ARTICLE III. DISCRIMINATION
DIVISION 1. GENERALLY
78-56 Intent.
It is hereby declared to be contrary to the public policy of the City of Pontiac (City) for any person to deny any individual the enjoyment of civil rights, or for any person to discriminate against any individual in the exercise of civil rights because of actual or perceived color, race, religion or creed, sex, gender identity or expression, sexual orientation, national origin, genotype, age, marital status, familial status, medical condition, disability, height, weight, or source of lawful income (cumulatively known as protected classes).
(Ord. No. 2435, 3-12-24)
78-57 Definitions.
As used in this chapter, the following words and phrases shall mean:
Age means the length of time in years that an individual has lived.
Agent means any person acting on behalf of an employment, housing, public accommodation, or public services entity.
Bias means a tendency, opinion, or inclination that is preconceived, unreasoned or based on protected class status including, but not limited to, prejudice in favor of or against one person or group compared with another, usually in a way considered to be unfair or based on stereotypes.
Bona fide occupational qualification means a condition, characteristic, or factor which informs decisions and conduct with respect to a protected class in the area of employment when there are no less discriminatory means, but which is lawful, reasonable, necessary, and narrowly tailored to the safe, efficient, and standard operation of the employer, as further described in this chapter.
City means the City of Pontiac, Michigan.
Color means pigmentation of the skin.
Conviction record means the history of all criminal convictions of an individual in any jurisdiction, including time served in prison, jail, juvenile detention, probation, rehabilitation or diversionary programs, or placement on a sex offender registry.
Creed means a system of beliefs, principles, or opinions that guides an individual’s actions.
Disability means a physical or mental characteristic of an individual which may result from disease, injury, congenital condition, or functional disorder, if the characteristic:
(1) For purposes of employment, substantially limits one or more of the major life activities of an individual but is unrelated to that individual’s qualifications for employment or ability to perform the duties of a particular job or position; or
(2) For purposes of public accommodation, is unrelated to an individual’s ability to use and benefit from a place of public accommodation or public service; or
(3) For purposes of housing, substantially limits one or more of an individual’s major life activities but is unrelated to that individual’s ability to acquire, rent or maintain property.
(4) For the purposes of this chapter, disability shall include, but not be limited to, the use of adaptive aids, devices, or guides, but shall not include temporary impairments associated with drug or alcohol consumption.
Discrimination means to make or refrain from making a decision, selectively furnish or withhold access, or act or threaten to act in an adverse way in the areas of employment, housing, public accommodation, public services, or other benefit, based in whole or in part on the actual or perceived status of an individual as a member of a protected class. Discrimination includes:
(1) The use of facially neutral practices that have an adverse impact on members of a protected class.
(2) Harassment directed at a protected class; harassment does not need to be both severe and pervasive.
(3) Any act which results in unequal treatment or segregation of an individual.
Employee means an individual performing lawful work for another person who does not share familial status with that person, in exchange for monetary compensation.
Employer means any person compensating one or more individuals for the performance of work in a lawful business or enterprise.
Equal means subject alike to all requirements, qualifications, conditions, and considerations that are not prohibited grounds of discrimination.
Familial status means an individual’s position within the network of that individual’s biological and legal relations within three degrees of consanguinity, or through marriage, adoption or other legal custodial relationship.
Gender identity or expression means an individual’s actual or perceived sex including identity, self-image, appearance, expression, or behavior, whether or not that identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the individual’s biological sex assigned at birth.
Genotype means the genetic constitution of an individual.
Harassment means conduct or communication directed at another individual intentionally for the purpose or effect of creating an intimidating, hostile, or offensive environment with regard to employment, public accommodation, public services, or housing.
Height means length of an individual’s body as measured in feet and inches.
Housing means any real property, building, structure, or portion thereof which is used or occupied, or is intended to be used or occupied, as the home or residence of one or more individuals. This includes, but is not limited to, a house, apartment, condominium unit, rooming house, housing cooperative, homeless shelter, hotel, motel, tourist home, retirement home, or nursing home.
Marital status means the state of being married, remarried, never married, divorced, or widowed.
Medical condition means all past or present physical or mental health diagnoses, treatments, and procedures an individual has received, associated symptoms and risk factors, and effects of such diagnoses, treatments, and procedures.
National origin means an individual’s nation of origin, or the physical, cultural, or linguistic characteristics associated with that nation or a part thereof.
Perceived means the perception of the person who committed the action, but not necessarily the perception of the individual for or against whom the action was taken.
Person means an individual, association, partnership, agency, organization, or corporation, public or private, including all employees thereof. The term, when applied to partnerships, associations, and corporations, includes members and officers.
Protected class means any group or status identified in this chapter.
Public accommodation means a facility, including a governmental entity or business, offering or furnishing goods, services, places, privileges, or advantages to the general public for purchase, consumption, use, or acquisition, including, but not limited to, hotels, motels, housing, restaurants, taverns, concert and entertainment venues, retail and service enterprises, public services, and certain educational institutions. Public services include those goods or services provided by the City in the public interest to the people living within its jurisdiction, either directly or under contract.
Race means the perceived status of human beings as belonging to distinct groups based on inherited characteristics primarily identified by skin color, and which is a social construct unsupported by the science of genetics.
Religion means a particular system of faith and worship.
Retaliation means adverse action taken against the person who filed a complaint or participated in a complaint investigation under the Human Rights Ordinance.
Sex means the biological designation of male or female assigned at birth. For gender, see definition above.
Sexual harassment means a type of discrimination including, but not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
(1) Submission to such conduct or communication by an individual is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodation, public services, or housing.
(2) Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment, public accommodation, public services, or housing.
(3) Such conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodation, public services, or housing, or creating an intimidating, hostile, or offensive employment, public accommodation, public services, or housing environment.
Sexual orientation means an individual’s sexual and/or romantic identity in relation to the gender(s) to which the individual is attracted, or the absence of such sexual and/or romantic identity.
Source of lawful income means any lawful source of money paid directly to an individual or family or indirectly on behalf of an individual or family, including, but not limited to:
(1) Money derived from any lawful profession or occupation.
(2) Money derived from any contract, agreement, loan, or settlement; from any court order, such as court-ordered child support or alimony; from any gift or bequest; or from any annuity or life insurance policy.
(3) Money derived from any benefit or subsidy program, including, but not limited to, any housing assistance, such as Housing Choice Vouchers, Veterans Affairs Supportive Housing (VASH) Vouchers, or any other form of housing assistance payment or credit whether or not paid or attributed directly to a landlord; public assistance; emergency rental assistance; unemployment; child support; spousal support; disability benefits; veterans benefit; Social Security or other retirement program; supplemental security income; VA and FHA loans, or other program administered by any federal, state, or local agency or nonprofit entity.
Weight means the body mass of an individual measured in pounds.
(Ord. No. 2435, 3-12-24)
78-58 In general.
(a) No person shall adopt, enforce, or employ any policy, requirement, qualification, practice, or factor which has the effect of creating unequal treatment or opportunities relating to housing, employment, public accommodations or public services on the basis of actual or perceived membership in a protected class as defined in this chapter, except as exempted under section 78-64, Exceptions.
(b) The prohibitions against discrimination as provided for in this chapter shall not be deemed preempted by state or federal law, but are intended to supplement such law.
(c) This chapter shall be construed and applied in a manner consistent with the First and Fourteenth Amendments of the U.S. Constitution and Art. I, § 2 of the Constitution of Michigan regarding freedom of speech and free exercise of religion.
(Ord. No. 2435, 3-12-24)
78-59 Discriminatory housing practices.
(a) The opportunity to purchase, lease, rent, sell, use, convey, and finance housing without discrimination on the basis of actual or perceived membership in a protected class as identified in this chapter is hereby recognized and declared to be a civil right.
(b) The provisions of section 78-66 shall also apply to discriminatory housing practices, including but not limited to those provisions governing discriminatory housing and financial practices, exceptions, blockbusting, and violations.
(c) In addition to the exemptions contained in section 78-64, the following considerations may result in exceptions to discriminatory housing practices:
(1) Safety. Any decision based upon the reasonable and well-substantiated belief that an individual’s physical or mental health poses a serious threat to the health, safety, and welfare of the individual, other residents, or other persons.
(2) Conviction record. History of criminal conviction may be considered in housing decisions, although arrest with no conviction may not be considered. An outright ban on prospective tenants with a criminal background is prohibited. Landlords must carefully consider, on a case-by-case basis, the nature and severity of the crime, the age of the individual at the time of the crime, whether there have been repeat offenses, whether the individual maintained a good tenant history before or after the conviction, evidence of rehabilitation efforts, and whether the crime for which the individual was convicted may pose a demonstrable risk to the health, safety or welfare of other residents or persons (which would include manufacturing or distributing illegal drugs) or to property.
(3) Competence. Any decision which is based upon the reasonable and well-substantiated belief that an individual is incapable of satisfactorily fulfilling reasonable responsibilities associated with the housing arrangement.
(4) The following are not legitimate exceptions:
a. The anticipated or actual objections of other residents, neighbors, or persons.
b. Mere inconvenience, less than an undue hardship, to a housing agent in procuring or providing reasonable aid to a member of a protected class to accommodate that individual’s needs.
(Ord. No. 2435, 3-12-24)
78-60 Discriminatory employment practices.
(a) No person shall discriminate in the hire, employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any individual.
(b) No person shall discriminate in limiting membership, conditions of membership or termination of membership in any labor union or apprenticeship program.
(Ord. No. 2435, 3-12-24)
78-61 Discriminatory public accommodation practices.
No person shall discriminate in making available full and equal access to all goods, services, activities, privileges and accommodations of any place of public accommodation. No person shall prohibit a breastfeeding mother from or segregate a breastfeeding mother within any public accommodation where she and the child would otherwise be authorized to be.
(Ord. No. 2435, 3-12-24)
78-62 Other prohibited practices.
(a) No person shall adopt, enforce or employ any policy or requirement, publish, post or broadcast any advertisement, sign or notice which discriminates or indicates discrimination in providing housing, employment or public accommodations.
(b) No person shall discriminate in the publication or distribution of advertising material, information or solicitation regarding housing, employment or public accommodations.
(c) No agent, broker, labor union, employment agency or any other intermediary shall discriminate in making referrals, listings or providing information with regard to housing, employment or public accommodations. A report of the conviction of any such person for a violation of this chapter shall be made to the applicable licensing or regulatory agency for such person or business.
(d) No person shall coerce, threaten or retaliate against an individual for making a complaint or assisting in the investigation regarding a violation or alleged violation of this chapter, nor require, conspire with, assist or coerce another person to retaliate against an individual for making a complaint or assisting in an investigation.
(e) No person shall conspire with, assist or coerce another person to discriminate in any manner prohibited by this chapter.
(f) No person shall discriminate against individuals based on their use of a government-issued identification card and all persons shall accept a government-issued identification card as valid identification unless:
(1) There are reasonable grounds for determining that the government-issued identification card is counterfeit, altered, or improperly issued to the individual or that the individual presenting the government-issued identification card is not the individual to whom it was issued; or
(2) Federal law, state law, or a valid court order requires the person to obtain different identification from the individual presenting the identification.
(Ord. No. 2435, 3-12-24)
78-63 Nondiscrimination by City contractors.
(a) All contractors proposing to do business with the City shall satisfy the City Code, and any policies based thereon as adopted by the City.
(b) A contractor shall, as a condition of being deemed a responsible bidder, at the time of its submission to the City in responding to an invitation to bid or request for proposal, certify in writing that it is in compliance with the provisions of this chapter, and any applicable policies.
(c) Each City contract shall provide that a breach of the obligation not to discriminate shall be considered a material breach of the contract.
(Ord. No. 2435, 3-12-24)
78-64 Exceptions.
Notwithstanding anything contained in this chapter, the following practices shall not be violations of this chapter:
(a) Source of lawful income exceptions. Exceptions listed in subsections (a)(1) through (5) of this section shall exclusively apply to “source of lawful income” for housing as defined in this chapter.
(1) For the owner of an owner-occupied one-family or two-family dwelling, or a housing facility or public accommodation facility, respectively, devoted entirely to the housing and accommodation of individuals of one sex, to restrict occupancy and use on the basis of sex.
(2) Rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the person owning the dwelling actually maintains and occupies one of such living quarters as his or her residence.
(3) For the owner of a property where the property is subject to an agreement with the City, county, state, or federal government that sets aside some or all units in the property for income-restricted housing to ensure access and/or affordability for low-income and moderate-income tenants or any tax-credit programs.
(4) For the owner when any housing assistance is not approved by the appropriate agency within 30 days after the landlord has provided all information required as a condition of the agency’s approval, including evidence that all repairs required before occupancy have been completed.
(5) Income that a prospective tenant cannot demonstrate is derived from sources and activities permitted by law and is provided on an ongoing basis.
(b) General exceptions.
(1) For a religious organization or institution to restrict any of its facilities of housing or accommodations which are operated as a direct part of religious activities to individuals of the denomination involved or to restrict employment opportunities for officers, religious instructors, and clergy to individuals of that denomination.
(2) To limit occupancy in a housing project or to provide public accommodations or employment privileges or assistance to individuals who are of low income, over 55 years of age or disabled, in circumstances in which such limitations are appropriately designated.
(3) To engage in a bona fide effort to establish an affirmative action program to improve opportunities in employment for groups, including, but not limited to, minorities and women, where allowed or required by law.
(4) To discriminate based on an individual’s age when such discrimination is required by state, federal or local law.
(5) To refuse to enter a contract with an unemancipated minor.
(6) To refuse to admit to a place of public accommodation serving alcoholic beverages an individual under the legal age for purchasing alcoholic beverages.
(7) To refuse to admit individuals under 18 years of age to a business providing entertainment or selling literature which the operator of said business deems unsuitable for minors.
(8) For an educational institution to limit the use of its facilities to those affiliated with such institution.
(9) To provide discounts on products or service to students, minors, veterans, and senior citizens.
(10) To discriminate in any arrangement for the sharing of a dwelling unit by an individual who is sharing the unit.
(11) To restrict use of lavatories and locker room facilities on the basis of sex.
(12) For a governmental institution to restrict any of its facilities or to restrict employment opportunities based on duly adopted institutional policies that conform to federal and state laws and regulations.
(13) To restrict participation in an instructional program, athletic event or on an athletic team on the basis of age or sex.
(14) To restrict employment on the basis of a bona fide occupational qualification.
(15) Nothing herein contained shall be construed to prohibit any affirmative action laws passed by any level of government. Preferential treatment of, or benefits conferred on, any of the classes protected from discrimination under this chapter are permissible to the extent allowed by law.
(Ord. No. 2435, 3-12-24)
78-65 Right to private action.
(a) Nothing contained in this chapter shall be construed to limit in any way the remedies, legal or equitable, available to the City or any person for the prevention or correction of discrimination including, but not limited to, false information pursuant to the City Code or false report of a crime pursuant to the Michigan Penal Code, MCL 750.411a. Such remedies shall be governed by applicable law.
(b) To the extent allowed by law, an individual who is the victim of discriminatory action in violation of this article may bring a civil action for appropriate injunctive relief or damages or both against the person(s) who acted in violation of this chapter.
(c) Person aggrieved includes a person whose right created, granted or protected by article III, division 2 of this chapter is violated by a covered entity directly or through conduct of the covered entity to which the person’s agent or employee is subjected while the agent or employee was acting, or as a result of the agent or employee having acted, within the scope of the agency or employment relationship. For purposes of this subsection, an agent or employee’s protected status is imputed to that person’s principal or employer when the agent or employee acts within the scope of the agency or employment relationship. It is irrelevant whether or not the covered entity knows of the agency or employment relationship.
(d) A person is aggrieved even if that person’s only injury is the deprivation of a right granted or protected by article III, division 2 of this chapter.
(e) As used in subsection (b) of this section, damages means damages for injury or loss caused by each violation of this chapter, including reasonable attorney fees.
(Ord. No. 2435, 3-12-24)
DIVISION 2. HOUSING
78-66 Prohibited.
No owner of real property, lessee, sublessee, real estate broker or salesman, builder or supplier of building materials, lender, financial institution, advertiser, or agent of such designated persons shall discriminate against any other person because of the religion, source of lawful income, race, color or national origin of such other person in regard to the sale, rental of or dealings concerning real property located in the City.
(Code 1985, § 14-149; Ord. No. 2435, 3-12-24)
78-67 Exceptions for certain types of dwellings.
The provisions of this article shall not apply to:
(1) The rental of a room or rooms to two or less persons in a single dwelling unit.
(2) A duplex dwelling.
(3) If a three apartment dwelling, where the remainder of such dwelling is occupied as a home by the owner or a member of his immediate family or by the lessee of the entire structure or a member of his immediate family.
(Code 1985, § 14-150)
78-68 Public offers or preferences.
(a) Nothing in this article shall require anyone owning or possessing an interest in real property to offer the property to the public at large before selling or renting such interest.
(b) This article shall not prohibit owners or possessors of an interest in real property or their agents from giving preference to prospective tenants or purchasers for any reason other than religion, race, color or national origin.
(Code 1985, § 14-151)
78-69 Limitation on remedies or actions.
Nothing in this article shall be construed as a limitation to the right of access by an individual to remedies before the state civil rights commission or before the courts of this state on an individual basis. This article shall not prohibit the cooperation between the city and the state civil rights commission.
(Code 1985, § 14-152)
78-70 Limitation on human relations commission.
Nothing in this article shall be interpreted as limiting, impairing or in any way repealing the functions or existing powers of the human relations commission of the city.
(Code 1985, § 14-153)
78-71 Prohibited representations.
(a) No person shall induce, directly or indirectly, or attempt to induce, directly or indirectly, the sale, rental or listing for sale or rental of real property by representing that change has occurred or will or may occur with respect to the religious, racial, color or national origin composition of the block, neighborhood or area in which the property is located.
(b) No representation shall be made to any prospective purchaser or tenant that any block, neighborhood or area has, will or might undergo a change with respect to the religious, race, color or national origin composition of the block, neighborhood or area, for the purpose of discouraging the purchase of property in a particular area.
(Code 1985, § 14-154)
78-72 Coercion, threats and conspiracy prohibited.
No person by threat, intimidation, coercion, extortion or conspiracy shall induce or attempt to induce any person owning an interest or leasing an interest in real property in the city to sell, rent or lease, or not to sell, rent or lease, such real property to any person because of such person’s race, religion, color or national origin.
(Code 1985, § 14-155)