Flagstaff now has an ordinance that prohibits discrimination against a person because of their sexual orientation or gender identity. “The class” is sometimes referred to as LGBT, which stands for Lesbian, Gay, Bisexual and Transgender. Does this new ordinance apply to your business? What does it mean?
There are two distinct areas of the ordinance. One is discrimination in regard to hiring employees. The other is in regard to discrimination when serving the public.
Employment Issues
The ordinance prohibits an employer from discriminating against someone in “the class” in regard to hiring or firing. However, the ordinance does not apply to every business.
The ordinance applies to your business if you have “15 or more employees in the City of Flagstaff.” First, you have to have a business operating within the city. Second, you have to have 15 or more employees working in the city. If you have 10 employees in Flagstaff and 10 in your Sedona office, the ordinance does not apply to you.
If the ordinance applies to your business, you cannot make your decision about who to hire or fire based on a person’s sexual preference or gender identity. You can have a dress code. You can require men to dress a certain way and women to dress a certain way.
Public Accommodation
The ordinance prohibits public accommodation businesses from discriminating against the class in providing certain services to the public. Public accommodation businesses are hotels, food services, bars, theatres, bowling alleys, retail stores, transportation and funerals. Some examples – a taxi cannot refuse a ride to a man for the sole reason he is gay; a bar or restaurant cannot refuse to serve a table of women for the sole reason they may be lesbians. Nor could a pool hall post a sign saying, “No bisexuals allowed.” Also, a business cannot deny service to heterosexuals.
The ordinance does not apply to professional services such as doctors, lawyers, engineers or masseuses.
Enforcement
What happens if someone accuses you of violating this law? The person has to file a complaint with the city manager within 90 days of the event. The city manager does a review to see if it is timely and (if true) a proper complaint has been made. You are sent a copy of the complaint and you can send a response if you want. The matter is referred to a mediator to see if a resolution can be made. You do not have to participate if you choose not to.
Then an investigator is assigned to…investigate. The investigator sends a report to the city attorney who decides whether or not to file a complaint in city court. If a complaint is filed, you can request a trial.
If, at the end of the day, you are found by the court to have violated the ordinance, you can be fined up to $500. You cannot be found guilty of a crime. You cannot be sent to jail. This is not a criminal ordinance.
Also, the ordinance specifically does not give the complainant a basis to sue you for damages or lost wages or anything else.
The enforcement goal of the ordinance is to get cooperation and understanding where needed. FBN