(a) Unlawful Employment Practices.
(1) It shall be an unlawful discriminatory practice, except where based upon applicable national security regulations established by the United States:
A. For any employer, because of the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
E. For any person seeking employment to publish or to cause to be published any advertisement which specifies or in any manner indicates that person's race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status, or expresses a limitation or preference as to the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status, of any prospective employer;
F. 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
G. For any employer, employment agency, or labor organization to knowingly 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socioeconomic status;
H. 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
I. 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.
J. For any labor organization to limit or classify its membership on the basis of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
K. For any employer, employment agency or labor organization to:
1. Elicit or attempt to elicit any information concerning the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status, 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;
L. 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 testified or assisted in any manner in any investigation or proceeding under this chapter;
M. 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.
(2) Recklessness is intended to be imposed as the culpable mental state for a violation of this section.
(b) Unlawful Housing Practices.
(1) It shall be an unlawful discriminatory practice for any person to recklessly:
A. Refuse to sell, transfer, assign, rent, lease, sublease, finance or otherwise deny or withhold housing accommodations from any person because of the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status of any prospective owner, occupant, or user of such housing accommodations;
B. Represent to any person that housing accommodations are not available for inspection when in fact they are so available;
C. Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations or otherwise withhold financing of housing accommodations from any person because of the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status of any present or prospective owner, occupant, or user of such housing accommodations, provided such person, whether an individual, corporation, or association of any type, lends money as one of the principal aspects of their business or incidental to their principal business and not only as apart of the purchase price of an owner occupied residence they are selling nor merely casually or occasionally to a relative or friend;
D. Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing any housing accommodations or in furnishing facilities, services, or privileges in connection with the ownership, occupancy or use of any housing accommodations because of the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status of any present or prospective owner, occupant, or user of such housing accommodations;
E. Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodations because of the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status of any present or prospective owner, occupant, or user of such housing accommodations;
F. Print, publish, or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition of any housing accommodations or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations which indicates any preference, limitation, specification, or discrimination based upon the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
G. Make any inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status in connection with the sale or lease of any housing accommodations or the loan of any money, whether or not secured by a mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations;
H. Include in any deed, land contract, or lease of accommodations any covenant, honor or exercise, or attempt to honor or exercise, any covenant, that would prohibit, restrict, or limit the sale, transfer, assignment, rental, lease, sublease, or finance of housing accommodations to or for any person because of the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status of any prospective owner, occupant, or user of such housing accommodations provided that prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision;
I. Induce or solicit, or attempt to induce or solicit, any housing accommodations listing, sale, or transaction by representing that a change has occurred or may occur in the block, neighborhood, or area in which the property is located, which change is related to the presence or anticipated presence of persons of any race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
J. Induce or solicit or attempt to induce or solicit, any housing accommodations listing, sale, or transaction by representing that the presence or anticipated presence of persons of any race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status, in the area will or may have results such as the following:
1. The lowering of property values;
2. An increase in criminal or antisocial behavior in the area; or
3. A decline in the quality of schools serving the area;
K. Discourage or attempt to discourage the purchase by prospective purchasers of any housing accommodations by representing that any block, neighborhood, or area has or might undergo a change with respect to the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status of the residents;
L. 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 housing accommodations, or to discriminate against them in the terms or conditions of such access, membership, or participation, on account of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status;
M. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section;
N. Whether or not acting under color of law, by force or threat of force willfully injure, intimidate or interfere with, or attempt to injure, intimidate, or interfere with:
1. Any person because of their race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status and because that person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations;
2. Any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from:
a. Participating, without discrimination on account of race, sex, sexual orientation, gender identity or expression, color, religion, national origin, or ancestry, in any of the activities, services, organizations, or facilities described in division (a)(1)N.1. of this section; or
b. Affording another person or class of persons opportunity or protection so to participate; or
3. Discouraging any person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status in any of the activities, services, organizations, or facilities described in division (a)(1)N.1. of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate;
O. Refuse to sell, transfer, assign, rent or lease, sublease, finance or otherwise deny or withhold a burial lot from any person because of the race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status of any prospective owner or user of such lot; or
P. 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.
(2) Nothing in this section shall bar any religious or denominational institution or organization, or any charitable or educational organization, which is operated, supervised, or controlled by or in connection with a religious organization, from giving preference to persons of the same religion or denomination, or from making such selection as is calculated by such organization to promote the religious principles or the aims or purposes for which it is established or maintained.
(3) Nothing in this section shall bar any person from refusing to rent, lease, or sublease any room, suite of rooms, or apartment to any person because of sex if such room, suite of rooms, or apartment is located in a building in which the only toilet and bathroom facilities provided for such room, suite of rooms, or apartment are for the common use of all occupants.
(c) Unlawful Public Accommodations. It shall be an unlawful discriminatory practice:
(1) For any proprietor or his or her 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status, the full enjoyment of the accommodations, advantages, facilities, or privileges thereof;
(2) For any proprietor or his or her 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 race, sex, sexual orientation, gender identity or expression, color, religion, ancestry, national origin, age, physical disabilities, mental disabilities or socio-economic status or that such person is unwelcome, objectionable, or not acceptable, desired or solicited;
(3) For any person, whether or not included in divisions (c)(1) and (c)(2) of 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.
(Ord. 07-21. Passed 5-21-07; Ord. 16-18-A. Passed 7-5-16.)