§ 9.44.020. Unlawful practices.

A.

In General. It is unlawful for any person to do anything which has the effect of discriminating against any person as a result of that person's sexual orientation or gender identity or expression, with respect to any of the following activities:

1.

Employment. Any aspect of employment, opportunities for employment, or union membership;

2.

Real Estate. Any real estate transaction;

3.

Business Establishments. The availability of goods, facilities or services from any business establishment;

4.

City Services and Facilities. The use or availability of any municipal service or facility;

5.

City Supported Services and Facilities. The use or availability of any service or facility wholly or partially funded or otherwise supported by the city.

B.

Exceptions.

1.

Employment.

a.

Bona fide Occupational Qualification.

1.

Bona fide Occupational Qualification. Nothing contained in subsection (A)(1) of this section shall be deemed to prohibit selection or rejection based upon a bona fide occupational qualification.

2.

Burden of Proof. In any action brought under Section 9.44.040 or 9.44.050 if a party asserts that an otherwise unlawful act of discrimination is justified as a bona fide occupational qualification, that party shall have the burden of proving: (1) that the discrimination is in fact a necessary result of a bona fide occupational qualification; and (2) that there exists no less discriminatory means of satisfying the occupational qualification.

b.

Seniority Systems. It shall not be unlawful discriminatory practice under subsection (A)(1) of this section for an employer to observe the conditions of a contractual seniority system provided such system is not a subterfuge to evade the purposes of this chapter; provided further that no such system shall provide an excuse for failure to hire any individual.

2.

Real Estate Transactions.

a.

Owner Occupied Dwellings. Nothing in subsection (A)(2) of this section shall be construed to apply to the rental or leasing of any housing unit in which the owner or lessor or any member of his or her family occupies one of the living units and it is necessary for the owner, lessor or family member to use either a bathroom facility or a kitchen facility in common with the prospective tenant.

b.

Effect on Other Laws. Nothing in subsection (A)(2) of this section shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

3.

City Supported Services and Facilities. Subsection (A)(5) of this section does not apply to facilities or services which only receive assistance from the city which is provided to the public generally.

C.

Notices.

1.

Requirements. Every employer with fifteen (15) or more employees, every labor organization with fifteen (15) or more members, and every employment agency shall post and keep posted in conspicuous place upon its premises where notices to employees, applicants for employment and members are customarily posted, the following notice:

Discrimination on the basis of sexual orientation and/or gender identity or expression is prohibited by law. Chapter 9.44 of the Oakland Municipal Code.

2.

Alternate Compliance. Notwithstanding the above, the provisions of this subsection may be complied with by adding the words "sexual orientation and/or gender identity or expression" to all notices required by federal or state law, and indicating on the notice that discrimination on the basis of sexual orientation is prohibited by Chapter 9.44 of the Oakland Municipal Code.

D.

Advertising. It is unlawful for any person to make, publish or disseminate any notice or statement which indicates that such person engages in or will engage in any practice prohibited by this chapter.

(Prior code § 3-20.02)

E.

It shall be an unlawful practice for any person to deny any individual access to the full and equal enjoyment of privileges, benefits, goods, services and facilities, including dressing and bathroom facilities, consistent with the person's gender identity.

(Ord. 12573 (part), 2004: prior code § 3-20.02)