I. Intent.

It is the intent of the City that  no person be denied the equal   protection of the laws: nor shall  any person be denied the enjoyment of his or her civil or political rights or be discriminated against because of race. color. religion, national origin. sex, sexual orientation, age. marital status, having a disability, familial status, educational association, source of income, height or weight.

Nothing herein contained shall be construed to prohibit any affirmative action laws passed by any level of government.  Further, nothing in this chapter shall be construed to establish affirmative action for any of the classes defined herein.

II. Definitions.

As used in this chapter, the following words and phrases have the following meanings

(1) "Age." Chronological age.

(2) "Contractor." A person who by contract furnishes services, materials or supplies. "Contractor" does not include persons who are merely creditors or debtors or the City, such as those holding the City's notes or bonds or persons whose notes, bonds or stock is held by the City.

(3) "Discriminate." To subject anyone to different or separate treatment, based in whole or in part, on the person's actual or perceived race, color, religion, national origin. sex, sexual orientation, age, marital status, having a disability, familial status, educational association, height, or weight.

Discrimination based on sex includes sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other to obtain employment, public accommodations or housing.

(i)  Submission to such conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or housing.

(ii) Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individuals employment, public accommodations or housing.

(iii) Such conduct or comrnunication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, or housing environment.

(iv) Prohibited conduct constitutes sexual harassment whether it occurs between people of the same or opposite sex

(4) "Educational Association." The fact of being enrolled or not enrolled at any educational institution.

(5) "Employer." A person employing five (5) or more persons.

(6) "Familial Status." The state of being related by blood or affinity to the fourth degree.

(7) "Minority." A person who is African-American, Native American, Spanish-surnamed or Asian.

(8) "Housing Facility." Any dwelling unit or facility used for a person to regularly sleep and keep personal belongings including, but not limited to, a house, apartment, rooming house, housing cooperative, hotel, motel, tourist home, retirement home or nursing home.

(9) "Marital Status." The stale of being married, unmarried, divorced, separated or widowed.

(10) "Disability." A functional limitation that interferes with a persons ability to see, walk, lift, hear or learn. It may refer to a physical, sensory or mental condition unrelated to ones ability to safely perform the work involved in jobs or positions available to such person for hire or promotion or a limitation of physical capabilities unrelated to ones ability to acquire, rent and maintain property. Impairment refers to loss of abnormality of an organ or body mechanism which may result in disability.

(11) "Place of Public Accommodation." An educational, governmental, health, day care. entertainment cultural, recreational, refreshment, transportation, financial institution, accommodation, business or other facility of any kind, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public, or which receives financial support through the solicitation of the general public or through governmental subsidy of any kind.

(12) "Sexual Orientation." Heterosexuality, male or female homosexuality, bisexuality or gender identity.

(13) income means any of the following:

(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer and successor employers.

(ii) A payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental unemployment benefits, or workers compensation.

(iii) An amount of money that is due to an individual as a debt of another individual partnership association or private or public corporation the United States or a federal agency, this state or a political subdivision of this state, another state, or another legal entity that is indebted to the individual.

(14) "Person." Any individual business, whether incorporated or not, or any governmental entity.

 

III. Discriminatory Housing Practices

(1) No person shall discriminate in leasing, selling or otherwise making available any housing facilities.

(2) No person shall discriminate in the terms, conditions maintenance or repair in providing any housing facility.

(3) No person shall refuse to lend money for the purchase or repair of any real property solely because of the location in the City of such real property.

(4) No person shall promote real estate transactions by representing that changes are occurring or will occur in an area with respect to race, religion, sexual orientation or national origin.

(5) No person shall place a sign or other display on any real property which indicates that the property is for sale or has been sold when it is not for sale or has not recently been sold

IV. Discriminatory Public Accommodation Practices

No person shall discriminate in making available access to all goods,. services, activities,. privileges and accommodations of any place of public accommodation

V. Discriminatory Employment Practices

(1) No person shall discriminate in the employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any person.

(2) No person shall discriminate in limiting membership, conditions of membership or termination of membership in any labor union or apprenticeship program.

VI. Other Prohibited Practices Practices

(1) No person shall adopt, enforce or employ any policy or requirement, publish, post or broadcast any advertisement sign or notice which discriminates or indicates discrimination in providing housing, employment or public accommodations.

(2) No person shall discriminate in the publication or distribution or advertising material, information or solicitation regarding housing, employment or public accommodations.

(3) No agent, broker, labor union, employment agency or any other intermediary shall discriminate in making referrals, listings or providing information with regard to housing, employment or public accommodations A report of the conviction of any such person for a violation of this Chapter shall be made to the applicable licensing or regulatory agency for such person or business

(4) No person shall coerce, threaten or retaliate against a person lot making a complaint or assisting in the investigation regarding a violation or alleged violation of this Chapter, nor require, request, conspire with, assist or coerce another person to retaliate against a person for making a complaint or assisting in an investigation.

(5) No person shall conspire with, assist, coerce or request another person to discriminate in any manner prohibited by this Chapter.

 

VII. Information and Investigation

(1) All persons claiming to be aggrieved by a discriminatory or unfair practice may, by themselves or by counsel, file with the City Attorney a verified, written complaint which shall state the details, name and address of the person(s) or entity alleged to have committed the discriminatory or unfair practice.

(2) After filing of a verified complaint a true copy shall be served within ten (10) days by certified mail on the person against whom the complaint is filed.

(3) The City Attorney shall refer this complaint to appropriate city departmental units and agencies for investigation as to the basis of the complaint.

(4) After sufficient review and determination, the City Attorney shall issue a written opinion to the Commission whether probable cause exists to believe a discriminatory practice or practices occurred as alleged by the complainant.

(5) For an investigation, a person may be required to produce books, papers, records or other documents that may be relevant to a violation or alleged violations of this Chapter. If said person does not comply with such request, the City Attorney may apply to Washtenaw County Circuit Court for an order requiring production of said materials.

(6) If it is determined that no probable cause exists, the City Attorney shall notify the complainant and respondent in writing of the dismissal of the complaint

VIII. Conciliation Agreements and Mediation.

(1) If probable cause has been determined, the Human Relations Commission shall notify the complainant and respondent of mediation. Participation in mediation is voluntary, and either party may reject the offer to mediate. If the mediation request is accepted, the notice shall inform the parties of the identity of the mediator and shall request a time for the mediation to occur, no later than 45 days from the date probable cause was determined. Mediation shall be an informal process conducted by the Human Relations Commission in accordance with the procedures established by the City Council.

(2) Mediation sessions are not open to the public, but any resolution of the dispute reached through mediation shall not be final until released by the Human Relations Commission. Violations of such agreements shall be violations of this chapter

IX. Injunctions.

Nothing in this ordinance shall prohibit an aggrieved person(s) from commencing civil action to obtain injunctive relief to prevent discrimination prohibited by this Chapter.

X. Discriminatory Effects.

No person shall adopt, enforce or employ any policy or requirement which has the effect of creating unequal opportunities according to race, color, religion, national origin, sex, sexual orientation, age, source of income, familial status, educational association, marital status, having a disability, height or weight for a person to obtain housing, employment or public accommodation, except for a bona fide business necessity. Such a necessity does not arise due to a mere inconvenience or because of suspected or actual objection to such a person by neighbors, customers, or other persons.

 

IX. Exceptions.

Notwithstanding anything contained in this Chapter, the following practices shall not be violations of this Chapter.

(1) This Ordinance shall not be construed to prohibit or interfere with the exercise of a person's First Amendment rights.

(2) For a religious organization or institution to restrict any of its facilities of housing or accommodations which are operated as a direct part of religious activities to persons of the denomination involved or to restrict employment opportunities for officers. religious instructors and clergy.

(3) For the owner of an owner-occupied one-family or two-family dwelling, or a housing facility or public accommodation facility, respectively, devoted entirely to the housing and accommodation of individuals of one sex, to restrict occupancy and use on basis of sex.

(4) To limit occupancy in a housing project or to provide public accommodations or employment privileges or assistance to persons of low income, over fifty-five (55) years of age or who are handicapped.

(5) To engage in a bona tide effort to establish or enforce an affirmative action program to improve opportunities in employment f or minorities and women

(6) To discriminate based on a person’s age when State, Federal or local law require such discrimination.

(7) To refuse to enter into a contract with an unemancipated minor.

(8) To refuse to admit to a place of public accommodation serving alcoholic beverage; a person under the legal  age for purchasing alcoholic beverages.

(9) To refuse to admit person(s) under eighteen (18) years of age to a business providing entertainment or selling literature merchandise of a sexually explicit matter as defined by Michigan Compiled Laws Section 722.671 et seq.

(10) For an educational institution to limit the use of its facilities to those affiliated with such institution.

(11) To provide discounts on products or service(s) to students, minors and/or senior citizens.

(12) For a person to discriminate in any arrangement for the sharing of his or her own dwelling unit in which that person resides.

(13) To restrict use of lavatories and locker room facilities on the basis of sex.

(14) To use marital status limitations in health or pension plans if they conform to Federal and State laws and regulations.

XII. Affirmative Action by City Contractors

(1) All contractors proposing to do business with the City of Ypsilanti shall abide by Ypsilanti City Ordinance No. 1.251 et seq., Chapter 5, as amended.

XIII. Penalties.

(1) A violation of any provision of this Chapter is a civil infraction punishable by a fine of not more than $50000 plus all costs of the action. A court of competent jurisdiction may issue and enforce any judgment, writ, or order necessary to enforce this Chapter. This may include, but is not limited to, reinstatement, payment of lost wages, hiring, or promotion, sale, exchange, lease or sublease of real properly, admission to a place of public accommodation, or other relief deemed appropriate

(2) Nothing contained in this Chapter shall be constituted to limit in any way the remedies, legal or equitable, which are available to the City or any other person for the prevention or correction of discrimination

XIV. Private Actions for Damages or Injunctive Relief.

(1) An individual who is the victim at discrimination in violation at this Chapter may bring a Civil action for appropriate injunctive relief or damages or both against the person(s) who acted in violation of this Chapter.

(2) As used in this Chapter "damages" includes any injury or loss caused by each violation of this Chapter, including, but not limited to, reasonable attorneys fees.

(3) Private actions and remedies under this Section are in addition to any actions for violations the City may take.

XV. Limitation of Action

(i) No complaint shall be accepted nor action taken unless filed within one year from the date of the alleged unlawlul practice. Where the alleged unlawful practice is of a continuing nature the limitation period shall not commence to run until the unlawful practice has ceased.