717.02 FAIR HOUSING.

(a) "Discriminate and discrimination" includes segregated or separated or any difference in treatment based on actual or perceived sexual orientation and gender identity or expression.

(b) "Employer" means any person who employs four (4) or more persons within the City of Medina, including the municipal government of the City of Medina, its boards, commissions, and other affiliated agencies.

(c) "Gender identity or expression" means an individual's actual or perceived gender-related identity, appearance, expression, mannerisms, or other gender-related characteristics, regardless of the individual's designated sex at birth.

(d) "Restrictive covenant" means any specification limiting the transfer, rental, lease, or other use of any housing accommodations because of sexual orientation and gender identity or expression, or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing sexual orientation and gender identity or expression as a condition of affiliation or approval.

(e) "Sexual orientation" means a person's actual or perceived homosexuality, bisexuality, or heterosexuality.

(f) "Unlawful discriminatory practice" means any act prohibited by this Chapter 717. (Ord. 112-19. Passed 7-8-19.)

717.02 FAIR HOUSING.

(a) It shall be an unlawful discriminatory practice for any person to engage in any of the following acts wholly or partially:

(1) To discriminate by impeding, delaying, discouraging or otherwise limiting or restricting any real estate transaction based on sexual orientation and gender identity or expression;

(2) To discriminate by imposing less preferential terms on a real estate transaction based on sexual orientation and gender identity or expression;

(3) To represent falsely that an interest in real estate is not available for a real estate transaction because of sexual orientation and gender identity or expression;

(4) To include in the terms or conditions of a real estate transaction any discriminatory clause, condition or restriction based on sexual orientation and gender identity or expression;

(5) To discriminate in performing, or refusing to perform, any act necessary to determine an individual's financial ability to engage in a real estate transaction based on sexual orientation and gender identity or expression;

(6) For a property manager to discriminate by refusing to provide equal treatment of, or services to, occupants of any real estate which the property manager manages based on sexual orientation and gender identity or expression;

(7) To make, print or publish, or cause to be made, printed or published any discriminatory notice, statement, or advertisement with respect to a real estate transaction or proposed real estate transaction, or financing relating thereto based on sexual orientation and gender identity or expression;

(8) To discriminate in any financial transaction involving real estate, on account of the location of the real estate, be it residential or non-residential (commonly known as "red-lining"), based on sexual orientation and gender identity or expression;

(9) For a real estate operator, a real estate broker, a real estate salesperson, a financial institution, an employee of any of these, or any other person, for the purposes of inducing a real estate transaction from which such person may benefit financially to represent that a change has occurred or will or may occur in the composition with respect to sexual orientation and gender identity or expression of the owners or occupants in the block, neighborhood or area in which the real property is located or to represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood or area in which the real property is located (commonly known as "block-busting");

(10) For any person to discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this chapter, or because that person has made a charge, testified, assisted, or participated in any manner, in any investigation, proceeding, or hearing under the provisions of this chapter; and

(11) Notwithstanding the provisions of division (a)(1) through (10) of this section, it shall not be an unlawful discriminatory practice for an owner, lessor, or renter to refuse to rent, lease, or sublease a portion of a single family dwelling unit to a person as a tenant, roomer, or boarder where it is anticipated that the owner, lessor, or renter will be occupying any portion of the single-family dwelling.

(b) Exemptions.

(1) Unless otherwise provided by law, nothing in this section shall bar any religious or denominational corporation, institution, association or organization, or any nonprofit charitable or educational organization that is operated, supervised, or controlled by or in connection with a religious or denominational corporation, institution, association or organization, from limiting the sale, rental, or occupancy of housing accommodations that it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference in the sale, rental, or occupancy of such housing accommodations to persons of the same religion.

(2) Unless otherwise provided by law, nothing in this section shall bar any bona fide private or fraternal organization that, incidental to its primary purpose, owns or operates lodgings for a non-commercial purpose, from limiting the rental or occupancy for the lodgings to its members or from giving preference to its members.

(3) Nothing in this section shall be interpreted to infringe upon or otherwise interfere with any rights protected by the Free Exercise Clause of the First Amendment to the United States Constitution or the Religious Freedom Restoration Act, codified at 42 U.S.C. §§2000bb, et seq, or its successor provisions, if applicable.

(Ord. 112-19. Passed 7-8-19.)

717.03 UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO EMPLOYMENT.

It shall be an unlawful discriminatory practice, except where based upon applicable national security regulations established by the United States government:

(a) For any employer, because of the person's sexual orientation and gender identity or expression to refuse to hire that person or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment;

(b) For any employer, employment agency, or labor organization to establish, announce or follow a policy of denying or limiting, the employment or membership opportunities of any person or group of persons because of their sexual orientation and gender identity or expression;

(c) For any employer, labor organization, or joint labor-management committee controlling apprentice training programs to discriminate against any person because of that person's sexual orientation and gender identity or expression in admission to employment in any program established to provide apprentice training;

(d) For any employer, employment agency, or labor organization to publish or circulate, or to cause to be published or circulated, any notice or advertisement relating to employment or membership which indicates any preference, limitation, specifications or discrimination based upon sexual orientation and gender identity or expression;

(e) For any employment agency to refuse or fail to accept, register, classify properly, or refer for employment or otherwise to discriminate against any person because of their sexual orientation and gender identity or expression;

(f) For any employer, employment agency, or labor organization to utilize in the recruitment or hiring of persons, any employment agency, placement service, labor organization, training school or center, or any other employee-referring source, known to discriminate against persons because of their sexual orientation and gender identity or expression;

(g) For any labor organization to discriminate against any person or limit that person's employment opportunities, or otherwise adversely affect that person's status as an employee, or that person's wages, hours, or employment conditions, because of their sexual orientation and gender identity or expression;

(h) For an employment agency, to comply with, accommodate, or otherwise assist with locating an employee related to, a request from an employer for referral of applicants for employment if the request indicates, directly or indirectly, that the employer fails, or may fail, to comply with this chapter;

(i) For any labor organization to limit or classify its membership on the basis of sexual orientation and gender identity or expression;

(j) For any employer, employment agency or labor organization to:

(1) Elicit or attempt to elicit any information concerning the sex, gender identity or expression, or sexual orientation of an applicant for employment or membership;

(2) Use any form of application for employment or personnel or membership blank seeking to elicit information regarding sexual orientation and gender identity or expression but an employer holding a contract containing a non-discrimination clause with the government of the United States or any department or agency thereof, may require an employee or applicant for employment to furnish documentary proof of United States citizenship and may retain such proof in the employer's personnel records and may use photographic or fingerprint identification for security purposes;

(k) For any employer, employment agency or labor organization to discriminate against any person because that person has opposed any practice forbidden by this chapter or because that person has made a complaint or assisted in any manner in any investigation or proceeding under this chapter; or

(l) For any person, whether or not an employer, employment agency or labor organization, to aid, incite, compel, coerce, or participate in the doing of any act declared to be unlawful discriminatory practice by this chapter, or to obstruct or prevent any person from enforcing or complying with the provisions of this chapter, or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful discriminatory practice by this chapter, or to obstruct or prevent any person from enforcing or complying with the provisions of this chapter, or to attempt directly or indirectly to commit any act declared by this chapter to be an unlawful discriminatory practice.

(m) Nothing in this section shall apply to a religious or denominational corporation, institution, association, organization, educational institution, or society with respect to the employment of an individual to perform work connected with the carrying on by that religious or denominational corporation, institution, association, organization, educational institution, or society of its activities.

(n) Nothing in this section shall be interpreted to infringe upon or otherwise interfere with any rights protected by the Free Exercise Clause of the First Amendment to the United States Constitution or the Religious Freedom Restoration Act, codified at 42 U.S.C. §§2000bb, et seq., or its successor provisions, if applicable. (Ord. 112-19. Passed 7-8-19.)

717.04 UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO PUBLIC ACCOMMODATIONS.

It shall be an unlawful discriminatory practice:

(a) For any proprietor or their employee, keeper, or manager of a place of public accommodation to deny to any person except for reasons applicable alike to all persons regardless of a person's sexual orientation and gender identity or expression the full enjoyment of the accommodations, advantages, facilities, or privileges thereof;

(b) For any proprietor or their employee, keeper, or manager of a place of public accommodation to publish, circulate, issue, display, post or mail, either directly or indirectly, any printed or written communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities, goods, products, services and privileges of any such place shall be refused, withheld or denied to any person on account of sexual orientation and gender identity or expression or that such person is unwelcome, objectionable, or not acceptable, desired or solicited; or

(c) For any person, whether or not included in divisions (a) and (b) in this section, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful discriminatory practice under this section.

(d) Nothing in this section shall prohibit a religious or denominational corporation, institution, organization, association, or society, or any nonprofit charitable or education organization that is operated, supervised or controlled by or in connection with a religious or denominational corporation, institution, organization, association, or society from limiting its offerings of goods, services, facilities and accommodations to persons of the same religion, or from giving preference to such persons, provided that such offerings mentioned above are not offered for non-religious, commercial purposes. Religious or denominational places of regular worship and educational facilities, or their contiguous facilities, are exempt from this section.

(e) Nothing in this section shall be interpreted to infringe upon or otherwise interfere with any rights protected by the Free Exercise Clause of the First Amendment to the United States Constitution or the Religious Freedom Restoration Act, codified at 42 U.S.C. §§2000bb, et seq., or its successor provisions, if applicable. (Ord. 112-19. Passed 7-8-19.)

717.05 UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO EDUCATIONAL INSTITUTIONS.

It shall be unlawful for an educational institution to engage in any of the following acts wholly or partially for a discriminatory reason because of sexual orientation and gender identity or expression:

(a) To deny, restrict, abridge or condition the use of, or access to, any educational facilities or educational services to any person otherwise qualified;

(b) Notwithstanding the provisions of subsection (a), it shall not be an unlawful discriminatory practice to limit attendance in classes or programs conducted by an educational institution based upon a reasonable educational objective, except where to do so would otherwise violate a duty imposed upon the institution by federal or state law to provide reasonable accommodation; and

(c) Notwithstanding the provisions of subsection (a), it shall not be an unlawful discriminatory practice for an educational institution operated by a religious or denominational corporation, institution, association or organization, or established for a bona fide religious purpose, to admit students or program attendees on the basis of that student's or attendee's religious or denominational affiliation or preference.

(d) Nothing in this section shall be interpreted to infringe upon or otherwise interfere with any rights protected by the Free Exercise Clause of the First Amendment to the United States Constitution or the Religious Freedom Restoration Act, codified at 42 U.S.C. §§2000bb, et seq., or any successor provisions, if applicable.

(e) For purposes of this chapter, "educational institution" shall not include any institution or school operated by a religious or denominational corporation, institution, association or organization.

(Ord. 112-19. Passed 7-8-19.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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