Petaluma Municipal Code Ch. 8.32 Aids Nondiscrimination Ordinance

This chapter of the city of Petaluma Municipal Code may be cited as the "AIDS Nondiscrimination Ordinance" of

the city of Petaluma. (Ord. 1903-A NCS §1, 1992.)

It is the policy of the city of Petaluma to eliminate discrimination based on the fact that a person has AIDS or a

related condition, or HIV infection. In adopting this ordinance, the city council of the city of Petaluma does not

intent to proscribe any activity the proscription of which would constitute an infringement of the Constitution of

the United States or the Constitution of the State of California. Recognizing that existing federal and state

enactments proscribe such discrimination in some, but not all, circumstances, the city council Nnds that such

enactments do not occupy the Neld of such arbitrary discrimination, but that local regulation is both necessary and

proper. This chapter is not intended, and shall not be construed to apply to any person or activity which is

regulated by federal or state law, to the extent that application of this chapter would conOict with such law or

would unduly interfere with the achievement of federal or state regulatory objectives. It is the intention of the

council of the city of Petaluma that this chapter shall be interpreted to be compatible with federal and state

enactments, and in furtherance of the public policies which those enactments express. (Ord. 1903-A NCS §1, 1992.)

The council of the city of Petaluma has studied documents and heard testimony, and makes the following Nndings:

A. AIDS is a deadly disease which aQects a substantial number of Petaluma residents.

B. AIDS is caused by infection with Human Immune Virus (HIV, "AIDS virus"), which is transmitted through

signiNcant exposure to certain body Ouids, most notably blood and semen. The Human Immune Virus cannot be

transmitted through casual contact or through the handling of food by infected persons.

C. Nevertheless, unreasonable fear of contracting the disease has caused landlords, employers, and providers

of services to discriminate against persons infected with the AIDS virus.

D. Such discrimination causes additional burdens to be placed on those persons or entities who do not

discriminate, particularly on public and private nonproNt groups engaged in health and social services to persons

with AIDS.

E. Such discrimination by landlords, employers and providers of services gives those who engage in

discriminatory practices an unfair competitive advantage over those who do not.

F. Such discrimination is against the public policy of the state of California and the United States, but state and

federal enactments do not address all aspects of such discrimination, nor do they preempt local legislation. Local

action is therefore necessary to address the local impacts of such discrimination.

(Ord. 1903-A NCS §1, 1992.)

A. Discrimination Prohibited. Discrimination against any person because that person has AIDS, an HIV condition,

or any disease which cannot be casually transmitted, is prohibited.

B. Retaliation Prohibited. It shall be unlawful for any person to discriminate against a person who has:

1. Opposed any act or practice made unlawful by this ordinance;

2. Supported this ordinance or its enforcement;

3. Filed a complaint under this ordinance;

4. TestiNed, assisted or proceeded in any way in any investigation, proceeding or litigation under this

chapter.

(Ord. 1903-A NCS §1, 1992.)

A. "AIDS" means Acquired Immune DeNciency Syndrome.

B. "Business entity" means any person, partnership, corporation or other entity, whether public or private,

however organized, which provides goods or services to the public. The existence of membership requirements does not exempt any organization if (1) the only requirement for membership is payment of dues, or (2)

membership is restricted only by occupation, gender, age or similar qualiNcation which includes a substantial

number of Petaluma residents, with or without dues.

C. "Discrimination" includes but is not limited to the following actions aQecting a person based upon the

knowledge or perception that the person has an HIV disease or infection:

1. By an employer: Limiting, segregating, classifying or taking any adverse action against an otherwise

qualiNed employee or job applicant;

2. By an employer: Not making reasonable accommodations to the limitations of an otherwise qualiNed

applicant or employee so as to deprive any individual of employment opportunities, or otherwise adversely

aQect his or her status as an employee.

3. By an employer: To fail or refuse to refer for employment any individual, or otherwise to discriminate

against any individual;

4. By an educational institution: To deny admission, services or use and enjoyment of facilities, or to

impose diQerent terms or conditions upon admission, services, or use and enjoyment of services;

5. By a health care provider or business entity: To exclude from participation in or to deny the beneNts of

the services, programs or activities of the provider or entity, or to provide such services, programs or activities

on less favorable terms;

6. By any person: Doing any of the acts described in this deNnition of discrimination because a person

associates with a person who has or is perceived to have an HIV condition;

7. In housing: To 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 or services connected therewith

from any person, or to rent or lease a rental unit or provide related services on less favorable terms.

D. "Educational institution" means any corporation, partnership or business entity engaged in training, classes

or education of adults or children.

E. "Employer" means any person regularly employing one or more persons, or any person acting directly or

indirectly as the agent of an employer, including an employment agency.

F. "Health care provider" means any person or facility licensed or certiNed by the state or any emergency

medical services agency to provide health care, including medical transport, prehospital emergency care, dental

care and mental health care.

G. "HIV" means the infectious agent known as Human Immune Virus, Human ImmunodeNciency Virus, HTLV-III,

LAV or AIDS virus.

H. "HIV condition" means AIDS, AIDS-Related Complex, or HIV infection.

I. "Housing" means use or occupancy of any rental unit, including dwelling units, guest moms, hotel or motel

rooms, suites or dormitories rented or oQered for rent for living or dwelling purposes, the land and building

appurtenant thereto, and all services, privileges and facilities supplied; in connection with the use or occupancy

thereof. This term shall also include mobile homes whether rent is paid for the mobile home and the land upon

which it is located, or rent is paid for the land alone.

J. "Otherwise qualiNed" describes a person with an HIV condition, who, with or without reasonable

modiNcations to rules, policies or practices or the provision of auxiliary aids or services, meets the essential

eligibility requirements for the receipt of services or participation in programs or activities or for employment or

housing.

K. "Person" includes any individual or legal entity, public or private, located or doing business within the city of

Petaluma.

(Ord. 1903-A NCS §1, 1992.)

A. Owner-Occupied Dwellings. 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 dwelling unit as

the prospective tenant.

B. Employee Bene4t Systems. Nothing in this chapter is intended to require an employer to violate the conditions

of a bona Nde employee beneNt program. Notwithstanding the foregoing, an employee beneNt program which

prohibits or is construed to prohibit the hiring of any person who would otherwise be required to be hired under

the provisions of this chapter, or which purports to exclude coverage of HIV conditions either by its express terms

or by exclusion of conditions such as sexually-transmitted diseases or transfusion-related conditions is to that

extent void as against public policy.

C. In-Home Employers. Nothing in this chapter shall apply to employment of individuals to perform services in the

place of residence of the employer.

D. Bona Fide Occupational Quali4cations. Nothing in this chapter shall be deemed to prohibit selection or

rejection based upon a bona Nde occupational qualiNcation or the lack thereof. However, in any action brought

under this chapter, if a party asserts that an otherwise prohibited practice is justiNed by a bona Nde occupational

qualiNcation, that party shall have the burden of proving: (a) that the discrimination is in fact a necessary result of

a bona Nde occupational qualiNcation; and (b) that there exists no less discriminatory means of satisfying the

occupational qualiNcation.

E. Lawful Insurance Practices. Discrimination as deNned in this chapter does not include actions taken by

insurance companies which are expressly permitted by state or federal law with respect to applicants or covered

person or groups.

F. Religious Organizations. Discrimination as deNned in this chapter does not include bona Nde restrictions by

religious organizations limiting employment or services to persons of the same religion.

(Ord. 1903-A NCS §1, 1992.)

A. Any aggrieved person may enforce the provisions of this chapter by means of a civil action for damages,

injunction, and such other relief as the court may allow.

B. Any person who permits, or who proposes to commit any act in violation of this chapter may be enjoined

therefrom by a court of competent jurisdiction. An action for injunction under this section may be brought by any

aggrieved person, by the city council, or by any person or entity which will fairly and adequately represent the

interests of the protected class.

C. The criminal penalties imposed by Chapter 1 of this code shall not apply to violations of this chapter.

(Ord. 1903-A NCS §1, 1992.)

Any action or complaint under this chapter must be commenced within two years of the date upon which the

alleged discriminatory act occurred. This time period shall not begin to run until the aggrieved person discovers or

with reasonable diligence should have discovered the discriminatory act. (Ord. 1903-A NCS §1, 1992.)

Any written or oral agreement to waive any of the provisions of this ordinance is against public policy and

therefore void. (Ord. 1903-A NCS §1, 1992.)

A. The provisions of this chapter shall apply within the city of Petaluma.

B. To the extent permitted by public bidding laws, the city of Petaluma shall require that all contract suppliers of

goods or services comply with the provisions of this chapter. The city council may waive this requirement upon a

Nnding that a speciNed countervailing public policy requires doing so.

(Ord. 1903-A NCS §1, 1992.)