§ 12-4-7. Health and social service practices.

(a)

Private health and social services practices. It shall be unlawful for any private health or social service agency:

(1)

to discriminate against any person by refusing, denying or withholding from him or her any of the services, programs, benefits, facilities or privileges of any health and social program or service, or to discriminate in the quality of services offered through such programs because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability;

(2)

to discriminate against any person, in the setting of rates or charges for any of the services, programs, benefits, facilities or privileges of any agency because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability; or

(3)

to discriminate against any person by communicating, publishing, advertising or representing that any of the services, programs, benefits, facilities or privileges of any health or social service agency are withheld from or denied to any person because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability.

(b)

Exceptions. Nothing in subsection (a) of this section shall apply to any health or social service or practice:

(1)

that reasonably relates only to a particular sex, religion, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability;

(2)

with respect to which sex, religion, national origin, marital status, age, sexual orientation, gender identity, transgender status or disability is usually and normally considered an essential qualification or requirement for such service.

(c)

Public health and social services practices. The commission is hereby authorized to conduct studies, hold hearings and review the policies and practices of any public health and social service agency with respect to the provisions in subsection (a) of this section. The commission shall report its findings to the city council and city manager and may, at its discretion, enter into negotiations with any such agency, other than a city agency, to rectify any discriminatory policies or practices that may exist. In the case of a city agency, the commission may, at its discretion, develop with the city manager a plan to rectify any discriminatory policies or practices that may exist.

(d)

Public health or social service agencies.

(1)

No qualified person with a disability shall, because a public health or social service agency has facilities which are inaccessible to or unusable by persons with a disability, be denied the benefits of, be excluded from participation in or otherwise be subjected to discrimination under any program or activity provided by such public health and social service agencies.

(2)

Any existing public health or social service facility shall be made accessible to persons with a disability by making structural changes or by other means such as redesign of equipment, reassignment of services to accessible buildings or alternate sites, assignment of aides to persons with a disability, providing home visits or other appropriate methods. (Code 1963, Sec. 18A-7; Ord. No. 2517, 10/14/80, Sec. 6; Ord. No. 3128, 5/17/86, Sec. 3; Ord. No. 3328, 10/15/88, Sec. 5; Ord. No. 3498, 2/23/91, Sec. 6; Ord. No. 4549, 6/14/08, Sec. 6; Ord. No. 5258, 12/14/19, Sec. 1)