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(a) It shall be unlawful in the unincorporated area of the County for an employer, because a person has AIDS/HIV, to:
(1) Fail or refuse to hire the person, discharge the person or discriminate against the person with respect to the person's compensation or terms, conditions or privileges of employment.
(2) Limit, segregate or classify an employee or an applicant for employment in any way which would deprive or tend to deprive the person of employment opportunities or to adversely affect the person's status as an employee in any other way.
(b) It shall be unlawful in the unincorporated area of the County for an employment agency, because a person has AIDS/HIV to fail or refuse to refer the person for employment or otherwise to discriminate against the person.
(c) It shall be unlawful in the unincorporated area of the County for a labor organization, because a person has AIDS/HIV, to:
(1) Exclude or to expel the person from its membership or discriminate against the person in any other way.
(2) Limit, segregate or classify a member or applicant for membership or fail or refuse to refer the person for employment in any way which would deprive or tend to deprive the person of employment opportunities or that would limit the person's employment opportunities or in some other manner adversely affect the person's status as an employee or as an applicant for employment.
(3) Cause or attempt to cause an employer to discriminate against the person in violation of this section.
(d) It shall be unlawful in the unincorporated area of the County, for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including an on-the-job training program, to discriminate against a person, because the person has AIDS/HIV regarding admission to or employment in any program established to provide apprenticeship or other training.
(e) Nothing contained in this section shall be deemed to prohibit selection or rejection based upon a bona fide occupational qualification. In an action brought under this chapter, however, if a party asserts that discrimination is justified as a bona fide occupational qualification, that party shall have the burden of proving: (1) the discrimination is a necessary result of a bona fide occupational qualification and (2) there exists no less discriminatory means of satisfying the occupational qualification.
(f) Notwithstanding any other provision in this chapter, it is not unlawful for an employer to:
(1) Apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that the differences are not the result of an intent to discriminate against a person because the person has AIDS/HIV.
(2) Give and to act upon the results of any professionally developed ability test provided that the test and its administration or action upon the results of the test is not designed, intended or used to discriminate against a person because the person has AIDS/HIV.
(Amended by Ord. No. 8358 (N.S.), effective 3-17-94; amended by Ord. No. 9970 (N.S.), effective 3-12-09)
It shall be unlawful in the unincorporated area of the County to make, print, publish, advertise or disseminate or cause to be made, printed, published, advertised or disseminated, any notice, statement, sign, advertisement, application or contract which indicates an intent to engage in any practice made unlawful by this chapter.
(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)
(a) Nothing in this chapter shall be construed to prohibit any act authorized by the laws of the United States, the State of California or the County of San Diego or any act required by the County Department of Health Services to protect the public health.
(b) Nothing in this chapter shall prohibit any act which is necessary to protect the health or safety of the general public. If a party to any action brought under this chapter asserts that a discriminatory practice is justifiable because it is necessary to protect the health or safety of the general public, that party shall have the burden of proving that:
(1) The discrimination is a necessary result of a necessary course of conduct pursued to protect the health or safety of the general public; and
(2) There is no less discriminatory means to protect the health or safety of the general public.
(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)
Any person who violates this chapter or who aids another person in violating this chapter is liable for each and every violation, for damages up to a maximum of three times the amount of actual damages, for punitive damages as may be determined by a jury or a court sitting without a jury and for costs, including reasonable attorney's fees, as may be determined by the court.
(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)
(a) Any aggrieved person may enforce this chapter by means of a civil action.
(b) Any person who commits or proposes to commit an act in violation of this chapter may be enjoined from that conduct by a court of competent jurisdiction.
(c) An action seeking injunctive relief under subsection (b) above may be brought by an aggrieved person or by any interested person who will fairly and adequately represent the interests of the aggrieved person or class of persons on whose behalf relief is sought.
(d) Nothing in this chapter shall preclude any aggrieved person from pursuing any other remedy provided by law.
(e) An action arising under this chapter shall not be rendered moot because of the death or physical or mental incapacity of the person who was the subject of the claimed discrimination.
(f) Notwithstanding any provision of law, no criminal penalties shall attach for any violation of this chapter.
(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)