Chapter 26.04
GENERAL PROVISIONS

Sections:

26.04.010    Purpose.

26.04.020    Administration.

26.04.030    Antidiscrimination board.

26.04.040    No private right of action—No special rights.

26.04.050    Severability.

26.04.060    Definitions.

26.04.010 Purpose.

A.    Every individual in the city has the right to work and earn wages through gainful employment. Discriminatory employment practices are detrimental because they impede the social and economic progress of the city by preventing all of the city’s citizens from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the city’s neighborhoods and businesses. The Utah Antidiscrimination Act, Section 34A-5-101 et seq. of the Utah Code Annotated, addresses employment-related discrimination based on race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if forty years of age or older), and disability, but does not address discrimination based on sexual orientation or gender identity.

B.    Every individual in the city has the right to seek housing. Discriminatory housing practices are detrimental because they impede the social and economic progress of the city by preventing all of the city’s citizens from contributing to or fully participating in the cultural, spiritual, social and commercial life of the community, which is essential to the growth and vitality of the city’s neighborhoods and businesses.

C.    The Utah Fair Housing Act, Section 57-21-1 et seq. of the Utah Code Annotated, addresses housing-related discrimination based on race, color, religion, sex, national origin, familial status, source of income, and disability, but does not address discrimination based on sexual orientation or gender identity.

The city has found that discrimination in employment and housing on the bases of sexual orientation and gender identity must be addressed. The denial or deprivation of employment rights and access to housing because of an individual’s sexual orientation or gender identity is detrimental to the health, safety, and welfare of the city’s citizens and damages the city’s economic well-being. The purpose of this title is to provide a clear and comprehensive mandate for the prevention and elimination of discrimination in employment and housing in the city against individuals based upon sexual orientation or gender identity and this title shall be liberally construed to achieve that purpose. (Ord. 2011-02 § 2 (part))

26.04.020 Administration.

The city manager is responsible for administering and implementing this chapter. (Ord. 2011-02 § 2 (part))

26.04.030 Antidiscrimination board.

A.    The city manager is authorized to establish the antidiscrimination board and to appoint the three members of the board.

B.    The term of each board member shall be determined by the city manager.

C.    Any member of the board may be removed by the city manager at any time. The city manager shall select the chair of the board.

D.    The board may adopt rules of policy and procedure for the governing of meetings, its members, and the performance of its duties. (Ord. 2011-02 § 2 (part))

26.04.040 No private right of action—No special rights.

This title does not create a private cause of action, nor does it create any right or remedy that is the same or substantially equivalent to the remedies provided under federal or state law. This title does not create any special rights or privileges which would not be available to all of the city’s citizens because every person has a sexual orientation and a gender identity. (Ord. 2011-02 § 2 (part))

26.04.050 Severability.

If any section, sentence, paragraph, term, definition or provision of this title is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, definition or provision of this chapter, all of which will remain in full force and effect. (Ord. 2011-02 § 2 (part))

26.04.060 Definitions.

In this title:

A.    “Antidiscrimination board” or “board” means the board comprised of three persons appointed by the city manager and operating as set forth in this title.

B.    “City” means Midvale City, Utah.

C.    “City attorney” means the duly appointed Midvale City attorney and includes the city attorney’s designated subordinate attorneys.

D.    “City manager” means the duly appointed city manager of Midvale City and includes the city manager’s designated representatives.

E.    “Complainant” means a person, including the board or a member of the board, who files a complaint under this chapter.

F.    “Conciliation” means the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the complainant, the respondent, and the board.

G.    “Conciliation agreement” means a written agreement setting forth the resolution of issues by conciliation under this chapter.

H.    “Discrimination” means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person’s actual or perceived sexual orientation or gender identity or because of a person’s association with any such person. “Discrimination” shall not be interpreted to require or to grant or accord preferential treatment to any person because of that person’s sexual orientation or gender identity.

I.    “Dwelling” means any building or structure, or a portion of a building or structure, occupied as, or designed or intended for occupancy as, a residence of one or more families inside the city and vacant land that is offered for sale or lease for the construction or location of a dwelling inside the city.

J.    “Employee” means any individual applying with or employed by an employer. The term does not include an elected official.

K.    “Employer” means any person employing fifteen or more employees in the city for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and includes any agent of such a person.

L.    “Employment agency” means any person, and any agent of a person, undertaking to procure employees or opportunities to work for any other person in the city or holding itself out to be equipped to procure employee or opportunities to work for any other person in the city.

M.    “Gender identity” means a person’s actual or perceived gender identity, appearance, mannerisms, or other characteristics of an individual with or without regard to the person’s sex at birth.

N.    “Labor organization” means any organization that exists for the purpose in whole or in part of collective dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employment.

O.    “Otherwise qualified” means a person who possesses the following required by an employer for any particular job, job classification, or position:

1.    Education;

2.    Training;

3.    Ability;

4.    Moral character;

5.    Integrity;

6.    Disposition to work;

7.    Adherence to reasonable rules and regulations; and

8.    Other job-related qualifications required by an employer.

P.    “Person” means one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, receivers and the city.

Q.    “Real estate broker or salesperson” means a principal real estate broker, an associate real estate broker, or a real estate sales agent as those terms are defined in Section 61-2-2 of the Utah Code Annotated or any successor provision.

R.    “Religious organization” means a religious corporation, association, educational institution, society, trust or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole.

S.    “Rent” means to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.

T.    “Residential real estate related transaction” means the making or purchasing loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate; or selling, brokering, or appraising residential real property inside the city.

U.    “Respondent” means a person identified in a complaint as having committed an unlawful practice under this chapter.

V.    “Sexual orientation” means a person’s actual or perceived orientation as heterosexual, homosexual, or bisexual.

W.    “Unlawful practice” means a discriminatory act or practice relating to employment that is prohibited under this chapter. (Ord. 2011-02 § 2 (part))