Irvine Municipal Code Ch. 2 Prohibited Acts of Discrimination

Every person shall have an equal opportunity to participate fully in the economic, cultural and intellectual life of the City of Irvine and to have an equal opportunity to participate in all aspects of life, including, but not limited to, in employment, in places of public accommodation, resort or amusement, in educational institutions, in public service, and in housing and commercial accommodations.

(Code 1976, § III.I-201; Ord. No. 88-18, § 1, 7-12-88)

A. General. It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially, for a discriminatory reason based upon race, color, religion, national origin, sex, age, marital status or physical handicap of any individual:

1. To fail or refuse to hire, or to discharge, any individual; or otherwise to discriminate against any individual, with respect to compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his or her status as an employee;

2. To fail or refuse to refer for employment, or to classify or refer for employment, any individual, or otherwise to discriminate against, any individual;

3. To exclude or to expel from membership, or otherwise to discriminate against, any individual; or to limit, segregate, or classify membership; or to classify, or fail, or refuse to refer for employment any individual in any way, which would deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect such individual's status as an employee or as an applicant for employment; or

4. a.

To discriminate against any individual in admission to or the employment in any program established to provide apprenticeship or other training or retraining, including an on-the-job training program;

b. To print or publish, or cause to be printed or published, any notice or advertisement, or use any publication form, relating to employment by such an employer, or to membership in, or any classification or referral for employment by such a labor organization, or to any classification or referral for employment by such an employment agency, unlawfully indicating any preference, limitation, specification, or distinction, based on the race, color, religion, national origin, sex, age, marital status or physical handicap of any individual.

B. Subterfuge. It shall be an unlawful discriminatory practice to do any of the above said acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status or physical handicap of any individual.

(Code 1976, § III.I-202; Initiative Ord. No. 89-1, § 4.b, 11-7-89)

Editor's note— Ord. No. 89-1 was adopted by the voters as an initiative measure at an election held Nov. 7, 1989, effective Nov. 24, 1989.

A. General. It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially, for a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status or physical handicap of any individual:

1. To impede, delay, discourage, or otherwise limit or restrict any transaction in real property; or to require different terms for such transaction; or to represent falsely that an interest in real property is not available for transaction.

2. To include in the terms or conditions of a transaction in real property, any clause, condition or restriction; this subdivision does not prohibit the quoting or charging of a price, rent or cleaning or security deposit for a housing accommodation containing facilities for the physically handicapped to differ reasonably from a housing accommodation not containing such facilities.

3. To refuse to perform any acts in connection with the making of any determination of financial ability or in the processing of any application for the financing or refinancing of real property. In any evaluation or determination as to whether and under what terms and conditions a particular lender or lenders would be likely to grant a loan, the lender or lenders must be in compliance with California Health and Safety Code §§ 35800 through 35833 (The Housing Financial Discrimination Act of 1977).

4. To refuse to provide equal treatment of, or services to, occupants of any real property in the course of providing management services for the real property; this subdivision does not prohibit differing treatment or services to a physically handicapped person because of the physical handicap in the course of providing management services for a housing accommodation.

5. To make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to a transaction or proposed transaction, in real property, or financing relating thereto, which notice, statement, or advertisement unlawfully indicates or attempts unlawfully to indicate a preference, limitation, or discrimination based on race, color, religion, national origin, sex, age, marital status or physical handicap of an individual; this subdivision does not prohibit advertising directed to physically handicapped persons for the purpose of calling to the attention of such persons the existence or absence of housing accommodation services or housing accommodations for the physically handicapped.

6. To discriminate in any financial transaction involving real property, on account of the location of residence or business (i.e., to "red-line").

B. Subterfuge. It shall further be an unlawful discriminatory practice to do any of the above acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status or physical handicap of any individual.

(Code 1976, § III.I-203; Ord. No. 88-18, § 1, 7-12-88; Initiative Ord. No. 89-1, § 4.c, 11-7-89)

Editor's note— Ord. No. 89-1 was adopted by the voters as an initiative measure at an election held Nov. 7, 1959, effective Nov. 24, 1989.

A. General. It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially, for a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status or physical handicap of any individual:

1. To deny, directly or indirectly, any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodations;

2. To print, circulate, post, or mail, or otherwise cause, directly or indirectly, to be published a statement, advertisement, or sign which indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation will be unlawfully refused, withheld from or denied an individual; or that an individual's patronage of, or presence at, a place of public accommodation is objectional, unwelcome, unacceptable, or undesirable.

B. Subterfuge. It is further unlawful to do any of the above acts for any reason that would not have been asserted but for, wholly or partially, a discriminatory reason based on the race, color, religion, national origin, sex, age, marital status or physical handicap of any individual.

(Code 1976, § III.I-204; Ord. No. 88-18, § 1, 7-12-88; Initiative Ord. No. 89-1, § 4.d, 11-7-89)

Editor's note— Ord. No. 89-1 was adopted by the voters as an initiative measure at an election held Nov. 7, 1989, effective Nov. 24, 1989.

It is unlawful discriminatory practice, subject to the exemptions in Section 3-5-103B, for an educational institution to deny, restrict, or to abridge or condition the use of or access to, any of its facilities and services to any person otherwise qualified, wholly or partially, for a discriminatory reason, based upon the race, color, religion, national origin, sex, age, marital status or physical handicap of any individual.

(Code 1976, § III.I-205; Ord. No. 88-18, § 1, 7-12-88; Initiative Ord. No. 89-1, § 4.e, 11-7-89)

Editor's note— Ord. No. 89-1 was adopted by the voters as an initiative measure at an election held Nov. 7, 1989, effective Nov. 24, 1989.

Every employer or institution subject to this division shall post and keep posted in a conspicuous location where business or activity is customarily conducted or negotiated, a notice whose language and form has been prepared by the City of Irvine setting forth excerpts from or summaries of the pertinent provisions of this division and information pertinent to the enforcement of rights hereunder.

(Code 1976, § III.I-206; Ord. No. 88-18, § 1, 7-12-88)

Where a complaint of discrimination has been filed against a person under this division, the respondent shall preserve all records otherwise required to be maintained by State law and which may be relevant to the charge or action, until a final disposition of the complaint.

(Code 1976, § III.I-207; Ord. No. 88-18, § 1, 7-12-88)

A. It shall be an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this division.

B. It shall be an unlawful discriminatory practice for any person to require, request, or suggest that a person retaliate against, interfere with, intimidate or discriminate against a person, because that person has opposed any practice made unlawful by this division, or because that person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing authorized under this division.

C. It shall be an unlawful discriminatory practice for any person to cause or coerce, or attempt to cause or coerce, directly or indirectly, any person to prevent any person from complying with the provisions of this division.

D. Nothing contained herein shall be construed to impair constitutionally protected rights to freedom of speech.

(Code 1976, § III.I-208; Ord. No. 88-18, § 1, 7-12-88)

It shall be an unlawful discriminatory practice for any person to aid, assist, invite, compel or coerce the doing of any of the acts forbidden under the provisions of this division or to attempt to do so.

(Code 1976, § III.I-209; Ord. No. 88-18, § 1, 7-12-88)