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(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)
(A) There shall be in the city a Commission known as the Boston Human Rights Commission, hereinafter referred to as the Commission. The Commission shall be comprised of seven members, to be known as Commissioners, each appointed by the Mayor. The Commissioners shall each serve a term of three years; provided, however, that of the members first appointed to the Commission, three shall be appointed for a term of one year, two shall be appointed for a term of two years and two shall be appointed for a term of three years. Thereafter, the Mayor shall appoint each successor to a term of three years. Any vacancy occurring otherwise than by expiration of term shall be filled by appointment by the Mayor for the unexpired term.
(B) The Mayor shall appoint annually a Commissioner as the Chairperson of the Commission. Four Commissioners shall constitute a quorum for the purposes of conducting the business of the Commission. Four votes shall be required to pass any Commission decision.
(C) The Commissioners shall be subject to the residency and voting requirements appearing in Subsection 5-5.2, notwithstanding the exception contained therein. The Commissioners shall be classified special municipal employees for the purposes of M.G.L. Chapter 268A. The Commissioners shall serve without compensation, but each Commissioner shall be entitled to his or her reasonable expenses actually and necessarily incurred in the performance of his or her duties as Commissioner. These expenditures shall be paid from the budget of the Commission. The Commission staff shall consist of an Executive Director, and such personnel as the Commission, upon recommendation of the Executive Director, may deem expedient subject to appropriation.
(D) The Executive Director shall be appointed by and serve at the pleasure of the Mayor. The Mayor shall determine the rate of compensation for the Executive Director.
(Ord. 1984 c. 16, c. 17; CBC 1985 12-9.9)
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