Chapter 9.40 — PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS

It is hereby declared as the public policy of the City of West Hollywood that it is necessary to protect and safeguard the rights and opportunities of persons suffering from AIDS and AIDSrelated conditions, carriers of the virus that causes AIDS, and persons regarded by others as having AIDS, to be free from discrimination in employment, housing, business establishments, health care services, city facilities and services, and other public services and public accommodations.

At the present time, federal and state laws protect persons against discrimination on the Founds of race, religion, color, ancestry, national origin, physical handicap, medical condition, age and sex. These laws do not sufficiently protect against discrimination on the ground that persons currently suffer from AIDS or AIDS-related conditions or are carriers of the virus that causes AIDS, nor do they protect persons discriminated against because they are regarded as having or carrying AIDS, whether such perception is real or imaginary. (Prior code § 4270; Ord. 85-77 § 2, 1985)

"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 know as HTLV-III or LAV. Signs and symptoms of this disease complex are manifested in the afflicted person by a series of virus or fungus-caused illnesses of a chronic nature.

"AIDS-related condition" 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 may never develop 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, whether such perception is real or imaginary; and includes persons perceived as either having AIDS, or as carrying the virus causing AIDS, or as having been exposed to persons having or carrying AIDS, whether such perception is real or imaginary.

"Business establishment" shall mean and include 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 payment of fees; (b) consist of requirements under which a substantial portion of the residents of this city could qualify.

"Carriers of AIDS" shall mean and include symptomless carriers of the AIDS virus.

"Educational institution" shall mean and include any institution of higher education, vocational school, high school, or elementary school.

"Employee" shall mean and include any person employed by an employer as defined below.

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

"Housing services" shall mean services connected with the use or occupancy of a rental unit

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City of West Hollywood, CA § 9.40.020

WEST HOLLYWOOD CODE

§ 9.40.030

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, parking and any other benefits, privileges or facilities.

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

"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.

"Rental units" shall mean all dwelling units, efficiency dwelling units, guest rooms, suites, and dormitories in the City of West Hollywood, 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. (Prior code § 4271; Ord. 85-77 § 2, 1985)

• a. Acts Prohibited. 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:

  1. 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 on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  2. 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 on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  3. Fail or refuse to refer for employment any person, or otherwise to discriminate against any person on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  4. 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 her or his status as an employee or as an applicant for employment on the basis (in whole

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City of West Hollywood, CA § 9.40.030

PUBLIC PEACE AND SAFETY

§ 9.40.040

or in part) that such person has the medical condition AIDS or an AIDS-related condition.

5. Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any onthe-job training program on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

6. Make, print, publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to employment that indicates any preference, limitation, or discrimination with respect to the fact that a person has the medical condition AIDS or an AIDS-related condition.

• b. Exceptions.

  1. Nothing contained in this chapter shall be deemed to prohibit selection, rejection or dismissal based upon a bona fide occupational qualification, provided however that an employer shall make reasonable accommodation to the AIDS-related physical handicap of an employee suffering from AIDS or an AIDS-related condition if the employer knows of the AIDS-related physical handicap, unless the employer can demonstrate that the accommodation would impose an undue hardship.

, rejection or dismissal based upon a bona fide occupational qualification, provided however that an employer shall make reasonable accommodation to the AIDS-related physical handicap of an employee suffering from AIDS or an AIDS-related condition if the employer knows of the AIDS-related physical handicap, unless the employer can demonstrate that the accommodation would impose an undue hardship.

2. 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.

(Prior code § 4272; Ord. 85-77 § 2, 1985)

• a. Acts Prohibited. 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:

  1. 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 on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  2. Rent or lease a rental unit on less favorable terms, conditions or privileges, or discriminate in the provision of housing services to any person on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  3. Represent to any person that a rental unit is not available for inspection, rental or lease when such rental unit is, in fact, available, on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  4. Make, print, publish, or cause to be made, printed, or published 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 a person has the medical condition AIDS or an AIDS-related condition.

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City of West Hollywood, CA § 9.40.040

WEST HOLLYWOOD CODE

§ 9.40.060

• b. Exceptions.

  1. 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

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

  3. Nothing in this chapter shall override any just cause for eviction set forth in the Rent Stabilization Ordinance.

  4. Nothing in this chapter shall 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.

(Prior code § 4273; Ord. 85-77 § 2, 1985)

• a. Act Prohibited. 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, medical, dental, health care and convalescent services of any kind whatsoever, restaurants, motels, hotels, and ambulance services, on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

It shall further be an unlawful practice for any person to make, print, publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to the aforementioned businesses that indicates any preference, limitation, or discrimination with respect to the fact that a person has the medical condition AIDS or an AIDS-related condition.

• b. Exceptions. 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 sperm.

• (Prior code § 4274; Ord. 85-77 § 2, 1985)

• a. Acts Prohibited. It shall be an unlawful practice for any person to deny any person the full and equal enjoyment of, or to impose different terms and conditions on the availability of any of the following:

  1. Use of any city facility or city service on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  2. Any service, program or facility wholly or partially funded or otherwise supported by the City of West Hollywood, on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition. This subsection shall not apply to any facility, service or program which does not receive any assistance from the City of West Hollywood which is not provided to the public generally.

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.40.060

§ 9.40.100

It shall further be an unlawful practice for any person to make, print, publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to any city facility or city service or any service, facility or program wholly or partially funded or otherwise supported by the City of West Hollywood that indicates any preference, limitation, or discrimination with respect to the fact that a person has the medical condition AIDS or an AIDS-related condition.

(Prior code § 4275; Ord. 85-77 § 2, 1985)

• a. Acts Prohibited. It shall be an unlawful educational practice for any person to do any of the following:

  1. To deny admission, or to impose different terms or conditions on admission, on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  2. 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 or any service or program offered by an educational institution on the basis (in whole or in part) that such person has the medical condition AIDS or an AIDS-related condition.

  3. Make, print, publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to an educational institution that indicates any preference, limitation, or discrimination with respect to the fact that a person has the medical condition AIDS or an AIDS-related condition.

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

(Prior code § 4276; Ord. 85-77 § 2, 1985)

It shall be unlawful to 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. (Prior code § 4277; Ord. 85-77 § 2, 1985)

It shall be 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 person against whom such assertions are made has the medical condition AIDS or an AIDSrelated condition.

(Prior code § 4278; Ord. 85-77 § 2, 1985)

Any person who violates any of the provisions of this chapter or who aids in the violation of any

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City of West Hollywood, CA § 9.40.100

WEST HOLLYWOOD CODE

§ 9.40.130

provisions of this chapter shall be liable for, and the court shall award to the individual whose rights are violated, actual damages, costs, attorney's fees, and 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.

(Prior code § 4279; Ord. 85-77 § 2, 1985)

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

• b. Injunction.

  1. 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.

  2. 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.

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

(Prior code § 4280; Ord. 85-77 § 2, 1985)

Actions under this chapter must be filed within one year of the alleged discriminatory acts. (Prior code § 4281; Ord. 85-77 § 2, 1985)

If any part or provision of this chapter or the application thereof to any person or circumstance, 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 § 4282; Ord. 85-77 § 2, 1985)

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.44.010

§ 9.44.020