[R.O. 2011 §9.08.260; Ord. No. 6457 §1(part), 2003]
A.
DISABILITY
1.
2.
3.
DISCRIMINATION
DWELLING
FAMILIAL STATUS
1.
2.
PERSON
RENT
SEXUAL ORIENTATION
Definitions. As used in this Section,
the following terms shall have these prescribed meanings:
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, being regarded
as having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with occupying the dwelling in question. For purposes of this Section,
the term "disability" does not include current, illegal
use of or addiction to a controlled substance as such term is defined
by Section 195.010, RSMo.; however a person may be considered to have
a disability if that person:
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
Any unfair treatment based on race, color, religion, national
origin, ancestry, sex, sexual orientation, disability or familial
status.
Any building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one (1)
or more families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such building,
structure or portion thereof.
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
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
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.
Includes one (1) or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, trustees, trustees
in bankruptcy, receivers, fiduciaries or other organized groups of
persons.
Includes to lease, to sublease, to let and otherwise to grant
for consideration the right to occupy premises not owned by the occupant.
A male or female heterosexuality, homosexuality or bisexuality
by inclination, practice, identity or expression, or having a self-image
or identity not traditionally associated with one's gender.
B.
It shall
be an unlawful housing practice:
1.
To refuse
to sell or rent after the making of a bona fide offer, to refuse to
negotiate for the sale or rental of, to deny or otherwise make unavailable
a dwelling to any person because of race, color, religion, national
origin, ancestry, sex, sexual orientation, disability or familial
status;
2.
To discriminate
against any person in the terms, conditions, or privilege of sale
or rental of a dwelling, or in the provision of services or facilities
in connection therewith, because of race, color, religion, national
origin, ancestry, sex, sexual orientation, disability or familial
status;
3.
To make,
print or publish or cause to be made, printed or published any notice,
statement or advertisement with respect to the sale or rental of a
dwelling that indicates any preference, limitation or discrimination
based on race, color, religion, national origin, ancestry, sex, sexual
orientation, disability or familial status, or an intention to make
any such preference, limitation or discrimination;
4.
To represent
to any person because of race, color, religion, national origin, ancestry,
sex, sexual orientation, disability or familial status that any dwelling
is not available for inspection, sale or rental when such dwelling
is in fact so available;
5.
To induce
or attempt to induce any person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, religion, national
origin, ancestry, sex, sexual orientation, disability or familial
status;
6.
To discriminate
in the sale or rental of, or to otherwise make unavailable or deny,
a dwelling to any buyer or renter because of a disability of:
7.
To discriminate
against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provision of services or facilities
in connection with such dwelling, because of a disability of:
C.
For purposes
of this Section, discrimination includes:
1.
A refusal
to permit, at the expense of the person with the disability, reasonable
modifications on existing premises occupied or to be occupied by such
person if such modifications may be necessary to afford such person
full enjoyment of the premises, except that in the case of a rental,
the landlord may, where it is reasonable to do so, condition permission
for a modification on the renter's agreeing to restore the interior
of the premises to the condition that existed before the modification,
reasonable wear and tear excepted;
2.
A refusal
to make reasonable accommodations in rules, policies, practices or
services, when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling; or
3.
In connection
with the design and construction of covered multi-family dwellings
for first (1st) occupancy after March 13, 1991, a failure to design
and construct those dwellings in such a manner that:
a.
The
public use and common use portions of such dwellings are readily accessible
to and usable by persons with a disability,
b.
All
the doors designed to allow passage into and within all premises within
such dwellings are sufficiently wide to allow passage by persons with
a disability in wheelchairs, and
c.
All
premises within such dwellings contain the following features of adaptive
design:
(1)
An accessible route into and through the dwelling,
(2)
Light switches, electrical outlets, thermostats and other environmental
controls in accessible locations,
(3)
Reinforcements in bathroom walls to allow later installation of grab
bars, and
(4)
Usable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space.
e.
Compliance
with the appropriate requirements of the American National Standard
for Buildings and Facilities providing accessibility and usability
for people with physical disabilities, commonly cited as "ANSI A117.1",
suffices to satisfy the requirements of paragraph (a) of this Subdivision.
D.
Nothing
in this Section requires that a dwelling be made available to an individual
whose tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
E.
Nothing
in this Section shall prohibit a religious organization, association
or society, or any non-profit institution or organization operated,
supervised or controlled by or in conjunction with a religious organization,
association or society, from limiting the sale, rental or occupancy
of dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving preference
to such persons, unless membership in such religion is restricted
on account of race, color or national origin. Nor shall anything in
this Section prohibit a private club not in fact open to the public,
which as an incident to its primary purpose or purposes provides lodging
which it owns or operates for other than a commercial purpose, from
limiting the rental or occupancy of such lodging to its members or
from giving preference to its members.
F.
Nothing in this Section, other than the prohibitions against discriminatory advertising in Subsection (B)(3) of this Section, shall apply to:
1.
The
sale or rental of any single-family house by a private owner, provided
the following conditions are met:
a.
The
private individual owner does not own or have any interest in more
than three (3) single-family houses at any one time; and
b.
The
house is sold or rented without the use of a real estate broker, agent
or salesperson or the facilities of any person in the business of
selling or renting dwellings and without publication, posting or mailing
of any advertisement. If the owner selling the house does not reside
in it at the time of sale or was not the most recent resident of the
house prior to such sale, the exemption in this Section applies to
only one (1) such sale in any twenty-four (24) month period; or
2.
Rooms
or units in dwellings containing living quarters occupied or intended
to be occupied by no more than four (4) families living independently
of each other, if the owner actually maintains and occupies one (1)
of such living quarters at his/her residence.
G.
It shall
be unlawful:
1.
To aid,
abet, incite, compel or coerce the commission of acts prohibited under
this Section or to attempt to do so;
2.
To retaliate
or discriminate in any manner against any other person because such
person has opposed any practice prohibited by this Section or because
such person has filed a complaint, testified, assisted or participated
in any manner in any investigation, proceeding or hearing conducted
pursuant to this Section; or
3.
To discriminate
in any manner against any other person because of such person's association
with any person protected by this Section.
[R.O. 2011 §9.08.270; Ord. No. 6457 §1(part), 2003]
A.
DISABILITY
1.
2.
3.
DISCRIMINATION
PERSON
PLACES OF PUBLIC ACCOMMODATION
1.
2.
3.
4.
5.
6.
SEXUAL ORIENTATION
Definitions. As used in this Section,
the following terms shall have these prescribed meanings:
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, being regarded
as having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with utilizing the place of public accommodation in question. For
purposes of this Section, the term "disability" does
not include current, illegal use of or addiction to a controlled substance
as such term is defined by Section 195.010, RSMo.; however a person
may be considered to have a disability if that person:
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
Any unfair treatment based on race, color, religion, national
origin, ancestry, sex, sexual orientation or disability.
Includes one (1) or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, trustees, trustees
in bankruptcy, receivers, fiduciaries or other organized groups of
persons.
All places or businesses offering or holding out to the general
public, goods, services, privileges, facilities, advantages or accommodations
for the peace, comfort, health, welfare and safety of the general
public or such public places providing food, shelter, recreation and
amusement, including, but not limited to:
Any inn, hotel, motel or other establishment which provides
lodging to transient guests, other than an establishment located within
a building which contains not more than five (5) rooms for rent or
hire and which is actually occupied by the proprietor of such establishment
as his/her residence;
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain
or other facility principally engaged in selling food for consumption
on the premises, including, but not limited to, any such facility
located on the premises of any retail establishment;
Any gasoline station, including all facilities located on the
premises of such gasoline station and made available to the patrons
thereof;
Any motion picture house, theater, concert hall, sports arena,
stadium or other place of exhibition or entertainment;
Any public facility owned, operated or managed by or on behalf
of this State or any agency or subdivision thereof, or any public
corporation; and any such facility supported in whole or in part by
public funds; and
Any establishment which is physically located within the premises
of any establishment otherwise covered by this Section or within the
premises of which is physically located any such covered establishment,
and which holds itself out as serving patrons of such covered establishment.
A male or female heterosexuality, homosexuality or bisexuality
by inclination, practice, identity or expression, or having a self-image
or identity not traditionally associated with one's gender.
B.
All persons
within the jurisdiction of the City are free and equal and shall be
entitled to the full and equal use and enjoyment within this City
of any place of public accommodation without discrimination or segregation
on the grounds of race, color, religion, national origin, sex, sexual
orientation, ancestry or disability.
C.
It is
an unlawful discriminatory practice for any person, directly or indirectly,
to refuse, withhold from or deny any other person, or to attempt to
refuse, withhold from or deny any other person, any of the accommodations,
advantages, facilities, services or privileges made available in any
place of public accommodation, or to segregate or discriminate against
any such person on the use thereof on the grounds of race, color,
religion, national origin, sex, sexual orientation, ancestry or disability.
D.
The provisions
of this Section shall not apply to a private club, a place of accommodation
owned by or operated on behalf of a religious corporation, association
or society, or other establishment which is not in fact open to the
public, unless the facilities of such establishments are made available
to the customers or patrons of a place of public accommodation.
E.
It shall
be unlawful:
1.
To aid,
abet, incite, compel or coerce the commission of acts prohibited under
this Section or to attempt to do so;
2.
To retaliate
or discriminate in any manner against any other person because such
person has opposed any practice prohibited by this Section or because
such person has filed a complaint, testified, assisted or participated
in any manner in any investigation, proceeding or hearing conducted
pursuant to this Section; or
3.
To discriminate
in any manner against any other person because of such person's association
with any person protected by this Section.
[R.O. 2011 §9.08.280; Ord. No. 6457 §1(part), 2003]
A.
AGE
DISABILITY
1.
2.
3.
DISCRIMINATION
EMPLOYER
EMPLOYMENT AGENCY
LABOR ORGANIZATION
PERSON
SEXUAL ORIENTATION
Definitions. As used in this Section,
the following terms shall have these prescribed meanings:
An age of forty (40) or more years but less than seventy
(70) years, except that it shall not be an unlawful employment practice
for an employer to require the compulsory retirement of any person
who has attained the age of sixty-five (65) and who, for the two (2)
year period immediately before retirement, is employed in a bona fide
executive or high policy-making position, if such person is entitled
to an immediate non-forfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan, or any combination
of such plans, of the employer, which equals, in the aggregate, at
least forty-four thousand dollars ($44,000.00).
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, being regarded
as having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with performing the job in question. For purposes of this Section,
the term "disability" does not include current, illegal
use of or addiction to a controlled substance as such term is defined
by Section 195.010, RSMo.; however a person may be considered to have
a disability if that person:
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
Any unfair treatment based on race, color, religion, national
origin, ancestry, sex, sexual orientation, disability or age.
Includes any person employing six (6) or more persons within
the State of Missouri, and any person directly acting in the interest
of an employer, but does not include corporations or associations
owned and operated by religious or sectarian groups.
Includes any person or agency, public or private, regularly
undertaking with or without compensation to procure employees for
an employer or to procure for employees opportunities to work for
an employer and includes any person acting in the interest of such
a person.
Includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment, or for other
mutual aid or protection in relation to employment.
Includes one (1) or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, trustees, trustees
in bankruptcy, receivers, fiduciaries or other organized groups of
persons.
A male or female heterosexuality, homosexuality or bisexuality
by inclination, practice, identity or expression, or having a self-image
or identity not traditionally associated with one's gender.
B.
It shall
be an unlawful employment practice:
1.
For
an employer, because of the race, color, religion, national origin,
sex, sexual orientation, ancestry, age or disability of any individual:
a.
To
fail or refuse to hire or to discharge any individual, or otherwise
discriminate against any individual with respect to his/her compensation,
terms, conditions or privileges of employment, because of such individual's
race, color, religion, national origin, sex, sexual orientation, ancestry,
age or disability, or
b.
To
limit, segregate or classify his/her employees or his/her employment
applicants in any way which would deprive or tend to deprive any individual
of employment opportunities or otherwise adversely affect his/her
status as an employee because of such individual's race, color, religion,
national origin, sex, sexual orientation, ancestry, age or disability;
2.
For
a labor organization to exclude or to expel from its membership any
individual or to discriminate in any way against any of its members
or against any employer or any individual employed by an employer
because of race, color, religion, national origin, sex, sexual orientation,
ancestry, age or disability of any individual; or to limit, segregate,
or classify or fail or refuse to refer for employment any individual,
in any way which would deprive or tend to deprive any individual of
employment opportunities, or would limit such employment opportunities
or otherwise adversely affect his/her status as an employee or as
an applicant for employment because of such individual's race, color,
religion, national origin, sex, sexual orientation, ancestry, age
or disability; or for any employer, labor organization, or joint labor-management
committee controlling apprenticeship or other training or retraining,
including on-the-job training programs, to discriminate against any
individual because of his/her race, color, religion, national origin,
sex, sexual orientation, ancestry, age or disability in admission
to, or employment in, any program established to provide apprenticeship
or other training; or
3.
For
any employer or employment agency 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 because
of race, color, religion, national origin, sex, sexual orientation,
ancestry, age or disability unless based on a bona fide occupational
qualification or for an employment agency to fail or refuse to refer
for employment, or otherwise to discriminate against, any individual
because of his/her race, color, religion, national origin, sex, sexual
orientation, ancestry, age as it relates to employment, or disability,
or to classify or refer for employment any individual on the basis
of his/her race, color, religion, national origin, sex, sexual orientation,
ancestry, age or disability.
C.
Notwithstanding
any other provision of this Section, it shall not be an unlawful employment
practice for an employer to apply different standards of compensation,
or different terms, conditions or privileges of employment pursuant
to a bona fide seniority or merit system, or a system which measures
earnings by quantity or quality of production or to employees who
work in different locations, provided that such differences or such
systems are not the result of an intention or a design to discriminate,
and are not used to discriminate, because of race, color, religion,
sex, sexual orientation, national origin, ancestry, age or disability,
nor shall it be an unlawful employment practice for an employer to
give and to act upon the results of any professionally developed ability
test, provided that such test, its administration or action upon the
results thereof, is not designed, intended or used to discriminate
because of race, color, religion, national origin, sex, sexual orientation,
ancestry, age or disability.
D.
Nothing
contained in this Section shall be interpreted to require any employer,
employment agency, labor organization or joint labor-management committee
subject to this Section to grant preferential treatment to any individual
or to any group because of the race, color, religion, national origin,
sex, sexual orientation, ancestry, age or disability of such individual
or group on account of an imbalance which may exist with respect to
the total number or percentage of persons of any race, color, religion,
national origin, sex, sexual orientation, ancestry, age or disability
employed by any employer, referred or classified for employment by
any employment agency or labor organization, admitted to membership
or classified by any labor organization, or admitted to or employed
in any apprenticeship or other training program, in comparison with
the total number or percentage of persons of such race, color, religion,
national origin, sex, sexual orientation, ancestry, age or disability
in any community, State, section or other area, or in the available
workforce in any community, State, section or other area.
E.
It shall
be unlawful:
1.
To aid,
abet, incite, compel or coerce the commission of acts prohibited under
this Section or to attempt to do so;
2.
To retaliate
or discriminate in any manner against any other person because such
person has opposed any practice prohibited by this Section or because
such person has filed a complaint, testified, assisted or participated
in any manner in any investigation, proceeding or hearing conducted
pursuant to this Section; or
3.
To discriminate
in any manner against any other person because of such person's association
with any person protected by this Section.
