Municipal Code, Complete - City of Santa Barbara

9.132.060 Medical Services.
It shall be unlawful for any paid or unpaid professional, or medical establishment, or institution, public or private,
to deny any person full and equal medical services, advantages or accommodations based upon the grounds that such
person has AIDS, ARC or HIV infection. (Ord. 4758, 1992.)
9.132.070 City Facilities and Services.
A. It shall be unlawful to deny any person the full and equal enjoyment of, or to impose less advantageous
terms, or restrict the availability of, the use of any City facility or participation in any City funded or supported
service or program on the grounds that such person has AIDS, ARC or HIV infection.
B. Nothing in this Section shall:
1. Apply to any facility, service or program which does not receive any assistance from the City and which
is not open to or provided to the public generally;
2. Restrict services or programs specifically designed for persons with AIDS, ARC or HIV infection. (Ord.
4758, 1992.)
9.132.080 Employment.
A. It shall be unlawful:
1. For an employer:
a. To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person
with respect to compensation, terms, conditions, or privileges of employment, on the basis that such person has
AIDS, ARC or HIV infection; or
b. To limit, segregate, or classify employees or applicants for employment in any way which would
deprive or tend to deprive any person of employment opportunities or otherwise adversely affect any person's status
as an employee, on the basis that such person has AIDS, ARC or HIV infection.
2. For an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against,
any person, or to classify or refer for employment any person on the basis that such person has AIDS, ARC or HIV
infection.
3. For a labor organization:
a. To exclude or to expel from its membership or otherwise to discriminate against, any person on the
basis that such person has AIDS, ARC or HIV infection;
b. To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or
refuse to refer for employment any person, in any way which would deprive or tend to deprive any person of
employment opportunities, or would limit such employment opportunities or otherwise adversely affect a person's
status as an employee or as an applicant for employment, on the basis that such person has AIDS, ARC or HIV
infection; or
c. To cause or attempt to cause an employer to discriminate against any person in violation of this
Section.
4. For any employer, labor organization, or joint labor-management committee controlling apprenticeship
or other training or retraining, including on-the-job training programs, to discriminate against any person on the basis
of AIDS, ARC or HIV infection in admission to, or employment in, any program established to provide
apprenticeship or other training.
B. Notwithstanding any other provision of this Chapter, it shall not be unlawful:
1. For an employer to hire, employ, discharge, retire and reassign employees, for an employment agency to
classify, or to refer for employment any person, for a labor organization to classify its membership or to classify or
refer for employment any person, or for any employer, labor organization, or joint labor-management committee
controlling apprenticeship or other training or retraining programs to admit or employ any person in any such
program, on the basis that such person has AIDS, ARC or HIV infection in those certain instances where the
employer can show that the absence of AIDS, ARC or HIV infection is a bona fide occupational qualification
reasonably necessary to the normal operation of that particular business or enterprise.
2. For an employer to apply different standards of compensation, or different terms, conditions, or
privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by
quantity or quality of production or to employees who work in different locations, provided that such differences are
not the result of an intention to discriminate against a person on the basis that such person has AIDS, ARC or HIV
infection.
3. For an employer to give and to act upon the results of any professionally developed ability test provided
that such test, its administration or action upon the results of such tests is not designed, intended or used to
discriminate against a person on the basis that such person has AIDS, ARC or HIV infection.
(Ord. 4758, 1992.)
227-4 rev. 6/30/06