Sec. 5.5-2.   Definitions.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meeting. These definitions shall be superseded by KRS 344.010(4) and KRS 344.030(1) and applicable federal and state law that may be in effect at the time of a violation.
   Age. Age forty (40) years and older.
   Bona fide offer. Any written offer to purchase, exchange, rent, or lease of any housing accommodation that is made in good faith without fraud or deceit.
   Disability. Any individual who: (a) has a physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual; (b) has record of such an impairment; or (c) is regarded as having such an impairment. The term does not include persons with current or past controlled substances abuse or alcohol abuse problems and persons excluded from coverage by the Americans with Disabilities Act of 1990.
   Discrimination. Any direct or indirect act or practice of exclusion, restriction, segregation, limitation, refusal, denial, or any act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing or compelling thereof made unlawful under this chapter.
   Discriminatory practice. An act that is unlawful under this chapter.
   Dwelling. Any building, structure or portion thereof which is occupied as, or designated or intended for occupancy as a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure or portion thereof.
   Employee. Any individual employed by an employer, but not including an individual employed by his or her parents, spouse or child, or an individual employed to render services as a nurse, domestic or personal companion in the home of the employer.
   Employer. Any person who has eight (8) or more employees within the city in each of twenty (20) or more calendar weeks in the current or preceding calendar year and an agent of such a person, except for purposes of determining discrimination based on disability, employer means a person engaged in an industry affecting commerce who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of that person, excluding the United States, the Commonwealth of Kentucky or one (1) of its agencies or corporations, and Indian Tribes.
   Employment agency. Any person regularly undertaking, either with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any agent of such person.
   Familial status. One (1) or more individuals who have not attained the age of eighteen (18) years and are being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having custody, with the written permission of such parent or other persons. The protection afforded against discrimination on the basis of familial status shall 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 eighteen (18) years.
   Family. Includes a single individual, spouse, and children, whether related by blood, legal guardianship, marriage, or adoption.
   Gender identity. Manifesting a gender identity not traditionally associated with one's biological or psychological maleness or femaleness.
   Person. One (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
   Place of public accommodation, resort or amusement. Any place, building, facility, store or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly by government funds; except that a private club is not a place of public accommodation, resort or amusement if its policies are determined by its members and its facilities or services are available only to its members and their bona fide guests. This definition does not include a dwelling or rooming or boarding house containing not more than one (1) room for rent or hire and which is within a building occupied by the proprietor as his or her residence. The exemptions afforded to a place of public accommodation, resort or amusement shall be the same as those contained in KRS 344.130.
   Sexual orientation. An individual's actual or imputed heterosexuality, homosexuality or bisexuality.
(Ord. No. 1836, § 2, 6-9-14)