It is the finding and the intent of the city of Pocatello that no person shall be denied his or her civil rights or be discriminated against based upon his or her actual or perceived race, color, national origin, ancestry, religion, creed, sex, age, marital or familial status, physical or mental disability, sexual orientation, gender identity/expression. The Pocatello city council declares that such discrimination prohibitions are necessary and desirable for the following reasons:
A. In order to ensure that all persons, regardless of sexual orientation and/or gender identity/expression enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing, commercial property and the use of public accommodations, the city of Pocatello has determined that discrimination on the basis of sexual orientation and gender identity/expression must be addressed, and appropriate legislation enacted.
B. It is hereby declared to be public policy of the city of Pocatello that discriminatory practices are detrimental because they impede the social and economic progress of a city by preventing all of the city's citizens from contributing to the cultural, spiritual, social, and commercial life of the community. The contributions of all citizens of the city of Pocatello are essential to the city's growth, vitality, and prosperity.
C. It is hereby declared that every individual in the city of Pocatello has the right to work and earn wages through gainful employment, has the right to seek housing, and has the right to enjoy public accommodation and hospitality.
D. It is the intent of this chapter that all persons be treated fairly and equally, and it is the express intent of this chapter to guarantee fair and equal treatment under the law to all people in the city of Pocatello. The denial of fair and equal treatment under the law due to sexual orientation or gender identity/expression is detrimental to the health, safety, and welfare of the city's citizens, and damages a city's economic well being.
E. This chapter shall be deemed an exercise of the police power of the city of Pocatello for the protection of the public welfare, prosperity, health and peace of the city of Pocatello, its residents and the community.
F. The prohibitions against discriminatory acts as provided for in this chapter are intended to supplement state and federal civil rights law prohibiting discrimination in the areas of employment, public accommodations, and housing. For complaints, alleging discrimination on a basis proscribed under state or federal law (e.g., race, color, religious creed, ancestry, age, gender, national origin, and/or disability) the complainant is advised of his or her right to file a report alleging a violation of Idaho Code section 18-7301 et seq., and/or his or her right to file a complaint with the Idaho commission on human rights and/or the federal equal employment opportunity commission pursuant to title VII of the civil rights act of 1964 as amended, the fair housing act of 1968 as amended, or the Americans with disabilities act of 1990 as amended. (Ord. 2921, 2013)
DENY: Includes any act which, directly or indirectly, by any person or his or her agent or employee, results or is intended or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment or representation. It also includes, but is not limited to, the requiring of a person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from persons the admission, patronage, custom, presence, frequenting, dwelling, staying or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of sexual orientation and/or gender identity/expression.
DISCRIMINATION: Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or other differentiation in the treatment of a person because of a person's actual or perceived sexual orientation or gender identity/expression or because of a person's association with any such person. Discrimination shall not be interpreted to require or to grant or accord any preferential treatment to any person because of that person's sexual orientation or gender identity/expression.
FULL ENJOYMENT OF: Shall be construed to include, but not be limited to, the right to use, rent or purchase real property, any service, commodity or article of personal property offered or sold by any person or establishment to the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly or indirectly causing persons of any particular sexual orientation and/or gender identity/expression to be treated as not welcome, accepted, desired or solicited.
GENDER IDENTITY/EXPRESSION: A gender related identity, appearance, expression or behavior of an individual regardless of a person's assigned sex at birth.
HOUSING ACCOMMODATION: A building or portion of a building, whether constructed or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters of its occupants.
PERSON: Any natural person, firm, corporation, partnership or other organization, association or group of persons however arranged.
PLACE OF PUBLIC RESORT, ACCOMMODATION, ASSEMBLAGE OR AMUSEMENT: Includes, but is not limited to, any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for the public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two (2) or more tenants, or by the owner and one or more tenants, or any public library or any education institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or daycare centers or children's camps; nothing herein contained shall be construed to include, or apply to, any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, provided that where public use is permitted that use shall be covered by this definition; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution.
SEXUAL ORIENTATION: Actual or perceived homosexuality, heterosexuality and/or bisexuality. (Ord. 2921, 2013)
The following acts wilfully committed are prohibited and shall constitute a misdemeanor:
A. Right To Work: To unlawfully deny or discriminate against any other person because of sexual orientation and/or gender identity/expression the right to work: 1) by failing or refusing to hire, 2) by discharging, 3) by barring from employment, 4) by otherwise discriminating against such person in compensation or in other terms or conditions of employment, or 5) otherwise unlawfully discriminating against an individual with respect to employment.
B. Enjoyment Of Accommodations, Etc.: To unlawfully deny or discriminate against any person because of sexual orientation and/or gender identity/expression the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or amusement.
C. Sale, Purchase, Lease Or Rent Of Property: To unlawfully deny or discriminate against any person because of sexual orientation and/or gender identity/expression in the sale, purchase, lease or rental of any commercial property, housing accommodation, or to otherwise discriminate in the terms and conditions, maintenance, improvement or repair of any housing accommodation.
D. Retaliation Prohibited: No person shall coerce, threaten, discharge, expel, blacklist, or otherwise retaliate against another person for opposing any practices prohibited by this chapter, making a complaint, or assisting in the investigation or proceeding regarding an alleged violation of this chapter; nor shall any person require, request to conspire with, assist, coerce, aid or abet, another person to retaliate against a person for making a complaint or assisting in an investigation or proceeding pursuant to the terms of this chapter. (Ord. 2921, 2013)
A. Nothing in this chapter is intended to alter or abridge other rights, protections, or privileges secured under state/federal law. This chapter shall be construed and applied in a manner consistent with first amendment jurisprudence regarding the freedom of speech, association, and religion. Moreover, this chapter does not apply to the employment of those who perform functional, administrative, and/or ministerial duties for organizations whose primary purpose and function is religious. This chapter does not prevent such religious organizations from restricting membership, services or use of its facilities. This chapter shall be interpreted and enforced in accordance with the Idaho free exercise of religion act, Idaho Code section 73-401 et seq.
B. This chapter shall not apply:
1. To the rental of a housing accommodation for not more than two (2) families living independently of each other, if the lessor is an individual and said individual resides in one of the housing accommodations; or
2. To the rental of a room or rooms in a single-family residential housing accommodation by an individual if said individual resides in said single-family residential housing.
3. This chapter shall not be interpreted to require any person to provide bathroom, locker room, or like facilities that are not segregated by gender. (Ord. 2921, 2013)
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