wdoherty@bbncca.ARPA (Will Doherty) (11/05/84)
Apologies to those who got the first mistaken verson of this message.
This is the ordinance that created and now maintains the Cambridge Human
Rights Commission:
City of Cambridge
In the Year One Thousand, Nine Hundred 84
An Ordinance
In amendment to an ordinance formerly entitled "The General Ordinances
of the City of Cambridge" as revised in 1972 and now designated as "The
Code of the City of Cambridge."
Be it ordained by the City Council of the City of Cambridge as follows:
Inasmuch, as the City Manager has the power of Chief Administrator over
all departments under Chapter 43 Section 104 and department heads have
powers under Chapter 43 Section 105 of the City of Cambridge Plan E
Charter.
There shall be a commission known as the Cambridge Human Rights
Commission to protect all Human Rights of all citizens in the City of
Cambridge, and shall be appointed by the City Manager with notification
to the City Council.
The Code of the City of Cambridge is hereby amended by adding at the end
thereof a new Chapter 25 entitled "Human Rights" which reads as follows:
Chapter 25
Human Rights
1. There shall be a Cambridge Human Rights Commission consisting of
eleven members, which may be altered by an amendment to this ordinance
by the City Council.
The Commission shall be considered a Department of the City, with all
the rights and responsibilities thereof. The Executive Director of the
Commission shall be considered the department head.
2. The members shall be appointed by the City Manager for terms of three
years. Initial appointments shall be made for the following terms:
three members for a term of three years, four members for a period of
two years, and four members for a period of one year. Any vacancy
occurring other than by expiration of term shall be filled by
appointment by the City Manager for the unexpired term.
3. A. Not less that two months prior to making such appointments, or
re-appointments, the City Manager shall solicit nominations from as many
public service groups and other sources which he deems appropriate as
possible.
In keeping with the policy of the Cambridge City Council, the members of
the Commission shall be representative of the population of the City of
Cambridge. The Commission shall contain members of groups traditionally
targets of discriminatory behavior.
B. All members of the Commission shall be residents of the City of
Cambridge when appointments are being made by the City Manager, and
throughout their tenure.
C. The Commission shall elect a chairperson from among its members.
The chairperson shall be elected at the first meeting each year. The
Commission members shall make an attempt to rotate the election of a
chairperson each year thereafter.
Six (6) members shall constitute a quorum for the purpose of conducting
the business of the Commission and all decisions shall be by majority
vote of the Commission members present and voting.
The Commission shall adopt rules and regulations consistent with this
Ordinance and the Law of the Commonwealth of Massachusetts to carry out
the policy and provisions of this Ordinance and the powers and duties of
the Commission in connection therewith. Said rules shall insure the due
process rights of all persons involved in investigations and hearings.
All records of the Commission shall be public except as provided by
state law.
Members of the Commission shall serve without compensation but
reasonable per diem and necessary expense reimbursement shall be paid
out of the budget of the Commission.
The Commissioners shall be classified as special municipal employees for
the purposes of Chapter 268A of the Massachusetts General Laws.
D. The Commission of Human Rights shall work with the City Manager
and/or his assistants on matters pertaining to the human rights of
Cambridge citizens. The main purpose for which this ordinance is
enacted is to protect the human rights of all citizens of Cambridge.
4. The Commission shall discuss human rights problem areas with the City
Manager and make recommendations necessary to protect the human rights
of all Cambridge citizens and employees.
A. The Commission shall request of the City Manager, department heads,
and Superintendent of Schools, such information and staff support as is
reasonable so that it may be properly informed.
B. The Commission may review and comment on all matters pertaining to
the human rights of citizens. They may examine and scrutinize and
comment on department budgets including the School Department budget.
C. The Commission shall, with the advice and consent of the City
Manager, employ an Executive Director who shall be the executive officer
of the Commission and shall be responsible for carrying out the
policies and decisions of the Commission. The Commission may employ an
Administrative Assistant or such other personnel as it may from time to
time deem necessary.
The Commission shall, when appropriate, request the assistance of the
staff and Commissions of the City engaged in related work, such as the
Commission on the Status of Women, the Civic Unity Committee, the
Commission on the Handicapped, the Fair Housing Office, the Affirmative
Action Officer, the Consumers' Council, the Council on Aging, and the
Veterans' Service Department, and shall at all times work cooperatively
with these groups.
The Commission shall receive aid, advice, and opinions from the City
Solicitor and the legal department, and be represented in court by the
City Solicitor.
D. The City Manager shall provide office space in City Hall to the
Commission in order to give easy access to citizen complaints.
E. Each year, the Commission and the City Manager, together or
separately, shall report to the City Council in writing as to the
progress that is being made under this ordinance. These written reports
may properly contain suggestions and recommendations which will further
the aims of this ordinance.
5. The Commission may at any time question matters pertaining to
Cambridge bonafide residents who are faculty members and/or students of
local schools and universities who are involved in Human Rights
complaints.
6. Any contract entered into by the City of the Cambridge Schools, or
any of their agencies, departments, or subdivisions shall contain a
covenant by the contractor and his or her subcontractors not to violate
this Ordinance. Breach of this covenant shall be regarded as a material
breach of the contract.
This Section shall not impair the obligation of any presently existing
contract.
7. The City of Cambridge, every City contractor and subcontractor, every
employer with one hundred (100) or more employees, every owner of an
apartment building or housing complex of fifteen (15) or more units,
every employment agency, every realtor and real estate agency, and every
apartment or roommate service shall prominently post and keep posted the
following notice at its place of business or in such apartment building
or housing complex:
"Discrimination of the basis of race, color, sex, age,
religious creed, disability, national origin or ancestry,
sexual orientation, marital status, family status,
military status, or source of income is unlawful in the
City of Cambridge. Chapter 25, Cambridge City Code.
Cambridge Human Rights Commission
________________Cambridge, MA
____________"
The blanks in the model above shall be properly filled with the address
and telephone number of the offices of the Commission.
It shall be a crime punishable by a fine of not more than fifty dollars
($50) per violation to willfully violate this section.
8. A. The Commission shall receive and investigate complaints of, and
initiate its own investigation of the following activities and unlawful
practices:
(1.) Presence in the City of prejudice, intolerance, or bigotry,
including but not limited to such matters as the choice of lifestyle and
consequences such attitudes in the community engender.
(2.) It shall be a crime punishable by a fine of not more than
three hundred dollars ($300), or the maximum under State Law, per
violation to commit any unlawful practice under this Section 8.
(3.) It shall be an unlawful practice for the City of the
Cambridge School Department, or any of their agencies, departments,
subdivisions, or employees to discriminate against any person in the
provision of services, facilities, employment, housing or real estate
transactions, education, or other opportunities because of the race,
color, sex, age, religious creed, disability, national origin or
ancestry, sexual orientation, marital status, family status, military
status, or source of income of such person.
(4.) It shall be an unlawful practice for the City of the
Cambridge School Department, or any of their agencies, departments,
subdivision, or employees to commit any act prohibited in this Ordinance
which would be unlawful if committed by a private person.
(5.) It shall be an unlawful practice to deny any person or group
equal access to city services in employment, housing, education,
recreation, or other areas where such denial is based on limited English
language skills.
(6.) It shall be an unlawful practice for an employer directly or
indirectly to refuse to hire or employ or to bar or to discharge from
employment, training, or apprenticeship or to discriminate against any
individual in compensation or in the terms, conditions, or privileges of
employment, training, or apprenticeship, because of the race, color, sex
age, religious creed, physical handicap, national origin or ancestry,
sexual orientation, marital status, family status, military status, or
source of income of such individual, unless based on a *bona fide*
occupational qualification. An employer who asserts that a
discriminatory practice is justified because of a *bona fide*
occupational qualification that has not been certified as such by the
Commission or by the Massachusetts Commission Against Discrimination
under Chapter 151B of the Massachusetts General Laws, shall have the
burden of showing i) that the discrimination is in fact a necessary
result of a *bona fide* occupational qualification, and ii) that there
exists no less discriminatory means of satisfying the occupational
qualifications.
The following practices shall be exempt from the operation of this
Section:
a. Employment practices of an employer of fewer than six (6)
persons.
b. Employment of an individual by his or her parent, child, or
spouse.
c. Employment by a religious institution of individuals
performing a service related to a *bona fide* religious purpose.
d. Employment of an individual for work within the home of the
employer.
e. Employment of an individual for the rendering of services
to the person of the employer or his or her family.
The following practices shall not be deemed unlawful:
f. Employment programs designed to effect affirmative action
by giving special preference to women, racial minorities, or veterans
provided that such employment programs shall not discriminate among
women, racial minorities, or veterans on the basis of other
discriminatory criteria as set forth in Section 9E (4) hereof.
g. Employment limited to the elderly or disabled, provided
that such employment shall not discriminate among the elderly or
disabled on the basis of other discriminatory criteria as set forth in
Section 9E (4) hereof.
h. Observance by an employer of the conditions of a *bona
fide* employee benefits system or plan (including, but not limited to, a
contractual seniority system), provided that no such system or plan
shall provide an excuse for failure to hire any individual.
(7.) It shall be an unlawful practice for any employment agency
directly or indirectly to fail or refuse to classify properly or refer
for employment or otherwise discriminate against any individual because
of the race, color, sex, age, religious creed, disability, national
origin or ancestry, sexual orientation, marital status, family status,
military status, or source of income of such individual. An employment
agency that specializes in the recruitment and placement of elderly or
disabled employees shall be exempt from the operation of this Section
with respect to such specialized services, provided that such services
shall no discriminate among the elderly or disabled on the basis of
other discriminatory criteria as set forth in Section 9E (4) hereof.
(8.) It shall be unlawful practice for a labor organization
directly or indirectly to refuse to admit to membership, training,
apprenticeship, or classification or to otherwise discriminate against
any individual because of the race, color, sex, age, religious creed,
disability, national origin or ancestry, sexual orientation, marital
status, family status, military status, or source of income of such
individual.
(9.) It shall be an unlawful practice for an employer, employment
agency, or labor organization directly or indirectly to advertise or
otherwise publicize that any individual is unwelcome or not employable
because of the race, color, sex, age, religious creed, disability,
national origin or ancestry, sexual orientation, marital status, family
status, military status, or source of income of such individual, unless
based on a *bona fide* occupational qualification or one of the
exceptions set forth in Sections *A(6), 8A(7), or 8A(8).
(10.) It shall be an unlawful practice for any person directly or
indirectly to refuse to engage in a real estate transaction with any
person or set discriminatory terms or conditions with respect to a real
estate transaction with any person or to advertise or otherwise
publicize that any person is unwelcome or may not enter into a real
estate transaction because of the race, color, sex, age, religious creed,
disability, national origin or ancestry, sexual orientation, marital
status, family status, military status, or source of income of such
person or of a person residing with such person.
This section does not create an affirmative duty to remove barriers for
the disabled in excess of the requirements of existing laws and
ordinances, but reasonable accommodation shall be made to enable the
provision of housing for a handicapped person.
The following practices shall be exempt from the operation of this
Section:
a. The leasing or renting of a room or rooms within a
dwelling or apartment which is occupied by the lessor as his or her
residence and in which the roomer or boarder must pass through the space
or a portion thereof occupied by such lessor in order to gain access to
the room or rooms thus let or rented.
b. The leasing or renting of a single apartment in a
two-family dwelling, the other residential unit of which is occupied by
the lessor as his or her residence.
c. The leasing, rental, or other provision with or without
fee or space within a church, temple, synagogue, religious school, or
other facility used primarily for religious purposes.
The following practices shall not be deemed unlawful:
d. The establishment of government-sponsored housing
programs operated wither directly by government agencies or indirectly
through government subsidization and regulation, which programs are
designed to assist the elderly, disabled or economically disadvantaged
individuals, provided that such programs shall not discriminate among the
elderly, disabled, or economically disadvantaged on the basis of other
discriminatory criteria as set forth in Section 9E(4) hereof.
e. The establishment of housing set aside for or limited to
the elderly or disabled, provided that such establishment shall not
discriminate among the elderly or disabled on the basis of other
discriminatory criteria as set forth in Section 9E(4) hereof.
f. The establishment of same-sex dormitories or portions
thereof by educational facilities, provided that such establishment
shall not discriminate on the basis of other discriminatory criteria as
set forth by Section 9E(4) hereof.
g. The establishment of a hospital, convent, monastery,
shelter, asylum, or residential facility for the care and lodging of
persons in need of special medical, rehabilitative, social, or
psychological support, including, but not limited to half-way houses,
drug treatment centers, detoxification facilities, shelters for the
homeless, and the like.
(11.) It shall be an unlawful practice for any bank, financial
institution, or any other credit-granting or -approving institution or
person, including a retail store that sells goods or services on credit,
directly or indirectly to discriminate in the granting, reporting,
approval, or extension of any form of loan or credit to any person
because of the race, color, sex, age, religious creed, disability,
national origin or ancestry, sexual orientation, marital status, family
status, military status, or source of income of such person. It shall
not be an unlawful practice under this Section to establish or review
the creditworthiness of any person seeking information relevant to such
creditworthiness as amount and source of income, age, employment
history, credit references, and the number and age of dependents.
(12.) It shall be an unlawful practice for any insurance company,
insurance agent, or person engaged in the service of providing insurance
to refuse to insure any person or discriminate in the terms of insuring
any person because of the race, color, sex, age, religious creed,
disability, national origin or ancestry, sexual orientation, marital
status, family status, military status, or source of income of such
person, unless based on a *bona fide* actuarially determined insurance
factor, such as the age or health of the person, that affects the risk
for which insurance is being sought.
In accordance with Federal court cases, it if the intention of this
section that actuarial data be gender-neutral.
(13.) It shall be an unlawful practice for any bonding institution
or person engaged in the service of providing financial and performance
bonds to refuse to bond any person or discriminate in the terms of
bonding because of the race, color, sex, age, religious creed,
disability, national origin or ancestry, sexual orientation, marital
status, family status, military status, or source of income of such
person.
(14.) It shall be an unlawful practice for any educational
facility directly or indirectly to fail or refuse to admit, or to
curtail or terminate admission to, or to discriminate in the terms or
conditions of educational services, programs, opportunities, or
curriculum offered by it to any person because of the race, color, sex,
age, religious creed, disability, national origin or ancestry, sexual
orientation, marital status, family status, military status, or source
of income of such person.
The following practices shall not be deemed unlawful:
a. The establishment by an educational facility of minimum or
maximum age requirements for any educational program, provided that such
establishment shall not discriminate among the potential students on the
basis of other discriminatory criteria as set forth in Section (E(4)
hereof.
b. The selection of students by a religious educational
facility that is limited exclusively or gives preference to members of
such religion, provided that such selection shall not discriminate on
the basis of other discrimination criteria as set forth by Section 9E(4)
hereof.
c. The maintenance or establishment by an educational
facility of a school or program limited to members of only one sex or
otherwise segregated by sex, provided that such facility shall not
discriminate among the members of such sex of the basis of other
discriminatory criteria as set forth by Section 9E(4) hereof.
d. Educational programs or policies designed to effect
affirmative action by giving special preference to women, racial
minorities, or veterans, provided that such programs or policies shall
not discriminate among women, racial minorities, or veterans on the
basis of other discriminatory criteria as set forth in Section 9E(4)
hereof.
e. The establishment by an educational facility of special
programs designed to assist or provide special training for the disabled,
the elderly, individuals not fluent in English, or the economically
disadvantaged. Provided that such selection shall not discriminate
among the disabled, elderly, individuals not fluent in English, or the
economically disadvantaged on the basis of other discriminatory
criteria as set forth in Section (E(4) hereof.
(15.) It shall be an unlawful practice for any person directly or
indirectly to withhold, deny, curtail, or in any manner limit the full
use of a public accommodation by any person, or discriminate against such
person with respect to the use of such accommodation, because of the race,
color, sex, age, religious creed, disability, national origin or
ancestry, sexual orientation, marital status, family status, military
status, or source of income of such person.
It shall be an unlawful practice for any person directly or indirectly
to advertise or otherwise publicize that any person is unwelcome to the
full use of any public accommodation because of the race, color,
disability, or source of income of such person.
The following practices shall not be deemed unlawful:
a. The designation of a public accommodation for the
exclusive or preferential use of the elderly or the disabled.
b. The designation of a restroom or of a privately-owned
athletic or exercise facility for the exclusive or preferential use of
members of a single sex.
c. The advertisement of a public accommodation as being for
the preferential use of persons of a particular sex, age, religious
creed, national origin or ancestry, sexual orientation, marital status,
family status, or military status, provided such preference is not
advertised or implied to be a requirement for entry or use of such
public accommodation.
(16.) It shall be an unlawful practice for any person to harass,
intimidate, threaten, assault, or otherwise discriminate against any
person in or upon any public accommodation because of the race,
color, sex, age, religious creed, disability, national origin or
ancestry, sexual orientation, marital status, family status, military
status, or source of income of such person, or attempt to do so.
(17.) It shall be unlawful practice for any person to commit any
act forbidden by this Ordinance for any reason that would not have been
asserted, wholly or partially, but for the race, color, sex, age,
religious creed, disability, national origin or ancestry, sexual
orientation, marital status, family status, military status, or source
of income of any person.
(18.) It shall be an unlawful practice for any person to aid, abet,
incite, compel, coerce, or conspire to the commission of any of the acts
forbidden by this Ordinance or to attempt to do so.
(19.) It shall be unlawful practice for any person to discharge,
expel, evict, harass, retaliate in any manner or otherwise take action
against any person because such person has opposed any act forbidden by
this Ordinance or because such person has filed a complaint, testified,
or assisted in any proceeding under this Ordinance.
B. The Commission shall work cooperatively with federal, state, and
city agencies, including, but not limited to the School Department and
the Massachusetts Commission Against Discrimination, in developing
materials, workshops, public presentations, and other educational
resources designed to eliminate prejudice, intolerance, bigotry, and
discrimination and to enlist the cooperation of the various racial,
religious, and ethnic groups, civic and community organizations, labor
organization, fraternal and benevolent organizations and other groups to
further the intent and purposes of this Ordinance.
C. The function of the Commission shall be to implement the policy of
this Ordinance by receiving and investigating complaints of
discrimination initiating its own investigations of discrimination,
mediating complaints, holding hearings, and presenting findings to the
City Manager and/or government agencies such as the Massachusetts
Commission Against Discrimination or the courts.
The Commission shall exercise its authority through the following powers
and duties:
(1.) To receive and investigate complaints and to initiate its own
own investigations of violations of this Ordinance.
(2.) To transmit for filing with other government agencies copies
of any and all complaints filed with the Commission, or which the
Commission is otherwise aware, that relate to acts of discrimination
under the jurisdiction of such agencies.
(3.) To attempt by mediation to resolve any discrimination
complaint over which it has jurisdiction and to recommend to all
appropriate government agencies such action as it feels will resolve any
such complaint and, if deemed expedient, to hold hearings, summons,
witnesses, compel their attendance, administer oaths, take the testimony
of any person under oath and in connection therewith to require the
production of any relevant evidence. The power to summons witnesses as
herein defined shall be limited to those powers and procedures set forth
in Chapter 233, Section 8 of the Massachusetts General Laws. At any
hearing before the Commission, or any committee thereof, a witness shall
have the right to be advised and represented by counsel present during
any such hearing.
(4.) With respect to complaints not resolved by mediation, to file
a complaint or report of its findings and recommendations with any court
or government agency having jurisdiction over the matter in question; to
seek or apply remedies as enumerated in Section 8D below; and in all
cases urging and using its best efforts to bring about compliance with
its recommendations.
(5.) To seek or accept grants, gifts, or bequests to help finance
its activities.
D. (1.) Any person or class of persons claiming to be aggrieved by an
alleged violation of this Ordinance may make, sign, and file with the
Commission a verified complaint in writing which shall state the name
and address of the person alleged to have committed such violation and
the particulars and other such information as may be required by the
Commission. The Commission may also on its own motion issue a
complaint, whenever it has reason to believe that any person has engaged
in an unlawful practice in violation of the Ordinance.
No complaint shall be considered unless it is filed within one hundred
eighty (180) days after the occurrence of the alleged unlawful practice,
or unless it has been referred to the Commission by the Massachusetts
Commission Against Discrimination after having been timely filed with
either or both agencies.
The filing of a complaint, the failure to file a complaint, or the
dismissal of a complaint by the Commission shall not bar the complainant
from seeking relief by means of a civil action filed in the Cambridge
District Court, or the district court for the judicial district in which
the respondent resides, or an other court of competent jurisdiction.
Not shall finding or failing to file a complaint with other federal,
state, or city agencies or courts bar the complainant from seeking
relief through the Commission.
(2.) After the filing of any complaint, the Chairperson of the
Commission shall designate the Executive Director or one or more of the
Commissioners to oversee a prompt investigation thereof with the
assistance of the staff of the Commission.
If such Commissioner(s) determine after such investigation that no
probable cause exists for crediting the allegations of the complaint,
they shall promptly file a report of such findings with the Commission,
which shall determine whether or not to dismiss the complaint. The
Commission shall, within ten days from such determination, notify the
complainant in writing of such determination.
If such Commissioner(s) determine after such investigations that
probable cause does exist for crediting the allegations of the complaint
or if the Commission so determines, notwithstanding a negative report
from such Commissioner(s), the Commission shall forthwith endeavor by
conference, conciliation, and persuasion to eliminate the unlawful
practice. The Commission and its staff shall not disclose what has
occurred in the course of such endeavors except to disclose the terms of
conciliation when the complaint has been disposed of in this manner.
(3.) In the case of failure to eliminate an alleged unlawful
practice by the process of mediation or after ninety (90) days
have passed from commencement of mediation, or if probable cause
exists that a conciliation agreement has been violated, the
Commission shall issue and serve in its name a written notice,
together with a copy of the complaint, requiring the person named
in the complaint (hereinafter called "the respondent") to answer
the charges of the complaint at a hearing of the Commission at a
reasonable time and place specified in such notice. The
respondent may file a written verified answer to the complaint
and appear at such hearing in person, with or without counsel,
and submit testimony. The Commission may designate a staff
member to present evidence on behalf of the complainant or may
permit the complainant to do so himself or herself or by counsel.
The Commission shall not be bound by the strict rules of evidence
prevailing in courts of law or equity. The testimony taken at
the hearing shall be under oath and recorded, and shall be
transcribed at the request of any party.
(4.) If , upon all the evidence, the Commission shall find
that a respondent has not engaged in any unlawful practice or
violation of this Ordinance, the Commission shall state its
findings of fact and shall issue and cause to be served on the
complainant an order dismissing the said complaint as to said
respondent.
If, upon all the evidence, the Commission shall find that a
respondent has engaged in any unlawful practice or violation of
this Ordinance, the Commission shall state its findings of fact
and shall forthwith seek relief through one or more of the
following actions:
a. File a criminal complaint against the respondent
in the Cambridge District Court or in the district court for the
judicial district in which the respondent resides, seeking fines
of up to Three Hundred Dollars ($300), or the maximum under State
law, for each violation.
b. Levy a fine on its own motion of up to Three
Hundred Dollars ($300), or the maximum under State law, for each
such violation.
c. File a complaint against the respondent in
Superior Court seeking injunctive relief, including a temporary
restraining order; or
d. File a complaint against the respondent in a court
of appropriate jurisdiction seeking the award to the complainant
of damages, expenses, punitive damages, and other relief, as
appropriate.
The Commission may be represented in court by the City Solicitor
or by its own attorneys.
9. A. Any practice that by design or effect discriminates against
individuals, because of race, color, sex, age, religious creed,
diability, national origin or ancestry, sexual orientation,
marital status, family status, military status, or source of
income is of public concern, as such discrimination creates
strife, hostility and unrest, threatens or impairs the rights and
privileges of individuals and deprives individuals of the
benefits of a free and open society. Discrimination that
deprives individuals of equal opportunities is unjust and results
in serious injury to the public safety, health, and welfare of
this City.
Accordingly, it is the policy of the City of Cambridge to
safeguard the equal opportunities of all individuals in the City
in accordance with their abilities, regardless of their race,
color, sex, age, religious creed, disability, national origin or
ancestry, sexual orientation, marital status, family status,
military status, or source of income and to prevent
discrimination against such individuals in the provision of city
services and in employment, housing and real estate, education,
credit, bonding, insurance, and public accommodations.
Further, it is the policy of the City to encourage harmony and
mutual respect among its inhabitants and visitors and to reduce
tensions and strife caused by discrimination.
B. The provisions of this Ordinance shall be construed
liberally for the accomplishment of the purposes hereof, and any
ordinances of portions thereof inconsistent with any provisions
hereof shall not apply.
This Ordinance shall be deemed an exercise of the police power of
the City of Cambridge for the protection of the public safety,
health, prosperity, and welfare.
C. Nothing herein shall be construed to limit civil rights
granted or hereinafter afforded by the laws of the federal
government or of this Commonwealth.
Nothing in this Ordinance shall be deemed to exempt or relieve
any person from any liability, duty, penalty, or punishment
provided by any present of future law of the Commonwealth of
Massachusetts or the United States, other than any such law which
purports to require or permit the doing of any act which would be
unlawful under this Ordinance.
Any remedies provided by this ordinance shall be cumulative with
any other remedies provided by local, state, or federal law.
D. Should any Section, provision, paragraph, sentence, or word
of this Ordinance be declared by a court of competent
jurisdiction to be invalid, that decision shall not affect the
validity of the Ordinance as a whole, or any part thereof other
than the portion so declared to be invalid.
E. As used in this Ordinance,
(1.) The term "age" shall mean the actual or supposed
chronological age of an individual eighteen (18) years or older.
(2.) The term "*bona fide* educational qualification" shall
mean a valid consideration of race, color, sex, age, religious
creed, disability, national origin or ancestry, sexual
orientation, marital status, family status, military status, or
source of income that is a requirement for employment and has
been certified as such by the Cambridge Human Rights Commission
(herein referred to as "the Commission") or by the massachusetts
Commission Against Discrimination under Chapter 151B of the
Massachusetts General Laws.
(3.) The term "disability" shall mean any actual or
supposed physical or mental handicap of an individual, other than
the state of being presently legally incompetent.
(4.) The term "discrimination" shall mean a policy or
practice that by design or effect segregates, creates unequal
status, separates, or has a disproportionate impact on the basis
of race, color, sex, age, religious creed, disability, national
origin or ancestry, sexual orientation, marital status, family
status, military status, or source of income.
(5.) The term "educational facility" shall mean any person,
whether organized for profit or not-for-profit, that holds itself
out to the public as providing instruction in the arts, sciences,
trades, or any other area of learning.
(6.) The term "family status" shall mean the actual or
supposed condition of having minor children living with the
individual or not.
(7.) The term "real estate transaction" shall mean any
intercourse among any persons that involves a building, structure
or portion thereof, or parcel of land, developed or undeveloped,
whether privately owned or owned by a public agency, including
the design, construction, alteration, repair, sale, lease,
sublease, mortgage, rental, or other provision, term, or offer of
the same.
(8.) The term "labor organization" shall mean any
association, regardless of its form of organization, of employees
or persons involved in similar trades or industries for the
purpose of collective bargaining, resolving grievances in the
terms and conditions of employment, or any other mutual aid or
protection.
(9.) The term "marital status" shall mean the actual or
supposed state of being or having been married, separated, or
divorced, or not.
(10.) The term "military status" shall mean the actual or
supposed condition of being or having been in the service of the
military, or not.
(11.) The term "public accommodation" shall mean any place
or site, business or other establishment, or medium of
communication, whether owned privately or by a public agency,
that is intended for the patronage or use or convenience, whether
for a charge or fee or not, of the general public, including but
not limited to, inns, hotels, motels, roadhouses, trailer parks,
campsites, any place where food or beverage is sold, retail
stores, shopping malls, dispensaries, clinics, hospitals, rest
homes, nursing homes, hospices, physicians' offices or other
medical facilities, rest rooms, bathhouses, parks, public
grounds, gardens, theaters, lecture halls, newspapers and
magazines and other publications, barber shops, beauty parlors,
motion picture houses, music halls, bowling alleys, amusement
parks and arcades, skating rinks, ballparks, billiard and pool
parlors, recreations parks, fairs, golf courses, gymnasiums,
health clubs, shooting galleries, art galleries, libraries,
laundries, garages, all public conveyances whether owned
privately or by a public agency, transportation terminals and
stations, public portions of buildings accommodating the public,
clubs, societies, and social associations that are public or
quasi-public, banks, finance companies, insurance companies,
streets, and parking lots.
Nothing contained herein shall be construed to include or apply to
any place of accommodation that is by its nature distinctly
private, provided that where public use is permitted that use
shall be covered by this section and further provided, that an
establishment that has membership requirements but otherwise
qualifies as a public accommodation shall be deemed a public
accommodation for the purpose of this Ordinance if its membership
requirements: i) consist only of the payment of fees or dues;
ii) consist of requirements under which a substantial portion of
the residents of or visitors to this city could qualify; or iii)
consist primarily of a discrimination or exclusion based upon
race, color, sex, age, religious creed, disability, national
origin or ancestry, sexual orientation, marital status, family
status, military status, or source of income.
(12.) The term "religious creed" shall mean the actual or
supposed faith, belief, or moral philosophy of an individual or
the lack thereof.
(13.) The term "sexual orientation" shall mean actual or
supposed heterosexuality, homosexuality, or bisexuality.
(14.) The term "source of income" shall mean the actual or
supposed manner or means by which an individual supports himself
or herself and his or her dependents, excluding the use of
criminal activities as a means of support.