Title 13 PUBLIC PEACE, MORALS AND WELFARE
Chapter 13.70 PROHIBITED DISCRIMINATORY PRACTICES
13.70.010 Findings.
13.70.020 Definitions.
13.70.030 Employment practices.
13.70.040 Housing and other real estate transactions.
13.70.050 Business establishments.
13.70.060 Educational institutions.
13.70.070 Liability.
13.70.080 Enforcement.
13.70.090 Limitation on action.
13.70.100 Preemption.
13.70.110 Exceptions.
13.70.010 Findings.
The board of supervisors of the county of Los Angeles finds that
discrimination or the fear of discrimination against persons with acquired
immune deficiency syndrome (AIDS) or conditions related to AIDS, and against
persons believed to have AIDS or conditions related to AIDS, discourages persons
from seeking medical treatment, counseling, education, and other services
related to this condition. In order to encourage persons to fully utilize such
services so that this condition can be diagnosed and treated and the risk of
transmission to others can be reduced, it is necessary that discrimination
against persons with AIDS or AIDS related conditions be clearly prohibited.
(Ord. 89-0015 § 1 (part), 1989.)
13.70.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be
construed as defined in this section:
A. “AIDS” shall mean the
disease or syndrome known as acquired immune deficiency syndrome as defined by
the United States Centers for Disease Control.
B. “AIDS related
condition” shall mean a clinical finding of AIDS related complex (ARC) or
the testing of positive to the antibody to the virus believed to result in AIDS,
sometimes known as HIV, HTLV-III, or LAV, regardless of whether any clinical
manifestation of AIDS or ARC are present. A person with an AIDS related
condition shall also include a person perceived to have AIDS, ARC, or to have
tested positive to the antibody to the virus that is believed to result in AIDS,
regardless of the accuracy of this perception.
C. Business
establishment” shall mean any entity, other than the state or a local
governmental entity, however organized, which furnishes goods or services to the
general public. An otherwise qualifying establishment which has membership
requirements is considered to furnish services to the general public if its
membership requirements: (1) consist only of payment of fees; or (2) consist of
requirements under which a substantial portion of the residents of the county
could qualify.
D. “Person” shall mean any natural person, firm,
corporation, partnership or other organization, association or group of persons,
however organized, but shall not include the state or a local governmental
entity. (Ord. 89-0015 § 1 (part), 1989.)
13.70.030 Employment practices.
A. It is unlawful for any employer to fail or refuse to hire, or to
discharge any individual, or otherwise to discriminate against any individual
with respect to compensation, terms, conditions or privileges of employment
because, in whole or in part, the individual has AIDS or an AIDS related
condition.
B. It is unlawful for an employer to limit, segregate or classify
employees or applicants for employment in any manner which would deprive or tend
to deprive any individual of employment opportunities, or adversely affect his
or her employment status because, in whole or in part, the individual has AIDS
or an AIDS related condition.
C. It is unlawful for an employment agency to
fail or refuse to refer for employment any individual or to otherwise
discriminate against any individual because, in whole or in part, the individual
has AIDS or an AIDS related condition.
D. It is unlawful for a labor
organization to fail or refuse to include in its membership or to otherwise
discriminate against any individual, to limit, segregate or classify its
membership, or to classify or fail or refuse to refer for employment any
individual in any way which would deprive or tend to deprive such individual of
employment opportunities, or to otherwise adversely affect an individual’s
status as an employee or as an applicant for employment because, in whole or in
part, the individual has AIDS or an AIDS related condition.
E. It is
unlawful for an employer, an employment agency, or a labor organization to
discriminate against any individual in admission to, or employment in, any
program established to provide apprenticeship, or other training or retraining,
including any on-the-job training program, because, in whole or in part, the
individual has AIDS or an AIDS related condition.
F. 1. Nothing contained in
this section shall be deemed to prohibit selection or rejection based upon a
bona fide occupational qualification.
2. In any action brought under this
chapter, if a party asserts that any otherwise unlawful practice is justified as
a bona fide occupational qualification, that party 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.
G. Nothing contained in this chapter shall make it unlawful
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.
H. No part of this section shall apply to the employment of
individuals to perform services in the place of residence of the employer. (Ord.
89-0015 § 1 (part), 1989.)
13.70.040 Housing and other real estate transactions.
A. It is unlawful for any person to interrupt, terminate, or fail or
refuse to initiate or conduct any transaction in real property, including but
not limited to the rental thereof, to require different terms for such
transaction, to include in the terms or conditions of a transaction in real
property any clause, condition or restriction, or to falsely represent that an
interest in real property is not available for transaction because, in whole or
in part, the individual has AIS or an AIDS related condition.
B. Nothing in
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 occupies
all or a portion of the same living unit in common with the prospective tenant.
(Ord. 89-0015 § 1 (part), 1989.)
13.70.050 Business establishments.
It is unlawful for any person to deny any individual the full and equal
enjoyment of the goods, services, facilities, privileges, advantages and
accommodations of any business establishment because, in whole or in part, the
individual has AIDS or an AIDS related condition. (Ord. 89-0015 § 1 (part),
1989.)
13.70.060 Educational institutions.
A. It is unlawful for any person to deny any individual admission to, or
the full and equal enjoyment of, or to impose different terms or conditions
upon, any service or program offered by an educational institution, or any of
the facilities thereof because, in whole or in part, the individual has AIDS or
an AIDS related condition.
B. Nothing contained in this chapter shall make
it unlawful for a religious or denominational institution to limit admission, or
give other preference to applicants of the same religion. (Ord. 89-0015 § 1
(part), 1989.)
13.70.070 Liability.
Any person who violates any of the provisions of this chapter or who aids
in the violation of any provisions of this chapter shall be liable for, and the
court shall award to any individual whose rights are violated, actual damages
and costs. (Ord. 89-0015 § 1 (part), 1989.)
13.70.080 Enforcement.
A. Civil Action. Any aggrieved person may enforce the provisions of this
chapter by means of a civil action.
B. Injunction. Any person who commits,
or proposes to commit, an act in violation of this chapter may be enjoined
therefrom by any court of competent jurisdiction. An action for injunction under
this subsection may be brought by any aggrieved person.
C. Dispute
Resolution Program. The dispute resolution program administered by the
department of community and senior citizen services may be utilized to resolve
disputes arising under this chapter. (Ord. 89-0015 § 1 (part),
1989.)
13.70.090 Limitation on action.
Actions under this chapter must be filed within one year of the alleged
discriminatory acts. (Ord. 89-0015 § 1 (part), 1989.)
13.70.100 Preemption.
This chapter shall not apply to any act of discrimination to the extent
that regulation of such act is preempted by state or federal law. (Ord. 89-0015
§ 1 (part), 1989.)
13.70.110 Exceptions.
A. Nothing contained in this chapter shall be construed as prohibiting
conduct which would otherwise be considered unlawful hereunder, but which is
based upon a necessity to protect the health or safety of any individual or the
general public.
B. In any action brought under this chapter, if a party
asserts that a practice described by any other section of this chapter as being
unlawful is justified as necessary to protect the health or safety of an
individual or the general public, that party shall have the burden of proving:
(1) that the otherwise unlawful practice is in fact a necessary result of a
necessary course of conduct pursued to protect the health or safety or an
individual or the general public, and (2) that there exists no less
discriminatory means of satisfying the necessary protection of the individual or
general public. (Ord. 89-0015 § 1 (part), 1989.)
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