined to be associated with an increased statistical risk of being expressed as a physical or mental disease or disability in the individual but which has not resulted in any symptoms of such disease or disorder.
GENETIC TEST An assay employing DNA, constituent genes, or gene products to diagnose or predict the presence of a genetic anomaly that is linked to a physical or mental disease or disability in the individual or the individual's offspring, or susceptibility to or predisposition for a genetically influenced disease or disability.
HOUSING ACCOMMODATION Includes any building, structure, 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 human beings.
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 in connection with employment.
PERSON Includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT Includes, except as hereinafter specified, all places included in the meaning of such terms as: inns, taverns, road houses, hotels, or motels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest; or restaurants or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectionaries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives or where beverages of any kind are retailed for consumption on the premises; wholesale and retail stores and establishments dealing with goods or services of any kind; dispensaries, clinics, hospitals, bath-houses, swimming pools, laundries and all other cleaning establishments, barbershops, beauty parlors, theaters, motion-picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies or bureaus; public halls and public elevators of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants. Such term shall not include public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of the regents of the State of New York; any such public library, kindergarten, primary and secondary school, academy, college, university, professional school, extension course or other education facility, supported in whole or in part by public funds or by contributions solicited from the general public; or any institution, club or place of accommodation which proves that it is in its nature distinctly private. In no event shall an institution, club or place of accommodation be considered in its nature distinctly private if it has more than one hundred members, provides regular meal service and regularly receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of a nonmember for the furtherance of trade or business. An institution, club, or place of accommodation which is not deemed distinctly private pursuant to this subsection may nevertheless apply such selective criteria as it chooses in the use of its facilities, in evaluating applicants for membership and in the conduct of its activities, so long as such selective criteria do not constitute discriminatory practices under this article or any other provision of law. For the purposes of this section, a corporation incorporated under the benevolent orders law or described in the benevolent orders law but formed under any other law of this state or a religious corporation incorporated under the education law or the religious corporations law shall be deemed to be in its nature distinctly private. No institution, club, organization or place of accommodation which sponsors or conducts any amateur athletic contest or sparring exhibition and advertises or bills such contest or exhibition as a City of Ithaca championship contest or uses the words "City of Ithaca" in its announcements shall be deemed a private exhibition within the meaning of this section.
PUBLICLY-ASSISTED HOUSING ACCOMMODATIONS Includes all housing accommodations within the City of Ithaca in:
B. Housing operated by housing companies under the supervision of the New York State Commissioner of Housing,
C. Housing constructed after July 1, 1950, within the City of Ithaca:
(1) Which is exempt in whole or in part from taxes levied by the state or any of its political subdivisions,
(2) Which is constructed on land sold below cost by the state or any of its political subdivisions or any agency thereof, pursuant to the Federal Housing Act of 1949;
(3) Which is constructed in whole or in part on property acquired or assembled by the state or any of its political subdivisions or any agency thereof through the power of condemnation or otherwise for the purpose of such construction; or
(4) For the acquisition, construction, repair or maintenance of which the state or any of its political subdivisions or any agency thereof supplies funds or other financial assistance;
D. Housing which is located in a multiple dwelling, the acquisition, construction, rehabilitation, repair or maintenance of which is, after July 1, 1955, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and such guaranty or insurance; and
E. Housing which is offered for sale by a person who owns or otherwise controls the sale of ten or more housing accommodations located on land that is contiguous (exclusive of public streets), if:
(1) The acquisition, construction, rehabilitation, repair or maintenance of such housing accommodations is, after July 1, 1955, financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof, provided that such a housing accommodation shall be deemed to be publicly assisted only during the life of such loan and guaranty or insurance, or
(2) A commitment, issued by a government agency after July 1, 1955, is outstanding that acquisition of such housing accommodations may be financed in whole or in part by a loan, whether or not secured by a mortgage, the repayment of which is guaranteed or insured by the federal government or any agency thereof, or the state or any of its political subdivisions or any agency thereof.
REAL ESTATE BROKER Any person, firm or corporation who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate. In the sale of lots pursuant to the provisions of Article 9-A of the Real Property Law, the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.
REAL ESTATE SALESPERSON A person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to negotiate a loan on real estate, or to lease or rent or offer to lease, rent or place for rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker.
REASONABLE ACCOMMODATION Actions taken which permit an employee, prospective employee or member with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules; provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested.
REGULATED CREDITOR Any creditor, as herein defined, which has received its charter, license, or organization certificate, as the case may be, from the New York State Banking Department or which is otherwise subject to the supervision of the New York State Banking Department.
SEXUAL ORIENTATION Heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived. However, nothing contained herein shall be construed to protect conduct otherwise proscribed by law.
SUPERINTENDENT The head of the New York State Banking Department appointed pursuant to § 12 of the Banking Law.
[Amended 1-4-2017 by Ord. No. 2017-02]
It shall be an unlawful discriminatory practice for an education corporation or association which holds itself out to the public to be nonsectarian and exempt from taxation pursuant to the provisions of Article 4 of the Real Property Tax Law to deny the use of its facilities to any person otherwise qualified, by reason of his or her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight.
[Amended 1-4-2017 by Ord. No. 2017-02; 7-5-2017 by L.L. No. 2017-15]
It shall be an unlawful discriminatory practice for any fire department or fire company therein, through any member or members thereof, officers, or body or office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic practice, constitutional or bylaw prescription, by tacit agreement among its members, or otherwise, to deny to any individual membership in any volunteer fire department or fire company therein, or to expel or discriminate against any volunteer member of a fire department or fire company therein, based on the actual or perceived age; creed; color; disability; ethnicity; familial status; gender; height; immigration or citizenship status; marital status; national origin; race; religion; sexual orientation; socioeconomic status; or weight of such individual.
Nothing contained in this section shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, from limiting employment or sales or rental of housing accommodations or admission to or giving preference to persons of the same religion or denomination or from taking such action as is calculated by such organization to promote the religious principles for which it is established or maintained. Provided however, that this exception shall not apply to any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization if the same receives any form of financial assistance from the City of Ithaca.
Notwithstanding the provisions of this article, it shall not be an unlawful discriminatory practice for an employer, employment agency, labor organization or joint labor-management committee to carry out a plan, approved by the New York State Division of Human Rights, to increase the employment of members of a minority group (as may be defined pursuant to the regulations of the Division) which has a state-wide unemployment rate that is disproportionately high in comparison with the state-wide unemployment rate of the general population. Any plan approved under this section shall be in writing, and the Division's approval thereof shall be for a limited period and may be rescinded at any time by the Division.
[Amended 9-3-2003 by Ord. No. 2003-16 ]
A. Any individual or group aggrieved and alleging unlawful discrimination may, in addition to the remedies provided by this article, have a cause of action against the violator for money damages and any other remedy available at law.
B. Any individual or group aggrieved and alleging unlawful discrimination may also lodge a complaint with the Tompkins County Human Rights Commission, the New York State Division of Human Rights, the Equal Employment Opportunity Commission, and the United States Department of Housing and Urban Development. The Tompkins County Human Rights Commission will investigate any alleged violation of the provisions of the New York State Human Rights Law.
Any individual who violates any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment for not more than 15 days, or both such fine and imprisonment.