Windsor Municipal Code Art. 1 Policy; Findings; Prohibited Conduct

It is the policy of the Town of Windsor to eliminate discrimination based on the fact that a person has AIDS or a related condition, or HIV infection. In adopting the ordinance codified in this section, the Town Council does not intend 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 Council finds that such enactments do not occupy the field 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 the application of this section would conflict with such law or would unduly interfere with the achievement of Federal or State regulatory objectives. It is the intention of the Town Council 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.

The Town Council has studied documents and heard testimony, and makes the following findings:

a. AIDS is a deadly disease which affects a substantial number of Township residents.

b. AIDS is caused by infection with human immune virus (HIV, "AIDS virus"), which is transmitted through significant exposure to certain body fluids, 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. Unreasonable fear of contacting the disease has caused landlords, employers and providers of services to discriminate against persons believed to be 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 nonprofit 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.

a. Discrimination Prohibited. Discrimination against any person because that person has or is perceived to have 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 or who is believed to have:

1. Opposed any act or practice made unlawful by this chapter.

2. Supported this chapter or its enforcement.

3. Filed a complaint under this chapter.

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