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, that furnishes goods, services or accommodations to the general public. An otherwise qualifying establishment that 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 race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation or physical characteristic.
EDUCATIONAL INSTITUTION.
Any public or private 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.
EMPLOYMENT AGENCY.
Any person regularly undertaking with or without compensation to procure opportunities for employment or to procure, recruit, refer or place employees, whether in temporary or permanent positions of employment.
GENDER.
Actual or perceived sex category or sexual characteristics.
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.
MARITAL STATUS.
The state of being married, single, divorced, separated or widowed.
PERSON.
A natural person, firm, corporation, partnership, association, legal representative, trustee, trustee in bankruptcy, receiver, guardian, conservator or group of persons. It includes the city but does not include state or federal governmental units.
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 offers 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.
RESTRICTIVE COVENANT.
Any specification in a deed, land contract or lease limiting the transfer, rental, lease or other use of any housing.
SEXUAL ORIENTATION.
Actual or perceived heterosexuality, homosexuality or bisexuality.
TRANSGENDERED.
The condition or state wherein a person manifests gender characteristics, behavior or self-identification typical of or commonly associated with persons of another gender, and which may be characterized by assumption of the appearance or other qualities commonly associated with another gender.
TRANSACTION IN REAL ESTATE.
The exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, of any interest in real property or improvements thereon.
(Ord. 50-11, passed 7-19-2011)