Loading...
(Added by Ord. No. 186,084, Eff. 6/9/19, Oper. 1/1/20.)
Section
51.00 Title and Purpose.
51.01 Authority.
51.02 Definitions.
51.03 Discrimination Prohibited.
51.04 Retaliation Prohibited.
51.05 Enforcement.
51.06 Individual Remedies for Violations.
51.07 Penalties and Corrective Actions for Violations.
51.08 Administrative Hearing.
51.09 Administrative Appeal.
51.10 Other Remedies Not Affected.
51.11 Administrative Procedures.
51.12 Reports.
51.13 Private Purpose.
51.14 No Conflict with State Law.
51.15 No Conflict with Federal Law.
51.16 Operative Date.
This article shall be known as the “Los Angeles Civil and Human Rights Ordinance.” The City of Los Angeles has benefited, and will continue to benefit, from the economic, cultural and educational contributions of a wide range of groups and communities who are all too often targets of abuse and discrimination.
The City of Los Angeles has a duty to protect and promote public welfare within its boundaries and to protect residents and visitors against discrimination, threats and retaliation based on a real or perceived status. Such discriminatory and prejudicial practices pose a substantial threat to the health, safety and welfare of our community. This ordinance tasks the Commission on Civil Rights and the Civil, Human Rights and Equity Department to investigate complaints of discrimination and enforce against violators. By holding businesses and individuals accountable for discriminatory behavior, the City will make clear that discrimination will not be tolerated. (Amended by Ord. No. 187,032, Eff. 6/14/21.)
The importance of discouraging discrimination that denies equal treatment to any individual in private employment, housing, education or commerce is one of the highest mandates for the welfare of those living in, working in and visiting the City.
This article is adopted pursuant to the powers vested in the City of Los Angeles under the laws and Constitution of the State of California and the City Charter, including, but not limited to, the police powers vested in the City pursuant to Article XI, Section 7 of the California Constitution.
(Amended by Ord. No. 187,032, Eff. 6/14/21.)
As used in this article, the following terms shall have the following meanings:
“Appellant” means a person who files an administrative appeal under this article.
“Appellee” means a person against whom an administrative appeal is filed under this article.
“City” means the City of Los Angeles.
“Commission” means the Commission on Civil Rights.
“Compensatory Penalty” means a monetary penalty imposed as penalty for discrimination in violation of this article resulting in injury to the Complainant. The term injury shall be liberally construed in favor of a Complainant.
“Complainant” means a person who files a complaint with the General Manager alleging that the person’s right granted or protected by this article has been violated by another person.
“General Manager” means the General Manager of the Civil, Human Rights, and Equity Department.
“Hearing Officer” means an independent decision-maker designated by the Commission, including, but not limited to, pro tem judges provided by the Los Angeles Superior Court, administrative law judges from the State of California’s Office of Administrative Hearings, and individuals trained in dispute resolution with a minimum of 25 hours of classroom and practical training and experience performing duties related to mediation and conflict resolution in accordance with the requirements of the California Dispute Resolution Programs Act of 1986 (16 CCR § 1622), who shall be subject to disqualification for bias, prejudice, conflict, or any other reason for which a judicial hearing officer may be disqualified.
“Respondent” means a person against whom a complaint is filed under this article.
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.
No person shall discriminate in any manner or retaliate against any person for exercising rights protected under this article. Rights protected under this article include, but are not limited to: 1) the right to inform any person of the person’s potential rights under this article and to assist the person in asserting such rights; and 2) the right to file a complaint or inform any person about any other person’s alleged noncompliance with this article. This section shall apply to retaliation against any Complainant who mistakenly, but in good faith, alleges a violation by a Respondent. Taking adverse action against a person within 90 calendar days of that person’s exercise of rights protected under this article shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.
(Amended by Ord. No. 187,032, Eff. 6/14/21.)
A. Reporting Violations. Any person whose rights, granted or protected by this article, have been violated, even if that person’s only injury is the deprivation of that right granted or protected without physical or monetary damages, may report a complaint to the General Manager. The General Manager shall encourage reporting pursuant to this article by keeping confidential, to the extent permitted by law, the name and other identifying information of the Complainant. With the authorization of the Complainant, the General Manager may disclose the Complainant’s name and identifying information as necessary to conduct investigations under this article or for other appropriate purposes. The General Manager shall disclose the name and identifying information of the Complainant at the time the General Manager issues a notice of violation to the Respondent.
B. Investigation. The General Manager shall be responsible for investigating violations of this article. A Respondent shall cooperate fully in any investigation by the General Manager. The General Manager shall have access to the Respondent’s business sites, housing locations, and places of labor subject to this ordinance during business hours to inspect books and records, and to interview any relevant witnesses. Respondents shall provide the General Manager with their legal name, address, and telephone number in writing. The General Manager may request the Commission to subpoena witnesses, compel their attendance and testimony, and require by subpoena the production of any books, papers, records or other items relevant to inquiries, investigations, and enforcement actions under this article.
C. Settlement. The General Manager shall have the authority, at any time, to enter into a settlement agreement with a Respondent. The General Manager shall present any settlement agreement to the Commission for approval, which shall have the authority only to approve or disapprove the agreement. A settlement disapproved by the Commission shall be remanded to the General Manager, who shall resume enforcement authority over the matter, including the authority to present a new settlement to the Commission.
D. Determination. Whenever the General Manager finds that a violation of Section 51.03 or Section 51.04 has occurred, the General Manager shall publicly issue a notice of violation, which shall, in addition to describing the violation, impose administrative penalties, Compensatory Penalties, if any, and corrective actions, if any, consistent with Section 51.07. The General Manager shall serve the notice of violation, by First Class mail, on the respective Complainant and Respondent. The date of service shall be the date of the postmark on the mailing.
A. Civil Enforcement. A Complainant may bring a civil action in a court of competent jurisdiction against any person violating this article and shall be entitled to such legal or equitable relief as may be appropriate, including, without limitation, damages, restitution, injunctive relief, and reasonable attorneys’ fees and costs. Nothing in this section shall preclude, or otherwise limit a civil action by the City, or a separate or criminal prosecution under the Municipal Code or state law. Jeopardy shall not attach as a result of any administrative or civil enforcement action taken pursuant to this article. The right of a Complainant to bring a civil action under this section shall not be waived by private agreement.
Loading...