Chapter 5.09 — EMPLOYMENT DISCRIMINATION

As used in this Chapter:

"Business establishment" means any person that offers goods or services to the general public. An otherwise qualifying organization which has membership requirements shall be considered to be a "business establishment" if the following criteria are met:

Its membership requirements consist only of the payment of fees; or

Its membership standards are standards under which a substantial portion of the residents of the City could qualify; or

Its membership standards constitute an effort to avoid compliance with the requirements of the ordinance codified in this Chapter through subterfuge by creating membership standards with no bona fide relationship to the purpose or nature of the organization.

The term "business establishment" shall not include the following: (a) any religious association or corporation not organized for private profit; (b) the federal government or any agency thereof or the State government or any agency or local subdivision thereof, including but not limited to, Counties, Cities, districts, authorities and agencies.

"Employee" does not include any individual employed by his or her parents, spouse, or child, or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.

"Gender identity" means an individual's sense of being either male or female, something other or in- between.

"Person" means any natural person, and any firm, corporation, partnership or other organization, association or group of persons, however organized.

"Sexual orientation" means heterosexuality, homosexuality or bisexuality.

(ORD-08-0017 § 1, 2008: Ord. C-6408 § 1 (part), 1987)

A.

No business establishment within the City or operating within the City which employs a minimum of five (5) employees shall discriminate against any person by failing or refusing to hire or by disciplining or discharging any person or in any manner discriminating against any person with respect to compensation, terms, conditions or privileges of employment, because of the sexual orientation of any person.

B.

No provision of this Chapter shall be construed to make legal any act or omission by any person which is otherwise illegal under any provision of law.

C.

It shall not be an unlawful discriminatory practice for a business establishment to observe the terms of a bona fide employment benefit system.

(Ord. C-6408 § 1 (part), 1987)

A.

No provision of this Chapter shall be construed to prohibit any act or omission by any business establishment based on bona fide business requirements of that business establishment.

B.

No provision of this Chapter shall be construed to prohibit any act or omission by any business establishment permitted by State or Federal law with respect to disability, handicap or medical condition, or to permit any act or omission by any business establishment prohibited by State or Federal law with respect to disability, handicap or medical condition.

(Ord. C-6408 § 1 (part), 1987)

A.

Any person aggrieved by violation of any provision of this Chapter, may enforce said provision or provisions by a civil action; provided that such action shall be brought in the person's individual capacity.

B.

Any person who violates any provision of this Chapter or who knowingly aids another in the violation of a provision of this Chapter, shall be liable to the person aggrieved for the following:

The actual damages suffered and incurred by the person aggrieved;

A civil penalty payable to the person aggrieved in the sum of two hundred dollars ($200.00) in addition to the actual damages of the person aggrieved; provided that the civil penalty shall be imposed regardless of whether the person aggrieved proves actual damages;

The costs of the person aggrieved in connection with the civil action;

The Attorney's fees of the person aggrieved in connection with the civil action.

C.

Any person who commits or proposes to commit an act in violation of this Chapter may be enjoined therefrom by a court of competent jurisdiction. Action for an injunction under the ordinance codified in this Chapter may be brought by any aggrieved person.

D.

No criminal penalties shall attach for any violation of the provisions of this Chapter.

E.

Any civil action pursuant to the provisions of this Chapter shall be filed within one (1) year of the accrual of the cause of action.

F.

Any person who files or maintains a frivolous action under this Chapter shall be liable to the business establishment for expenses, including Attorney fees, incurred in defense of the action. "Frivolous" as used herein means totally and completely without merit or for the sole purpose of harassing an opposing party. The liability imposed by this Subsection is in addition to any other liability imposed by law.

(Ord. C-6408 § 1 (part), 1987)

All provisions of this Chapter are severable. If any part or provision of this Chapter is held invalid for any reason by the final order of a court of competent jurisdiction, the remainder of the Chapter shall not be affected and shall remain in full force and effect.

(Ord. C-6408 § 1 (part), 1987)