Chapter 9.32
DISCRIMINATION BASED ON SEXUAL ORIENTATION
Sections:
9.32.020 Unlawful practices designated.
9.32.040 Violations – Remedies.
9.32.050 Limitation on action.
9.32.010 Definitions.
A. “Business establishment” means any entity, however organized, which furnishes goods or services to the general public. An entity which has membership requirements is considered to furnish goods or services to the general public if its membership requirements consist only of payment of fees, or consist of membership requirements under which a substantial portion of the residents of this county could qualify.
B. “Discrimination” means any act, policy or practice which, regardless of intent, has the effect of subjecting any person to differential treatment.
C. “Person” means any natural person, firm, corporation, partnership or other organization, association or group of persons, however organized.
D. “Real estate transaction” means the sale, repair, improvement, lease, rental or occupancy of any interest or portion of any interest in real property, and shall also include the extension of credit, financing, insurance or services in connection with the sale, repair, improvement, lease, rental or occupancy of any such interest in real property.
E. “Sexual orientation” means male or female homosexuality, heterosexuality and bisexuality, by preference or practice. (Ord. 384 § 5(part), 1984; Ord. 294 §§ 1(part) and 2(part), 1980).
9.32.020 Unlawful practices designated.
A. No person shall discriminate in any way against another person as a result of such other person’s sexual orientation, actual or supposed, with respect to any of the following activities:
1. Any aspect of employment or union membership, including the opportunity for such employment and membership;
2. Any real estate transaction, except a transaction involving the lease, rental or occupancy of a part of a single-family residential unit occupied by the owner, lessor, or a member of his or her family;
3. The furnishing of goods and services by a business establishment;
4. The providing of services and the use of facilities, made available to the general public by the city or by other entities, public and private, which are wholly or partially funded or otherwise supported by the city.
B. Specific exceptions to unlawful practices described above are as follows:
1. With respect to employment, an otherwise unlawful practice by an employer is not unlawful if it is based upon a bona fide occupational qualification. A person who contends that an otherwise unlawful practice is justified as a bona fide occupational qualification shall have the burden of proving:
a. That the discrimination is in fact a necessary result of a bona fide occupational qualification; and
b. That there exists no less-discriminatory means of satisfying the occupational qualification.
2. With respect to employment, the regulations of dress and conduct by an employer are not an unlawful practice if the regulations are job-related and are applied equally and fairly to all employees. An employer who contends that the regulations of dress and conduct do not constitute an unlawful practice has the burden of proving that the regulations are job-related and applied equally and fairly to all employees.
3. With respect to employment, observance by an employer of the conditions of a bona fide seniority system or a bona fide employee benefit system is not an unlawful practice, provided that such systems or plans are not a subterfuge to evade the purposes of this chapter.
4. With respect to employment, the refusal or failure of one person to employ another person due to such other person’s sexual orientation, actual or supposed, is not an unlawful practice, if the work to be performed involves domestic services or child care, or both, to be performed within a residential unit occupied by the employer or a member of his or her family.
5. This chapter shall not apply to any entity, however organized, which is created expressly for the purpose of providing services to the general public on behalf of a bona fide religious organization. This exception shall not apply, however, if the services are wholly or partially funded or otherwise supported by any governmental entity.
C. No person shall make, print, publish or disseminate any statement which indicates that he or she engages in or will engage in any practice prohibited by this chapter. (Ord. 384 § 5(part), 1984; Ord. 294 §§ 1(part) and 2(part), 1980).
9.32.030 Notices.
A. Every employer with fifteen or more employees, every labor organization with fifteen or more members, and every employment agency shall post and keep posted, in conspicuous places upon its premises where notices to employees and applications for employment and members are customarily posted, the following notice:
“Discrimination on the basis of sexual orientation is prohibited by law. Cotati Municipal Code, Section 9.32.020."
B. Notwithstanding the above, the notice requirement may be complied with by adding the words “sexual orientation” to all notices required by federal or state law, and indicating on the notice that discrimination on the basis of sexual orientation is prohibited by Cotati Municipal Code, Section 9.32.020. (Ord. 384 § 5(part), 1984; Ord. 294 §§ 1(part) and 2(part), 1980).
9.32.040 Violations – Remedies.
A. Infraction. Any person who violates Sections 9.32.020C or 9.32.030 shall be guilty of an infraction, and shall be punished by a fine not exceeding fifty dollars for the first violation, a fine not exceeding one hundred dollars for a second violation of these sections within one year, and a fine not exceeding two hundred fifty dollars for each additional violation of these sections within one year.
B. Misdemeanor. The violation of provisions of this chapter shall not constitute a misdemeanor.
C. Civil. Any person who violates any provision of this chapter, except Sections 9.32.020C or 9.32.030, shall be liable to the aggrieved person for actual damages suffered, for costs of court, for attorneys’ fees, for punitive damages in appropriate circumstances and, in addition thereto, for an amount not less than two hundred fifty dollars, nor more than five thousand dollars, and may be enjoined from continuing such violation. (Ord. 384 § 5(part), 1984; Ord. 294 §§ 1(part) and 2(part), 1980).
9.32.050 Limitation on action.
Judicial action to enforce the provisions of this chapter in a civil action must be filed within one year of the alleged discriminatory act. (Ord. 384 § 5(part), 1984; Ord. 294 §§ 1(part) and 2(part), 1980).