(A) For an employer, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation, 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, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation, to accord adverse, unlawful, 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, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation, 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) 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, trust, or will, because of race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation, 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 2 families living independently of each other, if the owner maintains and occupies 1 of the living quarters as his or her residence.
(1) For the purposes of determining discrimination based on familial status, a family shall be interpreted as 1 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 if:
(a) A state or federal program has designated the residence for the 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 are occupied, or intended to be occupied, by 1 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 4 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, and/or kitchens and bathrooms usable by the disabled. Nothing in this provision may be construed to require prior approval of plans for construction by the Commission.
(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 re-modification on the renter's agreeing to restore the premises to the condition that existed prior to the modification at the conclusion of renter's tenancy, 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, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation, 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, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation, 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, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation, directly or indirectly, to conceal any unlawful discrimination; to aid, abet, compel, coerce, incite, or induce another person to discriminate; to, by any means, trick, mislead, advertise, or sign, any person to use any form of application, make any record or inquiry, or use any device or artifice 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 subchapter;
(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, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation 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 subchapter, 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 subchapter relating to discrimination based upon race, color, sex, creed, religion, ancestry, national origin, familial status, disability, marital status, military or veteran status, gender identity, or sexual orientation;
(J) Nothing in this subchapter 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 subchapter 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 (J)(1)-(4) 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, trust, or will.
(Ord. 1377, passed 6-18-2018)