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15-1665 Title 1 Updates: Prohibiting DiscriminationCITY OF MERIDIAN ORDINANCE NO. 15 - I (pG �S BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 1, OF THE MERIDIAN CITY CODE RELATING TO ADMINISTRATION, CHAPTER 15 REGARDING DISCRIMINATION PROHIBITED; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian seeks to nurture a culture in which all persons are afforded equal opportunities for employment, and to that end has determined that, in addition to the existing protections enumerated by law, discrimination on the basis of sexual orientation and gender identity/expression should be addressed by the City's nondiscrimination policy; WHEREAS, the City Council finds that the contributions of all citizens are essential to our community's growth, vitality, and prosperity, and discrimination in the workplace on the basis of sexual orientation or gender identity is detrimental to such social and economic progress; WHEREAS, it is hereby declared to be the policy of the City of Meridian to foster the employment of individuals in accordance with their abilities, and proactively avoid sexual orientation and gender identity discrimination in the employment context; WHEREAS, the prohibitions against discriminatory acts as established in this ordinance are intended to supplement state and federal civil rights law prohibiting discrimination in the employment context, as provided under state or federal law, including, without limitation, race, color, religious creed, ancestry, age, sex, national origin, and/or disability; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 15 is repealed and replaced to read as follows: TITLE 1 ADMINISTRATION Chapter 15 DISCRIMINATION PROHIBITED 1-15-1: NONDISCRIMINATION ON BASIS OF GENDER IDENTITY OR SEXUAL ORIENTATION: A. Purpose and Declaration of Policy: It is hereby declared to be the policy of the City MERIDIAN CITY CODE TITLE 1, CHAPTER 15 - DISCRIMINATION PROHIBITED PAGE 1 OF 4 of Meridian that, in addition to civil rights protections afforded by state and federal anti -discrimination laws: 1. Every prospective or current City employee should experience equal employment opportunity and workplace rights, irrespective of his or her sexual orientation or gender identity; and 2. Every individual in our community should have the equal opportunity to enjoy City -sponsored programming, irrespective of his or her sexual orientation or gender identity. This ordinance shall be construed and applied in a manner consistent with First Amendment jurisprudence, including that regarding the freedoms of speech, association, and exercise of religion. B. Definitions: As used in this chapter, the following definitions shall apply: 1. Discriminate: Any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or other differentiation in the treatment of a person. 2. Gender identity: A person's sense or expression as male or female, regardless of biological sex at birth. 3. Sexual orientation: A person's actual or perceived homosexuality, heterosexuality and/or bisexuality. C. City of Meridian Employment: In addition to protections already afforded by federal and state law, with regard to current or future hiring, termination, compensation, transfer, promotion, or discipline, the City of Meridian shall not discriminate against any qualified person or employee on the basis of such person or employee's gender identity or sexual orientation. This provision shall not be interpreted to require, to grant, or to accord any preferential treatment to any person because of that person's gender identity or sexual orientation. D. City -Sponsored Programs, Events, and Activities: In addition to protections already afforded by federal and state law, with regard to participation in and benefits of any City sponsored program, event, facility, or activity, the City of Meridian shall not discriminate against any qualified person on the basis of such person's gender identity or sexual orientation. This provision shall not be interpreted to require, to grant, or to accord any preferential treatment to any person because of that person's gender identity or sexual orientation. 1-15-2: NONDISCRIMINATION ON BASIS OF DISABILITY: A. Accessibility to City Programs: It is the policy of the City that all programs and activities shall be accessible to, and usable by, qualified persons with disabilities. B. Evaluation of City Programs: The City shall undertake an evaluation, conducted in consultation with citizen groups involving persons with disabilities, of its programs, policies, procedures and facilities in order to determine those areas where discrimination on the basis of disability may occur. MERIDIAN CITY CODE TITLE 1, CHAPTER 15 - DISCRIMINATION PROHIBITED PAGE 2 OF 4 C. Revisions and Modifications: The City shall, upon completion of said evaluation, make such revisions, modifications, or other changes so as to fully comply with the letter and intent of section 504 of the Rehabilitation Act of 1973. D. Transition Plan: Further, the City shall, where building modifications are required, develop and implement a transition plan for the timely elimination of structural barriers to citizens with disabilities. 1-15-3: FAIR HOUSING: A. City Assistance; File Complaint: With available resources, the City will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability, or familial status to seek equity under Federal and State laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. B. Publicize Notice to Real Estate Owner and Developers: The City shall publicize this Section and through this publicity shall cause owners of real estate, developers and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and amendments and any applicable state or local laws or ordinances. C. Implementation of Program: Said programs will at a minimum include, but not be limited to: 1. Printing and publicizing of this policy and other applicable fair housing information through local media and community contacts; 2. Distribution of posters, flyers and any other means which will bring to the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing; 3. Prepare an analysis of impediments to fair housing choice and actions to mitigate such impediments. Section 2. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. MERIDIAN CITY CODE TITLE 1, CHAPTER 15 - DISCRIMINATION PROHIBITED PAGE 3 OF 4 /$�,- PASSED by the City Council of the City of Meridian, Idaho, this / day of 2015, APPROVED by the Mayor of the City of Meridian, Idaho, this / day of 2015. APPRO�D r4AVOR