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.
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