§ 98.003  ACT OF DISCRIMINATION.
   Without limitation, the following are declared to be discrimination:
   (a)   For an employer, because of race, color, sex, creed, religion, ancestry, national origin or disability, to fail or refuse to hire, to discharge an employee, or to accord adverse, unlawful or unequal treatment to any person or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge, or any term or condition of employment;
   (b)   For an employment agency, because of race, color, creed, religion, sex, ancestry, disability or national origin, to accord adverse or unequal treatment to any person in connection with any application for employment, any referral or any request for assistance in procurement of employees, or to accept any listing of employment on that basis;
   (c)   For any labor organization, because of race, color, sex, creed, religion, ancestry, national origin or disability, to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend or otherwise discipline a member; or to accord adverse, unlawful or unequal treatment to any person with respect to his or her hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employment;
   (d)   For any owner of rights to housing or real property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesman, attorney, auctioneer, agent or representative by power of attorney or appointment, or to any person acting under court order, deed of trust, or will, because of race, color, sex, creed, religion, ancestry, national origin, familial status or disability, to fail or refuse to sell, rent, assign or otherwise transfer any real property to any other person, or to accord adverse, unlawful, or unequal treatment to any person with respect to the acquisition, occupancy, use and enjoyment of any real property. The provisions of this section do not apply to rooms or units in dwellings that contain living quarters for no more than two families living independently of each other, if the owner maintains and occupies one of the living quarters as his or her residence.
      (1)   For the purposes of determining discrimination based on familial status, a FAMILY is one or more individuals under the age of 18 who are domiciled with their parent, legal custodian or person granted custody with permission of the parent or custodian. This definition includes a person who is pregnant or in the process of securing custody of a person under the age of 18. Discrimination based on familial status applies to housing accommodations only.
      (2)   The provisions of this section as they refer to familial status do not apply to residences publicized as specifically designated for older or disabled residents and if:
         A.   A state or federal program has designated the residence for elderly;
         B.   The residences are intended for and solely occupied by persons 62 years of age or older; or
         C.   Facilities and services for the residence are designed to meet the needs of the elderly, and at least 80% of the units occupied or intended to be occupied by one or more persons 55 years of age or older.
      (3)   It is an unfair or discriminatory practice to design or construct for first occupancy any multi- family dwelling with more than four units for sale, rent, lease, assignment, sublease or transfer that does not enable accessibility to ground floor common areas and usability of ground floor housing units by disabled persons or by wheelchairs. If the building has elevators, all housing units and common areas shall be usable by disabled persons and persons in wheelchairs. The accommodations may include widened doors, lowered electrical switches and outlets, lowered environmental controls, grab bars or reinforcements, kitchens and bathrooms usable by the disabled. Nothing in this division (d)(3) may be construed to require prior approval of plans for construction by the commission on human relations.
      (4)   It is also discriminatory to refuse to permit at the expense of the disabled person reasonable modifications of existing property that may be necessary to afford full enjoyment of the property. The landlord may, where it is reasonable to do so, condition permission for remodification on the renter’s agreeing to restore the premises to the condition that existed prior to the modification, reasonable wear and tear excepted.
   (e)   For any person engaged in the provision of public accommodations, because of race, color, sex, creed, religion, ancestry, national origin, or disability, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of those public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of the services and facilities, the price or other consideration therefor, the scope and quality thereof, or the terms and conditions under which such are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation and repair;
   (f)   For any person engaged in the provision of public services, because of race, color, sex, creed, religion, ancestry, national origin or disability, to fail or refuse to provide to any person access to the use and benefit thereof, or the terms and conditions under which such are made available;
   (g)   For any person, because of race, color, sex, creed, religion, ancestry, national origin or disability, directly or indirectly, to conceal any unlawful discrimination; to aid, abet, compel, coerce, incite or induce another person to discriminate; or by any means, trick, artifice, advertisement or sign, to use any form of application, or make any record or inquiry, or device whatsoever to bring about or facilitate discrimination; or to engage in or threaten to engage in any reprisal, economic or otherwise, against any person because of the latter’s filing a charge, testifying or assisting in the observance and support of the purposes and provisions of this chapter;
   (h)   For any person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof to discriminate against any person or group of persons, because of the race, color, sex, creed, religion, ancestry, national origin or disability of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying, renewing or in the rates, terms, conditions and the extension of services in connection therewith;
   (i)   Wherever religious organizations or bodies are exempt from any of the provisions of this chapter, the exemption shall apply only to religious qualifications for employment or residence in church-owned or church-operated property, and the organizations shall not be exempt from any provisions of this chapter relating to discrimination based upon race, color, sex, ancestry, national origin, familial status or disability.
   (j)   Nothing contained in this chapter shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation;
   (k)   Nothing in this chapter requires the following people to modify property in any way, incur any additional expenses, or exercise a higher degree of care for persons having a disability than for a person who does not have a disability nor does this chapter relieve any person of any obligations generally imposed on all persons, regardless of any disability, in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including, but not limited to, financial obligations of the lease, agreement or contract.:
      (1)   Employer;
      (2)   Provider of public accommodations;
      (3)   Provider of public services;
      (4)   Person selling, renting, or leasing real property;
      (5)   Person acting on behalf of any of the persons listed in divisions(a)(11)A. through D. above, with or without compensation, including but not limited to any person licensed as a real estate broker or salesman, attorney, auctioneer, agent, or representative by power of attorney or appointment; and
      (6)   Person acting under court order, deed of trust or will.
(1957 Rev. Ords., § 2.1803; 1972 Code, § 13-3; 1992 Code, § 21.5-3)  (Ord. 2700, passed 8-17-1970; Ord. 52-73, passed 6-25-1973; Ord. 22-81, passed 3-16-1980; Ord. 63-86, passed 6-23-1986; Ord. 51-91, passed 6-10-1991)