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HUMAN RIGHTS
§ 130.100 INTENT.
   It is the intent of the village that no person be denied equal protection of the laws; nor shall any person be denied the enjoyment of his or her civil or political rights or be discriminated against because of actual or perceived race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family status, sexual orientation or gender identity.
(Ord. 6.18, passed 9-26-16)
§ 130.101 DEFINITIONS.
   The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   AGE. Chronological age.
   DISCRIMINATE and DISCRIMINATION. To make a decision, offer to make a decision or refrain from making a decision based in whole or in part on the race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family status, sexual orientation or gender identity of another person, that person's relatives, or that person's associates.
      (1)   Discrimination based on sex includes sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
         (a)   Submission to the conduct or communication is made a term or condition either explicitly or implicitly of obtaining or maintaining employment, public accommodations or housing;
         (b)   Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual's employment, public accommodations or housing; and/or
         (c)   The conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or housing, or creating an intimidating, hostile, or offensive employment, public accommodations or housing environment.
      (2)   Discrimination based upon actual or perceived physical or mental limitation includes discrimination because of the use by an individual of an adaptive device or aid.
   EDUCATIONAL INSTITUTION. A public or private institution, or a separate school or department thereof, including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school. For the purposes of this subchapter, educational institution includes an agent of the institution.
   EMPLOYER. Any person employing one or more persons, and includes an agent of the employer.
   EMPLOYMENT AGENCY. A person regularly undertaking, with or without compensation, to procure, refer, recruit, or place an individual in an employment relationship with an employer.
   FAMILY STATUS. Two or more individuals related by blood within three degrees of consanguinity, marriage, adoption, foster care relationship or other legal custody relationship. For purposes of this definition, FAMILY STATUS shall include an individual who is pregnant.
   GENDER. The actual biological state of being male or female as of birth, or subsequent alteration through surgical procedure, and without regard to any outward physical display or expression of gender identity.
   GENDER IDENTITY. A person's actual or perceived gender, including a person's appearance, expression, identity or behavior as being either male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person's sex at birth as being either female or male.
   HOUSING ACCOMMODATION. Any improved or unimproved real property or part thereof, dwelling unit or facility used or intended, arranged, or designed to be used or occupied as a home, domicile, or residence of one or more individuals.
   LABOR ORGANIZATION. An organization of any kind, an employee representation committee, group, association, or plan which employees participate in or are members of, and which exists for the purpose, in whole or part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or 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.
   MARITAL STATUS. The state of being married, unmarried, divorced or widowed.
   PERCEIVED. The perception of the person who acts, and not the perception of the person for or against whom the action is taken.
   PHYSICAL OR MENTAL DISABILITY. A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic substantially limits a major life activity of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position, is unrelated to the individual's ability to utilize and benefit from a place of public accommodation, or is unrelated to the individual's ability to acquire, rent, or maintain property. For the purposes of this definition, PHYSICAL OR MENTAL DISABILITY does not include any condition caused by the current illegal use of a controlled substance or the use of intoxicating liquors by an individual.
   PLACE OF PUBLIC ACCOMMODATION. A business, educational, refreshment, entertainment, recreational, health, or transportation facility, organization or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
   PRIVATE CLUB. An establishment that is not open to the public. A private club is one whose members' association with each other and the club is sufficiently intimate, small and exclusive that it is not open to the public.
   SEXUAL ORIENTATION. Male or female homosexuality, heterosexuality or bisexuality, whether by orientation or practice.
   SOURCE OF INCOME. Any legal source from which a person obtains money.
   VILLAGE MANAGER. The Manager of the Village of Lake Orion or his or her designee.
(Ord. 6.18, passed 9-26-16)
§ 130.102 DISCRIMINATORY HOUSING PRACTICES.
   Except as otherwise provided in this subchapter:
   (A)   No person shall discriminate in leasing, selling or otherwise making available any housing accommodation;
   (B)   No person shall discriminate in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with any housing accommodation;
   (C)   No person shall discriminate in providing financing for the purchase, repair, or remodeling of any housing accommodations;
   (D)   No person shall discriminate in making referrals, listings or otherwise providing information regarding housing accommodations; and
   (E)   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.
(Ord. 6.18, passed 9-26-16)
§ 130.103 DISCRIMINATORY PUBLIC ACCOMMODATIONS PRACTICES.
   Except as otherwise provided in this subchapter:
   (A)   No person shall discriminate in making available full and equal access to all goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation; and
   (B)   No person shall prohibit a breastfeeding mother from, or segregate a breastfeeding mother within, any public accommodation where she and the child would otherwise be authorized to be.
(Ord. 6.18, passed 9-26-16)
§ 130.104 DISCRIMINATORY EMPLOYMENT PRACTICES.
   Except as otherwise provided in this subchapter:
   (A)   No person shall discriminate in the employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any person;
   (B)   No person shall discriminate in limiting membership, conditions of membership, or termination of membership in any labor organization; and
   (C)   No employment agency shall discriminate in the procurement, referral, recruitment, or placement of an individual in an employment relationship with an employer.
(Ord. 6.18, passed 9-26-16)
§ 130.105 OTHER PROHIBITED PRACTICES.
   Except as otherwise provided in this subchapter:
   (A)   No person shall adopt, enforce or employ any policy or requirement, publish, post, or broadcast any advertisement, sign, solicitation or notice in the village which discriminates or suggests discrimination in providing housing, public accommodations, or employment;
   (B)   No person shall discriminate in the publication or distribution of advertising material, information, or solicitation in the village regarding housing, public accommodations, or employment;
   (C)   No agent, broker, labor union, employment agency, or any other intermediary shall discriminate in making referrals, listings, or providing information with regard to housing, public accommodations, or employment;
   (D)   No person shall coerce, threaten, or retaliate against a person for making a complaint or assisting in any investigation regarding a violation or alleged violation of this subchapter. A person shall not require, request, conspire with, assist, or coerce another person to retaliate against a person for making a complaint or assisting in an investigation; and
   (E)   No person shall conspire with, assist, coerce, or request another person to discriminate in any manner prohibited by this subchapter.
(Ord. 6.18, passed 9-26-16)
§ 130.106 INFORMATION AND INVESTIGATION.
   (A)   Any person claiming a violation of this subchapter shall file a signed, written complaint with the Village Manager setting forth the details, including the names, dates, witnesses, and other factual matters relevant to the claim, within 180 days of the incident forming the basis of the complaint.
   (B)   No person shall provide false information to any authorized village official investigating a complaint regarding a violation of this subchapter.
   (C)   Within 30 days of a written complaint being filed, the Village Manager or his or her designee shall review the complaint and undertake an investigation of any complaint alleging a violation of this subchapter not currently recognized or proscribed by Michigan or federal anti-discrimination statutes, and cause all other complaints to be referred to an appropriate state or federal agency for review.
   (D)   In the course of the investigation, the Village Manager may request a person to produce books, papers, records, or other documents which may be relevant to a violation or alleged violation of this subchapter. If said person does not comply with such request, the Village Attorney may apply to the Oakland County District Court for an order requiring production of the requested materials.
   (E)   After the completion of an investigation, the Village Manager or his or her designee shall provide written notice of the results of the investigation to the person filing the complaint and to the person accused of the violation. If the investigation establishes that a violation of this subchapter occurred, the Village Manager or his or her designee shall, by using informal methods of conference, conciliation and persuasion, endeavor to work with the person filing the complaint and the accused person to correct the violation or prevent a further violation from occurring. During the course of informal negotiations, the village may enter into a conciliation agreement with the person accused of the violation whereby said individual shall agree to methods of terminating discrimination or to reverse the effects of past discrimination. A violation of a conciliation agreement shall be a violation of this subchapter. The Village Attorney may commence a civil action to enforce a conciliation agreement.
   (F)   If, after 90 days, the Village Manager or his or her designee is unable through informal methods to resolve the violation or prevent further violations, the Village Manager or his or her designee shall cause a civil infraction citation to issue to the person accused of the violation and shall refer the matter to the Village Attorney to prosecute the violation as a municipal civil infraction.
(Ord. 6.18, passed 9-26-16)
§ 130.107 EXCEPTIONS.
   Notwithstanding anything contained in this subchapter, the following practices shall not be violations of this subchapter:
   (A)   For a religious organization or institution to restrict any of its housing facilities or accommodations which are operated as a direct part of religious activities to persons of the religion involved or to restrict employment opportunities for officers, religious instructors and clergy to persons of that religion. It is also permissible for a religious organization to restrict employment opportunities, educational facilities, housing facilities, and homeless shelters or dormitories that are operated as a direct part of its religious activities to persons who are members of that religious organization.
   (B)   For the owner of an owner-occupied one-family or two-family dwelling, or a housing facility or public accommodation facility, respectively, devoted entirely to the housing and accommodation of individuals of one gender, to restrict occupancy and use on the basis of gender.
   (C)   To limit occupancy in a housing project or to provide public accommodations or employment privileges or assistance to persons of low income, persons over 55 years of age, or disabled persons.
   (D)   To engage in a bona fide effort to establish an affirmative action program to improve opportunities in employment for minorities and women consistent with applicable state and federal law.
   (E)   To discriminate based on a person's age when such discrimination is required by state, federal or local law.
   (F)   To refuse to enter a contract with an unemancipated minor.
   (G)   To refuse to admit to a place of public accommodation serving alcoholic beverages a person under the legal age for purchasing alcoholic beverages.
   (H)   To refuse to admit persons under 18 years of age to a business providing entertainment or selling literature which the operator of said business deems unsuitable for minors.
   (I)   For an educational institution to limit the use of its facilities to those affiliated with such institution.
   (J)   To provide discounts on products or service to students, minors and senior citizens.
   (K)   To discriminate in any arrangement for the shared ownership, lease, or residency of a dwelling unit in which the person acting is one of the sharing parties.
   (L)   To restrict use of lavatories and locker room facilities on the basis of gender.
   (M)   For a governmental institution to restrict any of its facilities or to restrict employment opportunities based on duly adopted institutional policies that conform to federal and state laws and regulations.
   (N)   To restrict participation in an instructional program, athletic event, or on an athletic team on the basis of age, gender, height, or weight.
   (O)   To restrict membership in a private club that is not open to the public except to the extent that private clubs which permit members to invite guests on the premises are not exempted as it concerns a member's guest.
   (P)   To restrict employment opportunities with respect to members of one's family.
   (Q)   To provide for marital or family status limitations in a health or pension plan if such limitations conform to federal and state laws and regulations.
(Ord. 6.18, passed 9-26-16)
§ 130.108 RIGHTS AND REMEDIES.
   Nothing contained in this subchapter shall be construed to limit in any way the remedies, legal or equitable, which are available to the village or to the person claiming a violation of this subchapter for the prevention or correction of discrimination.
(Ord. 6.18, passed 9-26-16)
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