CAREGIVERS AS A PROTECTED CLASS?:

The Growth of State and Local Laws Expressly Prohibiting Family Responsibilities Discrimination

By Stephanie Bornstein & Robert J. Rathmell

The Center for WorkLife Law,
University of California,
Hastings College of the Law

December 2009
© 2009 Center for WorkLife Law

This is the companion webpage to the report.
For a copy of the report, visit
http://worklifelaw.org/pubs/LocalFRDLawsReport.pdf

 

 

Untitled Page

  STATE LAWS
State Statute Citation Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Alaska Alaska Stat. § 18.80.220 (2007) “Parenthood” Not defined in Alaska code. “It is determined and declared as a matter of legislative finding that discrimination against an inhabitant of the state because of . . . parenthood is a matter of public concern and that this discrimination not only threatens the rights and privileges of the inhabitants of the state but also menaces the institutions of the state and threatens peace, order, health, safety, and general welfare of the state and its inhabitants. Therefore, it is the policy of the state and the purpose of this chapter to eliminate and prevent discrimination in employment . . . because of . . . parenthood.” § 18.80.200. Public (state) and private. Employer: “'employer' means a person, including the state and a political subdivision of the state, who has one or more employees in the state but does not include a club that is exclusively social, or a fraternal, charitable, educational, or religious association, or corporation, if the club, association or corporation is not organized for private profit.” § 18.80.300(4). Employee: “'employee' means an individual employed by an employer but does not include an individual employed in the domestic service of any person.” § 18.80.300(3). “[I]t is unlawful for an employer to refuse employment to a person, or to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment because of the person's . . . parenthood when the reasonable demands of the position do not require distinction on the basis of . . . parenthood.” § 18.80.220. Not expressly prohibited in this section “Notwithstanding the prohibition against employment discrimination on the basis of marital status or parenthood under (a) of this section, an employer may, without violating this chapter, provide greater health and retirement benefits to employees who have a spouse or dependent children than are provided to other employees.” § 18.80.220(c)(1). Does not apply to domestics, or to non-profit social/charitable/religious clubs. Alaska Human Rights Commission. However the statute delegates power to municipalities to form their own commissions and enforce the statute. § 18.80.290. Unclear. “A person who is aggrieved by a discriminatory practice prohibited by this chapter may sign and file with the commission a written, verified complaint.” § 18.80.100. Yes. § 18.80.145. No non-economic or punitive damages. Commission may order “any appropriate relief," including training, accomodations, changes to personnel record, backpay, hiring/reinstatement/promotion, up to one year of front pay if hiring/reinstatement/promotion innappropriate (minus mitigations).
Connecticut Conn. Gen. Stat. Ann. § 46a-60 (West 2007) “Familial responsibilities” Not defined in CT code. None expressed in section 46a-60. Public (state) and private. Employer “includes the state and all political subdivisions thereof and means any person or employer with three or more persons in such person's or employer's employ.” § 46a-51 (10). Employee means “any person employed by an employer but shall not include any individual employed by such individual's parents, spouse or child, or in the domestic service of any person.” § 46a-51(9). “It shall be a discriminatory practice in violation of this section . . . [f]or an employer, by the employer or the employer's agent . . . to request or require information from an employee, person seeking employment or member relating to the individual's . . . familial responsibilities, unless such information is directly related to a bona fide occupational qualification or need.” § 46a-60(a)(9). Not applicable. This is not a general prohibition against employment discrimination on the basis of familial responsbilities. See § 46a-60(a)(1) (omitting “familial “ from the list of protected classifications). Domestics exempted, as are employers with fewer than three employees. § 46a-60. CT Commission on Human Rights and Opportunities “Any person who has timely filed a complaint with the Commission on Human Rights and Opportunities in accordance with section 46a-82 and who has obtained a release from the commission in accordance with section 46a-83a or 46a-101, may also bring an action in the superior court for the judicial district in which the discriminatory practice is alleged to have occurred or in which the respondent transacts business, except any action involving a state agency or official may be brought in the superior court for the judicial district of Hartford.” § 46a-100. Yes. § 46a-100. Hiring/reinstatement, up to two years of back pay, moving & other costs, reasonable attorney fees. § 46a-86.
District of Columbia D.C. Code § 2-1402.11 (2007) “Family responsibilities” “'Family responsibilities' means the state of being, or the potential to become, a contributor to the support of a person or persons in a dependent relationship, irrespective of their number, including the state of being the subject of an order of withholding or similar proceedings for the purpose of paying child support or a debt related to child support.” § 2-1401.02(12). “It is the intent of the Council of the District of Columbia, in enacting this chapter, to secure an end in the District of Columbia to discrimination for any reason other than that of individual merit, including . . . family responsibilities.” § 2-1401.01. Public (district) and private. Employer: “any person who, for compensation, employs an individual, except for the employer’s parent, spouse, children or domestic servants, engaged in work in and about the employer’s household; any person acting in the interest of such employer, directly or indirectly; and any professional association.” § 2-1401.02 (10).

Employee: “any individual employed by or seeking employment from an employer.” § 2-1401.02 (9).
“It shall be unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based upon the actual or perceived . . . family responsibilities . . . of any individual: [for] an employer [t]o fail or refuse to hire, or to discharge, any individual; or otherwise to discriminate against any individual, with respect to his compensation, terms conditions, or privileges of employment, including promotion; or to limit segregate, or classify his employees in any way which would deprive or tend to deprive any individual of opportunities, or otherwise adversely affect his status as an employee.” § 2-1402.11(a)(1). “It shall further be an unlawful discriminatory practice to do any of the above said acts for any reason that would not have been asserted bot for, whooly or paritially, a discriminatory reason based on the actual or perceived . . . family responsibilities . . . of any individual.” § 2-1402.11(b). “It shall be an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter.” § 2-1402.61. Religious & charitable exemption. 1 year S.O.L. D.C. Office of Human Rights Unclear. Cannot maintain a private right of action and a complaint simultaneously, but no explicit requirement that complainants file with the OHR before initiating a suit. Yes. “Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate, unless such person has filed a complaint hereunder.” § 2-1403.16. Hiring/reinstatement, back pay, compensatory damages, reasonable attorneys fees, civil penalties up to 50,000 for repeat violators.
New Jersey N.J. Admin. Code § 4A:7-3.1 (2009) “Familial Status” Not defined in N.J. Admin. Code, but “familial status“ is defined in the Law Against Discrimination, N.J. Stat. Ann. § 10:5-5 (ll): “Familial status” means being the natural parent of a child, the adoptive parent of a child, the resource family parent of a child, having a “parent and child relationship” with a child as defined by State law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child, or any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” “The State of New Jersey is committed to providing every State employee and prospective State employee with a work environment free from prohibited discrimination or harassment . . . [p]rohibited discrimination/harassment undermines the integrity of the employment relationship, compromises equal employment opportunity, debilitates morale and interferes with work productivity.” § 4A:7-3.1 (a). Public (state) Employer: State of NJ
Employee: “...this policy applies to all employees and applicants for employment in State departments, commissions, State colleges or universities, agencies, and authorities.” § 4A:7-3.1 (a).
“Under this policy, forms of employment discrimination or harassment based upon the following protected categories are prohibited and will not be tolerated: race, creed, color, national origin, nationality, ancestry, age, sex/gender (including pregnancy), marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability.” § 4A:7-3.1 (a). Retaliation against any employee who alleges that she or he was the victim of discrimination/harassment, provides information in the course of an investigation into claims of discrimination/harassment in the workplace, or opposes a discriminatory practice, is prohibited by this policy. No employee bringing a complaint, providing information for an investigation, or testifying in any
proceeding under this policy shall be subjected to adverse employment consequences based upon such involvement or be the subject of other retaliation.” [examples omitted] § 4A:7-3.1 (h).
“An employee who knowingly makes a false accusation of prohibited discrimination/harassment or knowingly provides false information in the course of an investigation of a complaint, may be subjected to administrative and/or disciplinary action, up to and including termination of employment.” § 4A:7-3.1 (i). State agency Equal Employment Opportunity/Affirmative Action Officer, or NJ Division of Personnel EEO/AAO. Appealable to NJ Merit Systems Board. “Any employee who believes that she or he has been subjected to any form of prohibited discrimination/harassment, or who witnesses others being subjected to such discrimination/harassment, is encouraged to promptly report the incident(s) to a supervisor or directly to the State agency’s Equal Employment Opportunity/Affirmative Action Officer or to any other persons designated by the State agency to receive workplace discrimination complaints.” § 4A:7-3.1 (d). None expressly provided. “the State and its agencies reserve the right to take either disciplinary action, if appropriate, or other corrective action?Where a violation of this policy is found to have occurred, the State agency shall take prompt and appropriate remedial action to stop the behavior and deter its reoccurrence...The remedial action taken may include counseling, training, intervention, mediation, and/or the initiation of disciplinary action up to and including termination of employment.” § 4A:7-3.1.
  LOCAL LAWS
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Alaska Soldotna, Alaska Code §§ 2.28.010-.290 (LexisNexis 2007). “Parenthood" Not defined in chapter 2.28, §§ 2.28.010 - .290. “It is the purpose of this personnel code to establish a fair and equitable basic personnel system for all employees of the city.” § 2.28.020. Public (city). “This chapter . . . shall be referred to as the Soldotna Personnel Code. This code is intended for use by current and new employees as a 'handbook' to set forth personnel administration standards and procedures, terms and conditions of employment with the City of Soldotna.” § 2.28.010. “Grounds for disciplinary action may include, but are not limited to, the following . . . [a]ny act in the course of employment, which unlawfully discriminates, harasses or denigrates another on grounds of . . . parenthood.” § 2.28.080(F)(8). Not expressly probibited in Chapter 2.28. See grievance procedure, § 2.28.050; discipline and discharge, § 2.28.080. City of Soldotna Employee Relations Board. See § 2.30.040. Yes. See § 2.28.050 (providing procedures for grievances against the city). No. Chapter 28 provides for progressive discipline beginning with a verbal warning and ending in discharge. § 2.28.080 (setting forth discipline and discharge procedures).
Arizona Tucson, Ariz. Code §§ 10-1 to -22, 17-1 (declaring policy against FRD), 17-11 to -16 (prohibiting FRD in employment) (2007). “Familial status” Familial status means the state of one or more minor children under the age of eighteen (18) being domiciled with: (1) A parent or another person having legal custody of such individual or individuals; (2) The designee of such parent or other person having custody, with the written permission of such parent or other person; or (3) A foster parent or other person with whom a minor child under the age of eighteen (18) is placed by court order. The protections afforded against discrimination on the basis of family status also apply to any person who is in the process of securing legal custody of a minor child.” § 17-11(g) “The general purpose of this chapter is to establish for the city a system of human resources administration based on merit principles and business methods as contemplated by the Charter . . . . All appointments and promotions to positions in this classified service shall be made solely on the basis of merit and fitness to be ascertained, insofar as practicable, by competitive examinations.” § 10-2. “It is the policy of the city to eliminate prejudice and discrimination due to . . . familial status . . . in employment.” § 17-1. Public (city) and private. For public “employer," see § 10-2 (stating the general purpose of the chapter is to provide a merit system for city employment). “Employee means any person, including officer, lawfully appointed to a position in the classified service and receiving compensation for the class of positions to which such appointment is made.” § 10-3(12) . For private employment “[e]mployer . . . means a person who has one (1) or more employees, not to exceed one hundred (100) employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such a person.” § 17-11(e). “Employer" does not include Indian tribes, the City of Tucson, and bona fide membership clubs. §§ 17-11(e), 17-13(a)-(b). Article III, §§ 17-11 to -16, is inapplicable to religious organizations as employers. § 17-13(e). The jurisdictional limit to employers with 100 employees or less does not apply to those protected classes who do not have remedies under state or federal law. § 17-11(e) (referring to A.R.S. § 14-1401 et seq. and Title VII, 42 U.S.C. § 2000e et seq.). “Employee" is not defined in Article III. See 17-11. “No person shall be appointed or promoted to, or suspended without pay, reduced in pay, demoted or dismissed from any position in the classified service or in any way favored or discriminated against with respect to employment in the classified service because of . . . familial status.” § 10-18(a). “Discriminate or discrimination means to make, directly or indirectly, any distinction with respect to any person or persons based on . . . familial status.” § 17-11(b) . “It is a violation of this article . . . [f]or an employer, because of . . . familial status . . . to refuse to hire or employ any person or to bar or to discharge from employment such person, or to discriminate against such person in compensation or in terms, conditions or privileges of employment.” § 17-12(b). Not expressly prohibited in Chapter 10. But see § 10-19 (making unlawful false representations regarding an employee's job performance and receiving valuable consideration in exchange for favorable job treatment), and § 10-18(d) (prohibiting direct or indirect reprisals for an exercise of political activities). “It is a violation of this article . . . [f]or any employer . . . to discharge, expel or otherwise discriminate against any person because he/she has opposed in a lawful manner any practices forbidden under this chapter, or because he/she has filed a complaint, testifed or assisted in any proceeding under this chapter.” § 17-12(e). Not applicable. For public employment, the civil service commission of the city administers this chapter. See §§ 10-20 to -21 (authorizing investigations and compel discovery). However, “[a]ll officers and employees of the city shall comply with and aid in all proper ways in carrying out the civil service provisions of the Charter, the provisions of this chapter, and the rules and regulations thereunder.” § 10-16 (emphasis added). For private employment, The Office of Equal Opportunity Programs (OEOP) in the city manager's office. The Tucson Human Relations Commission provides review of OEOP findings. § 17-15(d). Yes, for public employment. But, the grievance procedure is not specified in the Human Resources Ordinance, §§ 10-1 to -22. Yes, for private employment. See §§ 17-14(a) ("complaints of violations of this article shall proceed as prescribed in sections 17-15 and 17-16"), 17-15 (setting forth complaint procedures), 17-16 (providing right to access employment records pursuant to an investigation and hold hearings). No for both public and private employment. Not provided for public employment. For violations of Article III, the city court must impose a fine of as much as $2,500, and impose an additional fine for respondent's failure to comply with any order. § 17-14(a)-(b).
Colorado Crested Butte, Colo. §§ 2-4-20, 10-1-10 to -11-60 (2009). “Family responsibility” Not defined in Chapter 10, §§ 10-1-10 to -11-60. “It is the policy of the Town to prevent discrimination against anyone because of his or her . . . family responsibility . . . . The purpose of this Article is to establish guidelines for nondiscrimination within the Town by identifying those acts or actions which are incompatible with the best interests of the Town's residents and vistors.” § 10-11-10. Public (town) and private. “'Employment' means providing personal services as an employee or an independent contractor, with or without consideration.” § 2-4-20. “'Public employee' or 'employee' means any person holding any paid position of employment with the Town, who is directly supervised by the Town manager, and whose primary income is derived from Town employment.” § 2-4-20. “It is unlawful for any person who is an employer or employment agency, directly or indirectly, to discriminate against any person with regard to application for employment, hiring, occupational training, tenure, promotion, compensation, layoff, discharge or any other term or condition of employment except when based upon a bona fide occupational qualification.” § 10-11-30. “Discrimination or to discriminate means, without limitation, any act which, because of . . . family responsibility . . . results in the unequal treatment or separation of any person; or denies, prevents, limits or otherwise adversely affects the benefit or enjoyment by any person of employment . . . . Such discrimination is unlawful and is a violation of this Article.” § 10-11-20. Not expressly prohibitied in Chapter 10. “This Section shall not prohibit a religious organization or institution from restricting employment opportunities to persons of the religious denomination and advertising such restriction if a bona fide religious purpose exists for the restriction.” § 10-11-30. Crested Butte Town Manager No. See § 10-11-60(b) (authorizing a cause of action for unlawful discrimination in any court of competent jurisdiction). Yes. “[A]ny person claiming to be aggrieved by an unlawful discriminatory act shall have a cause of action in any court of competent jurisdiction.” § 10-11-60(b). Section 10-11-60(b) provides penalties and remedies including fines and imprisonment, as provided by section 1-4-20, and compensatory and/or punitive damages, restraining orders, injunctions, and reasonable attorneys fees to the prevailing party.
Florida Cutler Bay, Fla. Code §§ 11A-25 to -28 (2008). “Familial status” Not defined in Article IV, §§ 11A-25 to -28. None expressed in Article IV. Private and public (Dade County employees may file a grievance for a violation of the ordinance with the Fair Employment Practices Director who has exclusive jurisdiction for complaints by county employees, § 11A-27). “Employer shall mean any person who in the regular course of business has five (5) or more employees in Dade County in each of four (4) or more calendar weeks in the current calendar year and any agent, acting manager, contractor or subcontractor of such person.” § 11A-25(2) . “Employer" does not include the United States government, the State of Florida, Metropolitan Dade County, an Indian Tribe, or a bona fide private membership club.” § 11A-25(2)(a)-(e). “Employee shall mean an individual employed by an employer.” § 11A-25(1) . “It shall be unlawful for any employer to engage in any practices described [in section 11A-26] on account of the . . . familial status . . . of any individual or any person associated with such individual [t]o fail or refuse to hire or to otherwise discriminate against any individual.” § 11A-26(1)(a). It is unlawful to “limit, segregate, advertise, recruit or classify any employee or applicant for employment in any way which would deprive any individual of employment opportunities or otherwise adversely affect the individual's employment opportunities or status as an employee on any basis prohibitied by this article.” § 11A-26(1)(e). “It shall be unlawful employment practice for any employer to discriminate against any of his or her employees or applicants for employment . . . because he or she has opposed any practice made unlawful by this article or because he or she has testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this article.” § 11A-26(4). The ordinance exempts hiring and employment decisions based on sex where sex is a bona fide occupational qualification, but it does not include “familial status" among the classifications to which this exemption applies. See § 11A-26(5)(a)(ii) (including religion, sex, and national origin only). And, the ordinance permits application of different standards of compensation, terms, conditions, benefits of employment under a bona fide written seniority or merit system. § 11A-26(5)(a)(iii). Equal Opportunity Board and the Fair Employment Practices Director. See § 11A-28 (setting forth the duties of each in administering Article IV). Yes, for county employees because Article IV grants exclusive jurisdiction of complaints filed by county employees to the Fair Employment Practices Director. See § 11A-27. Probably yes, for employees of other covered employers because the ordinance requires that a complaint alleging a violation of the ordinance must be timely filed with the Director. See § 11A-28(1). Section 11A-28 provide a complete administrative procedure for filing a complaint withe the Director, investigation, findings and recommendations, conciliation, and a hearing before the Equal Opportunity Board. No. Upon a finding of probable cause, the Director may make recommendations for a remedy which may include affirmative action, reasonable accommodation, quantifiable damages, costs, attorney’s fees, interest and civil fines. § 11A-28(7). But, it is the policy of the Director and the Board to encourage conciliation of charges, and the Director will work with the parties to conciliate the agreement before making a finding if possible. § 11A-28(8)(a).
Florida Jupiter, Fla. §§ 15-11 to -69.6 (2008). “Familial status” Not defined in Article II, §§ 15-11 to -69.5. “It is the policy of the town of Jupiter to prohibit discrimination on the basis of . . . familial status . . . . Such employment practices include but are not limited to, the recruitment, hiring, compensation, assignment, training, promotion, demotion, discipline, or dismissal of employees.” § 15-21. Public (town). The personnel code applies to all individuals “associated" with the town of Jupiter except the Town Manager, Town Attorney, Mayor and council members, and appointed members of the boards and commission. § 15-14. Supra at Policy or Purpose, § 15-21. Not expressly prohibited in Article II. See § 15-14(1)-(4) (exempting official offices from the Personnel Code). The Town Manager Probably yes. The Town manager promulgates a policies and procedures manual to “carry out the day-to-day administration of the Town government.” § 15-19. No. Not provided by Article II.
Florida Key West, Fla. Code §§ 38-191 to -227 (2008). “Parental status” Parental status means the status of living with one or more dependent minor or disabled children.” § 38-192 . None expressed in Article III, §§ 38-191 to -227. The Key West Human Rights Ordinance is to be liberally construed to accomplish its purpose. § 38-194. Public (city) with exceptions and private. “Employer means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, but such term does not include the United States or a corporation wholly owned by the government of the United States.” § 38-192 . “Employee means an individual who is engaged to work for or under the direction and control of another for monetary or other valuable consideration.” § 38-192 . “No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's . . . parental status.” § 38-221. “No person shall retaliate against any individual because that individual in good faith has made a charge, has testified or has assisted or participated in an investigation, proceeding or hearing under this article.” § 38-226. “The prohibitions contained in this section shall not apply to . . . [h]iring or selecting between individuals for bona fide occupational qualifications.” § 38-221(2). No administrative agency is expressly granted enforcement powers in Article III. No. Yes. “This article may additionally be enforced by civil action, including action for equitable relief, by any aggrieved person in a court of competent jurisdiction.” § 38-193(b). Persons violating the Human Rights Ordinance may be subject to penalties including fines and civil penalties. See § 38-193(a) (refering to penalties in §§ 2-644, -680).
Florida Miami Beach, Fla. Code §§ 62-31 to -113 (2008). “Familial status” Familial status means one or more individuals who have not attained the age of 18 years being domiciled with [a] parent or another person having legal custody of such individual or individuals[,] or [t]he designee of such parent or other person having custody, with the written permission of such parent or other person.” § 62-31 . “The general purpose of this article and the policy of the city . . . is to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain employment . . . of the person's choice in the city without regard to . . . familial status . . . and, to that end, to prohibit discrimination in employment . . . by any person.” § 62-32. Public (city) and private. “Employer means any person who has five or more employees, in each of four or more calendar weeks in the current calendar year, and any agent of such person.” § 62-31 . “Employee means a person employed by or seeking employment from any employer. It does not include any person employed by parents, spouse or child.” § 62-31 . “It is an unlawful discriminatory practice for an employer to fail to hire or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to that individual's compensation, terms, conditions or privileges of employment because of such individual's classification category.” § 62-86. “Classification category means each category by which discrimination is prohibited as set forth within section 62-32. These categories are as follows: race, color . . . familial status.” § 62-31 . “It is an unlawful discriminatory practice for a person to conspire to [r]etaliate or discriminate against a person because such person has opposed a discriminatory practice of because such person has made a charge, filed a complaint, testifed, assisted or participated in an investigation, proceeding or hearing under this article.” § 62-89. Exceptions to the general prohibition against unlawful discriminatory practices on the basis of familial status arguably include a “bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise," and application of different standards under a bona fide seniority or merit system. § 62-111(a)(1), (b)(1). Article II is administered and enforced by the city manager or her designee. § 62-56(a). No. The administrative procedures provided by Article II are not an administrative prerequisite to “another action or remedy available under other law.” § 62-66. But, FRD may not be actionable under other law. No, unless available under other law. See § 62-65 (providing for administrative proceedings before a special master authorized to impose penalties rather than authorization of a private right of action). See also Miami-Dade County Code. Penalties provided in section 62-65 range from $1,000 to $15,000 depending on the severity of the violation and the occurrence of past violations.
Florida Miami-Dade County, Fla. Code §§ 11A-1 to -10 (setting forth general provisions), 11A-25 to -28 (prohibiting FRD in employment) (2007). “Familial status” Familial status is established when [a]n individual who has not attained the age of eighteen (18) years is domiciled with a parent or other person having legal custody of such individual; or [a]n individual who has not attained the age of eighteen (18) years is domiciled with a designee of a parent or other person having legal custody of such individual with the written permission of such parent or other person; or [a]n individual becomes pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.” § 11A-2(9) .
“It is hereby declared to be the policy of Miami-Dade County, in the exercise of its police power for the public safety, health and general welfare, to eliminate and prevent discrimination in employment . . . because of . . . familial status.” § 11A-1(1). Private. Article I defines an “employer" as “any person who in the regular course of business has five (5) or more employees in Miami-Dade County in each of four (4) or more calendar weeks in the current calendar year and any agent, acting manager, contractor or subcontractor of such person.” § 11A-25(2). “Employer" does not include the federal, state, county government, an indian tribe or a “bona fide private membership club.” § 11A-25(2). An “employee" is “an individual employed by an employer.” § 11A-25(1). “It shall be unlawful for any employer to engage in any practices . . . on account of the . . . familial status . . . of any individual or any person associated with such individual.” § 11A-26(1). Practices include to refuse to hire, to place a discriminatory advertisement for employment, to use the services of an employment agency that engages in discriminatory practices, or to “limit, segregate, advertise, recruit or classify an employee or applicant in any way" which would deprive any individual of employment opportunities, adversely affect employment opportunities or status. § 11A-26(1)(a)-(c), (e). “It shall be unlawful employment practice for any employer to discriminate against any of his or her employees or applicants for employment . . . because he or she has opposed any practice made unlawful by this article or because he or she has testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this article.” § 11A-26(4); see § 11A-10 (providing a general prohibition against retaliation). An exemption from the prohibition against discrimination only applies where “religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” § 11A-26(5)(ii). The Equal Opportunity Board and its Director. See §§ 11A-28, 11A-3 to -5 (granting broad authority to receive complaints, investigate, subpoena witnesses, make findings, encourage conciliation, hold hearings, and issue right-to-sue letters to an aggrieved party). Yes. A complainant must file a signed complaint with the Director within 180 days after the alleged unlawful practice occurs. § 11A-28(1). Complainant may request in writing a right-to-sue letter no sooner that 180 days after filing the charge. § 11A-3(2)(h). Yes. Complainant has 90 days from receipt of the right to sue letter to bring a civil action in a court of competent jurisdiction. § 11A-28(10). The Board may order a wide range of remedies including “remedial orders requiring cessation of violations," and final orders requiring hiring, reinstatement, promotion with accrued seniority, benefits, and backpay. 11A-5(6), (7). The Board may award “quantifiable relief" for injuries, costs and attorney's fees, and pre- and post-judgment interest to a prevailing complainant. 11A-5(8)-(11).
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Florida Monroe County, Fla. Code §§ 13-101 to -123 (2008). “Familial status” Familial status means the status of living alone or in any familial relationship whatsoever, including, but not limited to, living with a partner, whether maintaining the legal status of being single, married, divorced, separated or widowed, and whether the partner is same sex or opposite sex, and of living with one (1) or more dependents, whether minor or disabled children or parents.” § 13-102 . No general policy is expressed in Division I, §§ 13-101 to -106. Public (county) and private. “Employer means any person employing fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such person, but such term does not include the United States or a corporation wholly owned by the government of the United States.” § 13-102 . “Employee mean an individual who is engaged to work for or under the direction and control of another for monetary or other valuable consideration.” § 13-102 . “No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's . . . familial status.” § 13-103(a). “No person shall retaliate against any individual because that individual in good faith has made a charge, testified, assisted or participated in an investigation, proceeding or hearing under this division.” § 13-103(f). The prohibition against emploment discrimination does not apply to hiring decisions based on a bona fide occupational qualification. § 13-103(a)(2). No provision of the ordinance may not be waived by written or oral agreement, and such agreements are void. § 13-105. No administrative agency is expressly granted enforcement powers over Division 1 of the Ordinance. No. The Ordinance does not provide for an administrative agency or procedures, but does provide for a private right of action. See § 13-104 (providing for penalties and a private right of action). Yes. “The Monroe County Human Rights Ordinance may additionally be enforced by civil action, including action for equitable relief, by any aggrieved person in a court of competent jurisidiction.” § 13-104(b). Section 6.3-34(a) provides penalties to be assessed against any person violating the Human Rights Ordinance. The ordinance expressly acknowledges a complainant's right to equitable relief in court. § 13-104(b).
Florida Palm Beach County, Fla. Code §§ 2-261 to -313 (2007). “Familial status” Familial status means an individual who has legal custody of one or more child [sic] who has not attained the age of eighteen (18). The protection afforded against discrimination on the basis of familial status shall apply to any individual who is expecting the birth of a child or is in the process of securing legal custody of a child under the age of eighteen (18).” § 2-263. “It shall be the policy of the board of county commissioners, in the exercise of its police power for the public safety, public health, and general welfare to assure, within consitutional limitations, that all persons regardless of . . . familial status . . . be afforded equal opportunity to all terms and conditions of employment. Palm Beach County shall take all necessary and reasonable action to prevent discrimination in employment.” § 2-262. “The provisions of this division shall be liberally construed for the accomplishment of the purpose hereof.” § 13-106; Public (county) and private. “Employer means a person engaged in an industry affecting commerce who has fifteen (15) or more employees for each working day in each of four (4) or more calendar weeks in the current or preceding calendar years, and any agent of such person; including, but not limited to, all state and local governments, governmental agencies, and political subdivisions unless opted out. The term does not include the United States, an Indian Tribe, a bona fide private membership club which is exempt from taxation.” § 2-263. “It is an unlawful employment practice for an employer [t]o discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's . . . familial status, [or to] limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee, because of such individual's . . . familial status.” § 2-312(a). “It is an unlawful employment practice for an employer . . . [to] [r]etaliate or discriminate in any manner against a person who has opposed a practice declared discriminatory by this article, or who has filed a complaint, testifed, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article.” § 2-312(i). The Equal Employment Ordinance provides three exceptions to its prohibitions against discrimination: (1) bona fide occupational qualifications for employment actions on the basis of religion, sex or national origin; (2) bona fide seniority systems; (3) religious organizations conditioning employment on subscription to the beliefs of that religion. § 2-313. The Palm Beach Office of Equal Opportunity. Yes. A signed written complaint may be made by or on behalf of an aggrieved person claiming unlawful employment practices within 180 days of the alleged discriminatory act. § 2-301(a). A person may also pursue a remedy in a civil action, but must file an administrative complaint. See § 2-311(a). “Nothing . . . shall be construed to waive the right of any person to file a charge with any other agency with the legal authority to investigate or act upon the complaint.” § 2-311(b); see, e.g. City of West Palm Beach Code Iproviding a private right of action for FRD). But, the commencement of the action with another agency divests the OEO of jurisdiction. § 2-311(b). Yes. “A person may also commence a civil action in any court of competent jurisdiction against the named employer . . . no later than one (1) year after the date of determination of reasonable cause by the office of equal opportunity.” § 2-311(a). The ordinance authorizes the court to award affirmative relief including prohibitive orders, actual and punitive damages, reasonable attorney's fees and costs. § 2-311(c).
Florida Tampa, Fla. Code §§ 12-16 to -51 (2008). “Familial status” Not defined in Article II, Employment Discrimination, §§ 12-16 to -51. “The general purposes of this article are [t]o provide for execution within the city the policies embodied in the Federal Civil Rights Act of 1964, as amended [and] [t]o secure for all individuals within the city the freedom from discrimination because of . . . familial status . . . in connection with employment, and thereby to promote the interests, rights, privileges of individuals within the city.” § 12-16. Public (city) and Private. “Employer means any person who has five (5) or more full time employees working more than thirty (30) hours per week, or who has more than fifteen (15) employees irrespective of the number of hours per week, in each of the thirteen (13) or more calendar weeks in the current or preceding calendar year, and any agent of such a person. The term 'employer' includes the city.” § 12-17 . “Employee means an individual employed by an employer.” § 12-17 (emphasis in original). “Employee" does not include duly elected officials and their personal staff, supervisory appointees, or immediate advisers. § 12-17. “It is an unlawful employment practice for an employer [t]o fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to that individual's compensation, terms, conditions, or privileges of employment because of such individual's . . . familial status . . . or [t]o limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect that individual's status as an employee, because of such individual's . . . familial status.” § 12-26(a)(1)-(2). Article II expressly adopts and incorporates the unlawful employment practices under the Americans with Disabilities Act (ADA) and ADA regulations. § 12-27. “It is an unlawful employent practice for an employer to discriminate against any of such employer's employees or applicants for employment . . . because he has opposed any practice made an unlawful employment practice by this article, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article.” § 12-26(e). “A demonstration that an employment practice is required by business necessity may not be used as a defense against a claim of intentional discrimination under this article.” § 12-26(i). Article II adopts the unlawful employment-related defenses in the ADA and its regulations. § 12-28. City code further provides exemptions for bona fide occupational qualifications covering all protected classes, bona fide seniority or merit systems, and preferential treatment to correct imbalances between the total percent of persons of a protected class employed as compared to the community at large. § 12-36(a)(1), (c)(1), (d). The administrator for the City of Tampa. Yes. Upon written request by the aggrieved party, the administrator may issue a notice of right to sue 180 days after the filing of the complaint. § 12-49(a)(1)-(2). The administrator may issue the letter sooner if not able to complete the investigation within 180 days. § 12-49(a)(1)-(2). Yes. A person receiving a notice of right to sue may bring a civil action within 90 days from receipt of the letter. § 12-49(d). Article II expressly provides remedies for discrimination in public accommodations but may provide declaratory relief, injunctive relief, and attorney's fees and costs in an FRD action under section 12-49. See § 12-50.
Florida West Palm Beach, Fla. Code §§ 42-31 to -46 (2008). “Familial status” Familial status“ is not defined in Article II, Equal Opportunity. “Family" is defined as “one or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or individuals' or the designee of such parent or other person having such custody, with the written permission of such parent or other person.” § 42-32. “[T]he policy of the city . . . is to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain employment . . . in the city without regard to . . . familial status . . . and to that end, to prohibit discrimination in employment . . . by any person.” § 42-31. Public (city) and private. “Employer means any person who employs 15 or more employees for wages, salaries or commission within the city, exclusive of parents, spouse or children, in each of the four or more calendar weeks of the current calendar year.” § 42-32 . “Employer" includes “any person acting on behalf of an employer, directly or indirectly.” § 42-32. “Employee means a person employed by or seeking employment from an employer," but does not include “any person employed by parents, spouse or child.” § 42-32. “It is an unlawful discriminatory practice for an employer to fail or refuse to hire or to discharge an individual, or otherwise to discriminate against any individual with respect to that individual's compensation, terms, conditions, or privileges of employment, because of such individual's classification category.” § 42-35. “Classification category means that category to which discrimination is prohibited in this article, such categories being as follows: . . . familial status.” § 45-32 . The ordinance makes it “an unlawful discriminatory practice for a person to conspire to [r]etaliate or discriminate against a person because such person opposed a discriminatory practice or because such person has made a charge, filed a complaint, testifed, assisted or participated in an investigation, proceeding or hearing.” § 42-41(1). The ordinance further prohibits aiding and abetting another in a violation, willfully interfering with the performance of the administrator, or willfully obstructing compliance with the ordinance. § 42-41(2)-(4). The ordinance lays out several exemptions to unlawful discriminatory practices. See § 42-36. An employer may hire and employ employees based on that individual's classification category where “such classification category is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” § 42-36. The administrator for the City of West Palm Beach. Yes, unless the civil action is first filed under state or federal law. § 42-42(f). A complaint to the administrator must be timely filed in writing no later than “365 days after the date of the alleged unlawful discriminatory practice.” § 42-42(a). A mandatory mediation must be scheduled by an appointed mediator within 30 days of assignment of the complaint to the mediator. § 42-43(c). Yes. If mediation is unsuccessful, the complaining party may elect to have the complaint decided in an administrative hearing or in a civil court. § 42-43(c). The administrative hearing may result in the imposition of penalties not to exceed $500 per day for each noncompliance. § 42-45. Article II does not limit rights or remedies otherwise provided by local, state or federal law. § 42-46
Georgia Atlanta, Ga. Code §§ 94-110 to -114 (prohibiting FRD in private employment), 94-10 to -41 (setting forth definitions and functions of the Human Relations Commission) (2008). “Parental status" and “familial status” Familial status means the state of being a person who is domiciled with one or more minor children, with the permission of the parent or person with legal custody of such minor child or children.” § 94-10 . “Parental status means being a parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child or children.” § 94-10 . “The council declares that it is the policy of the city, in the exercise of its police powers for the protection of the public health, safety, and general welfare, and for the maintenance of peace and good governnment, to assure equal employment opportunity to all persons, free from restriction and prejudice based upon . . . parental status, familial status.” § 94-110. Private. “Employer means any person who has ten or more employees, or the employer's designee or any person acting in the interest of such employer, but shall not include any municipal, county, state, or federal governmental entity.” § 94-111. “Employee means many [sic] person employed by, or applying for employment with, an employer, and shall include traditional workers, temporary workers, and part-time workers.” § 94-111. “It shall be an unlawful employment practice for an employer [t]o fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges or employment, because of such individual's . . . parental status [or] familial status; or [t]o limit, segregate, or classify his or her employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversly affect his or her status as an employee, because of such individual's . . . parental status, [or] familial status.” § 94-112(a). “[A]n unlawful employment practice is established when the complaining party demonstrates that . . . parental status, [or] familial status . . . was a motivating factor for any employment practice, even though other factors also motivated the practice.” § 94-112(g). “It is an unlawful practice . . . for any person . . . to intimidate, harass, retaliate, obstruct or discriminate against a person in any manner because such person has complied with or proposes to comply with [the code] or has filed a complaint with the human relations commission . . . or has taken other legal action . . . or has testified or assisted in any proceeding . . . or has opposed any practice made an unlawful practice.” § 94-12. The ordinance excludes from unlawful employment practices hiring and employing on the basis of sex where sex is “a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” § 94-114(1). The Human Relations Commission (HRC). §§ 94-110; 94-41 (providing the functions of the commission). The complaint procedure is set forth in section 94-121. No. See § 94-120 (providing that an aggrieved person may file a complaint in Atlanta Municipal Court in lieu of filing a complaint with the HRC). Yes. “In addition to or in lieu of filing a complaint with the human relations commission, an aggrieved person may seek prosecution of alleged violations of the human relations ordinance in Atlanta Municipal Court.” § 94-120. No civil remedies are specially authorized by chapter 94, H. And, “[a] violation of this Code section shall not be deemed a crime.” § 94-113. Violations of municipal ordinances are tried in Municipal Court but the chief judge may refer a case to city court for a jury trial. § 62-35.
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Illinois Champaign, Ill. Code §§ 17-1 to -5 (setting forth intent and definitions), 17-76 to -77 (requiring broad interpretation), 17-101 to -104 (governing investigations and conciliation), 17-121 to -128 (governing public hearings) (2008). “Family responsibilities” 'Family responsibilities' means the state of being, or the potential to become, a contributor to the support of a person or persons in a dependent relationship, irrespective of their number, including single parents.” § 17-3 . “It is the intent of the City, in adopting this chapter, to secure an end, in the City, to discrimination, including, but not limted to, discrimination by reason of . . . family responsibilities . . . or any other discrimination based upon categorizing or classifying a person which is not based upon factual data about the persons or group and is not related to the purpose for which it is used.” § 17-2; see also § 12-5.63 (declaring policy against family responsibilities discrimination in public contracting). “This chapter shall be interpreted consistent with the Statement of Intent to broadly protect persons from discrimination on the basis of their perceived membership in a class or category of persons regardless of their individual characteristics.” § 17-76. Private. “Employer means any person who, for compensation, employs any individual except for the employer's parents, spouse or children; or who employs domestic servants engaged in and about the employer's household.” § 17-3. “Employee means any individual employed or seeking employment from an employer.” § 17-3. “The provisions of this chapter shall not apply to other units of government, including the Federal government or any of its agencies, the State of Illinois and any other political subdivision, municipal corporation or their agencies.” § 17-4.2 “Unlawful" or “illegal discrimination" is defined as “any practice or act which is based wholly or partially on or the perception of an individual based on . . . family responsibilities . . . unless such practice or act is permitted as an exception in this Chapter of any individual.” § 17-3. Not expressly prohibited in the Human Rights Ordinance. The Human Rights Ordinance provides an exception for acts justified “on the basis of being reasonably necessary to the normal operation of the business or enterprise.” § 17-4. But, the business necessity exception does not apply when the act is based on stereotypical group characteristics or preferences. § 17-4. The Human Relations Commission. Yes, because no private right of action is provided and a complete complaint procedure is. Any individual “who believes that he or she has been aggrieved by a violation . . . of this chapter may file a complaint with the Human Rights Officer.” § 17-101(a)(1). The Human Rights Officer has authority to conciliate where there is a preliminary determination of probable cause, certify the matter for the city attorney for enforcement proceedings, and dismiss complaints. §§ 17-101 to - 104. If conciliation fails and the Human Rights Officer makes a final determination of probable cause, a hearing is scheduled and the parties noticed. §§ 17-121 to -122. The Human Relations Commission renders a final decision in the matter with a cease and desist order and appropriate remedies. § 17-123. No. Remedies for a violation of the Human Rights Ordinance may include hiring, reinstatement, back pay, actual damages including possible compensatory damages, a fine for willful violations, provision of benefits denied, education at respondent's expense. §§ 17-124 to -125. If a respondent fails to comply, the city attorney may bring enforcements proceedings and seek injunctive relief. § 17-126. A determination of a violation constitutes prima facie evidence that a business is not operating in the public interest, and the Commission may recommend that a license, permit, or franchise necessary for the operation of that business be denied, revoked, suspended, or otherwise restricted. § 17-128.
Illinois Chicago, Ill. Code §§ 2-160-010 to -120 (designating unlawful discriminatory activities); 4-404-010 to -080 (applying prohibition against FRD to large retailers); §§ 2-74-010 to -160 (governing city employment (LexisNexis 2007). “Parental status” Parental status“ is defined as “the status of living with one or more dependent minor or disabled children.” § 2-160-020(i); Reg. 100(23). “It is the policy of the city of Chicago that all persons within its jurisdiction shall have equal access to public services and shall be protected in the enjoyment of civil rights, and to promote mutual understanding and respect among all who live and work within this city. The city council of the city of Chicago hereby declares and affirms . . . [t]hat behavior which denies equal treatment to any individual because of his or her . . . parental status . . . undermines civil order and deprives persons of the benefits of a free and open society. § 2-160-010; see Reg. 100(26)(defining “protected class). "It is the general purpose of this ordinance, and it is necessary in the public interest, to establish a system of personnel administration that meets the social, economic, and program needs of the people of the city of Chicago, to provide for a professional and progressive merit system for employment, and to insure flexible career service within the city of Chicago. § 2-74-020. “The provision of this chapter shall be liberally construed for the accomplishment of the purpose hereof. § 2-160-110. Public (city) and private. “'Employer' means any 'person,' as defined below, employing one or more employees.” Reg. 100(12). “'Person' means, but is not limited to, one or more individuals, corporations, partnerships, political subdivisions, municipal corporations or other governmental units or agencies, associations, labor organizations, joint apprenticeship programs, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees in cases under Title 11 of the United States Code, receivers, trustees or other fiduciaries, and any successors or assigns thereof.” Reg. 100(25). The Municipal Code applies the prohibition against discrimination specifically to “Large Retailers.” § 4-404-010 (defining “large retailer" and “employee" for application of Chapter 4-404.); § 4-404-040 (prohibiting discrimination on the basis of “parental status"). For public employment, the employer for purposes of chapter 2-72 is the City of Chicago. See § 2-74-020. “No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's . . . parental status.” § 2-160-030. “No person shall discriminate against any employee or applicant because of . . . parental status . . . as defined in Chapter 2-160.” § 2-74-080. “No person shall retaliate against any individual because that individual in good faith has made a charge, testified, assisted or participated in an investigation, proceeding or hearing under this chapter.” § 2-160-100. For public employment, not expressly probibited in Chapter 2-74. “The Commission shall find that it is not a violation of the 'Chicago Human Rights Ordinance' . . . for an employer or employment agency to discriminate based on a criteria which constitutes a bona fide occupational qualification ("BFOQ") for a particular job. The person asserting the exemption shall bear the burden of establishing that it is appropriate in a particular circumstance. The Commission shall examine the effect of an employer's claim of BFOQ in excluding persons based upon their membership in a Protected Class under the HRO . . . . Generally, a BFOQ is appropriate to exclude an entire class of individuals on the basis of a standard that is necessary for safe and sufficient job performance.” Reg. 305.100. But, “[w]here an exemption is granted in the HRO or these Regulations permitting discrimination based on a person's membership in a particular Protected Class . . . that exemption shall not be read to allow discrimination based on a person's membership in a Protected Class.” Reg. 370. With regard to public employment, chapter 2-74 does not apply to the police board or the superintendent of police. § 2-74-130. For private employment, the City of Chicago Commission on Human Relations. For public employment, the City of Chicago Department of Human Resources. Yes, for private employment. “The Chicago commission on human relations shall receive and investigate complaints of violations of this chapter, except where such duty is modified by intergovernmental agreement, and shall prepare and provide necessary forms for such complaints.” § 2-160-090. Yes, for public employment. The Commissioner of Human Resources prescribes uniform procedures for pursuing grievances for career service and departmental employment service employees. § 2-74-070. No for both public and private employment. “Any person who violates any provision of this ordinance as determined by this commission shall be fined not less than “$100.00 and not more than $500.00 for each offense. Every day that a violation shall continue shall constitute a separate and distinct offense.” § 2.160.120. “Any person who wilfully violates this section shall be fined not less than $100.00 nor more than $500.00 or be imprisoned for not more than six months, or both.” § 2-74-090. Any person convicted of a violation of the ordinance is ineligible for appointment to a position of city service for five years. § 2-74-090.
Illinois Cook County, Ill. Code §§ 42-30 to -42; §§ 44-41 to -56 (2008). “Parental status” Parental status means the status of living with one or more dependent minors or disabled children.” § 42-31 . With respect to public employment, “[i]t is the general purpose of this article, and it is necessary in the public interest, to establish a professional and progressive merit-based human resource management system that . . . [e]stablishes fair, equitable procedures for employees and applicants for employment.” § 44-41. As a general matter in private employment, “[t]he provisions of this article shall be liberally construed for the accomplishment of its purpose.” § 42-32. Public (county) and private. “The prohibitions against unlawful discrimination contained in this section apply . . . [t]o employment that is or would be in whole or in party in the County[,] or [w]hen the act of unlawful discrimination takes place in the County. § 42-35(a). “Employer means [a]ny person employing one or more employees, or seeking to employ one or more employees [i]f the person has its principal place of business within Cook County[,] or [d]oes business within Cook County.” § 42-31 . “'Employer' does not include the United States government, the state government or its agencies, or the “government of any municipality in Cook County.” § 42-31. “Employee means [a]ny individual whether paid or unpaid, engaged in employment for an employer[,] or [a]n applicant for employment.” § 42-31. Article II and the Human Resources Management System regulate the civil services of the county. § 44-44. But, specific classes of officials and employees are exempt from its provisions. § 44-44. For private employment, “[n]o employer shall directly or indirectly discriminate against any individual in hiring, classification, grading, recruitment, discharge, discipline, compensation, selection for training and apprenticeship, or other term, privilege, or condition of employment on the basis of unlawful discrimination.” § 42-35(b)(1). “Unlawful discrimination means discrimination against a person because of the actual or perceived status, practice or expression of that person's . . . parental status . . . ; or the actual or perceived association with such a person.” § 42-31 . For public employment, “[n]o person shall discriminate against any County employee or applicant for County employment because of . . . parental status.” § 44-53. In private employment, “no person shall retaliate against any person because that person in good faith has opposed that which the person reasonably believed to be unlawful discrimination . . . or other violation of this article or has made a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this article.” § 42-41(a). For public employment, not expressly prohibited in Article II. With regard to private employment, the prohibitions against employment discrimination do not apply to “[h]iring or selecting between individuals for bona fide occupational qualifications.” § 42-35(c)(1). For public employment, none expressly provided in Article II. For private employment, the Cook County Commission on Human Rights (CHR). For public employment, the Cook County Bureau of Human Resources (BHR). Yes, in private employment. The CHR is responsible for initiating, receiving, and investigating violations of this article. § 42-34(a)(7). If a complaint is timely filed, CHR has discretion to approve a request by the complaining party to have the claims decided in a civil action in a court of general jurisdiction. § 42-34(d)(2). Yes, in public employment. “The Chief of Human Resources shall prescribe uniform procedures for pursuing grievances for career service employees where such grievance procedures are not provided in a collective bargaining agreement, including provision employees. § 44-51. Yes. “Any individual injured by a violation of this article shall have cause of action against the violator. It is expressly the intention of this article to confer an individual rights [sic] of action which may be redressed in the courts.” § 42-34(d)(1). No, public employment. In private employment actions, the commission may order remedies including a cease and desist order, and orders to hire, reinstate, pay back pay, provide benefits denied, and award actual damages, costs and reasonable attorney's fees, interest on actual damages and back pay, and impose fines. § 42-31(c); see also City of Chicago Code
Indiana Lafayette, Ind. Code §§ 2.07.010-.050 (LexisNexis 2007). “Familial status” “'Familial status' means one or more persons under eighteen (18) who live with a parent, legal custodian, or designee; pregnant women; or people in the process of obtaining legal custody of a child.” § 2.07.010. The City of Lafayette seeks to “provide all of its citizens equal opportunity for employment," and “for the purpose of seeking to end discrimination.” § 2.07.020. Public (city) and private. “Employment" is defined as “working for another for wages or salary, but excluding an individual employed by parents, spouse or child, or in the domestic services of another.” § 2.07.010. The ordinance does not apply to “churches, church schools or church affiliated day care centers in the area of employment.” § 2.07.050. “'Discrimination' means any difference in the treatment of a person, including exclusion or segregation, because of . . . familial status.” § 2.07.010. This chapter does not expressly prohibit discrimination but grants authority to the Commission on Human Rights to receive complaints, investigate, and seek to correct public and private acts of discrimination. See § 2.07.040(A),(C),(E). Not expressly prohibited in this chapter. The code imposes a duty on the Commission on Human Rights to “protect employers, labor organizations, employment agencies . . . from unfounded charges.” § 2.07.040(J). The City of Lafayette Commission on Human Relations. Yes. Because it is the duty of the Commission to receive, investigate and seek to adjust all complaints of discrimination, and because Chapter 2.07 does not expressly provide a private right of action, a complainant must seek redress under the ordinance through the Commission's administrative process. No. “In the event either the claimant or respondent fails or refuses to comply with the order of the Commission, the fact of such refusal, together with the verified complaint and the entire records of its proceedings, shall be presented to the City Attorney for study or prosecution.” § 2.07.040(L). If the city attorney finds a violation of law, she or he will take “appropriate action.” § 2.07.040(L). The Commission has power to “levy a fine of any amount, not to exceed three hundred dollars ($300.00), for any and all persons not appearing for the formal hearing after they have been properly notified.” § 2.07.040(M).
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Kansas Leavenworth, Kan. Code §§ 58-36 to -45 (setting forth powers of human relations commission), 58-66 to -72 (prohibiting FRD in employment) (2007). “Familial status” Not defined in Article III, §§ 58-67 to -72. None expressed in chapter 58. Public (city) and private “Employer means and includes any person in the city employing four or more persons, in full-time (minimum of 35 hours per week) capacity, who are not members of the same immediate family; and any person acting directly or indirectly for any employer as herein defined in this section, and . . . in all political subdivisions of the city, state, and federal government, but shall not include a nonprofit fraternal or social association or corporation.” § 58-67. “Employee means [sic] does not include any individual employed by such individual's parents, spouse or child or in the domestic service of any person.” § 58-67. “It shall be an unlawful employment practice [f]or an employer, because of . . . familial status of an individual to refuse to hire, employ, or to bar or discharge from employment such an individual; or to otherwise discriminate against such an individual in compensation, or in terms, conditions, or privileges of employment; or to limit, segregate, separate, classify, or make any distinction in regard to employeees; or to follow any employment procedure or practice which, in fact, results in discrimination, segregation, or separation, without a valid business motive or occupational qualification.” § 58-68. Not expressly prohibited in Article III. But see § 58-68(7) (making it unlawful for any person to aid, abet, incite, compel, or coerce the performance of any forbidden act). “A person shall not submit or file a complaint, statement, or report with the human relations commission knowing or having reason to believe that such information is false. Giving a false complaint, statement or report is a misdemeanor punishable as provided in section 58-66.” § 58-72(b). City of Leavenworth Human Relations Commission (HRC). It is a duty of the Human Relations Commission “to endeavor to aid the city and its people in benefiting from the fullest realization of its human resources by developing program policies and practices which can open the way for each individual regardless of . . . familial status to develop according to his or her abilities without limitation.” § 58-45(1). Maybe. A complaint may be filed with the HRC within 90 days of the alleged discriminatory act. § 58-72(a). The HRC then investigates. § 58-72(d). If the HRC finds probable cause, it attempts to eliminate the unlawful conduct with conciliation. § 58-72(d). Where conciliation fails, the HRC may deliver the complaint to the city attorney. § 58-72(e). Then, “[c]omplaints may be filed in the municipal court and prosecuted as provided by the 'Code of Procedure for Municipal Court.'" § 58-72(e). No. “Any person who shall be found in violation of this article by a competent court of law shall be adjudged guilty or [sic] a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than one year or by a fine of not more that [sic] $1,000.00, or both such fine and imprisonment.” § 58-66.
Kansas Topeka, Kan. Code §§ 86-111 to -137 (2007). “Familial status” Not defined in Division 2 of Article IV, §§ 86-111 to -120. See § 82-291 (defining “familial status" for purposes of the housing code provisions). “It is the policy of the city to take affirmative action to achieve equal treatment in employment for individuals . . . in all personnel actions and procedures.” § 86-111. But, the general statement of policy excludes “familial status" from a list of protected classes even though it prohibits discrimination on that basis in section 86-114. Compare § 86-111 with § 86-114. Public (city) The prohibitions against unlawful employment practices apply to employment-related actions of all city officials, department heads, agents or employees of the city. § 86-114. “It shall be an unlawful employment practice for an official, department head, agent or employee of the city, because of . . . familial status . . . which is unrelated to the ability to perform a particular task or occupation, of any person to refuse to hire or employ, or to bar or to discharge from employment, such person or to otherwise discriminate against such person in compensation or in terms, conditions or privileges of employment; or to limit, segregate, separate, classify or make any designation in regard to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, segregation or separation without a valid business motive.” § 86-114. Not expressly prohibited in Division 2, City Hiring. None expressly provided in Division 2. “All administrative personnel and department heads will be responsible for carrying out all aspects of the affirmative action program within their division or department.” § 86-116. Not applicable to the affirmative action program. See also §§ 86-118 (setting forth duties of the equal opportunity officer), -120 (providing audit procedures for the program). No. Division 2 does not expressly provide for penalties for violations of the prohibitions against unlawful employment practices but does provide for audit procedures presumably to support administrative oversight and accountability. But see § 86-120.[1]
Kansas Winfield, Kan. Code §§ 42-1 to -2 (setting forth definitions and general policy), 42-61 to -64 (prohibiting FRD in employment) (2007). “Familial status” Familial status means one or more individuals, who have not attained the age of 18 years, being domiciled with [a] parent or another person having legal custody of such individual, or [t]he designee of such parent or other person having such custody with the written permission of such parent or other person.” § 42-1 . “The practice or policy of discrimination against individuals by reason of . . . familial status is a matter of concern to the city since such discrimination threatens not only the rights and privileges of the inhabitants of the city but menaces the institutions and foundations of a free democratic state. It is . . . the policy of the city . . . to endeavor to eliminate and prevent discrimination, segregation and separation because of . . . familial status . . . . [and] to ensure equal opportunities and encouragement to every person regardless of . . . familial status in securing and holding, without discrimination, employment in any field of work for which he is properly qualified.” § 42-2. Public (city) and Private “Employer includes any person in the city employing four or more persons who are not members of such person's immediate family, any person acting directly or indirectly for any employer, and labor organizations, nonsectarian corporations and all political subdivisions of the city , state and federal governments, but shall not include a nonprofit fraternal or social organization or corporation.” § 42-1 . “Employee means any person employed by an employer, but does not include any individual employed by a member of his immediate family or in the domestic service of any person.” § 42-1 . “It shall be an unlawful employment practice for [a]n employer, because of the . . . familial status of any person, to refuse to hire or employ or to bar or discharge from employment such person or to otherwise discriminate against such person in compensation or in terms, conditions or privileges of employment; or to limit, segregate, classify or make any distinction in regard to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, segregation or separation without a valid business motive.” § 42-61(1). Not expressly provided in chapter 42 None expressly provided in Chapter 42. None specified in Chapter 42. No administrative procedure provided by Chapter 42 No. None expressly provided by Chapter 42.
Kentucky Ashland, Ky. Code §§ 35.01-.13 (2008). “Familial status” Familial status“ means “[o]ne or more individuals who have not attained the age of eighteen (18) years and are domiciled with [a] parent or another person having legal custody of the individual or individuals; or [t]he designee of a parent or other person having custody, with the written permission of the parent or other person. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.” § 35.13(A). “It is the public policy of the city to promote fair treatment and equal opportunity for all persons regardless of . . . familial status.” § 35.13(B). Public (city). See Ashland, Ky. Code Chapter 36 (available at the Human Resources Director/City Clerk's office during regular business hours). “Discrimination" means “[a]ny direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of . . . familial status, or the aiding, abetting, inciting, coercing or compelling thereof.” § 35.13. Not expressly prohibited in Chapter 35. None expressly provided by Chapter 35. Chapter 35 creates and specifies the functions of the Ashland Commission on Human Rights. § 35.13(C)-(D). It has powers to administer any discrimination ordinances that the Board of Commissioners may administer. § 35.13(D)(2). Powers include the ability to receive, investigate, and hold hearings regarding charges of discrimination. § 35.13(E)(4). But, chapter 35 includes no application of familial status discrimination to employment. See 35.13. N/A N/A N/A
Kentucky Paducah, Ky. Code §§ 58-1 to -3 (setting forth policy, definitions, and penalty), 58-61 to -63 (prohibiting FRD in employment) (2007). “Familial status” Not defined in Article I, §§ 58-1 to -3, or Article III, §§ 58-61 to -63. “It is the purpose and policy of the city to safeguard all individuals within the city from discrimination because of . . . familial status . . . in connection with employment . . . [and] thereby to protect their interest in personal dignity and freedom from humiliation, to make available to the city their full productive capacities, to secure the city against strife and unrest which would menace its democratic institutions, and to further the interests, rights and privileges of all individuals within the city.” § 58-1. Public (city) [unclear] and private. “Employer" means “a person who has eight or more employees within the state in each of 20 or more calendar weeks in the current or preceding calendar year and an agent of such a person.” § 58-2. “Person" means “one or more individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representativies, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or other legal or commmercial entity.” § 58-2. “Employee" means an individual employed by an employer, but does not include an individual employed by his parents, spouse or child or an individual employed to render services as a domestic in the home of the employer.” § 58-2. “It is an unlawful practice for an employer [t]o fail or refuse to hire, or to discharge, any individual, or otherwise discriminate against an individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's . . . familial status . . . or [t]o limit, segregate, or classify his employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's . . . familial status.” § 58-61(a). “Discrimination" means “[a]ny direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of . . . familial status . . . or the aiding, abetting, inciting, coercing or compelling thereof.” § 58-2. “It shall be an unlawful practice for a person, or for two or more persons, to conspire [t]o retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this chapter, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, or hearing under this chapter.” § 58-131.
Section 58-62 provides exceptions to city prohibitions against unlawful practices including bona fide occupational qualifications for employment actions on the basis of religion, sex or national origin and those made pursuant to a bona fide seniority systems. The City of Paducah Human Rights Commission (HRC). Yes. The HRC has the power and duty to enforce chapter 58. § 58-132(a). An individual may file a complaint with the HRC. § 58-132(b). The HRC must investigate and attempt to end the discriminatory conduct through conciliation. If that fails, the HRC holds a hearing and may issue an order. § 58-132(f), (g). No. “Whoever violates any provision of this chapter shall, in addition to any and all other remedies set forth herein, be subject to the maximum fine and/or imprisonment amounts permitted to be imposed by this city under all applicable state and/or federal law.” § 58-3.
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Maryland Cumberland, Md. Code §§ 9-26 to -30 (2007). “Familial status” Familial status means the status of one (1) or more individuals who are under age eighteen (18) and being domiciled with a parent or other person having the legal custody of the individual or the designee of the parent or other person having legal custody of the individual, with the written permission of the parent or other person. Familial status includes the status of being a pregnant woman or an individual or is in the process of securing legal custody of an individual under age eighteen (18).” § 9-26 None expressed in Article II, §§ 9-26 to - 30. Public (city) and private. “Employer means a person engaged in industry or business who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such a person; such term does include the state to the extent as may be provided in this article but such term does not include a bona fide membership club, other than a labor organization, which is exempt from taxation under section 501(c) of the Internal Revenue Code.” § 9-26 . “Employee means an individual employed by an employer, except that employee does not include any person elected to public office or any person chosen by the officer to be on the officer's personnel staff, or an appointee in the policymaking level of an immediate advisor with respect to the exercise of the constitutional or legal powers of the the office. The exception set forth in the preceding sentence does not include employees subject to the state or local civil service laws.” § 9-26 (emphasis in the original and added). “Discrimination" means “any direct or indirect act, policy or practice of exclusion, distinction , restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of an individual based on, or the perception of . . . familial status . . . or the aiding, abetting[,] inciting, coercing or compelling thereof.” § 9-26 Not expressly prohibited in Chapter 9. None expressly provided in Chapter 9, Article II. The City of Cumberland Human Relations Commission. Yes. “Any person claiming to be aggrieved by a violation" may file a timely written complaint with the Commission. § 9-30(a)(1). The Cumberland Human Relations Commission has the duty to receive and investigate complaints, conciliate, and assist of public offices and agencies. § 9-29(a). The Commission may hold hearings, determine whether a violation has occurred, issue remedial orders, and issue fines under state law. § 9-29(a)(5)-(6). If a remedial order is ineffective, the commission may refer the complaint to the city solicitor for further investigation and prosecution or may apply to the court for enforcement by injunction. § 9-30(b). No. The commission may issue remedial orders and assess fines under state law. § 9-30(a)(6).
Maryland Frederick County, Md. Code §§ 2-2-1 to -69 (2008). “Familial status” Familial status means, with reference to one or more individuals who are under the age of 18 years, being domiciled with the individual and being [a] parent or other person having legal custody of the individual; or [t]he designee of a parent or other person having legal custody of the individual, with the written permission of the parent or other person having legal custody. § 2-2-68(c)(2)(i)(1). “'Familial status' includes the status of being [a] pregnant woman; or [a]n individual who is in the process of securing legal custody of an individual under the age of 18 years.” § 2-2-68(c)(2)(i)(2). None expressed in Article V, §§ 2-2-68 to -69. Private but public (county) not expressly. “In employment cases, the board of county commissioners may grant the human relations commission powers or jurisdiction over only employers with 15 or more employees.” § 2-2-3(d)(1)(iii). Article V does not directly prohibit discrimination but creates duties and powers of the Human Relations Department See § 2-2-68(c)(2)(ii) (providing that “[t]he Human Relations Department shall investigate complaints alleging discrimination as to familial status in housing and employment"). Not expressly prohibitied in Article V. None applicable to familial status discrimination in employment expressly provided in Article V. Human Relations Commission. No complaint procedure provided in Article V. No. “The board of commissioners may not authorize the human relations commission to . . . [c]reate a private right of action.” § 2-2-68(c)(1)(ii)(3). With certain exceptions, “the board of county commissioners by ordinance may authorize the human relations commission to provide remedial relief, including equitable relief and monetary damages.” § 2-2-68(c)(1)(i).
Maryland Howard County, Md. Code §§ 12.200-.218 (2007). “Familial status” Familial status means “[t]he status of individual(s) under age 18 domiciled with [a] parent or other individual having legal custody of the individual(s); or [a] designee of the parent or other individual having legal custody of the individual(s), with written permission from the parent or other individual; or [t]he status of being a pregnant woman; [t]he status of an individual who is in the process of securing legal custody of an individual under age 18. § 12.201.VII. “The Howard County Government shall foster and encourage the growth and development of Howard County so that all persons shall have an equal opportunity to pursue their lives free of discrimination.” § 12.200.I Discrimination based on . . . [f]amilial status . . . [is] contrary to the public policy of Howard County.” § 12.200.II. Public (county) and private. “Employer" means “[a] person, engaged in an industry or business, who has 5 or more full-time or part-time employees for each working day in each 20 or more calendar weeks in the current or previous calendar year and any agent of such a person.” § 12.208.I(d). Howard county is also an “employer.” § 12.208.I(d). “Employee" means “[a]n individual employed by an employer" but does not include elected public officers. § 12.208.I(c). “It shall be unlawful if, because of discrimination, an employer [d]ischarges a person[,] or [r]efuses to hire a person[,] or [a]cts against a person with respect to compensation or other terms and conditions of employment[,] or [l]imits, segregates, classifies or assigns employees.” § 12.208.II(a). “Discrimination" means “[a]cting or failing to act, or unduly delaying any action regarding any person because of . . . [f]amilial status in such a way that such person(s) are adversely affected in the area of employment.” § 12.208.I(a). “It shall be unlawful for an employer to discriminate against any of his/her employees or applicants for employment because the employee or applicant has opposed any practice which is unlawful under this section or because the employee or applicant has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing pursuant to this subtitle.” § 12.208.II(f)(1). “When it is demonstrated that bona fide occupational qualifications are reasonable, necessary and relevant to the normal operation of the particular business or enterprise, this section shall not apply in the case of bona fide occupation qualifications established by [a]n employer in hiring, assigning, compensating or discharging individuals.” § 12.208.III(a). An exemption applies to bona fide seniority systems as well. § 12.208.III(c). The Howard County Office of Human Rights. Uncertain for private employers. “The action in the Circuit Court for Howard County shall be in addition to pursuing the procedures and seeking the remedies set forth in this subtitle.” § 12.217.III. Actions by Howard County employees alleging discrimination must exhaust administrative remedies pursuant to Article VII of the Howard County Charter. § 12.208.III(e). Section 1.600 governing public employment does not include protection on the basis of “familial status.” See §1.601(i). Yes. “Any person who is aggrieved by an act prohibited by this subtitle may bring an action in law or in equity in the Circuit Court of Howard County to seek damages, including counsel fees, redress of injury or injunctive relief arising out of any such prohibited act.” § 12.217.II. Civil penalties under Chapter 12 include a civil penalty paid to the aggrieved person for a violation resulting in humiliation and mental anguish. § 12.216(a). Civil penalties in a civil action for a violation of employment discrimination provisions may be up to $5,000 plus reasonable attorney fees. § 12.216(b)(2).
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Maryland Montgomery County, Md. Code §§ 27-1 to -21 (2007). “Familial responsibilities” Family responsibilities“ means “the state of being financially or legally responsible for the support or care of a person or persons, regardless of the number of dependent persons or the age of any dependent person.” § 27.6. “Montgomery County's policy is to foster equal opportunity for all without regard to . . . family responsbilities . . . and strictly in accord with their individual merits as human beings.” § 27.1(a). “ Public (county) and private. “Employer" means “any person who employs one or more individuals in the County, either for compensation or as a volunteer.” § 27-6. “Employer" also emcompasses an individual recruiting in the county and the county itself. § 27-6. “Employee" means “any individual employed by an employer, either for compensation or as a volunteer" as well as “an individual seeking or applying for employment by an employer.” § 27-6. “A person must not because of . . . family responsibilities . . . or because of any reason that would not have been asserted but for . . . family responsibilities . . . fail or refuse to hire, fail to accept the services of, discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment; or limit, segregate, or classify employees in any way that would deprive or tend to affect adversely any individual's employment opportunities or status as an employee.” § 27.19(a)(1)(A)-(B). “A person must not retaliate against any person for lawfully opposing any discriminatory practice prohibited under this division or filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this division.” § 27.6(c)(1). It is not an unlawful employment practice for an employer “to hire and employ employees . . . on the basis of . . . family responsibilities . . . based on a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” § 27-19(e)(1). “It is not unlawful for any employer to observe the terms of a bona finde seniority system or any bona fide employee benefit plan.” § 27-19(f). The Montgomery County Office of Human Rights. No. An aggrieved person may timely file a complaint with the Director of the Office of Human Rights. § 27-6(a). The director investigates the complaint, and if she finds reasonable grounds to believe a violation occurred, then she must attempt to conciliate. § 27-6(f). If conciliation fails to timely take place, then the County Commission of Human Rights must conduct a hearing. § 27-6(g)-(h). The case review board may order payment of damages and other relief. § 27-8. See also § 27-9(a) (recognizing a cause of action under Maryland law). Yes. “Any person subjected to an act of discrimination or intimidation under this article may pursue a civil action under Maryland law.” § 27-9(a)
Where the case review board finds a violation, it may order payment of damages including attorney's fees, expenses, up to $500,000 for humiliation and embarrassment, and financial losses, equitable relief, consequential damages, and “any other relief that furthers the purposes of this article.” § 27-8(a). Additionally, the case review board may order payment of civil penalities of up to $5,000 for employment violations. § 27-28(b).
Maryland Prince George's County, Md. Code 2-186, 2-222 (2009) “Familial status” Familial status shall mean one or more individuals (who have not attained the age of 18 years) being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall be extended to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” § 2-186(a)(7.1). The County government is charged with directing “its efforts and resources towards eliminating discriminatory practices within the County in the areas of . . . employment . . . and other facets of the lives of its citizens where such practices may be found to exist.” § 2-185. Public (county) and private. See § 2-186 (defining “employer" as “any person engage in commerce" and specifying that “employer" includes the County). “Employer shall mean any person engaged in commerce, industry, agriculture, or a lawful profession, who for compensation has hired or contracted for the services of one (1) or more employees, for a total of forty (40) or more hours in the current or preceding calendar year, and an agent of such person. Employer does include the County of Prince George's to the extent provided in this Division.” § 2-186(a)(5). “No employer in the County shall discharge or refuse to hire any person, or act against any person with respect to compensation or other terms and conditions of employment, or limit, segregate, classify, or assign employees because of discrimination.” § 2-222. Not Expressly prohibited in Chapter 2. But see § 2-185(c) (stating that the prohibitions against discrimination are substantially similar, but not identical, to prohibitions in federal and state law). None provided in Chapter 2. Prince George's County Human Relations Commission. No. See § 2-200 (authorizing an action in law or equity in addition to administrative procedures). Yes. “Any person who is aggrieved by any act prohibited in this Division may bring an appropriate action in law or equity in the Circuit Court to seek damages, redress of injury, or injunctive relief arising out of any such prohibited act, in addition to pursuing the procedures and seeking the remedies established in this Division.” § 2-200. Section 2-195 authorizes the Commission to issue a cease and desist order to a respondent found to have committed a discriminatory action. The Commission has a broad authority “to take such affirmative action as equity and justice may require and prespective relief as is necessary to effectuate the purposes of this division.” § 2-195(a). Remedies include an award of back pay, reimbursement of expenses. § 2-195(b). Damages for “humiliation and suffering" up to $100,000 may be awarded to compensate the complaining party. § 2-195.01(a)(3).
Massachusetts Boston, Mass. Code §§ 12-9.1 to .15 (2008). “Parental status” Parental status shall mean the condition of having minor or disabled children.” § 12-9.1. “It is the policy of the City of Boston to assure that every resident shall have equal access to and benefit from all public services, to protect every resident in the understanding and respect among all residents of the City. It is clear that behavior which denies equal treatment to any of our citizens as a result of their . . . parental status . . . undermines civil order and deprives persons of the benefits of a free and open society.” § 12-9.1. Public (city) and private. “Employer shall mean any individual, partnership, association, corporation, trustees, public charity, foundation, political subdivision, board, department, commission, agency or any other person which engages and controls the services of an individual in the City of Boston in exchange for monetary or other valuable consideration, except that it shall not include any employer with six (6) or less persons in its employ, exclusive of parents, spouse or children, nor does it include a club exclusively social, or a fraternal association or religious organization, incorporated or unincorporated, if such fraternal association or religious organization, incorporated or unincorporated, if such fraternal association or religious organization is not incorporated for profit and if the primary function thereof is religious or fraternal.” § 12-9.1. “Employee shall mean any individual who is engaged to work for or under the direction or control of another for monetary or other valuable consideration, but shall not include any individual employed by her or his parents, spouse or children. § 12-9.2. “It shall be an unlawful practice and thereby deemed a violation of this Chapter for a person directly or indirectly to refuse to hire, employ, classify or upgrade, to bar or to discharge from employment, or otherwise discriminate against any person in the terms, conditions, or privileges of employment, including compensation, because of the . . . parental status . . . of such individual, unless based upon a bona fide occupational qualification.” § 12-9.3. “It shall be an unlawful practice and thereby deemed a violation of this Chapter for any person to discriminate against any individual because he or she opposed any practice made unlawful by this Chapter, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Chapter.” § 12-9.8. “Bona fide occupational qualification shall mean a valid consideration of . . . which is a requirement for employment and has been certified as such by the Commission or by the Massachusetts Commission Against Discrimination under Chapter 151B of the Massachusetts general Law.” § 12-9.1. The Boston Human Rights Commission (HRC). Yes. “Any person claiming to be aggrieved by an alleged discriminatory practice under this ordinance or claiming to represent an aggrieved person, may, by her or himself or her or his attorney, file with the Commission a verified written complaint . . . . No complaint shall be considered unless it is filed with the Commission within one hundred eighty (180) days after the occurence of the alleged discriminatory practice, or unless it has been referred to the Commission by the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission after having been timely filed with either and or both agencies.” § 12-9.12. No. “Any remedies provided by this ordinance shall be cumulative with any other remedies provided by State or Federal law.” § 12-9.14.
Massachusetts Cambridge, Mass. Code §§ 2.76.030 (setting forth definitions), 2.76.120 (prohibiting FRD in employment), 2.76.160 (stating policy against FRD) (LexisNexis 2007) . “Family status” Family status“ means “the actual or supposed condition of having minor children living with the individual or not.” § 2.76.030(6). “[I]t is the policy of the City to safeguard the equal opportunities of all individuals in the City in accordance with their abilities, regardless of their . . . family status . . . and to prevent discrimination against such individuals in the provision of City services and in employment.” § 2.76.160(B). Public (city) and private. The ordinance applies to employers with six or more persons. § 2.76.120(D)(3)(a). Several different types of employment are exempt from the ordinance including individuals working within the home of the employer and those “rendering services to the person of the employer or his or her family". § 2.76.120(D)(3)(b)-(e). “It is an unlawful practice for an employer directly or indirectly to refuse to hire or employ or to bar or to discharge from employment, training or apprenticeship or to discriminate against any individual in compensation or in the terms, conditions or privileges of employment, training or apprenticeship, because of the . . . family status . . . unless based on a bona fide occupational qualification.” § 2.76.120(D). “It is an unlawful practice for the City or the Cambridge School Department, or any of their agencies, departments, subdivisions or employees to discriminate against any person in the provision of . . . employment . . . because of . . . family status . . . of such persons.” § 2.76.120(A). “It is an unlawful practice for any person to discharge, expel, evict, harass, retaliate in any manner or otherwise take action against any person because such person has opposed any act forbidden by this chapter or because such person has filed a complaint, testified or assisted in any proceeding under this chapter.” § 2.76.120(Q). Employers may invoke a bona fide occupational qualification where the discrimination is necessary as a result of the qualification and no less discriminatory means satisfies the qualification. § 2.76.120(D)(1)(a), (b). “Bona fide occupational qualification" means “a valid consideration of . . . family status . . . that is a requirement for employment and has been certified as such by the Cambridege Human Rights Commission . . . or by the Massachusetts Commission Against Discrimination.” § 2.76.030(2). The City of Cambridge Human Rights Commission. Probably yes. The Cambridge Human Rights Commission has adopted a complete complaint procedure. “These rules govern the practice and procedure before the [CHRC] . . . in all matters arising out of [Chapter] 2.76 . . . of the Cambridge City Code. Rules of Procedure, § I. No. None provided in sections cited here.
Massachusetts Medford, Mass. Code §§ 2-151 to -548 (2007). “Familial status” Not defined in Medford Code. “It is the policy of the city to uphold the human rights of all persons in the city, and the free exercise and enjoyment of any rights and privileges secured by the Constitutions [sic] and Laws of the United States and the constitution and laws of the commonwealth. This policy shall provide equal opportunity to each person regardless of . . . familial status . . . where unlawful discrimination exists in . . . employment.” § 2-541. With respect to the construction of sections in Division 2 generally, “[t]he provisions of this division shall be construed liberally for the accomplishments of the purposes thereof, and any ordinance inconsistent with any provision hereof shall not apply, but nothing contained in this division shall be interpreted to contravene the general laws of the commonwealth.” § 2-542. Probably public (city) and private [Unclear]. Article III establishes the Human Rights Commission but does not provide an express provision prohibiting familial status discrimination in employment. See § 2-545 (enumerating the functions, duties, and powers of the commission which include initiating investigations into unlawful discrimination in employment). N/A N/A N/A The City of Medford Human Rights Commission. No relevant procedure provided in Article III. No, but no relevant procedure is provided by Article III. None provided in Article III.
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Michigan Albion, Mich. Code §§ 54-26 to -60 (2007). “Familial status” Not defined in Article II, §§ 54-26 to -60. None expressed in Article II. Public (city). See § 54-26 (prohibiting discrimination in employment by city department, official, agent, or employee). “It shall be unlawful for any city department or any city official, his agent or employees for and on behalf of the city to [w]illfully refuse to employ or to discharge any person of this city otherwise qualified, because of . . . familial status[,] [to] [d]iscriminate for the same reasons in regard to tenure, terms or conditions of employment[,] [to] [d]eny promotion or increase in compensation solely for these reasons[,] [to] [a]dopt or enforce any rule or employment policy which discriminates against employees on account of . . . familial status . . . seek such information, other than age, as to any employee as a condition of employment except in cooperation with federal or state authorities in furtherance of national security, [or] penalize any employee or discriminate in the selection of personnel for training solely on the basis of . . . familial status.” § 54-26. Not expressly prohibited in Article II None provided in Article II. None specified in Article II. But see § 54-59 (requiring of a written complaint with the human relations committee). No complaint procedure provided in Article II. No. None provided in Chapter 54.
Michigan Ann Arbor, Mich. Code §§ 9:150-:164 (2007). “Family responsibilities” Family responsibilities“ means “the state of being or the potential to become a contributor to the support of a person or persons in a dependent relationship.” § 9:151. “It is the intent of the city that no person be denied to equal protection of the laws; nor shall any person be denied the enjoyment of his or her civil or political rights or be discriminated against because of actual or perceived . . . family responsibilities.” § 9:150. Public (city) and private. “Employer" is defined as “[a] person employing 5 or more persons.” § 9:151(6). “No person shall discriminate in the employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any person.” § 9:154. “Discriminate" means “[t]o make a decision, offer to make a decision or refrain from making a decision based in whole or in part on the actual or perceived . . . family responsibilities.” § 9:151(4). The code also prohibits policies that create a discriminatory effect stating “[n]o person shall adopt, enforce or employ any policy or requirement which has the effect of creating unequal opportunities according to actual or perceived . . . family responsibilities . . . except for bona fide business necessity.” § 9:159. “No person shall coerce, threaten or retaliate against a person for making a complaint or assisting in the investigation regarding a violation or alleged violation of this chapter, nor require, request, conspire with assist or coerce another person to retaliate against a person for making a complaint of assisting in an investigation.” § 9:155. Section 9:159 provides an exception from the prohibition against discriminatory effects for a bona fide business necessity. The City of Ann Arbor Department of Human Relations. No. “Prosecution for violation of this chapter may be initiated by complaint of the affected person or by the director on the basis of an investigation initiated by the director [of the Department of Human Relations].” § 9:162 (emphasis added). Yes. “An individual who is the victim of discriminatory action in violation of this chapter may bring a civil action for appropriate injunctive relief or damages or both against the person(s) who acted in violation of this chapter, including reasonable attorney fees.” § 9:164(1). “Private actions and remedies under this section shall be in addition to any actions for violations which the city may take.” § 9:164(3). “Nothing contained in this chapter shall be construed to limit in any way the remedies, legal or equitable, which are available to the city or any other person for the prevention or correction of discrimination.” § 9:163(4).
Michigan Shelby, Mich. Code §§ 2-141 to -179 (2007). “Familial status” Not defined in Article IV, §§ 2-141 to - 179. None expressed in Article IV. Public (township civil service). Chapter 2 establishes a township civil service system with unclassified service including elected officers, appointees, and members of the police and fire departments, and classified services including all other township positions. §§ 2-171 to -172. “No applicant shall be discriminated against by reason of . . . familial status.” § 2-177. Not expressly prohibited in Article IV. None expressly provided in Article IV. Shelby Charter Township Board and the Civil Service Commission. Yes, a violator may be subject to disciplinary proceedings. “Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the township board after appointment or promotion is complete by an order in writing, stating specifically the reasons for such action. The order shall be filed with the civil service commission, and a copy shall be furnished to the person to be removed, suspended or reduced.” § 2-143. No. Nothing other than disciplinary actions expressly provided by Chapter 2. But see § 1.7(d) (providing that all violations of the code are misdemeanors unless otherwise stated).
Michigan Wayne County, Mich. Code §§ 120-191 to -193 (prohibiting FRD by county contractors) (2007) . “Familial status” Not defined in the Wayne County Code. None expressed in Article IX, §§ 120-191 to -193. But see § 120-1 (stating general purposes for the county procurement system). Public (county contracting). A business contracting with the county for an amount over $50,000 for supplies and services or $100,000 for construction must be certified by the division of human relations that it complies with the non-discrimination requirements. § 120-192(b). But, government agencies are exempt from the certification requirement. § 120-192(b). Each business entering into a public contract with the county must agree in writing not to engage in specified discriminatory employment practices. § 120-192(a). It is prohibited “[f]or a business, because of . . . familial status . . . of any individual, to refuse to recruit, hire, employ, promote or to bar or discharge from employment such individual, or discriminate against such individual in compensation, terms, conditions or privileges of employment.” § 120-192(a)(1). The ordinance also prohibits a business “to limit, segregate or classify an employee or applicant for employment in a way which deprives or tends to deprive any individual of employment opportunities or otherwise adversely affects the employment status of an employee because of . . . familial status.” § 120-192(a)(2). The ordinance further prohibits familial status discrimination in job adverstisement and the collection of information from prospective employees. § 120-192(a)(3), (4). Not expressly prohibited in section 120. Businesses subject to an adverse finding or action under this chapter may file a grievance for review by the purchasing director in cooperation with the division of human relations. § 120-193(e). The Wayne County Division of Human Relations. Yes. Businesses aggrieved by a finding of a violation may file a written grievance. § 120-193(e). No. Violations are subject to a range of penalties which include decertification for future contracts, rescission or termination of contract, withholding of payment, disqualification for bidding for up to 3 years, injunction, damages, and other remedies under contractor law. § 120-193(c)(2)a-e. With respect to discrimination, this subsection specifically provides “[t]he director of human relations may, for serious defaults in making good faith efforts to comply with the anti-discrimination policies of section 120-192, debar a business from bidding on future contracts for a period of no more than three years.” § 120-193(c)(2)f.
Michigan Ypsilanti, Mich. Code §§ 58-61 to -79 (2007). “Familial status” Familial status means the state of being related by blood or affinity to the fourth degree.” § 58-62. “It is the intent of the city that no person be denied equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against because of . . . familial status.” § 58-61(a). Public with exceptions (city) and Private. “Employer means a person employing five or more persons.” § 58-62. Chapter 58 does not apply to the mayor, mayor pro tem, city council members, city attorney and all assistants, all employees and staff of the city attorney, all members of the human relations commission and the clerk and secretary thereof concerning the performance of their official city duties. § 58-76. “No employer shall discriminate in the employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any person.” § 58-65(a). “Discriminate means to subject anyone to different or separate treatment, based in whole or in part, on the person's actual or perceived . . . familial status.” § 58-62 . “No person shall coerce, threaten or retaliate against a person for making a complaint or assisting in the investigation regarding a violation or alleged violation of this article, nor require, request, conspire with, assist or coerce another person to retaliate against a person for making a complaint or assisting in an investigation.” § 58-66(d). The ordinance provides a one-year limitation period on private actions for discrimination in violation of the ordinance. See § 58-75. The period runs from the alleged unlawful practice or from the time the practice ceases if it is continuous in nature. § 58-75. City attorney and Human Relations Commission (HRC). No. The city attorney receives a written complaint from an aggrieved party. § 58-67(a). The city attorney refers the complaint to the appropriate agency for investigation. § 58-67(c). The HRC arranges for voluntary conciliation with the parties. § 58-68(a). But, “[n]othing in this article shall prohibit an aggrieved person from commencing civil action to obtain injuctive relief to prevent discrimination prohibited by this article.” § 58-70. Yes. “An individual who is the victim of discriminatory action in violation of this article may bring a civil action for appropriate injunctive relief or damages or both against the person who acted in violation of this article.” § 58-74(a). “Private actions and remedies under this section are in addition to any actions for violations that the city may take.” § 58-74(c). Individuals alleging unlawful discrimination may bring a civil action for injunctive relief or damages or both against the person violating the ordinance. § 58-74(a). Damages include not only injury or loss sustained because of the violation, but also reasonable attorney fees. § 58-74(b). The ordinance provides for a fine of not more than $500.00 and all costs of the private action. § 58-73. Courts have powers to order reinstatement, payment of lost wages, promotion, or “other approporiate relief.” § 58-73(a). The city may also take actions in addition to the private actions. § 58-74(c).
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Minnesota St. Paul, Minn. Code § 183 “Familial status”  "Familial status  means the condition of one (1) or more minors being domiciled with their parent or parents or legal guardian or the designee of the parent or parents or guardian. The protection afforded against discrimination on the basis of familial status applies to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority.” § 183.02 (11). “The council finds that discrimination in employment . . . based on . . . familial status . . . adversely affects the health, welfare, peace and safety of the community. Persons subject to such discrimination suffer depressed living conditions, poverty and lack of hope, injuring the public welfare, placing a burden upon the public treasury to ameliorate the conditions thus produced, and creating conditions which endanger the public peace and order. The public policy of Saint Paul is to foster equal opportunity for all to obtain employment . . . without regard to their . . . familial status . . . and strictly in accord with their individual merits as human beings.” § 183.01. Public (city) and private Employer: “Employer includes all persons, firms, or corporations, wherever situated, who employ one (1) or more employees within the city, or who solicit individuals within the city to apply for employment within the city or elsewhere; the term includes the city itself, the board of education, and all other political subdivisions, public corporations, and governmental units conducting any activity within the city. An employer includes a person, firm or corporation which hires temporary employees through an employment service.” § 183.02 (9). Employee: (8) “Employee includes every person who works for wages, salary, or commissions or any combination thereof, and in context the term also includes those who are seeking or applying for employment. “ § 183.02 (8). “Except when based on a bona fide occupational qualification, it shall be unlawful: For an employer to discriminate in any of the following: To refuse to hire an applicant for employment; To discharge an employee; To discriminate against an employee with respect to hire, tenure, referral, apprenticeship, compensation, terms, upgrading, or other conditions or privileges of employment; To do or commit any other act with respect to an employee or applicant.” § 183.03 (2).
“It is an unfair discriminatory practice for any employer...to intentionally engage in any reprisal?" [examples omitted]. § 183.10.
Exempts parent employers and religious orgs. Other exemptions regarding age, disability, etc. See § 183.031.
On Disparate Impact: “If the complaining party has met its burden of showing that an employment practice is responsible for a statistically significant adverse impact on a particular class of persons, an employer must justify that practice by demonstrating that the practice is manifestly related to the job or significantly furthers an important business purpose. Upon establishment of this justification, the charging party may prevail upon demonstration of the existence of a comparably effective practice that the court finds would cause a significantly lesser adverse impact on the identified protected class.” § 183.121.
St. Paul Department of Human Rights and Equal Employment Opportunity. St. Paul Human Rights and Equal Economic Opportunity Commission. Yes. No action may be brought for civil enforcement or criminal prosecution unless a complaint of alleged discriminatory practice has been filed with the Saint Paul Human Rights Department within one year after the occurrence of the practice. § 183.17. “For purposes of obtaining judicial review by any respondent aggrieved hereunder, administrative remedies shall be deemed exhausted and the order of the commission shall be deemed final upon issuance.” § 183.24 (10). Yes. “A person may bring a civil action seeking redress for an unfair discriminatory practice directly to the district court wherein the unlawful discriminatory practice is alleged to have been committed or where the respondent resides or has a principal place of business.” A person may also bring a civil action upon various findings by the director. See § 183.202. “If, after hearing, the panel shall conclude that a violation has occurred, it shall prepare an order which may require the respondent to pay a complainant, who has suffered discrimination, compensatory damages in an amount up to three (3) times the actual damages sustained. The panel may also order the respondent to pay a complainant who has suffered discrimination, damages for mental anguish or suffering, in addition to punitive damages in conformance with Minnesota laws.” § 183.24 (6).
Injunctive relief (incl reinstatement, etc.) also available.
Missouri Kansas City, Mo. §§ 38-1 to -6 (2007). “Familial status” Familial status means one or more individuals, who have not attained the age of 18 years, being domiciled with [a] parent or another person having legal custody of such individual or individuals; or [t]he designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” § 38-1 . None expressed in Article I, §§ 38-1 to -6. Public (city) and private. “Employer includes any person employing six or more employees.” § 38-1 . “Employee means any individual employed by an employer, but does not include an individual employed by his parents, spouse or child or any individual employed to render services as a domestic in the home of the employer.” § 38-1 . “It shall be unlawful for any person to discriminate in employment . . . on account of . . . familial status.” § 38-2(a). Not expressly prohibited in Article I. None provided in Article I. City of Kansas City Human Rights Commission No relevant procedure provided in Chapter 38 No relevant procedure provided in Chapter 38 None provided in Chapter 38.
New Jersey Monroe, N.J. Code §§ 50-1 to -7 (2008). “familial status” Not defined in Chapter 50, §§ 50-1 to -7. “The duty and function of the Commission shall be to foster, through community effort or otherwise, goodwill, cooperation and conciliation among the groups and elements of the inhabitants of the community and to make recommendations to the Mayor and Council for the development of policies and procedures in general and for programs for formal and informal education that will aid and eliminate all types of discrimination based on . . . familial status.” § 50-5(A). Unknown The township code does not expressly prohibit familial status discrimination in employment, but charges the Commission with the duty to adopt policies and procedures that aid in the elimination of “all types of discrimination.” See § 50-5(A). N/A N/A N/A Monroe Township Human Relations Commission N/A N/A N/A
New Jersey Newark, N.J. Code § 2:2-84.4 “Familial status” Not defined “The City of Newark is an equal opportunity/affirmative action employer and adheres to the State nondiscrimination policies and encourages the application of minorities and women. Our nondiscrimination policy is as follows:The City of Newark does not discriminate against any employee or applicant for employment because of . . . familial status.” § 2:2-84.4. Public (city) See § 2:2-84.4 (setting forth the nondiscrimination policy of the city as an employer). None No language beyond the policy itself. No. None None defined. Possible Newark Division of Personnel§ Title 20, Ch. 12 ("Fair Employment Practices") refers to the NJ State Division of Civil Rights and references N.J.S. 10:5-12. None defined. Unclear. Unclear.
New Jersey Passaic, N.J. Code §§ 35-1 to -15 (2008). “Familial status” Not defined in Chapter 35, §§ 35-1 to -15. “The City of Passaic . . . has a strong commitment to provide a work environment free from unlawful harassment based on . . . familial status . . . . the City will not tolerate unlawful harassment.” § 35-6. Public (city). “The purpose of this policy is to ensure all employees of the City of Passaic a work environment free of any type of unlawful discrimination, including freedom from harassment on the basis of any protected classification.” § 35-6. Improper conduct that constitutes harassment includes improper remarks and actions based on protected classifications, threats or suggestions that work status will be affected, affecting or denying employment opportunities or benefits, engaging in a negative tangible employment action, and retaliation. § 35-8. Actionable harassment includes “[r]etaliation against an employee who has reported any alleged violation of this policy or participated in an investigation related to this policy.” § 35-8. “The City of Passaic encourages victims of harassment to bring their complaints to management by ensuring that no reprisals or retaliations will result against such complaining individual as a result of the good faith reporting of harassment.” § 35-13. “Reprisal or retaliation may be the basis of a separate complaint, even if the complaint of harassment may be found to be without merit.” § 35-13. “Since a charge of harassment is a grave and serious one, false accusations of harassment are, and will be treated as, a disciplinary offense and will result in a level of punishment appropriate for a person engaging in such behavior.” § 35-14. The City Business Administrator Yes. “Any employee who feels he or she has been subject to harassment or has knowledge of a violation of this policy should report the incident directly to the Business Administrator or his/her designee.” § 35-11. No. “If the City determines that unlawful harassment has occurred in violation of this policy, the individual who engaged in such harassing conduct shall face immediate and appropriate disciplinary action based upon the severity of the complaint and any prior history of past charges made against the individual and disciplinary action involving the individual. Disciplinary action may include being suspended without pay pending the hearing, a written warning, suspension, demotion, and/or termination of employment.” § 35-13.
New Jersey Rocky Hill, N.J. Code §§ 24-1 to -20 (2008). “Familial status” Not defined in Chapter 24, §§ 24-1 to -20. “The Borough of Rocky hill is committed to providing every employee with a workplace free from unlawful discrimination. All forms of unlawful employment discrimination based upon . . . familial status . . . are prohibited and will not be tolerated.” § 24-9. Public (borough). “This policy pertains to all employees and applicants for employment in Borough departments. The Borough of Rocky Hill will not tolerate harassment or discrimination by anyone in the workplace including supervisors, coworkers, or nonemployees.” § 24-9. “It is a violation of this policy to engage in any employment practice or procedure which treats an employee less favorably based upon a person's . . . familial status. § 24-9. “Retaliation against any employee who alleges that she/he was the victim of a violation of this article, or against any employee who provides information in the course of an investigation into claims of unlawful violation of this article, is prohibited. Any employee bringing a complaint, providing information for an investigation, or testifying in any proceeding under this policy will not be subjected to adverse employment consequences based upon such involvement or be the subject of retaliation.” § 24-16. “If any employee knowingly makes a false accusation of unlawful discrimination/harassment or knowingly provides false information in the course of an investigation of a complaint, such conduct may be grounds for discipline. Complaints made in good faith, however, even if found to be unsubstantiated, will not be considered a false accusation.” § 24-18. A person may report a discriminatory incident to the Mayor, the State of New Jersey Department of Law and Public Safety's Division on Civil Rights located in Trenton or “to other persons designated by their department head to receive workplace discrimination complaints.” § 24-12. Yes. “All employees have the right and are encouraged to immediately report suspected violations of the Borough policy prohibiting discrimination, harassment or hostile environments in the workplace.” § 24-14. No. “Violations of this article are deemed to be a serious digression from acceptable conduct, is conduct unbecoming a public officer and will result in appropriate disciplinary action, including the possibility of termination from employment.” § 24-15. The Borough Council may discharge the employee, reprimand in writing, transfer, require psychological therapy of his or her own expense. § 24-15(A)-(D).
New Jersey Wanaque, N.J. Code §§ 29-1 to -24 (2008). “Familial status” Not defined in Chapter 29, §§ 29-01 to -24. “The purpose of this article is to ensure all employees of the Borough of Wanaque a work environment free of any type of unlawful discrimination, including freedom from harassment on the basis of any protected classification.” § 29-23. Public (borough). Chapter 29 provides rules and personnel policies for the civil service of the Borough of Wanaque including appointment of officers and employees. See §§ 29-1 to -21. The policy of the Borough is “to provide a work environment free from unlawful harassment based on . . . familial status.” § 29-22. Harassment includes unwelcome remarks or comments based on protected status, threats that work status will be affected, denying employment opportunities, negative tangible employment actions, and retaliation. § 29-24. “Retaliation against an employee who has reported any alleged violation of this policy or participated in an investigation related to this policy" violates the Borough's policy against harassment. § 29-24. “Since a charge of harassment is a grave and serious one, false accusations of harassment are, and will be treated as, a disciplinary offense and will result in a level of punishment appropriate for a person engaging in such behavior.” § 29-24(H). The Borough of Wanaque Administrator. Yes. Employees subjected to harassment should report the incident to the Administrator. § 29-24(D). The administrator must then investigate the complaint. § 29-24(E). If unlawful harassment occurred, then immediate and appropriate disciplinary action follows. No. “Disciplinary action may include being suspended without pay pending the hearing, a written warning, suspension, demotion, and/or termination of employment.” § 29-24(E)(2).
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
New York Ithaca, N.Y. Code §§ 215-1 to -36 (2008). “Familial status” Familial status“ means “[a]ny person who is pregnant or has a child or is in the process of securing legal custody of any individual who has not attained the age of 18 years; or [o]ne or more individuals (who have not attained the age of eighteen years) being domiciled with [a] parent or another person having legal custody of such individual or individuals, or [t]he designee of such parent. § 215-2. “While the City of Ithaca Municipal Code presently provides human rights protections related to fair housing, it does not contain similar provisions prohibiting discrimination in the areas of credit; education; employment, and public accommodations. Therefore, the Common Council of the City of Ithaca is desirous of providing for protection against discrimination to its residents in all of these areas. Furthermore, Common Council wishes to extend human rights protection to the following list of protected classes . . . [including] familial status.” § 215-1. Public (city) and private. “Employer does not include any employer with fewer than four person in his or her employ.” § 215-2. “Employee [d]oes not include any individual employed by his or her parents, spouse or child, or in the domestic service of any person.” § 215-2. “It shall be an unlawful discriminatory practice [f]or an employer or licensing agency to refuse to hire or employ or to bar or to discharge from employment an individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment because of the actual or perceived . . . familial status.” § 215-3. “Discrimination [i]ncludes segregation and separation.” § 215-2. “It shall be an unlawful discriminatory practice for any person engaged in any activity to which this article applies to retaliate or discriminate against any person because he or she has opposed any practices forbidden under this article or because he or she has filed a complaint, testifed or assisted in any proceeding under this article.” § 215-9.4(B); § 215-3(A)(1)(e). None applicable to familial status discrimination. None specified for familial status discrimination. But see § 215-18(A)(4) (directing appeals from physical handicap grievances by public employees to the Human Services Committee of the Common Council); see also § 215-9.5(B) (permitting alternately the lodging of complaints with Tompkins County Human Rights Commission, state and federal agencies). Unclear. Yes. “Any individual or group aggrieved and alleging unlawful discrimination may, in addition to the remedies provided by this article, have a cause of action against the violator for money damages and any other remedy available at law.” § 215-9.5(A). “Any individual who violates any of the provisions of this article shall, upon conviction be punishable by a fine not to exceed $500 or imprisonment for not more than 15 days, or both such fine and imprisonment.” § 215-9.6; see also § 215-9.5(A).
New York Rye Brook, N.Y. Code § 24-1 to -9 (2008). “Parental status” Not defined in Chapter 24, §§ 24-1 to -9. “The Board of Trustees of the Village of Rye Brook establishes these rules of ethical conduct for municipal officers and employees as a guide to assist in maintaining their proper conduct and to promote public confidence in our unit of local government.” § 24-1. Public (village). “Officer or employee includes any official, officer or employee of the Village of Rye Brook, whether paid or unsaid [sic], part-time, including members of any department, board, commission or other committee thereof. The following are not included: independent contractors who are requested to do work for the Village periodically under separate agreements or contracts each project, volunteer or on-call fire fighters, auxiliary police and civil defense volunteers. § 24-2. “No officer or employee shall [d]iscriminate or cause involuntary segregation, or permit to discriminate directly or indirectly, based upon . . . parental status . . . or allow the preceding to be factors affecting the recruitment, selection, placement, assignment, compensation or promotion of any officer or employee.” § 24-7. Not expressly prohibited by Chapter 24. None expressly provided by Chapter 24. Village of Rye Brook Ethics Board and the Board of Trustees. Probably yes. “The Ethics Board shall establish its own procedures, though the procedures must include maintaining comprehensive records of all of the opinions and proceedings.” § 24-9(C). No. “In addition to any penalty contained in any other provision of law, the Ethics Board may recommend to the Board of Trustees that any person who shall knowingly and intentionally violate any of the provisions of the Code of Ethics be fined, suspended or removed from office or employment for cause, in the manner provided by law.” § 24-6.
New York Westchester County, N.Y. Code §§ 700.01-.18 (2008). Exec. Work Order No. 5-2002 “Familial status” Not defined in the Westchester County Code. “The County of Westchester has a diverse population within its beautiful boundaries. In recognition of this beauty and the great danger posed to the morale, health, safety and welfare of the County by the existence of prejudice, intolerance, hatred and antagonism among some of its residents, because of an actual or perceived difference, including those based on . . . familial status . . . the County Board of Legislators hereby finds and declares that prejudice, intolerance, bigotry and discrimination threaten the rights and proper privileges of the inhabitants of Westchester County and endanger the institutions of a free and democratic people. Notwithstanding provisions of federal and state law, there have been repeated instances of intolerance and discrimination committed in Westchester County. The Board of Legislators affirms that the County of Westchester has the duty and responsibility to act to assure that every individual within the County is afforded an equal, fair and timely opportunity to enjoy a full and productive life.” § 700.01. Public (county) and private. See § 700.11(o) (providing procedures for complaints against the county or its employees). “Employer in this chapter means any person(s) with at least four persons in their employ, provided, however, such term shall not include an employer where at least two-thirds of the employees are the children, parents, spouse or relatives within the third degree of consanguinity, or the spouses thereof, of such employer.” § 700.02(7). “Employee in this chapter does not include any individual employed by his or her parents, spouse or child nor does the term 'employee' include any individual in the domestic service of any person nor does the term 'employee' include any person employed, hired or engaged as an independent contractor or to conduct or supply any personal services included but not limited to tutoring, mentoring, private or personal instruction, personal training, home or child care services.” § 700.02(6). “It shall be an unlawful discriminatory practice [f]or an employer or an employee or an agent thereof to refuse to hire or employ or bar or discharge from employment any person because of such person's actual or perceived group identity . . . or to discriminate against any person in compensation or in terms, conditions or privileges of employment because of such person's actual or perceived group identity.” § 700.03(1). “Discrimination shall include, but shall not be limited to, segregation, separation, harassment, physical intimidation and acts of hate and physical violence.” § 700.02(5). “Group identity shall mean . . . familial status.” § 700.02(10). “It shall be an unlawful discriminatory practice for any person engaged in any activity to which this chapter applies to retaliate or discriminate against any person because he or she: (1) opposed any practices forbidden under this chapter; or (2) has filed a complaint, testified, assisted or participated in any proceeding under this chapter; or (3) has commenced a civil action against such employer . . . which action alleges the commission of an unlawful discriminatory practice; or (4) has participated in or assisted the commission or its members or counsel in any investigation; or (5) has provided information to the commission or its members or counsel in any investigation which information was given as a verified statement not later found to lack veracity.” § 700.07(b). Subsection 700.03(b) provides exceptions including insurance coverage differences and good faith retirement policies. The Westchester County Human Rights Commission (HRC). Yes, unless a complaint has already been filed with the New York State Division of Human Rights or other local government agency authorized to receive such complaints. See § 700.14(a). Any aggrieved person may make a timely written complaint to the HRC, but the complaining party must waive her rights to have the complaint heard by any other state or federal civil rights agencies. § 700.11(a). No. The HRC may order respondent to cease and desist, hiring, reinstatement, back pay, compensatory damages, punitive damages, costs, and reasonable attorney's fees. § 700.11.
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Ohio Xenia, Ohio Code §§ 604.01, 620.01-.99 (2008). “Familial status” Familial status“ means either “[o]ne or more individuals who are under 18 years of age and who are domiciled with a parent or guardian having legal custody of the individuals, or who are domiciled, with the written permission of the parent or guardian having legal custody, with a designee of the parent or guardian; or [a]ny person who is pregnant or in the process of securing legal custody of any individual who is under 18 years of age.” § 604.01. “It is hereby declared to be the policy of the City of Xenia to do all things necessary and proper to secure, for all its citizens, the right to be free from discriminatory practices based upon . . . familial status.” § 620.01. Public (city) and private. “Employer" means “[a]ny person who employs the services of an individual person; the state, any political subdivision of the state, any person employing four or more persons within the state, and any person acting, directly or indirectly, in the interest of an employer.” § 604.01. “Employee" includes “any person who is employed by an employer in consideration of direct or indirect monetary wages or profit.” § 604.01. “Discrimination" means “[a]ny difference in treatment, based on . . . familial status . . . . 'Discrimination' includes segregation and separation.” § 604.01. Not expressly prohibited by Chapter 620. None applicable to familial status discrimination in employment. But see § 620.09 (exempting religious organizations and housing accommodations provided under federal and state programs). “Resolution 97-K, passed July 10, 1997, and Resolution 99-O, passed 10-14-1999, designated the Greene and Clark County Fair Housing Office as the city's Fair Housing Agency.” § 620 (Editor's Note). No. “Nothing contained in this chapter shall prevent any person from exercising any right or seeking any remedy to which that person might be entitled or from filing any complaint with any other agency or court of law or equity.” § 620.99(c). No. Violation of the provisions of Chapter 620 is minor misdemeanor. § 620.99(a). If a court determines that a violation has occurred, then the court awards compensatory damages and punitive damages up to $2,000.00 and attorney's fees and costs. § 620.99(b). The court may also award injunctive relief. § 620.99(b).
Oregon Beaverton, Or. Code §§ 5.16.005 - .060 “Familial status” Not defined in chapter 5.16 “It is the policy of the City of Beaverton to eliminate discrimination based on . . . familial status . . . . Such discrimination threatens not only the rights and privileges of Beaverton citizens, but menaces the institutions and foundation of our community . . . . It is the intent of the Mayor and Council, in the exercise of their powers for the protection of the public health, safety, and general welfare and for the maintenance of peace and good government, that every individual shall have an equal opportunity to participate fully in the life of the city and that discriminatory barriers to equal participation in employment . . . be removed.” § 5.16.010.” Public (city) and private Not defined in chapter 5.16. “It shall be an unlawful employment practice for any employer to discriminate on the basis of an individual’s . . . familial status . . . by committing against any such individual any of the acts made unlawful under ORS 659A.030, 659A.100 to 659A.142.” § 5.16.020. Oregon state law makes it an unlawful employment practice “[f]or any person to discharge, expel or otherwise discriminate against any other person because that other person has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under this chapter or has attempted to do so.” ORS § 659A.030. None applicable to familial status discrimination in employment. But see § 5.16.040 (exempting the use of special rates or services or promotion of a business by use of special rates for families). The Mayor of Beaverton, Oregon may adopt rules to implement enforcement and administration of the Civil Rights Ordinance. § 5.16.050(A). The Oregon Bureau of Labor and Industries, Civil Rights Division is authorized to receive complaints in accordance with state law. See § 5.16.050(B) authorizing use of procedures under ORS 659A.820). “Any order issued by the Commissioner of the Bureau of Labor and Industries under Chapter 5.16 shall be deemed as one issued by a municipal judge and shall be fully enforceable by the city.” § 5.16.050. No. “Enforcement of all or any part of Chapter 5.16 shall be governed by the procedures established in ORS Chapter 659A.” ” 5.16.050(A). Under Beaverton Code, an aggrieved person may file a complaint with the Commissioner of the Oregon Bureau of Labor and Industries, Civil Rights Division. § 5.16.050(B). Yes. “Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of Chapter 5.16 shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate . . . .” § 5.16.050(E). “Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be decided as provided for in ORS 659A.870 to 659A.890. The court may grant such relief as it deems appropriate, including, but not limited to, such relief as is provided in ORS 659A.885.” § 5.16.050(E).
Oregon Benton County, Or. Code §§ 28.005 - 115 (2009) “Familial status” and “family responsibilities” Not defined in Chapter 28. “The purpose of BCC Chapter 28 is to eliminate discrimination based on . . . familial status . . . . Such discrimination poses a threat to the health, safety and general welfare of the citizens of Benton County and menaces the institutions and foundation of our community.” 28.010. “The intent of BCC Chapter 28 is that no person be denied the equal protection of the laws, nor shall any person be denied the enjoyment of his/her civil or political rights or be discriminated against because of . . . family responsibilities.” § 28.105. Public (county) and private. Not defined in Chapter 1 or Chapter 28, which states that “[a]ll other terms used in BCC Chapter 28 are to be defined as in Oregon Revised Statutes Chapter 659 or Benton County Code Chapter 1.” Pursuant to section 659A.001(4), “'Employer' means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.” Section 659.001(3) states that “'employee' does not include any individual employed by the individual’s parents, spouse or child or in the domestic service of any person.” “[I]t shall be an unlawful employment practice for an employer to discriminate on the basis of an individual’s . . . familial status, by committing against any such individual any of the acts already made unlawful under ORS 659.030 when committed against the categories of persons listed herein.” § 28.105(2). No provision in Chapter 28. But see ORS § 659A.030 (making it an unlawful employment practice “[f]or any person to discharge, expel or otherwise discriminate against any other person because that other person has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under this chapter or has attempted to do so.”) No provision in Chapter 28 relevant to FRD. The prohibition against FRD is enforced pursuant to the procedures established in the Oregon Revised Statutes chapter 659A, but the County Attorney of Benton County is authorized to adopt rules, procedures, and forms to implement and enforce the code. §§ 28.025(1), 28.030(1). No. “Enforcement of all or any part of BCC Chapter 28 shall be governed by the procedures established in ORS Chapter 659. Rules adopted by the County Attorney pursuant to BCC Chapter 28 may also be used to implement enforcement and administration of BCC Chapter 28.” § 28.025(1). “Any person claiming to be aggrieved by an unlawful employment practice under BCC Chapter 28 may file a complaint with the Commissioner of the Bureau of Labor and Industries under procedures established in ORS 659.040.” § 28.025(2)(emphasis added). Yes. “Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this code shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate . . . .” § 28.025(5). “The court may grant such relief as it deems appropriate, including but not limited to such relief as is provided in ORS 659.121.” § 28.025(5).
Oregon Corvallis, Or. Code §§ 1.23.010 - .120 (2009) “Familial status” Not defined in Chapter 1. “It is the policy of the City to eliminate discrimination based on . . . familial status . . . . Such discrimination poses a threat to the health, safety and general welfare of the citizens of Corvalis and menaces the institutions and foundation of our community.” § 1.23.010. “It is the intent of the City that no person be denied the equal protection of the laws, nor shall any person be denied the enjoyment of his/her civil or political rights or be discriminated against because . . . familial status . . . . ” § 1.23.020(1). Public (city) and private. Not defined in Chapter 1.01 or Chapter 1.23, which states that “all other terms used in this Chapter are to be defined as in Oregon Revised Statutes Chapter 659A or Corvallis Municipal Code Chapter 1.01.” Pursuant to section 659A.001(4), “'Employer' means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.” Section 659.001(3) states that “'employee' does not include any individual employed by the individual’s parents, spouse or child or in the domestic service of any person.” “It shall be unlawful to discriminate in employment on the basis of . . . familial status . . . by committing any of the acts made unlawful under the provisions of ORS 659A.030 or 659A.142, as applicable.” § 1.23.050(1). No provision in Chapter 1.23. But see ORS § 659A.030 (making it an unlawful employment practice “[f]or any person to discharge, expel or otherwise discriminate against any other person because that other person has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under this chapter or has attempted to do so.”) No provision in Chapter 1.23 relevant to FRD. The prohibition against FRD is enforced pursuant to the procedures established in the Oregon Revised Statutes chapter 659A, but the City Attorney of Corvallis is authorized to adopt rules, procedures, and forms to implement and enforce the code. §§ 1.23.080(1), 1.23.090(1). No. “Enforcement of any part of this Chapter shall be governed by the procedures established in ORS Chapter 659A. Rules adopted by the City Attorney pursuant to Section 1.23.090 of this Chapter may also be used to implement enforcement and administration of this Chapter.” § 1.23.080(1). “Any person claiming to be aggrieved by conduct constituting an unlawful practice pursuant to ORS Chapter 659A may file a complaint with the Commissioner as provided in ORS 659A.820, ORS 659A.890 or, subject to ORS 659A.870, ORS 659A.885.” § 1.23.080(2) (emphasis added). Yes. “Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this code shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate . . . .” § 1.23.080(5). “The court may grant such relief as it deems appropriate, including but not limited to such relief as is provided in ORS 659A.885.” § 1.23.080(5).
Oregon Eugene, Or. Code § 4.613 et seq. “Familial status” Familial status means “[t]he relationship between one or more individuals at least one of whom has not attained 18 years of age and who is domiciled with: (a) A parent or another person having legal custody of the individual; or (b) The designee of the parent or other person having such custody, with the written permission of the parent or other person. “'Familial status' includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age.” § 4.615. “The city finds that discrimination based . . . familial status . . . poses a substantial threat to the health, safety and general welfare of the citizens of Eugene. The city further finds that existing state and federal prohibitions against discrimination are not adequate and, therefore, the city deems it necessary and proper to enact a local ordinance to address these issues . . . [i]t is the intent of the city that all people have an equal opportunity to participate fully in the life of the city and that discriminatory barriers to equal participation in employment . . . be removed. The city has a compelling interest in eradicating and preventing discrimination based on . . . familial status . . . and in ensuring equal opportunity in employment . . . . “ § 4.613. Public (city) and private Employer: All persons, wherever situated, who employ one or more employees within the city or who solicit individuals within the city to apply for employment within the city or elsewhere; the term includes the city itself, its boards, commissions and authorities.” § 4.615. Employee: “Every individual who works for wages, salary or commission or a combination thereof in the service of an employer, but does not include persons employed by parents, grandparents, brothers, sisters, spouse or child. In context, the term also includes those who are seeking or applying for employment.” § 4.615. It shall be an unlawful employment practice[] [f]or an employer to refuse to hire, employ or promote, to bar or discharge from employment, or to discriminate in compensation or in terms, conditions or privileges of employment[] [b]ecause of an individual's . . . familial status.” § 4.620 (1).
It shall be an unlawful practice for any person to penalize or discriminate in a manner prohibited by sections 4.613 to 4.640 or to engage in a reprisal or retaliation against an individual because that individual in good faith has opposed the use of a practice forbidden by sections 4.613 to 4.640 or has filed a complaint, testified, assisted or participated in an investigation, proceedings, or hearing.” § 4.640. “Discrimination is not an unlawful employment practice if such discrimination results from a bona fide occupational requirement reasonably necessary to the normal operation of the employer's business.” § 4.620(1)(a). Religious groups also exempt from religious discrimination, and there are some age exemptions. See § 4.620(3). Also an exemption where compliance conflicts with exercise of religion. § 4.665. Oregon Bureau of Labor and Industries, Civil Rights Division (by contract with the City), or designated City staff. Not defined in Eugene Code, but may depend on state code. O.R.S. § 659A.870 appears to allow civil actions regardless of whether a complaint has been filed with the BOLI, but also directs the BOLI to dismiss any complaints upon initiation of a lawsuit. Consult state code for further details. Yes. “Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of sections 4.620 to 4.640 of this code shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate.” § 4.645(4). “Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of sections 4.620 to 4.640 of this code shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate.” § 4.645(4).
Oregon Hillsboro, Or. Code §§ 9.34.010-.040 (LexisNexis 2007). “Familial status” Not defined in this section. “It is the policy of the city of Hillsboro to eliminate discrimination based on . . . familial status.” § 9.34.005. “It is the intent of the council to supplement the state protections against discrimination.” § 9.34.005. “This chapter shall be broadly construed, consistent with its remedial purpose.” § 9.34.040. Public (city) and private. The code defines “employer" as “any person, wherever situated, who employs one or more employees within the city, or who solicits individuals within the city to apply for employment, whether privately or by general advertisement.” § 9.34.005. “[I]t is unlawful to discriminate in employment on the basis of an individual's . . . familial status . . . by committing against any such individual any of the acts already made unlawful under ORS 659A.030 . . . when committed against the categories of persons listed therein.” § 9.34.015(B); ORS § 659A.030 (prohibiting employment discrimination against persons on the basis of race, religion, color, sex, national origin, marital status, age, or disability). No provision in Chapter 9.34 No provision in Chapter 9.34. The city manager is granted authority to adopt rules to implement enforcement and administration of the code. § 9.34.035(A). Probably No. A person may file a complaint with the commissioner under procedures provided by state law. § 9.34.035(B (emphasis added). The “interplay between administrative proceedings and private rights of action" are governed by state law. § 9.34.030(E) (referencing ORS § 659A.870-.890). Yes. “Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this chapter shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate. § 9.34.035(E). “The court may grant such relief as it deems appropriate, including but not limited to, such relief as is provided in ORS 659A.885.” § 9.34.035(E). “The [Oregon] commissioner [of the bureau of labor and industries] shall have the same enforcement powers undr this chapter, and if the complaint is found to be justified, the complainant shall be entitled to the same remedies under ORS 659A.800 et seq., as in the case of any other complaint filed under ORS 659A.820.” § 9.34.035(C).
Oregon Multnomah, Or. Code §§ 9.010 - .260 (2009) “Familial status” Familial status “has the meaning as provided in ORS 659.010(9).” § 9.010. The Oregon Revised Statutes section governing unlawful discrimination in labor and employment defines familial status.” as the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with: (A) A parent or another person having legal custody of the individual; or (B) The designee of the parent or other person having such custody, with the written permission of the parent or other person. “This chapter defines county employees in classified service, sets forth the rights and privileges of those employees and those persons desirous of being considered for classified service, and states county obligations for a merit system of classified service.” § 9.020(A). Public (county). See § 9.020 (stating the policy and purpose of the county merit system). See § 9.010 (providing definitions classified employees under the county merit system of employment). “Discrimination is prohibited in any employment action on the basis of . . . familial status . . . except when it constitutes bona fide occupational qualification.” § 9.060(A). Not expressly prohibited under Chapter 9. But see 9.240(A) (prohibiting actions to "defeat, deceive or obstruct any person about their rights under this chapter”). Section 9.060(A) permits a discriminatory act that constitutes a bona fide occupational qualification. County of Multnomah, Oregon. Chapter 9 does not provide a complaint procedure in the ordinance but authorizes discipline of classified employees. See § 9.250 (stating that "[c]lassified employees are subject to good faith disciplinary action for cause by suspension, written reprimand, demotion, and reduction in pay or dis-missal. Such action may take effect only after the Director gives written notice of the action and its cause to the employee and the bargaining agent, if any. Written notice is not required when the disciplinary action is a written reprimand”). No. Not provided in chapter 9.
Oregon Portland, Or. Code § 23.01.050(B) (2009). “Familial status” The Portland City Code leaves the definition of “familial status“ to state law specifying that “[a]ll other terms used in this ordinance are to be defined as in Oregon Revised Statutes Chapter 659.” Section 659A.001 of the Oregon Revised Statutes, governing unlawful discrimination in labor and employment, defines “familial status“ as the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with: (A) A parent or another person having legal custody of the individual; or (B) The designee of the parent or other person having such custody, with the written permission of the parent or other person.” “It is the policy of the City of Portland to eliminate discrimination based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income. Such discrimination poses a threat to the health, safety and general welfare of the citizens of Portland and menaces the institutions and foundation of our community.” Portland, Or. Code § 23.01.010. Public (city) and private. See ORS § 659A.001 (defining “employer" as any person in the state who uses one or more employees and reserves control of the means of performing the service). “'Employer' means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.” ORS § 659A.001. §'Employee' does not include any individual employed by the individual’s parents, spouse or child or in the domestic service of any person.” ORS § 659A.001. “In addition, it shall be unlawful to discriminate in employment on the basis of an individual's . . . familial status, by committing against any such individual any of the acts already made unlawful under ORS 659.030 when committed against the categories of persons listed therein.” § 23.01.050(B). Oregon state law makes it an unlawful employment practice “[f]or any person to discharge, expel or otherwise discriminate against any other person because that other person has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under this chapter or has attempted to do so.” ORS § 659A.030. Section 659A.030 (1)(a) of the Oregon Revised Statutes provides an exception for bona fide occupational requirement. Oregon Bureau of Labor and Industries, Civil Rights Division. No. “A person is not required to file a complaint of a violation of state law with the division before filing a civil suit.” Bureau of Labor and Industries Reg. § 839-003-0020(1). Plaintiff may also file a civil suit on the “same matters as those alleged in the complaint" after the administrative complaint has been filed. § 839-003-0020(2). However, state law generally bars filing an administrative complaint on the same matters after a civil suit has been filed. ORS § 659.870(1). Yes. “A person alleging unlawful discrimination under state law may file a civil suit as provided in ORS 659.870 to 659.885, or 30.680.” Bureau of Labor and Industries Reg. § 839-003-0020. Administrative regulations issued by the Bureau of Labor and Industries set forth remedies including (a) Employment or reemployment; (b) Wages or other benefits lost due to the practice; (c) Out-of-pocket expenses attributable to the practice; (d) Compensation for emotional distress and impaired personal dignity; and (e) Interest. Bureau of Labor and Industries Reg. § 839-003-0090(1). The regulations further guarantee that “[c]onsideration of all acts alleged to comprise a hostile work environment in a complaint, including alleged acts occurring outside the one year statute of limitations for filing a complaint, is permissible for the purposes of assessing liability, so long as any act contributing to that hostile work environment takes place within the statutory period.” § 839-003-0090(2).
Oregon Salem, Or. Code Ch. 97 (2009) “Familial status” Not defined in Ch. 97, but Salem code references ORS. ORS 659A.001 defines familial status as “the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with: (A) A parent or another person having legal custody of the individual; or (B) The designee of the parent or other person having such custody, with the written permission of the parent or other person . . . §Familial status“ includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age.” “It is the policy of the City of Salem to eliminate discrimination based on . . . familial status . . . [t]he City Council finds that such discrimination poses a threat to the health, safety and general welfare of the citizens of Salem and menaces the institutions and foundation of our community.” § 97.005. Public (city) and Private “Employer" means any person, wherever situated, who employs one or more employees within the city, or who solicits individuals within the city to apply for employment, whether privately or by general advertisement.” § 97.010(d). “For any employer to discriminate on the basis of an individual’s race, religion, color, sex, national origin, marital status, age, disability, sexual orientation, gender identity, source of income, domestic partnership or familial status, by committing against any such individual any of the acts made unlawful under ORS 659A.006(2), 659A.030, 659A.100 to
659A.139, 659A.142(1) or 659A.142(2).” § 97.020(a).
“It shall be unlawful for any person to in any manner discriminate against, penalize, or harass as defined by ORS 166.065, any person who has been a witness for, filed a complaint with, or otherwise participated in any matter before the commission concerning an alleged violation of the provisions of this chapter.” § 97.910(a). Also prohibits various forms of physical and verbal intimidation. See § 97.080. Dress code exemption. § 98.075 (c)(2). Salem Human Rights and Relations Advisory Commission None defined in Ch.97. Also: “It shall not be a defense to prosecution for violation of this section that the matter before the commission has not yet proceeded to final determination before the commission, or that the matter has been dismissed by the commission, or that a criminal or infraction complaint has been dismissed or the defendant or respondent found not guilty or not responsible by any court having jurisdiction thereof.” § 97.910(b). Yes. “Any person who claims to be aggrieved by an unlawful discriminatory act listed below shall have a cause of action in any court of competent jurisdiction: (A) An unlawful employment practice based on ...familial status.” § 97.900(e). Injunctive, other equitable, compensatory, punitive, party costs, attorney fees, reinstatement w/back pay. § 97.900(e) (2).
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Pennsylvania Harrisburg, Pa. Code §§ 4-101 to - 115 (2008). “Familial status” “'Familial status' means one (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with a parent or another person having legal custody of such individual or individuals[,] or the designee of such parent or other person having such custody, with the written permission of such parent or other person.” § 4-101.6(o). “[I]t shall be the public policy of the City to prohibit discrimination because of . . . familial status . . . or association with or advocacy on behalf of any group protected by this Code in areas relating to employment . . .” § 4-101.2(b). Public (city) and private (with exceptions). “This Code applies to discriminatory practices including but not limited to discrimination in employment . . . which occur within the territorial limits of the City and to employment contracted for, performed or to be performed within these limits, or by those contracting with the City, and also applies to any county or governmental subdivision in Dauphin, Cumberland and Perry Counties, which by majority vote of the proper body adopts this chapter or elects to be covered by its terms.” § 4-101.4 “'Employer' includes the City or any board, department, commission, authority, or school district thereof, or any person or any entity or organization employing four or more persons within the City. Contractors, subcontractors and independent contractors performing services within the City are also inluded under this definition. Any religious, fraternal, charitable, or sectarian corporation or association employing four or more persons and supported in whole or in part by government appropriations shall also be included under this definition. 'Employer' does not include parents, spouse or children or any number of them. 'Employer' does not include religious, fraternal, charitable, or sectarian corporations or associations not supported by government appropriations. 'Employment' does not include the employment of individuals in domestic services.” § 4-106(m). It is be an unlawful employment practice “for any employer to refuse to hire any person or otherwise to discriminate against any person with respect to hiring, tenure, compensation, promotion, or discharge or any terms, conditions or privileges directly or indirectly related to employment, because of . . . familial status. § 4-105.1(1). “'Discriminate' or 'Discrimination' means any act or omission, whether actually performed, attempted, or intended, which has been declared to be unlawful under this Code, or any actual, attempted or intended difference in treatment based on . . . familial status . . . unless otherwise specifically provided, or any individual's association with or advocacy on behalf of any of the groups protected under this Code. The word 'discriminate' or 'discrimination' also includes any acts, activities or any act or omission intended or attempting to segregate any of the groups protected under this Code.” § 4-101.6(k). It is an unlawful employment practice “for any employer . . . to penalize or discriminate or in any way retaliate against any person because he or she has opposed any practice forbidden by this Code or because he or she has made a complaint or testified or assisted in any manner in any investigation or proceeding under this Code.” § 4-105.1(8). “It shall be unlawful for any person, whether or not within the named classifications set forth in this Code . . . to direct other retaliation against any person because such person has sought to or is seeking to comply or attempting to comply with this Code, or because such person has sought or is seeking to enforce the rights granted under this Code.” § 4-105.7. Section 4-105.1 provides exceptions for bona fide occupational qualification or applicable security regulations by the federal or state governments. One year SOL. § 97.900 (e)(2)(A). The Harrisburg Human Relations Commission. Uncertain. See § 4-109.6 (providing that a plaintiff may invoke the complaint procedures and pursue an action in court based on rights in the code). Yes. “If a complainant invokes the procedures set forth in Chapter 4-107, the individual's right of action in the courts of the Commonwealth shall not be foreclosed. The complainant shall be able to bring the action in the Courts of Common Pleas of the Commonwealth not less than one (1) year after occurrence or termination of the alleged unlawful practice based on the rights granted in this Code.” § 4-109.6 The commission may seek injunctive relief through the courts. § 4-109.5. An order may grant any legal or equitable remedy under common law, federal, or state law regulating actual damages or other civil remedies. § 4-107.7
Pennsylvania Lancaster, Pa. Code §§ 125-1 to -18 (2008). “Familial status” Familial status“ means “[o]ne or more individuals who have not attained the age of 18 years domiciled with [a] parent or another person having legal custody of such individual; or [t]he designee of such person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” § 125-4 “It is hereby declared to be the policy of the City to promote the right and opportunity of all persons to participate in the social, cultural, recreational and economic life of the City and to assure equal opportunity for all persons concerning employment . . . without regard to . . . familial status.” § 125-1(B). Public (city) and private. “Employer [i]ncludes the City or any board, department, commission, authority thereof, any person employing four or more persons within the City and any religious, fraternal, charitable or sectarian corporation or association employing four or more persons and supported in whole or in part by governmental appropriations. Employer does not include parents, spouse or children or religious, fraternal, charitable or sectarian corporations or associations not supported by governmental appropriations.” § 125-4. “It shall be an unlawful discriminatory employment practice, unless based upon a bona fide occupational qualification . . . [f]or any employer to refuse to hire any person or otherwise to discriminate (as defined in § 125-4) against any person with respect to hiring, tenure, compensation, promotion, discharge or other terms, conditions or privileges directly or indirectly related to employment if the individual is the best able and most competent to perform the services required.” § 125.8(A). “Discriminate and Discrimination [i]ncludes any difference in treatment based on . . . familial status . . . . The terms include 'segregate' and 'segregation.'" § 125-4. “It shall be an unlawful discriminatory employment practice . . . [f]or any employer . . . to penalize or discriminate against any person because that person has opposed any practice forbidden by this section or because he has made a complaint or testified or assisted in any manner in any investigation or proceeding under the chapter.” § 125-8(G). The discrimination provisions do not apply to termination of employment because of or by operation of a bona fide retirement plan or pension plan or employee insurance plan. § 125-8(A)(1). The Lancaster City Human Relations Commission (HRC). See § 125-5(A). Yes. Any aggrieved person may file a written complaint with the HRC to initiate the investigation and conciliation process. § 125-14(A), (B), (D). If a public hearing takes place and results in a finding of an unlawful practice, the HRC may order an appropriate remedy. § 125-1(G). A complaining party obtains enforcement of an HRC order through the courts. § 125-16. No. The HRC may order hiring, reinstatement, upgrading, and back pay but not punitive damages. § 125-14(G). Willful resistence to the HRC or violation of its order results in a mandatory fine and/or imprisonment. § 125-18.
Pennsylvania Lansdowne, Pa. Code §§ 38-1 to -5 (2008). “Familial status” Not defined in the Borough of Lansdowne code. None expressed in chapter 38, §§ 38-1 to -5. Public (borough) and private. Employer means “[a]ny person who employs one or more employees (exclusive of parents, spouse or children employed solely for domestic noncommercial purposes), including the Borough, its departments, boards and commissions, but excluding any fraternal sectarian, charitable or educational group which is operated, supervised or controlled by or in connection with a religious organization or religious group or any individuals who a part of their employment reside in the home of their employer.” § 38-1. “Discrimination" means “[d]iscriminatory acts taken by any person, including but not limited to Employers, on the basis of . . . familial status.” § 38-1. “Discriminatory Acts [i]ncludes any difference in treatment in hiring, referring for hire, promoting, training, in membership . . . or with respect to compensation, hire, tenure, terms conditions or privileges of employment . . . and/or any other acts defined as 'unlawful discriminatory practices' by the Pennsylvania Human Relations Act.” § 38-1. Unlawful practices includes “[d]iscrimination on the basis of . . . familial status.” § 38-3. “Discriminatory acts in response to the making of a charge, testifying or assisting in any manner any investigation, proceeding or hearing under this chapter are prohibited.” § 38-3(B). None expressly provided in Chapter 38. Borough of Lansdowne Human Relations Commission (HRC). § 38-2. Yes, if the familial status discrimination cause of action is not recognized under another source of law. Any aggrieved individual may make a written complaint to the HRC. § 38-4(A). If conciliation fails to eliminate the unlawful practice, the HRC may hold a public hearing. § 38-4(G). The HRC may order any appropriate remedy under Pennsylvania law. § 38-4(H). No. But, chapter 38 does not limit the ability of the aggrieved party to recover damages under other applicable law. § 38-5. “The Commission shall have the authoriy to order any remedies available to the Pennsylvania Human Relations Commission under the Pennsylvania Human Relations Act.” §38-4(H).
Pennsylvania State College, Pa. Ordinance 1887 (Dec. 17, 2007). “Familial status” “'Familial Status' means the state of being married, single, divorced, separated, widowed, or a parent, a person who is pregnant or in the process of securing legal custody of any Person, of any Person who has not attained the age of 18 years, stepparent, foster parent, or grandparent of a minor child, or the state of being a provider of care to a person or persons in a dependent relationship as defined by state law, whether in the past, present, potentially in the future, or pursuant to employer perception.” § 903.
“It is hereby declared to be the public policy of the Borough to foster the employment of all persons in accordance with their fullest capacities regardless of actual or perceived . . . familial status . . . and to safeguard their right to obtain and hold employment without such discrimination, to assure equal opportunities to all individuals and to safeguard their rights.” § 902B. Public (borough) and private. “'Employer' includes any political subdivision or board, department, commission or school district thereof and any person employing four (4) or more persons within the Borough, but excluding any fraternal, sectarian, charitable or educational group which is operated, supervised or controlled by or in connection with a religious organization or religious group, or religious group or any Person who as part of their employment reside in the home of their employer.” § 903. “'Employee' does not include any persons who, as a part of their employment, reside in the personal residence of the employer.” § 903. “'Person' means any natural person, fraternal, civic or other membership organization, corporation, general or limited partnership, proprietorship, limited liability company, or similar business organization, including the Borough, its departments, boards and commissions, and other for profit and non-profit organizations.” § 903.
“Discrimination in employment is prohibited under this Ordinance.” § 903.
“Retaliation against any person because such person has opposed any practice forbidden by this Ordinance, or because such person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing under this Ordinance is prohibited under this Ordinance.” § 904. The Anti-Discrimination Ordinance does not provide exceptions direcly applicable to familial status discrimination. But see § 905 (providing an exception for private religious organizations to refuse to hire a person based on religion). Borough of State College Human Relations Commission. See § 906. Yes. See § 908B ("The right of action created by this Ordinance may be brought: 1) upon receipt by the aggrieved Person(s) of notice that the Commission has dismissed the complaint; or 2) if no such notice is received, after one (1) year from the date of the filing of the complaint. If the Person aggrieved has received notice that the Commission has dismissed the complaint, an action under this Ordinance must be brought by the aggrieved Person within one (1) year from the date of receipt of said notice or it will be barred. Equitable principles such as waiver, estoppel and equitable tolling shall apply to the time limitations for the filing of any complaint or otherpleading under this Ordinance.").
Yes. Section 908A states that “[a]ny Person(s) aggrieved by a violation of this Ordinance shall have a right of action in the Centre Court of Common Pleas or any other court of competent jurisdiction."
“Any Person(s) aggrieved by a violation of this Ordinance . . . may recover for each violation the following remedies: 1) Back pay, front pay and other actual damages; 2) Emotional distress damages; 3) Exemplary damages; 4) Reasonable attorney’s fees and court costs; and 5) Such other relief, including injunctive relief, as the court may deem appropriate.” § 908A
Pennsylvania West Chester, Pa. Code § 37A-1 to -7 (2008). “Familial status” Not defined in the Borough of West Chester code. “It is hereby declared to be the public policy of the Borough to foster the employment of all individuals in accordance with their fullest capacities regardless of actual or perceived . . . familial status . . . and to safeguard their right to obtain and hold employment without such discrimination.” § 37A-1(B). Public (borough) and private. “Employer [d]oes not include individuals who, as a part of their employment, reside in the personal residence of the employer.” § 37A-2. “Employee [d]oes not include any individuals who, as a part of their employment, reside in the personal residence of the employer.” § 37A-2. “Discrimination in . . . employment . . . is prohibited under this chapter.” § 37A-3(A). “Discrimination" means “[a]ny discriminatory acts(s) taken by any person, employer . . . on the basis of actual or perceived . . . familial status.” § 37A-2. “Discriminatory acts" include “[a]ll acts defined in the Pennsylvania Human Relations Act a 'unlawful discriminatory practices.' § 37A-2. “Retaliation against any individual because such individual has opposed any practice forbidden by this chapter, or because such individual has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing under this chapter is prohibited under this chapter.” § 37A-3(B). Religious organizations may refuse to hire or employ an individual on the basis of religion. § 37A-4. The West Chester Human Relations Commission. § 37A-5. Yes. “The [private] right of action created by this chapter may be brought upon receipt by the aggrieved person(s) of notice that the Commission has dismissed the complaint or if no such notice is received, after on year from the date of the filing of the complaint.” § 37A-7(B). Yes. “Any person(s) aggrieved by a violation of this chapter shall have a right of action in the Chester Court of Common Pleas or any other court of competent jurisdiction.” § 37A-7(A). A prevailing complaining party may recover back pay, front pay and other actual damages, emotional distress, exemplary damages, reasonable attorney's fees, court costs, and other relief including injunctions. § 37A-7(1)-(5).
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies
Texas Chico, Tex. Code §§ 31.40-.41 (2008). “Familial status” Not defined in Chapter 31, §§ 31.01-.127. The City of Chico adopts and incorporates by reference the Local Government Code of Texas. Section 301 of the Texas Fair Housing Act defines familial status discrimination for purposes of housing as “[a] discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is pregnant; domiciled with an individual younger than 18 years of age in regard to whom the person is the parent or legal custodian; or has the written permission of the parent or legal custodian for domicile with that person; or in the process of obtaining legal custody of an individual younger than 18 years of age. Tex. Loc. Gov't Code Ann. § 301.004 (Vernon 2008).
“It is the policy of the city or any employee or officer of the city not to discriminate on the basis of . . . familial status in employment.” § 31.40. Public (city). The ordinance is applicable to the city and its employees and officers. See § 31.40. “Discrimination against any person in the recruitment, examination, appointment, training, promotion, discipline, or any other aspect of personnel administration . . . shall be prohibited unless such discrimination constitutes a bona fide occupational qualification.” § 31.40. Not expressly prohibited by Chapter 31. Section § 31.40 provides an exception to the prohibition on discrimination for a bona fide occupational qualification. None specified in Chapter 31. No relevant procedure provided in Chapter 31. No. None expressly provided by Chapter 31.
Washington Tacoma, Wash. Code §§ 1.29.010-.090 (2008). “Familial status” “'Familial status' means one or more individuals (who have not attained the age of 18 years) being domiciled with [a] parent or another person having legal custody of such individual or individuals; or [t]he designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” § 1.29.040 “In response to the problem of unlawful discrimination, the City Council of the City of Tacoma hereby finds that unlawful discrimination on the basis of . . . familial status . . . is inimical to the public welfare and good order of the City of Tacoma. The City Council accordingly finds it necessary, in the exercise of its police powers for the protection of the public health, safety, and welfare, to prohibit such discrimination and to initiate action for the remedy and prevention of unlawful discriminatory acts.” § 1.29.010. Public (municipal) and private. “'Employer' shall have the same meaning as set forth in the current Revised Code of Washington Section 49.60.040(3) and as hereafter amended.” § 1.29.040. ("'[e]mployer' includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit"). Rev. Code Wash. (ARCW) § 49.60.040 (2008). “'Employee' shall mean any person acting in the employ of an employer as herein defined, but such term shall not include any individual employed by his or her parent, spouse, or child.” § 1.29.040. “It is an unlawful discriminatory practice for any employer to [f]ail or refuse to hire or to discharge an individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of . . . familial status.” § 1.29.050(A)(1). “Limit, segregate, or classify employees in any way
which would deprive or tend to deprive an individual of employment opportunities, or otherwise adversely affect that individual's status as an employee because of . . .
familial status.” § 1.29.050(A)(2). “Require of any applicant for employment any information concerning . . . familial status, or the presence of any sensory, mental, or physical
disability unless based upon a bona fide occupational qualification.” § 1.29.050(A)(4).
“It is an unlawful practice for any employer, employment agency, labor union, property owner, or financial institution to discharge, expel, penalize, or otherwise discriminate against any person because that person has opposed any practice forbidden by this chapter, whether or not such practice in fact exists, or because that person has filed a charge, testified, or assisted in any proceeding under this chapter.” § 1.29.060(I). None expressly provided by chapter 1.29. The City of Tacoma Human Rights and Human Services Department. See § 1.29.030. [2] Yes. See § 1.29.150 (setting forth complaint procedures). No. But see § 1.29.160 (providing “[a]ny charging party on whose behalf the reasonable cause finding was made, a respondent, or an aggrieved person may, with respect to unlawful discriminatory housing practices pursuant to Sections 1.29.100 through 1.29.150 hereof, elect to have the claims on which reasonable cause was found decided in a civil action in Pierce County Superior Court in lieu of an administrative hearing under Section 1.29.150”). Chapter 1.29 provides remedies for employment violations including orders to cease and desist the unlawful practice, hire, reinstate, upgrade, pay back pay, damages, injunctive relief, and civil penalties for violators. § 1.29.150.
Wisconsin Milwaukee, Wis. Code §§ 109-1 to -25 (2007). “Familial status” Familial status“ is defined as “one or more individuals, who have not attained the age of 18 years, being domiciled with a parent or another person having legal custody of such individuals; or the designee of the parent or other person having such custody, with the written permission of the parent or other person.” § 109(3)(9). “The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” § 109(3)(9). It is the policy of the City of Milwaukee “to foster and enforce to the fullest extent the protection by law to equal opportunity in . . . gainful employment without regard to . . . familial status, or an individual's affiliation with, or perceived affiliation with any . . . protected categor[y], and workplace free from discrimination.” § 109.1. Public (city) and private. Chapter 109 uses a unique spelling for employee, “employe.” See § 109.3(6). “'Employe' does not include any individual employed by the person's parents, spouse or child, or any individual employed by the state or federal government.” § 109.3(6). The chapter defines “employer" as “any person engaging in any activity, enterprise or business employing one or more individuals but shall not include a social club or fraternal society . . . with respect to a particular job for which the club or society seeks to employ or employs a member, if the particular job is advertised only within the membership.” § 109.3(7). “No person may engage in any act of discrimination with respect to employment against any individual on the basis of . . . familial status, or based upon affiliation with, or perceived affiliation with any . . . protected categor[y].” § 109.9. “No person individually, or in concert with others, may fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment in violation of this section.” § 109.9(1). “No person individually or in concert with others may limit, segregate or classify employes [term of art] or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employe in violation of this section. § 109.9(2). “No person, whether individually or in concert with others, may take any retaliatory action against or otherwise discriminate against any person who has opposed any discriminatory practices proscribed by this chapter or who has made a complaint, testified or assisted in any proceeding under this chapter.” § 109.13(3). “[I]t shall not be an unlawful employment practice for an employer . . . to indicate within a notice or advertisement for employes, a preference, limitation, specification or discrimination based on . . . familial status . . . or to employ . . . any individual on the basis of . . . familial status where such is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.” § 109.11(2). The ordinance also provides exemptions for bona fide seniority systems. § 109.11(3). City of Milwaukee Equal Rights Commission. § 109.15. Yes. Section 109.17 sets forth a complete complaint procedure. Section 109.21 provides for administrative review and procedures for seeking judicial review. Judgments of the commission may be refered to the city attorney, who seeks enforcement in court. § 109.25. No. For willful violations, a person must “forfeit" as much as $5,000 for a first violation. § 109.23(1). For successive violations within five years of the first, a violator may forfeit as much as $10,000. § 109.23(2). Each day a person willfully violates the chapter is a separate offense. § 109.23(3). Commission judgments may be referred to the court for enforcement. See § 109.25.
Wisconsin Racine, Wis. Code §§ 62-26 to -48 (2007). Familial status Familial status means one or more individuals, who have not attained the age of 18 years, being domiciled with [a] parent or another person having legal custody of such individual or individuals; or [t]he designee of such parent or other persons having such custody, with the written permission of such persons. The protections afforded against discrimination on the basis of familial status shall also apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. “ § 62-26 . “It is hereby declared to be the public policy of the city to assure equal opportunities to all citizens of the city, regardless of . . . familial status . . . and to that end to prohibit discrimination based on these factors.” § 62-27(a). Public (city) and private. “Employer means and includes every person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district and other public or quasipublic corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.” § 62-26 . “It shall be a prohibited discriminatory practice for any person . . . [t]o hire or promote, discharge or make any other personnel transaction when such practice is based on consideration of the . . . familial status . . . of the person refused.” § 62-37(8). “Discriminate, discrimination and discriminating . . . refer to any type of act or refusal to act prohibited by the article, which is based to any degree on a consideration by the actor of the . . . familial status . . . of any other person.” § 62-26 . Not expressly prohibited in Article II, §§ 62-26 to -48. None expressly provided in Article II. Racine, Wisconsin human rights commission. § 62-30 to -36. Yes. § 62-41 ("[a]ny complaint charging a violation of any provision of this article shall be in writing and shall be verified by the complainant"). C.f. § 62-43(5) (for complaints against the city “[a] complainant may at any time pursue any other available legal or equitable remedies"). No. None expressly provided in Article II.
State Ordinance (citation) Protection on the Basis of Key Term Defined Policy or Purpose Public and/or Private Definitions of Employer/Employee Unlawful Employment Practices and Discrimination Retaliation Prohibited Limitations, Exceptions, Exemptions, and Defenses Administrative Agency Administrative Exhaustion? Private Right of Action? Penalties and Remedies