CHAPTER 209
Anti-Discrimination
209.01   Intent, purpose and construction.
209.02   Definitions.
209.03   Discriminatory housing practices.
209.04   Discriminatory public accommodation practices.
209.05   Discriminatory employment practices.
209.06   Other prohibited practices.
209.07   Nondiscrimination by City contractors.
209.08   Discriminatory effects.
209.09   Exceptions.
209.10   Information and investigation.
209.11   Conciliation agreements.
209.12   Injunctions.
209.13   Prosecution.
209.99   Penalty.
   CROSS REFERENCE
   Residential rental properties, see B. & H. Ch. 1460
209.01 INTENT, PURPOSE AND CONSTRUCTION.
   As used in this chapter:
   (a)   It is the intent of the City that no person be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his or her civil rights or be discriminated against because of his or her actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity.
   (b)   The prohibitions against discrimination as provided for in this chapter shall not be deemed preempted by Federal or State law, but are intended to supplement State and Federal civil rights law prohibiting discrimination in the areas of employment, public accommodations, and housing. Provided, however, this chapter shall be construed and applied in a manner consistent with First Amendment jurisprudence regarding the freedom of speech and exercise of religion.
   (c)   Nothing in this chapter shall require preferential treatment of any person or group on the basis of sexual orientation or gender identity.
(Ord. 901. Passed 6-27-16.)
209.02 DEFINITIONS.
   As used in this chapter, the following words and phases have the following meanings:
   (a)   "Affected person" means a person who has filed a complaint pursuant to below Section 209.10(a) and who the City Manager, or his or her designee, has entered into a Conciliation Agreement pursuant to below Section 209.11 as a result of the affected person's complaint.
   (b)   "Age" means chronological age.
   (c)   "City Manager" means the City Manager of the City of Howell.
   (d)   "Contractor" means a person who by contract furnishes services, materials or supplies. "Contractor" does not include persons who are merely creditors or debtors of the City.
   (e)   "Discriminate" means to make a decision, offer to make a decision or refrain from making a decision based in whole or in part on the actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity of another person.
      (1)   Discrimination based on sex includes sexual harassment, which means unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
         (A)   Submission to such conduct or communication is made a term or condition, either explicitly or implicitly, to obtain employment, public accommodations, or housing.
         (B)   Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual's employment, public accommodations or housing.
         (C)   Such conduct or communication has the purpose or effect of substantially interfering with individual's employment, public accommodations or housing, or creating an intimidating hostile, or offensive employment, public accommodations, or housing environment.
      (2)   Discrimination based on actual or perceived physical or mental limitation includes discrimination because of the use by an individual of adaptive devises or aids.
   (f)   "Employer" means any person employing one or more persons.
   (g)   "Employment agency" means a person who undertakes to procure employees for an employer or procures opportunities for individuals to be employed by an employer.
   (h)   "Family status" means the state of being in a family.
   (i)   "Family" includes either of the following:
      (1)   An individual who is pregnant; or
      (2)   Two or more individuals related by blood within three degrees of consanguinity, marriage, adoption, in a foster care relationship or legal custody relationship.
   (j)   "Gender identity" means a person's actual or perceived gender, including a person's self-image, appearance, expression, or behavior, whether or not that self-image, appearance, expression, or behavior is different from that traditionally associated with the person's biological sex as assigned at birth as being either female or male.
   (k)   "Housing facility" means any dwelling unit or facility used or intended or designed to be used as the home, domicile or residence of one or more persons, including, but not limited to, a house, apartment, rooming house, housing cooperative, hotel, motel, tourist home, retirement home or nursing home.
   (l)   "Labor organization" means an organization of any kind or structure in which employees participate or are members and which exist for the purpose, in whole or part, of dealing with employers concerning the terms and conditions of employment of its participants or members, whether or not such organization is subordinate to or affiliated with a national or international labor organization.
   (m)   "Marital status" means the state of being married, never married, divorced, or widowed.
   (n)   "Perceived" refers to the perception of the person who acts, and not to the perception of the person for or against whom the action is taken.
   (o)   "Person" includes an individual, association, partnership, agency, organization, or corporation, public or private, including all employees thereof as well as any natural person. The term, when applied to partnerships, associations, and corporations, includes members and officers.
   (p)   "Physical or mental disability" means a determinable physical or mental characteristic resulting from disease, injury, congenital condition of birth, or functional disorder and is unrelated to one's ability to safely perform the work involved in jobs or positions available to such person for hire or promotion; or unrelated to one's ability to acquire, rent and maintain property; or unrelated to one's ability to utilize and benefit from the goods, services, activities, privileges and accommodations of a place of public accommodation. "Physical or mental disability" does not include any condition caused by the current illegal use of a controlled substance or the use of alcoholic liquor by an individual.
   (q)   "Place of public accommodation" means an educational, governmental, health, entertainment, cultural, recreational, refreshment, transportation, financial institution, business or facility of any kind, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
   (r)   "Religious organization" means an organization, church, group, or body of communicants that is organized not for pecuniary profit that regularly gathers for worship and religious purposed, and includes a religious-based private school that is not organized for pecuniary profit.
   (s)   "Sexual orientation" means male or female homosexuality, heterosexuality or bisexuality, whether by orientation or practice. Sexual orientation does not include the physical or sexual attraction to a minor by an adult.
(Ord. 901. Passed 6-27-16.)
209.03 DISCRIMINATORY HOUSING PRACTICES.
   Except as otherwise provided in this chapter:
   (a)   No person shall discriminate in leasing, selling or otherwise making available any housing facilities.
   (b)   No person shall discriminate in the terms, conditions, maintenance or repair in providing any housing facility.
   (c)   No person shall refuse to lend money for the purchase or repair of any real property or insure any real property solely because of the location in the City of such real property.
   (d)   No person shall promote real estate transactions by representing that changes are occurring or will occur in an area with respect to race, religion or national origin.
   (e)   No person shall place a sign or other display on any real property which indicates that the property is for sale or has been sold when it is not for sale or has not recently been sold.
(Ord. 901. Passed 6-27-16.)
209.04 DISCRIMINATORY PUBLIC ACCOMMODATION PRACTICES.
   (a)   Except as otherwise provided in this chapter, no person shall discriminate in making available full and equal access to all goods, services, activities, privileges, and accommodations of any place of public accommodation.
   (b)   Nothing in this chapter permits or requires access to any place of public accommodation for the purpose or intent of engaging in criminal conduct.
   (c)   Nothing in this chapter shall require the construction or provision of unisex, single-user restrooms, changing rooms, locker rooms or shower facilities.
(Ord. 901. Passed 6-27-16.)
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