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Mayor Becker Requests Public Comment on Proposed Human Rights Ordinance
4 pages
English

Mayor Becker Requests Public Comment on Proposed Human Rights Ordinance

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FOR IMMEDIATE RELEASE August 3, 2009 C ontact: M arla K ennedy Office: 801-535-7177 Mayor Becker Requests Public Comment on Proposed Human Rights Ordinance Dear Salt Lake City Residents, We’re embarking on a journey this fall that will have an effect on discrimination practices in the housing and employment sectors within Salt Lake City. The City is requesting your input on this important venture, before any specific proposals are finalized. Last winter, then City Council Chair Jill Remington Love and I requested the Salt Lake City Human Rights Commission facilitate a public process on the subject of human rights. The Commission responded by hosting a Dialogue on Discrimination series. Recently, the Commission unveiled its 2009 Discrimination Report which includes important testimony, data and compelling narratives extending from the Dialogue series. The Commission recommended a nondiscrimination ordinance as one of its four recommendations. To view a copy of this report, visit www.slcgov.com. I anticipate delivery of a nondiscrimination ordinance to the City Council from my office by mid-September of this year. I invite you to view a summary of Salt Lake City’s current thinking regarding this future ordinance by visiting www.slcgov.com. I am requesting your feedback and ideas on our current direction prior to drafting a formal ordinance. Additionally, I encourage you to share both the 2009 Discrimination Report and the summary ...

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FOR I M ME DI AT E R E L E ASE
August 3, 2009
C ontact: Marla K ennedy
Office: 801-535-7177
Mayor Becker Requests Public Comment on Proposed Human
Rights Ordinance
Dear Salt Lake City Residents,
We’re embarking on a journey this fall that will have an effect on discrimination practices in the housing and
employment sectors within Salt Lake City. The City is requesting your input on this important venture, before any
specific proposals are finalized.
Last winter, then City Council Chair Jill Remington Love and I requested the Salt Lake City Human Rights
Commission facilitate a public process on the subject of human rights. The Commission responded by hosting a
Dialogue on Discrimination series.
Recently, the Commission unveiled its 2009 Discrimination Report which includes important testimony, data and
compelling narratives extending from the Dialogue series. The Commission recommended a nondiscrimination
ordinance as one of its four recommendations. To view a copy of this report, visit
www.slcgov.com
.
I anticipate delivery of a nondiscrimination ordinance to the City Council from my office by mid-September of this
year. I invite you to view a summary of Salt Lake City’s current thinking regarding this future ordinance by visiting
www.slcgov.com
. I am requesting your feedback and ideas on our current direction prior to drafting a formal
ordinance.
Additionally, I encourage you to share both the 2009 Discrimination Report and the summary with
your family, friends and neighbors.
Please submit your feedback to
mayor@slcgov.com
by August 21, 2009 so that it may be considered as we draft
the ordinance.
I am committed to the focus on human rights through a democratic form of government and look forward to
receiving your thoughts as we continue our efforts to achieve equality for all in our community.
Respectfully,
Ralph Becker
Mayor
* Public Discussion Draft*
July 21, 2009
Overview of Possible Salt Lake City Nondiscrimination Ordinance
Purpose
Salt Lake City Code Section 10.02.010 recognizes that discriminatory practices harm not only the
individuals involved, but also the general welfare of the City and the vitality of its neighborhoods. The
July 2009 Discrimination Report (available at
www.slcgov.com
) by the Salt Lake City Human Rights
Commission, based on the recent Dialogues on Diversity series and a review of research studies,
provides further factual confirmation of the harms caused by discriminatory practices. The purpose of
the ordinance would be to prevent the harms to both the individual and our community caused by
discriminatory practices.
Discrimination Currently Prohibited by Federal and State Law
Federal and State law currently prohibit discrimination in employment and housing, for example, based
on:
•
Race
•
Color
•
Sex
•
Pregnancy, childbirth or pregnancy related
conditions
•
Age (if 40 or older)
•
Religion
•
National origin
•
Disability
Salt Lake City is looking to build on these protections to be more inclusive of our diverse community.
Discrimination Under Consideration to be Prohibited in New City Ordinance
Neither Federal Law nor Utah Law currently prohibits discrimination based on:
•
Sexual orientation—a person’s actual or perceived orientation as heterosexual, homosexual or
bisexual. (See Salt Lake City Code § 10.02.020M)
•
Gender identity and expression—a person’s actual or perceived gender related identity,
appearance, mannerisms, or other characteristics of an individual with or without regard to the
person’s sex at birth. (See City Code § 10.02.020G)
A City non-discrimination ordinance could address this gap.
Practices Covered by Possible New City Ordinance
Employment practices
For example:
•
hiring and firing decisions, compensation and other benefits of employment (but benefits for
a person’s domestic partner not required)
•
training programs
•
referrals
•
labor union membership
Public Accommodation practices
•
For example, denial of accommodations or facilities
Housing Practices
For example:
•
sale and rental decisions
•
refusal to show
•
terms and conditions of sale or lease
•
financing
•
brokerage services
Exempted Parties from Possible New City Ordinance
•
Religious organizations
•
United States government and its departments, agencies and other entities
•
State of Utah and any of its agencies, departments, and other entities such as political
subdivisions, but Salt Lake City itself will be covered
Exemptions from Practices Covered by Possible New City Ordinance
Employment Practices
•
Small employers not covered
•
Bona fide private membership club (other than labor organization) not covered if tax
exempt under Internal Revenue Code Section 501(c)
Public Accommodation Practices
•
Accommodations restricted to members and their guests not covered
•
Bona fide social, fraternal, political, etc. organization not covered if any profits from
accommodations are solely for benefit of members
Housing Practices
•
Sale or rental of single family dwelling not covered IF owner
(i)
doesn’t own four or more single family dwellings held for lease at
same time
(ii)
has not sold two or more single family dwellings in preceding 24
months AND
(iii)
doesn’t use services of broker, agent or salesman for sale or rental of
dwelling
•
Rental of dwelling to be occupied by no more than four families not covered IF owner lives
on the premises
•
Rental of dwelling by private organization to members not covered IF dwelling owned for a
purpose other than a commercial purpose AND rental is incidental to organization’s primary
purpose
•
Rental of dwelling with rooms leased to persons of same sex not covered IF dwelling
contains common kitchen, lavatory, etc. facilities for use of occupants
Enforcement of Possible New City Ordinance
•
No private right of action
•
No right or remedy that is the same or substantially equivalent to federal or state remedies
•
Complaint filed with City, which then investigates
•
Conciliation process available
•
If no resolution, complaint referred to City Attorney, who, after review and/or investigation
may file an action in Salt Lake City Justice Court seeking a fine of not more than $1000 for
an individual and $5000 for a corporation or partnership, per state statute setting ceiling on
City fine
s in general.
Send comments by:
August 21, 2009 to:
mayor@slcgov.com
###
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