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§ 19-1 TITLE 10 — POLICE REGULATIONS § 19-1 Chapter 19 NON-DISCRIMINATION IN EMPLOYMENT AND HOUSING PRACTICES Sec. 19-1: Purpose and Declaration of Policy Sec. 19-2: Definitions Sec. 19-3: Prohibited Discriminatory Acts Sec. 19-4: Exceptions Sec. 19-5: Penalty Sec. 19-6: Unlawful Intimidation, Retaliation, and Interference Sec. 19-7. No Private Right of Action or Money Damages. Sec. 19-1. Purpose and Declaration of Policy A. The City has determined that discrimination on the basis of sexual orientation and/or gender identity/expression shall be prohibited, as set out in this Chapter, in order to help ensure that all persons, regardless of sexual orientation and/or gender expression/identity, are afforded equal opportunities for employment, in housing, commercial property, and in the use of public accommodations. B. It is hereby declared that every person in the City has the right to work and to earn wages through gainful employment, has the right to seek housing, and has the right to enjoy public accommodation and hospitality. C. It is hereby declared to be the public policy of the City to foster employment of all persons in accordance with their abilities. Discriminatory employment practices are detrimental because they impede the social and economic progress of a city by preventing all of the city's occupants from contributing to the cultural, spiritual, social, and commercial life of the community. Such contributions are fundamental components of the City's growth, vitality, and prosperity. D. It is the intent of this Chapter that all persons be treated fairly and equally. It is the express intent of this Chapter to foster and support fair and equal treatment under the law to all people in the City. The denial of fair and equal treatment under the law due to sexual orientation and/or gender identity/expression is detrimental to the health, safety, and welfare of the city's occupants, and such damages a city's economic well-being. E. This Chapter shall be deemed an exercise of the police power of the City for the protection of the public welfare, prosperity, health and peace of the City, its residents, occupants, and the community at large. F. The prohibitions against discriminatory acts, as provided for in this Chapter, are intended to supplement state and federal civil rights laws and regulations prohibiting discrimination in the areas of employment, public accommodations, and housing; therefor, this Chapter shall not apply to complaints alleging discrimination on a basis proscribed under state or federal law (e.g. race, color, religious creed, ancestry, age, sex, national origin, familial status, veteran’s status, and/or disability). G. Nothing in this Chapter is intended to alter or abridge other rights, protections, or privileges secured under state and/or federal law. This Chapter shall not create a private cause of action, nor shall it create any right or remedy that is the same or substantially equivalent to remedy provided under federal or state law. H. This Chapter shall not create any special rights or privileges which would not be available to all of the City’s citizens because every person has a sexual orientation and a gender identity. I. This Chapter shall be construed and applied in a manner consistent with First Amendment jurisprudence regarding the freedom of speech and exercise of religion. (Ord. 2013-06, 04/01/2013) ---PAGE BREAK--- § 19-2 TITLE 10 — POLICE REGULATIONS § 19-2 Sec. 19-2. Definitions. A. Deny. Any act which, directly or indirectly, by any person or their agent or employee, results or is intended to or calculated to result in whole or in part in any discrimination, distinction, restriction, or unequal treatment or representation. It also includes, but is not limited to, requiring a person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from persons admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions and limitations established by law and applicable alike to all persons, regardless of sexual orientation and/or gender expression/identity, B. Discrimination. Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person’s actual or perceived sexual orientation or gender identity/expression or because of a person’s association with any such person. “Discrimination” shall not mean and shall not be interpreted to require or to grant or to accord any preferential treatment to any person because of that person’s sexual orientation or gender expression/identity. C. Educational Institution. A public or private institution, including an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business; nursing, professional, secretarial, technical, or vocational school; or agent of such an educational institution. D. Full Enjoyment. The right to use, rent or purchase real property; any service, commodity or article of personal property offered or sold by any person or establishment to the public; and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement; free from acts directly or indirectly causing persons of any particular sexual orientation and/or gender identity/expression to be treated as not welcome, accepted, desired or solicited. E. Gender Identity/Expression. Actual or perceived gender-related characteristics, identity, appearance, expression or behavior of a person, regardless of such person's biological or assigned sex at birth. F. Housing Accommodation. A building or portion of a building (as defined in the Zoning Code), whether constructed or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters for occupants. G. Otherwise Qualified. A person who possesses the following bona fide job related qualifications required by an employer for any particular job, job classification, or position: education; training; ability; character; integrity; disposition to work; adherence to reasonable rules and regulations; and other bona fide job related qualifications required by an employer. H. Place of Public Resort, Accommodation, Assemblage or Amusement. Any public place, licensed or unlicensed, kept for gain, hire or reward, or where charges are made for admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging/storing of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or ---PAGE BREAK--- § 19-2 TITLE 10 — POLICE REGULATIONS § 19-5 assembles for amusement, recreation or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care facilities or children's camps. Nothing herein contained shall be construed to include, or apply to, any institute, bona fide club, or place of accommodation, which is by its nature private, provided that where public use is permitted, such use shall be covered by this definition. This definition excludes any educational facility operated or maintained by a bona fide religious or sectarian institution. I. Sexual Orientation. Actual or perceived homosexuality, heterosexuality, and/or bisexuality. (Ord. 2013-06, 04/01/2013) Sec. 19-3. Prohibited Discriminatory Acts. The following acts are prohibited: A. Employment. To deny to a person otherwise qualified the right to work because of sexual orientation and/or gender identity/expression by: 1. failing or refusing to hire; 2. discharging from employment; 3. barring from employment; 4. discriminating against a person in compensation or in other terms or conditions of employment; or 5. otherwise discriminating against a person with respect to employment. B. Use. To deny to or to discriminate against any person because of sexual orientation and/or gender identity/expression, the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage, or amusement. C. Housing. To deny to or discriminate against a person because of sexual orientation and/or gender identity/expression in the sale, purchase, lease or rental of any housing accommodation, or to otherwise discriminate in the terms and conditions, maintenance, improvement or repair of any housing accommodation. (Ord. 2013-06, 04/01/2013) Sec. 19-4. Exceptions. A. This Chapter shall not apply to: 1. A religious corporation, association, educational institution, or society, trust or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole. 2. An expressive association whose employment of a person protected by this Chapter would significantly burden such association’s rights of expressive association under Boy Scouts of America v. Dale, 530 U.S. 640 (2000). 3. The United States government, any of its departments or agencies, or any corporation wholly owned by it; or the state of Idaho or any of its departments, agencies, or political subdivisions, except the City of Moscow, Idaho. B. This Chapter shall not apply to: 1. the rental of a dwelling unit within a two family dwelling where the owner of the two family dwelling, or a relative of the owner, resides within one of such dwelling unit(s), as such terms are defined by the Zoning Code; or 2. the rental of rooms within a Boarding House, as defined by the Zoning Code and the Idaho Code. (Ord. 2013-06, 04/01/2013) Sec. 19-5. Penalty. A. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to this Code. B. A violation may be reduced to an infraction, payable by a fine as set from time to time by Resolution of the Council, if the defendant engages in corrective actions, which may include, but are not ---PAGE BREAK--- § 19-5 TITLE 10 — POLICE REGULATIONS § 19-7 limited to the following: sensitivity training for the defendant and/or the defendant’s employees; the defendant’s agreement to adopt and pursue a policy of nondiscrimination in its practices; and/or the defendant’s agreement to not engage in discriminatory practices in the future. There shall be no right to a trial by jury for an infraction. C. A complaint filed under the provisions of this Chapter shall be filed within one hundred eighty (180) days of the alleged discriminatory conduct. (Ord. 2013-06, 04/01/2013) Sec. 19-6. Unlawful Intimidation, Retaliation, and Interference. It shall be unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, for assisting, or participating in the investigation in any manner, or participating in mediation related to this Chapter. (Ord. 2013-06, 04/01/2013) Sec. 19-7. No Private Right of Action or Money Damages. There is no private right or cause of action created by this Chapter. No money damages are available to any person based on this Chapter. (Ord. 2013-06, 04/01/2013)