ORDINANCE NO. C-32232
An ordinance relating to human rights and discrimination;
amending SMC Section 1.05.210; and adding a new chapter to SMC Title 1.
The City of Spokane does ordain:
Section 1. That there be added to SMC Title 1 a new section,
designated 1.06.010, to read as follows:
1.06.010 Findings.
The City of Spokane finds that discrimination based on race,
religion, color, sex, national origin, marital status, familial status, age, sexual
orientation, or disability poses a substantial threat to the health, safety and general
welfare of the citizens of Spokane. The City deems it necessary and proper to enact a
local ordinance to address these issues.
Section 2. That there be added to SMC Title 1 a new section,
designated 1.06.020, to read as follows:
1.06.020 Purpose.
A. The City values the dignity and worth of all human beings and
is committed to promoting justice, equity and an inclusive environment by respecting
cultural and individual diversity and fostering mutual understanding among all people
regardless of race, religion, color, sex, national origin, marital status, familial
status, age, sexual orientation and disability. It is the intent of the City that all
people have an equal opportunity to participate fully in the life of the city and that
discriminatory barriers to equal participation in employment, housing and public
accommodations be removed. The City has a compelling interest in eradicating and
preventing such discrimination and in ensuring equal opportunity in employment, housing
and public accommodations. Sections 1.06.010 through 1.06.090 represent the least
restrictive means of achieving the City’s objectives. In furtherance of this policy,
those sections are to be broadly construed consistent with their remedial purpose and the
intent expressed in this paragraph. These sections are not intended to establish or
require affirmative action or quotas of any kind, or to infringe upon the authority vested
in the Civil Service Commission and City Departments pursuant to the City Charter.
B. Nothing contained in this chapter is intended to be nor shall be
construed to create or form the basis for any liability on the part of the City, or its
officers, employees or agents for any injury or damage resulting from or by reason of any
act or omission in connection with the implementation or enforcement of this chapter on
the part of the City by its officers, employees or agents.
C. Nothing in this chapter shall constitute a cause of action under
state law or form a basis for relief in the state courts. It is the intent of this
ordinance that all causes of action for violations of the ordinance shall lie within the
City of Spokane Municipal Court.
D. Nothing in this chapter shall be deemed to deny any person the
right to institute any action or to pursue any civil or criminal remedy for the violation
of such person’s civil rights.
Section 3. That there be added to SMC Title 1 a new section,
designated 1.06.030, to read as follows:
1.06.030 Definitions.
A. "Person" includes one or more individuals,
partnerships, associations, organizations, corporations, cooperatives, legal
representatives, trustees and receivers, or any group of persons; it includes any owner,
lessee, proprietor, manager, agent or employee, whether one or more natural persons; and
further includes any political or civil subdivisions of the City and any agency or
instrumentality of the City or of any political or civil subdivision thereof.
B. "Commission" means the human rights commission
established in Chapter 4.10.
C. 1. "Discrimination" means different or unequal
treatment because of race, religion, color, sex, national origin, marital status, familial
status, age, sexual orientation, or disability.
2. "Discriminate" means to treat differently or unequally
because of race, religion, color, sex, national origin, marital status, familial status,
age, sexual orientation, or disability.
D. "Employee" means an individual who works for wages,
salary, or commission, or a combination thereof, in the service of an employer, but does
not include a person employed by a parent, grandparent, brother, sister, spouse, or child.
The term includes an individual who is seeking or applying for employment.
E. 1. "Employer" means any person, acting in the interest
of an employer, directly or indirectly, who employs employees within the city, or who
solicits individuals within the city to apply for employment within the city.
2. The term means one who employs twenty-five or more employees in
1999; fifteen or more employees in 2000; and eight or more employees as of January 1, 2001
and thereafter.
3. The term includes the City itself, its boards, commissions and
authorities.
F. "Familial status" means the relationship between two or
more individuals at least one of whom
1. has not attained eighteen years of age and is domiciled
a. with a parent or person having legal custody, or
b. with the designee, with written permission, of a parent or person
having legal custody; or
2. is pregnant; or
3. is in the process of securing legal custody of an individual who
has not attained eighteen years of age.
G. "Labor organization" means an organization which is
constituted for the purpose, in whole or in part, of collective bargaining or for dealing
with an employer concerning grievances, terms or conditions of employment, or for other
mutual aid or protection in connection with an employer.
H. "Marital Status" means the status of being married,
single, separated, divorced or widowed.
I. "National origin" includes ancestry.
J. 1. "Person with a disability" means a person
a. with a physical or mental impairment that substantially limits
one or more major life activities,
b. who has a record of such impairment, or
c. who is regarded as having such an impairment.
2. "Major life activities" include but are not limited to
self-care, ambulation, communication, transportation, education, socialization, employment
and ability to acquire, rent, or maintain property.
3. "Has a record of such impairment" means the person has
a history of, or has been classified as having, such impairment.
4. "Is regarded as having such an impairment" means the
individual
a. has a physical or mental impairment that does not substantially
limit major life activities but is treated by an employer or supervisor as having such a
limitation,
b. has a physical or mental impairment that substantially limits
major life activities only as a result of the attitude of others toward such impairment,
or
c. has no physical or mental impairment that substantially limits
major life activities but is treated by an employer or supervisor as having a
substantially limiting impairment.
K. "Place of public accommodation" means any place where
the general public may go, or where goods, lodging, or services are offered, sold, or let,
or any common carrier, including a place of entertainment or amusement, but shall not
include an institution, bona fide club, or place of accommodation which is in its nature
private.
L. "Sex" means gender.
M "Sexual orientation" means actual or perceived
heterosexuality, homosexuality, or bisexuality.
Section 4. That there be added to SMC Title 1 a new section,
designated 1.06.040, to read as follows:
1.06.040 Reprisal or Retaliation.
It is a violation of this chapter for any person to discriminate
in a manner prohibited by Sections 1.06.080 or 1.06.090, or to engage in a reprisal or
retaliation against an individual because that individual has in good faith opposed the
use of a practice forbidden by Sections 1.06.080 or 1.06.090, or has filed a complaint,
testified, assisted, or participated in an investigation, proceeding or hearing under
Sections 1.06.080 or 1.06.090, or has attempted to do so.
Section 5. That there be added to SMC Title 1 a new section,
designated 1.06.050, to read as follows:
1.06.050 Enforcement.
A. Initiation.
An individual claiming to be aggrieved by a practice prohibited by
Sections 1.06.040, 1.06.080 or 1.06.090 may, within the time limit of Section 1.06.060,
file a complaint on forms available from the staff of the commission signed under oath or
affirmation by the charging party. Commission staff shall cause to be served or mailed by
certified mail, return receipt requested, a copy of the charge on the respondent within
twenty (20) days after the filing of the charge.
B. Mediation.
Mediation may be requested by either party within 30 days after the
filing of the charge or notification of the charge. If the other party consents to
mediation within 10 days of notification of the mediation request, staff will refer the
complaint for mediation. Mediation sessions are not open to the public. If the complaint
is resolved, the mediator will notify the City of the resolution and the complaint file
will be closed. If the complaint is not resolved, it is processed pursuant to section C.
C. Complaint.
A complaint filed by a person claiming to be aggrieved by a practice
prohibited by Sections 1.06.040, 1.06.080 or 1.06.090 is investigated by the City to
determine if reasonable cause exists to believe a violation of this chapter has occurred.
If so, the complaint shall be referred to the City Prosecuting Attorney as an infraction
pursuant to SMC Chapter 1.05. The commission of an act of discrimination is punishable as
an infraction pursuant to SMC Chapter 1.05.
Section 6. That there be added to SMC Title 1 a new section,
designated 1.06.060, to read as follows:
1.06.060 Period of Limitation.
No complaint shall be accepted nor action taken unless the
complaint is filed within one year from the date of the occurrence of the alleged unlawful
practice. When the alleged unlawful practice is of a continuing nature, the limitation
period will not commence to run until the unlawful practice has ceased.
Section 7. That there be added to SMC Title 1 a new section,
designated 1.06.070, to read as follows:
1.06.070 Exemptions.
In addition to any specific exemptions set forth in Sections
1.06.080 or 1.06.090, it is lawful for a person to fail to comply with Sections 1.06.080
or 1.06.090
A. when compliance would substantially burden a person’s
exercise of religion; or
B. when exempting that person from the application of Sections
1.06.080 or 1.06.090 would not impede the objectives sought to be advanced by those
sections, as described in Section 1.06.010.
C. Nothing in this ordinance shall be construed to protect criminal
conduct.
Section 8. That there be added to SMC Title 1 a new section,
designated 1.06.080 to read as follows:
1.06.080 Nondiscrimination in Employment Practices.
It is a violation of this chapter
A. for an employer to discriminate by refusing to hire, employ or
promote, by barring or discharging from employment, in compensation or terms, conditions
or privileges of employment; unless discrimination results from a bona fide occupational
requirement reasonably necessary to the normal operation of the employer’s business;
B. for a labor organization to discriminate by excluding or
expelling individuals from its membership or otherwise attempting to influence members of
the organization from exercising or preserving their rights under this ordinance;
C. for an employer or an employment agency to discriminate by
printing or circulating, or causing to be printed or circulated, any statement,
advertisement or publication, or by using any employment application form, or by making an
inquiry in connection with prospective employment which expresses, directly or indirectly,
any limitation or specification, unless such limitation or specification is based upon a
bona fide occupational qualification reasonably necessary to the normal operation of the
employer’s business, or unless otherwise provided by state or federal law;
D. for an employment agency to discriminate by classifying or
referring for employment, or by failing or refusing to refer for employment, or otherwise;
unless such classification or referral results from a bona fide occupational requirement
reasonably necessary to the normal operation of the employer’s business, or where
such classification or referral is allowed under state or federal law;
E. for any person, whether an employer or an employee with the
knowledge or assent of the employer, to assist, induce, compel or coerce the doing of any
acts of discrimination, or to attempt to do so;
F. for a vocational, professional, or trade school located within
the City and licensed to operate in Washington to discriminate in admission or in giving
instruction to any otherwise qualified person;
G. 1. for an employer, labor organization, employment agency or
local joint committee controlling apprentice training programs to discriminate by denying
or withholding the right to be admitted to or participate in a guidance program,
apprentice training program, on-the-job training program, or other occupational training
or re-training program; in the terms, conditions, or privileges of such programs; by
printing or circulating, or causing to be printed or circulated any statement,
advertisement or publication, or by using any application form, or by making an inquiry in
connection with such programs which expresses, directly or indirectly, any limitation or
specification, or intent to make such limitation or specification or discrimination,
unless based upon a bona fide occupational qualification.
2. For purposes of this subsection,
a. receipt or alleged receipt of treatment for a mental disorder is
not evidence of a person’s inability to perform the duties of a particular job or
position;
b. it is not a violation of this chapter for a church, synagogue,
mosque, temple or other religious institution, including but not limited to, a school,
hospital or church camp, to prefer an employee or applicant for employment of one
religious sect or persuasion over another person when
i. the religious sect or persuasion to which the employee or
applicant belongs is the same as that of such church, synagogue, mosque, temple or other
religious institution,
ii. in the opinion of the church, synagogue, mosque, temple or other
religious institution such preference will best serve the purposes of the church or other
religious institution, and
iii. the employment involved is closely connected with or related to
the primary purposes of the church, synagogue, mosque, temple or other religious
institution but is not connected with a commercial or business activity which has no
necessary relationship to the church, synagogue, mosque, temple or other religious
institution or to its primary purposes;
c. it is not a violation of this chapter for an employer, labor
organization or local joint committee controlling apprentice training programs to select
an apprentice on the basis of the ability to complete the required apprenticeship training
before attaining the age of seventy years;
d. it is not a violation of this chapter for an employer or labor
organization to provide or make financial provisions for child-care services of a
custodial or other nature to its employees or members who are responsible for a minor
child, meaning having custody or legal guardianship of a minor child or acting in loco
parentis to the child;
e. the compulsory retirement of an employee at any age is not a
violation of this chapter if lawful under state or federal law;
f. It is not a violation of this chapter to act to accomplish the
purposes and goals of an affirmative action plan of the employer, employment agency or
labor organization.
g. discrimination on the basis of age shall not be applicable with
respect to individuals who are under forty (40) years of age.
Section 9. That there be added to SMC Title 1 a new section,
designated 1.06.090, to read as follows:
1.06.090 Non-Discrimination.
A. Housing Practices.
1. It is a violation of this chapter for any person to discriminate
by
a. refusing to sell, lease, rent or otherwise make available any
offered real property,
b. expelling a purchaser, lessee or renter from any real property,
c. altering the price, terms, conditions or privileges relating to
the sale, rental, lease or occupancy of real property, or in the furnishing of any
facilities or services in connection with real property,
d. attempting to discourage the sale, rental or lease of any real
property to a purchaser, lessee or renter,
e. publishing, circulating, issuing or displaying, or causing to be
published, circulated, issued or displayed, any communication, notice, advertisement or
sign of any kind relating to the sale, rental or lease of real property which indicates
any preference, limitation or specification with respect thereto,
f. assisting, inducing, compelling or coercing another person to
commit an act or engage in a practice that violates this subsection,
g. coercing, intimidating, threatening or interfering with any
person in the exercise or enjoyment of, or on account of having aided or encouraged any
other person in the exercise of, any right granted or protected by his subsection.
h. Nothing in this subsection shall apply to
(i) A single family house rented or leased by the owner if the owner
does not own or have an interest in the proceeds of the rental or lease of more than three
such single-family houses at one time, the rental or lease occurred without the use of a
real estate broker or sales person, and the rental or lease occurred without the
publication, posting, or mailing of any advertisement, sign, or statement in violation of
section 1e of this subsection; or
(ii) Rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four families living independently of each
other if the owner maintains and occupies one of the rooms or units as his or her
residence.
2. No person whose business includes engaging in residential real
estate related transactions may discriminate in making available or in the terms and
conditions of such a transaction. "Residential real estate related transaction"
means the making or purchasing of loans or providing other financial assistance for
purchasing, construction, improving, repairing or maintaining a dwelling; or securing
residential real estate; or the selling, brokering or appraising of residential real
property.
3. No real estate licensee may accept or retain a listing of real
property for sale, lease or rental with an understanding that a purchaser may be
discriminated against with respect to the sale, rental or lease.
4. No person may for profit induce or attempt to induce any other
person to sell or rent any dwelling by representations regarding entry or prospective
entry into the neighborhood of a person or person of a particular race, religion, color,
sex, national origin, marital status, familial status, age, sexual orientation, or
disability.
5. For purpose of this subsection receipt or alleged receipt of
treatment for a mental disorder does not constitute evidence of a person’s inability
to acquire, rent or maintain property.
6. For purposes of this subsection, discrimination includes
a. a refusal to permit at the expense of the person with a
disability reasonable modification of existing premises occupied or to be occupied by such
person if such modification may be necessary to afford such person full enjoyment of the
premises, except that in the case of a rental, the landlord may, where it is reasonable to
do so, condition permission for such modification on the renter agreeing to restore the
interior of the premises to the condition that existed before the modification, reasonable
wear and tear excepted,
b. a refusal to make reasonable accommodations in rules, policies,
practices or services when such accommodation may be necessary to afford such person equal
opportunity to use and enjoy a dwelling.
7. The prohibition against discrimination because of sex in
paragraphs 1 and 3 do not apply if the real property involved is such that the application
of those paragraphs would necessarily result in common use of bathroom or bedroom
facilities by unrelated person of opposite sex.
8. The provisions of this section shall not apply to private
individuals seeking a roommate in leased or owned residences in which they reside.
9. The prohibitions against discrimination because of familial
status and age in this subsection do not apply with respect to housing for older persons.
a. For purposes of this paragraph "housing for older
persons" means housing which satisfies one or more of the following criteria:
i. provided under any state or federal program that is specifically
designed and operated to assist elderly persons, as defined by the state or federal
program, or
ii. intended for and solely occupied by persons sixty-two years of
age or older, or
iii. intended and operated for occupancy by at least one person
fifty-five years of age or older per unit.
b. Housing qualifies as housing for older person under this
paragraph if
i. significant facilities and services are specifically designed to
meet the physical or social needs of older persons or, if provision of such facilities and
services is not practicable, such housing is necessary to provide important housing
opportunities for older persons,
ii. at least eighty percent of the dwellings are occupied by at
least one person fifty-five years of age or older per unit, and
iii. policies and procedures which demonstrate an intent by the
owner or manager to provide housing for persons fifty-five years of age or older are
published and adhered to.
c. Housing does not fail to meet the requirements for housing for
older persons if
i. persons residing in such housing as of the date of adoption of
this ordinance, do not meet the requirements of subparagraphs 9.a.i and ii; however, new
occupants of such housing must meet the age requirements of subparagraphs 9.a.ii or iii;
or
ii. the housing includes unoccupied units; however, such units are
reserved for occupancy by persons who meet the age requirements of subparagraphs 9.a.ii or
iii.
10 Nothing in this section limits the applicability of any local,
state or federal restrictions regarding the maximum number of occupants permitted to
occupy a dwelling.
B. Public Accommodation Practices.
It is an unlawful practice for a place of public accommodation or a
person acting on behalf of a place of public accommodation, or for a person assisting a
place of public accommodation or a person acting on behalf of such place, to
1. discriminate as provided in this section; or
2. publish, circulate, issue or display, or cause to be published
circulated, issued or displayed, any communication, notice, advertisement or sign of any
kind to the effect that any of the accommodations, advantages, facilities, services or
privileges of such place of public accommodation will be refused to, withheld from, or
denied to any person because of discrimination. This provision does not prohibit the use
of special rates or services offered to persons fifty-five years old and older or the
promotion of business through the issuance of special rates for families with children.
Section 11. That Sections 1 through 10 of this ordinance shall
constitute a new chapter in SMC Title 1, designated Chapter 1.06 Law Against
Discrimination.
Section 12. That SMC Section 1.05.210 be amended to read as follows:
1.05.210 Penalty Schedule -- Personal Conduct.
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