Windsor Municipal Code Art. 3 Exceptions; Enforcement

a. 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 the same dwelling unit as the prospective tenant.

b. Employee Benefit Systems. Nothing in this article is intended to require an employer to violate the conditions of a bona fide employee benefit program. Notwithstanding the foregoing, an employee benefit program which prohibits or is construed to prohibit the hiring of any person who would otherwise be required to be hired under the provisions of this chapter, or which purports to exclude coverage of HIV conditions either by its express terms or by exclusion of conditions such as sexually transmitted diseases or transfusion related conditions, is to that extent void as against public policy.

c. In Home Employers. Nothing in this article shall apply to employment of individuals to perform services in the place of residence of the employer.

d. Bona Fide Occupational Qualifications. Nothing in this chapter shall be deemed to prohibit selection or rejection based upon a bona fide occupational qualification or the lack thereof. However, in any action brought under this article, if a party asserts that an otherwise prohibited practice is justified by a bona fide occupational qualification, that party shall have the burden of proving: (1) that the discrimination is in fact a necessary result of bona fide occupational qualification: and (2) that there exists no less discriminatory means of satisfying the occupational qualification.

e. Lawful Insurance Practices. Discrimination as defined in this chapter does not include actions taken by insurance companies which are expressly permitted by State or Federal law with respect to applicants or covered persons or groups.

f. Religious Organizations. Discrimination as defined in this chapter does not include bona fide restrictions by religious organizations limiting employment or services to persons of the same religion.

a. Any aggrieved person may enforce the provisions of this chapter by means of a civil action for damages, injunction and such other relief as the court may allow.

b. Any person who permits, or who proposes to commit, an act in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunction under this subsection may be brought by an aggrieved person, by the Town Council, District Attorney or by any person or entity which will fairly and adequately represent the interests of the protected class.

c. The criminal penalties imposed by Chapter 1. of this Code shall not apply to violations of this chapter.

Any action or complaint under this chapter must be commenced within two (2) years of the date upon which the alleged discriminatory act occurred. This time period shall not begin to run until the aggrieved person discovers or with reasonable diligence should have discovered the discriminatory act.

Any written or oral agreement to waive any of the provisions of this chapter is against the public policy and therefor void.

To the extent permitted by public bidding laws, the Town of Windsor shall require that all contract suppliers of goods or services comply with the provisions of this chapter. The Council may waive this requirement upon a finding that a specified countervailing public policy requires doing so.