San Mateo County Municipal Code Ch. 3.104 Discrimination

After public hearings and receipt of testimony, the Board of Supervisors of the County of San Mateo finds and declares:

(a) That the medical condition described as Acquired Immune Deficiency Syndrome and commonly known as AIDS is a deadly disease caused by infection by a known organism (Human Immuno-Depressant Virus) which has the potential to affect every segment of our County's population.

(b) That the opinion of the medical and scientific community is that persons with AIDS, or any medical signs or symptoms related thereto, have been infected by the Human Immuno-Depressant Virus, which attacks and cripples the body's immune system.

(c) That such destruction of the host immune system results in a variety of illnesses which debilitate the body resulting in a wide spectrum of clinical disease causing a high mortality rate among those so infected.

(d) That the spread of the virus is through the exchange of blood, blood products, and semen between individuals.

(e) That transmission of this disease is also one of maternal transmission, from an infected mother to her infant, either during fetal development or at the time of birth.

(f) That the spread of this virus is due to specific known behaviors and actions and that there is no medical evidence of such infection occurring by casual contact.

(g) That the public health danger presented by this virus in all of its manifestations is caused by a lengthy asymptomatic period of infection during which an apparently healthy individual may spread the disease to other individuals.

(h) That medical studies of family groups in which one or more persons have been known to be infected by the virus show no spread of the virus other than by sexual intimacy or through the exchange of blood and blood products (including from mother to fetus).

(i) That the HIV virus is a fragile virus which can thrive only in favorable conditions and can be protected against by the application of regular practices of hygiene, such as the use of chlorine in swimming pools and spas, the use of household bleach when washing garments or cleaning contaminated surfaces and hand and/or body washing with soap and water.

(j) That those persons currently infected with this virus, in all of its phases and manifestations, represent a segment of our population particularly victimized due to the nature of this disease.

(k) That the spread of this disease, in the opinion of the medical community, will increase at a high rate within our County for the foreseeable future.

(l) That discrimination against victims of this virus exists within the County of San Mateo.

(m) That such discrimination cuts across all racial, ethnic, cultural, and economic lines.

(n) That such discrimination cuts across all age groups, including infants who may be especially disenfranchised by this disease.

(o) That existing state and federal restraints on such arbitrary discrimination are inadequate to meet the particular problems of this county.

(Prior code § 3950; Ord. 3140, 04/12/88)

A. Prohibited Activity. Any of the following acts shall constitute discrimination and are unlawful and prohibited when they are done as a result of the fact, in whole or in part, that a person has AIDS or associated conditions as defined by section 3.104.090 of this Ordinance Code.

1. By an Employer. To fail or refuse to hire, or to discharge any individual; to discriminate against any individual with respect to compensation, terms, conditions, or privileges or 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/her status as an employee.

2. By an Employment Agency. To fail or refuse to refer for employment any individual; or otherwise to discriminate against any individual.

3. By a Labor Organization. To exclude or expel from its membership or to otherwise discriminate against any individual; or 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 would limit such employment opportunities, or otherwise adversely affect his/her status as an employee or as an Applicant for employment.

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

a. 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.

b. To 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 indicates an unlawful discriminatory act or preference.

B. Bona fide Occupational Qualification Not Discrimination.

1. Nothing contained in this section shall be deemed to prohibit selection or rejection based upon a bona fide occupational qualification, which is defined as a condition or a qualification that relates to a person's ability or inability to discharge the duties of a particular job, and the capacity of an individual to perform his or her duties without endangering his or her health or safety, or the health or safety of others.

2. If a party asserts that an otherwise discriminatory practice is justified as a bonafide occupational qualification, the following factors shall be considered.

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

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

C. Exceptions. Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the San Mateo County Department of Health Services in order to protect the public health.

(Prior code § 3951; Ord. 3140, 04/12/88)

A. Prohibited Activity. Any of the following acts shall constitute discrimination and are unlawful and prohibited when they are done as a result of the fact, in whole or in part, that a person has AIDS or any of the associated conditions as defined by section 3.104.090 of this Ordinance Code.

1. 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; or falsely to represent that an interest in real property is not available for transaction.

2. To include in the terms or conditions of a transaction in real property any clause, condition, or restriction.

3. To refuse to lend money, guarantee the loan of money, accept a 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 conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in real property.

4. To refuse or restrict facilities, services, repairs, or improvement for any tenant or lessee.

5. To make, print, publish, advertise, or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on AIDS.

B. Exceptions.

1. Nothing in this section shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

2. Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the San Mateo County Department of Health Services in order to protect the public health.

(Prior code § 3952; Ord. 3140, 04/12/88)

A. Prohibited Activity. The denial of the full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations of any business establishment or public accommodation shall constitute discrimination and is unlawful and prohibited when done as a result of the fact, in whole or in part, that a person has AIDS or any of the associated conditions as defined by section 3.104.090 of this Ordinance Code.

B. Advertising. No person shall make, print, publish, advertise, or disseminate in any way any notice, statement, or advertisement with respect to any business establishment or public accommodation which indicates that a person is doing or will do anything which is defined by this ordinance as discrimination.

C. Exceptions. Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the San Mateo County Department of Health Services in order to protect the public health.

(Prior code § 3953; Ord. 3140, 04/12/88)

A. The denial of the full and equal enjoyment, or the imposition of different terms or conditions on the availability, of any of the following constitutes discrimination and is unlawful and prohibited when done as a result of the fact, in whole or in part, that a person has AIDS or any of the associated conditions as defined by section 3.104.090 of this Ordinance Code.

1. Use of any County facility or County service.

2. Any service, program or facility wholly or partially funded or otherwise supported by the County of San Mateo.

B. Nothing in this section shall be construed to prohibit any act which is specifically authorized by the laws of the State of California or any actions taken by or under the direction of the San Mateo County Department of Health Services in order to protect the public health.

(Prior code § 3954; Ord. 3140, 04/12/88)

A. Association. It shall be discrimination and is unlawful and prohibited for any person to do any of the acts described in sections 3.104.020 through 3.104.050 of the Ordinance Code, as a result of the fact that a person associates with anyone who has AIDS or any of the associated conditions as defined by section 3.104.090 of this Ordinance Code.

B. Retaliation. It shall be discrimination for any person to do any of the acts described in section 3.104.020 through 3.104.050 of the Ordinance Code or to retaliate against a person because a person:

1. has opposed any act or practice defined as discrimination by sections 3.104.020 through 3.104.050 of this Ordinance Code;

2. has supported this ordinance and its enforcement;

3. has filed an allegation pursuant to section 3.104.080 of this Ordinance Code with the San Mateo Department of Health Services;

4. has assisted, or participated in any way in any mediation or proceeding specified in section 3.104.080 of this Ordinance Code.

(Prior code § 3955; Ord. 3140, 04/12/88)

A. No person shall require another to take any test or undergo any medical procedure designed to show or to help to show that a person has AIDS or any of the associated conditions defined by section 3.104.090 of this Ordinance Code.

B. Nothing in this section shall be construed to prohibit any act specifically authorized by the laws of the State of California or any actions taken by or under the direction of the San Mateo County Department of Health Services in order to protect the public health.

(Prior code § 3956; Ord. 3140, 04/12/88)

A. Any person who believes that he or she has been discriminated against as defined by sections 3.104.020 through 3.104.080 of this Ordinance Code may file an allegation with the County of San Mateo Department of Health Services.

B. Upon receipt of any such allegation, the Department of Health Services is authorized to investigate and mediate the allegation, and to seek resolution of the allegation, while maintaining all necessary confidentiality required by law. The efforts of the department pursuant to this section are limited to endeavors at investigation, conference, conciliation, and persuasion.

C. In investigating, mediating and resolving such allegations of discrimination, the Department of Health Services by and through the Director of Health Services may establish an AIDS Task Force whose members will be determined by the Director of Health Services of San Mateo County and assign such investigation, mediation and resolution functions to the AIDS Task Force.

(Prior code § 3957; Ord. 3140, 04/12/88)

As used in this chapter, the following words or phrases shall have the meanings indicated;

A. The words "AIDS" shall be defined according to the guidelines established by the U.S. Department of Health and Human Services Center for Disease Control. Associated conditions shall mean AIDS Related Complex (ARC) or a positive human immuno depressant virus (HIV) test.

B. The phrase "business establishment" shall mean 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 consist only of payment of fees or consist of requirements according to which the majority of adult residents of this County could qualify.

C. The word "person" as used in this chapter shall mean any individual, person, firm, corporation, or other organization or group of persons however organized.

(Prior code § 3958; Ord. 3140, 04/12/88)

If any part or provision of this chapter, or the application thereof to any person or circumstances 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, provisions of this chapter are severable.

(Prior code § 3959; Ord. 3140, 04/12/88)

All provisions of this ordinance apply to unincorporated areas of the County of San Mateo. However, the investigation, mediation and resolution services authorized by section 3.104.080 may be provided any where in the County when in the judgment of the Director of Health Services such services may be beneficial in resolving such allegations of discrimination as defined by sections 3.104.020 through 3.104.080 of this Ordinance Code.

(Prior code § 3960; Ord. 3140, 04/12/88)