Article []- Unlawful Discrimination

Section 1. Definitions.

Forthe purposes of this article, the following terms shall have the followingmeanings:

Age means the numberof years an individual has been alive.

City contractor means any person, corporation, or entity that has acontract to do business with the City of Lexington.

Discriminate, discrimination, or discriminatory meansany act, policy or practice that, regardless of intent, has the effect ofsubjecting any person to differential treatment as a result of that person'sreal or perceived race, color, religion, national origin, sex, sexualorientation, gender identity, age, disability, marital status, familial status,or veteran status.

Employee means anyindividual employed by or seeking employment from an employer, excluding anyindividual employed by his or her parents, spouse, or child.

Employer means a person whoemploys one or more employees in the City of Lexington, or any agent of suchperson. Employer shall include the City of Lexington and any city contractor.

Familial status means an individual's past, current or prospectivestatus as parent or legal guardian to a child or children below the age of 18who may or may not reside with that individual.

Gender identity means the actual or perceived gender-relatedidentity, expression, appearance, or mannerisms, or other gender-relatedcharacteristics of an individual, regardless of the individual's designated sexat birth.

Marital status means an individual's past, current, or prospectivestatus as single, married, divorced, or widowed.

National origin means an individual's or his or her ancestor's placeof origin.

Place of public resort, accommodation, assemblage, oramusement means any place,store, or other establishment, either licensed or unlicensed, that suppliesaccommodations, goods, or services to the general public, or that solicits oraccepts the patronage or trade of the general public, or that is supporteddirectly or indirectly by government funds. The term does not include any ofthe following:

(1)  Any lodgingestablishment which contains not more than three rooms for rent and which isactually occupied by a proprietor of such establishment as a primary residence.

(2)  Any private club, bonafide membership organization, or other establishment that is not in fact opento the public.

Religion means all aspectsof religious belief, observance, and practice.

Sexual orientation means actual or perceived homosexuality,heterosexuality, pansexuality, asexuality, or bisexuality.

Veteran status means an individual's status as one who served inthe active military, naval or air service, and who was discharged or releasedunder conditions other than dishonorable.

Section 2. Civil rights declared.

The right of an otherwise qualified person to be free fromdiscrimination because of that person's real or perceived race, color,religion, national origin, sex, sexual orientation, gender identity, age,disability, marital status, familial status, or veteran status is recognized asand declared to be a civil right. This right shall include, but not be limitedto, all of the following:

(1)   Theright to obtain and hold employment and the benefits associated therewithwithout discrimination.

(2)   Theright to the full enjoyment of any of the accommodations, advantaged,facilities, or privileges of any place of public resort, accommodation,assemblage, or amusement without discrimination.

(3)   Theright to engage in property transactions, including obtaining housing forrental or sale and credit therefor, without discrimination.

(4)   Theright to exercise any right granted under this article without sufferingcoercion or retaliation.

Section 3. Exceptions

Notwithstanding the foregoing, the following are notdiscriminatory practices prohibited by this ordinance:

(1)  Areligious corporation, association, or society that employs an individual of aparticular religion to perform work connected with the performance of religiousactivities by the corporation, association, or society.

(2)  Anemployer who observes the conditions of a bona fide affirmative action plan ora bona fide seniority system which is not a pretext to evade the purposes ofthis article.

Section 4. Human Rights.

The purpose of incorporating human rights in this to promoteprinciples of diversity, inclusion, and harmony in the City of Lexingtonthrough education, community events, the provision of advice to the CityCouncil and Mayor, and through receiving and resolving complaints filed underthis article.

(1)   Responsibilities. The responsibilities include managing recordsand accounts, developing public education programs, managing citizencomplaints, and any other tasks needed. Responsible parties may use theservices of clerks, other city government employees or the services ofcontractors as necessary

(2)   Activities. The City of Lexington shall receive, initiate,investigate, seek to conciliate, hold hearings on and forward complaintsalleging violations of this article, including issuing penalties; it shallpresent an annual report to the mayor and city council of its activities; itshall develop public education programs regarding compliance with this articleand equal opportunity and treatment of all individuals; and it shall engage inany other necessary action to effectuate its purpose and duties.

Section 5. Enforcement.

Subject to the procedures developed, the City of Lexingtonshall receive, initiate, investigate, seek to conciliate, hold hearings on and forwardcomplaints alleging violations of this article. If a complaint is notsuccessfully conciliated, the City of Lexington shall hear the matter and makea determination as to whether a violation of this article has occurred. If theCity of Lexington determines that a violation has occurred, they shall issue anorder to cease and desist from the discriminatory practice and levy a fine of$500.00 for a first violation, $1,000.00 for subsequent violation. These penaltiesshall be enforceable, if necessary, via an action in municipal court. Allproceedings described herein shall be conducted in accordance with Mississippilaw.

Section 6. Other Remedies.

This article may not be construed to limit any other remedies available under state or federal law.

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