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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
12-1 DEPARTMENT OF HEALTH AND HOSPITALS AND TRUSTEES OF HEALTH AND HOSPITALS.
12-2 VETERANS SERVICES DEPARTMENT.
12-3 COUNCIL ON AGING.
12-4 COMMISSION FOR PERSONS WITH DISABILITIES.
12-5 COMMISSION ON MENTAL RETARDATION.
12-6 YOUTH ACTIVITIES COMMISSION AND CORPORATION.
12-7 DRUG ABUSE COORDINATING COUNCIL.
12-8 PENAL INSTITUTIONS DEPARTMENT.
12-9 HUMAN RIGHTS.
12-9A PROTECTION OF FAMILIES.
FORM A: STATEMENT OF DOMESTIC PARTNERSHIP
FORM B: STATEMENT OF TERMINATING DOMESTIC PARTNERSHIP.
FORM C: STATEMENT OF ADDITIONAL DEPENDENTS.
12-10 RESERVED.
12-11 NEIGHBORHOOD JOBS TRUST.
12-12 HIRING OF STRIKEBREAKERS OR REPLACEMENT WORKERS.
12-13 PARENTAL SCHOOL LEAVE.
12-14 PROTECTIVE CUSTODY.
12-15 CONCUSSIONS.
12-16 SAFE SHARPS DISPOSAL PROGRAM.
12-17 OFFICE OF POLICE ACCOUNTABILITY AND TRANSPARENCY.
12-18 SPECIAL COMMISSION TO END FAMILY HOMELESSNESS.
12-19 IMMIGRANT ADVANCEMENT FOR PUBLIC HEALTH AND WELFARE.
12-20 OFFICE OF CULTURAL AFFAIRS FOR PUBLIC HEALTH AND WELFARE.
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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12-9.5   Discriminatory Practices Regarding Credit Transactions, Bonding and Insurance.
   (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)
12-9.6   Discriminatory Practices Regarding Education.
   (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)
12-9.7   Discriminatory Practices Regarding Public Accommodations and Services.
   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)
12-9.8   Other Unlawful Practices.
   (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)
12-9.9   Establishment of the Boston Human Rights Commission, Executive Director, Staff.
   (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)
12-9.10   Powers and Duties of Executive Director.
   (A)   The Executive Director shall have the powers of a Department head except for those powers explicitly conveyed to the Commission by this Section and shall be responsible for carrying out the policies and decisions of the Commission.
   (B)   The Executive Director shall have the power and duty to make investigations of discriminatory practices which appear to be in violation of this Section and to file complaints with the Commission based upon findings of fact, and conclusions of law only, where there is a probable cause that a violation of this Section has occurred. The Executive Director shall be required to appear quarterly before the Boston City Council to give a report of the Commission’s activities and to answer questions of the Council. The Executive Director shall have the power to attempt to mediate or conciliate any complaint of alleged discrimination under this Section where there is probable cause for such complaint. The Executive Director shall further file, on conforming forms, all complaints with the commonwealth’s Commission Against Discrimination and the Equal Employment Opportunity Commission where such complaints relate to discrimination under the jurisdiction of the MCAD and/or the EEOC. The Executive Director shall fix the compensation of the Commission staff within the budgetary limits of the Commission after appropriation by the Boston City Council.
(Ord. 1984 c. 16; CBC 1985 12-9.10)
12-9.11   Powers and Duties of the Commission.
   (A)   The Commission shall study the problems of discrimination in the city and shall make such recommendations to the Mayor and the Boston City Council, as in its judgment will effectuate the policy of this Section.
   (B)   The Commission may, on its own behalf, issue a complaint, upon a reasonable belief that a person has engaged in an unlawful discriminatory practice.
   (C)   The Commission shall have the power to conduct hearings, subpoena witnesses, compel their attendance, including, but not limited to, filing contempt proceedings with Superior Court, administer oaths, take the testimony of any person under oath and in connection therewith to require the production for examination of any documents, books, papers or evidence relating to any matter in question or under investigation by the Commission. The Commission may delegate any of its hearing powers to individual Commissioners or members of the Commission staff. Subpoena power shall be exercised by the Chairperson of the Commission, or his or her designee, upon majority vote of the Commission. At any hearing before the Commission, or any Committee thereof, a witness shall have the right to be represented by counsel.
   (D)   The Commission shall have the power to issue publications, results of investigations and research as, in its judgment, will promote good will and minimize or eliminate prejudice, intolerance, bigotry or discrimination and disorder occasioned thereby.
   (E)   The Commission shall, upon the Executive Director’s failure to conciliate a complaint, submit a written report of its findings and recommendations to the Mayor with copies of this report filed with the Boston City Council, the Corporation Counsel, the commonwealth’s Commission Against Discrimination (on matters within its jurisdiction) and to any other governmental Agency or court having jurisdiction.
   (F)   Further, the Commission has the power to adopt rules and regulations which it deems necessary to the function of the Commission; provided, however, that all such rules and regulations shall, for a 30-day period following their adoption by the Commission, be held for review and comment by the Boston City Council in an open public hearing, and may be referred to the Corporation Counsel by a vote of a majority of members of the Boston City Council for a ruling on the appropriateness of such rules or regulations. The Commission may recommend to the Mayor and or the Boston City Council additional legislation to aid in the carrying out of the purposes of this Section.
(Ord. 1984 c. 16, c. 17, c. 18; CBC 1985 12-9.11)
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