As used in this section the following terms shall have the meanings as indicated unless a different meaning clearly appears from the context:
Age shall mean any persons between the ages of forty (40) and sixty-five (65).
Bona fide occupational qualification shall mean a valid consideration of race, color, sex, age, religious creed, disability, national origin, ancestry, sexual orientation, marital status, parental status, ex-offender status, prior psychiatric treatment, military status, or source of income which is a requirement for employment and has been certified as such by the Commission or by the Massachusetts Commission Against Discrimination under Chapter 151B of the Massachusetts general Law.
Bonding transaction shall mean the furnishing of a performance, fiduciary or other form of bond to any person.
Commission shall mean the Human Rights Commission.
Credit transaction shall mean the open or closed end grant, extension, denial or termination of credit to any individual.
Disability shall mean a condition which causes a physical or mental impairment which limits, or is regarded as limiting one or more major life activity.
Educational facility shall mean any person, whether organized for profit or not-for-profit, that holds itself out to the public as providing instruction or training in the arts, sciences, trade or any other area of learning.
Employee shall mean any individual who is engaged to work for or under the direction or control of another for monetary or other valuable consideration, but shall not include any individual employed by her or his parents, spouse or children.
Employer shall mean any individual, partnership, association, corporation, trustees, public charity, foundation, political subdivision, board, department, commission, agency or any other person which engages and controls the services of an individual in the City of Boston in exchange for monetary or other valuable consideration, except that it shall not include any employer with six (6) or less persons in its employ, exclusive of parents, spouse or children, nor does it include a club exclusively social, or a fraternal association or religious organization, incorporated or unincorporated, if such fraternal association or religious organization is not incorporated for profit and if the primary function thereof is religious or fraternal.
Employment agency shall mean and include any person undertaking to procure employees or opportunities to work for potential employees.
Ex-offender status shall mean (i) the condition of having been arrested, detained, or accused of any violation of law which no conviction resulted, or (ii) a final conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbing the peace, or (iii) any conviction of a misdemeanor where the date of such conviction or completion of any period of incarceration resulting therefrom, which ever date is later, occurred five (5) or more years prior to the date of the exercise of any right or privilege under this Chapter, unless such person has been convicted of any offense within five (5) years immediately preceding the exercise of any right or privilege under this Chapter.
Executive Director shall mean the Executive Director of the Boston Human Rights Commission as established by this Chapter.
Gender identity or expression shall mean and include a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression whether or not that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with a person's sex at birth.
Insurance transactions shall mean the sale, grant or other provision of insurance to any person.
Labor organization shall mean any organization which exists and is constituted for the purpose, in whole or part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.
Marital status shall mean the actual condition of being or having been married, separated or divorced or the condition of being single.
Military status shall mean the condition of being, or having been in the services of the military.
Parental status shall mean the condition of having minor or disabled children.
Person shall mean and include one or more individuals, partnerships, associations, corporations, agencies, legal representatives, trustees, trustees in bankruptcy and receivers, the City and all political subdivisions, boards and commissions provided, however, “person” shall not be applied to an individual acting in a purely private transaction.
Prior psychiatric treatment shall mean an actual or supposed mental impairment of a person caused by illness, injury, birth, professional treatment or hospitalization.
Public accommodation and service shall mean any place, business, facility or other establishment of whatever kind, or agency, whether owned privately or by a public agency which caters or offers services, facilities or goods to or is intended for the use or convenience of the general public whether for a charge or fee or not. Nothing contained herein shall be construed to include or apply to any place, business, facility or other establishment which is by its nature distinctly private, except that when such establishment caters or offers services to the general public, it shall be deemed a public accommodation during such period.
Respondent shall mean a person against whom a complaint has been filed pursuant to this Chapter.
Sexual orientation shall mean actual or supposed homosexuality, heterosexuality, or bisexuality by orientation or practice, including but not limited to an orientation or practice, including but not limited to an orientation that may be presumed on the basis of mannerisms, physical characteristics, manner of dress or deportment.
Source of income shall mean the manner or means by which an individual supports herself or himself, and his or her dependents, except that in this Chapter it shall not include any criminal activity from which a source of income is derived.
(Ord. 1984 c. 16, c. 17, c. 40; Ord. 2002 c. 9)