HomeMy WebLinkAbout2001-09-10 01-356 ORDINANCEItem No. 01-356
Data: September 10 2001
Item/Subject ORDINANCE, Amending the Cade of the City of Bangor by Adding a New
Chapter 195, Non -Discrimination
Responsible Department: Legal
The Ordinance will add a Non -Discrimination Ordinance to Me Code of Me City of Bangor. The Ordinance
Will prohibit discrimination in the area of employment, housing, puNic a¢ommo latlons, education and
the extension of credit based upon one's sexual orientation. Currently, ten other municipalities have
eminences prohibiting discrimination based upon sexual orientation.
The Ordinance is similar to the Maine Human Rights Act in its definitions and description of prohibited
actiNry, except that Me State law does not include protection against discrimination based upon one's
sexual orientation.
I hi Continental:�
I
Ohy Manager
IIm< a1nT•
.I
Rnance Director
Legal APPmpal:
Clry Salidtor
passage
First Reading' 1, ," Page 1 of 12
Rew
ferralolp w&y"44A�
01-356
Auighhedm Cwmilor varaemie sepc®6er to> zoos
CITY OF BANGOR
(TITLE.) ORDINANCE, Amending the Code a the City of Bangor by Adding a New
Chapter 195, Non -Discrimination
Be o?s Wasdby Lle 0y Council of me Orydemgar, as foao s
Chapter 195
NON-DISCRIMINATION
ARTICIEI
Non-discrimination Based on Seemed Orientation
§ 195-1. Flndings.
The council finds Oat:
(1) The people who make up the town include those who are gay and lesbian;
(2) Homosexuals may face discrimination in employment, housing, access to pudic
accommodations, education and in the extension of financial credit;
(3) Federal, state and men laws fifer no dear prohibition of discrimination based on
sexual orientation in employment, housing, access to public accommodations,
education and In the extension of financed credR;
(4) Homosexuals may be reductant m report ads of harassment or Wolena because of
a lack of legal protection against dixtlmination in employment housing, access to
public accommodations, education and in the extension of financial crealk
Therefore, in order to protect the public health, safety and wefare, R is declared to be the
policy of OIs city to prevent discrimination in employment housing, access to public
accommodations, education or in the extension of credit on account of sexual orientation.
§ 195-2. Definitlons
As used in this chapter, unless Oe content otherwise indicates, the follonirg words shall have
the following meanings:
APPLICATION FOR CREDIT -- Any communication, oral or writer,
by a person O a creditor requesting an extension of credit to that person or
O any other person, and Includes any procedure involving the reammal or
In clay
10. 2001
seecember lg, zgol�-
(^
nte2 geadivg -
y 01-356
�
Referred Co St�Craatte(g/tc
Issues Commmustee
n a v t u enc R
(TITLE,)
Amaral tbeCode at the City of
V
Sooner
by raga Neer CleepteT M. ®w-
IR CITY COMM
➢3acrivivatiov (PDX Refettal to Strategic
September 24. 2001
Cammi---9tme15-'P.m-)
-
Motion Rade 6 Seconded
for Passage
Motion Hade 6 Seconded Co
Aoevd by Substitution
Metier, Passed
Mesion Made 6 Seconded to
Pass as mended by
I/
Substitution
eyi
Assigned a Councilor A
vote:: 8
vote: yes. Ivo
Comucilars voting yea:
Bradley., arrington,
Crawley. Paacer
reacleg6ov.
Counsel. tremble 6 Oardmis
Comcila2 voting or,:
Pa
Passed as Aoeoded by
Substitution
I1S
auaetitce Copy
01-356 AS AMENDED
Fn �ti:
CITY OF BANGOR
(TITLE.) Ordinance, Amending the Code of the City of Bangor by Adding a New Chapter 195,
Nan -Discrimination.
a
Chapter 195
NON-DISCRIMINATION
ARTICLE I
Non-discrimination Based on Sexual Orientation
§ 195-1. Findings.
The council finds that:
(1) The people who make up the City include Mose who are gay and lesbian;
(2) Homosexuals may face discrimination In employmem, housing, access to public
accommodations, education and in the extension of financial credit;
(3) Federal, state and town laws offer no clear prohibition of discrimination based on
sexual orientation in employment, housing, access to public accommodations,
;..:.education and in the extension of financial credit;
(4) Homosexuals may be reluctant to report acts of harassment or violence because of
a lack of legal protection against discrimination in employment, housing, access to
public accommodations, education and in the extension of financial credit;
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.
§ 195.2. Definitions
As used in this chapter, unless the context otherwise indicates, the following words shall have
the following meanings:
Substitute Copy
AS B[@NOGD
APPLICATION FOR CREDIT— Any communication, oral or written,
by a person to a creditor requesting an extension of credit ho that person or
to any other person, and Includes any Procedure involving the renewal or
alteration of credit privileges or the changing of the name of the person to
whom credit is extended.
CREDIT —The right granted by a creditor to a person to defer payment
of debt or to incur debt and defer its payment, or purchase property or
services and defer payment therefor.
CREDIT SALE -- Any transaction with respect to which credit Is
granted or arranged by the seller. The term includes any contract in the
form of a bailment or lease if ballee or lessee contracts to pay as
compensation for use a sum substantially equivalent to or in excess of
the aggregate value of the property and serves Involved and R is agreed
that the bailee or lessee Ali become the owner of the property upon full
compliance with his obligations under the contract
CREDIT TRANSACTION — Any Invitation to apply for credit,
application for credit, extension of credit or credit sale.
CREDITOR -- Any person who regularly extends or arranges the
extension of credit for which the payment of a finance charge or interest
Is required, whether in connection with loans, sale of property or services
or otherwise.
DISCRIMINATE — Includes, without limitation, segregate or separate.
EDUCATIONAL INSTINiiON — Any public school or educational
program, any pudic post-serorMary Institution, any private school or
educational program approved for Wilton purposes (if both male and female
students are admitted) and the governing body of such school or program.
EMPLOYEE — An Individual who is employed by an employer, but not
Including any individual employed by his/her parents, spouse or child.
EMPLOYER— Any person In this city employing any number of
employees, whatever the place of employment of such employees, and any
person outside this city employing any number of employees whose usual
place of employment is in this dty; any person acting in the interest of any
employer, directly or indirectly; and labor organizations, whether or not
organized on a religious, fraternal or sectarian basis, with respect to their
employment of employees; but does not indude a religious or fraternal
corporation or association, not organ'aed for private profit and in fad
not conducted for private profit, with respect to employment of its members
of the same religion, sed or fraternity.
01,356
Substitute copy
As Amended
EMPLOYMENT AGENCY —Any person undertaking with or without
compensation to procure opportunities to work, or to procure, recruit, refer or
place employees; It includes, without limitation, placement services, training
schools and centers, and labor organizations, to the extent that they act as
employee referral sources; and it includes any agent of such person.
EXTENSION OF CREDIT— Any ads incident to the evaluation of an
application for credit and the granting of credit.
HOUSING ACCOMMODATION —Any building or structure or portion
thereof, or any parcel of land, developed or undeveloped, which is
omupied, or is Intended,to be occupied or to be developed for occupancy,
for residential purposes excepting:
a. The rental of a ane -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.
INVITATION TO APPLY FOR CREDIT -- Any communication, oral
or written, by a creditor which encourages or prompts an application for credit
PERSON — One or more individuals, partnerships, associations,
organ'itabons, corporations, municipal corporations, legal representatives,
trustees, trustees in bankruptcy, receivers and other legal representatives,
and includes the city and all agencies thereof.
PLACE OF PUBLIC ACCOMMODATION — Means a facility or establishment
operated by a public or private entity, whose operations fall within at least one of
the following categories:
a. An Inn, hotel, motel or other place of lodging, whether
conducted for entertainment or accommodation of
transient guests or those seeking health, recreation or rest;
It A restaurant, eating house, bar, tavern, buffer, Saloon,
soda fountain, Ice cream parlor or other establishment
serving or selling food or drink;
01 356
Substitute Copy
" nweaded
c. A motion picture house, theater, concert hall, stadium,
roof garden, airdrome, or other place of a hiba or
entertainment;
d. An auditorium, convention center, lecture hall or other place
of public gathering;
e. A bakery, grocery store, clothing stare, hardware store, shopping
center, garage, gasoline station or other sales or rental
establishment;
f. A laundromat, dry cleaner, bank, barber shop, beauty shop,
travel service, shoe repair service, funeral parlor,. gas station,
office of an accountant or lawyer, pharmacy, Insurance office, professional
office of a health care provider, hospital, dispensary, clink,
bathhouse or other service establishment;
g. All public conveyances operated on land or water or in the air
as well as a terminal, depot or other station used for specified
public transportation;
h. A museum, library, gallery or other place of pudic display or
collection;
i. A park, zoo, amusement park, race mum, skating rink, fair,
bowling alley, golf mum, golf club, country dub, gymnasium,
health spa, shooting gallery, billiard or pool parlor, swimming
pool, seashore accommodation, boardwalk or other place of
recreation, exercise or health;
j. A nursery, elementary, secondary, undergraduate or post-
graduate school or other place of education;
k. A day core center, senior dtizen center, homeless shelter, food
bank, adoption agency or other social service center establishment;
I. Public elevators of buildings occupied by two or more tenants
or by the owner and one or more tanants;
on. A municipal building, courthouse, city hall or other establishment
of the state or a local government; and
n. Any facility or establishment that in fad caters to, or offers its
goods, fadlmes or services ta, or solicits or accepts patronage,
from the general public, regardless of where any goods or
services are actually provided.
o1-3sb
aubctitute copy
ns n.eoaea
When a place of public accommodation Is loated in a private residence, the portion
of the residence used exclusively as a residence is ret covered by this subchapter,
but that portion used exclusively in the operation of the place of public
accommodation or that portion used both for the place of public accommodation
and for the residential purposes is covered by this subchapter. The covered portion
of the residence extends to those elements used to enter the place of public
accommodation, and Mose exterior and interior portions of the residence available
M or used by customers or clients, including rest rooms.
REAL ESTATE BROKER AND SALESMAN — See Title 32, Section 9001,
subsections 2 and 3 of the Maine Revised Statutes Annotated, as amended;
but Including all persons meeting those de0nitions, whether or not they are
licensed or required to be licensed.
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 or bisexuality.
§ 193-3. Employment discrimination.
It shall be unlawful employment discrimination, in violation of this article, except where based
on a bona fide occupational qualification:
A. For and employer M fail or refuse to hire or otherwise discriminate against any
applicant for employment because of sexual orientation 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.
B. For any employment agency M fail or refuse to classify property or refer for
employment or otherwise discriminate against any individual because of sexual
orientation, or to comply with an employers 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.
C. For any labor organization to exclude from apprenticeship or membership, or
M dairy full and equal membership rights, to any applicant for membership,
because of sexual orientation, 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 M hire, tenure, promotion, transfer,
compensation, terms, conditions or privileges of employment, representation,
grievances or any other matte directly or indirectly related to membership or
01-356
Substitute Co"
As Amended
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 fall or refuse to classify properly or refer for employment, or
otherwise to discriminate against any member because of such sexual
orientation, 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:
1. Elicit or attempt to elicit any information, directly or
indirectly pertaining to sexual orientation except where
some privileged information is necessary for an
employment agency or labor organization to make a
suitable job referral;
2. Make or keep a record of sexual orientation;
3. Use any form of application for employment or personnel
or membership blank containing questions or entries
directly or Indirectly pertaining to sexual orientation;
4. Print a 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;
5. Establish, announce or follow a policy of denying or limiting,
through a quota system or otherwise, employment or member
ship opportunities of any group because of sexual
orientation; or
E. For an employer or employment agency or labor organization to discriminate in
any manner against any Individual because they have opposed any prectice which
would be a violation ofthis article, or because they have made a charge, testified
or assisted in any manna In any investigation, proceeding or hearing under this
article.
F. For any employer, employment agency or labor organization, on the basis of
sexual orientation, to apply any rule concerning the actual or potential family or
marital status of a person. -
§ 195-4. Not employment discrimination.
R shall not be unlawful employment discrimination:
A. Record . After employment or admission to membership, to make a record of
OF356
Substitute Copy
As Amevded
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
gond 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.
R 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, rem, lease or manage a housing accommodation, or any agent of
these W make or cause to be made any written or oral inquiry concerning the
sexual odentation of any prospective purchaser,: occupant or tenant of such
haling accommodation; or to refine to show or refuse to sell, rent, lease, let
or otherwise deny to a withhold from any individual such housing
accommodation because of sexual oientadon of such Individual; or to
Issue any advertisement relating to the sale, rental or lease of such housing
accommodation which indicates and preference, limitation, specification
or discrimination based upon sexual orientation; or to discriminate against
any individual because of sexual orientation in the price, terms, conditions
a 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;
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 of such applicant or of any Intended occupant of such
accommodation, or to misrepresent for the purpose of discriminating on
account of sexual orientation 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 hawing 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
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 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
01-356
Substitute Copy
As R ended
Meir sexual orientation, or when he knows or has reason to know that the
person having the right to sell er lease such housing accommodation has made
a practice of won discrimination since the effective date of this ordinance; 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 our cause to be made any oral or written
Inquiry concerning the sexual orientation of any individual seeMng 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 m the
obtaining or use of any such financial assistance, against any applicant
because of the sexual orientation of such applicant or of the existing or
prospective occupants or tenants.
D. For any person enumerated in section 195-5, A, B, or C. on the basis of sexual
orientation, M apply any rule concerning the actual or potential family or
marital status of a person.
§ 195-6. Not 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 hawing 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 of any prospective or actual purchaser, lessee,
Went or axupam thereof. Nothing in this article contained Niall be construed in any manner
to prohibit or limit the exercise of the privilege of every person and the agent of any person
making locus for or offering financial assistance in the acquisition, construction, rehabilitation,
repair or maintenance of housing accommodations ro set standards and preferences, terms,
cendbons, limitations or specifications for the granting of such loans or financial assistance
which are not based on the sexual orientation of any existing or prospective owner, k5see,
tenant or occupant of such housing accommodation.
§ 195-7. Public accommodations discrimination.
It shall be unlawful public accommodations discrimination, in violation of this article:
A. For any pawn, 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,
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
aces to such accommodations, advantages, facilities, gook, serAkws and
01-356
Substitute Copy
As eoeuded
privileges may depend; or
B. For any person to directly or Indirectly publish, display, or Communicate
any notice or advertisement 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 that the patronage or custom of any person belonging to or purporting
M be of any particular sexual orientation is unwelcome, objectionable or Trot acceptable,
desired or solicited, or that the Clientele thereof is restricted to members of particular
sexual orientation. 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. Far any person enumerated in section 195-7, A, on the basis of sexual orientation,
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 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 marded
person to require both the husband and the wife to sign a rate and a mortgage and to deny
credit to persons under the age of 18 ar 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, ux
A. D¢lude a person from participation in, deny a person the benefits of, or subject a
person to discrimination in any academic, extrecumicular, 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;
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.
01-356
substit'be Copy
es emended
§ 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, misted or participated In any manner
In an investigation or proceeding under this ordinance.
(b) It is unlawful for a person to coerce, intimidate, threaten a 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 remedles and procedures available under the enforcement provisions of
this ordinance are available to persons for violations of the preceding two
paragraphs.
§ 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 dvil action. Not later than two years after the ad, 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 appmpriate 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.
2. 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 substarbally 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.
3. In any civil action under this article, the court, in its discretion, may allow
the prevailing party reasonable attorneys fees and costs.
01-356
Substitute Copy
ne enenaea
§ 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 pudic schools;
It 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.
01-356
alteration of credit OmAeges on the changing of the name of the person to
whom credit Is e>tentled.
MEDrr -The right granted by a creditor to a person to defer payment
Of debt or to incur debt and defer Its payment or purchase property or
serAces and defer payment therefor.
CREDIT SALE -Amy transaction with respect to which credit Is
granted or arranged by the seller. The term indudss any contract in the
form of a bailment or lease W bailee or lessee contracts to pay as
compensation for use a sum substantially equivalent to or in excess of
the aggregate value of the property and serve Involved and It is agreed
that the bailee or lessee will become the owner of the property upon full
compliance with his obligations under the contract
CREDIT TRANSACn0N -Any invitation As apply for credit
Application for credit, eMension of credit or credit sale.
CREDITOR --My person who regularly extends or arranges the
ederrdon of credit for which the payment of a finance targe or Interest
Is required, whether In connection with loins, sale of property or services
or otherwise.
DISCRIMINATE - induces, wdout limitation, segregate or separate.
EDUCATIONAL INSn 014-- Any public schni or educational
program, any public post -secondary institution, any priate school or
etluwtlpnal pogrom approved for WRion purposes (0 both male and female
students are admitted) and the goveming body of such school or program.
EMPLOYEE -An individual who is employed by an employer, but not
including any Indlvoual employed by his/her parents, spouse or child
EMPLOYER -Any person in this city employing any number of
employees, whatever the place of employment of such employees, and any
person outside this city employing my number ofemployees whose usual
place of employment is in this dry; any person acting in the Interest of any
employe, directly or Indirectly; and labor organizations, whether or not
organized on a religions, fraternal or sectadm basis, with respect to their
employment of employees; but does not include a religious or fraternal
corporation orassociatim, not organized for private profit and In fad
not conducted far pivate profit, with respect m employment of its members
of the same religion, sect or fratemity.
EMPLOYMENT AGENCY -Any person undertaking with or without
compensation to procure opportunities; to work, or to procure, recruit refer or
place employees; R Includes, without limitation, placement servites, training
schools and centers, and labor organizations, to the eMent that they ad as
employee referral sources; and It induces any agent of such person.
EXTENSION OF CREDIT- Any Acts inddent to the evaluation of an
01-356
appliradon for credit and the grading of credit.
HOUSING ACCOMMODATION —My building or structure or potion
thereof, or any parcel of land, developed or undeveloped, which is
occupied, or is intended to be occupied or to be developed for occupancy,
our reedendal purposes ertepbng:
a. The rental of a one -family unit of a two-family dwelling,
Me untt of which is occupied by the owner;
b. The rental of not more Man four rooms of a one -family
dwelling which is occupied by the owner,
c. The rental of arty dwelling owned, controlled or operated
for other than a commercial purpose by a religious corporation
to he membership unless such membership Is restricted on
account of sexual oriertotion.
INVITATION TO APPLY FOR CREDIT— Arty communication, oral
or written, by a creditor which encourages or prompts an application for credit.
PERSON—One w more IntliAtluals, partnerships, associations,
organizations, corporations, municipal corporations, legal represenplaYes,
trustees, trustees In barkrupoy, receNers and other legal represerKa[Nes,
and includes the city and all agendes thereof.
PIACE OF PUBIM ACCOMMODATION — Means a facility or establishment
operated by a public or private entity, whose operations fall within at least one of
the following caagories:
a. M inn, hold, mood or other place of mdging, whether
conducted for entertainment or accommodation of
transient guests or More seeking hearth, recreation or rest;
b. A restaurant adding house, bar, poem, buffet, saloon,
soda fountain, Ice cream parlor or other establistment
se vmg or selling food or drink;
c A motion picture house, theater, contest hall, stadium,
roof garden, airdrome, our other place of exhbit on
entertainment
d. M auditorium, convention center, lecture hall or other place
of public gathering;
e. A bakery, grocery same, clothing More, hardware store, shopping
center, garage, gasoline station or other sales or rental
establishment;
I. A laundoomat, dry cleaner, bank, barber shop, beauty shop,
travel service, shoe repair seMce, funeral Prior. gas station,
01-356
office of an accountant or lawyer, pharmacy, Insurance office, professional
office of a health came provider, hospital, dispensary, dinic,
bathhouse or other service establishment;
g. All public conveyanar operated on land or water or in Me air
IS well as a Simonize, depot or other station used for spedfied
public transportation;
In. A museum, library, Beery or older place of public display or
collection;
I. A park, zoo, amusement park, race course, skating rink, fair,
bowling alley, golf course, golf dub, country dub, gymnasium,
health spa, shooting gallery, billiard or pool parlor, swimming
pool, seashore accommodation, boardwalk or other place of
recreation, exercise or health;
j. A nursery, elenermi secondary, undergraduate or post-
graduate school Or other dace of education;
C. A day care center, senior citizen center, homeless shelter, food
bank, adoption agency or other Social service center establishment;
I. Public elevators of buildings Occupied by two or more tenants
or by the owner and one or more tenants;
in. A municipal building, couNwuse, dry hall or other establishment
ofthe state or a local government; and
n. Any facility or establishment that in fad caters to, or offers l6
goods, facilities or services W. or solicits or accepts patronage,
from the general public, regardless of where any goods or
services are actually provided.
When a place of public accommodation IS located in a private residence, the portion
of the residence used exclusively as a residence Is not Covered by this subchapter,
but that potion used exclusively In the operation 4the place of public
accommodation or that portion used both for the place of public accommodation
and for the residential purposes is Covered by thus subchapter. The covered portion
of the residence extends M those elements used W enter the place of public
accommodation, and those extedor and Interior potions of the resilience available
to or used by customers Or clients, Including rest rooms.
REAL ESTATE BROKER AND SALESMAN—See Title 32, Section 4001,
subsections 2 and 3 ofthe Maine Revised Statutos Annotated, as amended;
but inducing all persons meeting Mose definitions, whether or not they are
licensed or requiretl to be licensed.
SEXUAL ORIENTATION — Having a preference or orientation for, being
identified as having a preference or orientation for, or having a history ofa
preference for, hetemsexuality, homosexuailty or bhexualtty.
01-356
§ 195-3. Employmart Nsvimirotlon.
It shell be unlawful employment discrimination, In violation of this article, except where based
on a bona fide occupational qualification:
A. For any employer to fall or refuse M hire or otherwise discriminate against any
applicant for employment because of sewual orientation or because of such reason
to discharge an employee or disalminate with respect to hire, tenure, promotion,
trarofer, 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 Mem, to utilize any employment agency
who such employer knows, or has reasonable cause to brow, discriminates
against individuals because of their sexual Mentatlon.
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
oriemation, 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 artord full and equal employment opportunities; M
individuals regardless of Meir sexual orentatlon.
C. For any labor orgambabon to "dude from apprenticeship or membership, or
M decry full and equal membership rights, to arty applicant for membership,
because of sexual orientation, 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, tams, conditions or privileges of employment, representation,
grievances or any other matter directly or indirectly related to membership or
bylaws of such labor organization or by a collective labor agreement or other
contract, or had or refuse to tlassify properly or refer for employment, or
otherwise to discriminate against any member because of such sexual
orientation, 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 admis5an to membership of arty Individual, to:
1. But or attempt to elicit any Information, directly or
Indirectly pertaining M sexual orientation except where
some privileged information is necessary for an
employment agency or labor organization to make a
suitable job referral;
2. Make or keep a record of sexual orientation;
3. Use any form of application for employment or personnel
or membership blank containing quesbons or entries
directly or indirectly pertaining to sewual orientation;
01-356
9. Print or publish or cause to be printed or published any
notice or advMisamem reading to employment or membership
Indicating any preference, limitation, specification or
discrimination busses! upon sexual orientation;
S. Establish, announce or follow a policy of denying or horning,
through a quota system or otherwise, employment or member
ship opportunities of any group because of sexual
orientation; or
E For an employer or employment agency or labor organization to disMminate 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, a apply any rule concerning the actual or potential family or
marital status of a person.
§ 195-C Not employmentdiscriminatlun.
it shall not he unlawful employment dischronation:
A. Records. After employment or admission to membership, a make a nwrd of
such features of an individual as are needed in good high for the purpose of
Identifying them, provided such record is imanded and used in good NO solely
for such Identification, and not for the purpose of discrimination in violation
of this article.
B. RetWred retards To record any dao required by law, or by the rules and
regulations of anystate or hdeal agency, provided such records are kept in
good faith for the purpose of cemplying with law, and are W used for the
purpose of discrimination in violation of this article.
§ 195-5. Housing discrimination.
It shall be unlawful housing discrimination, in violation of this article:
For any owner, lessee, sublessee, managing agent or other person having the
right to sell, rent, lease or manage a housing acammodatien, or any agent of
these to make or cause to be made any vng or oral inquiry containing the
sexual orientation of any prospective purchaser, occupant or tenant of such
Musing accommodation; or tu refuse to show or refuse a sell, rent, leas, let
or otherwise deny a or withhold from any Individual such housing
accommodation because of sexual orlentation of such individual; or to
issue any advertisement relating to the sale, renal or lease of such housing
accommodation which Indicates any preference, Iimiabon, specification
or discrimination based upon sexual orientation; or to discriminate against
any individual because of sexual indentation on the price, terms, conditions
or privileges of the sale, rental or lease of any such housing acmmmndatiens
01-356
or in the furnishing of facilities or seMces in connection therewith, or te
evbt or attempt te e%M any tenant of any housing accommodation because
of sexual odentadon;
Is. Por any real estate broker or real estate sales person, or agent of are of
them, to fag or refuse te show any applicant for a lousing accommodation
airy soon accommodation listed for sale, lease or remail, because of sexual
orientation of such applicant or of any Intended occupant of such
accommodation, or te misrepresent for the purpose of discriminating on
account of sexed orientation of such applicant or Intended occupant the
aveilabiity or asking price of a housing accommodation lshtl for sale,
Beare or rental; or for suds a reamn to fall te communicate to the person
having the right to sell or lease such housing accommodedon any offer for
the same made by any applicant thereof; or in any other manner to
discriminate against any appdicam for housing because of sexal orientation
of such applicant or of any Intended occupant of the housing accammodMon,
or to make or wee to be made any written or oral hoary or record
concemirg the sexual orientation of any srcn applicant or Intended occupant
or to accept for Iistlng any Musing accommodiatien when the person having
the right te Nil or lease the same has directly or indirectly indicated an Intention
of discriminating among prospeoive tenants or purchasers on the ground of
their sexual orientation, or when M knows or has mason to know that the
person twang the right to sell or lase such Musing accommodation has made
a or Om of such discrimination since the effective data of this ordinance; or
C. For any person to whom application is made for a ban or other form of
grandail assistance for to acqualhon, construction, rehabilitation, repair or
maintenance of any housing accommodation, whether sawretl or unsecured,
or agent of such person, to make or cause m be made any oral or written
Inquiry conwming the sexual orientation of any individual seeking such
financial assistance, or of in sting or prospective occupants or tarams of
such housing accommodations; or to discriminate m the granting of such
financial asssomm, a in the temps, woditom or prialeges relating te the
obtaining or use of any such financial assistance, against any applicant
because of the sexual odenlaton of such applicant or of the existing or
prospective occupants or tenants.
D. For any person enum emted In section 1955, A, % or C, on the bass of sexual
orientation, te apply any sok concerning the actual or pots dal family or
mental stats of a person.
§ 199.6. Not housing discrimination.
Nothing in this article shall be construed M any manner te pmhibk or limit the exorcise of the
prMlege of every person and the agent of any person having the right In sell, rent lase or
manage a Musing accommodation to set up and enface specifications in the selling, rating,
leasing or letting thereof or in the furnishings of facilities or serAces in connection therewith
which are riot based on the sexwl orientation of any prospective or actual purchaser, lessee,
tenant or occupant thereof. Nothing in this article wnteined shall M construed In any manna
W prohibit or limit the exercise of the privilege of every person and the agent of any person
making loam for or otbnng financial assistance in the acquisition, wnstructlon, rehabilkation,
01-356
repair or maintenance of housing aawnmodatlore on set standards and preferences, turns,
conditions, limitations or specifications for the granting of such loans or finandal assistance
which are not based on the sexual orientation of any existing or prospective owner, lessee,
tempt or occupant of such housing accommodation.
§ 195-1. Public accommodations discrimination.
It shall be unlawful public accommodations discrimination, in violation of MN 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 refute, discriminate against or In any manner withhold from o deny
the full and equal enjoyment m any person, on account of sexual orientation,
any of the accommodations, advantages, facilities, goods, serdces or p"Leges
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 no such accommodations, advantages, facilities, goods, services and
privileges may depend; or
B. For arty person M directly or Indirectly publish, display, or communicate
any notice or a hieiHsement advertisement to the effect Mat any of the
accomniodatios, facilites and privileges of any place of public accommodation
shall be refused, withheld from or denied te any person on account of sexual
olenratlon, or Mat the patronage or custom of any person belonging to or purporting
to be of any particular sexual odontetion is umwdceme, objectionable or not acceptable,
desired or solicited, in that the dientole thereof is restricted to members of particular
sexual orientation. The production of any communication, notice or advertisement
pupornig to relate te arty such place of accommodation, shall be presumptfie evidence
in arty action that the same was authorized by its owner, manager or proprietor.
C. For any person enumerated in sel 195-1, A, on the basis of sexual orientation,
to apply any rile concerning the actual or potential family or marital status of a person.
§ 195-9. Credit discrimination.
It shall be unlawful credit discrimination for any, creditor to refuse Me exterelon of credit M any
person or to apply any rule concerning the actual or potential family or martial status of a
person, on Me basis of sexual orientation In any credit transaction. It shall not be unlawful
credit discrimination to comply with the terms and oxditions of any bona fide group credit life,
accident and health insurance plan, for a financial Institution extending credit M a manned
Person m require both the husband and tine wife an sign a note and a mortgage and te deny
credit te pawns under the age of 18 or te consider a person's age in determining the tennis
upon which credit will be extended.
§ 195i. Educational discdminatbn.
It shall be unlawful educational dondmination for an educational institution, on the bass of
vessel mientl te:
01-356
A. Exclude a person from participation In, deny a person the benefits of, or subject a
person to discrimination In any academic, extracumoilar, research, occupational
training or other program or activity;
B. Deny a person equal opporomIty, in ad&bc programs;
C. Apply any rule concurring the a mil or potential family or marital status of a person;
D. Deny admiWon to the indication or program or fail m provide equal axes; to and
Information about an institution or program through recruftment;
E. Deny finandal assistonce availability or opportunity.
§ 195-10. prohlbitlon against nMagatlon anc! coercion.
(a) A person may not discriminate against arty individual because that individual
has opposed any act or practice that Is unlawful under this article or because
that Individual made a Marge, testified, assirted or participated In any manner
In an investigation or proceeding under this ordinance.
(b) It is unlawful for a person to coerce, Intimidate, taenten or interfere with any
Individual in Me a mmise or enjoyment of the rights granted or protected by
this article or because that individual has a mmised or enjoyed, or has aided or
encouraged another individual in the exercise or enjoyment of, those rights.
(c) 71re remedies and procedures available under the enforcement provisions of
this ordinance are available to persons for violations of the preceding two
paragraphs.
§ 195-11. Enforcement
(a) A violation of this node shall be a d 4l infraction and shall be enforceable in the
Maine Superior Count in a civil anion. Not later than two years ata 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 Me person
or persons who committed the unlawful discrimination.
(b) In any civil action under this article, the burden shall be on the person seeking Mlef
to prove, by a fair preponderance of the evidence, that the alleged unlawful
discrimination occurred.
(c) In any action filed under this altcle by any person:
1. If Me court finds that unlawful discrimination occurred, its judgment shall
specify an appropriate remedy or remedies therefor. Sunt manacles may
include, but are not limited to any and Al remedies provided for in the
Maine Human Rights Act, 5 M.R.S.A. § 4513, as same may be amended
from time M time.
2. where any person who has been the subject of alleged unlawful Musing
discrimination has not aalulred substitute housing, temporary injunctions
01-356
against the sale w rental to others of the housing accommodations as to
which the violation allegedly occurred, or against the sale or rental of a
single housing accommodadon wbsanbally identical therein and
controlled by the alleged violator shall be liberally granted in Me Interests
of nmmar g the purposes of this artide, when R appears probable that the
plaintiff will sxceed upon final disposition of the case.
3. In any civil action under this article, the court, in Rs discretion, may allow
the prevailing party reasonable atmmeys'fees and costs.
§ 195-12. Exceptions.
In addition th the other exceptions and exemptions provided in this article, this article does not:
a. Require the coaching of any particular subject in the public schools;
b. Apply ro a religious corporation, association or organization;
C. Apply to the state or federal govemment, or any of its agencies including but
not limited M Me Uol iersey of Maine; or
d. Require any form of affirmative action based on sexual Mentation.