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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CITY ADMINISTRATOR." The Mayor of the city or city employee who has been designated as such by the Mayor.
"DISCRIMINATION." Any direct or indirect act or practice of exclusion, distinction, restrictions, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in treatment of a person or persons, or the aiding, abetting, inciting, coercing, or compelling thereof made 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." 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 and the Commonwealth of Kentucky or one of its agencies or corporations or an Indian tribe.
"FAMILIAL STATUS." One 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 such custody, with the written permission of such parent or other person. 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, adoption or marriage.
"FINANCIAL INSTITUTION." A bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance, or improvement of real property, or an individual employed by or acting on behalf of any of these.
"GENDER IDENTITY." The gender-related identity appearance, or mannerisms or other gender-related characteristics of a person with or without regard to the person's designated sex at birth.
"HOUSING ACCOMMODATIONS." Includes improved and unimproved property and means a building, structure, lot, or part thereof which is used or occupied as the home or residence of one (1) or more individuals.
"PERSON." One (1) or more individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or other legal or commercial entity, the state, any of its political or civil subdivisions or agencies.
"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 publicor which is supported directly or indirectly 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. "PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT" does not include a dwelling or rooming or boarding house containing no more than one (1) room for rent or hire and which is within a building occupied by the proprietor as his or her residence.
"REAL PROPERTY." Includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in the above.
"REAL ESTATE BROKER" or "REAL ESTATE SALESMAN." An individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who, with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents, or lease real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such an activity; or who advertises or holds himself or herself out as engaged in such activities; or who negotiates or attempts to negotiate on behalf of others a loan secured by mortgage or other encumbrance upon a transfer of real estate, or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he or she undertakes to promote the sale, purchase exchange, rental, or lease of real estate through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
"REAL ESTATE OPERATOR." Any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers, or other legal or commercial entity, the county or any of its agencies, who or that is engaged in, the business of selling, purchasing, exchanging, renting, or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental, or lease of real estate, or an individual employed by or acting on behalf of any of these.
"SEXUAL ORIENTATION." An individual's actual or imputed heterosexuality, homosexuality or bisexuality.
(Ord. 2019-14, passed 8-6-19)
It is hereby unlawful for any person to refuse, or perceive to refuse to sell, lease, and/or transfer, attempt to evict or otherwise treat differently any person based upon race, color, national origin, sex and/or gender identity, religion, age and/or sexual orientation.
(Ord. 2019-14, passed 8-6-19)
Nothing in § 115.02 shall apply:
(A) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or a member of his or her family resides in one of the housing accommodations;
(B) To the rental of a portion of a housing accommodation by the occupant of the housing accommodation, or by the owner of the housing accommodation if he or she or a member of his or her family resides therein;
(C) To a religious institution, or to an organization operated for charitable or educational purposes, which is operated, or supervised, or controlled by a religious corporation, association, society, to the extent that the religious corporation, association, or society limits, or gives preferences in, sale, lease, rental, assignment, or sublease of real property to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society to promote the religious principles for which it is established or maintained;
(D) To the private sale by a private individual homeowner who disposes of his or her property without the aid of any real estate operator, broker, or salesman, and without advertising or public display; or
(E) To a real estate operator to require him or her to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
(Ord. 2019-14, passed 8-6-19)
It is an unlawful practice for a financial institution, or an individual employed by or acting on behalf of a financial institution:
(A) To discriminate against a person because of the race, color, creed, national origin, age forty (40) and over, disability, sex, gender identity, sexual orientation, or familial status of the individual or the present or prospective owner, tenant, or occupant, of the real property or a member, stockholder, director, officer, employee, or representative of any of these, and the granting, withholding, extending, modifying or renewing the rates, terms conditions, privileges, or other provisions of financial assistance or in the extension of services in connection therewith.
(B) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicate directly or indirectly a limitation, specification, or discrimination as to race, color, creed, national origin, age forty (40) and over, disability, sex, gender identity, sexual orientation, or familial status or an intent to make such a limitation, specification, or discrimination.
(C) To discriminate by refusing to give full recognition, because of sex, to the income of each spouse or the total income and expenses of both spouses where both spouses become or are prepared to become joint or several obligators in real estate transactions.
(Ord. 2019-14, passed 8-6-19)
It is an unlawful practice for a real estate operator, a real estate broker, a real estate salesman, a financial institution, an employee of any of these, or any other person, for the purpose of inducing a real estate transaction from which he or she may benefit financially:
(A) To represent that a change has occurred or will or may occur in the composition with respect to race, color, religion, sex, disability, familial status, gender identity, sexual orientation, or national origin, of the owners or occupants in the block, neighborhood, or area in which the real property is located.
(B) To represent that this change will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located.
(C) To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entity or prospective entity into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, gender identity, sexual orientation or national origin.
(Ord. 2019-14, passed 8-6-19)
(A) Except as otherwise provided herein, it is an unlawful practice for a person to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort or amusement as defined herein, on the ground of race, color, religion, national origin, sex, age forty (40) and over, disability, sexual orientation or gender identity.
(B) It shall be an unlawful practice to deny any person because of race, color, religion, national origin, sex, age forty (40) and over, disability, sexual orientation or gender identity, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a restaurant, hotel, motel, or any facility supported directly or indirectly by government funds.
(C) The provisions of this section shall not apply to:
(1) Restrooms, shower rooms, bath houses and similar facilities which are in their nature distinctly private;
(2) YMCA, YWCA and similar type dormitory lodging facilities;
(3) The exemptions contained in the definition of "PLACES OF PUBLIC ACCOMMODATIONS, RESORT OR AMUSEMENT," herein.
(4) Hospitals, nursing homes, penal or similar facilities, with respect to any requirement that men and women not be in the same room.
(Ord. 2019-14, passed 8-6-19)
(A) It is prohibited, unlawful practice for an employer or employment agency:
(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation; or
(2) To limit, segregate, or classify his or her employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation.
(B) It is an unlawful practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against, any individual because of his or her race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation, or to classify or refer for employment an individual on the basis of race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity or sexual orientation.
(C) It is an unlawful practice for a labor organization:
(1) To exclude or to expel from its membership or to otherwise discriminate against a member or applicant for membership because of race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation; or
(2) To limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way or manner which would deprive or tend to deprive an individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect one's status as an employee or as an applicant for employment because of such individual's race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation; or
(3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
(D) It is an unlawful practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation, in admission to or employment in, any program established to provide such apprenticeship, training, or retraining.
(E) It is an unlawful practice for any employer, labor organization, or employment agency to print or publish or cause to be printed or published, any notice or classification or referral for employment by such a labor organization or classification or limitation, specification or discrimination based on race, color, religion, national origin, age forty (40) and over, disability, sex, gender identity, or sexual orientation, except that such a notice or advertisement may indicate a preference, limitation, or specification, based on religion, national origin, age forty (40) and over, disability or sex when religion, national origin, age forty (40) and over, disability or sex is a bona fide occupational qualification for employment.
(F) Nothing herein shall be construed to prevent an employer from:
(1) Enforcing a written employees dress policy; or
(2) Designating appropriate restroom and shower facilities.
(G) Employment exceptions. Notwithstanding any other provisions of this chapter, it shall not be an unlawful practice for:
(1) An employer to hire and employ employees, or an employment agency to classify or refer for employment an individual, or for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee, controlling apprenticeship or other training or retraining programs to admit or employ an individual in any such program, on the basis of his or her religion, or national origin in those certain instances where religion or national origin, is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business, or enterprise;
(2) A religious organization, corporation association, or society to employ an individual on the basis of his or her religion to perform work connected with the carrying on by such corporation, association, or society of its religious activity;
(3) A school, college, university, or other educational institution to hire and employ individuals of a particular religion, if the school, college, university, or other educational institution is in whole or substantial part owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university or other educational institution is directed toward the propagation of a particular religion, and the choice of employees is determined by such organization to promote the religious principles for which it is established or maintained;
(4) An employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, national origin, sex, age forty (40) and over, disability, gender identity, or sexual orientation, nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed competency or ability test provided that the test, its administration or action based upon the test results is not designed, intended or used to discriminate because of race, color, religion, national origin, sex, age forty (40) and over, disability, gender identity, or sexual orientation.
(Ord. 2019-14, passed 8-6-19)
The provisions of this chapter regarding sexual orientation or gender identity shall not apply to a religious institution, association, society or entity or to an organization operated for charitable or educational purposes, which is owned, operated or controlled by a religious institution, association, society, or entity, except that when such an institution or organization receives a majority of its annual funding from any federal, state, local or other governmental body or agency, or any combination thereof, it shall not be entitled to this exemption.
(Ord. 2019-14, passed 8-6-19)
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