Sec. 18-4. Prohibited acts.
A. Discrimination in employment.
1. Nothing contained in this article shall be interpreted to require that the less qualified be preferred over the better qualified because of race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability.
2. It is an unlawful employment practice for an employer:
a. To fail or refuse to hire or to discharge or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual’s race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability.
b. To fail to pay equal compensation to men and women who perform jobs that require substantially equal skill, effort, and responsibility, and that are performed within the same establishment under similar working conditions, except where such payment is made pursuant to: (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex. An employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.
c. To limit, segregate or classify employees or applicants for employment in any way that would deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of such individual’s race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability.
d. To retaliate, coerce, intimidate, threaten, or interfere with any person in the exercise of or enjoyment of any right granted or protected by this article, or on account of his or her having exercised or enjoyed, or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article, including disclosure of compensation to other employees or any third party.
e. To discriminate against any individual because of such individual’s race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability in admission to or employment in any apprenticeship or other training or retraining programs, including on-the-job training programs.
3. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of such individual’s race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability.
4. It is an unlawful employment practice for a labor organization:
a. To exclude or to expel from its membership or otherwise to discriminate against any individual because of such individual’s race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability.
b. To limit, segregate or classify its membership or applicants for membership or to fail or refuse to refer for employment or otherwise discriminate against or adversely affect an individual’s status as an employee or as an applicant for employment because of such individual’s race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability.
c. To cause, or attempt to cause, an employer to discriminate against an individual in violation of this section.
d. To coerce, intimidate, threaten or interfere with any person in the exercise of or enjoyment of, or having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article.
e. To discriminate against any individual because of such individual’s race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability in admission to or employment in any apprenticeship or other training or retraining programs, including on-the-job training programs.
5. In addition to the provisions contained in subsections A.1 through 4 of this section, it is an unlawful employment practice for employers that are vendors, suppliers, or contractors doing business with the City of Phoenix which employ more than 35 persons:
a. To fail or refuse to hire or to discharge or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual’s sexual orientation or gender identity or expression.
b. To limit, segregate or classify employees or applicants for employment in any way that would deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of such individual’s sexual orientation or gender identity or expression.
c. To coerce, intimidate, threaten or interfere with any person in the exercise of or enjoyment of any right granted or protected by this article, or on account of his or her having exercised or enjoyed, or having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this article.
d. To discriminate against any individual because of such individual’s sexual orientation or gender identity or expression in admission to or employment in any apprenticeship or other training or retraining programs, including on-the-job training programs.
6. With respect to employment, disability discrimination includes:
a. Failure to engage in the interactive process;
b. Failure to provide a reasonable accommodation; or
c. Utilizing qualifications, standards, or other selection criteria that screen out disabled individuals unless the criteria are job related and consistent with business necessity.
7. It is an unlawful practice for any person to aid, abet, incite, compel or coerce any employer to commit an act prohibited under this article.
8. Exemptions. Notwithstanding any other provisions of this chapter, it is not an unlawful employment practice:
a. For an employer to hire and employ employees; for an employment agency to classify or refer for employment any individual; for a labor organization to classify its membership or classify or refer for employment any individual; or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining program to admit or employ any individual in any such program, on the basis of the individual’s race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, or disability, in those certain instances when race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity or expression, or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
b. For a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is in whole or in substantial part owned, supported, controlled or managed by a particular religion or religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution of learning is directed toward the propagation of a particular religion as long as the position in question is one whose purpose is to further the propagation of that religion.
c. For an employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority system, merit system, or any other 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 because of race, color, religion, sex, national origin, age, genetic information, marital status, sexual orientation, gender identity or expression, or disability.
d. For an employer to use marital status as a factor in determining eligibility for participation in employee benefit programs.
9. Religious exemptions. Notwithstanding any other provision of this chapter, the prohibitions concerning marital status, sexual orientation, or gender identity or expression shall not apply to bona fide religious organizations. The provisions of this chapter prohibiting discrimination on the basis of marital status, sexual orientation, or gender identity or expression shall not be construed to prohibit or prevent any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised, or controlled by or in connection with a religious organization, from giving preference to persons of the same religion or denomination or from taking any action with respect to matters of employment which is calculated by the organization to promote the religious principles for which it is established or maintained.
B. Discrimination in public accommodations.
1. Discrimination in places of public accommodation against any person because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability is contrary to the policy of the City of Phoenix and shall be deemed unlawful.
2. No person shall, directly or indirectly, refuse, withhold from, or deny to any person, or aid in or incite such refusal, denial or withholding of, accommodations, advantages, facilities or privileges thereof because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability nor shall distinction be made with respect to any person based on race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability in connection with the price or quality of any item, goods or services offered by or at any place of public accommodation.
3. It is unlawful for any owner, operator, lessee, manager, agent or employee of any place of public accommodation to directly or indirectly display, circulate, publicize or mail any advertisement, notice or communication which states or implies that any facility or service shall be refused or restricted because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability or that any person, because of race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability would be unwelcome, objectionable, unacceptable, undesirable or not solicited.
4. Exemptions.
a. Notwithstanding any other provision of this chapter, the prohibitions concerning marital status, sexual orientation, or gender identity or expression shall not apply to bona fide religious organizations. The provisions of this section prohibiting discrimination on the basis of marital status, sexual orientation, or gender identity or expression shall not be construed to prohibit or prevent any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, which is operated, supervised, or controlled by or in connection with a religious organization, from taking any action which is calculated by the organization to promote the religious principles for which it is established or maintained.
b. Notwithstanding any other provisions of this chapter, the prohibitions concerning disability shall not require modifications:
(1) That would create an undue burden or are otherwise not easily accomplished and able to be carried out without significant difficulty or expense;
(2) That would fundamentally alter the nature of the goods or services provided by the public accommodation; or
(3) That would pose a direct threat to the health or safety of others that cannot be mitigated by the appropriate modifications in the public accommodation’s policies or procedures. (Ord. No. G-1121, § 1; Ord. No. G-1759, § 2; Ord. No. G-1900, § 1; Ord. No. G-3557, § 1; Ord. No. G-3558, § 1; Ord. No. G-5553, § 1, 2010; Ord. No. G-5600, § 1, 2011; Ord. No. G-5780, 2013; Ord. No. G-6022, 2015)