SR-606-001-01 (2)
6tJ6-oo/-o/
CA:RHM:rm4900a
GIty CouncIl MeetIng 9-25-84
Santa MonIca, CalIfornia
STAFF REPORT
'-e
5EP 2 5 198.f
TO:
Mayor and CIty Gouncll
FROM:
Glty Attorney
SUBJECT:
Ordinance Adding Chapter 9 to ArtIcle IV
Relating to DlscrimInatIon on the BaSIS of
Sexual OrIentation
At lts meetIng on July 24, 1984, the CIty CouncIl
dIrected the Glty Attorney to prepare an ordInance prohIbIting
dIscrmInatlon on the baSlS of sexual orIentation.
In response
to thIS directlon, the accompanYIng ordinance has been
prepared and IS presented for Glty CouncIl conslderatlon.
The accompanYIng ordInance adds Chapter 9 to ArtIcle IV
of the Santa MonIca MunIcipal Code. The ordInance IS modeled
after the one adopted by the City of Los Angeles with the
followlng modIficatIons:
1. The definltlon of sexual orIentation contaIned in
the ordinance of the CIty of Oakland has been utilized.
2. SectIon 4902 relatlng to employment discrimInation
has been amended to add an exemption for employees performIng
serVIces WIthin the place of reSIdence of the employer.
3. The provision contaIned In the GIty of Los Angeles
ordlnance precludIng crlmInal penaltIes has been deleted.
4. SectIon 4910 contaIns a general exemptIon from the
entIre Chapter for bona fide relIgIOUS organIzatIons.
1
P-c
SEP 2 S 1984
5. MInor language changes have been made.
RECOMMENDATION
It IS respectfully recommended that the accompanying
ordInance be introduced for fIrst readIng.
PREPARED BY: Robert M. Myers, CIty Attorney
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CA:RMM:rm4900
City Council Meeting 9-25-84
Santa Monica, CalIfornIa
ORDINANCE NUMBER
(City CouncIl Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 9
TO ARTICLE IV OF THE SANTA MONICA
MUNICIPAL CODE REGARDING DISCRIMINATION
ON THE BASIS OF SEXUAL ORIENTATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1.
Chapter 9 IS added to ArtIcle IV of the
Santa Monica MunIcipal Code to read as follows:
Chapter 9
DISCRIMINATION ON THE BASIS
OF SEXUAL ORIENTATION
SECTION
4900.
Statement of
Po li cy .
DIscriminatIon
based
on
sexual orientatIon eXIsts in the CIty
of Santa MonIca. Such discrImInatIon
foments strIfe, unrest and dIscord and
deprIves
the CIty of the fullest
utIlIzation
of
It5 re50urces and
capacity for development and advance-
ment.
Such dIscrIminatIon poses a
substantial
threat to the health,
1
safety and welfare of the communlty.
EXlstlng state and federal restralnts
on arbltrary dlscrlminatlon are In-
adequate to meet the partlcular
problems of thlS Clty
SECTION 4901.
Definitions.
The
followlng words or phrases as used In
this Chapter shall have the followlng
meanings:
( a )
Buslness
Establishment.
Any entlty} however organized, WhICh
furnlshes goods or services to the
general public. An otherwlse quallfy-
Ing establlshment which has membership
requlrements IS considered to furnish
serVlces to the general public If lts
membershlp requlrements:
(1) conslst
only of payment of fees, or (2) con-
sist of requlrements under whIch a
substantlal portion of the residents
of the Clty of Santa Monica could
qualify.
(b) Indlvidual. The same as
the
term "person. "
Wherever this
Chapter
refers
to
the
sexual
orlentatlon of any indivldual, and the
2
indIVIdual IS a group, the phrase
shall mean the sexual orlentation of
any member of the group.
(c) Person.
Any
person as
deflned
1314.
in Municlpal Code SectIon
(d) S~xual Orlentatlon. Actual
or supposed homosexualIty,
heterosexualIty, or blsexuality, by
preference or practlce} including, but
not llmlted tOI an orlentatlon that
may be Imputed on the basls of man-
nerIsms, physIcal characteristlcs or
manner of dress.
SECTION 4902.
(a) Unlawful
Practlces.
Employment.
Employment
(1) Emolovers-Dlscrimina-
tlon. It shall be an unlawful employ-
ment practIce for an employer to fall
or refuse to hIre, or to dIscharge any
IndIvIdual, or otherwIse to dlS-
crlmlnate against any Individual with
respect to compensatIon, terms, condl-
tlons or prlvlleges of employment on
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the basis, In whole or In part, of
such IndIvIdual's sexual orlentatlon.
(2) Employers - Segreqa-
tion. It shall be an unlawful employ-
ment practIce for an employer to
limit, segregate or classify employees
or applicants for employment 1n any
manner which would deprive or tend to
depr1ve any 1ndividual of employment
opportunities, or adversely affect hiS
or her employment status on the basIs,
In whole or In part, of such in-
dividual's sexual or1entation.
(3) Employment Aqenc1es.
It shall be an unlawful employment
pract1ce for an employment agency to
fail or refuse to refer for employment
any 1ndividual or to otherwise dis-
criminate against any indIvidual on
the basis, In whole or 1n part, of
such IndIvIdual's sexual orIentation.
(4) Labor OrganIzations.
It shall be an unlawful employment
practIce for a labor organIzatIon to
fall Or refuse to 1nclude in 1ts mem-
bershlp
agaInst
or to
otherwise d1scriminate
any
IndIVIdual,
to limit,
4
segregate or classlfy lts membershlp,
to class1fy or fall or refuse to refer
for employment any 1ndivIdual in any
way Wh1Ch would deprive or tend to
depr1ve such lndlv1dual of employment
opportunltles, or to otherwlse ad-
versely affect an lnd1v1dual's status
as an employee or as an appl1cant for
employment on the bas1s, 1n whole or
1n part, of such 1nd1vidual's sexual
orIentatIon.
(5) Job TraInInq. It
shall be an unlawful employment prac-
tIce for an employer, an employment
agency or a labor organlzatlon to dlS-
crIm1nate aga1nst any Ind1vidual in
admIssion to, or employment In, any
program established to provIde appren-
tIceship or other tralnlng or retra1n-
lng, includIng any on-the-Job traInIng
program, on the basis, 1n whole or in
part, of such IndivIdual's sexual
orIentatIon.
(6) AdvertisIng. It
shall be an unlawful employment prac-
tIce for an employer, employment
agency or a labor organIzation to
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pr1nt, publlsh, advertIse or
disseminate 1n any way, any notIce or
advertisement with respect to employ-
ment, membershlp In, or any clas-
sIflcat10n or referral for employment
or traIning by any such organization,
WhICh Indicates that the employer,
employment agency or labor organiza-
tion engages or wIll engage In a
vIolatIon of this Section.
(b) Subterfuge. It shall be
unlawful to do any of the acts men-
tloned
that
wholly
In this Section for any reason
would not have been asserted
or partially, but for the
sexual orientation of any indIvldual.
(c) Bona FIde Occupational
Qual! fI cat ion.
(1 ) Bona
Flde
Occuoa-
tIonal Qualification. Noth1ng con-
tained In this SectIon shall be deemed
to prohIbIt selection or rejectIon
based upon a bona fIde occupational
qualifIcatIon.
( 2 )
Burden of Proof.
In
any action brought under Section 4907
of this Chapter, If a party asserts
6
that
an
otherwise
unlawful
d1scrlmlnatory pract1ce IS JustifIed
as a bona f1de occupational quallflca-
tlon, that party shall have the burden
of proving: (a) that the dlscrlmlna-
tlon IS In fact a necessary result of
a bona flde occupational qualIfIca-
tion; and (b) that there eXists no
less dlscrlmlnatory means of satisfy-
Ing the occupatIonal qualIficatIon.
(d) Exceptions.
(1) Employee BenefIt
Systems. It shall not be unlawful
dIscrImInatory practIce for an
employer to observe the condItIons of
a bona fIde employee benefIt system,
provided such system or plan is not a
subterfuge to evade the purposes of
thIs Chapter. No such system shall
provIde an excuse for faIlure to hIre
any Individual.
(2) In-Home Employment.
No part of thIS SectIon shall apply to
the employment of individuals to per-
form serVIces 1n the place of
resIdence of the employer.
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SECTION 4903. Houslnq and Other
Real Estate Transactlons
(a)
Unlawful
Real
Estate
Practlces.
(1) Transactions General-
ly. It shall be an unlawful real es-
tate practlce for any person to lnter-
rupt, termlnate, or fall or refuse to
initiate or conduct any transaction In
real property, lncluding but not
llmlted to the rental thereof, to
require different terms for such
transact lon, to lnclude in the terms
Or condltlons of a transaction In real
property
any clause,
condltlon or
restrlction, or to falsely represent
that an lnterest In real property is
not available for transaction on the
basls, In whole or in part, of any in-
divldual's sexual orientation.
(2) Credlt and Insurance.
It shall be an unlawful real estate
practlce for any person to refuse to
lend money, guarantee a loan, accept a
deed of trust or mortgage, or other-
Wlse refuse to make available funds
for
the
purchase,
acqulsltion,
8
construct1on, alterat1on, rehabilita-
tion, repa1r or ma1ntenance of real
property, to impose different condl-
t10ns on such fInanc1ng, to refuse to
prov1de t1tle or other 1nsurance
relat1ng to the ownership or use of
any interest 1n real property on the
bas1s, 1n whole or 1n part, of any 1n-
dIv1dual's sexual or1entat10n.
(3) Tenant Services. It
shall be an unlawful real estate prac-
t1ce for any person to refuse or
restr1ct fac1l1t1es, serv1ces, repa1rs
or improvements for any tenant or les-
see on the bas1s, 1n whole or 1n part,
of any 1nd1vidual's sexual
or1entatlon.
(4) Advert1s1ng. It
shall be an unlawful real estate prac-
t1ce for any person to make, pr1nt,
publIsh, advertIse or dISSemInate 1n
any way, any notice, statement, or ad-
vert1sement with respect to a transac-
t10n or proposed transactIon 1n real
property, or w1th respect to f1nancIng
related to any such transact1on, WhICh
unlawfully 1ndIcates or attempts to
9
IndIcate
any
unlawful preferenceJ
lImItatIon or dlscrlmlnation on the
basis, In whole or In part, of any In-
dIvidual's sexual orientation.
(b) Subterfuge. It shall be
unlawful to do any of the actIons men-
tIoned In thIS SectIon for any reason
that would not have been assertedJ
wholly or partially, but for the
sexual or1entation of any IndIvIdual.
(c) ExceptIons.
(1) Owner Occupied and
Small DwellIngs. NothIng 1n this
Chapter shall be construed to apply to
the rental or leasIng of any housing
unit In which the owner or lessor or
any member of hIS or her family oc-
cupIes one of the lIVIng units and
e1ther
( a )
1t 1S necessary for the
owner or lessor to use eIther a bath-
room or KItchen facility In common
WIth the prospectIve tenant or (b) the
structure contaIns less than three
dwel11ng unIts.
(2) Effect on Other Laws.
NothIng
deemed
1n thIS Chapter shall
to permit any rental
be
or
10
occupancy
commercIal
by law.
of any dwellIng unIt or
space otherWIse prohibIted
SECTION
EstablIshments_
(a) Unlawful BUSIness PractIce.
4904.
BUSIness
Genera~ly.
(1) BusIness PractIces
It shall be an unlawful
bUSIness practice for any person to
deny any IndIvIdual the full and equal
enjoyment of the goodsJ servlcesJ
facIlItIes, prIvIleges, advantages and
accomodatlons of any busIness estab-
lIshment on the basIs, In whole or In
part, of such IndIvIdual's sexual
orIentatIon.
( 2 ) Cred it.
It shall be
an unlawful busIness practIce for any
person to deny credIt to any In-
dIVIdual on the basIs, In whole or In
part, of such IndIvIdual's sexual
orIentatIon.
(3) AdvertIsIng_ It
shall be an unla~ful busIness practIce
for any person to make, prlntJ
publish, advertIse or dIssemInate in
11
any way any notIce, statement or ad-
vertIsement WIth respect to any
busIness establishment whIch IndIcates
that such establIshment engages or
wIll engage In any vIolation of thIS
SectIon.
(b) Subterfuge. I t shall be
unlawful to do any of the acts rnen-
tIoned
that
wholly
In thIS SectIon for any reason
would not have been asserted,
or partIally, but for the
sexual orlentation of any IndIvidual.
SECTION 4905.
Clty FacIlities
and Services.
(a) Unlawful Service Practices.
(1) CIty Facilities. It
shall be an unlawful serVIce practIce
for any person to deny any IndivIdual
the full and equal enJoyment of, or to
place d1fferent terms and condltions
on the availab1lIty of, the use of any
CIty faC1llty on the basis, 1n whole
or 1n part} of such 1ndlvidual's
sexual orlentat1on.
(2) .Clty
SerVIces.
It
shall be an unlawful service practIce
12
for any person to deny any lndlvldual
the full and equal enJoyment of, or to
Impose dIfferent terms or conditIons
on the avaIlabIlIty of, any Clty ser-
Vlce on the basIs, In whole or In
part,
of such lndividual's sexual
orlentatlon.
(3) Sup~orted Facillties
and SerVIces. It shall be an unlawful
serVIce practlce for any person to
deny any Indlvidual the full and equal
enJoyment of, or to Impose different
terms and conditIons upon the
availabIlIty of, any servIce, program
or faCIlIty wholly or partially funded
or otherWIse supported by the Clty of
Santa MonIca, on the basis, 1n whole
or in part, of such lndlvldual's
sexual orlentatlon.
ThIS subsectlon
shall not apply to any faclllty, ser-
VIce or program which does not recelve
any assistance from the CIty of Santa
MonIca WhiCh 1S not provlded to the
publIC generally.
(4) AdvertIsIng. It
shall be an unlawful serVIce practice
for
any
person
to make, prlnt)
13
publIsh,
advertIse or dIssemInate In
any way any notIce, statement or ad-
vertisement wIth respect to any ser-
VIce or fac1l1ty provided by e1ther
the CIty of Santa MonIca or an or-
ganizatIon descrIbed in subsection (3)
WhICh 1ndicates that the CIty of Santa
MonIca or an organ1zation described In
subsection (3) engages In or WIll eng-
age 1n a v1olatlon of th1S Section.
(bl Subterfuge. It shall be an
unlawful discrImInatory pract1ce to do
any of the acts mentioned in th1S
SectIon for any reason which would not
have been asserted, wholly or partial-
ly, but for the sexual orientatIon of
any indlv1dual.
SECTION
Instltut1ons.
4906
Educational
(a)
Unlawful
EducatIonal
PractIces.
(1) ~dmlsslon.
It shall
be an unlawful educatIonal practice
for any person to deny admission, or
to lmpose dIfferent terms or
conditions on admISSion, on the baSIS,
14
1n whole or 1n part, of such
ind1Vldual's sexual orlentatlon.
(2) SerVlces.
It shall
be an unlawful educatlonal practlce
for any person to deny any lndivldual
the full and equal enjoyment of, or to
lmpose d1fferent terms or condltlons
upon the avallabll1ty of, any service
or program offered by an educatlonal
1nst1tutlon on the bas1s, 1n whole or
1n part, of such 1nd1vidual's sexual
or1entat1on.
(3) Facil1t1es.
It shall
be an unlawful educat10nal pract1ce
for any person to deny any 1ndlvldual
the full and equal enjoyment of, or to
lmpose dlfferent terms or condltions
upon the avallability of, any faC1lity
owned or operated by an educational
InstItution on the bas1s, 1n whole or
In part, of such IndIvldual's sexual
orlentatlon.
(4) Advertlslna.
It
shall be an unlawful educatIonal prac-
tlce for any person to make, prlnt,
publ1Sh, advertise or dissemlnate In
any way any notice,
statement or ad-
15
vert1sement
educatlonal
w1th
respect
to
an
instltution
WhICh
Ind1cates that such 1nstltutlon eng-
ages 1n, or wIll engage In a violatIon
of th1S Sect10n.
(b) Subterfuqe. It shall be an
unlawful d1scr1minatory practlce to do
any of the acts mentioned 1n this
Section for any reason WhICh would not
have been asserted, wholly or partial-
ly, but for the sexual orIentatIon of
any IndIvIdual.
(c) Exception. It shall not be
an unlawful d1scrlminatory practice
for a rel1g1ous or denomInational in-
stItutIon to lImIt adm1ss1on, or gIve
other preference to applIcants of the
same rel1glon.
SECTION 4907. Llabil1ty. Any
person who violates any of the provi-
sions of th1S Chapter or who a1ds In
the v10lat1on of any provisions of
th1S Chapter shall be lIable for} and
the court shall award to the 1n-
dlvldual whose rIghts are VIolated,
actual
damages,
costs,
attorneys'
16
.
fees, and not less than Two Hundred
Dollars ($200) but not more than Four
Hundred Dollars ($400) In addition
thereto. The court may, In such cir-
cumstances that It deems approprIate,
award punltlve damages.
SECTION 4908.
(a) Clvll
Enforcement.
ActIon. Any
ag-
grIeved person may enforce the provI-
SIons of this Chapter by means of a
ClV1l action.
(b) InjunctIon. Any person who
commIts, or proposes to commIt, an act
1n v1olation of thIS Chapter may be
enJo1ned therefrom by any court of
competent jurIsdlctlon. An action for
injunctIon under thIS subsectlon may
be brought by any aggrIeved person, by
the city Attorney, or by any person or
entlty whIch wlll fairly and adequate-
ly represent the Interests of the
protected class
17
.
SECTION
4909.
LimItation on
Action. Actions under this Chapter
must be filed wIthin one year of the
alleged dIscrIminatory acts.
SECTION 4910. General Exceotion
for ReligIous Organizations. No part
of thiS Chapter shall apply to bona
fide relIgious organizatIons.
SECTION 2. Any prOVIsion of the Santa MonIca MunICIpal
Code or appendices thereto Inconsistent WIth the provIsions of
thIS ordinance, to the extent of such InconsistencIes and no
further} are hereby repealed or modified to that extent neces-
sary to affect the prOVIsIons of this ordinance.
SECTION 3. If any sectIon} subsectIon} sentence}
clause, or phrase of thIS ordInance IS for any reason held to
be invalid or unconstitutional by a deCISIon of any court of
competent JurisdictIon, such decIsion shall not affect the
valIdIty of the remaIning portIons of the ordinance. The City
CouncIl hereby declares that It would have passed this or-
dInance and each and every sectlon, subsectIon, sentence,
clause or phrase not declared InvalId or unconstItutional
Without regard to whether any portIon of the ordInance would
be subsequently declared Invalid or unconstItutIonal.
SECTION 4. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City Clerk
18
.
shall cause the same to be publlshed once In the official
newspaper wlthin 15 days after Its adoptlon. The ordinance
shall become effectlve 30 days from Its adoptlon.
APPROVED AS TO FORM:
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iI
ROBERT M. MYERS
CIty Attorney
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