Non-Discrimination Ordinance

What is a discrimination complaint?

A discrimination complaint is a complaint submitted by a person when they believe that they have been discriminated against on the basis of their race, color, ethnicity, national origin, disability, age, religion, sex, sexual orientation, gender, gender identity, veteran status, marital status or familial status.

In order to be protected by the NDO, a discrimination complaint must be in the areas of employment, housing or public accommodation within the Mesa city limits. It applies to employers with five or more employees; owners and renters of dwellings with certain limited exclusions; places of public accommodation, as defined in the ordinance; and labor organizations. It also applies to the City of Mesa’s facilities, employees, contractors, and vendors.

For example, a business is not permitted to deny any person the full and equal enjoyment of the business’s goods, services, facilities, privileges, advantages, and accommodations based on the protected classes. A business is also not permitted to exclude, refuse to provide services, offer lesser services, or disadvantage a person because of any of the protected classes of the ordinance.

Mesa's NDO

What are protected classes?

Protected classes are groups of people which cannot be targeted for discrimination. There are 14 protected classes in the non-discrimination ordinance (NDO): race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran status, marital status, or familial status.

What are “places of public accommodation”?

A place of public accommodation is a facility, establishment, accommodation, service or commodity or use offered to or enjoyed by the general public. Some examples are hotels, restaurants, bars, retail establishments and movie theaters.

To refer to the full list of public accommodations under the NDO.

How can I submit a discrimination complaint?

Individuals may submit a complaint online, by mail, or in person.

Discrimination Complaint Form

Are there any costs or fees for filing a complaint of discrimination?

No, there are no costs or fees associated with filing a complaint of discrimination.

Is my complaint and other filed documents public record?

Yes, complaints and associated documents filed with us are presumptively public records. In the event of a public records request, any documents deemed public records are carefully screened prior to disclosure to determine if any information should be redacted for privacy or other legal reasons.

Can I file a complaint anonymously?

No, anonymous complaints will not be accepted or investigated.

Will the business or person I filed a complaint against be given a copy of my complaint?

Yes, if a complaint is accepted for investigation after initial review, the complaint will be provided to the individual or business who the complaint is against, known as the “Respondent.” The Respondent will be given a copy of the complaint so that it may file an answer.

Will Mesa accept and investigate all complaints of discrimination?

We may decline to accept or investigate a complaint for various reasons. For example, a complaint that is not timely filed or verified will be dismissed. If the location of the alleged violation is not in the City of Mesa, the complaint will be dismissed. We will dismiss a complaint if a complaint alleging the same facts has been filed concurrently with a federal or state agency or court. In these cases, we will defer to the federal or state agency or court process. 

We will notify the complainant of the acceptance or dismissal of the complaint and advise if further action is needed.

Do I have to participate in mediation with the person or business that discriminated against me?

Yes, we are committed to attempting to resolve all complaints through mediation or alternative means of resolution. In support of this commitment, the ordinance requires us to seek resolution through mediation or alternative means for a first violation before issuing a citation.

The parties will be expected to participate in mediation or alternative means of resolving the dispute in good faith. The failure of a complainant to participate in good faith may result in dismissal of the complaint.

Can I file a complaint of discrimination with Mesa and also file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) or other state or federal agency?

No, if a complaint is or has been filed with a federal or state agency, such as the EEOC or the Attorney General’s Office, or a court, a complaint filed with Mesa alleging the same facts will not be accepted or will be dismissed to avoid multiple legal actions. In addition, any complaint that falls under the jurisdiction of a federal or state agency or court will be referred to the appropriate agency.

How will the Mesa protect me or my business from being the target of false complaints?

Each complaint is carefully reviewed by the City Manager’s Office to ensure that sufficient evidence of a possible violation of the ordinance exists to merit acceptance of the complaint.

A discrimination complaint has been filed against me or my business. What should I do?

When a complaint is accepted, the individual or business will be notified in writing and will receive a copy of the complaint. The individual or business must file a written verified response within 30 days. If no response is filed, the allegations in the complaint will be deemed admitted and the individual/business will be found responsible. A finding of responsibility will result in the appropriate civil penalty. 

If a response is filed within 30 days, we will attempt to resolve the complaint through mediation or alternative means of resolution. If the complaint is not dismissed and mediation attempts or other alternative means of resolution are unsuccessful, we will investigate the allegations to determine if there is sufficient evidence to establish reasonable cause that the ordinance has been violated.

Do I need to hire an attorney if someone files a complaint of discrimination against me?

No, there is no requirement to hire an attorney. We are committed to resolving complaints through voluntary compliance, informal measures, mediation, or other alternative means of resolution short of citation. While there is no requirement to hire an attorney, any individual or business is welcome to obtain legal counsel at any time during the process.

What if I am a party in a complaint and I do not want to agree to mediation?

We are committed to attempting to resolve all complaints through mediation or alternative means of resolution. In support of this commitment, the ordinance requires us to seek resolution through mediation or alternative means on a first violation before issuing a citation. 

The parties will be expected to participate in mediation or alternative means of resolving the dispute in good faith. If an individual or business that is the subject of a complaint does not participate in good faith in mediation or alternative means of resolution, we will determine that such attempts were unsuccessful, and it will proceed to investigation the allegations in the complaint to determine if there is sufficient evidence to establish reasonable cause that the ordinance has been violated.

What happens if a complaint is not resolved through mediation or alternative methods of resolution?

If a complaint cannot be resolved through mediation or alternative means, we will investigate the complaint and determine if there is sufficient evidence to establish reasonable cause that the ordinance has been violated.

What happens if I receive a citation for violation of the NDO?

If you receive a citation, you will have the option of either paying the civil sanction and fees set forth in the citation or appearing before the Civil Hearing Officer to admit or deny the allegations. If the allegations are admitted, the Civil Hearing Officer will enter judgment against you and enter the appropriate civil sanction and fees. If the allegations are denied, the Civil Hearing Officer will set the matter for a hearing.

If you fail to pay the fine or appear before the Civil Hearing Officer on or before the time directed in the citation, the Civil Hearing Officer will enter a finding of responsible and impose the applicable sanction.

What is the penalty for violating the non-discrimination ordinance?

A violation of the NDO is a civil violation. A person or business found responsible for a first violation will be fined a penalty of $300.00 per offense. The penalty for a second violation within 12 months of being held responsible for a prior violation is not less than $300 nor more than $2,500 per offense. For a third or subsequent violation within 24 months of being held responsible for two prior violations, the penalty is not less than $600 nor more than $2,500 per offense. 

Is my business required to construct unisex restrooms or retrofit current restrooms into unisex restrooms?

No, the ordinance does not require retrofitting of restrooms or any other physical modifications to businesses. It does require businesses to allow individuals to use the restroom of the gender with which they identify. A business can install unisex bathrooms if desired. 

I have sincerely held religious beliefs that conflict with the requirements of the ordinance pertaining to sexual orientation and gender identity. Am I still required to comply with the ordinance?

The ordinance recognizes First Amendment rights through a specific exclusion for speech and expressive activities and the free exercise of religion. Whether an activity is protected under the First Amendment is a fact-specific inquiry. We will apply federal and state statutes, as interpreted in binding judicial decisions, in making these determinations. 

What if a person tries to use the law to disguise inappropriate or unlawful activity?

The ordinance does not permit or excuse inappropriate or unlawful activity. The ordinance protects the legitimate use of facilities; it is not an excuse to misuse the law for criminal purposes or even for reasons of convenience. A business may contact the Mesa Police Department to report any inappropriate or unlawful activity without being deemed in violation of the NDO.