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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGE. Any persons between the ages of 40 and 65.
BONA FIDE OCCUPATIONAL QUALIFICATION. A valid consideration of race, color, sex, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income which is a requirement for employment and has been certified as such by the Commission or by the commonwealth’s Commission Against Discrimination under M.G.L. Chapter 151B.
BONDING TRANSACTION. The furnishing of a performance, fiduciary or other form of bond to any person.
COMMISSION. The Human Rights Commission.
CREDIT TRANSACTION. The open or closed end grant, extension, denial or termination of credit to any individual.
DISABILITY. A condition which causes a physical or mental impairment which limits, or is regarded as limiting one or more major life activity.
EDUCATIONAL FACILITY. Any person, whether organized for profit or not-for-profit, that holds itself out to the public as providing instruction or training in the arts, sciences, trade or any other area of learning.
EMPLOYEE. Any individual who is engaged to work for or under the direction or control of another for monetary or other valuable consideration, but shall not include any individual employed by his or her parents, spouse or children.
EMPLOYER. Any individual, partnership, association, corporation, trustees, public charity, foundation, political subdivision, Board, Department, Commission, Agency or any other person which engages and controls the services of an individual in the city in exchange for monetary or other valuable consideration, except that it shall not include any employer with six or less persons in its employ, exclusive of parents, spouse or children, nor does it include a club exclusively social, or a fraternal association or religious organization, incorporated or unincorporated, if such fraternal association or religious organization is not incorporated for profit and if the primary function thereof is religious or fraternal.
EMPLOYMENT AGENCY. Any person undertaking to procure employees or opportunities to work for potential employees.
EX-OFFENDER STATUS.
(1) The condition of having been arrested, detained or accused of any violation of law which no conviction resulted;
(2) A final conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray or disturbing the peace; or
(3) Any conviction of a misdemeanor where the date of such conviction or completion of any period of incarceration resulting therefrom, whichever date is later, occurred five or more years prior to the date of the exercise of any right or privilege under this Section, unless such person has been convicted of any offense within five years immediately preceding the exercise of any right or privilege under this Section.
EXECUTIVE DIRECTOR. The Executive Director of the Boston Human Rights Commission as established by this Section.
GENDER IDENTITY OR EXPRESSION. A person’s actual or perceived gender, as well as a person’s gender identity, gender-related self-image, gender-related appearance or gender-related expression whether or not that gender identity, gender-related self-image, gender-related appearance or gender-related expression is different from that traditionally associated with a person’s sex at birth.
INSURANCE TRANSACTIONS. The sale, grant or other provision of insurance to any person.
LABOR ORGANIZATION. Any organization which exists and is constituted for the purpose, in whole or part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employment.
MARITAL STATUS. The actual condition of being or having been married, separated or divorced or the condition of being single.
MILITARY STATUS. The condition of being, or having been in the services of the military.
PARENTAL STATUS. The condition of having minor or disabled children.
PERSON. One or more individuals, partnerships, associations, corporations, agencies, legal representatives, trustees, trustees in bankruptcy and receivers, the city and all political subdivisions, Boards and Commissions; provided, however, PERSON shall not be applied to an individual acting in a purely private transaction.
PRIOR PSYCHIATRIC TREATMENT. An actual or supposed mental impairment of a person caused by illness, injury, birth, professional treatment or hospitalization.
PUBLIC ACCOMMODATION AND SERVICE. Any place, business, facility or other establishment of whatever kind, or Agency, whether owned privately or by a public Agency which caters or offers services, facilities or goods to or is intended for the use or convenience of the general public whether for a charge or fee or not. Nothing contained herein shall be construed to include or apply to any place, business, facility or other establishment which is by its nature distinctly private, except that when such establishment caters or offers services to the general public, it shall be deemed a PUBLIC ACCOMMODATION during such period.
RESPONDENT. A person against whom a complaint has been filed pursuant to this Section.
SEXUAL ORIENTATION. Actual or supposed homosexuality, heterosexuality or bisexuality by orientation or practice, including, but not limited to, an orientation or practice, including, but not limited to, an orientation that may be presumed on the basis of mannerisms, physical characteristics, manner of dress or deportment.
SOURCE OF INCOME. The manner or means by which an individual supports himself or herself, and his or her dependents, except that in this Section it shall not include any criminal activity from which a source of income is derived.
(Ord. 1984 c. 16, c. 17, c. 40; CBC 1985 12-9.2; Ord. 2002 c. 9)
(A) It shall be an unlawful practice and thereby deemed a violation of this Section for a person directly or indirectly to refuse to hire, employ, classify or upgrade; to bar or to discharge from employment; or otherwise discriminate against any person in the terms, conditions or privileges of employment, including compensation, because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income of such individual, unless based upon a bona fide occupational qualification. A person who asserts that a discriminatory employment practice is justified because of a bona fide occupational qualification which has not been certified as such by the Commission or by the commonwealth’s Commission Against Discrimination under M.G.L. Chapter 151B shall have the burden of showing that the discrimination is in fact a necessary result of a bona fide occupational qualification and that there exists no less discriminatory means of satisfying the occupational qualification.
(B) It shall further be an unlawful practice and thereby deemed a violation of this Section for any employment agency, directly or indirectly, to fail or refuse to classify properly or refer for employment or otherwise discriminate against any person because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income of such person. An employment agency that specializes in the recruitment and placement of elderly or disabled employees shall be exempt from the operation of this Section with respect to such specialized services for the elderly or disabled; provided that such specialized services not discriminate among the elderly or disabled on the basis of other discriminatory criteria.
(C) Nothing herein shall be construed to bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organization, and which limits membership, enrollment, admission or participation to members of that religion, from giving preference in hiring or employment to members of the same religion, or employment limited to the elderly or disabled; provided that such employment shall not discriminate among the elderly or disabled on the basis of other discriminatory criteria.
(Ord. 1984 c. 16; CBC 1985 12-9.3; Ord. 2002 c. 9)
It shall be an unlawful practice and thereby deemed a violation of this Section for a labor organization, directly or indirectly, to refuse to admit to membership, apprenticeship, training or classification or to discriminate otherwise against any individual, absent a bona fide occupational reason or other reasonable cause, because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income of such individuals.
(Ord. 1984 c. 16; CBC 1985 12-9.4; Ord. 2002 c. 9)
(A) It shall be an unlawful practice and thereby deemed a violation of this Section for any bank, financial institution or other credit granting or approving institution or person, including any retail store that sells goods or services on credit, directly or indirectly, to discriminate in the granting, reporting, approval or extension of any form of loan or credit to any person because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status or source of income of such person. It shall not be an unlawful discriminatory practice under this Subsection to establish or review the creditworthiness of any person by seeking information relevant to such creditworthiness such as amount and source of income, age, employment history, credit references and the number and age of dependents.
(B) Further, it shall be an unlawful practice and thereby deemed a violation of this Section for any bonding institution or person engaged in the service of providing financial and performance bonds to refuse to bond any person or discriminate in the terms of bonding any persons because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, prior psychiatric treatment, military status or source of income of such individual.
(C) Further, it shall be an unlawful practice and thereby deemed a violation of this Section for any insurance company to refuse to insure any person or discriminate in the terms of insuring any individual because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, prior psychiatric treatment, military status, ex-offender status or source of income of such person, unless based on a bona fide actuarially determined insurance factor relative to the age or health of the person which affects the risk for which such insurance is being sought.
(Ord. 1984 c. 16; CBC 1985 12-9.5; Ord. 2002 c. 9)
(A) It shall be unlawful practice and thereby deemed a violation of this Section for any educational facility, directly or indirectly, to fail or refuse to admit, or to curtail or terminate admission to, or to discriminate in the terms or conditions of educational services, opportunities and curriculum offered to any person, absent a showing of reasonable cause as to why such discrimination may be warranted because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, prior psychiatric treatment, military status, parental status, ex-offender status or source of income of such person.
(B) The following practices shall be exempt from the operation of this Section: the selection of students by a religious educational facility that is limited exclusively or gives preference to members of such religion; the establishment or maintenance by an educational facility of a school or program limited to the members of only one sex or otherwise segregated by sex, consistent however, with federal and commonwealth statutes, the establishment by an education facility of minimum or maximum age requirements for any educational program; and the establishment by an educational facility of special programs designed to assist or provide special training for the disabled, the elderly, individuals who do not speak English or the economically impoverished.
(Ord. 1984 c. 16; CBC 1985 12-9.6; Ord. 2002 c. 9)
It shall be an unlawful practice and thereby deemed a violation of this Section for any person that owns, leases, rents, operates, manages or in any manner controls a public accommodation, directly or indirectly, or who provides a public service, to withhold, deny, curtail or in any manner limit or discriminate with respect to the full use of such public accommodation or service because of the race, color, sex, gender identity or expression, age, religious creed, disability, national origin or ancestry, sexual orientation, marital status, parental status, prior psychiatric treatment, military status, ex-offender status or source of income of such individual, unless such public accommodation or service specifically designated for the exclusive use of the elderly or disabled; provided, however, nothing contained herein shall permit the use of restrooms, baths, showers, dressing rooms or other private accommodations which are separated by sex to be used to by the opposite sex, except it shall be an unlawful and discriminatory practice to prevent or prohibit the use of restrooms, baths, showers, dressing rooms or other private accommodations based on the gender identity publicly and exclusively expressed or asserted by the person seeking to use such restrooms, baths, showers, dressing rooms or other private accommodations.
(Ord. 1984 C 16, c. 30; CBC 1985 12-9.7 Ord. 2002 c. 9)
(A) It shall be an unlawful practice and thereby deemed a violation of this Section for any person to discriminate against any individual because he or she opposed any practice made unlawful by this Section, or testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Section.
(B) It shall be an unlawful practice and thereby deemed a violation of this Section for any person to aid or abet another in the violation of any provision of this Section.
(C) It shall be an unlawful practice and thereby deemed a violation of this Section to cause or attempt to cause any person to discriminate against an individual in violation of this Section.
(Ord. 1984 c. 16; CBC 1985 12-9.8)
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