A. No person shall discriminate against another person in private employment, housing, education or commerce, because of that person’s actual or perceived race, color, ethnicity, creed, age, national origin, religion, citizenship status, gender, gender identity or expression, sexual orientation, disability, medical condition, genetic information, marital status, partnership status, employment status, source of income, military status, veteran status, or primary language. (Amended by Ord. No. 187,032, Eff. 6/14/21.)
B. For purposes of this section, a violation by an agent or employee is imputed to that person’s principal or employer when the agent or employee acts within the scope of the agency or employment relationship.
C. Exceptions.
a. Nothing in this section shall be construed to require anyone to refer for employment, hire or continue to employ an individual when such action would be in violation of federal law.
b. Nothing in this section shall be construed to prohibit any person from complying with any legal obligation under federal or state law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.
c. Nothing in this section shall be construed to prohibit a person from:
i. Prohibiting the illegal use of drugs or the use of alcohol at the workplace;
ii. Prohibiting on duty impairment from the use of drugs or the use of alcohol; or
iii. Conducting employee drug testing, when such testing is otherwise lawful.
d. Nothing in this section shall be construed to prohibit an employer, employment agency, or agent thereof, when making employment decisions with regard to hiring, compensation, or the terms, conditions or privileges of employment, from considering any substantial job-related qualifications, including but not limited to: 1) a current and valid professional or occupational license; 2) a certificate, registration, permit, or other credential; 3) a minimum level of education or training; or 4) a minimum level of professional, occupational, or field experience.
D. Defenses.
a. It shall be an affirmative defense that the Complainant could not, with reasonable accommodation, satisfy the essential requisites of the job or enjoy the right or rights in question.