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18-2{7} DISCRIMINATE

DISCRIMINATE To make a decision, offer to make a decision, or refrain from making a decision based in whole or in part on an individual's actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation or gender identity, educational affiliation, source of income, status as a victim of domestic violence, governmental identification method, arrest record and conviction record (collectively "protected classes"). A. Discrimination based on sex includes sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when: (1) Submission to such conduct or communica...

18-2{8} EDUCATIONAL AFFILIATION

EDUCATIONAL AFFILIATION The fact of being enrolled, or not enrolled, in any educational institution.

18-2{9} EMPLOYER

EMPLOYER Any person employing one or more individuals engaged in a lawful business or enterprise but does not include the employment of an individual by his or her parent, sibling, spouse, or child.

18-2{10} EMPLOYMENT AGENCY

EMPLOYMENT AGENCY A person who undertakes to procure employees for an employer or procures opportunities for individuals to be employed by an employer.

18-2{11} FAMILY STATUS

FAMILY STATUS A. An individual who is pregnant; or B. One or more individuals under the age of 18 residing with a parent or other person having custody or in the process of securing legal custody of the individual or individuals or residing with the designee of the parent or other person having or securing custody, with the written permission of the parent or other person.

18-2{12} GENDER IDENTITY

GENDER IDENTITY A person's actual or perceived gender, including a person's self-image, appearance, expression, or behavior, whether or not that self-image, appearance, expression, or behavior is different from that traditionally associated with the person's sex as assigned at birth as being either female or male.

18-2{13} GOVERNMENTAL IDENTIFICATION METHOD

GOVERNMENTAL IDENTIFICATION METHOD The legal form of identification that an individual may use, including any valid, government-issued identification, such as a state ID card, federal immigration documentation, municipal or county ID card, or passport issued by a foreign country.

18-2{14} INDIVIDUAL

INDIVIDUAL A human being, as distinguished from a person, as defined herein.

18-2{15} LABOR ORGANIZATION

LABOR ORGANIZATION An organization of any kind or structure in which employees participate or are members and which exists for the purposes, in whole or part, of dealing with employers concerning the terms and conditions of employment of its participants or members, whether or not such organization is subordinate to or affiliated with a national or international labor organization.

18-2{16} MARITAL STATUS

MARITAL STATUS The state of being married, single, widowed, divorced, or separated.

18-2{17} PERCEIVED

PERCEIVED Refers to the perception of the person who acts, and not to the perception of the person for or against whom the action is taken.

18-2{18} PERSON

PERSON An individual, association, partnership, agency, organization, or corporation, public or private, including the employees, members and officers thereof.

18-2{19} PLACE OF PUBLIC ACCOMMODATION

PLACE OF PUBLIC ACCOMMODATION An educational, governmental, health, entertainment, cultural, recreational, refreshment, transportation, or financial institution, business or facility of any kind, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.

18-2{20} RELIGIOUS ORGANIZATION

RELIGIOUS ORGANIZATION An organization, church, group, or body of communicants that is organized not for pecuniary profit that regularly gathers for worship and religious purposes and also includes a religious-based private school that is not organized for pecuniary profit.

18-2{21} RETALIATION

RETALIATION An adverse action taken against an individual who files or participates in a complaint investigation under this chapter.

18-2{22} SEXUAL ORIENTATION

SEXUAL ORIENTATION Male or female homosexuality, heterosexuality, bisexuality, or asexuality, whether by orientation or practice. Sexual orientation does not include the physical or sexual attraction to a minor by an adult.

Ch 18 Art II Conduct Prohibited

§ 18-3 Discriminatory public accommodation practices.

A. Except as otherwise provided in this chapter, no person shall discriminate in making available full and equal access to all goods, services, activities, privileges, and accommodations of any place of public accommodation. B. Public accommodations must be made accessible to individuals with disabilities in compliance with state and federal law and regulations. C. Nothing in this chapter permits or requires access to any place of public accommodation for the purpose or intent of engaging in criminal conduct, offensive or disorderly conduct, or conduct which represents a threat to the public health, safety, or welfare. D. Nothing in this chapter requires the construction or provision of unisex, single-user restrooms, changing rooms, locker rooms, or showe...

§ 18-4 Discriminatory employment practices.

Except as otherwise provided in this chapter: A. No employer shall discriminate in the employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any person. B. No labor organization shall discriminate in limiting membership, conditions of membership, or termination of membership of any person in any labor union or apprenticeship program. C. No employment agency shall discriminate in the procurement or recruitment of any person for possible employment with an employer.

§ 18-5 Nondiscrimination by City contractors.

A. All contractors proposing to do business with the City of Kalamazoo shall satisfy the nondiscrimination administrative policy adopted by the City Manager in accordance with the guidelines of this section. B. A contractor shall, as a condition of being deemed a responsible bidder, at the time of its submission to the City in responding to an invitation for bids or request for proposals, certify in writing that it complies with the provisions of this chapter. C. All City contracts shall provide that breach of the obligation not to discriminate is a material breach of the contract. The contractor shall be liable for any costs or expenses incurred by the City in obtaining from other sources the work and services to be rendered or performed or the goods or ...