Title
Amending Chapter 183 of the Legislative Code pertaining to human rights protections for persons with disabilities.
Body
SECTION 1
WHEREAS, Chapter 183 of the City’s Legislative Code is the City’s Human Rights Ordinance; and
WHEREAS, federal law explicitly protects qualified persons with a disability stemming from past or inactive alcohol or drug abuse; and
WHEREAS, the City’s eligibility for federal grants depends on the City meeting federal standards for providing protection for qualified persons with disabilities; and
WHEREAS, the City desires to use more inclusive language focusing on the person who has the disability, rather than the disability itself; and
WHEREAS, using the term “person with a disability” is more person-centered than the term “disabled person”; and
WHEREAS, per section 183.26, the provisions of Chapter 183 are “to be construed liberally” to accomplish the purposes of the ordinance; now, therefore, be it
RESOLVED, that the City Council of the City of Saint Paul does ordain:
SECTION 2
Section 183.01 of the City of Saint Paul Legislative Code is hereby amended as follows:
Section 183.01. Declaration of policy.
The council finds that discrimination in employment, education, real property, public accommodations, public services, contract, and franchise based on race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status or status with regard to public assistance adversely affects the health, welfare, peace and safety of the community. Persons subject to such discrimination suffer depressed living conditions, poverty and lack of hope, injuring the public welfare, placing a burden upon the public treasury to ameliorate the conditions thus produced, and creating conditions which endanger the public peace and order. The public policy of Saint Paul is to foster equal opportunity for all to obtain employment, education, real property, public accommodations, public services, contract and franchise without regard to their race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status or status with regard to public assistance, and strictly in accord with their individual merits as human beings.
The City of Saint Paul complies with Federal civil rights laws and is committed to providing its programs and services without discrimination in accordance with: Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin (including language); Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability; Title IX of the Education Amendments Act of 1972, which prohibits discrimination based on sex in education programs or activities; Age Discrimination Act of 1975, which prohibits discrimination based on age; and U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs.
SECTION 3
Section 183.02 of the City of Saint Paul Legislative Code is hereby amended as follows:
For the purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them in this section:
(1) Age. Prohibitions of discriminatory practices with regard to age shall be limited to persons who have passed the age of majority, which is eighteen (18).
(2) Aggrieved person. Any person who claims to have been injured or continues to be injured by a discriminatory practice. In the case of real property, an aggrieved person can also be someone who "will be injured" by a discriminatory housing practice.
(3) Charge of discrimination. Initial document filed by the complainant or the director alleging a prima facie case of discrimination.
(4) Complaint of discrimination. Document issued by the director to initiate a civil enforcement hearing after a cause determination has been made on a charge of discrimination.
(5) To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(6) Closed case file means a file containing human rights investigative data in which an order or other decision resolving the alleged or suspected discrimination has been made or issued by the director, a panel of three (3) commissioners, or a court, and the time for any reconsideration of or appeal from the order or decision has expired.
(7) Confidential, private, and public data on individuals and protected nonpublic data not on individuals, and any other terms concerning the availability of civil rights investigative data have the meanings provided them by Minnesota Statutes, Section 13.02 of the Minnesota Government Data Practices Act.
(8) Disability means any condition or characteristic that renders a person a disabled person. A disabled person with a disability is any person who:
(a) Has a physical, sensory, or mental impairment which materially limits one (1) or more of such person's major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
(9) Discriminate or discrimination includes all unequal treatment of any person by reason of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status or status with regard to public assistance. For purposes of discrimination based on sex, it includes sexual harassment.
(10) Education includes all educational services and all other services offered by educational institutions, whether organized for profit or otherwise, which are open to or solicit the patronage of the general public.
(11) Elderly person means a person who is at least fifty-five (55) years of age.
(12) Employee includes every person who works for wages, salary, or commissions or any combination thereof, and in context the term also includes those who are seeking or applying for employment.
(13) Employer includes all persons, firms, or corporations, wherever situated, who employ one (1) or more employees within the city, or who solicit individuals within the city to apply for employment within the city or elsewhere; the term includes the city itself, the board of education, and all other political subdivisions, public corporations, and governmental units conducting any activity within the city. An employer includes a person, firm or corporation which hires temporary employees through an employment service.
(14) Employment agency includes all persons, firms, or corporations, including government agencies and charitable institutions, who with or without compensation undertake to refer persons to potential employment.
(15) Familial status means the condition of one (1) or more minors being domiciled with their parent or parents or legal guardian or the designee of the parent or parents or guardian. The protection afforded against discrimination on the basis of familial status applies to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.
(16) Human rights investigative data means tape recordings or written documents issued or gathered by the department for the purpose of investigating and litigating alleged or suspected discrimination.
(17) Labor union includes any formal or informal organization which includes among its purposes the representation of one (1) or more employees of an employer or employers with respect to wages, hours, working conditions or grievances.
(18) Marital status means whether a person is single, married, remarried, divorced, separated or a surviving spouse and, in employment cases, including protection against discrimination on the basis of the identity, situation, actions or beliefs of a spouse or former spouse.
(19) Open case file means a file containing human rights investigative data in which no order or other decision resolving the alleged or suspected discrimination has been issued by the director, a panel of three (3) commissioners, or a court, or a file in which an order or other decision has been issued but the time for any reconsideration or appeal of the order or decision has either not yet expired or the reconsideration or appeal is then pending.
(20) Person includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, receivers, political subdivisions, boards, commissions, and their officers and agents. For real property cases, a person is defined as stated by the Fair Housing Act.
(21) Physical access means the absence of physical obstacles that limit a disabled person's with a disability opportunity for full and equal use of or benefit from goods, services and privileges; or, when necessary the use of methods to overcome the discriminatory effect of physical obstacles. The methods may include redesign of equipment, assignment of aides or use of alternate accessible locations.
(22) Program access means:
(a) The use of auxiliary aids or services to ensure full and equal use of or benefit from goods, services and privileges; and
(b) The absence of criteria or methods of administration that directly, indirectly or through contractual or other arrangements have the effect of subjecting qualified disabled persons with a disability to discrimination on the basis of disability or have the effect of defeating or impairing the accomplishment of the objectives of the program.
(23) Public accommodations include every business accommodation, refreshment, entertainment, recreation, or transportation facility, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold or otherwise made available to the public. By way of example, but not of limitation, "public accommodation" includes facilities of the following types:
(a) A facility providing service relating to travel or transportation;
(b) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing salon, or other establishment conducted to serve the health, appearance or physical condition of the individual;
(c) A comfort station, dispensary, clinic, hospital, convalescent or nursing home or other institution for the ill or infirm, or a mortuary;
(d) A hotel, motel, resort, restaurant or RV park.
However, nothing in this chapter shall prohibit discrimination on the basis of sex in such facilities as rest rooms, locker rooms and other similar places.
(24) Public services include any public facility, department, agency, board or commission operated or managed by or on behalf of the city, and any public facility, department, agency, board or commission operated by any other unit of government which does business in or provides public services in the city or to the residents of the city.
(25) Qualified disabled person with a disability means:
(a) With respect to employment, a disabled person with a disability who, with or without reasonable accommodation, can perform the essential functions required of the job in question; and
(b) With respect to services and programs, a disabled person with a disability who, with physical and program access, meets the essential eligibility criteria required of all applicants for the program or service in question.
For purposes of this definition, disability excludes any condition resulting from current or active alcohol or drug abuse which prevents a person from performing the essential functions of the job in question or constitutes a direct threat to the health or safety of others or would result in substantial physical damage to or unlawful conversion of the property of others.
If a respondent contends that the person is not a qualified disabled person with a disability, the burden is on the respondent to prove that it was reasonable to conclude the disabled person with a disability, with reasonable accommodation, could not have met the requirements of the job or that the selected person was demonstrably better able to perform the job.
(26) Real estate broker or salesperson means, respectively, a real estate broker as defined by Minnesota Statutes, ch. 82 and a real estate salesperson as defined by Minnesota Statutes, ch. 82.
(27) Real property includes real estate, tenements and hereditaments, corporeal and incorporeal.
(28) Sex includes but is not limited to gender identity, pregnancy, childbirth, disabilities related to pregnancy or childbirth, and sexual harassment.
(29) Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical contact or other verbal or physical conduct or communication of a sexual nature when:
(a) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing;
(b) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment, public accommodations or public services, education, or housing; or
(c) That conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment; and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.
When employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.
(30) Sexual or affectional orientation means having or being perceived as having an emotional or physical attachment to another consenting adult person, or having or being perceived as having an orientation for such attachment.
(31) Status with regard to public assistance means the condition of being a recipient of federal, state or local assistance, including medical assistance, or of being a tenant receiving federal, state or local subsidies including rental assistance or rent supplements.
(32) Gender identity means a person's actual or perceived self-image or identity as expressed through dress, appearance, behavior, speech or similar characteristics, whether or not traditionally associated with the person's physical anatomy, chromosomal sex, or sex at birth.
SECTION 4
Section 183.03 of the Saint Paul Legislative Code is hereby amended as follows:
Sec. 183.03. Prohibited acts in employment.
Except when based on a bona fide occupational qualification, it shall be unlawful:
(1) For a labor union to discriminate by doing any of the following:
a. To deny full and equal membership rights to an applicant for membership or a member;
b. To expel a member from membership;
c. To discriminate against a member or applicant with respect to hire, tenure, referral, apprenticeship, compensation, terms, upgrading or other conditions or privileges of employment;
d. To fail to classify properly or refer for employment or otherwise to discriminate against a person or member.
(2) For an employer to discriminate in any of the following:
a. To refuse to hire an applicant for employment;
b. To discharge an employee;
c. To discriminate against an employee with respect to hire, tenure, referral, apprenticeship, compensation, terms, upgrading, or other conditions or privileges of employment;
d. To do or commit any other act with respect to an employee or applicant.
(3) For an employment agency to discriminate by doing any of the following:
a. To refuse or fail to accept, register, properly classify or refer for employment any person; or
b. To comply with any request by an employer for referral of applicants if the request indicates directly or indirectly that the employer fails to comply with the requirements of this chapter;
c. To do or to commit any other act with respect to an applicant for referral or employment.
(4) For an employer, employment agency or labor organization, before a person is employed by an employer or admitted to membership in a labor organization:
a. To require or request any applicant or employee to furnish information respecting their race, creed, religion, color, sex, sexual or affectional orientation, familial status, national origin, ancestry, age, disability, marital status or status with regard to public assistance, except where required by a governmental agency; or, subject to section 183.031(2), to require or request a person to undergo physical examination; unless for the sole and exclusive purpose of national security, information pertaining to national origin is required by the United Sates, this state or a political subdivision or agency of the United States, or for the sole and exclusive purpose of complying with the public contracts or any rule, regulation or law of the United States or of this state requiring the information or examination. A law enforcement agency may, after notifying an applicant for a peace officer or part-time officer position, that the law enforcement agency is commencing the background investigation on the applicant, request the applicant's date of birth, gender and race on a separate form for the sole and exclusive purpose of conducting a criminal history check, a driver's license check and fingerprint criminal history inquiry. The form shall include a statement indicating why the data is being collected and what its limited use will be. No document which has date of birth, gender or race information will be included in the information given to or available to any person who is involved in selecting the person or persons employed other than the background investigator. No person may act both as background investigator and be involved in the selection of an employee, except that the background investigator's report about background may be used in that selection as long as no direct or indirect references are made to the applicant's race, age or gender; or
b. To seek and obtain, for the purpose of making a job decision, information from any source that pertains to race, creed, religion, color, sex, sexual or affectional orientation, familial status, national origin, ancestry, age, disability, marital status or status with regard to public assistance; unless for the sole and exclusive purpose of complying with the public contracts act or any rule, regulation or law of the United States or this state requiring the information.
(5) For any person to discriminate by circulating or publishing any notice or advertisement relating to employment or membership in a labor union which indicates, directly or indirectly, any orientation, limitation, specification or discrimination. Any individual who is required or requested to provide information that is prohibited by this subsection is an aggrieved party under section 183.20.
(6) For an employer, employment agency or labor organization, with respect to all employment-related purposes, including receipt of benefits under fringe benefit programs, not to treat women affected by pregnancy, childbirth or disabilities related to pregnancy or childbirth, the same as other persons who are not so affected but who are similar in their ability or inability to work, including a duty to make reasonable accommodation under subsection (7).
(7) For an employer with twenty-five (25) or more permanent, full-time employees effective until June 30, 1994, and with fifteen (15) or more permanent full-time employees effective July 1, 1994, an employment agency or a labor organization not to make reasonable accommodation to the known disability of a qualified disabled person with disabilities, job applicant or a pregnant employee or job applicant who presents written documentation from her their health provider that she is they are unable to safely continue to perform her their usual job duties unless the employer, agency or organization can demonstrate that the accommodation would impose an undue hardship on the business, agency or organization. "Reasonable accommodation" means steps which must be taken to accommodate the known physical or mental limitations of a qualified disabled person with disabilities. "Reasonable accommodation" may include, but is not limited to, nor does it necessarily require:
a. Making facilities readily accessible to and usable by disabled persons with disabilities; and
b. Job restructuring, modified work schedules, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis.
In determining whether an accommodation would impose an undue hardship on the operation of a business or organization, factors to be considered include:
i. The overall size of the business or organization with respect to the number of employees or members and the number and type of facilities;
ii. The type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;
iii. The nature and cost of the needed accommodation;
iv. The reasonable ability to finance the accommodation at each site of business; and
v. Documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person with disabilities or with knowledgeable disabled persons with disabilities or organizations.
A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant.
The provisions of this section shall apply to a joint labor-industry apprenticeship committee or board and to each individual member thereof notwithstanding the employer members of such committee or board are not in fact the employer of an apprentice against whom an act of discrimination has been committed, to the extent the members of such committee or board participate in the act of discrimination.
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SECTION 5
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Section 183.031 of the Legislative Code is hereby amended as follows:
Sec. 183.031. Employment exemptions.
(a) The provisions of section 183.03 shall not apply to:
(1) The employment of any individual by his/her their parent, grandparent, spouse, child or grandchild or in the domestic service of any person;
(2) A religious or fraternal corporation, association or society, with respect to qualifications based on religion, when religion shall be a bona fide occupational qualification for employment;
(3) The employment of one (1) person in place of another, standing by itself, shall not be evidence of an unfair discriminatory practice;
(4) An age restriction applied uniformly and without exception to all individuals established by a bona fide apprenticeship program pursuant to Minnesota Statutes, Chapter 178, which limits participation to persons who enter the program prior to some specified age and the trade involved in the program predominantly consists of heavy physical labor or work on high structures;
(5) Neither shall the operation of a bona fide seniority system which mandates differences in such things as wages, hiring priorities, layoff priorities, vacation credit, and job assignments based on seniority be a violation of the age discrimination provisions of this chapter, so long as the operation of such system is not a subterfuge to evade the provisions of this chapter;
(6) With respect to age discrimination, a practice whereby a labor organization or employer offers or supplies varying insurance benefits or other fringe benefits to members or employees of differing ages, so long as the cost to the labor organization or employer for such benefits is reasonably equivalent for all members or employees;
(7) A restriction imposed by state statute, home rule charter, ordinance or civil service rule, and applied uniformly and without exception to all individuals, which established a maximum age for entry into employment as a peace officer or firefighter;
(8) By law or published retirement policy, a mandatory retirement age may be established without being a violation of this chapter if it is established consistent with Minnesota Statutes, Section 181.81. Nothing in this chapter nor in Minnesota Statutes, Section 181.81 shall prohibit employee pension retirement plans from granting pension credit to employees over the age of sixty-five (65) at a lesser rate than is granted to other employees; provided that in no event may an employee's accumulated pension credits be reduced by continued employment, and further provided that no other state or federal law is violated by the reduced rate of pension credit accrual. Nothing in this chapter shall be construed to prohibit the establishment of differential privileges, benefits, services or facilities for persons of designated ages if:
a. Such differential treatment is provided pursuant to statute; or
b. The designated age is greater than fifty-nine (59) years or less than twenty-one (21).
Clause b. above does not apply to hiring, tenure, compensation, upgrading or conditions of employment.
(9) Nothing in this chapter concerning age discrimination shall be construed to validate or permit age requirements which have disproportionate impact on persons of any class otherwise protected by this chapter.
(b) It is not a violation of this chapter for an employer, employment agency or labor organization:
(1) To require or request a person to undergo physical examination, which may include a medical history, for the purpose of determining the person's capability to perform available employment, provided:
a. That an offer of employment has been made on condition that the person meets the physical and mental requirements of the job, except that a law enforcement agency filling a peace officer position may require or request an applicant to undergo psychological evaluation before a job offer is made, provided that the psychological evaluation is for those job-related abilities set forth by the board of peace officer standards and training for psychological evaluations and is otherwise lawful;
b. That the examination tests only for essential job-related abilities; and
c. That the examination, unless limited to determining whether the person's disability would prevent performance on the job, is required of all persons conditionally offered employment for the same position regardless of disability; or
(2) With the consent of the employee, after employment has commenced, to obtain additional medical information for the purposes of assessing continuing ability to perform the job and employee health insurance eligibility or for the purposes mandated by state or federal law;
(3) To administer pre-employment tests, provided that the tests measure only essentially job-related abilities; are required of all applicants for the same position regardless of disability unless limited to determining whether the person's disability would prevent performance on the job; and accurately measure the applicant's aptitude, achievement level, or whatever factors they purport to measure rather than reflecting the applicant's impairment of sensory, manual or speaking skills, except when those skills are the factors the tests purport to measure;
(4) To limit receipt of benefits payable under a fringe benefit plan for disabilities to that period of time which a licensed physician reasonably determines a person is unable to work; or
(5) To provide special safety considerations for pregnant women involved in tasks which are potentially hazardous to the health of the unborn child, as determined by medical criteria.
(c) Nothing in this chapter shall be construed to prohibit any program, service, facility or privilege afforded to a person with a disability which is intended to habilitate, rehabilitate or accommodate that person. It is a defense to a complaint brought under the employment provisions of this chapter that the person bringing the complaint or action has a disability which in the circumstances and even with reasonable accommodation, as defined in section 183.03(7), poses a serious threat to the health or safety of the disabled person with disabilities or others. The burden of proving this defense is upon the respondent.
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SECTION 6
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Section 183.05 of the Legislative Code is hereby amended as follows:
Sec. 183.05. Prohibited acts in education.
It shall be unlawful:
(1) To discriminate in any manner with respect to access to, use of or benefit from any institution of education or services and facilities rendered in connection therewith, except that a school operated by a religious denomination may require membership in such denomination as condition of enrollment.
(2) To discriminate against a person enrolled as a student by excluding, expelling or taking other actions against them.
(3) To make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information, or to make or keep a record that indicates discrimination against a person seeking admission.
(4) To fail to ensure physical and program access for disabled persons with disabilities. For purposes of this paragraph, program access includes, but is not limited to, providing taped texts, interpreters or other methods of making orally delivered materials available, readers in libraries, adapted classroom equipment, and similar auxiliary aids or services. Program access does not include providing attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
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SECTION 7
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Section 183.06 of the Legislative Code is hereby amended as follows:
It shall be unlawful to discriminate against any person based on the protected classes identified in Section 183.01 of either the buyer or renter, a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or any person associated with the buyer or renter regarding the following:
(1) For anyone:
a. To discriminate by refusing to: sell, rent, lease; or to offer for sale, rental, or lease; or to negotiate for the sale, rental, or lease; or by representing that real property is not available for inspection, sale, rental, or lease when in fact it is so available; or otherwise make unavailable to any person any property or any facilities of real property; or
b. To discriminate against any person in the terms, conditions, or privileges of the sale, rental or lease of any real property or in the full and equal enjoyment of services, facilities, privileges and accommodations or in the furnishing of facilities or services in connection therewith; except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or
c. To make statements, print, circulate, publish, or post, or cause to be printed, circulated, published, or posted, any advertisement, notice, sign, or statement, or use any form of application for the purchase, rental or lease of any real property, or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property which indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to elderly persons only if the dwelling meets the federal requirements of exempt housing for the elderly.
(2) For a person, bank, banking organization, mortgage company, insurance company or other financial institution or lender to dissuade a person from making an application or to whom an application is requested or made for financial assistance or a loan secured by residential real estate for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof:
a. To discriminate against any person in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of the financial assistance or in the extension of services in connection therewith;
b. To use any form of application for the financial assistance or make any record or inquiry in connection with the applications for the financial assistance which discriminates or expresses any intent to discriminate; or
c. To discriminate against any person who desires to purchase, lease, acquire, construct, rehabilitate, repair or maintain real property in a specific urban or rural area, or any part thereof, solely because of the social, economic or environmental conditions of the area in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of the financial assistance, or in the extension of services in connection therewith.
(3) For any developer, real estate broker, real estate salesperson, appraiser, or other person having the right to sell, rent or lease real property, or employee or agent thereof for the purpose of inducing a real property transaction from which the person, the person's firm or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, religion, color, national origin, ancestry, familial status, sex, sexual or affectional orientation, marital status, status with regard to public assistance or disability of the owners or occupants in the block, neighborhood or area in which the real property is located, or to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including, but not limited to, the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other public facilities.
(4) For a multiple listing service, real estate brokers' organization or facility related the business of selling or renting dwellings to discriminate against a person in the terms or conditions of access, membership or partnership.
Prohibited actions under this section include, but are not limited to:
a. Setting different fees for access to or membership in a multiple listing service;
b. Denying or limiting benefits accruing to members in a real estate brokers' organization;
c. Imposing different standards or criteria for membership in a real estate sales or rental organization; or
d. Establishing geographic boundaries, office locations or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization or facility relating to the business of selling or renting dwellings.
(5) For a person to deny a totally or partially blind, physically handicapped or deaf person with a service dog full and equal access to real property provided for in this section. The person may not be required to pay extra compensation for the service dog but is liable for damage done to the premises by the service dog.
(6) For a person to coerce, intimidate, threaten or interfere with a person in the exercise or enjoyment of, or on account of having exercised, or enjoyed, or on account of that person having aided or encouraged a third person in the exercise or enjoyment of, any right granted or protected by this section.
(7) For anyone:
a. To refuse to permit, at the expense of the disabled person with disabilities, reasonable modifications of existing premises occupied or to be occupied by the disabled person with disabilities if modifications are necessary to afford the disabled person with disabilities full enjoyment of the premises; an owner may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, excluding reasonable wear and tear;
b. To refuse to make reasonable accommodations in rules, policies, practices or services, when accommodations may be necessary to afford a disabled person with disabilities equal opportunity to use and enjoy a dwelling; or in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, to fail to design and construct those dwellings in a manner that:
1. The public use and common use portions are readily accessible to and usable by a disabled person with disabilities;
2. All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by disabled persons with disabilities in wheelchairs; and
3. All premises contain the following features of adaptive design: at least one (1) building entrance on an accessible route into and through the dwelling; light switches, electrical outlets, thermostats and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
c. A determination by the city that a dwelling conforms to 183.06(7)(b) subparagraphs 1 through 3 above shall not affect enforcement activities or be conclusive in enforcement proceedings under this section.
(8) As used in this subdivision, the term "covered multifamily dwelling" means:
a. A building consisting of four (4) or more units if the building has one (1) or more elevators; and
b. Ground floor units in other buildings consisting of four (4) or more units.
(9) This subdivision does not invalidate or limit any law of the state or political subdivision of the state, or other jurisdiction in which this subdivision applies, in a manner that affords disabled persons with disabilities greater access than is required by this subdivision.
(10) This subdivision does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health and safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(11) Notwithstanding the provisions of any law, ordinance or home rule charter to the contrary, no person shall be deemed to have committed an unfair discriminatory practice based upon age if the unfair discriminatory practice alleged is attempted or accomplished for the purpose of obtaining or maintaining one (1) of the exemptions provided for a dwelling unit provided for in section 183.061.
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SECTION 8
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Section 183.07 of the Legislative Code is hereby amended as follows:
Sec. 183.07. Prohibited acts in public accommodations.
It shall be unlawful:
(1) To discriminate with respect to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of a place of public accommodation. It is an unfair discriminatory practice for a taxicab company or taxicab driver to discriminate in the access to, full utilization of or benefit from service because of a person's disability.
(2) For a place of public accommodation not to make reasonable accommodation to the known physical disability of a disabled person with disabilities. In determining whether an accommodation is reasonable, the factors to be considered may include:
a. The frequency and predictability with which members of the public will be served by the accommodation at the location;
b. The size of the business or organization at that location with respect to physical size, annual gross revenues and the number of employees;
c. The extent to which disabled persons with disabilities will be further served from the accommodation;
d. The type of operation;
e. The nature and amount of both direct cost and legitimate indirect cost of making the accommodation and the reasonableness for that location to finance the accommodation;
f. The extent to which any person may be adversely affected by the accommodation.
e. State and local building codes control where applicable. Violations of state or local building codes are not violations of this chapter and must be enforced under normal building code procedures.
SECTION 9
Section 183.08 of the Legislative Code is hereby amended as follows:
Sec. 183.08. Prohibited acts in public services.
It is an unfair discriminatory practice:
(1) To discriminate against any person in the access to, admission to, impartial and equal administration of, full utilization of or benefit from any public service or to fail to ensure physical and program access for disabled persons with disabilities unless the public service can demonstrate that providing the access would impose an undue hardship on its operation. In determining whether providing physical and program access would impose an undue hardship, factors to be considered include:
a. The type and purpose of the public service's operation;
b. The nature and cost of the needed accommodation;
c. Documented good faith efforts to explore less restrictive or less expensive alternatives; and
d. The extent of consultation with knowledgeable disabled persons with disabilities and organizations.
(2) For public transit services to discriminate in the access to, full utilization of, or benefit from service because of a person's disability. Public transit services may use any of a variety of methods to provide transportation for disabled people persons with disabilities; provided, that persons with disabilities who are disabled are offered transportation that, in relation to the transportation offered nondisabled persons without disabilities, is:
a. In a similar geographic area of operation. To the extent that the transportation provided disabled people persons with disabilities is not provided in the same geographic area of operation as that provided nondisabled people persons without disabilities, priority must be given to those areas which contain the largest percent of disabled riders with disabilities. A public transit service may not fail to provide transportation to disabled persons with disabilities in a geographic area for which it provides service to nondisabled persons without disabilities if doing so will exclude a sizeable portion of the disabled ridership with disabilities;
b. During similar hours of operation;
c. For comparable fares;
d. With similar or no restrictions to trip purpose; and
e. With reasonable response time.
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SECTION 10
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Section 183.14 of the Legislative Code is hereby amended as follows:
Sec. 183.14. Discrimination prohibited against persons who are blind, deaf or physically disabled persons prohibited.
(a) It is an unfair discriminatory practice for an owner, operator or manager of a hotel, restaurant, public conveyance or other public place to prohibit a person who is blind, deaf or physically disabled person from taking a service dog into the public place or conveyance if the service dog can be properly identified as being from a recognized school for seeing eye, hearing ear or service dogs, and if the dog is properly harnessed or leashed so that the person who is blind, deaf or physically disabled person may maintain control of the dog.
(b) No person shall require a person who is blind, deaf or physically disabled person to make an extra payment or pay an additional charge when taking a service dog into any of the public places referred to in paragraph (a).
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SECTION 11
This Ordinance shall take effect and be in force thirty (30) following passage, approval, and publication.