CHAPTER 8
ILLEGAL DISCRIMINATION

SECTION:

1-8-1:   Intent And Purpose

1-8-2:   Definitions

1-8-3:   Employment Discrimination Prohibited

1-8-4:   Discrimination In Public Accommodations Prohibited

1-8-5:   Housing Discrimination Prohibited

1-8-6:   Retaliation Prohibited

1-8-7:   Violation; Civil Remedy; Exhaustion Of Human Rights Bureau Remedy

1-8-8:   Severability

1-8-1: INTENT AND PURPOSE:

State and/or federal law prohibits the denial of civil rights or discrimination on the basis of age, race, color, national origin, ancestry, religion, creed, sex, pregnancy, marital status, familial status (solely for housing), and physical or mental disability. In addition to these protections, it is the intent of the city of Helena that no person shall be denied his or her civil rights or be discriminated against based upon his or her sexual orientation or gender identity or expression.

The city commission declares that such discrimination prohibitions are necessary and desirable because existing state and federal laws regarding discrimination do not expressly or clearly address all discriminatory acts reported by the city's diverse residents. Therefore, the city deems it necessary to adopt local regulations adapted to the needs of its citizens. Nothing in this chapter is intended, however, to conflict with such state and federal laws, or to alter or abridge other rights, protections, or privileges secured by state or federal law, including state and federal constitutional protections of freedom of speech and exercise of religion. (Ord. 3162, 12-17-2012)

1-8-2: DEFINITIONS:

As used in this chapter, unless the context requires otherwise, the following definitions apply:

   DISCRIMINATION: "Discrimination", "discriminate" or "discriminatory" means any act, policy, or practice that has the effect of unfavorably subjecting any person to different or separate treatment on the basis of their sexual orientation or gender identity or expression, or because of their association with a person or group of people so identified. "Discrimination", "discriminate" or "discriminatory" also means any act, policy, or practice that has the effect of unfavorably subjecting any person to different or separate treatment on the belief that a person has a particular sexual orientation or gender identity or expression, even if that belief is incorrect.

   EMPLOYEE: An individual employed by an employer.

   EMPLOYER: An employer of one or more persons or an agent of the employer, but not including a fraternal, charitable, or religious association or corporation unless the association or corporation is organized either for private profit or to provide accommodations or services that are available on a nonmembership basis.

   EMPLOYMENT AGENCY: A person undertaking to procure employees or opportunities to work.

   GENDER IDENTITY OR EXPRESSION: A gender related identity, expression, or behavior, regardless of the individual's sex at birth.

   HOUSING ACCOMMODATION: A building or portion of a building, whether constructed or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters of its occupants.

   LABOR ORGANIZATION: An organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees.

   PERSON: One or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations.

   PUBLIC ACCOMMODATION: A place that caters or offers its services, goods, or facilities to the general public, subject only to the conditions and limitations established by law and applicable to all persons. It includes, without limitation, a public inn, restaurant, eating house, hotel, roadhouse, place where food or alcoholic beverages or malt liquors are sold for consumption, motel, soda fountain, soft drink parlor, tavern, nightclub, trailer park, resort, campground, barbering, cosmetology, electrology, aesthetics, or manicuring salon or shop, bathroom, rest house, theater, swimming pool, skating rink, golf course, cafe, ice cream parlor, transportation company, hospital, and all other public amusement and business establishments.

Public accommodation does not include an institution, club, or place of accommodation that proves that it is, by its nature, distinctly private. An institution, club, or place of accommodation may not be considered by its nature distinctly private if it has more than one hundred (100) members, provides regular meal service, and regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages, directly or indirectly, from or on behalf of nonmembers, for the furtherance of trade or business. For the purposes of this definition, any lodge of a recognized national fraternal organization is considered by its nature distinctly private.

   SEXUAL ORIENTATION: Heterosexuality, bisexuality, or homosexuality. (Ord. 3162, 12-17-2012)

1-8-3: EMPLOYMENT DISCRIMINATION PROHIBITED:

   A.   No employer shall discriminate in the employment, failure to hire, refusal to hire, compensation, work classification, terms, conditions, or privileges of employment, including promotion, demotion, or termination of employment.

   B.   No employer shall fail or refuse to refer for employment, or give negative information to a potential employer of an individual, in such a manner that would deprive or limit an individual's employment opportunities or that would otherwise adversely affect an individual's status as an applicant or prospective employee, for a discriminatory reason.

   C.   No labor organization shall discriminate in limiting membership, conditions of membership, or termination of membership of any person in any labor union or apprenticeship program.

   D.   No employment agency shall discriminate in the procurement or recruitment of any person for possible employment with an employer. (Ord. 3162, 12-17-2012)

1-8-4: DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED:

It shall be unlawful for a place of public accommodation to deny, directly or indirectly, any person full and equal access or enjoyment of the goods, services, activities, facilities, privileges, advantages, and accommodations for a discriminatory reason. (Ord. 3224, 1-9-2017)

1-8-5: HOUSING DISCRIMINATION PROHIBITED:

It is unlawful for any person, owner, manager, employee, or any entity whose business includes engaging in any residential real estate related transactions to discriminate in the sale, lease or rental of any housing facility, or to otherwise discriminate in the terms, conditions, maintenance, improvement, or repair of any housing facility. The rental of sleeping rooms in a private residence designed as a single dwelling unit in which the owner also resides is excluded from this section provided that the owner rents no more than three (3) sleeping rooms within the residence. (Ord. 3162, 12-17-2012)

1-8-6: RETALIATION PROHIBITED:

No person shall coerce, threaten, discharge, expel, blacklist, or otherwise retaliate against another person for opposing any practices prohibited by this chapter, making a complaint, or assisting in an investigation or proceeding regarding an alleged violation of this chapter; nor shall any person require, request, conspire with, assist, or coerce another person to retaliate against a person for making a complaint or assisting in an investigation or proceeding. (Ord. 3162, 12-17-2012)