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HomeMy WebLinkAbout2020-09-28 20-313 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: September 28, 2020 Item No: 20-313 Responsible Dept: Legal Action Requested: Ordinance AS AMENDED 09/28/2020 20-313 Map/Lot: N/A Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit Discrimination on the Basis of Gender Identity Summary This Ordinance would prohibit discrimination on the basis of gender identity. The City's Code of Ordinances currently prohibits discrimination on the basis of sexual orientation. If approved, this amendment would add language to prohibit discrimination on the basis of gender identity in employment, housing, public accommodations, extension of credit, and education. Committee Action Committee: Government Operations Action: Support Staff Comments & Approvals Meeting Date: For: 4 Against: 0 City Manager City Solicitor Finance Director Introduced for: First Reading CITY COUNCIL ORDINANCE Date: September 28, 2020 Assigned to Councilor: Supica AS AMENDED 09/28/2020 20-313 ORDINANCE, Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit Discrimination on the Basis of Gender Identity WHEREAS, the Non -Discrimination Chapter of the Code of the City of Bangor was adopted by the City Council in September 2001 to provide protection from discrimination based on sexual orientation; and WHEREAS, this Code chapter has not been updated in the last nineteen years; and WHEREAS, the Code chapter does not presently address discrimination on the basis of gender identity; and WHEREAS, transgender people can face discrimination in a number of areas, including employment, housing, and other settings; and WHEREAS, federal protection from discrimination on the basis of gender identity is limited; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT That Chapter 195, Non -Discrimination, of the Code of the City of Bangor is amended as follows: § 195-1 Findings. A. The Council finds that: () The people who make up the City include those who are gay, and lesbian, bisexual, transgender, and of other sexual and gender identities. () Hemesexuals Individuals may face discrimination in employment, housing, access to public accommodations, education and in the extension of financial credit based on their sexual orientation or gender identity. () Federal, state and town laws offer no clear prohibition of discrimination based on sexual orientation or aender identity in employment, housing, access to public accommodations, education and in the extension of financial credit. () Heng ....._„ "'s Individuals may be reluctant to report acts of harassment or violence based on sexual orientation or gender identity because of a lack of legal protection against discrimination in employment, housing, access to public accommodations, education and in the extension of financial credit. AS AMENDED 09/28/2020 20-313 B. Therefore, in order to protect the public health, safety and welfare, it is declared to be the policy of this City to prevent discrimination in employment, housing, access to public accommodations, education or in the extension of credit, on account of sexual orientation or gender identity. § 195-2 Definitions. As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: GENDER IDENTITY One's self -identification as a particular gender. HOUSING ACCOMMODATION Any building or structure or portion thereof, or any parcel of land, developed or undeveloped, which is occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes, excepting: A. The rental of a one -family unit of a two-family dwelling, one unit of which is occupied by the owner. B. The rental of not more than four rooms of a one -family dwelling which is occupied by the owner. C. The rental of any dwelling owned, controlled or operated for other than a commercial purpose by a religious corporation to its membership unless such membership is restricted on account of sexual orientation or aender identity. SEXUAL ORIENTATION Having a preference or orientation for, being identified as having a preference or orientation for, or having a history of a preference for, heterosexuality, homosexuality, e� bisexualitypansexuality, or asexuality. § 195-3 Employment discrimination. It shall be unlawful employment discrimination, in violation of this article, except where based on a bona fide occupational qualification: A. For any employer to fail or refuse to hire or otherwise discriminate against any applicant for employment because of sexual orientation or aender identity or because of such reason to discharge an employee or discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to employment, or in recruiting of individuals for employment or in hiring them, to utilize any employment agency which such employer knows, or has reasonable cause to know, discriminates against individuals because of their sexual orientation or aender identity. B. For any employment agency to fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual because of sexual orientation or gender identity, or to comply with an employer's request for the referral of job applicants, if such request indicates, whether directly or indirectly, that such employer will not afford full and equal employment opportunities to individuals regardless of their sexual orientation or gender identity. AS AMENDED 09/28/2020 20-313 C. For any labor organization to exclude from apprenticeship or membership, or to deny full and equal membership rights, to any applicant for membership, because of sexual orientation or aender identity, or because of such reason to deny a member full and equal membership rights, expel from membership, penalize or otherwise discriminate in any manner with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, representation, grievances or any other matter directly or indirectly related to membership or employment, whether or not authorized or required by the constitution or bylaws of such labor organization or by a collective labor agreement or other contract, or to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against any member because of such sexual orientation or gender identity, or to cause or attempt to cause an employer to discriminate against an individual in violation of this section. D. For any employer or employment agency or labor organization, prior to employment or admission to membership of any individual, to: () Elicit or attempt to elicit any information, directly or indirectly pertaining to sexual orientation or aender identity except where some privileged information is necessary for an employment agency or labor organization to make a suitable job referral. () Make or keep a record of sexual orientation or gender identity. () Use any form of application for employment or personnel or membership blaRk containing questions or entries directly or indirectly pertaining to sexual orientation or gender identity. () Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon sexual orientation or gender identity. () Establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of sexual orientation or gender identity. E. For an employer or employment agency or labor organization to discriminate in any manner against any individual because they have opposed any practice which would be a violation of this article, or because they have made a charge, testified or assisted in any manner in any investigation, proceeding or hearing under this article. F. For any employer, employment agency or labor organization, on the basis of sexual orientation or gender identity, to apply any rule concerning the actual or potential family or marital status of a person. § 195-4 Activities not considered employment discrimination. It shall not be unlawful employment discrimination: A. Records. After employment or admission to membership, to make a record of such features of an individual as are needed in good faith for the purpose of identifying them, provided such record is intended and used in good faith solely for such identification, and not for the purpose of discrimination in violation of this article. B. Required records. To record any data required by law, or by the rules and regulations of any state or federal agency, provided such records are kept in good faith for the purpose of complying with law, and are not used for the purpose of discrimination in violation of this article. AS AMENDED 09/28/2020 20-313 § 195-5 Housing discrimination. It shall be unlawful housing discrimination, in violation of this article: A. For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation, or any agent of these, to make or cause to be made any written or oral inquiry concerning the sexual orientation or gender identity of any prospective purchaser, occupant or tenant of such housing accommodation; or to refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual such housing accommodation because of sexual orientation or gender identity of such individual; or to issue any advertisement relating to the sale, rental or lease of such housing accommodation which indicates any preference, limitation, specification or discrimination based upon sexual orientation or gender identity; or to discriminate against any individual because of sexual orientation or gender identity in the price, terms, conditions or privileges of the sale, rental or lease of any such housing accommodations or in the furnishing of facilities or services in connection therewith, or to evict or attempt to evict any tenant of any housing accommodation because of sexual orientation or gender identity; B. For any real estate broker or real estate sales person, or agent of one of them, to fail or refuse to show any applicant for a housing accommodation any such accommodation listed for sale, lease or rental, because of sexual orientation or aender identity of such applicant or of any intended occupant of such accommodation, or to misrepresent for the purpose of discriminating on account of sexual orientation or aender identity of such applicant or intended occupant the availability or asking price of a housing accommodation listed for sale, lease or rental; or for such a reason to fail to communicate to the person having the right to sell or lease such housing accommodation any offer for the same made by any applicant thereof; or in any other manner to discriminate against any applicant for housing because of sexual orientation or aender identity of such applicant or of any intended occupant of the housing accommodation, or to make or cause to be made any written or oral inquiry or record concerning the sexual orientation or aender identity of any such applicant or intended occupant, or to accept for listing any housing accommodation when the person having the right to sell or lease the same has directly or indirectly indicated an intention of discriminating among prospective tenants or purchasers on the ground of their sexual orientation or aender identity, or when he knows or has reason to know that the person having the right to sell or lease such housing accommodation has made a practice of such discrimination since the effective date of this article; or C. For any person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured, or agent of such person, to make or cause to be made any oral or written inquiry concerning the sexual orientation or gender identity of any individual seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodations; or to discriminate in the granting of such financial assistance, or in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance, against any applicant because of the sexual orientation or gender identity such applicant or of the existing or prospective occupants or tenants. D. For any person enumerated in § 195-5A, B or C, on the basis of sexual orientation or gender identity, to apply any rule concerning the actual or potential family or marital status of a person. § 195-6 Activity not considered housing discrimination. Nothing in this article shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to set up and enforce specifications in the selling, renting, leasing or letting thereof or in the furnishings of facilities or services in connection therewith which are not based on the sexual orientation or aender identity of any AS AMENDED 09/28/2020 20-313 prospective or actual purchaser, lessee, tenant or occupant thereof. Nothing in this article ^taiRed shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations or specifications for the granting of such loans or financial assistance which are not based on the sexual orientation or gender identity of any existing or prospective owner, lessee, tenant or occupant of such housing accommodation. Nothing in this article shall be construed in any manner as to interfere with the ability of a person to express preferences based upon sex in their own shared living situation, or as otherwise allowed under the Fair Housina Act. § 195-7 Public accommodations discrimination. It shall be unlawful public accommodations discrimination, in violation of this article: A. For any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, to directly or indirectly refuse, discriminate against or in any manner withhold from or deny the full and equal enjoyment to any person, on account of sexual orientation or gender identity, any of the accommodations, advantages, facilities, goods, services or privileges of such place of public accommodation, or for such reason in any manner to discriminate against any person in the price, terms or conditions upon which access to such accommodations, advantages, facilities, goods, services and privileges may depend; or B. For any person to directly or indirectly publish, display or communicate any notice or advertisement to the effect that any of the accommodations, facilities and privileges of any place of public accommodation shall be refused, withheld from or denied to any person on account of sexual orientation or gender identity, or that the patronage or custom of any person belonging to or purporting to be of any particular sexual orientation or gender identity is unwelcome, objectionable or not acceptable, desired or solicited, or that the clientele thereof is restricted to members of particular sexual orientation or gender identity. The production of any communication, notice or advertisement purporting to relate to any such place of accommodation shall be presumptive evidence in any action that the same was authorized by its owner, manager or proprietor. C. For any person enumerated in § 195-7A, on the basis of sexual orientation or gender identity, to apply any rule concerning the actual or potential family or marital status of a person. § 195-8 Credit discrimination. It shall be unlawful credit discrimination for any creditor to refuse the extension of credit to any person or to apply any rule concerning the actual or potential family or marital status of a person, on the basis of sexual orientation or aender identity in any credit transaction. It shall not be unlawful credit discrimination to comply with the terms and conditions of any bona fide group credit life, accident and health insurance plan, for a financial institution extending credit to a married person to require both the husband and the wife to sign a note and a mortgage and to deny credit to persons under the age of 18 or to consider a person's age in determining the terms upon which credit will be extended. § 195-9 Educational discrimination. It shall be unlawful educational discrimination for an educational institution, on the basis of sexual orientation or gender identity, to: A. Exclude a person from participation in, deny a person the benefits of or subject a person to discrimination in any academic, extracurricular, research, occupational training or other program or activity. AS AMENDED 09/28/2020 20-313 B. Deny a person equal opportunity in athletic programs. C. Apply any rule concerning the actual or potential family or marital status of a person. D. Deny admission to the institution or program or fail to provide equal access to and information about an institution or program through recruitment. E. Deny financial assistance availability or opportunity. § 195-10 Prohibition against retaliation and coercion. A. A person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this article or because that individual made a charge, testified, assisted or participated in any manner in an investigation or proceeding under this article. B. It is unlawful for a person to coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of the rights granted or protected by this article or because that individual has exercised or enjoyed, or has aided or encouraged another individual in the exercise or enjoyment of, those rights. C. The remedies and procedures available under the enforcement provisions of this article are available to persons for violations of the preceding two subsections. § 195-11 Enforcement. A. A violation of this article shall be a civil infraction and shall be enforceable in the Maine Superior Court in a civil action. Not later than two years after the act of unlawful discrimination complained of, a person who has been subject to unlawful discrimination may file a civil action in the Superior Court against the person or persons who committed the unlawful discrimination. B. In any civil action under this article, the burden shall be on the person seeking relief to prove, by a fair preponderance of the evidence, that the alleged unlawful discrimination occurred. C. In any action filed under this article by any person: () If the Court finds that unlawful discrimination occurred, its judgment shall specify an appropriate remedy or remedies therefor. Such remedies may include, but are not limited to, any and all remedies provided for in the Maine Human Rights Act, 5 M.R.S.A. § 4613, as same may be amended from time to time. () Where any person who has been the subject of alleged unlawful housing discrimination has not acquired substitute housing, temporary injunctions against the sale or rental to others of the housing accommodations as to which the violation allegedly occurred, or against the sale or rental of a single housing accommodation substantially identical thereto and controlled by the alleged violator, shall be liberally granted in the interests of furthering the purposes of this article, when it appears probable that the plaintiff will succeed upon final disposition of the case. () In any civil action under this article, the court, in its discretion, may allow the prevailing party reasonable attorneys' fees and costs. § 195-12 Exceptions. AS AMENDED 09/28/2020 20-313 In addition to the other exceptions and exemptions provided in this article, this article does not: A. Require the teaching of any particular subject in the public schools; B. Apply to a religious corporation, association or organization; C. Apply to the state or federal government, or any of its agencies, including but not limited to the University of Maine System; or D. Require any form of affirmative action based on sexual orientation or gender identity. Additions are underlined, deletions strtrel( thFeugr. Title Ordinance CITY COUNCILACTION Council Meeting Date: September 28, 2020 Item No: 20-313 Responsible Dept: Legal Action Requested: Ordinance 20-313 09/28/2020 Map/Lot: N/A Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit Discrimination on the Basis of Gender Identity Summary This Ordinance would prohibit discrimination on the basis of gender identity. The City's Code of Ordinances currently prohibits discrimination on the basis of sexual orientation. If approved, this amendment would add language to prohibit discrimination on the basis of gender identity in employment, housing, public accommodations, extension of credit, and education. Committee: Government Operations Action: Support City Manager Introduced for: First Reading Meeting Date: For: 4 Against: O City Solicitor Finance Director CITY COUNCIL ORDINANCE Date: September 28, 2020 Assigned to Councilor: Supica 20-313 09/28/2020 ORDINANCE, Amending the Code of the City of Bangor, Chapter 195, Non -Discrimination, to Prohibit Discrimination on the Basis of Genderldentity WHEREAS, the Non -Discrimination Chapter of the Code of the City of Bangor was adopted by the City Council in September 2001 to provide protection from discrimination based on sexual orientation; and WHEREAS, this Code chapter has not been updated in the last nineteen years; and WHEREAS, the Code chapter does not presently address discrimination on the basis of gender identity; and WHEREAS, transgender people can face discrimination in a number of areas, including employment, housing, and other settings; and WHEREAS, federal protection from discrimination on the basis of gender identity is limited; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT That Chapter 195, Non -Discrimination, of the Code of the City of Bangor is amended as follows: § 195-1 Findings.. A. The Council finds that: (1) The people who make up the City include those who are gayL afte lesbian, bisexual, transgender, and of other sexual and aender identities. () HoMosexuals Individuals may face discrimination in employment, housing, access to public accommodations, education and in the extension of financial credit based on their sexual orientation or aender identity. () Federal, state and town laws offer no clear prohibition of discrimination based on sexual orientation or aender identity in employment, housing, access to public accommodations, education and in the extension of financial credit. () HoA'losexuals Individuals maybe reluctant to report acts of harassment or violence based on sexual orientation or gender identity because of a lack of legal protection against discrimination in employment, housing, access to public accommodations, education and in the extension of financial credit. 20-313 09/28/2020 B. Therefore, in order to protect the public health, safety and welfare, it is declared to be the policy of this City to prevent discrimination in employment, housing, access to public accommodations, education or in the extension of credit, on account of sexual orientation or gender identity. § 195-2 Definitions. As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: GENDER IDENTITY One's self -identification as a particular gender. HOUSING ACCOMMODATION Any building or structure or portion thereof, or any parcel of land, developed or undeveloped, which is occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes, excepting: A. The rental of a one -family unit of a two-family dwelling, one unit of which is occupied by the owner. B. The rental of not more than four rooms of a one -family dwelling which is occupied by the owner. C. The rental of any dwelling owned, controlled or operated for other than a commercial purpose by a religious corporation to its membership unless such membership is restricted on account of sexual orientation or gender identity. SEXUAL ORIENTATION Having a preference or orientation for, being identified as having a preference or orientation for, or having a history of a preference for, heterosexuality, homosexuality£ eF bisexuality, pansexuality, or asexuality. § 195-3 Employment discrimination. It shall be unlawful employment discrimination, in violation of this article, except where based on a bona fide occupational qualification: A. For any employer to fail or refuse to hire or otherwise discriminate against any applicant for employment because of sexual orientation or aender identity or because of such reason to discharge an employee or discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to employment, or in recruiting of individuals for employment or in hiring them, to utilize any employment agency which such employer knows, or has reasonable cause to know, discriminates against individuals because of their sexual orientation or gender identity. B. For any employment agency to fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual because of sexual orientation or gender identity, or to comply with an employer's request for the referral of job applicants, if such request indicates, whether directly or indirectly, that such employer will not afford full and equal employment opportunities to individuals regardless of their sexual orientation or gender identity. 20-313 09/28/2020 C. For any labor organization to exclude from apprenticeship or membership, or to deny full and equal membership rights, to any applicant for membership, because of sexual orientation or gender identity. or because of such reason to deny a member full and equal membership rights, expel from membership, penalize or otherwise discriminate in any manner with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, representation, grievances or any other matter directly or indirectly related to membership or employment, whether or not authorized or required by the constitution or bylaws of such labor organization or by a collective labor agreement or other contract, or to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against any member because of such sexual orientation or gender identity. or to cause or attempt to cause an employer to discriminate against an individual in violation of this section. D. For any employer or employment agency or labor organization, prior to employment or admission to membership of any individual, to: () Elicit or attempt to elicit any information, directly or indirectly pertaining to sexual orientation or aender identity except where some privileged information is necessary for an employment agency or labor organization to make a suitable job referral. () Make or keep a record of sexual orientation or gender identity. () Use any form of application for employment or personnel or membership elaA* containing questions or entries directly or indirectly pertaining to sexual orientation or gender identity. () Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon sexual orientation or gender identity. (5) Establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of sexual orientation or gender identity. E. For an employer or employment agency or labor organization to discriminate in any manner against any individual because they have opposed any practice which would be a violation of this article, or because they have made a charge, testified or assisted in any manner in any investigation, proceeding orhearing under this article. F. For any employer, employment agency or labor organization, on the basis of sexual orientation orgender identity, to apply any rule concerning the actual or potential family or marital status of a person. § 195-4 Activities not considered employment discrimination. It shall not be unlawful employment discrimination: A. Records. After employment or admission to membership, to make a record of such features of an individual as are needed in good faith for the purpose of identifying them, provided such record is intended and used in good faith solely for such identification, and not for the purpose of discrimination in violation of this article. B. Required records. To record any data required by law, or by the rules and regulations of any state or federal agency, provided such records are kept in good faith for the purpose of complying with law, and are not used for the purpose of discrimination in violation of this article. § 195-5 Housing discrimination. 20-313 09/28/2020 It shall be unlawful housing discrimination, in violation of this article: A. For any owner, lessee, sublessee, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation, or any agent of these, to make or cause to be made any written or oral inquiry concerning the sexual orientation or gender identity of any prospective purchaser, occupant or tenant of such housing accommodation; or to refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual such housing accommodation because of sexual orientation QL gender identity of such individual; or to issue any advertisement relating to the sale, rental or lease of such housing accommodation which indicates any preference, limitation, specification or discrimination based upon sexual orientation or gender identity: or to discriminate against any individual because of sexual orientation or gender identity in the price, terms, conditions or privileges of the sale, rental or lease of any such housing accommodations or in the furnishing of facilities or services in connection therewith, or to evict or attempt to evict any tenant of any housing accommodation because of sexual orientation QL aender identity: B. For any real estate broker or real estate sales person, or agent of one of them, to fail or refuse to show any applicant for a housing accommodation any such accommodation listed for sale, lease or rental, because of sexual orientation or aender identity of such applicant or of any intended occupant of such accommodation, or to misrepresent for the purpose of discriminating on account of sexual orientation QL gender identity of such applicant or intended occupant the availability or asking price of a housing accommodation listed for sale, lease or rental; or for such a reason to fail to communicate to the person having the right to sell or lease such housing accommodation any offer for the same made by any applicant thereof; or in any other manner to discriminate against any applicant for housing because of sexual orientation or gender identity of such applicant or of any intended occupant of the housing accommodation, or to make or cause to be made any written or oral inquiry or record concerning the sexual orientation or gender identity of any such applicant or intended occupant, or to accept for listing any housing accommodation when the person having the right to sell or lease the same has directly or indirectly indicated an intention of discriminating among prospective tenants or purchasers on the ground of their sexual orientation or gender identity, or when he knows or has reason to know that the person having the right to sell or lease such housing accommodation has made a practice of such discrimination since the effective date of this article; or C. For any person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured, or agent of such person, to make or cause to be made any oral or written inquiry concerning the sexual orientation or gender identity of any individual seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodations; or to discriminate in the granting of such financial assistance, or in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance, against any applicant because of the sexual orientation or gender identity such applicant or of the existing or prospective occupants or tenants. • For any person enumerated in § 19 5-A, 113 or C, on the basis of sexual orientation or gender identity, to apply any rule concerning the actual or potential family or marital status of a person. § 195-6 Activity not considered housing discrimination. Nothing in this article shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to set up and enforce specifications in the selling, renting, leasing or letting thereof or in the furnishings of facilities or services in connection therewith which are not based on the sexual orientation or gender identity of any prospective or actual purchaser, lessee, tenant or occupant thereof. Nothing in this article contained shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or 20-313 09/28/2020 maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations or specifications for the granting of such loans or financial assistance which are not based on the sexual orientation or gender identity of any existing or prospective owner, lessee, tenant or occupant of such housing accommodation. Nothing in this article shall be construed in any manner as to interfere with the ability of a person to express preferences based upon sex in their own shared living situation, or as otherwise allowed under the Fair Housing Act. § 195-7 Public accommodations discrimination. It shall be unlawful public accommodations discrimination, in violation of this article: A. For any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, to directly or indirectly refuse, discriminate against or in any manner withhold from or deny the full and equal enjoyment to any person, on account of sexual orientation QL gender identity, any of the accommodations, advantages, facilities, goods, services or privileges of such place of public accommodation, or for such reason in any manner to discriminate against any person in the price, terms or conditions upon which access to such accommodations, advantages, facilities, goods, services and privileges may depend; or B. For any person to directly or indirectly publish, display or communicate any notice or advertisement to the effect that any of the accommodations, facilities and privileges of any place of public accommodation shall be refused, withheld from or denied to any person on account of sexual orientation or gender identity, or that the patronage or custom of any person belonging to or purporting to be of any particular sexual orientation or gender identity is unwelcome, objectionable or not acceptable, desired or solicited, or that the clientele thereof is restricted to members of particular sexual orientation or gender identity. The production of any communication, notice or advertisement purporting to relate to any such place of accommodation shall be presumptive evidence in any action that the same was authorized by its owner, manager or proprietor. C. For any person enumerated in § 195- 7A, on the basis of sexual orientation or gender identity, to apply any rule concerning the actual or potential family or marital status of a person. § 195-8 Credit discrimination. It shall be unlawful credit discrimination for any creditor to refuse the extension of credit to any person or to apply any rule concerning the actual or potential family or marital status of a person, on the basis of sexual orientation or gender identity in any credit transaction. It shall not be unlawful credit discrimination to comply with the terms and conditions of any bona fide group credit life, accident and health insurance plan, for a financial institution extending credit to a married person to require both the husband and the wife to sign a note and a mortgage and to deny credit to persons under the age of 18 or to consider a person's age in determining the terms upon which credit will be extended. § 195-9 Educational discrimination. It shall be unlawful educational discrimination for an educational institution, on the basis of sexual orientation or aender identity, to: A. Exclude a person from participation in, deny a person the benefits of or subject a person to discrimination in any academic, extracurricular, research, occupational training or other program or activity. B. Deny a person equal opportunity in athletic programs. C. Apply any rule concerning the actual or potential family or marital status of a person. 20-313 09/28/2020 D. Deny admission to the institution or program or fail to provide equal access to and information about an institution or program through recruitment. E. Deny financial assistance availability oropportunity. § 195-10 Prohibition against retaliation and coercion. A. A person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this article or because that individual made a charge, testified, assisted or participated in any manner in an investigation or proceeding under this article. B. It is unlawful for a person to coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of the rights granted or protected by this article or because that individual has exercised or enjoyed, or has aided or encouraged another individual in the exercise or enjoyment of, those rights. C. The remedies and procedures available under the enforcement provisions of this article are available to persons for violations of the preceding two subsections. § 195-11 Enforcement. A. A violation of this article shall be a civil infraction and shall be enforceable in the Maine Superior Court in a civil action. Not later than two years after the act of unlawful discrimination complained of, a person who has been subject to unlawful discrimination may file a civil action in the Superior Court against the person or persons who committed the unlawful discrimination. B. In any civil action under this article, the burden shall be on the person seeking relief to prove, by a fair preponderance of the evidence, that the alleged unlawful discrimination occurred. C. In any action filed under this article by any person: (1) If the Court finds that unlawful discrimination occurred, its judgment shall specify an appropriate remedy or remedies therefor. Such remedies may include, but are not limited to, any and all remedies provided for in the Maine Human Rights Act, 5 M.R.S.A. § 4613, as same may be amended from time to time. () Where any person who has been the subject of alleged unlawful housing discrimination has not acquired substitute housing, temporary injunctions against the sale or rental to others of the housing accommodations as to which the violation allegedly occurred, or against the sale or rental of a single housing accommodation substantially identical thereto and controlled by the alleged violator, shall be liberally granted in the interests of furthering the purposes of this article, when it appears probable that the plaintiff will succeed upon final disposition of the case. () In any civil action under this article, the court, in its discretion, may allow the prevailing party reasonable attorneys' fees and costs. § 195-12 Exceptions. In addition to the other exceptions and exemptions provided in this article, this article does not: A. Require the teaching of any particular subject in the public schools; B. Apply to a religious corporation, association ororganization; 20-313 09/28/2020 C. Apply to the state or federal government, or any of its agencies, including but not limited to the University of Maine System; or D. Require any form of affirmative action based on sexual orientation or gender identity. Additions are underlined, deletions struck through. IN CITY COUNCIL , SEPTEMBER 28,2020 Cord 20-313 Motion made and seconded for First Reading Vote: 9—0 Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble,Davitt Councilors Voting No: None Passed )J C fT CLE IN CITY COUNCIL OCTOBER 14,2020 COrd 20-313 Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Vote: 9—0 Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Supica, Tremble,Davitt Councilors Voting No: None Passed to Amend Motion made and seconded for Passage as Amended Vote: 9—0 Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Supica,Tremble,Davitt Councilors Voting No: None Passed CI Y LERK