For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFIRMATIVE ACTION. Those acts which the Commission deems necessary to assure compliance with this chapter.
COMMISSION. The Elkhart City Human Relations Commission.
COMMISSION ATTORNEY. The Corporation Counsel, or attorney assigned to the Commission by the Corporation Counsel, or such other attorney as may be engaged by the Commission after consultation with and approval by the Corporation Counsel.
COMPLAINANT. Any individual charging on his or her behalf to have been personally aggrieved by a discriminatory practice or the Director charging that a discriminatory practice was committed against a person, other than himself or herself, or a class of people in order to uphold the public policy of the city as defined in § 35.01.
COMPLAINT. Any written grievance that is sufficiently complete and filed by a complainant with the Commission. The original complaint shall be signed and verified by a notary public or other person authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished at the Commission without charge. A COMPLAINT shall be in plain and concise language and shall be sufficiently complete so as to properly inform the reader of the full name and address of the complainant, the name and address of the respondent against whom the complaint is made, the place in the city where discrimination took place, the nature of the alleged discriminatory practice and a statement of the particulars thereof, the date or dates of the alleged discriminatory practice (or the dates between which the discrimination took place if the exact date is unknown or if the alleged discrimination was of a continuing nature), a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance alleged in the complaint in any court or before any agency of a nature similar to that of the city’s Human Relations Commission (including the Indiana Civil Rights Commission or the Federal Equal Employment Opportunity Commission). No COMPLAINT shall be valid unless filed within 180 days from the date of the occurrence of the alleged discriminatory practice.
CONSENT AGREEMENT. A formal, written agreement entered into in lieu of adjudication.
DISCRIMINATORY PRACTICE.
(1) The exclusion of a person from equal opportunities because of race, religion, color, sex, disability, national origin or ancestry; or a system that excludes persons from equal opportunities because of race, religion, color, sex, disability, national origin or ancestry; or the promotion of racial segregation or separation in any manner. Every DISCRIMINATORY PRACTICE relating to education, public accommodations or employment shall be considered unlawful under this chapter unless specifically exempted by this chapter or state law.
(2) A DISCRIMINATORY PRACTICE shall also include the coercion, intimidation, threats or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by this chapter.
EMPLOYEE. Any person employed by another for wages, salary, commission, or other compensation. However, the term EMPLOYEE does not include any person employed: by his or her parents, spouse, or child; or in the domestic service of any person.
EMPLOYER. The incorporated city or any office or division thereof, and any person employing 6 or more persons within the territorial boundaries of the city, except that the term EMPLOYER does not include:
(1) Any nonprofit corporation or association organized exclusively for fraternal or religious purposes;
(2) Any school, educational or charitable religious institution owned or conducted by, or affiliated with, a church or religious institution; or
(3) Any exclusively social club, corporation, or association that is not organized for profit.
EMPLOYMENT AGENCY. Any person undertaking with or without compensation to procure, recruit, refer or place employees.
FINAL AGENCY ACTION.
(1) The entry of an order designated as a final order; or
(2) Any other agency action that disposes of all issues in a proceeding for all parties after the exhaustion of all available administrative remedies concerning the action.
LABOR ORGANIZATION. Any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment.
MANAGER. The Manager of the Human Relations Commission selected by the Director of the Office of Administration.
ORDER. An agency action of a particular applicability that determines the legal rights, duties, privileges, immunities or other legal interests of 1 or more specific persons.
PERSON. One or more individuals, partnerships, associations, organizations, corporations, labor organizations, limited liability companies, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons.
PUBLIC ACCOMMODATION. Any establishment that caters or offers its services or facilities or goods to the general public.
RESPONDENT. A person against whom a complaint of discrimination has been filed.
SEX. As it applies to segregation or separation shall apply to all types of employment, education and public accommodations; provided, however, that, it shall not be discriminatory practice to maintain separate restrooms; and that it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for any employer, labor organization or joint labor- management committee controlling an apprenticeship or other training or retraining programs to admit or employ any other individual in such program on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and that it shall not be a discriminatory practice for a private or religious education institution to continue to maintain and enforce a policy of admitting students of 1 sex only.
(1979 Code, § 35.02) (Ord. 4235, passed 1-8-1996; Am. Ord. 4461, passed 1-13-2000
; Am. Ord. 4962, passed 4-17-2006
)