(a) Practices Enumerated. The following shall be unlawful discriminatory practices:
(1) Employment. For any employer, because of the race, color, religion, sex, national origin, handicap or ancestry of any person, to refuse to hire, or otherwise to discriminate against, that person with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly relating to employment.
(2) Employment agencies. For an employment agency, because of race, color, religion, sex, national origin, handicap or ancestry, to:
A. Refuse or fail to accept, register, classify properly, or refer for employment, or otherwise discriminate against, any person.
B. Comply with a request from an employer for referral of applicants for employment if the request indicates, directly or indirectly, that the employer fails to comply with the provisions of this section.
(3) Labor organizations. For any labor organization to:
A. Limit or classify its membership on the basis of race, color, religion, sex, national origin, handicap or ancestry.
B. Discriminate against, limit the employment opportunities of, or otherwise adversely affect the employment status, wages, hours or employment conditions of, any person as an employee because of race, color, religion, sex, national origin, handicap or ancestry.
(4) Apprenticeship training programs.
A. For any employer, labor organization, or joint labor-management committee, controlling apprentice training programs, to discriminate against any person because of race, color, religion, sex, national origin, handicap or ancestry in admission to, or employment in, any program established to provide apprentice training.
B. Except where based on a bona fide occupational qualification, certified in advance by the commission, for any employer, employment agency or labor organization, prior to employment or admission to membership, to do any of the following.
1. Inquiries. Elicit or attempt to elicit any information concerning the race, color, religion, sex, national origin, handicap or ancestry of an applicant for employment or membership.
2. Records. Make or keep a record of the race, color, religion, sex, national origin, handicap or ancestry of any applicant for employment or membership.
3. Applications and membership blanks. Use any form of application for employment, or any personnel or membership blank, seeking to elicit information regarding race, color, religion, sex, national origin, handicap or ancestry, but an employer holding a contract containing a nondiscrimination 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, may retain this proof in the employer's personnel records and may use photographic or fingerprint identification for security purposes.
4. Notice and advertisements. Print or publish, or cause to be printed or published, any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race, color, religion, sex, national origin, handicap or ancestry.
5. Discriminatory policies. Announce or follow a policy of denying, or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race, color, religion, sex, national origin, handicap or ancestry of the group.
6. Discriminatory sources. Utilize in the recruitment or hiring of persons any employment agency, placement service, training school or center, labor organization or any other employee-referring source, known to discriminate against persons because of their race, color, religion, sex, national origin, handicap or ancestry.
(5) Advertising by job seekers. For any person seeking employment to publish or cause to be published any advertisement which specifies or in any manner indicates that person's race, color, religion, sex, national origin, handicap or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, national origin, handicap or ancestry of any prospective employer.
(6) Public accommodations. For any proprietor, or any 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, color, religion, sex, national origin, handicap or ancestry, the full enjoyment of the accommodations, advantages, facilities or privileges thereof.
(7) Refusing and withholding of housing accommodations. For any person to do any of the following:
A. Withholding of accommodations. Refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold, housing accommodations from any person because of the race, color, religion, sex, ancestry, handicap or national origin of any prospective owner, occupant or user of the housing.
B. Misrepresentation of availability. Represent to any person that housing is not available for inspection when in fact it is so available.
C. Refusal to finance. Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, or otherwise withhold financing of housing from any person, because of the race, color, religion, sex, ancestry, handicap or national origin of any present or prospective owner, occupant or user of the housing, provided that the person, whether an individual, corporation or association of any type, lends money as one of the principal aspects of, or incident to, his or her principal business and not only as a part of the purchase price of an owner-occupied residence he or she is selling, nor merely casually or occasionally to a relative or friend.
D. Discrimination in supplying housing accommodations. Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing or subleasing any housing, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any housing, because of the race, color, religion, sex, ancestry, handicap or national origin of any present or prospective owner, occupant or user of such housing.
E. Discrimination in financing.
1. 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 housing, because of race, color, religion, sex, ancestry, handicap or national origin of any present or prospective owner, occupant or user of such housing.
2. Refuse to consider without prejudice the combined income of both a husband and wife for the purpose of extending mortgage credit to a married couple or either member thereof.
F. Statements and advertisements. Print, publish or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any housing or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing, which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, ancestry, handicap or national origin.
G. Inquiries, applications and records. Make any inquiry, elicit any information, make or keep any record, or use any form of application, containing questions or entries concerning race, color, religion, sex, ancestry, handicap or national origin in connection with the sale or lease of any housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of housing.
H. Restrictive covenants. Include in any transfer, rental or lease of housing any restrictive covenant, or honor or exercise, or attempt to honor or exercise, any restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision.
I. Inducing or soliciting. Induce or solicit, or attempt to induce or solicit, a housing listing, sale, or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located, or induce or solicit, or attempt to induce or solicit, the sale or listing by representing that the presence or anticipated presence of persons of any race, color, religion, sex, ancestry, handicap or national origin in the area will or may have results such as the following:
1. The lowering of property values.
2. A change in the racial, religious, sexual or ethnic composition of the block, neighborhood or area in which the property is located.
3. An increase in criminal or antisocial behavior in the area.
4. A decline in the quality of the schools serving the area.
J. Denial of services or membership. 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 discriminate against any person in the terms or conditions of the access, membership or participation, on account of race, color, religion, sex, national origin, handicap or ancestry.
K. Coercing, intimidating, threatening or interfering. Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this division (a)(7) of this section.
L. Willful injury, intimidation and interference. 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 race, color, religion, sex, national origin, handicap or ancestry and because that person is or has been selling, purchasing, renting, financing or occupying any dwelling, 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 that person or any other person or any class of persons from:
a. Participating, without discrimination on account of race, color, religion, sex, national origin, handicap or ancestry, in any of the activities, services, organizations or facilities described in division (a)(7)L.1. of this section.
b. Affording another person or class of persons opportunity or protection so to participate.
3. Any person because that person is or has been participating, or in order to discourage that person or any other person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, national origin, handicap or ancestry, in any of the activities, services, organizations or facilities described in division (a)(7)L.1. of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
M. Discourage or attempt to discourage the purchase by a prospective purchaser of a housing unit, by representing that any block, neighborhood or area has undergone or might undergo a change with respect to the religious, racial, sexual or ethnic composition of the block, neighborhood or area.
N. Denying or withholding burial lot. Refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold, a burial lot from any person because of the race, color, sex, ancestry, handicap or national origin of any prospective owner or user of the lot.
(8) Retaliation. 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.
(9) Aiding, abetting and coercing. For any person to aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with this section, or any order issued hereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.
(b) Allowable Preference. Nothing in division (a)(7) of this section shall bar any religious or denominational institution or organization, or any charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, or any bona fide private or fraternal organization, from giving preference to persons of the same religion or denomination, or to members of the private or fraternal organization, or from making a selection as is calculated by the organization to promote the religious principles or the aims, purposes or fraternal principles for which it is established or maintained.
(c) Employing the Handicapped. Nothing in divisions (a)(1) to (4) of this section shall be construed to require a handicapped person to be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the handicapped person, other employees, the general public, or the facilities in which the work is to be performed, or to require the employment or training of a handicapped person in a job that requires him or her to routinely undertake any task, the performance of which is substantially and inherently impaired by his or her handicap.
(d) Selling or Renting to the Handicapped. Nothing in division (a)(7) of this section shall be construed to require any person selling or renting property or modify the property in any way or to exercise a higher degree of care for a person having a handicap, nor be construed to relieve any handicapped person of any obligation generally imposed on all persons regardless of handicap 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 financial obligations, of a lease, agreement or contract.
(Ord. 85-38. Passed 8-7-85.)