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.)