Anti-Discrimination Center

Sec. 28-212. Definitions. back to top

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Physical or mental handicap means a handicap unrelated to a person's ability to perform a particular job or position available to him for hire or promotion or a handicap unrelated to a person's ability to acquire or to rent and maintain particular real property or housing accommodations.

Publish means to make public, or to make known to people in general, or to make public in a newspaper, book, circular or the like distributed to the public or to a significant portion of the public.

Single-family dwelling unit means housing or a portion thereof designed for use by a single family.

(Code 1985, § 9.29.010)

Cross references: Definitions generally, § 1-2.

Sec. 28-213. Civil rights; public policy. back to top

(a) It is public policy to accord to all people fair and equal opportunity under the law to engage in public commercial activities, to enjoy equal employment opportunities and to obtain and occupy decent housing under lawful regulation, applicable to all, regardless of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition. It is furthermore found that the public welfare will be served by the maintenance of conditions which encourage and support these goals.

(b) It is public policy for the county in the exercise of its powers to provide for the safety, preserve the health, promote the prosperity, order, comfort and convenience of its inhabitants, to guarantee under the law to all persons full and equal opportunity to engage in the public trade and commerce, to obtain and enjoy fair employment treatment, to purchase, own, occupy and use real property for lawful purposes regardless of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition.

(Code 1985, § 9.29.030)

Sec. 28-214. Discrimination prohibited in business dealings with public. back to top

It is unlawful for any person engaging or purporting to engage in business dealings with the public to discriminate against any person on account of sex, race, color, religion, national origin, age, marital status or physical or mental handicap or serious medical condition, and for such persons so engaging or so purporting to engage in business dealings with the public, to publish, broadcast, circulate, issue, display or post or cause to be published, broadcasted, circulated, issued, displayed or posted within the county, any communication to the effect that any of the accommodations, merchandise, service, advantages, facilities or privileges offered by such person to the public shall be refused, withheld from or denied to any person on account of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition, or that the patronage of any person belonging to or purporting to be of any particular sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition is unwelcome, objectionable or not acceptable, desired or solicited.

(Code 1985, § 9.29.040)

Sec. 28-215. Discrimination prohibited in employment. back to top

It is unlawful:

(1) To refuse to hire or employ or to bar or to discharge from any employment any person because of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition to discriminate against any person in compensation or in terms, conditions or privileges of employment unless based upon a bona fide occupational qualification;

(2) To deny to any person, by any means, membership in any labor organization because of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition or by regulation, practice or otherwise, for any labor organization to deny to any of its members, by reason of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition equal treatment with all other members in any designation of members to any employer for employment, promotion or dismissal by such employer;

(3) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry or record in connection with employment which expresses, directly or indirectly, any limitation, specification or discrimination as to sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition or any intent to make any such limitation, specification or discrimination, or to discriminate in any way on the grounds of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition unless based upon a bona fide occupational qualification; and

(4) For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices prohibited by this article or because he has filed charges, testified or assisted in any proceeding under this article.

(Code 1985, § 9.29.050)

Sec. 28-216. Discrimination prohibited in housing. back to top

It is unlawful to:

(1) Refuse to sell, lease, sublease, rent, assign or otherwise transfer, or refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold or other interest in any housing, or to represent that housing is not available for inspection, sale, lease, sublease, rental, assignment or other transfer when in fact it is so available, or otherwise to deny or withhold any housing from any person because of such person's sex, race, color, religion, ancestry, national origin, age, marital status or mental or physical handicap or serious medical condition;

(2) Include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing any clause, condition or restriction discriminating against any person in the use or occupancy of such housing because of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition;

(3) Discriminate in the furnishing of any facilities or services or in the terms, conditions, privileges or tenure of occupancy of any housing because of sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition.

(Code 1985, § 9.29.060)

Sec. 28-217. Discrimination prohibited in home financing. back to top

It is unlawful for any lending institution to discriminate in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing, or to discriminate in the fixing of the rates, terms, conditions or provisions of any such financial assistance or in the extension of service in connection therewith because of sex, race, color, religion, ancestry, national origin, age, marital status or mental or physical handicap or serious medical condition.

(Code 1985, § 9.29.070)

Sec. 28-218. Discrimination prohibited in home advertising. back to top

It is unlawful for any person to publish or circulate or to cause to be published or circulated any notice, statement or advertisement, or to announce a policy or to use any form of application for the purchase, lease, rental or financing of any housing or to make any record or inquiry in connection with the prospective purchase, rental, lease or financing of any housing thereof which expresses, directly or indirectly, any limitation, specification or discrimination as to sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition.

(Code 1985, § 9.29.080)

Sec. 28-219. Exemptions. back to top

(a) Nothing in this article shall be interpreted so as to prohibit:

(1) Making of choices among prospective customers, patrons, purchasers, employees or tenants on the basis of factors other than sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition;

(2) Refusal of accommodations, services, advantages, facilities or privileges for reasons other than sex, race, color, religion, ancestry, national origin, age, marital status or physical or mental handicap or serious medical condition; and

(3) Any religious organization and any charitable or educational organization which is operated, supervised or controlled by a religious organization to engage in any practice calculated to promote the religious principles for which such an organization is established or maintained.

(b) Provisions of sections 28-215--28-217 shall not apply to the renting, subrenting, leasing or subleasing of a room within a single-family dwelling unit.

(c) Nothing in this article shall apply to public restrooms, public showers, public dressing facilities or sleeping quarters in public institutions, where the preference or limitation is based on sex.

(Code 1985, § 9.29.090)