Title 2, Chapter 2.76
HUMAN RIGHTS COMMISSION
Sections:
2.76.010 Established.
2.76.020 Purpose.
2.76.030 Definitions.
2.76.040 Appointment--Term.
2.76.050 Nominations.
2.76.060 Residency requirement.
2.76.070 Officers--Quorum--Adoption of rules and regulations--compensation.
2.76.080 Recommendations of deficiencies.
2.76.090 Authority to conduct investigations.
2.76.100 Covenant for new contracts--Existing contracts.
2.76.110 Posting of discrimination policy required.
2.76.120 Acts deemed lawful and unlawful--Exemptions.
2.76.130 Cooperation with other government agencies.
2.76.140 Investigation of discrimination--Powers and duties.
2.76.150 Complaint resolution procedures.
2.76.160 City discrimination policy.
2.76.170 Applicability--Police powers.
2.76.180 Chapter provisions not exclusive.
2.76.010 Established.
A. There shall be a Cambridge Human Rights Commission consisting
of eleven members, which may be
altered by an amendment to the ordinance codified in this chapter
by the City Council.
B. The Commission shall be considered a department of the City,
with all the rights and responsibilities thereof.
The Executive Director of the Commission shall be considered the
Department Head. (Ord. 1016 (part), 1984:
prior code Ch. 25 § 1)
2.76.020 Purpose.
The Commission of Human Rights shall work with the City Manager
and/or his assistants on matters pertaining
to the human rights of City citizens. The main purpose for which
the ordinance codified in this chapter is
enacted is to protect the human rights of all the citizens of
the City. (Ord. 1016 (part), 1984: prior code Ch. 25 §
3(D))
2.76.030 Definitions.
As used in this chapter:
1. "Age" means the actual or supposed chronological
age of an individual eighteen years or older.
2. "Bona fide occupational qualification" means a valid
consideration of race, color, sex, age, religious creed,
disability, national origin or ancestry, sexual orientation, gender,
marital status, family status, military status or
source of income that is a requirement for employment and has
been certified as such by the Cambridge
Human Rights Commission (referred to in this chapter as "the
Commission") or by the Massachusetts
Commission Against Discrimination under Chapter 151 B of the Massachusetts
General Laws.
3. "Disability" means any actual or supposed physical
or mental handicap of an individual, other than the state
of being presently legally incompetent.
4. "Discrimination" means a policy or practice that
by design or effect segregates, creates unequal status,
separates or has a disproportionate impact on the basis of race,
color, sex, age, religious creed, disability,
national origin or ancestry, sexual orientation, gender, marital
status, family status, military status or source of
income.
5. "Educational facility" means any person, whether
organized for profit or not-for-profit, that holds itself out
to
the public as providing instruction in the arts, sciences, trades
or any other area of learning.
6. "Family status" means the actual or supposed condition
of having minor children living with the individual or
not.
7. "Labor organization" means any association, regardless
of its form of organization, or employees or persons
involved in similar trades or industries for the purpose of collective
bargaining, resolving grievances in the terms
and conditions of employment, or any other mutual aid or protection.
8. "Marital status" means the actual or supposed state
of being or having been married, separated or divorced,
or not.
9. "Military status" means the actual or supposed condition
of being or having been in the service of the military,
or not.
10. a. "Public accommodation" means any place or site,
business or other establishment, or medium of
communication, whether owned privately or by a public agency,
that is intended for the patronage or use or
convenience, whether for a charge or fee or not, of the general
public, including but not limited to, inns, hotels,
motels, roadhouses, trailer parks, campsites, any place where
food or beverage is sold, retail stores, shopping
malls, dispensaries, clinics, hospitals, rest homes, nursing homes,
hospices, physicians' offices or other
medical facilities, rest rooms, bathhouses, parks, public grounds,
gardens, theaters, lecture halls, newspapers
and magazines and other publications, barber shops, beauty parlors,
motion picture houses, music halls,
bowling alleys, amusement parks and arcades, skating rinks, ball
parks, billiard and pool parlors, recreation
parks, fairs, golf courses, gymnasiums, health clubs, shooting
galleries, art galleries, libraries, laundries,
garages, all public conveyances whether owned privately or by
a public agency, transportation terminals and
stations, public portions of buildings accommodating the public,
clubs, societies and social associations that
are public or quasi-public banks, finance companies, insurance
companies, streets and parking lots.
B. Nothing contained in this chapter shall be construed to include
or apply to any place of accommodation that is by its nature distinctly
private; provided, that where public use is permitted that use
shall be covered by this chapter and further provided, that an
establishment that has membership requirements but otherwise qualifies
as a public accommodation shall be deemed a public accommodation
for the purpose of this chapter if its membership requirements
(I) consist only of the payment of fees or dues; (2) consist of
requirements under which a substantial portion of the residents
of or visitors to the City could qualify; or (3) consist primarily
of a discrimination or exclusion based upon race, color, sex,
age, religious creed, disability. national origin or
ancestry, sexual orientation, gender, marital status, family status,
military Status or source of income.
11. "Real estate transaction" means any intercourse
among any persons that involves a building, structure or portion
thereof, or parcel of land, developed or undeveloped, whether
privately owned or owned by a public agency, including the design,
construction, alteration, repair, sale, lease, sublease, mortgage,
rental or other provision, term or offer of the same.
12. "Religious creed" means the actual or supposes faith,
belief or moral philosophy of an individual or the lack
thereof.
13. "Sexual orientation" means the actual or supposed
heterosexuality, homosexuality or bisexuality.
14. "Source of income" means the actual or supposed
manner or means by which an individual supports himself or herself
and his or her dependents, excluding the use of criminal activities
as a means of support.
(Ord. 1016 (part), 1984: prior code Ch. 25 § 9(E))
15. "Gender" means the actual or perceived appearance,
expression or identity of a person with respect to masculinity
and femininity; and
16. "Same sex" means occupying the same social and
identity roles as another with respect to being male female. (Ord.
1182, Amended, 02/24/1997)
2.76.040 Appointment--Term.
The members shall be appointed by the City Manager for terms of
three years. Initial appointments shall be for the following terms:
Three members for a term of three years, four members for a period
of two years and four members for a period of one year. Any vacancy
occurring other than by expiration of term shall be filled by
appointment by the City Manager for the unexpired term. (Ord.
1016 (part), 1984: prior code Ch. 25 § 2)
2.76.050 Nominations.
A. Not less than two months prior to making such appointments,
or reappointments, the City Manager shall solicit nominations
from as many public service groups and other sources which he
deems appropriate as possible.
B. In keeping with the policy of the City Council, the members
of the Commission shall be representative of the population of
the City. The Commission shall contain members of groups traditionally
targets of discriminatory behavior. (Ord. 1016 (part), 1984: prior
code Ch. 25 § 3(A))
2.76.060 Residency requirement.
All members of the Commission shall be residents of the City when
appointments are being made by the City Manager, and throughout
their tenure. (Ord. 1016 (part), 1984: prior code Ch. 25 §
3(B))
2.76.070 Officers--Quorum--Adoption of rules and regulations--Compensation.
A. The Commission shall elect a Chairperson from among its members.
The Chairperson shall be elected at the first meeting each year.
The Commission members shall make an attempt to rotate the election
of a Chairperson each year thereafter.
B. Six members shall constitute a quorum for the purpose of conducting
the business of the Commission and all decisions shall be by majority
vote of the Commission members present and voting.
C. The Commission shall adopt rules and regulations consistent
with this chapter and the laws of the Commonwealth to carry out
the policy and provisions of this chapter and the powers and duties
of the Commission in connection therewith. The rules shall insure
the due process rights of all persons involved in investigations
and hearings.
D. All records of the Commission shall be public except as provided
by State law.
E. Members of the Commission shall serve without compensation
but reasonable per diem and necessary expense reimbursement shall
be paid out of the budget of the Commission.
F. The Commissioners shall be classified as special municipal
employees for the purposes of Chapter 268A of the Massachusetts
General Laws. (Ord. 1016 (part), 1984: prior code Ch. 25 §
3(C))
2.76.080 Recommendations of deficiencies.
A. The Commission shall discuss human rights problem areas with
the City Manager and make recommendations necessary to protect
the human rights of all City citizens and employees.
B. The Commission shall request of the City Manager, department
heads and Superintendent of Schools, such information and staff
support as is reasonable so that it may be properly informed.
C. The Commission may review and comment on all matters pertaining
to the human rights of citizens. They may examine and scrutinize
and comment on department budgets including the School Department
budget.
D. The Commission shall, with the advice and consent of the City
Manager, employ an Executive Director who shall be the executive
officer of the Commission and shall be responsible for carrying
out the policies and decisions of the Commission. The Commission
may employ an Administrative Assistant or such other personnel
as it may from time to time deem necessary.
E. The Commission shall, when appropriate, request the assistance
of the staff and commissions of the City engaged in related work,
such as the Commission on the Status of Women, the Civic Unity
Committee, the Commission on the Handicapped, the Fair Housing
Office, the Affirmative Action Officer, the Consumers' Council,
the Council on Aging and the Veterans' Service Department, and
shall at all times work cooperatively with these groups.
F. The Commission shall receive aid, advice and opinions from
the City Solicitor and the Legal Department, and be represented
in court by the City Solicitor or by its own attorneys.
G. The City Manager shall provide office space in City Hall to
the Commission in order to give easy access to citizen complaints.
H. Each year, the Commission and the City Manager, together or
separately, shall report to the City Council in writing as to
the progress that is being made under this chapter. These written
reports may properly contain suggestions and recommendations which
will further the aims of this chapter. (Ord. 1016 (part), 1984:
prior code Ch. 25 § 4)
2.76.090 Authority to conduct investigations.
The Commission may at any time question matters pertaining to
City bona fide residents who are faculty members and/or students
of local schools and universities who are involved in human rights
complaints. (Ord.1016 (part), 1984: prior code Ch. 25 § 5)
2.76.100 Covenant for new contracts--Existing contracts.
A. Any contract entered into by the City or the Cambridge Schools,
or any of their agencies, departments or subdivisions shall contain
a covenant by the contractor and his or her subcontractors not
to violate this chapter. Breach of this covenant shall be regarded
as a material breach of the contract.
B. This section shall not impair the obligation of any presently
existing contract. (Ord. 1016 (part), 1984: prior
code Ch. 25 § 6)
2.76.110 Posting of discrimination policy required.
A. The City, every City contractor and subcontractor, every employer
with one hundred or more employees, every owner of an apartment
building or housing complex of fifteen or more units, every employment
agency, every realtor and real estate agency, and every apartment
or roommate service shall prominently post and keep posted the
following notice at its place of business or in such apartment
building or housing complex:
Discrimination on the basis of race, color, sex, age, religious
creed, disability, national origin or ancestry, sexual orientation,
gender, marital status, family status, military status or source
of income is unlawful in the City of Cambridge. Chapter 2.76,
Cambridge Municipal Code.
Cambridge Human Rights Commission
_______Cambridge, Massachusetts
_______
B. The blanks in the model set out in subsection A of this section
shall be properly filled with the address and telephone number
of the offices of the Commission.
C. It shall be a crime punishable by a fine of not more than fifty
dollars per violation to willfully violate this section.
(Ord. 1016 (part), 1984: prior code Ch. 25 § 7)
(Ord. 1182, Amended, 02/24/1997)
2.76.120 Acts deemed lawful and unlawful--Exemptions.
The Commission shall receive and investigate complaints of presence
in the City of prejudice, intolerance or bigotry, including but
not limited to such matters as the choice of lifestyle and the
consequences such attitudes in the community engender and initiate
its own investigation of the following activities and unlawful
practices:
A. It is an unlawful practice for the City or the Cambridge School
Department, or any of their agencies, departments, subdivisions
or employees to discriminate against any person in the provision
of services, facilities, employment, housing or real estate transactions,
education or other opportunities because of the race, color, sex,
age, religious creed, disability, national origin or ancestry,
sexual orientation, gender, marital status, family status, military
status or source of income of such persons.
B. It is an unlawful practice for the City or the Cambridge School
District, or any of their agencies, departments, subdivisions
or employees to commit any act prohibited in this chapter which
would be unlawful if committed by a private person.
C. It is an unlawful practice to deny any person or group equal
access to City services in employment, housing, education, recreation
or other areas where such denial is based on limited English language
skills.
D. 1. It is an unlawful practice for an employer directly or indirectly
to refuse to hire or employ or to bar or to discharge from employment,
training or apprenticeship or to discriminate against any individual
in compensation or in the terms, conditions or privileges of employment,
training or apprenticeship, because of the race, color, sex, age,
religious creed, physical handicap, national origin or ancestry,
sexual orientation, gender, marital status, family status, military
status or source of income of such individual, unless based on
a bona fide occupational qualification. An employer who asserts
that a discriminatory practice is justified because of a bona
fide occupational qualification that has not been certified as
such by the Commission or by the Massachusetts Commission Against
Discrimination under Chapter 151B of the Massachusetts General
Laws, shall have the burden of showing:
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 qualifications.
2. Reasonable accommodation shall be made to enable the employment
or continued employment of a disabled person unless the employer
can demonstrate that the extent of the accommodation required
to meet the limitations of the person would impose an undue hardship
or safety hazard to the employer's business.
3. The following practices shall be exempt from the operation
of this section:
a. Employment practices of an employer of fewer than six persons;
b. Employment of an individual by his or her parent, child or
spouse;
c. Employment by a religious institution of individuals performing
a service related to a bona fide religious purpose;
d. Employment of an individual for work within the home of the
employer;
e. Employment of an individual for the rendering of services to
the person of the employer or his or her family.
4. The following practices shall not be deemed unlawful:
a. Employment programs designed to effect affirmative action by
giving special preference to women, racial
minorities or veterans; provided, that such employment programs
shall not discriminate among women, racial minorities or veterans
on the basis of other discriminatory criteria as set forth in
Section 2.76.030 of this chapter;
b. Employment limited to the elderly or disabled; provided, that
such employment shall not discriminate among the elderly or disabled
on the basis of other discriminatory criteria as set forth in
Section 2.76.030 of this chapter;
c. Observance by an employer of the conditions of a bona fide
employee benefits system or plan (including, but not limited to,
a contractual seniority system); provided, that no such system
or plan shall provide an excuse for failure to hire any individual.
E. It is an unlawful practice for any employment agency directly
or indirectly to fail or refuse to classify properly or refer
for employment or otherwise discriminate against any individual
because of the race, color, sex, age, religious creed, disability,
national origin or ancestry, sexual orientation, gender, marital
status, family status, military status or source of income of
such individual. An employment agency that specializes in the
recruitment and placement of elderly or disabled employees shall
be exempt from the operation of this section with respect to such
specialized services; provided, that such services shall not discriminate
among the elderly or disabled on the basis of other discriminatory
criteria as set forth in Section 2.76.030 of this chapter.
F. It is an unlawful practice for a labor organization directly
or indirectly to refuse to admit to membership, training, apprenticeship
or classification or to otherwise discriminate against any individual
because of the race, color, sex, age, religious creed, disability,
national origin or ancestry, sexual orientation, gender, marital
status, family status, military status or source of income of
such individual.
G. It is an unlawful practice for an employer, employment agency
or labor organization directly or indirectly to advertise or otherwise
publicize that any individual is unwelcome or not employable because
of the race, color, sex, age, religious creed, disability, national
origin or ancestry, sexual orientation, gender, marital status,
family status, military status or source of income of such individual,
unless based on a bona fide occupational qualification or one
of the exceptions set forth in this subsection and subsections
F and H of this section.
H. 1. It is an unlawful practice for any person directly or indirectly
to refuse to engage in a real estate transaction with any person
or to set discriminatory terms or conditions with respect to a
real estate transaction with any person or to advertise or otherwise
publicize that any person is unwelcome or may not enter into a
real estate transaction because of the race, color, sex, age,
religious creed, disability, national origin or ancestry, sexual
orientation, gender, marital status, family status, military status
or source of income of such person or of a person residing with
such person.
2. This section does not create an affirmative duty to remove
barriers for the disabled in excess of the requirements of existing
laws and ordinances, but reasonable accommodation shall be made
to enable the provision of housing for a handicapped person.
3. The following practices shall be exempt from the operation
of this section:
a. The leasing or renting of a room or rooms within a dwelling
or apartment which is occupied by the lessor as his or her residence
and in which the roomer or boarder must pass through the space
or a portion thereof occupied by such lessor in order to gain
access to the room or rooms thus let or rented;
b. The leasing or renting of a single apartment in a two-family
dwelling, the other residential unit of which is occupied by the
lessor as his or her residence;
c. The leasing, rental or other provision with or without fee
or space within a church, temple, synagogue, religious school
or other facility used primarily for religious purposes.
4. The following practices shall not be deemed unlawful:
a. The establishment of government-sponsored housing programs
operated either directly by government agencies or indirectly
through government subsidization and regulation, which programs
are designed to assist the elderly, disabled or economically disadvantaged
individuals; provided, that such programs shall not discriminate
among the elderly, disabled or economically disadvantaged on the
basis of other discriminatory criteria as set forth in Section
2.76.030 of this chapter;
b. The establishment of housing set aside for or limited to the
elderly or the disabled; provided, that such establishment shall
not discriminate among the elderly or disabled on the basis of
other discriminatory criteria as set forth in Section 2.76.030
of this chapter.
c. The establishment of same-sex dormitories or portions thereof
by educational facilities; provided, that such establishment shall
not discriminate on the basis of other discriminatory criteria
as set forth in Section 2.76.030 of this chapter.
d. The establishment of a hospital, convent, monastery, shelter,
asylum or residential facility for the care and lodging of persons
in need of special medical, rehabilitative, social or psychological
support, including but not limited to half-way houses, drug treatment
centers, detoxification facilities, shelters for the homeless,
and the like.
I. It is an unlawful practice for any bank, financial institution
or any other credit-granting or credit-approving institution or
person, including a retail store that sells goods or services
on credit, directly or indirectly to discriminate in the granting,
reporting, approval or extension of any form of loan or credit
to any person because of the race, color, sex, age, religious
creed, disability, national origin or ancestry, sexual orientation,
gender, marital status, family status, military status or source
of income of such person. It shall not be an unlawful practice
under this section to establish or review the creditworthiness
of any person by seeking information relevant to such creditworthiness
as amount and source of income, age, employment history, credit
references and the number and age of dependents.
J. 1. It is an unlawful practice for any insurance company, insurance
agent or person engaged in the service of providing insurance
to refuse to insure any person or discriminate in the terms of
insuring any person because of the race, color, sex, age, religious
creed, disability, national origin or ancestry, sexual orientation,
gender, marital status, family status, military status or source
of income of such person, unless based on a bona fide actuarially
determined insurance factor, such as the age or health of the
person, that affects the risk for which insurance is being sought.
2. In accordance with federal course cases, it is the intention
of this section that actuarial data be gender-neutral.
K. It is an unlawful practice for any bonding institution or person
engaged in the service of providing financial and performance
bonds to refuse to bond any person or discriminate in the terms
of bonding because of the race, color, sex, age, religious creed,
disability, national origin or ancestry, sexual orientation, gender,
marital status, family status, military status or source of income
of such person.
L. 1. It is an unlawful practice for any educational facility
directly or indirectly to fail or refuse to admit, or to curtail
or terminate admission to, or to discriminate in the terms or
conditions of educational services, programs opportunities or
curriculum offered by it to any person because of the race, color,
sex, age, religious creed, disability, national origin or ancestry,
sexual orientation, gender, marital status, family status, military
status or source of income of such person.
2. The following practices shall not be deemed unlawful:
a. The establishment by an educational facility of minimum or
maximum age requirements for any educational program; provided,
that such establishment shall not discriminate among the potential
students on the basis of other discriminatory criteria as set
forth in Section 2.76.030 of this chapter;
b. The selection of students by a religious educational facility
that is limited exclusively or gives preference to members of
such religion; provided, that such selection shall not discriminate
among the members of such religion on the basis of other discriminatory
criteria as set forth in Section 2.76.030 of this chapter;
c. The maintenance or establishment by an educational facility
of a school or program limited to members of only one sex or otherwise
segregated by sex; provided, that such facility shall not discriminate
among the members of such sex on the basis of other discriminatory
criteria as set forth in Section 2.76.030 of this chapter;
d. Educational programs or policies designed to effect affirmative
action by giving special preference to women, racial minorities
or veterans; provided, that such programs or policies shall not
discriminate among women, racial minorities, or veterans on the
basis of other discriminatory criteria as set forth in Section
2.76.030 of this chapter;
e. The establishment by an educational facility of special programs
designed to assist or provide special training for the disabled,
the elderly, individuals not fluent in English, or the economically
disadvantaged; provided, that such selection shall not discriminate
among the disabled, elderly, individuals not fluent in English,
or the economically disadvantaged on the basis of other discriminatory
criteria as set forth in Section 2.76.030 of this chapter.
M. 1. It is an unlawful practice for any person directly or indirectly
to withhold, deny, curtail or in any manner limit the full use
of a public accommodation by any person, or discriminate against
such person with respect to the use of such accommodation, because
of the race, color, sex, age, religious creed, disability, national
origin or ancestry, sexual orientation, gender, marital status,
family status, military status or source of income of such person.
2. It is an unlawful practice for any person directly or indirectly
to advertise or otherwise publicize that any person is unwelcome
to the full use of any public accommodation because of the race,
color, disability or source of income of such person.
3. The following practices shall not be deemed unlawful:
a. The designation of a public accommodation for the exclusive
or preferential use of the elderly or the disabled;
b. The designation of a rest room or of a privately owned athletic
or exercise facility for the exclusive or preferential use of
members of a single sex;
c. The advertisement of a public accommodation as being for the
preferential use of persons of a particular sex, age, religious
creed, national origin or ancestry, sexual orientation, gender,
marital status, family status or military status, provided such
preference is not advertised as or implied to be a requirement
for entry or use of such public accommodation.
N. It is an unlawful practice for any person to harass, intimidate,
threaten, assault or otherwise discriminate against any person
in or upon any public accommodation because of the race, color,
sex, age, religious creed, disability, national origin or ancestry,
sexual orientation, gender, marital status, family status, military
status or
source of income of such person, or attempt to do so.
O. It is an unlawful practice for any person to commit any act
forbidden by this chapter for any reason that would not have been
asserted, wholly or partially, but for the race, color, sex, age,
religious creed, disability, national origin or ancestry, sexual
orientation, gender, marital status, family status, military status
or source of income of any person.
P. It is an unlawful practice for any person to aid, abet, incite,
compel, coerce or conspire to the commission of any of the acts
forbidden by this chapter or to attempt to do so.
Q. It is an unlawful practice for any person to discharge, expel,
evict, harass, retaliate in any manner or otherwise take action
against any person because such person has opposed any act forbidden
by this chapter or because such person has filed a complaint,
testified or assisted in any proceeding under this chapter. (Ord.
1016 (part), 1984: prior code Ch. 25 § 8(A))
(Ord. 11 82, Amended, 092/24/197)
2.76.130 Cooperation with other government agencies.
The Commission shall work cooperatively with federal, State and
City agencies, including, but not limited to the School Department
and the Massachusetts Commission Against Discrimination, in developing
materials, workshops, public presentations and other educational
resources designed to eliminate prejudice, intolerance, bigotry
and discrimination and to enlist the cooperation of the various
racial, religious and ethnic groups, civic and community organizations,
labor organizations, fraternal and benevolent organizations and
other groups to further the intent and purposes of this chapter.
(Ord. 1016 (part), 1984: prior code Ch. 25 § 8(B))
2.76.140 Investigation of discrimination--Powers and duties.
A. The function of the Commission shall be to implement the policy
of this chapter by receiving and investigating complaints of discrimination,
initiating its own investigations of discrimination, mediating
complaints, holding hearings and presenting findings to the City
Manager and/or government agencies such as the Massachusetts Commission
Against Discrimination or the courts.
B. The Commission shall exercise its authority through the following
powers and duties:
1. To receive and investigate complaints and to initiate its own
investigations of violations of this chapter;
2. To transmit for filing with other government agencies copies
of any and all complaints filed with the Commission, or which
the Commission is otherwise aware, that relate to acts of discrimination
under the jurisdiction of such agencies;
3. To attempt by mediation to resolve any discrimination complaint
over which it has jurisdiction and to recommend to all appropriate
government agencies such action as it feels will resolve any such
complaint and, if deemed expedient, to hold hearings, summons,
witnesses, compel their attendance, administer oaths, take the
testimony of any person under oath and in connection therewith
to require the production of any relevant evidence. The power
to summons witnesses as defined in this chapter shall be limited
to those powers and procedures set forth in Chapter 233, Section
8 of the Massachusetts General Laws. At any hearing before the
Commission, or any committee thereof, a witness shall have the
right to be advised and represented by counsel
present during any such hearing;
4. With respect to complaints not resolved by mediation, to file
a complaint or report of its findings and
recommendations with any court or government agency having jurisdiction
over the matter in question; to seek
or apply remedies as enumerated in Section 2.76.l50 of this chapter;
and in all cases urging and using its best
efforts to bring about compliance with its recommendations;
5. To seek or accept grants, gifts or bequests to help finance
its activities. (Ord. 1016 (part), 1984: prior code
Ch. 25 § 8(C))
2.76.150 Complaint resolution procedures.
A. Any person or class of persons claiming to be aggrieved by
an alleged violation of this chapter may make,
sign and file with the Commission a verified complaint in writing
which shall state the name and address of the
person alleged to have committed such violation and the particulars
and other such information as may be
required by the Commission. The Commission may also on its own
motion issue a complaint, whenever it has
reason to believe that any person has engaged in an unlawful practice
in violation of this chapter.
B. No complaint shall be considered unless it is filed within
one hundred eighty days after the occurrence of the
alleged unlawful practice, or unless it has been referred to the
Commission by the Massachusetts Commission
Against Discrimination or the Equal Employment Opportunity Commission
after having been timely filed with
either or both agencies.
C. The filing of a complaint, the failure to file a complaint,
or the dismissal of a complaint by the Commission
shall not bar the complainant from seeking relief in any other
administrative or judicial forum. Nor shall filing or
failing to file a complaint with other federal, State or City
agencies or courts bar the complainant from seeking
relief through the Commission.
D. After the filing of any complaint, the Chairperson of the Commission
shall designate the Executive Director
or one or more of the Commissioners to oversee a prompt investigation
thereof with the assistance of the staff
of the Commission.
E. If such Commissioner(s) determine after such investigation
that no probable cause exists for crediting the
allegations of the complaint, they shall promptly file a report
of such findings with the Commission, which shall
determine whether or not to dismiss the complaint. The Commission
shall, within ten days from such
determination, notify the complainant in writing of such determination.
F. If such Commissioner(s) determine after such investigations
that probable cause does exist for crediting the
allegations of the complaint or if the Commission so determines,
notwithstanding a negative report from such
Commissioner(s), the Commission shall forthwith endeavor by conference,
conciliation and persuasion to
eliminate the unlawful practice. The Commission and its staff
shall not disclose what has occurred in the course
of such endeavors except to disclose the terms of conciliation
when the complaint has been disposed of in this
manner.
G. In the case of failure to eliminate an alleged unlawful practice
by the process of mediation or after ninety days
have passed from commencement of mediation, or if probable cause
exists that a conciliation agreement has
been violated, the Commission shall issue and serve in its name
a written notice, together with a copy of the
complaint, requiring the person named in the complaint (hereinafter
called the "respondent") to answer the
charges of the complaint at a hearing of the Commission at a reasonable
time and place specified in such
notice. The respondent may file a written verified answer to the
complaint and appear at such hearing in person,
with or without counsel, and submit testimony. The Commission
may designate a staff member to present
evidence on behalf of the complainant or may permit the complainant
to do so himself or herself or by counsel.
The Commission shall not be bound by the strict rules of evidence
prevailing in the courts. The testimony taken
at the hearing shall be under oath and recorded, and shall be
transcribed at the request of any party.
H. If, upon all the evidence, the Commission shall find that a
respondent has not engaged in any unlawful
practice or violation of this chapter, the Commission shall state
its findings of fact and shall issue and cause to
be served on the complainant an order dismissing the complaint
as to such respondent.
I. If, upon all the evidence, the Commission shall find that a
respondent has engaged in any unlawful practice or
violation of this chapter, the Commission shall state its findings
of fact and shall forthwith seek relief through one
or more of the following actions:
1. File a criminal complaint against the respondent in the Cambridge
District Court or in the district court for the
judicial district in which the respondent resides, seeking fines
of up to three hundred dollars, or the maximum
under State law, for each such violation;
2. Levy a civil fine of up to three hundred dollars for each such
violation;
3. File a complaint against the respondent in Superior Court seeking
injunctive relief, including a temporary
restraining order; or
4. File a complaint against the respondent in a court of appropriate
jurisdiction seeking the award to the
complainant of damages, expenses, punitive damages and other relief,
as appropriate.
J. The Commission may be represented in court by the City Solicitor
or by its own attorneys.
K. It shall be a crime punishable by a fine of not more than three
hundred dollars, or the maximum under State
law, per violation to commit any unlawful practice under this
section and Sections 2.76.110, 2.76.120 and
2.76.130 of this chapter. (Ord. 1016 (part), 1984: prior code
Ch. 25 § 8(D))
2.76.160 City discrimination policy.
A. Any practice that by design or effect discriminates against
individuals, because of race, color, sex, age,
religious creed, disability, national origin or ancestry, sexual
orientation, gender, marital status, family status,
military status or source of income is of public concern, as such
discrimination creates strife, hostility and
unrest, threatens or impairs the rights and privileges of individuals
and deprives individuals of the benefits of a
free and open society. Discrimination that deprives individuals
of equal opportunities is unjust and results in
serious injury to the public safety, health and welfare of the
City.
B. Accordingly, it is the policy of the City to safeguard the
equal opportunities of all individuals in the City in
accordance with their abilities, regardless of their race, color,
sex, age, religious creed, disability, national
origin or ancestry, sexual orientation, gender, marital status,
family status, military status or source of income
and to prevent discrimination against such individuals in the
provision of City services and in employment,
housing and real estate, education, credit, bonding, insurance
and public accommodations.
C. Further, it is the policy of the City to encourage harmony
and mutual respect among its inhabitants and
visitors and to reduce tensions and strife caused by discrimination.
(Ord. 1016 (part), 1984: prior code Ch. 25 §
9(A))
(Ord.1182, Amended, 02/24/1997)
2.76.170 Applicability--Police powers.
A. The provisions of this chapter shall be construed liberally
for the accomplishment of the purposes of this
chapter, and any ordinances or portions thereof inconsistent with
any provisions of this chapter shall not apply.
B. This chapter shall be deemed an exercise of the police power
of the City for the protection of the public
safety, health, prosperity and welfare. (Ord. 1016 (part), 1984:
prior code Ch. 25 § 9(B))
2.76.180 Chapter provisions not exclusive.
A. Nothing in this chapter shall be construed to limit civil rights
granted or hereinafter afforded by the laws of the
federal government or of the Commonwealth.
B. Nothing in this chapter shall be deemed to exempt or relieve
any person from any liability, duty, penalty or
punishment provided by any present or future law of the Commonwealth
or the United States, other than any
such law which purports to require or permit the doing of any
act which would be unlawful under this chapter.
C. Any remedies provided by this chapter shall be cumulative with
any other remedies provided by local, state
or federal law. (Ord. 1016 (part), 1984: prior code Ch. 25 §
9(C))