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For the Record:
The Santa Cruz (CA) TG Ordinance

Contributed by Melinda Whiteway


Because of the interest generated by the recent adoption of an anti-bias law in Evanston, Illinois, it may be useful to those working on similar laws to review these excerpts from one of the strongest laws for our community. The city of Santa Cruz adopted this ordinance in 1992, and while it was the subject of some derision by rightwing talk radio, it has since proved to be a reasonable, workable law. The full ordinance is 26 pages long.


9.83.010 PURPOSE AND INTENT.



It is the intent of the city council, in enacting this chapter, to protect
and safeguard the right and opportunity of all persons to be free from all
forms of arbitrary discrimination, including discrimination based on age,
race, color, creed, religion, national origin, ancestry, disability, marital
status, sex, gender, sexual orientation,
height, weight or physical characteristic. 

It is important to recognize that the council's purpose in enacting this chapter is to promote the public health and welfare of all persons who live and work in Santa Cruz. Preliminary 1990 federal census data indicate that the ethnic minority population within the city is growing at a significant rate and that these groups now represent twenty-one percent of the city's population. Statistics compiled by the Association of Monterey Bay Area Governments (AMBAG) document that in 1989 thirty-two percent of the households in the city could be classified as "very low income." The 1990 median sales price for a house in Santa Cruz County was two hundred seventy-one thousand eight hundred dollars. California Employment Development Department statistics document that as of December, 1991 the unemployment rate in the city of Santa Cruz County was nine and two-tenths percent. Unemployed persons have less access to comprehensive health care than employed persons inasmuch as many jobs provide health care benefits that otherwise would not be affordable. In light of these facts it is important for the city to take action to assure that all persons within the city have equal access to housing, employment and services, the absence of which would expose a significant sector of the city's population to substantial health risks resulting from the absence of shelter, the absence of access to necessary health care, or substandard living conditions.

In addition to these concerns, the council also notes that the Federal Equal Employment Opportunity Commission and the State Department of Fair Employment and Housing, although ostensibly designed to receive, investigate, evaluate and expeditiously and inexpensively resolve complaints of discrimination, as a practical matter are not equipped to deal with the volume of complaints received. As a result, for the most part complaints are not thoroughly and quickly assessed and complainants are generally simply issued "right to sue" letters, leaving complainants and respondents with no alternative but time-consuming, expensive litigation. It is therefor also the intent of the council to provide an inexpensive, expedient and informal method of resolving discrimination disputes that may arise in the area of employment, housing, and public accommodation and to ease the burden on the superior and municipal courts of this county caused by the proliferation of civil filings arising out of such disputes. Finally it is the intent of the council to protect Santa Cruz residents from unwarranted invasions of privacy or from discrimination based on matters that are of private concern. (Ord. 92-11 § 1 (part), 1992). 9.83.020 DEFINITIONS. (1) "Advertising" shall mean to make, print, publish, advertise or otherwise disseminate any notice, statement or advertisement with respect to any employment activity, any business activity, any service activity or any educational activity; (2) "Age" shall mean eighteen years of age or older except as otherwise provided by law; (3) "Business establishment" shall mean any entity, however organized, which furnishes goods, services or accommodations 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 consist only of payment of fees, or consist only of requirements under which a substantial portion of the residents of the city could qualify; (4) "Disability" or "disabled" shall mean, with respect to an individual: a physical or mental impairment that substantially limits one or more of the major life activities of the individual; a record of such an impairment; or being regarded as having such an impairment. For purposes of this chapter discrimination on the basis of disability means that no covered entity shall discriminate against a qualified individual with a disability because of that individual's disability. The term "qualified individual with a disability" shall mean an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. Except as herein provided discrimination on the basis of disability is to be interpreted in a manner consistent with the Americans With Disabilities Act, the regulations promulgated pursuant thereto and judicial decisions lending construction thereto. (5) "Discriminate, discrimination or discriminatory" shall mean any act, policy or practice which, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person's race, color, creed, religion, national origin, ancestry, disability, marital status, sex, gender, sexual orientation, height, weight or physical characteristic. "Discrimination" includes the assertion of an otherwise valid reason for action as a subterfuge or pretext for prohibited discrimination. (6) "Educational institution" shall mean any public or private educational institution including an academy, college, elementary or secondary school, extension course, kindergarten, preschool, nursery school, university, and any business, nursing, professional, secretarial, technical or vocational school. (7) "Employee" shall mean any individual employed or seeking employment from an employer. (8) "Employer" shall mean any person who, as of August 1, 1992 for compensation, regularly employs five or more individuals, not including the employer's parents, spouse or children. For purposes of this chapter an employer "regularly" employs five individuals when the employer employs five or more individuals for each working day in any twenty or more calendar weeks in the current or previous calendar year. For purposes of this chapter an "employer" is also any person acting on behalf of an employer, directly or indirectly, or any employment agency. (9) "Gender" shall have the same meaning as "sex" as that term is used herein and shall be broadly interpreted to include persons who are known or assumed to be transgendered. (10) "Height" shall mean the actual or assumed height of an individual. (11) "Labor organization" shall mean any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection on behalf of employees. (12) "Person" shall mean any natural person, firm, corporation, partnership or other organization, association or group of persons however arranged. (13) "Physical characteristic" shall mean a bodily condition or bodily characteristic of any person which is from birth, accident, or disease, or from any natural physical development, or any other event outside the control of that person including individual physical mannerisms. Physical characteristic shall not relate to those situations where a bodily condition or characteristic will present a danger to the health, welfare or safety of any individual. (14) "Place of public accommodation" shall include: inns; taverns; hotels; motels; restaurants; wholesale outlets; retail outlets; banks; savings and loan associations; other financial institutions; credit information bureaus; insurance companies; dispensaries; clinics; hospitals; theaters; recreational parks and facilities; trail camps; garages; public conveyances; public halls; and all other establishments within the city which offer goods, services, accommodations and entertainment to the public. A place of public accommodation does not include any institution, club or other place of accommodation which by its nature is distinctly private. (15) "Service" shall mean any activity which contributes to the welfare of others; (16) "Sexual orientation" shall mean known or assumed heterosexuality, homosexuality, or bisexuality. (17) "Transaction in real estate" shall include the exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, of any interest in real property or improvements thereon. (18) "Weight" shall mean the actual or assumed weight of an individual. (Ord. 92-11 § 1 (part), 1992). 9.83.100 COERCION OR RETALIATION. (1) It shall be an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the exercise of, or on account of having exercised, or on account of having aided or encouraged any other person in the exercise of, any right granted or protected under this chapter, or on account of having expressed opposition to any practice prohibited by this chapter. (2) It shall be an unlawful discriminatory practice for any person to require, request, or suggest that a person retaliate against, interfere with, intimidate or discriminate against a person, because that person has opposed any practice made unlawful by this chapter, or because that person has made a charge, or because that person has testified, assisted or participated in any manner in an investigation, proceeding or hearing authorized under this chapter. (3) It shall be an unlawful discriminatory practice for any person to cause or coerce, or attempt to cause or coerce, directly or indirectly, any person in order to prevent that person from complying with the provisions of this chapter. (4) Nothing contained herein shall be construed to impair the constitutionally protected right to freedom of speech. (5) In the course of investigating or proving a charge of discrimination under this chapter, no person shall be required to disclose their sexual orientation or gender. (Ord. 92-11 § 1 (part), 1992). 21.01.010 UNLAWFUL TO DISCRIMINATE. It shall be unlawful for any person having the right to rent or lease any housing accommodation to discriminate against any person on the bases of race, color, creed, religion, national origin, ancestry, disability, marital status, sex, sexual orientation, personal appearance, pregnancy or tenancy of a minor child except as provided for by state law.