[HISTORY: Adopted by the Rochester City Council
as indicated in article histories. Amendments noted where applicable.]
[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:
Includes only persons who are 18 years of age and older.
A qualification reasonably necessary to the operation of
a particular business.
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]
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]
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.
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.
Any person or financial institution which extends credit
or arranges for the extension of credit by others.
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.
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;
A record of such an impairment; or
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.
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]
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]
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.
Shall have the same meaning as set forth in § 120-208 of the Municipal Code.
[Amended 11-19-2002 by Ord. No. 2002-354]
Does not include any individual employed by his or her parents,
spouse or child, or in the domestic service of any person.
Does not include any employer with fewer than four persons
in his or her employ.
Any person undertaking to procure employees or opportunities
to work.
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.
Includes the biological and/or social characteristics of
gender and gender identity.
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]
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.
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.
The status of being married, unmarried, divorced, separated,
or widowed.
Ancestry, persons not citizens and their descendants, and
persons naturalized and their descendants.
One or more individuals, partnerships, associations, corporations,
legal representatives, trustees, trustees in bankruptcy, or receivers.
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.
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.
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.
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.
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.
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]
Homosexuality, heterosexuality, bisexuality or asexuality,
whether actual or perceived.
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]
A.
It shall be unlawful, due to discrimination, for any
person, being the owner, lessee, proprietor, manager, superintendent,
agent or employee of any place of public accommodation, resort or
amusement, to directly or indirectly:
[Amended 9-19-2017 by Ord. No. 2017-320]
(1)
Refuse, withhold from, deny or charge a higher rate
for any goods, services, facilities, accommodations, advantages, amusements
or privileges of any kind, including the extension of credit;
(2)
Publish, circulate, issue, display, post or mail any
written or printed communication, notice or advertisement, to the
effect that any of the goods, services, facilities, accommodations,
advantages, amusements or privileges of any kind of any such place
shall be refused, withheld from, denied or charged a higher rate to
any person, or that the patronage or custom thereat of any person
is unwelcome, objectionable or not acceptable, desired or solicited;
(3)
Deny any individual the full and equal enjoyment of facilities and
services by failing to continuously activate the closed captioning
feature on closed-captioned television receivers in use at any place
of public accommodation, resort or amusement that is accessible to
the public during regular business hours. This provision shall not
apply if:
B.
Nothing in this section shall be construed to prevent
the barring of any person, because of the gender of such person, from
a place of public accommodation, resort or amusement based on bona
fide considerations of public policy.
A.
It shall be unlawful to directly or indirectly do
the following:
(1)
For any employer or licensing agency, due to discrimination,
to refuse to hire or employ or to bar or to discharge from employment,
suspend or demote any person, or to discriminate against any person
in compensation or in terms, conditions or privileges of employment;
(2)
For any employment agency, to discriminate against
any person in receiving, classifying, disposing or otherwise acting
upon applications for its services or in referring an applicant to
an employer;
(3)
For any labor organization, due to discrimination,
to exclude or to expel from its membership any person, or to discriminate
against any of its members or against any employer or any person employed
by an employer;
(4)
For any person, due to discrimination, to exclude
any person from participation in a guidance program, an apprenticeship
training program or other occupational training or retraining program,
or to discriminate against any person in the terms, conditions or
privileges of such program; or
(5)
For any employer or employment agency or person to
print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for
employment, guidance program or training program or to make any inquiry
in connection with prospective employment, a guidance program or training
program which expresses, directly or indirectly, any discrimination,
or any intent to discriminate, unless based upon a bona fide occupational
qualification; provided, however, that neither this subsection nor
any provision of this chapter shall be construed to prohibit the City
from requesting information from applicants for civil service examinations
for the purpose of conducting studies to identify and resolve possible
problems in recruitment and testing to ensure the fairest possible
and equal opportunities for employment in the civil service for all
persons.
A.
It shall be unlawful, due to discrimination, for the
owner, lessee, sublessee, assignee, or managing agent of, real estate
broker, real estate salesperson or other person having the right to
sell, rent or lease real property, housing or commercial space, constructed
or to be constructed, or any officer, agent or employee thereof:
(1)
To refuse to show, sell, transfer, rent, lease or
refuse to receive and transmit any bona fide offer to buy, sell, rent
or lease any real property, housing or commercial space;
(2)
To discriminate against any person in the terms, conditions
or privileges of the sale, rental or lease of any real property, housing
or commercial space or in the furnishing of facilities or services
in connection therewith; or
(3)
To print or circulate or cause to be printed or circulated
any statement, advertisement or publication, or to use any form of
application for the purchase, rental or lease of real property, housing
or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of real property, housing
or commercial space which expresses, directly or indirectly, any discrimination
or any intent to discriminate, but nothing in this subsection prohibits
using a form or making a record or inquiry for the purpose of required
government reporting.
B.
The provisions of Subsection A shall not apply:
[Amended 6-20-2017 by Ord. No. 2017-163]
(1)
To the rental of a dwelling unit in a two-family dwelling,
if the owner or members of the owner's family reside in one of such
dwelling units;
(2)
To the restriction of the rental of all rooms in a
dwelling to individuals of the same gender;
(3)
To the rental of a room or rooms in a dwelling if
the renter or lessee would share common living areas with the owner
or lessor or members of the owner's or lessor's family; or
(4)
Solely with respect to age, to the restriction of
the sale, rental or lease of housing exclusively to persons 55 years
of age or older.
C.
It shall be an unlawful discriminatory practice, based on the actual
or perceived source of income, for the owner, lessee, sublessee, assignee,
or managing agent of, real estate broker, real estate salesperson
or other person having the right to sell, rent or lease housing, constructed
or to be constructed, or any officer, agent or employee thereof:
[Added 6-20-2017 by Ord.
No. 2017-163]
(1)
To refuse to show, sell, transfer, rent, lease or refuse to receive
and transmit any bona fide offer to buy, sell, rent or lease any housing;
(2)
To exclude, deny, restrict, limit, segregate, or otherwise differentiate
against any person in the terms, conditions or privileges of the sale,
rental or lease of any housing or in the furnishing of facilities
or services in connection therewith; or
(3)
To print or circulate or cause to be printed or circulated any statement,
advertisement or publication, or to use any form of application for
the purchase, rental or lease of housing or to make any record or
inquiry in connection with the prospective purchase, rental or lease
of housing which expresses, directly or indirectly, any differentiation
or intent to differentiate on the basis of source of income.
D.
The following conduct shall not constitute an unlawful discriminatory practice under Subsection C:
[Added 6-20-2017 by Ord.
No. 2017-163]
(1)
An inquiry, required disclosure, or required verification about a
person's source of income that is necessitated by a federal,
state, or local law that is generally applicable, applicable to the
housing at issue, or applicable to the financing or subsidies necessary
to a person's purchase or leasing of such housing.
(2)
A refusal to rent or lease housing to a person due to one or more
of the following conditions and such refusal is based on selection
criteria that are applied equally to all tenants or prospective tenants
or purchaser without regard to the category of income source:
(3)
A refusal to rent or lease housing to a person whose income is from
an illegal source.
A.
It shall be unlawful for any financial institution
or any officer, agent or employee thereof:
(1)
To discriminate in the granting, withholding, extending
or renewing, or in the fixing of the rates, terms or conditions of,
any form of financial assistance, insurance or credit, except to the
extent of a federal statute or regulation applicable to such a transaction;
(2)
To use any form of application for financial assistance,
insurance or credit or use or make any record or inquiry which expresses,
directly or indirectly, any discrimination or intent to discriminate,
unless the inquiry is for the purpose of determining the applicant's
creditworthiness or insurability; or
(3)
To engage in redlining.
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.
A.
It shall not be a violation of this chapter for a
religious organization or institution, or any organization operated
for charitable or educational purposes, which is operated, supervised
or controlled by or in connection with a religious organization, to
restrict employment, or any of its facilities, housing or accommodations
that are operated as a direct part of religious activities, to persons
of the same denomination, or from taking such action as is calculated
by such organization to promote the religious principles for which
it is established or maintained.
B.
This chapter shall not apply to the United States
Government, the State of New York or the County of Monroe, or their
departments, subdivisions, agencies, public authorities, officers
or employees.
C.
A distinctly private club, institution or membership
organization may apply such selective criteria as it chooses in the
selection of its members without being in violation of this chapter,
and any club, institution or membership organization, whether distinctly
private or not, may restrict its services, facilities and privileges
solely to its members.
D.
It shall not be a violation of this chapter for any
person or the City to develop a bona fide affirmative action plan
to overcome the effects of past discrimination or that is otherwise
consistent with federal and New York State law, and to take action
not otherwise prohibited by federal and New York State law to carry
out such a plan.
[Amended 6-28-2001 by Ord. No. 2001-221]
E.
It shall not be a violation of this chapter for an
employer to enact, agree to or enforce reasonable anti-nepotism or
anti-fraternization policies.
F.
It shall not be a violation of this chapter for an
employer to establish a compulsory retirement age which is in accordance
with federal and state law.
G.
It shall not be a violation of this chapter for a
financial institution to establish insurance rates with distinctions
based on age, gender or marital status as long as such distinctions
are supported by and reflective of actuarially sound statistical data.
H.
It shall not be a violation of this chapter for any
person to establish or implement a policy offering discounts for senior
citizens or persons with a disability.
I.
It shall not be a violation of this chapter for any
place of public accommodation, resort or amusement to establish or
implement a policy restricting admission to persons over a certain
age or restricting the sale of alcoholic beverages to persons over
a certain age.
J.
It shall not be a violation of this chapter for any
person to discriminate on the basis of age when such discrimination
is required by federal, state or local law.
K.
It shall not be a violation of this chapter for any
person to establish a recreational program or athletic competition
with distinctions based on gender or age, or to establish physical
standards which reasonably take into account gender or age.
L.
It shall not be a violation of this chapter for any
employer to:
[Added 6-28-2001 by Ord. No. 2001-221[1]]
(1)
Prohibit the illegal use of drugs and the use of alcohol
at the workplace by all employees;
(2)
Require that employees shall not be under the influence
of alcohol or be engaging in the illegal use of drugs at the workplace;
(3)
Require that employees behave in conformance with
the requirements established under the Drug-Free Workplace Act of
1988 (41 U.S.C. § 701 et seq.);
(4)
Hold an employee who engages in the illegal use of
drugs or who is an alcoholic to the same qualification standards for
employment or job performance and behavior to which the employer holds
other employees, even if any unsatisfactory performance or behavior
is related to the drug use or alcoholism of such employee.
[1]
Editor's Note: This ordinance also repealed
former Subsection L, regarding on organization's freedom of expression.
M.
It shall not be a violation of this chapter for any
person to:
[Added 6-28-2001 by Ord. No. 2001-221]
A.
Any person claiming to be aggrieved by an alleged
discriminatory practice in violation of this chapter is encouraged
to seek mediation of said grievance at the Center for Dispute Settlement.
Such mediation shall not be a prerequisite to the commencement of
legal action as provided in this section.
B.
Any person claiming to be aggrieved by an alleged
discriminatory practice in violation of this chapter shall have a
cause of action in any court of appropriate jurisdiction for injunctive
relief, compensatory and punitive damages and such other remedies
as may be appropriate.
C.
Any action brought for violation of this chapter must
be commenced within one year after the alleged discriminatory practice.
D.
No cause of action for violation of this chapter shall
lie where the party aggrieved has initiated a civil action in any
court based upon the same grievance which is the subject of the cause
of action, unless such civil action has been voluntarily discontinued
or withdrawn by the party aggrieved.
[Amended 6-28-2001 by Ord. No. 2001-221]
E.
No cause of action for violation of this chapter shall
lie where the party aggrieved has filed a complaint with the New York
State Division of Human Rights based upon the same grievance which
is the subject of the cause of action, unless such complaint has been
voluntarily discontinued or withdrawn by the party aggrieved.
[Amended 6-28-2001 by Ord. No. 2001-221]
F.
The remedies provided herein shall be separate and
distinct from remedies provided in other laws, rules or regulations,
and shall not be construed by any court to be a prerequisite to an
action or proceeding commenced pursuant to such other laws, rules
or regulations.
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[1]]
[1]
Editor’s Note: Section 2 of this ordinance stated that the City would make information about its provisions available to the public and to vendors and other interested persons. Section 3 of this ordinance provided that the criminal history record checks in connection with employment required by § 6B-2 of the City Charter be conducted in compliance with the provisions of this article. This ordinance also provided an effective date of 180 days after its adoption.
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:
Any person considered or who requests to be considered for
employment by an employer.
The City of Rochester, its departments, administrative units
and agencies.
Entry of a plea of guilty, or a verdict of guilty, for a
misdemeanor or felony offense in this state or any other jurisdiction.
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.
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.
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.
Any vendor, contractor, or supplier of goods or services
to the City of Rochester, including vendors located outside the City
of Rochester limits.
A.
It shall be an unlawful discriminatory practice for the City, its
vendors, and any employer located within City limits to make any inquiry
regarding, or to require any person to disclose or reveal, any criminal
conviction during the application process. The "application process"
shall be deemed to begin when the applicant inquires about the employment
sought and shall end when an employer has conducted an initial employment
interview or made a conditional offer of employment.
B.
If an employer does not conduct an interview, that employer must
inform the applicant whether a criminal background check will be conducted
before employment is to begin.
C.
The City, its vendors, and any employer hiring for licensed trades
or professions, including positions such as interns and apprentices
for such licensed positions, may make an inquiry of applicants about
prior criminal convictions if such inquiry is required by a licensing
authority or by New York State or federal law.
D.
The City, its vendors, and any employer hiring for positions where
certain convictions are a bar to employment in that position under
New York State or federal law shall not be prohibited from making
inquiries about those convictions during the application process.
E.
The City, its vendors, and any employer shall comply with Article
23-A of the New York State Correction Law and the Fair Credit Reporting
Act, 15 U.S.C. § 1681 et seq., when considering an applicant's
prior criminal convictions in determining suitability for employment.
In accordance with Article 23-A, nothing in this article shall be
construed to limit an employer's authority to withdraw conditional
offers of employment for any lawful reason, including the determination
that the candidate has a conviction that bears a direct relationship
to the duties and responsibilities of the position sought, or that
hiring would pose an unreasonable risk to property or to the safety
of individuals or the general public.
F.
In compliance with Executive Law § 296, Subdivision 16
(Human Rights Law), and the Family Court Act, employers are prohibited
from asking at any time for applicants to disclose information about
any arrest that resulted in a youthful offender adjudication pursuant
to Criminal Procedure Law § 720.35; any arrest that was
processed as a juvenile delinquency proceeding in Family Court; any
arrest that resulted in a sealing pursuant to Criminal Procedure Law
(CPL) § 160.50 or CPL § 160.55; any conviction
that was sealed pursuant to CPL § 160.58, unless said inquiry
is specifically required or permitted by New York State or federal
law.
A.
The prohibitions of this article shall not apply if the inquiries
prohibited herein are specifically authorized by any other applicable
law.
B.
The prohibitions of this article shall not apply to applicants for
positions in the City Police Department or the Fire Department, or
to any other employer hiring for "police officer" and "peace officer"
positions, as defined by Criminal Procedure Law § 1.20 or
2.10.
A.
Any person aggrieved by a violation of this article may commence
a civil action or proceeding for injunctive relief, damages, or other
appropriate relief in law or equity against any person or employer
who violates this article. In any such action or proceeding, the court
may allow the party commencing such action or proceeding, if such
party prevails, costs and reasonable attorney's fees as part
of the relief granted.
B.
Any action brought for violation of this chapter must be commenced
within one year after the alleged violation of this article.
C.
The remedies provided herein shall be separate and distinct from
remedies provided in other laws, rules or regulations and shall not
be construed by any court to be a prerequisite to an action or proceeding
commenced pursuant to such other laws, rules or regulations. The provisions
of this article shall not be construed to diminish the rights of an
applicant under any other law.
D.
The Corporation Counsel may, in his or her discretion, bring an action
to restrain or prevent any violation of this article or any continuance
of any such violation, in any court of competent jurisdiction, and
may further seek the imposition of the following penalties or a combination
thereof:
