ARTICLE V. - NONDISCRIMINATION ORDINANCE
Sec. 2-251. - Purpose. back to top
It is the purpose of this article and the policy of the township to promote the equal treatment of all individuals and to assure equal opportunity to all persons in the area of employment, housing, public accommodations, and public services. Discrimination based upon race, color, religion, gender, age, height, weight, marital status, sexual orientation, national origin, or physical or mental limitation is contrary to the keeping of the peace, goodwill, and harmony among the citizens of Saugatuck Township.
(Ord. No. 2007-02, § 2, 8-2-2007)
Sec. 2-252. - Definitions. back to top
Age. An individual's chronological age.
Color. An individual's skin pigmentation.
Discriminate. Without limitation, any act which because of race, color, religion, gender, age, height, weight, marital status, sexual orientation, national origin, or physical or mental limitation results in the unequal treatment or separation of any person, or denies, prevents, limits or otherwise adversely affects the benefit or enjoyment of any person, of employment, ownership or occupancy of real property or public accommodations and public services.
Employment. The act of hiring, retaining, and promoting of a person to perform the duties of a particular job or position.
Gender. The real or perceived sex, gender identity, or gender expression.
Height or weight. The physical characteristics of an individual as it relates to that individual's size.
Housing. The opportunity to purchase, lease, sell, hold, rent, use, and convey dwelling units.
Marital status. The state of being single, married, separated, widowed, or divorced.
National origin. Shall be defined to include the national origin of an ancestor.
Person. An individual, firm, partnership, corporation, association, organization, unincorporated organization, labor organization, trustee, receiver, or other fiduciary.
Mental limitation. A limitation or physical capabilities unrelated to one's ability to safely perform the work involved in jobs available to such person for hire or promotion; a limitation of mental capabilities unrelated to one's ability to acquire, rent, and maintain property; or a limitation of mental capabilities unrelated to one's ability to utilize and benefit from the goods, services, activities, privileges, and accommodations of a place of public accommodation. "Mental limitation" includes, but is not limited to: developmental disabilities, psychological, etc. "Mental limitation" does not include any condition caused by the current illegal use of a controlled substance.
Physical limitation. A limitation or physical capabilities unrelated to one's ability to safely perform the work involved in jobs or positions available to such person for hire or promotion; a limitation of physical capabilities unrelated to one's ability to acquire, rent, and maintain property; or a limitation of physical capabilities unrelated to one's ability to utilize and benefit from the goods, services, activities, privileges, and accommodations of a place of public accommodation. "physical limitation" includes, but is not limited to: blindness, or partial sightedness, deafness, or hearing impairment, "physical limitation" does not include any condition caused by the current illegal use of a controlled substance.
Public accommodations and public services. The full and equal access to any educational, cultural, governmental, health care, accommodation, business, or other facility of any kind, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public, or which receive financial support through the solicitation of the general public or through governmental subsidy of any kind.
Sexual orientation. Male or female heterosexuality, homosexuality, or bisexuality, real or perceived by orientation or practice.
(Ord. No. 2007-02, § 3, 8-2-2007)
Sec. 2-253. - Prohibited acts. back to top
No person or persons shall discriminate against any person or persons within the township regarding employment, housing, public accommodations, and public services on the basis of that person's race, color, religion, gender, age, height, weight, marital status, sexual orientation, national origin, or physical or mental limitation. This division shall not be construed to be preempted by state or federal statute.
(Ord. No. 2007-02, § 4, 8-2-2007)
Sec. 2-254. - Exemptions. back to top
Private club exemption. The prohibition of section 2-253 shall not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the private club or establishment are made available to the customers or patrons of another establishment that is a place of public accommodation or is licensed by the state under Act No.8 of the public Act of 1933, being MCL 236.1 through 436.8, the Michigan Liquor Control Act, as amended.
Religious exemption. The prohibition of section 2-253 shall not apply to a religious education institution or an educational institution operated, supervised, or controlled by a religious institution or organization which limits admission or gives preference to an applicant of the same religion.
Private residence exemption. The prohibition of section 2-253 shall not apply to:
(1) The rental of housing accommodations in a building which contains housing accommodation for not more than two families living independently of each other if the owner or a member of the owner's immediate family resides in one of the housing accommodations, or to the rental of a room or rooms in a single-family dwelling by a person if the lessor or a member of the lessor's immediate family resides in the dwelling.
(2) The rental of housing accommodations for not more than 12 months by the owner or lessor where it was occupied by his/her and maintained as his/her home for at least three months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.
(3) With respect to the age provision only, the sale, rental, or lease of housing accommodations meeting the requirements of federal, state, or local housing programs for senior citizens, or accommodations otherwise intended, advertised, or designed or operated, bona fide, for the purpose of providing housing accommodations for persons 50 years of age or older.
Bona fide occupational qualification exemption. The prohibition of section 2-253 with respect to employment only, shall not apply where a protected classification set forth in section 2-253 is a bona fide occupational qualification reasonably necessary to the normal operation of a business or enterprise. A person shall have the burden of establishing that the qualification is reasonably necessary to the normal operation of that person's business or enterprise.
Private education institution exemption. The prohibition of section 2-253 relating to gender only shall not apply to an educational institution which now or hereafter provides an education to persons of one gender.
Governmental exemption. The prohibition of section 2-253 shall not apply to any action by a governmental agency where a person's qualification is expressly limited by statute, charter, ordinance, or policy as otherwise provided by law.
(Ord. No. 2007-02, § 5, 8-2-2007)
Sec. 2-255. - Filing of complaint. back to top
Any person or persons claiming to be aggrieved by an unfair or discriminatory practice (complainant) shall fill a complaint in writing with the township manager or township clerk within 30 days of the alleged discriminatory act.
(Ord. No. 2007-02, § 6, 8-2-2007)
Sec. 2-256. - Notification and investigation. back to top
Following the filing of a complaint, the township manager or township clerk shall notify in writing the person or persons subject to the complaint (respondent) of the allegations in the complaint and provide the respondent the opportunity to respond to the allegations. The respondent may admit the act of discrimination and pay the township civil infraction fine or disagree and respond in writing to the township manager or township clerk and no further township action shall be taken for that complaint.
(Ord. No. 2007-02, § 7, 8-2-2007)
Sec. 2-257. - Recordkeeping and recommendations. back to top
The township clerk shall keep a record of all complaints filed and the resolution thereof. The township manager or township clerk shall also make recommendations as needed to the township board as to the need for amendments and changes to this article based on the record.
(Ord. No. 2007-02, § 8, 8-2-2007)
Sec. 2-258. - Administrative liability. back to top
No township officer, agent or employee or member of the township board shall be personally liable for any damage that may accrue to any person, firm, association, corporation, partnership, joint venture, or combination of any of them as the result of any act, decision or other consequence of occurrence arising out of the discharge of duties and responsibilities pursuant to this article.
(Ord. No. 2007-02, § 9, 8-2-2007)