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ORDINANCE NO. O21-39
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, CREATING A NEW
GLENDALE CITY CODE CHAPTER 34 “NON-DISCRIMINATION CODE”
PROHIBITING
DISCRIMINATION
IN
PUBLIC
ACCOMMODATION,
EMPLOYMENT, AND HOUSING ON THE BASIS OF RACE, COLOR,
ETHNICITY, NATIONAL ORIGIN, AGE, DISABILITY, RELIGION, SEX,
SEXUAL ORIENTATION, GENDER, GENDER IDENTITY, VETERAN’S
STATUS,
MARITAL
STATUS,
AND
FAMILIAL
STATUS
AND
ESTABLISHING PENALTIES FOR VIOLATIONS THEREOF.
WHEREAS, the City of Glendale is comprised of diverse and varied groups, communities and
individuals;
WHEREAS, the City of Glendale values its diversity and the City Council finds that all
individuals living in, working in or visiting the City are entitled to be treated with equal dignity and
respect;
WHEREAS, the City Council believes that discriminatory practices impede the social and
economic progress of the City by preventing all people from contributing to and fully participating in
the cultural, social and economic growth of the community, which is essential to the growth and
vitality of the City's neighborhoods and businesses;
WHEREAS, the City of Glendale has a compelling interest in ensuring equal access to
publicly available goods and services and housing for all individuals living in, working in or visiting
the City;
WHEREAS, the City of Glendale has a compelling interest in ensuring workplaces within the
City are free from discrimination and harassment on the basis of race, color, ethnicity, national origin,
age, disability, religion, sex, sexual orientation, gender, gender identity, veteran's status, marital
status, and familial status; and
WHEREAS, preventing discriminatory practices based on race, color, ethnicity, national
origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran's status,
marital status, or familial status will benefit the citizens and community of the City of Glendale, and
the City Council hereby finds that this ordinance is in furtherance of the compelling governmental
interests of ensuring equal access to publicly available goods and services and housing, and ensuring
that workplaces are free from discrimination and harassment in the City of Glendale.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GLENDALE as follows:
SECTION 1. Glendale City Code Chapter 34 is created and titled as "Non-Discrimination" with the
following:
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CHAPTER 34
NON-DISCRIMINATION
SECTION:
34-1
Definitions
34-2
Policy
34-3
Unlawful Practices
34-4
Exclusions
34-5
Enforcement Provisions
34-6
Civil Violation Citation
34-7
Civil Penalties
34-8
General Provisions
34-1 DEFINITIONS
The below words and phrases, wherever used in this Chapter 34, shall have the
definition set forth in this Section unless, from the context, a different meaning
is intended. Words used in the present tense include the future tense, words in
the plural number include the singular number, and words in the singular
number include the plural number:
Age means to discriminate against an individual because the individual is forty
(40) years of age or older.
Bona fide private membership club means a private club not open to the public
that is supported by membership fees, dues, and assessments, and qualifies for
exemption by the Internal Revenue Service; and, that is not organized for the
purpose of evading compliance with this article.
City contractor or city vendor means a person or firm in the business of selling
or otherwise providing products, materials or services, that has gone through a
competitive solicitation process with the City of Glendale, and been awarded a
contract with the City of Glendale through a formal award by the City Council.
This does not include a cooperative procurement conducted by, or on behalf of,
more than one eligible public procurement unit.
Complainant means an individual claiming to be aggrieved by a violation of
this Chapter and that files a complaint under this Chapter.
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Dwelling means any building, structure, or portion thereof which is occupied,
or designed or intended for occupancy, as a residence by one or more families
and any vacant land which is offered for sale or lease for the construction or
location thereon of any such residential building, structure, or portion thereof.
Disability means a physical or mental impairment, except any impairment
caused by current use of illegal drugs, that substantially limits one or more
major life activities of the individual, a record of such physical or mental
impairment, or being regarded as having such physical or mental impairment.
Disability and disability discrimination shall be interpreted in a manner
consistent with the Americans with Disabilities Act of 1990 (as amended), the
Federal regulations promulgated thereunder, and judicial decisions construing
them.
Discriminate and Discrimination means to make any distinction with respect to
any individual or individuals based on the actual or perceived race, color,
ethnicity, national origin, age, disability, religion, sex, sexual orientation,
gender, gender identity, veteran's status, marital status, genetic information, or
familial status of an individual except as required by federal or state law or court
order.
Employee means an individual employed for pay to perform services for an
employer covered by this Chapter and whose activities are controlled and
directed by the employer for whom services are being performed and who is
economically dependent upon the employer.
Employer means a person doing business within the City who has five or more
employees for each working day in each of twenty (20) or more calendar weeks
in the current or preceding calendar year, and any agent of such person. This
definition excludes a bona fide private membership club (other than a labor
organization) that is exempt from taxation under the Internal Revenue Code of
1986 (as amended).
Familial status means the state of having one or more minor children under the
age of eighteen (18) being domiciled with: a parent, guardian or another person
having legal custody; the designee of such parent, guardian or another person
having legal custody with written permission; or, a foster parent or other person
with whom a minor child is placed by court order. This definition includes
pregnant women and people securing custody of children under the age of
eighteen (18) or that have a disability.
Gender identity means the actual or perceived gender-related identity,
expression, appearance, or mannerisms, or other gender-related characteristics
of an individual, regardless of the individual’s designated sex at birth.
Marital status means the status of a person being unmarried, married, separated,
widowed, or divorced.
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National origin means the country or nation of origin of an individual or any of
his/her forebears and characteristics generally identified with individuals so
originating.
Place
of
public
accommodation
means
facilities,
establishments,
accommodations, services, commodities or use offered to or enjoyed by the
general public, but does not include any dwelling, any bona fide private club,
or any place that is in its nature distinctly private. Place of public
accommodation includes, but is not limited to:
1. Hotels, motels, trailer courts and boardinghouses, which shall include any
establishments offering lodging to transient guests for compensation.
2. Restaurants, which shall include lunch counters, coffee shops, lunchrooms,
luncheonettes, cafes, cafeterias, tearooms, snack bars or stands, mobile food
service facilities, grills, sandwich shops, supper clubs, soft drink fountains, ice
cream parlors or stands, and other places which offer food, ice cream parlors or
stands, and other places which offer food, ice cream or beverages for purchase
and consumption on or off the premises.
3. Taverns, which shall include bars, barrooms, saloons, roadhouses and like
establishments, wherein spiritous or malt liquors or wines are offered for sale
or consumption on or off the premises.
4. Theaters, which shall include places, whether indoors or outdoors, at which
any theatrical performance, moving picture show, musical concert or recital,
dramatic reading or monologue, circus, carnival or other like entertainment or
amusement is offered.
5. Retail establishments, which shall include retail stores, garages, automobile
and gasoline service stations, and other like establishments serving the public.
6. Places of public amusement and recreation, which shall include bowling
alleys, billiard halls and poolrooms, dance halls, race courses, shooting
galleries, sports arenas or fields, gymnasiums, exhibitions, skating rinks and
other like establishments.
7. Educational facilities, which shall include a private academy, college,
university, elementary or secondary school, kindergarten, extension course,
nursery school system, and a business, nursing, professional, secretarial,
technical or vocational school located or operating in the City. An educational
facility shall not include any religious educational institution, as set forth in
Section 34-4(A) of this Chapter, any public school or any charter school.
8. Public conveyances, which shall include all transportation facilities
operated on land, air or water as well as the stations and terminals thereof.
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9. Funeral parlors and places of burial, including any cemetery, mausoleum,
crypt, or any establishment for the embalming, processing or interment of
corpses.
Respondent means the person alleged by the Complainant to have violated a
provision of this Chapter.
Sex means male or female and shall be interpreted broadly to include all
distinctions based on pregnancy, childbirth or related medical conditions.
Sexual orientation means actual or perceived homosexuality, heterosexuality,
or bisexuality.
Veteran's status has the same meaning as set forth under federal law at 38
U.S.C. § 101(2).
34-2 POLICY
It is declared to be the policy for the citizens of Glendale, Arizona, to be free
from discrimination in public accommodations, employment, and housing, and
contrary to public policy and unlawful to discriminate against any person on the
basis of race, color, ethnicity, national origin, age, disability, religion, sex,
sexual orientation, gender, gender identity, veteran's status, marital status, or
familial status in places of public accommodation, employment, and housing;
and contrary to the policy of the City and unlawful for vendors and contractors
doing business with the City to discriminate, as set forth in this Chapter.
34-3 UNLAWFUL PRACTICES
The following, within the City of Glendale, shall constitute a violation of this
Chapter:
(A) Public Accommodation. For any owner, operator, lessor, manager, agent or
employee of any place of public accommodation to discriminate against any
person, including to restrict or refuse access or service on the basis of race,
color, ethnicity, national origin, age, disability, religion, sex, sexual orientation,
gender, gender identity, veteran's status, marital status, or familial status.
(B) Employment. For an employer, because of race, color, ethnicity, national
origin, age, disability, religion, sex, sexual orientation, gender, gender identity,
veteran's status, marital status, or familial status to refuse to hire or employ or
bar or discharge from employment any person, or to discriminate against such
person in compensation, conditions, or privileges of employment.
(C) Housing. For any owner or lessor 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 therewith, or to refuse to negotiate for the sale or rental
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because of race, color, ethnicity, national origin, age, disability, religion, sex,
sexual orientation, gender, gender identity, veteran's status, marital status, or
familial status.
(1) This Subsection shall not exclude or deny housing designated for senior
living or for individuals with disabilities, or as otherwise designated or directed
by the United States Department of Housing and Urban Development or the
State of Arizona.
(2) This Subsection shall not apply to the rental of rooms within a single
residential dwelling or single residential lot (such as accessory dwelling units
or duplexes) if the owner or lessor resides therein or thereon.
(D) Labor Organizations. For a labor organization, because of race, color,
ethnicity, national origin, age, disability, religion, sex, sexual orientation,
gender, gender identity, veteran's status, marital status, or familial status, to
exclude, expel, limit or restrict from its membership any person, or to provide
segregated membership or otherwise discriminate in any manner against any of
its members, applicants or employers.
(E) City Contracts. For a city contractor or city vendor, or a grantee, because of
race, color, ethnicity, national origin, age, disability, religion, sex, sexual
orientation, gender, gender identity, veteran's status, marital status, or familial
status, to refuse to hire or employ or bar or discharge from employment any
person, or to discriminate against such person in compensation, conditions, or
privileges of employment.
34-4 EXCLUSIONS
(A) This Chapter shall not apply to:
(1) A place of public accommodation to afford beneficial pricing or policies to
senior citizens, veterans, students or individuals with disabilities.
(2) A place of public accommodation operating solely as a single-sex fitness
center or gymnasium as long as the fitness center or gymnasium does not
include any other place of public accommodation as defined in this Chapter and
does not discriminate against any other protected group identified in Section
34-2.
(3) A place of public accommodation that includes single-sex designated areas
within the place of public accommodations, as long as the place of public
accommodation does not discriminate against any other protected group
identified in Section 34-2.
(4) A religious corporation, association or society; or a school, college or
university or other educational institution or institution of learning if the
institution is in whole or substantial part controlled, managed, owned, or
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supported by a religious corporation, association or society; or the curriculum
of the institution is directed toward the propagation of religion, except this
Chapter shall apply to the employment or an employment opportunity with a
religious organization, wherein the duties of the position pertain solely to
activities of the organization that generate unrelated business taxable income
subject to taxation under Section 511(a) of the Internal Revenue Code of 1986.
(5) An expressive association whose membership of a person protected by this
Chapter would significantly burden the association’s rights of expressive
association under the First Amendment, federal or state statutes, as interpreted
in binding judicial decisions, that would preempt or preclude enforcement of
this Chapter.
(6) Speech and expressive activities and the free exercise of religion protected
under the First Amendment and other applicable federal and state statutes, as
interpreted in binding judicial decisions, that would preempt or preclude
enforcement of this Chapter.
(7) An employer who observes the conditions of a bona fide affirmative action
plan authorized pursuant to federal or state law or a bona fide seniority system
that is not a pretext to evade the purposes of this Chapter.
(8) The right of a place of public accommodation to remove or cause to be
removed from such place any person under the influence of alcohol or other
drugs, or who is engaged in boisterous conduct or conduct that would constitute
criminal activity under any state or federal criminal law, or who violates any
regulation of any place of public accommodation that applies to all persons,
regardless of race, color, ethnicity, national origin, age, disability, religion, sex,
sexual orientation, gender, gender identity, veteran’s status, marital status or
familial status.
(9) The United States government, any of its departments or agencies, or any
corporation wholly owned by it; an Indian tribe; the state of Arizona or any of
its departments, agencies, or political subdivisions; and any community college
district or high school or elementary school district or public school, including
charter schools, but excluding the City of Glendale.
34-5 ENFORCEMENT PROVISIONS
(A) Administrative Responsibilities
(1) The City Manager has the authority and responsibility for administering this
Chapter. The City Manager may delegate any of the City Manager’s authority
or responsibilities to designees who shall have the same authority as the City
Manager, as set forth in this Chapter.
(2) The City Manager shall be responsible for the investigation, mediation, and
conciliation of complaints filed pursuant to this Chapter.
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(3) The City Manager shall have the authority to issue citations for violations
of this Chapter pursuant to this Chapter. For a first violation under Section 34-
7(A)(1), the City Manager shall seek resolution through mediation or
alternative means before issuing a citation. For second, third or subsequent
violations, the City Manager may seek resolution through mediation or
alternative means before issuing a citation.
(4) Upon issuance of a citation, the City Manager is authorized to take such
actions as appropriate to carry out the enforcement of this Chapter.
(5) Nothing in this Chapter shall preclude the City Manager from seeking
voluntary compliance with the provisions of this Chapter, or from enforcing
this Chapter through notices or warnings of violations or through other informal
means designed to achieve compliance in the most efficient and effective
manner under the circumstances.
(B)Civil Violation Procedures
(1) Within ninety (90) days of an alleged violation of this Chapter, a
Complainant must file with the City Clerk a written verified complaint signed
by the Complainant. The complaint shall set forth facts upon which it is based
and shall identify the person alleged to have violated this Chapter.
(2) To avoid multiple legal actions, if the Complainant has filed a complaint
with a federal or state agency or court alleging the same facts, the City of
Glendale complaint will be dismissed to allow the federal or state agency or
court to address the allegations.
(3) If the complaint states a claim that would be a violation of existing state or
federal law or is within the jurisdiction of a federal or state agency, the City
Manager shall refer the Complainant to the appropriate agency or tribunal and
dismiss the complaint.
(4) The City Manager will dismiss the complaint if it was untimely filed or if
the location of the alleged violation of this Chapter did not occur within the City
of Glendale. The City Manager may dismiss the complaint on procedural or
substantive grounds including, but not limited to, there is insufficient evidence
to establish reasonable cause that a violation of this Chapter occurred.
(5) If the complaint is not dismissed, the City Manager shall furnish the
Respondent with a copy of the complaint. The Respondent may file, no later
than thirty (30) days following receipt of the complaint, a written verified
answer. The City Manager may grant an extension, upon a good faith request
of the Respondent. If the Respondent fails to timely answer the complaint, the
allegations in the complaint shall be deemed admitted, such person shall be
deemed responsible for having committed the offenses described in the
complaint, and a civil penalty shall be imposed pursuant to this Chapter.
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(6) At any time prior to a finding of responsible, whether by admission, default,
or after a hearing, the City Manager may seek resolution through mediation. A
resolution resulting from mediation shall not automatically be considered an
admission.
(7) If the complaint is not dismissed and mediation attempts are unsuccessful,
the City Manager shall investigate the allegations of the discriminatory
practices set forth in the complaint to determine if there is sufficient evidence
to establish reasonable cause that there was a violation of this Chapter. If the
City Manager determines that there is sufficient evidence to establish
reasonable cause that the Respondent violated this Chapter, the City Manager
shall issue a citation pursuant to Section 34-6 of this Chapter.
34-6 CIVIL VIOLATION CITATION
(A) The citation will be substantially in the form established by the City
Manager. It shall advise the Respondent of the violations committed, either by
written description of the violations or by designation of the City Code Section
that was violated. The Civil Hearing Officer may permit amendments to the
citation if substantial rights of the Respondent are not thereby prejudiced. The
citation shall direct the Respondent to pay the civil sanction and all applicable
fees as specified in Section 34-7 within the time period specified on the citation.
The citation shall be served by personal service, or pursuant to A.R.S. § 9-
500.21.
(B) The Respondent shall, within the time period specified on the citation, either
pay the civil sanction and the fees, or appear in person or through an attorney
before the Civil Hearing Officer and admit or deny the allegations contained in
the citation. If the Respondent timely pays the fine and fees, either in person or
by mailing payment to the City, the allegations in the citation shall be deemed
admitted and such person shall be deemed responsible for having committed
the offenses described in the citation. If the Respondent appears and admits the
allegations, the Civil Hearing Officer shall enter judgment against the
Respondent and enter an appropriate sanction. If the Respondent appears and
denies the allegations contained in the citation, the Civil Hearing Officer shall
set the matter for hearing.
(C) If the person served with a citation fails to pay the fine or fails to appear on
or before the time directed to appear or at the time set for hearing by the Civil
Hearing Officer, the allegations in the complaint shall be deemed admitted and
the Civil Hearing Officer shall enter a finding of responsible and impose the
applicable sanction as specified in Section 34-7.
(D) All proceedings before the Civil Hearing Officer shall be informal and
without a jury, except that testimony shall be given under oath or affirmation.
The technical rules of evidence do not apply, except for statutory provisions
relating to privileged communications. If the allegations in the citation are
denied, the City is required to prove violations of this Chapter by a
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preponderance of the evidence. Pre-hearing discovery shall be permitted as
determined by the Civil Hearing Officer. The Civil Hearing Officer is
authorized to make such orders as may be necessary or appropriate to fairly and
efficiently determine the truth and decide the case at hand including, but not
limited to, issuing subpoenas.
(E) An appeal from final judgments of the Civil Hearing Officer may be taken
pursuant to the Arizona Rules of Procedure for Special Actions. Appeals must
include the basis for the appeal and be filed within 20 days of the final
judgement.
(F) Any judgment for civil fines or penalties pursuant to this Chapter may be
collected as any other civil judgment.
34-7 CIVIL PENALTIES
(A) Any person who is found responsible for a violation of this Chapter, whether
by admission, default, or after a hearing shall be issued a civil sanction as
follows:
(1) First Violation. A person found responsible for a first violation of this
Chapter shall be fined a penalty of $300 per civil offense.
(2) Second Violation. A person found responsible for a violation of this Chapter
within twelve (12) months of being held responsible for a prior violation of this
Chapter shall be fined not less than $300 nor more than $2,500 per civil offense.
(3) Third Violation. A person found responsible for a violation of this Chapter
within twenty-four (24) months of being held responsible for two prior
violations of this Chapter, shall be fined not less than $600 nor more than
$2,500 per civil offense.
34-8 GENERAL PROVISIONS
(A) This Chapter does not create a private cause of action.
(B) It shall be a violation of this Chapter for a person who with the intent to
promote or facilitate the commission of an offense under this Chapter: (i)
solicits or commands another person to commit the offense; or (ii) aids,
counsels, agrees to aid or attempts to aid another person in planning or
committing an offense. A violation under this Section shall be subject to the
same enforcement provisions and civil sanctions as all other violations under
this Chapter.
SECTION 2. RECITALS. The recitals above are fully incorporated in this Ordinance by reference.
SECTION 3. EFFECTIVE DATE. The effective date of this Ordinance shall be one-hundred twenty
(120) days following adoption by the Glendale City Council.
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SECTION 4. INTENT, INTERPRETATION AND APPLICATION. Nothing in this Chapter is
intended to alter or abridge other rights, protections, or privileges secured under any state or federal
law. This Chapter shall be construed, applied, and enforced in a manner consistent with the Arizona
Constitution, Article 2, Section 6, the Free Exercise of Religion Act (FERA) (A.R.S. § 41-1493.01),
and First Amendment jurisprudence relating to freedom of speech, expression, and the exercise of
religion. Because federal law substantially regulates employment-based health benefits, this
ordinance does not regulate, and shall not apply to, employee-based health benefits. This Chapter is
not intended to, and shall not, prevent or preclude single-sex sports or recreational leagues or
programs, as long as such sports, leagues or programs do not discriminate against any other protected
group identified in Section 34-2.
SECTION 5. PRESERVATION OF RIGHTS AND DUTIES. This Ordinance does not affect the
rights and duties that matured, penalties that were incurred, or proceedings that were begun before
the effective date of this Ordinance.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance or any part of the material adopted herein by reference is for any reason held to be
invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions thereof.
PASSED, ADOPTED AND APPROVED by the Mayor and City Council of the City of
Glendale, Maricopa County, Arizona, this 25th day of May, 2021.
Mayor Jerry P. Weiers
ATTEST:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
REVIEWED BY:
Kevin R. Phelps, City Manager