10/09/2012 Ordinances 9407 Ordinance No. 9407 failed on a vote of 2 to 8 by the City Council at their
Otober 9, 2012 meeting.
ORDINANCE NO. 9407
An Ordinance prohibiting discrimination in employment, housing, and public
accommodations against persons based on their sexual orientation or gender identity and
providing for the publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
I. That the Grand Island City Code be amended to contain the following provisions:
Chapter 11 —Civil Rights
Article I—Discrimination Based on Sexual Orientation and Gender Identity Prohibited
§11-1 —Definitions
City—The area within the boundaries of the City of Grand Island.
Discriminate—Any act or failure to act, whether by itself or part of a pattern of behavior, the
effect of which is to differentiate between or among persons or groups of persons by reason of
their sexual orientation or gender identity.
Employee—Any person who is an applicant or employed in exchange for compensation.
Employer—Any person, partnership, corporation, association, or any other type of organization
employing ten(10) or more persons at an average of thirty(30) or more hours per week over the
course of a year.
Employment Agency—Any person, partnership, corporation, association, or any other type of
organization engaged in procuring employees for an employer or procuring employment for
persons.
Exempt Organizations—The government of the United States of America, the State of
Nebraska, the County of Hall, or any religious organization.
Gender Identity—The actual or perceived appearance, expression, identity, or behavior of a
person as being male or female whether or not that appearance, expression, identity or behavior
is different from that traditionally associated with that person's designated sex at birth.
Housing—Any building, structure, mobile home, or portion thereof which is designed, intended,
or occupied as a residence for any person,persons, family, or families, and any land which is
intended or offered for sale or lease for the construction of any building, structure, or mobile
home.
Approved as to Form n
October 8,2012 R City Att6rney
ORDINANCE NO. 9407 (Cont.)
Labor Organization—Any organization having status as a legal entity or as an unincorporated
group or association existing for the purpose of collective bargaining, addressing employee
grievances against employers, or providing mutual aid to persons or other labor organizations
regarding collective bargaining or addressing employee grievances against employers.
Person—Any individual or group of individuals having status as a legal entity or as an
unincorporated group or association.
Public Accommodation—Any place offering the public goods, services, food, shelter, or
recreation in exchange for remuneration.
Religious Organization—A bona fide religious corporation, association, institution, or society
which does not limit or exclude from membership or discriminate against any person based upon
their race, color, ethnicity, national origin, sex, or disability.
Sexual Orientation—Actual or perceived heterosexuality,homosexuality, bisexuality, or
asexuality.
§11-2—Prohibited Acts—Employers
It shall be unlawful for any employer located or conducting business in the City to
discriminate based on the sexual orientation or gender identity of a person by engaging in the
following acts:
(a) refusing to employ a person;
(b) disciplining, demoting, or discharging from employment a person;
(c) discriminating against a person regarding compensation, benefits, or the terms
of employment; or
(d) refusing to promote a person.
§11-3—Prohibited Acts—Employment Agencies
It shall be unlawful for any employment agency located or conducting business in
the City to discriminate based on the sexual orientation or gender identity of a person by
engaging in the following acts:
(a) refusing to refer a person for employment; or
(b) complying with a request or directive from an employer for a referral of
applicants for employment if the request indicates the employer discriminates in violation of
Grand Island City Code §11-2.
§11-4—Prohibited Acts—Labor Organizations
It shall be unlawful for any labor organization located or conducting business in
the City to discriminate based on the sexual orientation or gender identity of a person by
engaging in the following acts:
(a) excluding or expelling from membership a person in the organization;
(b) refusing to refer a person for employment;
(c) failing to represent a person it is legally obligated to do so in any dispute with
an employer; or
(d) requesting an employer do anything or complying with a request from an
employer to do anything in violation of Grand Island City Code §11-2 or §11-4.
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ORDINANCE NO. 9407 (Cont.)
§11-5—Prohibited Acts —Housing
It shall be unlawful for any person, partnership, corporation, association, or any
other type of organization located or conducting business in the City to discriminate based on the
sexual orientation or gender identity of a person by engaging in the following acts:
(a) refusing to sell or rent housing after receiving a bona fide offer;
(b) altering the terms of the sale or rental of housing;
(c) making,publishing, or advertising any notice indicating discrimination in the
sale or rental of housing against persons based on their sexual orientation or gender identity; or
(d) falsely representing housing is unavailable for sale or rent.
§11-6—Prohibited Acts—Public Accommodations
It shall be unlawful for any person, partnership, corporation, association, or any
other type of organization located or conducting business in the City to discriminate based on the
sexual orientation or gender identity of a person by engaging in the following acts:
(a) refusing a person entry or full access to goods, services, food, shelter, or
recreation offered the public in any place of public accommodation;
(b) segregating any person in a place of public accommodation; or
(c) making, publishing, or advertising any notice indicating discrimination in
entry or access to goods, services, food, shelter, or recreation offered the public in any place of
public accommodation.
§11-7—Inapplicability to Exempt Organizations
The provisions of Grand Island City Code, Chapter 11, Art. I are not applicable to
exempt organizations including religious organizations and those organizations are exempt from
the requirements, directives, and prohibitions contained therein.
II. Any ordinances or portions of ordinances in conflict with this ordinance are hereby repealed.
III. This ordinance shall be in full force and effect after its passage and publication pursuant to
law.
Enacted: October 9, 2012.
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
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