Sacramento Municipal Code Ch. 9.24 Discrimination Against Aids Victims

The city council finds and declares:

Discrimination against victims of AIDS and AIDS-related conditions exists in the city. Individuals with AIDS or AIDS-related conditions are faced with discrimination in employment, housing, business establishments, and other public accommodations. This discrimination cuts across all racial, ethnic, and economic lines. Such discrimination poses a substantial threat to the health, safety, and welfare of the community. Existing state and federal restraints on such arbitrary discrimination are inadequate to meet the particular problems of this city. (Prior code § 74.01.100)

It is the policy of the city to eliminate discrimination within the city against individuals who have acquired immune deficiency syndrome (AIDS) or any related condition or who are suspected of or perceived as having AIDS or who are believed to be at risk of having AIDS or who associate with individuals who have AIDS. (Prior code § 74.01.105)

In this chapter:

"AIDS" means acquired immune deficiency syndrome (AIDS), AIDS related conditions (ARC), or any other medical condition which an individual contracts as a result of having AIDS or ARC.

"An individual who has AIDS" or "an individual has AIDS" means anyone who has AIDS, as defined in this section or anyone who is infected with the HIV virus (seropositive for HIV infection); anyone who is suspected of, or perceived as having such a condition; anyone who is believed to be at risk of contracting such a condition; or anyone who is believed to associate with individuals who have AIDS.

"Business establishments" means any entity, however, organized, which furnishes goods, services or accommodations to the general public. An entity which has membership requirements is considered to furnish goods, services or accommodations 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 the residents of the city could qualify.

"Housing services" means 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, including painting. This term shall also include the provision of elevator service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, garage or parking facilities, and any other benefits, privileges or facilities.

"Individual" means a natural person.

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

"Rental unit" means any dwelling unit, housing accommodation, or guest room rented, offered for rent or let for living or dwelling purposes or transient occupancy, the land and buildings appurtenant thereto, and all housing services supplied in connection with the use or occupancy thereof. "Rental unit" shall not include housing accommodations which a governmental unit, agency or authority owns, operates, or manages, and which are specifically exempted from municipal regulation by state or federal law or administrative regulation. (Prior code § 74.01.110)

A. It is unlawful employment practice for any person, or any 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 AIDS:

1. By an Employer. Fail or refuse to hire, discharge, or discriminate against any individual with respect to compensation, terms, conditions or privileges of employment, including promotion; or limit, segregate or classify employees in any manner which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect an individual's employment status.

2. By an Employment Agency. Fail or refuse to refer for employment any individual, or otherwise discriminate against any individual.

3. By a Labor Organization. Fail or refuse to include in its membership, expel from its membership, or otherwise discriminate against any individual; or limit, segregate or classify its membership; or classify or fail or refuse to refer for employment and individual in any way which would deprive or tend to deprive such individual of employment opportunities, or would limit such employment opportunities, or otherwise adversely affect an individual's status as an employee or as an applicant for employment;

4. By an Employer, Employment Agency or Labor Organization. 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;

B. Nothing in this chapter shall be deemed to prohibit selection, rejection, dismissal or any other employment practice based upon a bona fide occupational qualification. Any person who asserts that an otherwise unlawful discriminatory practice is justified based upon a bona fide occupational qualification shall have the burden of proving that:

1. The discrimination is in fact a necessary result of a bona fide occupational qualification; and

2. There exists no less discriminatory means of satisfying the occupational qualification.

C. Nothing in this chapter shall be deemed to prohibit selection or rejection where, because a person actually suffers from AIDS, he or she is unable to perform his or her duties, or cannot perform such duties in a manner which would not endanger his or her health or safety or the health and safety of others.

D. It is not unlawful employment practice for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system, provided such systems or plans are not a subterfuge to evade the provisions of this chapter. (Prior code § 74.01.115)

A. It is an unlawful housing practice for any person, or any 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 AIDS:

1. Refuse to rent, lease or let any rental unit, refuse to negotiate for the rental or lease of any rental unit, evict an individual from any rental unit, or otherwise deny or withhold a rental unit;

2. Rent, lease or let any rental unit on less favorable terms, conditions or privileges, or discriminate in the provision of housing services;

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

4. Make, print, publish, advertise, or disseminate or cause to be made, printed, published, advertised, or disseminated any notice, statement, sign, advertisement, application, or contract with regard to a rental unit that indicates any preference, limitation, or discrimination with respect to the fact that an individual has AIDS.

B. Nothing in this chapter shall be construed to apply to the rental, leasing or letting of any rental 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, or in which it is necessary for the owner or lessor or any member of his or her family to use either a bathroom or kitchen facility in common with the prospective tenant. (Prior code § 74.01.120)

A. It is an unlawful business practice for any person to deny any individual the full and equal enjoyment of goods, services, facilities, privileges, advantages and accommodations of any business establishment including, but not limited to, medical, dental, health care and convalescent services of any kind whatsoever, on the basis (in whole or in part) that such individual has AIDS.

B. Nothing in this chapter shall apply to any blood bank, blood donation facility, sperm bank, sperm donation facility, organ donation facility, surrogate mother or surrogate mother facility, or to any like service, facility or establishment engaged in the exchange of products containing elements of blood or semen. (Prior code § 74.01.125)

It is an unlawful practice for any person, or any agent or employee of such person, to deny or attempt to deny any individual the full and equal enjoyment of, or to impose different terms and conditions upon the availability of, on the basis (in whole or in part) that an individual has AIDS:

A. Any city service, city program, or city facility;

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

subsection shall not apply to any service, program or facility which does not receive any financial assistance from the city which is not provided to the public generally. (Prior code § 74.01.130)

A. It is an unlawful educational practice for any person, or any 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 AIDS:

1. Deny admission, or impose different terms or conditions on admission to any educational institution;

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

B. Nothing in this chapter shall be construed to prohibit a religious or denominational educational institution from limiting admission to, or giving preference to, applicants of the same religion.

C. Nothing in this chapter shall be construed to apply to any educational institution owned or operated by any federal, state, or local government agency. (Prior code § 74.01.135)

It is unlawful for any person to make, print, publish, advertise or disseminate or cause to be made, printed, published, advertised or disseminated in any way any notice, statement, sign or advertisement which indicates an intent to engage in any unlawful practice set forth in this chapter. (Prior code § 74.01.140)

It is an unlawful discriminatory practice to do any of the acts mentioned in this chapter for any reason which would not have been asserted, wholly or partially, but for the fact that the individual against whom such assertions are made has AIDS. (Prior code § 74.01.145)

Nothing in this chapter shall be construed to prohibit any otherwise unlawful practice which is necessary to protect the health or safety of the general public. Any person who asserts that an otherwise unlawful practice is necessary shall have the burden to establish that:

A. The practice is necessary to protect the health or safety of the general public; and

B. There exists no less discriminatory means of protecting the health or safety of the general public. The burden may be met by demonstrating that the practice is consistent with the department of health and human services guidelines entitled "Recommendations for preventing transmission of infection with human T-Lymphotropic virus type III/Lymphadenopathy-associated virus in the workplace" announced in November, 1985, or specifically authorized by the laws and regulations of the state of California or the United States. (Prior code § 74.01.150)

No part of this chapter shall apply to any bona fide religious organization in the conduct of its religious activities. (Prior code § 74.01.155)

A. Any person who violates any provision of this chapter or who aids in the violation of any provision of this chapter shall be liable to the individual whose rights are violated for actual damages, costs and attorney's fees.

B. Notwithstanding any other provision of this code to the contrary, violation of any provision of this chapter shall not be deemed a crime. (Prior code § 74.01.160)

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

B. Any person who commits, or proposes to commit, an action in violation of any provision of this chapter may be enjoined therefrom by any court of competent jurisdiction upon application by any aggrieved person or by any person or entity which will fairly and adequately represent the interests of the protected class.

C. Any action under this chapter must be filed within one year of the alleged unlawful practice.

D. Survival of causes of action arising under this chapter shall be governed by Section 573 of the Probate Code.

E. Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law. (Prior code § 74.01.165)

Any written or oral agreement whereby any provision of this chapter is waived or modified is against public policy and void. (Prior code § 74.01.170)