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response 15 of 23:
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Apr 13 07:22 UTC 1998 |
here's the wording of the ypsilanti ordinance. the outcome of the
may 5 vote will determine whether it's overturned.
this is the ypsilanti ordinace (300 lines):
non-discrimination ordinance for the city of ypsilanti
enacted december 16, 1997
by a unanimous vote of the ypsilanti city council
i. intent.
it is the intent of the city that no person be denied
the equal protection of the laws; nor shall any person be denied
the enjoyment of his or her civil or political rights or be
discriminated against because of race, color, religion, national
origin, sex, sexual orientation, age, marital status, having a
disability, familial status, educational association, source of
income, height or weight.
nothing herein contained shall be construed to prohibit
any affirmative action laws passed by any level of government.
further, nothing in this chapter shall be construed to establish
affirmative action for any of the classes defined herein.
ii. definitions.
as used in this chapter, the following words and phrases
have the following meanings:
(1) "age." chronological age.
(2) "contractor." a person who by contract furnishes
services, materials or supplies. "contractor" does not include
persons who are merely creditors or debtors of the city, such as
those holding the city's notes or bonds or persons whose notes,
bonds or stock is held by the city.
(3) "discriminate." to subject anyone to different or
separate treatment, based in whole or in part, on the person's
actual or perceived race, color, religion, national origin, sex,
sexual orientation, age, marital status, having a disability,
familial status, educational association, height, or weight.
discrimination based on sex includes sexual harassment,
which means unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct or communication of a sexual
nature when:
(i) submission to such conduct or communication is made
a term or condition either explicitly or implicitly to obtain
employment, public accommodations or housing.
(ii) submission to or rejection of such conduct or
communication by an individual is used as a factor in decisions
affecting such individual's employment, public accommodations or
housing.
(iii) such conduct or communication has the purpose or
effect of substantially interfering with an individual's
employment, public accommodations or housing, or creating an
intimidating, hostile, or offensive employment, public
accommodations, or housing environment.
(iv) prohibited conduct constitutes sexual harassment
whether it occurs between people of the same or opposite sex.
(4) "educational association." the fact of being
enrolled or not enrolled at any educational institution.
(5) "employer." a person employing five (5) or more
persons.
(6) "familial status." the state of being related by
blood or affinity to the fourth degree.
(7) "minority." a person who is african-american,
native american, spanish-surnamed or asian.
(8) "housing facility." any dwelling unit or facility
used for a person to regularly sleep and keep personal
belongings including, but not limited to, a house, apartment,
rooming house, housing cooperative, hotel, motel, tourist home,
retirement home or nursing home.
(9) "marital status." the state of being married,
unmarried, divorced, separated or widowed.
(10) "disability." a functional limitation that
interferes with a person's ability to see, walk, lift, hear or
learn. it may refer to a physical, sensory or mental condition
unrelated to one's ability to safely perform the work involved
in jobs or positions available to such person for hire or promotion
or a limitation of physical capabilities unrelated to one's ability
to acquire, rent and maintain property. impairment refers to loss
or abnormality of an organ or body mechanism, which may result in
disability.
(11) "place of public accommodation." an educational,
governmental, health, day care, entertainment, cultural,
recreational, refreshment, transportation, financial institution,
accommodation, business or other facility of any kind, whose goods,
services, facilities, privileges, advantages or accommodations are
extended, offered, sold or otherwise made available to the public,
or which receives financial support through the solicitation of the
general public or through governmental subsidy of any kind.
(12) "sexual orientation." heterosexuality, male or
female homosexuality, bisexuality or gender identity.
(13) "income" means any of the following:
(i) commissions, earnings, salaries, wages, and other
income due or to be due in the future to an individual from his or
her employer and successor employers.
(ii) a payment due or to be due in the future to an
individual from a profit-sharing plan, a pension plan, an insurance
contract, an annuity, social security, unemployment compensation,
supplemental unemployment benefits, or worker's compensation.
(iii) an amount of money that is due to an individual as
a debt of another individual, partnership, association, or private
or public corporation, the united states or a federal agency, this
state or a political subdivision of this state, another state, or
another legal entity that is indebted to the individual.
(14) "person." any individual, business, whether
incorporated or not, or any governmental entity.
iii. discriminatory housing practices.
(1) no person shall discriminate in leasing, selling or
otherwise making available any housing facilities.
(2) no person shall discriminate in the terms,
conditions, maintenance or repair in providing any housing
facility.
(3) no person shall refuse to lend money for the
purchase or repair of any real property solely because of the
location in the city of such real property.
(4) no person shall promote real estate transactions by
representing that changes are occurring or will occur in an area
with respect to race, religion, sexual orientation, or national
origin.
(5) no person shall place a sign or other display on any
real property which indicates that the property is for sale or has
been sold when it is not for sale or has not recently been sold.
iv. discriminatory public accommodation practices.
no person shall discriminate in making available access
to all goods, services, activities, privileges and accommodations
of any place of public accommodation.
v. discriminatory employment practices.
(1) no person shall discriminate in the employment,
compensation, work classifications, conditions or terms, promotion
or demotion, or termination of employment of any person.
(2) no person shall discriminate in limiting membership,
conditions of membership or termination of membership in any labor
union or apprenticeship program.
vi. other prohibited practices.
(1) 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.
(2) no person shall discriminate in the publication or
distribution of advertising material, information or solicitation
regarding housing, employment or public accommodations.
(3) 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.
(4) no person shall coerce, threaten or retaliate against
a person for making a complaint or assisting in the investigation
regarding a violation or alleged violation of this chapter, nor
require, request, conspire with, assist or coerce another person
to retaliate against a person for making a complaint or assisting
in an investigation.
(5) no person shall conspire with, assist, coerce or
request another person to discriminate in any manner prohibited by
this chapter.
vii. information and investigation.
(1) all persons claiming to be aggrieved by a
discriminatory or unfair practice may, by themselves or by counsel,
file with the city attorney a verified, written complaint which
shall state the details, name and address of the person(s) or
entity alleged to have committed the discriminatory or unfair
practice.
(2) after filing of a verified complaint, a true copy
shall be served within ten (10) days by certified mail on the
person against whom the complaint is filed.
(3) the city attorney shall refer this complaint to
appropriate city departmental units and agencies for
investigation as to the basis of the complaint.
(4) after sufficient review and determination, the city
attorney shall issue a written opinion to the commission whether
probable cause exists to believe a discriminatory practice or
practices occurred as alleged by the complainant.
(5) for an investigation, a person may be required to
produce books, papers, records or other documents that may be
relevant to a violation or alleged violations of this chapter.
if said person does not comply with such request, the city attorney
may apply to washtenaw county circuit court for an order requiring
production of said materials.
(6) if it is determined that no probable cause exists,
the city attorney shall notify the complainant and respondent in
writing of the dismissal of the complaint.
viii. conciliation agreements and mediation.
(1) if probable cause has been determined, the human
relations commission shall notify the complainant and respondent
of mediation. participation in mediation is voluntary, and either
party may reject the offer to mediate. if the mediation request is
accepted, the notice shall inform the parties of the identity of
the mediator and shall request a time for the mediation to occur,
no later than 45 days from the date probable cause was determined.
mediation shall be an informal
process conducted by the human relations commission in accordance
with the procedures established by the city council.
(2) mediation sessions are not open to the public, but
any resolution of the dispute reached through mediation shall not
be final until released by the human relations commission.
violations of such agreements shall be violations of this chapter.
ix. injunctions.
nothing in this ordinance shall prohibit an aggrieved
person(s) from commencing civil action to obtain injunctive relief
to prevent discrimination prohibited by this chapter.
x. discriminatory effects.
no person shall adopt, enforce or employ any policy or
requirement which has the effect of creating unequal opportunities
according to race, color, religion, national origin, sex, sexual
orientation, age, source of income, familial status, educational
association, marital status, having a disability, height or weight
for a person to obtain housing, employment or public accommodation,
except for a bona fide business necessity. such a necessity does
not arise due to a mere inconvenience or because of suspected or
actual objection to such a person by neighbors, customers, or other
persons.
xi. exceptions.
notwithstanding anything contained in this chapter, the
following practices shall not be violations of this chapter.
(1) this ordinance shall not be construed to prohibit or
interfere with the exercise of a person's first amendment rights.
(2) 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 persons
of the denomination involved or to restrict employment opportunities
for officers, religious instructors and clergy.
(3) 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.
(4) to limit occupancy in a housing project or to
provide public accommodations or employment privileges or assistance
to persons of low income, over fifty-five (55) years of age or who
are handicapped.
(5) to engage in a bona fide effort to establish or enforce
an affirmative action program to improve opportunities in employment
for minorities and women.
(6) to discriminate based on a person's age when state,
federal or local law requires such discrimination.
(7) to refuse to enter into a contract with an
unemancipated minor.
(8) to refuse to admit to a place of public
accommodation serving alcoholic beverages a person under the legal
age for purchasing alcoholic beverages.
(9) to refuse to admit person(s) under eighteen (18)
years of age to a business providing entertainment or selling
literature or merchandise of a sexually explicit matter as defined
by michigan compiled laws section 722.671 et seq.
(10) for an educational institution to limit the use of
its facilities to those affiliated with such institution.
(11) to provide discounts on products or service(s) to
students, minors and/or senior citizens.
(12) for a person to discriminate in any arrangement for
the sharing of his or her own dwelling unit in which that person
resides.
(13) to restrict use of lavatories and locker room
facilities on the basis of sex.
(14) to use marital status limitations in health or
pension plans if they conform to federal and state laws and
regulations.
xii. affirmative action by city contractors.
(1) all contractors proposing to do business with the
city of ypsilanti shall abide by ypsilanti city ordinance no.1.251
et seq., chapter 5, as amended.
xiii. penalties
(1) a violation of any provision of this chapter is a
civil infraction punishable by a fine of not more than $500.00 plus
all costs of the action. a court of competent jurisdiction may
issue and enforce any judgment, writ, or order necessary to enforce
this chapter. this may include, but is not limited to,
reinstatement, payment of lost wages, hiring, or promotion, sale,
exchange, lease or sublease of real property, admission to a place
of public accommodation, or other relief deemed appropriate.
(2) nothing contained in this chapter shall be
constituted to limit in any way the remedies, legal or equitable,
which are available to the city or any other person for the
prevention or correction of discrimination.
xiv. private actions for damages or injunctive relief.
(1) an individual who is the victim of discriminatory
action in violation of this chapter may bring a civil action for
appropriate injunctive relief or damages or both against the
person(s) who acted in violation of this chapter.
(2) as used in this chapter, "damages" includes any
injury or loss caused by each violation of this chapter, including,
but not limited to, reasonable attorneys fees.
(3) private actions and remedies under this section are
in addition to any actions for violations that the city may take.
xv. limitation of action
(1) no complaint shall be accepted nor action taken
unless filed within one year from the date of the alleged unlawful
practice. where the alleged unlawful practice is of a continuing
nature, the limitation period shall not commence to run until the
unlawful practice has ceased.
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