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GENERAL PROVISIONS
It is the policy of the Metro Government to safeguard all individuals within Jefferson County from discrimination in certain contexts because of race, color, religion, national origin, familial status, age, disability, sex, gender identity, or sexual orientation. Certain practices must be prohibited within the areas of employment, housing, public accommodation, resort or amusement as necessary to protect individuals’s personal dignity and insure freedom from humiliation; to make available to Jefferson County all full productive capacities; to secure Jefferson County against strife and unrest which would menace its democratic institutions; and to preserve the public safety, health and general welfare.
(1994 Jeff. Code, § 92.01) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.01) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE CLOSURES. Complaint closures other than on the merits, such as failure to locate, failure to cooperate and withdrawals.
APPEAL PANEL. A panel of not less than three Commissioners appointed by the Chair of the Human Relations Commission - Enforcement to hear appeals from decisions of the Hearing Officer.
ARREST HISTORY. A record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for a felony, misdemeanor, or other criminal offense.
CANVASSING. Includes door to door solicitation by the use of circular advertisements or any other means where the canvasser or his employer has not been requested by the owner to obtain a listing of any housing accommodation or to confer with the owner regarding a transaction involving a housing accommodation.
COMMISSION. The Louisville/Jefferson County Human Relations Commission as authorized by appointments, resolutions and ordinances of the Mayor and Metro Council.
COMMISSIONER. A member of the Louisville/Jefferson County Human Relations Commission.
CONVICTION HISTORY. Information regarding one or more convictions or unresolved arrests, transmitted orally or in writing or by any other means, and obtained from any source, including but not limited to the individual to whom the information pertains or a background check report, or a record from any jurisdiction that includes information indicating that person has been convicted of a felony or misdemeanor, provided that the conviction is one for which the person has been placed on probation, fined, imprisoned, and/or paroled.
DISABILITY. A physical or mental impairment which substantially limits one or more major life activities, a record of such impairment, or a condition which is regarded as causing such impairment. Current illegal use of drugs or chemicals shall not be considered a disability hereunder. Life activities shall be considered to include, but not necessarily limited to, communication, ambulation, socialization, self- care, education, vocational training, employment, transportation and adapting to housing.
DISCRIMINATION. Any direct or indirect act or practice of exclusion, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under this chapter. DISCRIMINATION also includes the unwanted touching of a person or persons, including the touching of hair.
EMPLOYEE. Any individual employed by an employer, but not including an individual employed by his or her parents, spouse or child, or an individual employed to render services as a nurse, domestic or personal companion in the home of the employer.
EMPLOYER. Any person who has two or more employees in each of four or more calendar weeks in the current or preceding calendar year, and any agent of such person.
EMPLOYMENT AGENCY. Any person regularly undertaking, either with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any agent of such a person.
EXECUTIVE DIRECTOR.
The Executive Director of the Human Relations Commission - Enforcement.
FAMILIAL STATUS. One or more individuals who have not attained the age of 18 years and are being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
FINANCIAL INSTITUTIONS. Any person engaged in the business of lending money or guaranteeing losses.
GENDER IDENTITY. Manifesting an identity not traditionally associated with one’s biological maleness or femaleness.
HEARING OFFICER. The Hearing Officer employed by the Human Relations Commission - Enforcement to hear complaints under applicable anti-discrimination laws.
HOMELESS STATUS. An individual whose life position is without a regular, fixed, permanent place of nighttime residence.
HOUSING ACCOMMODATION.
(1) Any parcel or parcels of real property or lands, or any interest therein, whether contiguous or noncontiguous located in Jefferson County, used for the building of one or more housing or rooming units or for mobile homes or mobile home parks owned by or otherwise subject to the control of one or more persons; or
(2) Any real property, including vacant land intended for sale or lease, or any interest therein, located in Jefferson County; or
(3) Any single-family dwelling or multi- family dwelling, or any portion thereof, including a housing unit or a rooming unit, or any interest therein, located in Jefferson County, which is used or occupied, or intended, arranged, assigned, or designated to be used or occupied, as the home, homesite, residence, or sleeping place of one or more persons.
HOUSING UNIT. A single room, suite of rooms, or apartment, containing cooking and kitchen facilities, occupied or intended for occupancy as living quarters, by a person, a family, or a group of persons living together.
LABOR ORGANIZATION. Any labor organization and an agent of such an organization, including an organization of any kind, an agency or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and a conference, general committee, joint or system board, or joint council so engaged, which is subordinate to a national or international labor organization.
LAWFUL SOURCE OF INCOME. Shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, grants, pension, or any form of state or local public assistance or housing assistance, and any other forms of lawful income, except for federal housing assistance.
NATIONAL ORIGIN. The country where a person was born or, more broadly, the country from which his or her ancestors came. NATIONAL ORIGIN includes natural texture and color of hair, hair styles and protective hair styles, including, but not limited to, braids, locks, twists and coverings, related to a person’s place of birth or ancestry. (Note: This subchapter is designed to prevent discrimination against people based upon ethnic distinctions commonly recognized at the time of discrimination. NATIONAL ORIGIN does not include the concept of United States regionalism.)
OWNER. Includes a lessee, sublessee, co-tenant, assignee, managing agent, or other person having the right of ownership or possession, or the right to sell, rent, or lease any housing accommodation.
PERSON. Includes an individual and any group of one or more natural persons, such as, but not limited to, labor unions, joint apprenticeship committees, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint-stock companies, trusts, legal representatives, trustees in bankruptcy, receivers, or any individuals acting in a financial or representative capacity, either appointed by a court of otherwise, the Metro Government or any of its agencies, and any other legal, governmental or commercial entity as well as a natural person or persons. PERSONS, when applied to any of the foregoing, includes members, representatives, officers and directors.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT. Any place, store or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly or indirectly by government funds; except that a private club is not a place of public accommodation, resort or amusement if its policies are determined by its members and its facilities or services are available only to its members and their bona fide guests; and PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT does not include a rooming or boarding house containing not more than one room for rent or hire and which is within a building occupied by the proprietor as his or her residence.
PRIOR MILITARY SERVICE. The performance of military duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes: active duty, active duty for training, initial active duty for training, inactive duty training, and full-time National Guard duty.
PURCHASER. Includes any occupant, prospective tenant, assignee, prospective assignee, buyer, or any other person seeking the right of ownership or possession, or any agent of any of these.
REAL ESTATE BROKER or REAL ESTATE SALESPERSON. An individual, whether licensed or not, who for a fee, commission, salary, or other valuable consideration or who with the intention or expectation of receiving or collecting consideration, lists, sells, purchases, exchanges, rents, or leases any housing accommodation, including options thereupon, or who negotiates rents or leases any housing accommodation, including options thereupon, or who negotiates or attempts to negotiate such activities; or who advertises or holds oneself out as engaged in such activities; or who negotiates or attempts to negotiate a loan secured by a mortgage or other encumbrance on transfer of any housing accommodation or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby a person undertakes to promote the sale, purchase, exchange, rental, or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
REAL PROPERTY. Includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and herediments, corporeal and incorporeal.
ROOMING UNIT. Any room or group of
rooms forming a single, habitable unit used for living or sleeping, but which does not contain cooking and kitchen facilities.
SEXUAL ORIENTATION. An individual’s actual or imputed heterosexuality, homosexuality or bisexuality.
(1994 Jeff. Code, § 92.02) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.02) (Lou. Ord. No. 0088-2001, § 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 129-2003, approved 7-18-2003; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004; Lou. Metro Am. Ord. No. 146-2020, approved 12-9-2020; Lou. Metro Am. Ord. No. 84-2021, approved 7-15-2021; Lou. Metro Am. Ord. No. 88-2024, approved 6-11-2024)
Editor’s note:
Louisville Metro Ord. No. 146-2020 takes effect December 9, 2020, except with regard to the references to “lawful source of income” which shall become effective on March 1, 2021.
In connection with any of the transactions set forth herein which affect any sale, purchase, exchange, rental, or lease of any housing accommodation, it shall be a prohibited, unlawful practice for a person, owner, financial institution, real estate broker, or real estate salesperson, or any representative of the above to:
(A) Refuse to sell, purchase, exchange, rent or lease, lend or deny brokerage service or otherwise deny to or withhold any housing accommodation from a person because of race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status; or
(B) Discriminate against a person because of race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status in terms, conditions, or privileges of the appraisal, purchasing of loans, financial assistance, sale, purchase, exchange, rental or lease of any housing accommodation, or in the furnishing of facilities or services in connection therewith; or
(C) Refuse to receive or transmit a bona fide offer to sell, purchase, exchange, rent or lease any housing accommodation from or to a person because of race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status; or
(D) Refuse to negotiate for the sale, purchase, exchange, rental or lease of any housing accommodation to any person because of race, color, religion, national origin, familial status, disability, handicap, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status; or
(E) Represent to a person that any housing accommodation is not available for inspection, sale, purchase, exchange, rental, or lease when in fact it is available, or to refuse to permit a person to inspect any housing accommodation because of race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status; or
(F) Make, print, circulate, post, mail or cause to be printed, circulated, posted, or mailed any notice, statement, or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, exchange, rental, lease, or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, exchange, rental, lease or financing of any housing accommodation which indicates directly or indirectly, any discrimination or any intent to discriminate as to race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status; or
(G) Offer, solicit, accept, or use a listing of any housing accommodation for sale, purchase, exchange, rental, or lease with the understanding that any person may be subjected to discrimination in connection with such sale, purchase, exchange, rental, or lease, or in the furnishing of facilities or services in connection therewith because of his/her race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status; or
(H) Induce directly or indirectly, or attempt to induce directly or indirectly, the sale, purchase, exchange, rental, or lease or the listing for any of the above, of any housing accommodation by representing that the presence or anticipated presence of persons of any particular race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status in the area to be affected by such sale, purchase, exchange, rental, or lease will or may result in:
(1) Lowering of property values in the area;
(2) An increase in criminal or antisocial behavior in the area; or
(3) A decline in the quality of the schools in the area; or
(I) Make any misrepresentations concerning the listing for sale, purchase, exchange, rental, or lease or the anticipated listing for any of the above, or the sale, purchase, exchange, rental or lease of any housing accommodation in any area in Jefferson County for the purpose of inducing or attempting to induce any such listing or any of the above transactions; or
(J) Place a sign purporting to offer for sale, purchase, exchange, rental, or lease any housing accommodation that is not, in fact, so offered; or
(K) Advertise for sale, purchase, exchange, rental or lease any housing accommodation which is nonexistent, or which is not actually being offered for any of the above; or
(L) Engage in, hire to be done, or to conspire with others to commit threats or acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, or create or play on fear with the purpose of either discouraging or inducing or attempting to induce the sale, occupancy, purchase, exchange, rental, or lease, or the listing for any of the above, of any housing accommodation; or
(M) Do any of the unlawful practices prohibited by this subchapter by canvassing; or
(N) Otherwise deny to or withhold any housing accommodation from a person because of race, color, religion, national origin, familial status, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status; or
(O) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of that buyer or renter, of a person residing in or intending to reside in that dwelling after it is sold, rented, or made available, or of any person associated with that buyer or renter; or to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection with such dwelling, because of a disability of that person, of a person residing in or intending to reside in that dwelling after it is sold, rented or made available, or of any person associated with that person:
(1) For purposes of this subsection,
DISCRIMINATION includes:
(a) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford the person full enjoyment of the premises, except that in the case of rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford the person equal opportunity to use and enjoy a housing accommodation; or
(c) In connection with the design and construction of covered multi-family housing accommodations for first occupancy after the effective date of passage of this chapter, a failure to design and construct those housing accommodations in a manner ensuring that they have at least one entrance on an accessible route unless impractical to do so because of the terrain or unusual characteristics of the site. Housing accommodations with a building entrance on an accessible route shall comply with the following requirements:
1. The public use and common use portions of the housing accommodations shall be readily accessible to and usable by disabled persons;
2. All the doors designed to allow passage into and within all premises within the housing accommodations shall be sufficiently wide to allow passage by disabled persons on wheelchairs; and
3. All premises within the housing accommodations shall contain the following features of adaptive design:
a. An accessible route into and through the housing accommodations;
b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
c. Reinforcements in bathroom walls to allow later installation of grab bars; and
d. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; and
(d) Compliance with the appropriate requirements of Chapter 11 of the Kentucky Building Code, Requirement for Accommodations in New Construction, as amended from time to time, suffices to satisfy the requirements of subsection (1)(c)2. or 3. of this section.
(2) As used in subsection (1) of this section, the term
COVERED MULTIFAMILY HOUSING ACCOMMODATION means:
(a) Buildings consisting of four (4) or more units if such buildings have one or more elevators; and
(b) Ground floor units in other buildings consisting of two or more units.
(3) Nothing in this section requires that a housing accommodation be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(P) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against that person in the terms or conditions of such access, membership, or participation because of race, color, religion, national origin, familial status, age, disability, sex, gender identity, sexual orientation, lawful source of income, conviction history or arrest history, prior military service, or homeless status consistent with the Kentucky Real Estate Commission (“KREC”) and the U.S. Department of Housing and Urban Development (“HUD”) regulations; or
(Q) Coerce, intimidate, harass, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter or Title VIII of the Civil Rights Act of 1968; or
(R) Use a financial or income standard for the rental of housing that fails to account for any rental payments or portions of rental payments that will be made by other individuals, organizations, or governmental agencies on the same basis as rental payments to be made directly by the tenant or prospective tenant.
(1994 Jeff. Code, § 92.03) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.03) (Lou. Ord. No. 0088-2001, § 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004; Lou. Metro Am. Ord. No. 146-2020, approved 12-9-2020; Lou. Metro Am. Ord. No. 179-2022, approved 12-7-2022)
Editor’s note:
Louisville Metro Ord. No. 146-2020 takes effect December 9, 2020, except with regard to the references to “lawful source of income” which shall become effective on March 1, 2021.
(A) The provisions of this chapter, which prohibit discriminatory housing practices, other than the prohibition of discriminatory advertising, shall not apply:
(1) To the rental or lease of any housing accommodations in a building which contains not more than two families living independently of each other, if the owner or a member of his or her family resides in one of the housing accommodations;
(2) To the rental of one room or one rooming unit in a housing accommodation by an owner if he or she or a member of his or her family resides therein;
(3) To a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, lease, rental, occupancy, assignment, or sublease of housing accommodation which it owns or operates for other than commercial purposes to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodging to its members or form giving preference to its members.
(4) To a private individual homeowner disposing of his or her property through private sale without the aid of any real estate operator, broker, or salesperson and without advertising or public display except that attorneys, escrow agents, abstractors, title companies, and other professional assistance may be utilized as necessary to perfect or transfer the title.
(5) To persons with arrest history and conviction history that includes one or more of the following:
(a) Any arrest or conviction where state and/or federal law prohibits the person from being eligible for public housing and other federally subsidized housing; or
(b) Consistent with 24 C.F.R. 960.204(a)(4), 24 C.F.R. 5.856, any conviction that leads to the person becoming subject to a lifetime registration requirement under a State sex offender registration program; or
(c) Any conviction in which the person is deemed a "violent offender" under KRS 439.3401. A violent offender means any person who has been convicted of or pled guilty to the commission of:
1. A capital offense;
2. A Class A felony;
3. A Class B felony involving the death of the victim or serious physical injury to a victim;
4. An offense described in KRS 507.040 or 507.050 where the offense involves the killing of a peace officer, firefighter, or emergency medical services personnel while the peace officer, firefighter, or emergency medical services personnel was acting in the line of duty;
5. A Class B felony involving criminal attempt to commit murder under KRS 506.010 if the victim of the offense is a clearly identifiable peace officer, firefighter, or emergency medical services personnel acting in the line of duty, regardless of whether an injury results;
6. The commission or attempted commission of a felony sexual offense described in KRS Chapter 510;
7. Use of a minor in a sexual performance as described in KRS 531.310;
8. Promoting a sexual performance by a minor as described in KRS 531.320;
9. Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a);
10. Human trafficking under KRS 529.100 involving commercial sexual activity where the victim is a minor;
11. Criminal abuse in the first degree as described in KRS 508.100;
12. Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060;
13. Burglary in the first degree accompanied by commission or attempted commission of kidnapping as prohibited by KRS 509.040;
14. Robbery in the first degree;
(d) Any conviction or plea to any crime involving felony arson under Kentucky Revised Statute;
(e) Any conviction or plea for felony criminal mischief under Kentucky Revised Statute;
(f) Consistent with 24 C.F.R. 960.204(a)(3) and 24 C.F.R. 982.553 (a)(1)(ii)(C), conviction of drug related criminal activity for manufacture or production of methamphetamine on the premises of federal assisted housing;
(g) Consistent with 24 C.F.R. 960.204(a)(1), 24 C.F.R. 5.854(a), and 24 C.F.R. 553(a)(1)(i), for three years from the date of eviction, the household member has been evicted from federally assisted housing for drug-related criminal history;
(h) Consistent with 24 C.F.R. 960.204(a)(2), 24 C.F.R. 5.854(b)(1), and 23 C.F.R. 982.553(a)(1)(ii)(A) if any household member is currently engaging in illegal use of a drug;
(i) Consistent with 24 CFR 982.552(c)(iv), Section 8 based assistance is expressly prohibited if any member of the household has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal Housing program;
(j) Consistent with 24 C.F.R. 5.855(a) and 24 C.F.R. 982.553(a)(2)(ii) Section 8 based assistance and federally assisted housing is expressly prohibited if any household member is currently engaged in, or has engaged in during a reasonable time before the admission:
1. Drug-related activity;
2. Violent criminal activity;
3. Other criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity; or
4. Other criminal activity which may threaten the health or safety of the owner, property management staff, or person performing a contract administration function or responsibility on behalf of the PHA.
(B) Nothing in this chapter shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
(C) Nothing in this section shall limit the applicability of any reasonable local, state, or federal restriction regarding the maximum number of occupants permitted to occupy a housing accommodation. No provision in the chapter regarding familial status shall apply with respect to “housing for older persons,” as defined in the Federal Fair Housing Act, 42 U.S.C. 3607.
(D) Nothing in this section prohibits conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) or KRS Chapter 218A.
(1994 Jeff. Code, § 92.04) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.04) (Lou. Ord. No. 0088-2001, § 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004; Lou. Metro Am. Ord. No. 146-2020, approved 12-9-2020)
Editor’s note:
Louisville Metro Ord. No. 146-2020 takes effect December 9, 2020, except with regard to the references to “lawful source of income” which shall become effective on March 1, 2021.
(A) Except as otherwise provided herein, it is an unlawful practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort or amusement as defined in § 92.02, on the ground of race, color, religion, national origin, disability, sexual orientation or gender identity.
(B) It is an unlawful practice for a person, directly or indirectly, to publish, circulate, issue, display, or mail, or cause to be published, circulated, issued, displayed, or mailed, a written, printed, oral or visual communication, notice, or advertisement, which indicates that the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort or amusement, will be refused, withheld, or denied an individual on account of his race, color, religion, national origin, disability, sexual orientation or gender identity, or that patronage of, or presence at, a place of public accommodation, resort or amusement, of an individual, on account of his race, color, religion, national origin, disability, sexual orientation or gender identity is objectionable, unwelcome, unacceptable, or undesirable.
(C) It shall be an unlawful practice to deny an individual, because of sex, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a restaurant, hotel, motel, or any facility supported directly or indirectly by government funds.
(1) The provisions of this subsection shall not apply to:
(a) Restrooms, shower rooms, bath houses and similar facilities which are in their nature distinctly private;
(b) YMCA, YWCA and similar type dormitory lodging facilities;
(c) The exemptions contained in the definitions of “Place of Public Accommodations, Resort or Amusement” set forth in § 92.02;
(d) Hospitals, nursing homes, penal or similar facilities, to require that men and women be in the same room.
(1994 Jeff. Code, § 92.06) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.05) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
(A) It is a prohibited, unlawful practice for an employer:
(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation; or
(2) To limit, segregate, or classify his or her employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual’s race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation; or
(B) It is an unlawful practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his or her race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation, or to classify or refer for employment an individual on the basis of race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation.
(C) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership or to otherwise discriminate against a member or applicant for membership because or race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation; or
(2) To limit segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any which would deprive or tend to deprive an individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect one’s status as an employee or as an applicant for employment because of such individual’s race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation; or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(D) It is an unlawful practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation, in admission to or employment in, any program established to provide such apprenticeship, training, or retraining.
(E) It is an unlawful practice for any employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice or classification or referral for employment by such a labor organization or classification or limitation, specification, or discrimination based on race, color, religion, national origin, age 40 and over, disability, sex, gender identity, or sexual orientation, except that such a notice or advertisement may indicate a preference, limitation, or specification, based on religion, national origin, age 40 and over, disability or sex when religion, national origin, age 40 and over, disability or sex is a bona fide occupational qualification for employment.
(F) Nothing herein shall be construed to prevent an employer from:
(1) Enforcing a written employee dress policy; or
(2) Designating appropriate restroom and shower facilities.
(1994 Jeff. Code, § 92.06) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.06) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)
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