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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)
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