§ 460-2.014. Health and safety exception—Affirmative defenses.

(a)

The affirmative defenses described herein shall be applicable to Sections 460-2.008 through 460-2.014 inclusive of this chapter. In any action brought under Sections 460-2.008 through 460-2.014 of this chapter, if a party asserts that an otherwise unlawful discriminatory practice is justified as necessary to protect the health or safety of a person who has AIDS or associated conditions or the health and safety of the general public, that party may establish a defense by proving:

(1)

That the discriminatory act is necessary to avoid an actual risk to the person who has AIDS or associated conditions, or to others; or

(2)

That the discriminatory act is necessary to avoid a danger to others significantly greater than that posed by persons without AIDS.

(b)

Nothing in this chapter shall be construed to prohibit any act which is specifically authorized by the laws or regulations of the state of California or the United States government.

(Ord. 89-35 § 1)