For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AGE.” The chronological age of a person who is at least 40 years old, except with regard to any practice described in § 95.10, insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, for the purposes of § 95.10, “AGE” means the chronological age of a person who is 18 but not yet 40 years old.
“AGGRIEVED PARTY.” A person who is alleged or proved to have been injured by a violation of this chapter or believes he or she will be injured by a violation under this chapter.
“COMMISSION.” The Human Relations Commission created by this chapter
“CONCILIATION.” The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved party, the respondent and the department.
“DIRECTOR.” The Director of the Human Relations Division.
“DIVISION.” The Human Relations Division of the city.
“EMPLOYEE.” Includes:
(1) Any individual performing services for remuneration within the city for an employer;
(2) An apprentice; and
(3) An applicant for any apprenticeship.
(4) “EMPLOYEE” does not include:
(a) Domestic servants in private homes;
(b) Individuals employed by persons who are not “employers” as defined by this chapter;
(c) Elected public officials;
(d) Principal administrative officers of the city; and
(e) A person in a vocational rehabilitation facility certified under federal law who has been designated an evaluee, trainee, or work activity client.
“EMPLOYMENT AGENCY.” Includes both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure opportunities to work, or to procure, recruit, refer or place employees.
“EMPLOYER.” Includes:
(1) Any person employing five or more employees within the city during 20 or more calendar weeks within the calendar year of or preceding the alleged violation;
(2) Any person employing one or more employees when a complainant alleges a violation due to: unlawful discrimination based upon his or her physical or mental handicap unrelated to ability, or sexual harassment;
(3) The state, the city, and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;
(4) Any party to a public contract without regard to the number of employees; and
(5) A joint apprenticeship or training committee without regard to the number of employees.
(6) “EMPLOYER” does not include any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non-profit nursing institution, society or non-profit nursing institution of its activities.
“FAMILIAL STATUS.” One or more individuals (who have not attained the age of 18 years) being domiciled with:
(1) A parent or person having legal custody of such individual or individuals; or
(2) The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded by § 95.20 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
“HANDICAP.” A determinable physical or mental characteristic of a person, including but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic:
(1) For the purposes of § 95.10 is unrelated to the person's ability to perform the duties of a particular job or position;
(2) For purposes of § 95.20 is unrelated to the person's ability to acquire, rent or maintain a housing accommodation; and
(3) For purposes of § 95.30, is unrelated to a person's ability to utilize and benefit from a place of public accommodation.
“HEARING OFFICER.” The Hearing Officer who has been appointed to preside over the city’s administrative adjudication system.
“HOUSING ACCOMMODATION.” Includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals.
“LABOR ORGANIZATION.” Includes any organization, labor union, craft union, or any voluntary unincorporated association designed to further the cause of the rights of union labor which 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 apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.
“MARITAL STATUS.” The legal status of being married, single, separated, divorced or widowed.
“NATIONAL ORIGIN.” The place in which a person or one of his or her ancestors was born.
“PERSON.” One or more individuals, partnerships, associations or organizations, labor organizations, labor unions, joint apprenticeship committees, or union labor associations, corporations, the city, legal representatives, trustees in bankruptcy or receivers.
“PLACE OF PUBLIC ACCOMMODATION.” A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. By way of example, but not of limitation, “PLACE OF PUBLIC ACCOMMODATION” includes facilities of the following types: inns, restaurants, eating houses, hotels, bed and breakfast establishments, soda fountains, soft drink parlors, taverns, road houses, barber shops, department stores, clothing stores, hat stores, shoe stores, bathrooms, restrooms, theaters, skating rinks, public golf courses, public golf driving ranges, concerts, cafes, bicycle rinks, elevators, ice cream parlors or rooms, railroads, omnibuses, busses, stages, airplanes, street cars, boats, funeral hearses, crematories, cemeteries, and public conveyances on land, water, or air, public swimming pools, and other places of public accommodation and amusement.
“REAL ESTATE BROKER” or “SALESMAN.” A person, other than a licensed attorney, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents or leases real property, or negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these.
“REAL ESTATE TRANSACTION.” Includes the sale, exchange, rental or lease of real property; the brokering or appraising of residential real property; and the making or providing of financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling, or secured by residential real estate.
“REAL PROPERTY.” Includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
“RELIGION.” Includes all aspects of religious observance and practice, as well as belief. “RELIGION” with respect to employers, for purposes of § 95.10, includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.
“SEX.” The status of being male or female.
“SEXUAL HARASSMENT.” Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
“UNLAWFUL DISCRIMINATION.” Discrimination against a person because of his or her race, color, religion, national origin, ancestry, age, sex, marital status or handicap. For purposes of § 95.20, “UNLAWFUL DISCRIMINATION” shall include “familial status” as defined above, but shall not include age.
(Ord. 7793, passed 11-7-95; amend. Ord. 8168, passed 3-6-01; Am. Ord. 9146, passed 5-1-18)