Chapter 8.82 — DISCRIMINATION AGAINST VICTIMS OF AIDS

This chapter shall be known as the "AIDS anti-discrimination ordinance."

(Ord. 6276 § 2 (part), 1988)

A.

"AIDS" shall mean the disease complex which occurs when an important part of the human immune system is destroyed by the action of a virus known as HIV. Signs and symptoms of this disease complex are manifested in the afflicted person by a series of viral or fungal illness of a chronic nature.

B.

"AIDS-related conditions" shall mean the symptoms commonly associated with AIDS, including malaise, weight loss, fevers, and swollen lymph nodes, which symptoms constitute a mild version of immune system depression but which has not developed into the chronic medical condition known as AIDS; and includes persons carrying the virus that causes AIDS; and includes persons who have been or are exposed to persons having AIDS or persons carrying the virus that causes AIDS or persons regarded as having or carrying the virus causing AIDS.

C.

"Business establishment" includes any 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: (a) consist only of the payment of fees; (b) consist of requirements under which a substantial portion of the residents of this city could qualify.

D.

"Carriers of AIDs" includes symptomless carriers of the AIDS virus.

E.

"Educational institution" includes any institution of higher education, vocational school, high school, or elementary school.

F.

"Employee" includes any person employed by an employer as defined below.

G.

"Employer" includes any person regularly employing one or more persons, or any person acting directly or indirectly as an agent of an employer.

H.

"Housing services" shall mean services connected with the use or occupancy of a rental unit including, but not limited to: utilities (including light, heat, water and telephone), ordinary repairs or replacement, and maintenance of elevator service,

laundry facilities and privileges, common recreational facilities, janitorial service, resident manager, refuse removal, furnishings, food service, parking and any other benefits, privileges or facilities.

I.

"Person" includes one or more individuals, partnerships, associations, corporations, labor organizations, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries.

J.

"Rent" shall mean the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, including, but not limited to, moneys demanded or paid for the following: meals where required by the landlord as a condition of the tenancy; parking; furnishings; other housing services of any kind; subletting; or security deposits.

K.

"Rental units" shall mean all dwelling units, efficiency dwelling units, guest rooms, suites, and dormitories in the city, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall also include mobile homes, whether rent is paid for the mobile homes and the land upon which the mobile home is located, or rent is paid for the land alone. The term shall not include housing accommodations which a government unit, agency or authority owns, operates, or manages, or which are specifically exempted from municipal regulation by state or federal law or administrative regulation.

(Ord. 6276 § 2 (part), 1988)

A.

It shall be an unlawful employment practice for any employer, employment agency or labor organization or any agent or employee thereof to do or attempt to do any of the following on the basis (in whole or in part) that a person has the medical condition known as AIDS or an AIDS-related condition:

Fail or refuse to hire, or to discharge any person, or otherwise to discriminate against any person with respect to compensation, terms, conditions, or privileges of employment;

Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities, or adversely affect his or her employment status;

Fail or refuse to refer for employment any person, or otherwise to discriminate against any person;

Fail or refuse to include in its membership or to otherwise discriminate against any person; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any person in any way which would deprive or tend to deprive such person of employment opportunities, or otherwise adversely affect his/her status as an employee or as an applicant for employment;

Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program.

B.

Nothing contained in this section shall be deemed to prohibit selection, rejection or dismissal based upon a bona fide occupational qualification. In any action brought under this chapter, if a party asserts that an otherwise unlawful discriminatory practice is justified as a bona fide occupational qualification, that party shall have the burden of proving:

That the discrimination is in fact a necessary result of bona fide occupational qualification; and

That there exists no less discriminatory means of satisfying the occupational qualification.

C.

It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the purposes of this chapter; provided further that no such system shall provide an excuse for failure to hire any person.

(Ord. 6276 § 2 (part), 1988)

A.

It shall be unlawful for any person having a housing accommodation for rent or lease, or any authorized agent or employee of such person to do or attempt to do any of the following on the basis (in whole or in part) that an individual has the medical condition known as AIDS or an AIDS-related condition:

Refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, evict from a rental unit, or otherwise deny to or withhold a rental unit from any person;

Rent or lease a rental unit on less favorable terms, conditions or privileges, or discriminate in the provision of housing services to any person;

Represent to any person that a rental unit is not available for inspection, rental or lease when such rental unit is, in fact, available.

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 the same living unit in common with the prospective tenant;

Be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law;

Be deemed to require the renting of units and/or dormitories reserved for the housing of students to non-student persons having the medical condition AIDS or an AIDS-related condition.

(Ord. 6276 § 2 (part), 1988)

A.

It shall be an unlawful business practice 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 including, but not limited to, restaurants, motels and hotels, on the basis (in whole or in part) that such individual has the medical condition AIDS or an AIDS-related condition.

B.

Nothing in this chapter shall apply to any blood bank, blood donation facility, sperm bank, breast milk bank, sperm donation facility, organ donation facility, surrogate mother facility, or to any like service facility or establishment engaged in the exchange of products containing elements of blood or sperm.

(Ord. 6276 § 2 (part), 1988)

A.

It shall be an unlawful practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms and conditions on the availability of any of the following on the basis (in whole or in part) that such individual has the medical condition known as AIDS or an AIDS-related condition:

Use of any city facility or city service;

Any service, program or facility wholly or partially funded or otherwise supported by the city.

B.

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. 6276 § 2 (part), 1988)

A.

It shall be an unlawful educational practice for any person to do any of the following on the basis (in whole or in part) that an individual has the medical condition known as AIDS or an AIDS-related condition:

Deny admission, or to impose different terms or conditions on admission;

Deny any individual the full and equal enjoyment of, or impose different terms or conditions upon the availability of, any facility owned or operated by or any service or program offered by an educational institution.

B.

It shall not be an unlawful discriminatory practice for a religious or denominational institution to limit admission, or give preference to applicants of the same religion.

(Ord. 6276 § 2 (part), 1988)

A.

It shall be unlawful to:

Make, print, publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application or contract with regard to: (a) employment, (b) housing, (c) educational institutions, (d) businesses, or (e) city facilities or services, or any service, facility or program wholly or partially funded or otherwise supported by the city, that indicates any preference, limitation, or discrimination with respect to the fact that a person has the medical condition known as AIDS or an AIDS-related condition;

Make, print, publish, advertise or disseminate in any way, or cause to be made, printed, published, advertised or disseminated 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. 6276 § 2 (part), 1988)

A.

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 the individual whose rights are violated, actual damages, costs, and attorney's fees, of not less than $250 but not more than $10,000 in addition thereto. In addition, the court may award punitive damages in a proper case.

B.

Any aggrieved person may enforce the provisions of this chapter by means of a 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 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 individual or class.

D.

Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.

E.

Actions under this chapter must be filed within one year of the alleged discriminatory acts.

(Ord. 6276 § 2 (part), 1988)

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 an individual or the general public. 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 an individual or the general public, that party shall have the burden of proving:

That the discrimination is in fact a necessary result of a necessary course of conduct pursued to protect the health and safety of an individual or the general public, including, but not limited to, reassignment during pregnancy; and

That there exists no less discriminatory means of satisfying the necessary protection of the health or safety of an individual or the general public.

(Ord. 6293 § 1, 1988; Ord. 6276 § 2 (part), 1988)

It shall be an unlawful practice for a health care provider capable of providing health services to deny such services to an individual on the basis, in whole or in part, that such individual has the medical condition known as AIDS, AIDS-related condition, or asymptomatic HIV infection.

(Ord. 6293 § 2, 1988: Ord. 6276 § 2 (part), 1988)