Sacramento Municipal Code Ch. 9.20 Discrimination on the Basis of Sexual Orientation or Gender Identity

As used in this chapter, the following words and phrases shall have the meaning given them in this section, unless the context clearly requires otherwise:

"Business establishment" means any entity, however organized, which furnishes goods, services or accommodations to the general public.

"Educational institution" means any entity which provides instruction to individuals.

"Gender identity" means a person's various individual attributes as they are understood to be masculine or feminine. Gender identity includes an individual's actual or perceived self-asserted gender identity or gender expression whether or not different from that traditionally associated with the person's actual or perceived sex at birth.

"Individual" means a single human being or person.

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

"Sexual orientation" means actual or supposed homosexuality, heterosexuality, or bisexuality. (Ord. 2013-0038 § 13; prior code § 14.01.100)

A. Unlawful Employment Practices. It is an unlawful employment practice for any person to do any of the following acts wholly or partially based on sexual orientation of an employee or applicant for employment, unless based on a bona fide occupational qualification:

1. No employer shall fail or refuse to hire, or discharge any individual, discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, including promotion; or to limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his or her status as an employee.

2. No employment agency shall fail or refuse to refer for employment any individual; or otherwise to discriminate against any individual.

3. No labor organization shall exclude or expel from the membership or otherwise discriminate against any individual; or 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 would limit such employment opportunities, or otherwise affect his or her status as an employee or as an applicant for employment.

4. No employer, employment agency or labor organization shall:

a. 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; or

b. Print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any notice or advertisement with respect to employment, membership in, or any classification or referral for employment or training by any such organization which states that an unlawful discriminatory practice will be engaged in.

B. Exceptions.

1. It is not unlawful discriminatory 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.

2. Nothing in this section shall be construed to apply to employment by any business which employs five or fewer employees including the owner and any management and supervisorial employees.

C. Notices.

1. Requirements. Every employer with fifteen (15) or more employees, every labor organization with fifteen (15) or more members, and every employment agency shall post and keep posted in every place upon its premises where notices to employees, applicants for employment, and members are customarily posted, the following notice:

Discrimination on the basis of sexual orientation or gender identity is prohibited by law. Chapter 9.20 of the Sacramento City Code.

2. Alternate Compliance. The provisions of this subsection may be complied with by adding the words "sexual orientation or gender identity" to all notices required by federal or state law, and indicating on the notice that discrimination on the basis of sexual orientation or gender identity is prohibited by Chapter 9.20 of the Sacramento City Code.

3. The failure to post or keep posted the notice pursuant to paragraph 1 or 2 of this subsection shall not operate to toll the running of the limitation period provided in Section 9.20.100. (Ord. 2013-0038 § 14; prior code § 14.01.101)

A. Unlawful Business Practice.

1. In General. It is an unlawful business practice for any person to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any business establishment on the basis (in whole or in part) of such person's sexual orientation or gender identity.

2. Credit. It is an unlawful business practice for any person to deny credit to any person on the basis (in whole or in part) of such person's sexual orientation or gender identity.

3. Advertising. It is an unlawful business practice for any person to make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any business establishment which states that such establishment engages or will engage in any unlawful practice as defined in this section. (Ord. 2013-0038 § 15; prior code § 14.01.102)

A. Unlawful Real Estate Practices. It is an unlawful real estate practice for any person to do any of the following acts wholly or partially based on sexual orientation or gender identity:

1. To terminate, or fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to include in the terms or conditions of a transaction in real property any clause, condition or restriction; or falsely to represent that an interest in real property is not available for a transaction in connection therewith, including, but not limited to, rental or leasing thereof.

2. To refuse to lend money, guarantee the loan, accept the deed of trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property.

3. To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee.

4. To make, print, publish, advertise or disseminate, in any way, any notice, statement or advertisement with respect to financing related to any such transaction which states that any unlawful real estate practice as defined in this section will be engaged in.

B. Exceptions.

1. 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 one of the living units and 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. (Ord. 2013-0038 § 16; prior code § 14.01.103)

A. Unlawful Service Practices.

1. City Facilities. It is an unlawful service practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms and conditions upon the availability of, any service program or facility wholly or partially funded or otherwise supported by the city on the basis, in whole or in part, of the individual's sexual orientation or gender identity.

2. City Services. It is an unlawful service practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms or conditions on the availability of, any city service on the basis, in whole or in part, of such individual's sexual orientation or gender identity.

3. Supported Facilities and Services. It is an unlawful service practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms and conditions upon the availability of, any service, program or facility wholly or partially funded or otherwise supported by the city on the basis, in whole or in part, of the individual's sexual orientation or gender identity. This subsection shall not apply to any facility, service or program which does not receive any financial assistance from the city which is not provided in the public generally.

4. Advertising. It is an unlawful service practice for the city or any person employed by the city to make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any service or facility provided by the city which states that the city or any person employed by the city engages or will engage in an unlawful service practice.

B. It is an unlawful service practice for any organization described in subsection (A)(3) of this section to make, print, publish, advertise or disseminate in any way any notice, statement, or advertisement with respect to any service or facility provided by such organization which states that such organization engages in or will engage in unlawful service practices as defined in this section. (Ord. 2013-0038 § 17; prior code § 14.01.104)

A. Unlawful Educational Practices.

1. Admission. It is an unlawful educational practice for any person to deny admission to an educational institution, or to impose different terms or conditions on admission, on the basis, in whole or in part, of such individual's sexual orientation or gender identity.

2. Services. It is an unlawful educational practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any service or program offered by an educational institution on the basis, in whole or in part, of such individual's sexual orientation or gender identity.

3. Facilities. It is an unlawful educational practice for any person to deny any individual the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any facility owned or operated by an educational institution on the basis, in whole or in part, of such individual's sexual orientation or gender identity.

4. Advertising. It is an unlawful educational practice for an educational institution or any person employed by an educational institution to make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to that educational institution which states that such institution engages in, or will engage in, an unlawful educational practice.

B. Exceptions.

1. It is not an unlawful discriminatory practice for a religious or denominational institution to limit admission to or give other preference to applicants of the same religion.

2. Nothing in this chapter shall be construed to apply to any educational institution owned or operated by any federal, state, or local government agency. (Ord. 2013-0038 § 18; prior code § 14.01.105)

No person shall retaliate against any individual because such individual seeks the enforcement of the provisions of this chapter. (Prior code § 14.01.106)

The provisions of this chapter shall not apply to religious organizations or corporations not organized for private profit in the conduct of their religious activities. (Prior code § 14.01.107)

A. Civil Action.

1. Any aggrieved person may enforce the provisions of this chapter by means of a civil action in which the court may award actual damages and costs.

2. 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.

3. In any action to enforce the provisions of this chapter, the court may allow the prevailing party reasonable attorney's fees. (Prior code § 14.01.108)

A. It is unlawful for any person to violate the provisions of Section 9.20.020(C)(1) of this chapter. Such violation shall be deemed an infraction, the fine for which shall be levied in the amounts prescribed by Section 36900 of the Government Code as that section may hereinafter be amended or renumbered.

B. Notwithstanding any other provision of this code to the contrary, violation of any provision of this chapter other than as provided in subsection A of this section shall not be deemed a crime. (Prior code § 14.01.109)

Judicial actions under this chapter must be filed within one year and six months of the time which plaintiff knew or should have known of:

A. The defendant's decision or action which plaintiff alleges is based on plaintiff's sexual orientation or gender identity; or

B. The defendant's act of retaliation against plaintiff in violation of Section 9.20.070 of this chapter. (Ord. 2013-0038 § 19; prior code § 14.01.110)

Any written or oral agreement whereby any provision of this chapter is waived or modified, is against public policy and void. (Prior code § 14.01.112)