HomeMy WebLinkAboutOrd 181 ORDINANCE NO. 181
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, ADDING CHAPTER 11.88 TO THE CATHEDRAL
CITY MUNICIPAL CODE RELATING TO PROHIBITING
ARBITRARY DISCRIMINATION IN EMPLOYMENT, HOUSING
AND OTHER REAL ESTATE TRANSACTIONS, BUSINESS
ESTABLISHMENTS AND PRACTICES, CITY FACILITIES AND
SERVICES, AND EDUCATIONAL INSTITUTIONS.
The City Council of the City of Cathedral City does ordain as follows:
SECTION 1. A new chapter, to be numbered 11.88, hereby is added to the
Cathedral City Municipal Code, to read as follows:
Chapter 11.88
PROHIBITION AGAINST ARBITRARY DISCRIMINATION
Sections:
11 .88.010 Public policy
11.88.020 Definitions
11.88.030 Unlawful Employment Practices
11.88.040 Unlawful Real Estate Practices
11.88.050 Unlawful Business Practices
11.88.060 Unlawful Service Practices
11.88.070 Unlawful Educational Practices
11.88.080 Advertising
11 .88.090 Subterfuge
11.88.100 Bona Fide Qualification
11.88.110 Enforcement
11.88.120 Limitation On Action
11.88.130 Severability
11.88.010 Public Policy. It is hereby declared as the public policy of the
City of Cathedral City that it is necessary to protect and safeguard the right
and opportunity of all persons to be free from all forms of arbitrary
discrimination, including discrimination based upon sex, marital status, race,
color, religion, ancestry, national origin, physical handicap and sexual
orientation.
At the present time, federal and state laws protect against many of the
forms of arbitrary discrimination, but these laws do not protect all classes
against all forms of discrimination. As a result, there is no adequate remedy
under existing law against such forms of arbitrary discrimination which have
not yet been accorded protected status by state and federal laws.
The City recognizes that the practice of discrimination against persons on
the basis of any arbitrary classification deprives the City of the full
utilization of its capacity for development and advancement and substantially
and adversely affects the interest of the City, employees, employers, and the
public in general . The City declares that it is the policy of the City of
Cathedral City to protect the personal right of all persons in the City to
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equality of access to goods and services and employment opportunities
furnished by businesses, the city and educational institutions, without
discrimination based on any arbitrary status classification whatever, and to
extend specific protections to identifiable classifications.
11.88.020 Definitions. As used in this chapter: A. "Business
Establishment" means any entity, however organized, which furnishes goods,
services, facilities, privileges, advantages or accomodations to the general
public. An otherwise qualifying establishment which has membership
requirements shall be considered to furnish services to the general public if
its membership requirements:
1. Consist only of the payment of fees;
2. Consist of requirements under which a ten percent (10%)or more of
the residents of the City could qualify; or
3. Consist of an otherwise unlawful business practice.
B. "Employee" does not include any individual employed by his or her
parents, spouse, or child or any individual employed under a special license
in a nonprofit sheltered workshop or rehabilitation facility.
C. "Employer" includes the city of Cathedral City, and any person
regularly employing five or more persons, or any person acting as an agent of
any employer, directly or indirectly. An "employer" shall not include a
religious association or a corporation organized for charitable purposes which
holds an Internal Revenue Service determination of tax exempt status under
Internal Revenue Code Section 501 (c)(3) .
D. "Employment Agency" includes any person undertaking for compensation to
procure employees or opportunities to work.
E. "Labor Organization" includes 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.
F. "Person" means any natural individual , person, firm, corporation,
partnership or other organization, association or group of persons however
organized.
G. "Physical Handicap" includes actual or perceived impairment of sight,
hearing, or speech, or impairment of physical ability because of amputation or
loss of function or coordination, and any other health impairment or medical
condition which results in impairment of physical ability. It is intended
that the term "Physical Handicap" shall include "Handicap" as interpreted by
the United States Supreme Court in School Board of Nassau County v. Arline,
announced March 3, 1987, and as interpreted by the California Department of
Fair Employment and Housing in its action against Raytheon Corporation,
reported as FEP 83-84, L1-031P, L-33676, 87-04.
H. "Sexual Orientation" means actual or supposed heterosexuality,
homosexuality, or bisexuality.
I. "Unlawful Discriminatory Practice" means to do any act, or fail to do
any act, as described herein, based in whole or in part upon a person's sex,
marital status, race, color, religion, ancestry, national origin, physical
handicap or sexual orientation.
11.88.030 Unlawful Employment Practices. A. Discrimination By Employer.
It is an unlawful employment practice for an employer to fail or refuse to
hire, or to discharge, any person, or otherwise to discriminate against any
person with respect to compensation, terms, conditions or privileges of
employment on the basis of any unlawful discriminatory practice.
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B. Segregation by Employer. It is an unlawful employment practice for an
employer to limit, segregate or classify employees or applicants for
employment in any manner which would deprive or tend to deprive any person of
employment opportunities, or adversely affect his or her employment status, on
the basis of any unlawful discriminatory practice.
C. Employment Agency. It is an unlawful employment practice for an
employment agency to fail or refuse to refer for employment any person, or
otherwise to discriminate against any person, on the basis of any unlawful
discriminatory practice.
D. Labor Organization. It is an unlawful employment practice for a labor
organization to fail or refuse to include in its membership or to otherwise
discriminate against any person; or to limit, segregate or classify its
membership; or to classify or fail or refuse to refer for employment any
person in any way which would deprive or tend to deprive such person of
employment opportunities, or otherwise adversely affect his or her status as
an employee or as a member or as an applicant for employment, if any such
action or inaction is based upon any unlawful discriminatory practice.
E. Job Training. It is an unlawful employment practice for an employer, an
employment agency or a labor organization to discriminate against any person
in admission to, or employment in, any programs established to provide
apprenticeship or other training or retraining, including any on-the-job
training program, on the basis of any unlawful discriminatory practice.
11.88.040 Unlawful Real Estate Practices. A. In General . It is an
unlawful real estate practice for any person to interrupt, terminate or fail
or refuse to initiate or conduct any transaction in real property, or any
interest therein, including but not limited to the rental or leasing thereof,
to require different terms for such transaction, to include in the terms or
conditions of a transaction in real property any clause, condition or
restriction, or falsely to represent that an interest in real property is not
available for transaction, on the basis of any unlawful discriminatory
practice.
B. Credit and Insurance. It is an unlawful real estate practice for any
person to refuse to lend money, refuse to guarantee a loan, refuse to accept a
deed of trust or mortgage, or otherwise refuse to make available funds for the
purchase, acquisition, construction, alteration, rehabilitation, repair or
maintenance of real property, or impose different conditions on such
financing, or refuse to provide title insurance or other insurance relating to
the ownership or use of any interest in real property, on the basis of any
unlawful discriminatory practice.
C. Tenant's Services. It is an unlawful real estate practice for any
person to refuse or restrict services, repairs, or use of facilities or
improvements, for any tenant or lessee on the basis of any unlawful
discriminatory practice.
D. Exceptions. Owner-occupied and Small Dwellings. Nothing in this
chapter shall be construed to apply to the rental or leasing of any housing
unit in a structure which contains less than two dwelling units and is not
part of a larger apartment or housing complex owned by the same owner, or to
any housing unit in which it is necessary for the owner or lessor, or the
mother, father, son, daughter, brother, sister, grandfather, grandmother,
grandson or granddaughter of such owner or lessor, to use either a bathroom or
kitchen facility in common with the prospective tenant
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11.88.050 Unlawful Business Practices. A. In General . It is an unlawful
business practice for any person to deny any other person the full and equal
enjoyment of the goods, services, facilities, privileges, advantages and
accomodations of any business establishment on the basis on any unlawful
discriminatory practice.
B. Credit. It is an unlawful business practice for any person to deny
credit to any person on the basis of any unlawful discriminatory practice, or
to make credit available to any person on different terms for such transaction
or to require different terms for such transaction than normally required, if
such different terms are based upon any unlawful discriminatory practice.
11.88.060 Unlawful Service Practices. A. City Facilities. It is an
unlawful service practice for any person to deny any person the full and equal
enjoyment of, or to place different terms and conditions on the availability
of the use of, any City facility on the basis of any unlawful discriminatory
practice.
B. City Services. It is an unlawful service pactice for any person to deny
any person the full and equal enjoyment of, or to impose different terms or
conditions on the availability of, any city service on the basis of any
unlawful discriminatory practice.
C. City-Supported Facilities and Services. It is an unlawful service
practice for any person to deny any person the full and equal enjoyment of, or
to impose different terms and conditions upon the availability of, any
service, program or facility wholly or partially funded or otherwise supported
by the City of Cathedral City on the basis of any unlawful discriminatory
practice.
11 .88.070 Unlawful Educational Practices. A. Admission. It is an unlawful
educational practice for any person to deny any person admission, or to impose
different terms or conditions on admission, to any educational institution or
class or program thereof, on the basis of any unlawful discriminatory
practice.
B. Services. It is an unlawful educational practice for any person to deny
any person the full and equal enjoyment of, or to impose different terms or
conditions upon the availability of, any service or program offered by an
educational institution on the basis of any unlawful discriminatory practice.
C. Facilities. It is an unlawful educational practice for any person to
deny any person the full and equal enjoyment of, or to impose different terms
or conditions upon the availability or use of, any facility owned or operated
by an educational institution, on the basis of any unlawful discriminatory
practice.
11.88.080 Advertising. It is an unlawful employment, real estate,
business, service or educational practice for any person to make, print,
publish, advertise, or disseminate in any way any notice, statement or
advertisement with respect to any employment activity, any real estate
activity, any business activity, any service activity, or any educational
activity which indicates that the involved activity engages in, or intends to
engage in, any unlawful discriminatory practice. Any person involved in
preparing or placing or seeking to place such advertising shall be responsible
for violation hereof as though he or she directly made, printed, published,
advertised or disseminated such information.
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11.88.090 Subterfuge. It is an unlawful discriminatory practice for any
person to do any of the acts constituting an unlawful practice, as specified
in this chapter, for any reason which would not have been asserted but for the
sex, race, color, religion, ancestry, national origin, physical handicap or
sexual orientation of any other person.
L 11.88.100 Bona Fide Qualification. Nothing contained in this chapter shall
be deemed to prohibit selection or rejection based solely upon a bona fide
occupational qualification, a bona fide physical requirement, or, as to a
religious or denominational institution, based upon a preference to applicants
of the same religion or denomination. In any complaint made or action
instituted under Section 11.88.110, if a party asserts that an otherwise
unlawful practice is justified as a bona fide religious or denominational
preference, that party shall have the burden of proving:
1. That the discrimination is in fact a necessary result of such a
bona fide condition; and
2. That there exists no less discriminatory means of satisfying the
bona fide requirement.
11.88.110 Enforcement. A. Civil Action. Any aggrieved person may enforce
the provisions of this chapter by means of a civil action.
B. Injunction. Any person who commits, or proposes to commit, an act in
violation of this chapter may be enjoined therefrom by any court of competent
jurisdiction. An action for injuction under this chapter may be brought by any
aggrieved person, by the City Attorney, or by any person or entity which will
fairly and adequately represent the interests of the protected class; provided
however, that the City Attorney shall not institute such action without the
prior approval of the City Council . The City Attorney shall attempt to resolve
any alleged violation upon complaint, prior to seeking authority from the City
Council to institute court action.
C. Criminal Action. Notwithstanding any provisions of this code to the
contrary, no criminal penalties shall attach to any violation of the
provisions of this chapter, nor shall violations of this chapter constitute
infractions.
D. Prior Determination Required. Prior to the institution of any action
based upon this chapter by the City Attorney, the City Attorney shall first
make a formal determination that action to prohibit such unlawful practices
cannot be maintained, or will not be maintained, by the Department of Fair
Employment and Housing of the State of California, as to the complaint then
under consideration. If the Department of Fair Employment and Housing agrees
to investigate and process a complaint relating to the same matter, the City
Attorney shall defer action until the Department of Fair Employment and
Housing has completed its investigation and action under state law, or until
that department issues a "right to sue" letter to a complainant concerning the
same matter.
11.88.120 Limitation On Action. Actions under this chapter must be filed
within one year of the alleged discriminatory acts.
11.88.130 Severability. If any part or provision of this chapter or the
application thereof to any person or circumstance is held invalid, then the
remainder of the chapter, including the application of such part or provision
to other persons or other circumstances, shall not be affected thereby and
shall continue in full force and effect. If any part or provision of this
chapter or the application thereof to any person or circumstance is held to
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becovered by state law, but some part hereof is not so covered by state law,
as, for example, the inclusion of sexual orientation as a protected class,
then the part hereof not covered by state law shall not be affected by such
holding and shall continue in full force and effect. To this end, provisions
of this chapter, in whole and in part, including individual words, phrases and
parts and portions of sentences, are severable.
SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 3. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the 3 public
places designated by resolution of the City Council ; shall certify to the
adoption and posting of this ordinance; and shall cause this ordinance and its
certification, together with proof of posting, to be entered in the book of
ordinances of this City.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on July 1 , 1987 by the following vote:
Ayes: Councilmembers Di Grandi, Hillery, Krings , Murphy and
Mayor Paquette
Noes: None
Absent: None
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ATTEST
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APPROVED AS TO FORM: AP7RoVEI AS J90 CONTE T:
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CITY ATTORNEY / __ ' 'M∎TA�R
I HEREBY TIFY TIIAT 114* }-W f!NG ORDINANCE
No. .. AS DULY :SDUI'fED BY THE CITY COUNCIL
01 :Aft: ;;f CATHEDRAL CITY, CALIFORNIA, IN A
ME£fili+iG "1HCitEOf HELD ON THE _ IS# DAY OF �-�
1981, AND THAT SAME WAS POSTED IN AT LEAST THE THREE
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
CITY COUNCIL
ILO- ad.i
iCI LERK
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