Except as hereinafter provided, all words utilized in this article shall be ascribed their ordinary meaning unless otherwise defined in Article 11, Chapter 5 of the West Virginia Code, as amended, (§5-11-1 et seq.) which is entitled West Virginia Human Rights Commission. If any such word is so defined by the aforementioned Code (§5-11-1 et seq.) then such word shall be ascribed the definition contained therein.
For purposes of Section 175.09 of this article, the following terms shall have the following meanings:
(1) AGE. An individual's status as having obtained forty (40) or more years of age.
(2) Town CONTRACTOR. Any person. corporation. or entity that has a contract to do business with the City of Fairmont.
(3) 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 real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status.
(4) EMPLOYEE. Any individual employed by or seeking employment from an employer. excluding any individual employed by his or her parents, spouse, or child.
(5) EMPLOYER. A person who employs one or more employees in the City of Fairmont, or any agent of such person. Employer shall include the City of Fairmont and any City Contractor.
(6) FAMILIAL STATUS. Means an individual's past, current or prospective status as parent or legal guardian to a child or children below the age of eighteen (18) who may or may not reside with that individual.
(7) GENDER IDENTITY. The actual or perceived gender-related identity, expression, appearance, or mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.
(8) MARITAL STATUS. An individual's past, current, or prospective status as single, married, domestically partnered, divorced, or widowed.
(9) NATIONAL ORIGIN. An individual's or his or her ancestor's place of origin.
(10) PUBLIC ACCOMMODATION. Any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds. The term does not include any private club, bona fide membership organization, or other establishment that is not in fact open to the public.
(11) RELIGION. All aspects of religious belief, observance, and practice.
(12) SEXUAL ORIENTATION. Actual or perceived homosexuality, heterosexuality, or bisexuality.
(13) VETERAN STATUS. An individual's status as one who served in the active military, naval or air service.
(Ord. 1977. Passed 12-13-22.)