For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVERTISING. To make, print, publish, advertise or otherwise disseminate any notice, statement or advertisement, with respect to any employment activity, any business activity or any educational activity.
AGE. Eighteen years of age or older, except as otherwise provided by law.
BUSINESS ESTABLISHMENT. Any entity, however organized, which furnishes goods, services or accommodations to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements consist only of payment of fees or consist only of requirements under which a substantial portion of the residents of the city could qualify.
DISABILITY or DISABLED. With respect to an individual, a physical or mental impairment, a record of such an impairment, or being perceived or regarded as having such impairment. For purposes of this chapter, discrimination on the basis of disability means that no covered entity shall discriminate against a qualified individual with a disability because of that individual’s disability. The term QUALIFIED INDIVIDUAL WITH A DISABILITY shall mean an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment positions that the individual holds or desires.
DISCRIMINATE, DISCRIMINATION or DISCRIMINATORY. Any act, policy or practice that, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person's actual or perceived race, ethnicity, color, religion, national origin, immigration status, gender, gender expression, gender identity, sex, pregnancy, age, sexual orientation, creed, ancestry, disability, military status, veteran status, marital status, family status, physical characteristics, HIV status, source of income, or genetic information.
EDUCATIONAL INSTITUTION. Any public educational institution, including an academy, college, elementary or secondary school, extension course, kindergarten, pre-school, nursery school, university, and any business, nursing, professional, secretarial, technical or vocational school.
EMPLOYEE. Any individual employed or seeking employment from an employer.
EMPLOYER. Any person who, for compensation, regularly employs five or more individuals, not including the employer's parents, spouse or children. For purposes of this chapter an employer regularly employs five individuals when the employer employs five or more individuals for each working day in any 20 or more calendar weeks in the current or previous calendar year. For purposes of this chapter an EMPLOYER is also any person acting on behalf of an employer, directly or indirectly, or any employment agency.
GENDER. Actual or perceived sex.
GENDER IDENTITY OR EXPRESSION. Having or being perceived as having a gender identity or expression, whether or not that gender identity or expression is different from that traditionally associated with the sex assigned to that individual at birth.
LABOR ORGANIZATION. Any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection on behalf of employees.
PERSON. A natural person, firm, corporation, partnership or other organization, association or group of persons however arranged.
PHYSICAL CHARACTERISTIC. A bodily condition or bodily characteristic of any person that is from birth, accident, or disease, or from any natural physical development, including individual physical mannerisms, including but not limited to height and weight. Physical characteristic shall not relate to those situations where a bodily condition or characteristic will present a danger to the health, welfare or safety of any individual.
PLACE OF PUBLIC ACCOMMODATION. Inns, taverns, hotels, motels, restaurants, wholesale outlets, retail outlets, banks, savings and loan associations, other financial institutions, credit information bureaus, insurance companies, dispensaries, clinics, hospitals, theaters, recreational parks and facilities, trailer camps, garages, public halls, and all other establishments within the city which offer goods, services, accommodations and entertainment to the public. A PLACE OF PUBLIC ACCOMMODATION does not include any institution, club or other place of accommodation which, by its nature, is distinctly private.
SEX. Male, female, neither, or both, or being perceived as male, female, neither, or both. The terms "because of sex" and "on the basis of sex" include but are not limited to pregnancy, any illness arising out of pregnancy, childbirth, or related medical conditions, breastfeeding, or pumping, or other sexual or reproductive health decisions.
(1) For the purposes of this section the term SEXUAL OR REPRODUCTIVE HEALTH DECISIONS means decisions relating to the use or intended use of products or services for contraception, sterilization, fertility treatment, pregnancy or its termination, hormone therapy including that which alters gender expression or affirms gender identity, or medical treatments that affirm gender identity. Nothing in this division shall be construed to require an employer to provide health insurance benefits for sexual or reproductive health products or services.
SEXUAL ORIENTATION. Actual or perceived heterosexuality, homosexuality or bisexuality.
(Ord. 7906, passed 8-17-2009; Am. Ord. 8934, passed 6-7-2021; Am. Ord. 9031, passed 11-7-2022)