§ 93.03  UNLAWFUL DISCRIMINATION PRACTICES; EXEMPTIONS.
   (A)   It shall be an unlawful practice and thereby deemed a violation of this subchapter for the city or the Waterbury Department of Education, or any of their agencies, departments, subdivisions or employees, or any private employer or agency, to discriminate against any person in the provision of goods, services, facilities, employment, housing or real estate transactions, education or other opportunities because of the race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the persons.
   (B)   It shall be an unlawful practice for the city or the Waterbury Department of Education, or any of their agencies, departments, subdivisions, or employees to commit any act prohibited in this subchapter which would be unlawful if committed by a private person.
   (C)   It shall be an unlawful practice to deny any person or group equal access to public or private services in employment, housing, education, recreation or other areas where the denial is based on limited English language skills.
   (D)   (1)   It shall be an unlawful practice for an employer directly or indirectly to refuse to hire or employ, to classify or upgrade, or to bar or to discharge from employment, training or apprenticeship, or otherwise discriminate against any person in the terms, conditions or privileges of employment, including compensation, because of the race, color, sex, age, religious creed, physical handicap, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of such individual, unless based on a bona fide occupational qualification. An employer who asserts that a discriminatory practice is justified because of a bona fide occupational qualification as defined under Conn. Gen. Stat. Title 46a shall have the burden of showing that the discrimination is in fact a necessary result of a bona fide occupational qualification and that there exists no less discriminatory means of satisfying the occupational qualifications.
      (2)   The following practices shall be exempt from the operation of this section:
         (a)   Employment practices of an employer of fewer than three persons;
         (b)   Employment of an individual by his parent, child or spouse; and
         (c)   The following practices shall not be deemed unlawful: employment programs designed to affect affirmative action by giving special preference to racial minorities or veterans, provided, the programs shall not discriminate on the basis of other discriminatory criteria as set forth in § 93.01.
   (E)   It shall be an unlawful practice for any employment agency, directly or indirectly, to fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual because of the race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the individual. An employment agency that specializes in the recruitment and placement of elderly or disabled employees shall be exempt from the operation of this section with respect to the specialized services; provided that, the services shall not discriminate among the elderly or disabled on the basis of other discriminatory criteria as set forth in § 93.01 hereof.
   (F)   It shall be an unlawful practice for a labor organization directly or indirectly to refuse to admit to membership, training, apprenticeship, classification or to otherwise discriminate against any individual because of race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the individual.
   (G)   It shall be an unlawful practice for an employer, employment agency or labor organization directly or indirectly to advertise or otherwise publicize that any individual is unwelcome or not employable because of the race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the individual, unless based on a bona fide occupational qualification or one of the exceptions set forth in this subchapter.
   (H)   It shall be an unlawful practice for any person directly or indirectly to refuse to engage in a real estate transaction with any person or to set discriminatory terms or conditions with respect to a real estate transaction with any person or to advertise or otherwise publicize that any person is unwelcome or may not enter into a real estate transaction because of the race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the person or of a person residing with the person. This section does not create an affirmative duty to remove barriers for the disabled in excess of the requirements of existing laws and ordinances, but reasonable accommodation shall be made to enable the provisions of housing for a handicapped person.
      (1)   The following practices shall be exempt from the operation of this section:
         (a)   The leasing or renting of a room or rooms within a dwelling or apartment which is occupied by the lessor as his residence and in which the roomer or boarder must pass through the space or a portion thereof occupied by the lessor in order to gain access to the room or rooms thus let or rented;
         (b)   The leasing for renting of a single apartment in a two-, three- or four-family dwelling, the other residential unit of which is occupied by the lessor as his residence; and
         (c)   The leasing, rental or other provision with or without fee, space within a church, temple, synagogue, religious school or other facility used primarily for religious purpose.
      (2)   The following practices shall not be deemed unlawful:
         (a)   The establishment of government-sponsored housing programs operated either directly by government agencies or indirectly through government subsidization, and regulation, which programs are designed to assist the elderly, disabled or economically disadvantaged individuals; provided that, the programs shall not discriminate among the elderly, disabled or economically disadvantaged on the basis of other discriminatory criteria as set forth in § 93.01 hereof;
         (b)   The establishment of housing set aside for and limited to the elderly or the disabled, provided that the establishment shall not discriminate on the basis of other discriminatory criteria as set forth in § 93.01 hereof;
         (c)   The establishment of same sex dormitories or portions thereof by educational facilities, provided that the establishment shall not discriminate on the basis of other discriminatory criteria as set forth in § 93.01 hereof; and
         (d)   The establishment of a hospital, convent, monastery, shelter, asylum or residential facility for the care and lodging of persons in need of special medical, rehabilitative, social or psychologic support, including, but not limited to, halfway houses, drug treatment centers, detoxification facilities, shelters for the homeless and the like.
   (I)   It shall be an unlawful practice for any bank, financial institution or any other credit-granting or approving institution or person, including a retail store that sells goods or services on credit, directly or indirectly to discriminate in the granting, reporting, approval or extension of any form of loan or credit to any person because of the race, color, sex, age, religious creed, disability, limited English literacy, level of education, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the person. It shall not be an unlawful practice under this section to establish or review the credit worthiness as amount and source of income, employment history and credit references.
   (J)   It shall be an unlawful practice for any insurance company, insurance agent or person engaged in the service of providing insurance to refuse to insure any person or discriminate in the terms of insuring any person because of race, color, sex, age, religious creed, disability, limited English literacy, level of education, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the person, unless based on a bona fide actuarial determined insurance factor, such as the age or health of the person, that affects the risk for which insurance is being sought. In accordance with federal court cases, it is the intention of this section that actuarial data be gender-neutral.
   (K)   It shall be an unlawful practice for any bonding institution or person engaged in the service of providing financial and performance bonds to refuse to bond any person or discriminate in the terms of bonding because of the race, color, sex, age, religious creed, disability, limited English literacy, level of education, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the person.
   (L)   It shall be an unlawful practice for any educational facility directly or indirectly to fail or refuse to admit, or to curtail or terminate admission to, or to discriminate in the terms or conditions of educational services, programs, opportunities or curriculum offered by it to any person because of the race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the person. The following practices shall not be deemed unlawful:
      (1)   Educational programs or policies designed to effect affirmative action by giving special preference to women, racial minorities or veterans; provided that, the programs or policies shall not discriminate among women, racial minorities or veterans on the basis of other discriminatory criteria as set forth in § 93.01 hereof; and
      (2)   The establishment by an educational facility of special programs designed to assist or provide special training for the disabled, the elderly, individuals not fluent in English, or the economically disadvantaged; provided that, the selection shall not discriminate among the disabled, elderly, individuals not fluent in English, or the economically disadvantaged on the basis of other discriminatory criteria asset forth in § 93.01 hereof.
   (M)    It shall be an unlawful practice for any person that owns, leases, rents, operates, manages or in any manner controls a public accommodation directly or indirectly or who provides a public service, to withhold, deny, curtail or in any manner limit the full use of a public accommodation by any person, or discriminate against the person with respect to the use of the accommodation, because of the race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the person. It shall be an unlawful practice for any person directly or indirectly to advertise or otherwise publicize that any person is unwelcome to the full use of any public accommodation because of the race, color, disability or source of income of the person. The following practice shall not be deemed unlawful: the designation of a public accommodation for the exclusive or preferential use of the elderly or the disabled.
   (N)   It shall be an unlawful practice for any person to harass, intimidate, threaten, assault or otherwise discriminate against any person in or upon any accommodation because of national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of the person, or attempt to do so.
   (O)   It shall be an unlawful practice for any person to commit any act forbidden by this subchapter for any reason that would not have been asserted, wholly or partially, but for the race, color, sex, age, religious creed, disability, national origin or ancestry, marital status, family status, prior psychiatric treatment, health care, military status or source of income of any person.
   (P)   The Commission shall take all necessary steps to ensure that state laws regarding the rights of ex-offenders shall be enforced within the city.
   (Q)   The Commission shall take all necessary steps to prevent discrimination against those infected by the HIV virus within the city. The actions shall not be construed as to impede the lawful actions of public health authorities to protect the health of the public and the safety of health care workers.
   (R)   It shall be an unlawful practice for any person to aid, abet, incite, compel, coerce or conspire in the commission of any of the acts forbidden by this subchapter or to attempt to do so.
   (S)   It shall be an unlawful practice for any person to discharge, expel, evict, harass, retaliate in any manner or otherwise take action against any person because the person has opposed any act forbidden by this subchapter or because the person has filed a complaint, testified or assisted in any proceeding under this subchapter.
(1967 Code, § 2-48)  (Ord. passed 3-10-1989)  Penalty, see § 93.99