[Adopted 5-15-2001 by Ord. No. 2001-131]
[Amended 7-22-2014 by Ord. No. 2014-195; 6-20-2017 by Ord. No. 2017-163]
The Council hereby finds and declares that the City has the responsibility to act to assure that every individual within this City is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity, whether because of discrimination, prejudice or intolerance in employment, housing, public accommodations and financing practices based upon age, race, creed, color, national origin, gender, gender identity or expression, sexual orientation, disability, marital status or source of income, not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the City and its inhabitants.
When used in this chapter, the following terms shall have the following definitions:
AGE Includes only persons who are 18 years of age and older.
CLOSED CAPTIONING A visual transcript or dialog of the audio portion of a television program that is displayed on a portion of a television receiver screen when the user activates the feature.
[Added 9-19-2017 by Ord. No. 2017-320]
CLOSED-CAPTIONED TELEVISION RECEIVER A receiver of television programming that has the ability to display closed captioning, including but not limited to a television, digital set top box, and other technology capable of displaying closed captioning for television programming.
[Added 9-19-2017 by Ord. No. 2017-320]
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 extends credit or arranges for the extension of credit by others.
CREED Religion and all aspects of religious observance and practice, as well as belief; provided, however, that in all provisions of this chapter dealing with employment, the term shall be limited to religious observances and practices which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.
DISABILITY A. A physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques;
B. A record of such an impairment; or
C. A condition regarded by others as such an impairment; provided, however, that in all provisions of this chapter dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.
D. However, as used in this chapter, the term "disability" shall not include any conditions or disorders which are excluded from coverage under the Federal Americans With Disabilities Act.
[Added 6-28-2001 by Ord. No. 2001-221]
DISCRIMINATION, DISCRIMINATE or DISCRIMINATORY Any direct or indirect act, policy or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference based on, or the perception of, age, race, creed, color, national origin, gender, gender identity or expression, sexual orientation, disability, marital status or source of income; or the aiding, abetting, inciting, coercing or compelling thereof.
[Amended 7-22-2014 by Ord. No. 2014-195; 6-20-2017 by Ord. No. 2017-163]
DISTINCTLY PRIVATE Any private club, institution or membership organization, except that it shall not include any club, institution or membership organization that has more than 100 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.
EMPLOYEE Does not include any individual employed by his or her parents, spouse or child, or in the domestic service of any person.
EMPLOYER Does not include any employer with fewer than four persons in his or her employ.
EMPLOYMENT AGENCY Any person undertaking to procure employees or opportunities to work.
FINANCIAL INSTITUTION 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, bonding companies, surety companies, or other commercial institutions that extend secured or unsecured credit or offer insurance.
GENDER Includes the biological and/or social characteristics of gender and gender identity.
GENDER IDENTITY OR EXPRESSION Having, or being perceived as having, a 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 sex assigned to that person at birth.
[Added 7-22-2014 by Ord. No. 2014-195]
HOUSING 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 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.
MARITAL STATUS The status of being married, unmarried, divorced, separated, or widowed.
NATIONAL ORIGIN Ancestry, persons not citizens and their descendants, and persons naturalized and their descendants.
PERSON One or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT All providers, whether licensed or unlicensed, of goods, services, facilities, accommodations, advantages, amusements and privileges of any kind, and places, whether licensed or unlicensed, where goods, services, facilities, accommodations, advantages, amusements and privileges of any kind are extended, offered, sold or otherwise made available to the general public, or that receive financial support through the general public or through governmental subsidy of any kind. Such term shall not include any institution, club or place of accommodation which proves that it is in its nature distinctly private.
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.
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 or which permit an employee's or a prospective employee's religious observance or practice; 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.
REDLINING The practice of denying financing, credit or insurance based on discrimination as to the applicant or the neighborhood in which the applicant resides or is seeking to reside.
REGULAR BUSINESS HOURS The hours of any day in which a place of public accommodation, resort or amusement is open to members of the general public.
[Added 9-19-2017 by Ord. No. 2017-320]
SEXUAL ORIENTATION Homosexuality, heterosexuality, bisexuality or asexuality, whether actual or perceived.
SOURCE OF INCOME Payments from a lawful occupation or employment, as well as other payments, including, but not limited to, pensions, annuities, public assistance, supplemental security income, social security disability insurance, unemployment benefits. Housing Choice Vouchers (formerly known as Section 8), other housing voucher or subsidy programs, and any other governmental or charitable subsidy.
[Added 6-20-2017 by Ord. No. 2017-163]
It is unlawful for any person engaging in any activity to which this chapter applies to retaliate or otherwise discriminate against any person because he or she has opposed any practices forbidden under this chapter or because he or she has filed a complaint, testified or assisted in any proceeding under this chapter.
If any clause, sentence, paragraph or part of this chapter or the application thereof to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter.
[Adopted 5-20-2014 by Ord. No. 2014-155]
The City of Rochester, its vendors, and any employer located within the City of Rochester shall not make any inquiry regarding or pertaining to an applicant's prior criminal conviction on any initial employment application. Consideration of an applicant's prior criminal conviction(s) shall take place only after an employment application is submitted and after any initial employment interview.
For purposes of this article, the following terms shall have the following meanings:
APPLICANT Any person considered or who requests to be considered for employment by an employer.
CITY The City of Rochester, its departments, administrative units and agencies.
CRIMINAL CONVICTION Entry of a plea of guilty, or a verdict of guilty, for a misdemeanor or felony offense in this state or any other jurisdiction.
EMPLOYER The City, its vendors, or any entity that employs persons in any position for which the primary place of work is located within the City of Rochester, including a person, partnership, company, business corporation, limited liability company, public corporation, labor organization, not-for-profit corporation, or association. "Employer" shall also include temporary, job placement, referral, or other employment agencies. "Employer" shall not include an employer with fewer than four persons in its employ.
EMPLOYMENT Any work for pay, including temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary, job placement, referral, or other employment agency, for any work or position for which the primary place of work is located within the City of Rochester. "Employment" shall not, for the purposes of this article, include employment by any government law enforcement agency or any position classified as a police officer or peace officer pursuant to the Criminal Procedure Law.
INTERVIEW Any direct contact by the employer with the applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications.
VENDOR Any vendor, contractor, or supplier of goods or services to the City of Rochester, including vendors located outside the City of Rochester limits.