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SEC. 46-4.   DEFINITIONS.
   (a)   In this chapter:
      (1)   ADMINISTRATOR means the person designated by the city manager to receive, investigate, and conciliate complaints under this chapter and includes the administrator's designated representatives.
      (2)   CITY means the city of Dallas, Texas.
      (3)   COMPLAINANT means a person, including the administrator, who files a complaint under this chapter.
      (4)   CONCILIATION means the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the complainant, the respondent, and the administrator.
      (5)   CONCILIATION AGREEMENT means a written agreement setting forth the resolution of the issues in a conciliation.
      (6)   DISCRIMINATION means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person or persons because of sexual orientation or gender identity and expression.
      (7)   DWELLING means:
         (A)   any building, structure, or part of a building or structure that is occupied as, or designed and intended for occupancy as, a residence for one or more persons; and
         (B)   any vacant land that is offered for sale or lease for the construction or location of any building, structure, or part of a building or structure designed and intended for occupancy as a residence for one or more persons.
      (8)   EMPLOYEE means any individual employed by an employer. The term does not include an elected official.
      (9)   EMPLOYER means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and includes any agent of such a person. The term does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954, as amended.
      (10)   EMPLOYMENT AGENCY means any person, and any agent of a person, who regularly undertakes, with or without compensation, to procure:
         (A)   employees for an employer; or
         (B)   opportunities for a person to work for an employer.
      (11)   GENDER IDENTITY AND EXPRESSION means "gender identity and expression" as defined in Chapter 34 of the Dallas City Code.
      (12)   LABOR ORGANIZATION means a labor organization and any of its agents, and includes:
         (A)   any organization, agency, or employee representation committee, group, association, or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; and
         (B)   any conference, general committee, joint or system board, or joint council so engaged that and Gender Identity and Expression is subordinate to a national or international labor organization.
      (13)   PERSON means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and other legal entities.
      (14)   PLACE OF PUBLIC ACCOMMODATION means any of the following establishments if they are open to the general public and, for compensation, offer any product, service, or facility to the general public:
         (A)   Any inn, hotel, motel, or other establishment that provides lodging to transient guests, other than an establishment:
            (i)   located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as a residence; or
            (ii)   in which the majority of the occupants are permanent residents and maintain their fixed place of domicile in the establishment.
         (B)   Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of a retail establishment or gasoline station.
         (C)   Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment.
         (D)   Any bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served.
         (E)   Any retail or wholesale establishment selling any kind of goods or services.
         (F)   Any public conveyance, including stations and terminals.
      (15)   RELIGION means all aspects of religious observance and practice, as well as belief.
      (16)   RELIGIOUS ORGANIZATION means:
         (A)   a religious corporation, association, or society; or
         (B)   a school, college, university, or other educational institution or institution of learning, if:
            (i)   the institution is, in whole or in substantial part, controlled, managed, owned, or supported by a religion, religious corporation, association, or society; or
            (ii)   the curriculum of the institution is directed toward the propagation of a religion.
      (17)   RENT means to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.
      (18)   RESPONDENT means a person identified in a complaint as having committed an unlawful practice under this chapter.
      (19)   SEXUAL ORIENTATION means "sexual orientation" as defined in Chapter 34 of the Dallas City Code.
      (20)   UNLAWFUL PRACTICE means a discriminatory act or practice relating to employment, public accommodations, or housing that is prohibited under this chapter.
   (b)   For purposes of this chapter, an individual's gender is determined solely by that individual's own perception of their gender. (Ord. Nos. 24927; 29942)