Chapter 25.15
RICHLAND HUMAN RIGHTS ORDINANCE
Sections:
25.15.060 Filing complaints – Procedure and enforcement.
25.15.080 Complaints and records – Confidentiality.
25.15.090 Unfair housing practices defined.
25.15.100 Blockbusting forbidden.
25.15.110 Unfair public accommodation practice.
25.15.120 Extent of personal responsibility.
25.15.130 Unfair practices of employer.
25.15.140 Unfair practices of labor unions.
25.15.150 Unfair practices of employment agencies.
25.15.160 Unfair to discriminate against person opposing unfair practice.
25.15.010 Short title.
This chapter shall be known as the “Richland human rights ordinance.” [Ord. 782 § 1.03].
25.15.020 Purpose.
The purpose of this chapter is to promote equality and understanding among all citizens, to establish fair employment practices and fair housing practices in the city, and to eliminate and prevent discrimination in employment in credit and insurance transactions, in places of public resort, accommodation, or amusement, and in real property transactions because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. All references in this chapter relating to these classifications shall automatically reflect this amendment. [Ord. 38-84].
25.15.030 Definitions.
“Age” as used in this chapter has no application to any individual below the age of 18 years.
“Council” as used in this chapter means the Richland city council.
“Dwelling” includes any building containing one or more dwelling units.
“Dwelling unit” includes any suite of rooms for occupancy by one family containing space for living, sleeping and preparation of food, and containing toilet and bathing facilities.
“Employee” does not include any individual employed by his parent, spouse or child, or in the domestic service of any person.
“Employer” includes any person acting in the interest of any employer, directly, or indirectly, and does not include any religious or sectarian organization not organized for profit.
“Employment agency” includes any person undertaking with or without compensation to recruit, procure, refer or place employees for an employer.
“Housing accommodations” includes any dwelling, house, room, building, apartment, dwelling unit, rooming unit, boardinghouse or other structure, facility, lot or parcel of land in the city which is used or intended to be used for the accommodation of one or more human beings.
“Labor organization” includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment.
“Lender” includes banks, insurance companies, savings or building and loan associations, credit unions, trust companies, mortgage companies or other persons engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair or maintenance of a housing accommodation.
“National origin” includes ancestry.
“Owners” includes persons who own, lease, sublease, rent, operate, manage, have charge of, control of or have the right of ownership, possession, management, charge of or control of the housing accommodation, on their own behalf or on behalf of another.
“Person” includes one or more individuals, partnerships or other organizations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers.
“Person aggrieved” includes any person against whom any alleged unfair practice has been committed.
“Places of public accommodation, resort, assemblage or amusement” includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire or reward; or where charges are made for admission, service, occupancy or use; or any property or facilities, whether conducted for the entertainment, housing or lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest; or for the burial or other disposition of human remains; or for the sale of goods, merchandise, services or personal property; or for the rendering of personal services; or for public conveyance or transportation on land, water or in the air, including the stations and terminals thereof and the garaging of vehicles; or where food or beverages of any kind are sold for consumption on the premises; or where public amusement, entertainment, sports or recreation of any kind is offered with or without charge; or where medical service or care is made available; or where the public gathers, congregates or assembles for amusement, recreation or public purposes; or public halls, public elevators and public washrooms of buildings and structures occupied by two or more tenants or by the owner and one or more tenants; or any public library or educational institution or schools, of special instruction or nursery schools or day care centers, or children’s camps; provided, that nothing herein contained shall be construed to include or apply to any institute, bona fide club or place of accommodation which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything herein contained apply to any educational facility, columbarium, crematory, mausoleum or cemetery operated or maintained by a bona fide religious or sectarian institution.
“Prospective borrower” includes any person who seeks to borrow money to finance the acquisition, construction, repair or maintenance of a housing accommodation.
“Prospective occupant” includes any person who seeks to purchase, lease, rent or sublease a housing accommodation.
“Real estate agent, salesman or employee” includes any person employed by a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker.
“Real estate broker” includes any person who, for a fee, commission or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, rent or sublease of a housing accommodation of another, or holds himself out as engaged in the business of selling, purchasing, exchanging, listing, leasing, renting or subleasing of a housing accommodation of another or collects the rental for the use of a housing accommodation of another.
“Respondent” includes any person who is alleged to have committed an unfair practice.
“Unfair practice” means any act prohibited by this chapter. [Ord. 782 § 1.03; Ord. 61-77 § 1.01; Ord. 38-84; Ord. 4-89].
25.15.060 Filing complaints – Procedure and enforcement.
A. All complainants submitting informal charges of unfair practices, as defined in this chapter, shall file complaints with the city clerk within six months from the date of the alleged act of discrimination. Such complaints must be in writing and upon forms provided by the city clerk. Any person, within Richland, living within city limits, or employed by a business, agency or contractor within Richland city limits may file an informal complaint of discrimination with the city clerk. The complaint shall state the name and address of the person alleged to have committed the unfair practice, and the particulars thereof as required by the form provided by the city clerk. All informal complaints must be filed within six months after the alleged act of discrimination.
B. Upon receipt of a complaint made in compliance with subsection (A) of this section, the city clerk shall within two working days transmit it to the city attorney’s office for review. Upon receipt of the complaint and review by the city attorney, the charges will be forwarded by the city attorney to the appropriate state or federal agency. Further, the city attorney will request the city be identified as a third party so as to be kept informed of file activity. The city attorney will keep the city manager, mayor and complainant informed of the action taken. [Ord. 782; Ord. 61-77; Ord. 18-87; Ord. 4-89].
25.15.080 Complaints and records – Confidentiality.
All complaints and records relating to or connected therewith shall be private and confidential records. During such period, none of such records shall be examined except by the city attorney or the contents thereof divulged to any person or made public, except under the order of a competent court, as by law provided. [Ord. 782 § 1.03; Ord. 17-84; Ord. 18-87; Ord. 4-89].
25.15.090 Unfair housing practices defined.
A. No owner, lessee, managing agent or assignee shall, because of the race, color, creed, religion, national origin, age, sex or any sensory, mental or physical handicap of an occupant or prospective occupant, purchaser or prospective purchaser:
1. Refuse to sell, lease, rent or sublease a housing accommodation to a prospective occupant;
2. Expel or evict an occupant from a housing accommodation;
3. Discriminate against an occupant or prospective occupant in the price, terms, conditions or privileges of sale, lease, rent or sublease or occupancy of a housing accommodation or in the furnishing of any related facilities or service.
B. No real estate broker, agent, salesman or employee shall because of race, color, creed, religion, national origin, age, sex or any sensory, mental or physical handicap of an occupant or prospective occupant, purchaser or prospective purchaser:
1. Refuse or intentionally fail to list a housing accommodation for sale, lease, rent or sublease;
2. Refuse or intentionally fail to show to a prospective occupant the housing accommodation listed for sale, lease, rent or sublease;
3. Refuse or intentionally fail to transmit to an owner any reasonable offer to purchase, lease, rent or sublease a housing accommodation;
4. Otherwise discriminate against an occupant, purchaser or prospective purchaser of a housing accommodation.
C. No lender shall because of race, color, creed, religion, national origin, age or sex of a borrower or prospective borrower:
1. Deny to a prospective borrower a loan for the acquisition, construction, repair or maintenance of a housing accommodation;
2. Discriminate against a borrower or prospective borrower in the terms, conditions or privileges of such a loan.
D. No owner, real estate broker, agent, salesman, employee or lender shall:
1. Require any information, make or keep any record or use any form of application containing questions or entries concerning race, color, creed, religion, national origin, age or sex in connection with the sale, lease, rent or sublease of any housing accommodation, except as required by federal regulations;
2. Post, publish, circulate or cause to be posted, published or circulated any notice, statement or advertisement which relates to the sale, lease, rent or sublease, acquisition or financing of any housing accommodation which indicated directly or indirectly a preference, limitation, specification or discrimination, based on race, color, creed, religion, national origin, age or sex;
3. Discriminate against a person in any manner because he has complied or proposes to comply with the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this chapter. [Ord. 782 § 1.03; Ord. 18-87].
25.15.100 Blockbusting forbidden.
No person shall for the purpose of inducing a real estate transaction from which he, or anyone whom he represents, may benefit financially:
A. Represent that a change has occurred, or will or may occur, in the composition with respect to race, color, creed, religion, national origin, age or sex of the owners or occupants in the block, neighborhood or area in which the real property is located;
B. Represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior or a decline in the quality of schools in the block, neighborhood or area in which the real property is located. [Ord. 782 § 1.03].
25.15.110 Unfair public accommodation practice.
No person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement within the city shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privileges thereof and no person shall directly or indirectly publish, circulate, issue, display, post or mail or cause to be published, circulated, issued, displayed, posted or mailed within the city any written, painted or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of place of public accommodation, resort or amusement shall be refused, withheld from or denied to any person on account of race, color, creed, religion, national origin, age or sex or that the patronage or custom of any person belonging to or purporting to be of any particular race, color, creed, religion, national origin, age or sex is unwelcome, objectionable or not acceptable, desired or solicited. The production of any written, painted or printed communication, notice or advertisement, purporting to relate to any such place and to be made by any person being the owner, lessee, proprietor, superintendent, manager, agent or employee thereof, shall be presumptive evidence in any proceedings that the same was authorized and published by such person. [Ord. 782 § 1.03].
25.15.120 Extent of personal responsibility.
The provisions and requirements of this chapter shall bind and obligate every owner, lessee, operator, proprietor, manager, agent or employee, whether natural person, corporation or unincorporated association, engaged in or exercising control over the operation of any place of public accommodation, resort or amusement; provided, that whenever any agent or employee shall so exercise any function or employ any power with which he is charged or entrusted as to violate any provisions of this chapter, both he and his principal or employer shall be held equally responsible. [Ord. 782 § 1.03].
25.15.130 Unfair practices of employer.
It is an unfair practice for any employer:
A. To refuse to hire any person because of such person’s race, creed, color, religion, national origin, age or sex, unless based upon a bona fide occupational qualification;
B. To discharge or bar any person from employment because of such person’s race, creed, color, religion, national origin, age or sex;
C. To discriminate against any person in compensation, training, promotion or in other terms or conditions of employment because of such person’s race, creed, color, religion, ancestry, national origin, age, sex or any sensory, mental or physical handicap;
D. To print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, religion, national origin, age or sex or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, nothing contained herein shall prohibit advertising in a foreign language. [Ord. 782 § 1.03; Ord. 18-87].
25.15.140 Unfair practices of labor unions.
It is an unfair practice for any labor union or any labor organization:
A. To deny membership and full membership rights and privileges to any because of such person’s race, creed, color, religion, national origin, age or sex;
B. To expel from membership any person because of such person’s race, creed, color, religion, national origin, age, sex or any sensory, mental or physical handicap;
C. To discriminate against any member, employer or employee because of such person’s race, creed, color, religion, national origin, age, sex or any sensory, mental or physical handicap. [Ord. 782 § 1.03; Ord. 18-87].
25.15.150 Unfair practices of employment agencies.
It is an unfair practice for any employment agency to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against any individual because of his race, creed, color, religion, national origin, age, sex, or any sensory, mental or physical handicap or to print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, religion, national origin, age, sex or any sensory, mental or physical handicap or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification; provided, nothing contained herein shall prohibit advertising in a foreign language. [Ord. 782 § 1.03; Ord. 18-87].
25.15.160 Unfair to discriminate against person opposing unfair practice.
It is an unfair practice for any employer, employment agency, or labor union to discharge, expel, or otherwise discriminate against any person because he has filed a charge, testified or assisted in any proceedings under this chapter. [Ord. 782 § 1.03].
25.15.170 Severability.
If any section, subsection, subdivision, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. [Ord. 782 § 1.03; Ord. 18-87].