Long Beach Municipal Code Ch. 8.94 Aids Discrimination

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:

A. "AIDS" shall mean the disease or syndrome known as Acquired Immune Deficiency Syndrome as defined by the United States Centers for Disease Control.

B. "AIDS related condition" means a clinical finding of AIDS Related Complex (ARC) or the testing of positive to the antibody to the virus believed to result in AIDS, sometimes known as HIV, HTLV-III, or LAV, regardless of whether any clinical manifestations of AIDS or ARC are present. A person with an AIDS related condition shall also include a person perceived to have AIDS, ARC or to have tested positive to the antibody to the virus that is believed to result in AIDS, regardless of the accuracy of this perception.

C. "Business establishment" means any entity, other than the state or local governmental entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: (1) consist only of payment of fees; or (2) consist of requirements under which a substantial portion of residents of the City qualify.

D. "Person" means any natural person, firm, corporation, partnership, or other organization, association, or group of persons however organized, but shall not include the State or the County of Los Angeles.

E. "Individual" means any natural person.

(Ord. C-6635 § 1 (part), 1989)

A. It shall be unlawful for any employer 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 because in whole or in part, the individual has AIDS or an AIDS related condition.

B. It shall be unlawful for an employer to limit, segregate, or classify employees or applicants for employment in any manner which would deprive or tend to deprive any individual of employment opportunities, or adversely affect his or her employment status because, in whole or in part, the individual has AIDS or an AIDS related condition.

C. It shall be unlawful for an employment agency to fail or refuse to refer for employment any individual or to otherwise discriminate against any individual because, in whole or in part, the individual has AIDS or an AIDS related condition.

D. It shall be unlawful for a labor organization to fail or refuse to include in its membership or to otherwise discriminate against any individual, to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment, any individual in any way which would deprive or tend to deprive such individual of employment opportunities, or to otherwise adversely affect an individual's status as an employee or as an applicant for employment because, in whole or in part, the individual has AIDS or an AIDS related condition.

E. It shall be unlawful for an employer, an employment agency or labor organization to discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship, or other training or retraining, including any on-the-job training program, because, in whole or in part, the individual has AIDS or an AIDS related condition.

F. Nothing contained in this Section shall be deemed to prohibit selection, rejection, or termination based upon a bona fide occupational qualification. In any action brought under this Chapter, if a party asserts that any otherwise unlawful practice is justified as a bona fide occupational qualification, that party shall have the burden of proving: (1) that the discrimination is in fact a necessary result of a bona fide occupational qualification; and (2) that there exists no less discriminatory means of satisfying the occupational qualifications.

G. Nothing contained in this Chapter shall make it unlawful for an employer to observe the conditions of a bona fide employee benefit system, provided such system or plan is not a subterfuge to evade the purposes of this Chapter. No such system shall provide an excuse for failure to hire any individual.

H. No part of this Section shall apply to the employment of individuals to perform services in the place of residence of the employer.

(Ord. C-6635 § 1 (part), 1989)

A. It shall be unlawful for any person to interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including but not limited to the rental thereof, to require different terms for such transaction, to include in the terms or conditions of a transaction in real property any clause, condition or restriction, or to falsely represent that an interest in real property is not available for transaction because, in whole or in part, the individual has AIDS or an AIDS related condition.

B. Nothing in this Chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or lessor or any member of his or her family occupies all or a portion of the same living unit in common with the prospective tenant.

(Ord. C-6635 § 1 (part), 1989)

It shall be unlawful for any person to deny any individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any business establishment because, in whole or in part, the individual has AIDS or an AIDS related condition.

(Ord. C-6635 § 1 (part), 1989)

Notwithstanding any other provision of this Chapter, it shall be an unlawful practice for any person to deny any person the full and equal enjoyment of, or to impose different terms and conditions on the availability of: (1) use of any City facility or City service because, in whole or in part, the individual has AIDS or an AIDS related condition; or (2) any service, program or facility wholly or partially funded or otherwise supported by the City because, in whole or in part, the individual has AIDS or an AIDS related condition. This Section shall not apply to any facility, service or program which does not receive any assistance from the City which is not provided to the public generally.

(Ord. C-6635 § 1 (part), 1989)

Notwithstanding any other provision of this Chapter, all contracting agencies of the City, or any department thereof, acting for or on the behalf of the City, shall include in all contracts, franchises, leases, concessions or other agreements involving real or personal property, hereafter negotiated, let, awarded, granted, renegotiated, extended or renewed, in any manner or as to any portion thereof, a provision obligating the contractor, franchisee, lessee, concessionaire, or other party of said agreement not to discriminate against persons having AIDS or an AIDS related condition.

(Ord. C-6635 § 1 (part), 1989)

It shall be unlawful for any person to make, print, publish, advertise, or disseminate in any way any notice, statement or advertisement with respect to any of the acts mentioned in this Chapter, which indicates an intent to engage in any unlawful practice as set forth in this Chapter.

(Ord. C-6635 § 1 (part), 1989)

It shall be unlawful for any person to do any of the acts prohibited in this Chapter or to retaliate against a person because a person: (1) has opposed any act or practice made unlawful by this Chapter; or (2) has supported this Chapter and its enforcement; or (3) has testified, assisted or participated in any way in any investigation, proceeding, or litigation under this Chapter.

(Ord. C-6635 § 1 (part), 1989)

Any person who violates any of the provisions of this Chapter or who aids in the violation of any provisions of this Chapter, shall be liable for, and the court shall award to any individual whose rights are violated, actual damages, Attorney's fees and costs. In addition, the court may award punitive damages in the sum of five hundred dollars ($500.00) or such greater sum as may be provided.

(Ord. C-6635 § 1 (part), 1989)

A. Civil Action. Any aggrieved person may enforce the provisions of this Chapter by means of a civil action.

B. Injunction. Any person who commits, or proposes to commit, an act in violation of this Chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this Subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.

C. Survival of Cause of Action. Any cause of action authorized hereunder shall survive the death of the person alleging discrimination and may be pursued in the name of the estate of the deceased person.

(Ord. C-6635 § 1 (part), 1989)

Actions under this Chapter must be filed within one (1) year of the alleged discriminatory acts.

(Ord. C-6635 § 1 (part), 1989)

This Chapter shall not apply to any act of discrimination to the extent that regulation of such act is preempted by State or Federal law.

(Ord. C-6635 § 1 (part), 1989)

A. No part of this Chapter shall apply to any bona fide religious organization.

B. No part of this Chapter shall apply where a course of conduct is pursued which is necessary to protect the health or safety of the general public.

1. Burden of Proof. In any action brought under this Chapter, if a party asserts that an otherwise unlawful discriminatory practice is justified as necessary to protect the health or safety of the general public, that party shall have the burden of proving: (a) that the discrimination is in fact a necessary result of a necessary course of conduct pursued to protect the health or safety of the general public; and (b) that there exists no less discriminatory means of satisfying the necessary protection of the health or safety of the general public.

2. Compliance with Department of Health and Human Services Guidelines. Within the meaning of this Section a practice is deemed necessary to protect the health or safety of the general public if that practice is consistent with the United States Department of Health and Human Services Guidelines entitled "Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type 111, Lymphadenopathy—Associated Virus in the Workplace", published in November, 1985, and any supplemental guidelines as they may be issued.

(Ord. C-6635 § 1 (part), 1989)

If any part or provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.

(Ord. C-6635 § 1 (part), 1989)