Loading...
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.