As used tn this section, the following words and phrases have the following meanings:
(a) AGE. Chronological age.
(b) CONTRACTOR. A person who by contract furnishes services, materials or supplies. CONTRACTOR does not include persons who are merely creditors or debtors of the City, such as those holding the city’s notes or bonds or persons whose notes, bonds or stock are held by the City.
(c) DISCRIMINATE. To make a decision, offer to make a decision or refrain from making a decision based in whole or in part on the race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, sexual orientation, gender identity, gender expression, or actual or perceived HIV status.
For the purposes of § 24-98.5 only,
DISCRIMINATION BASED ON SEX includes sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
(1) Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual’s, public accommodations or housing.
Discrimination based on actual or perceived physical or mental limitation includes discrimination because of the use by an individual of adaptive devices or aids.
As used herein, “perceived” refers to the perception of the person who acts and not to the perception of the person for or against whom the action is taken.
(d) GENDER IDENTITY. A person’s actual or perceived gender, including a person’s gender identity, self-image, appearance, expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that traditionally associated with the person’s sex at birth as being either female or male.
(e) GENDER EXPRESSION. External manifestation of one’s gender identity, usually expressed through “masculine,” or “feminine,” or gender variant behavior, clothing, haircut, voice or body characteristics.
(f) HIV STATUS. A person who has, or has been diagnosed as having been infected with, the human immunodeficiency virus, whether or not that person has or has been diagnosed as having acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex.
(g) HOUSING FACILITY. Any dwelling unit or facility used for a person to regularly sleep and keep personal belongings including, but not limited to, a house, apartment, rooming house, housing cooperative, hotel, motel, tourist home, retirement home or nursing home.
(h) MARITAL STATUS. The state of being married, unmarried, divorced or widowed.
(i) MENTAL LIMITATION. A limitation of mental capabilities unrelated to one’s ability to safely perform the work involved in jobs or positions available to such person for hire or promotion; a limitation of mental capabilities unrelated to one’s ability to acquire, rent and maintain property; or a limitation of mental capabilities unrelated to one’s ability to utilize and benefit from the goods, services, activities, privileges and accommodations of a place of public accommodation. MENTAL LIMITATION includes, but is not limited to, developmental disabilities, psychological, etc. MENTAL LIMITATION does not include any condition caused by the current illegal use of a controlled substance.
(j) MINORITY. A person who is black or African American, Native American, or Alaskan Native, Hispanic or Latino, Asian, Native Hawaiian or other Pacific Islander.
(k) PHYSICAL LIMITATION. A limitation of physical capabilities unrelated to one’s ability to safely perform the work involved in jobs or positions available to such person for hire or promotion; a limitation of physical capabilities unrelated to one’s ability to acquire, rent and maintain property; or a limitation of mental capabilities unrelated to one’s ability to utilize and benefit from the goods, services, activities, privileges and accommodations of a place of public accommodation. PHYSICAL LIMITATION includes, but is not limited to, blindness or partial sightedness, deafness or hearing impairment, muteness, partial or total absence of physical member, speech impairment and motor impairment. PHYSICAL LIMITATION does not include any condition caused by the current illegal use of a controlled substance.
(l) PLACE OF PUBLIC ACCOMMODATION. An educational, governmental, health, day care, entertainment, cultural, recreational, refreshment, transportation, financial institution, accommodation, business or other facility of any kind, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public, or which receives financial support through the solicitation of the general public or through governmental subsidy of any kind.
(m) SEXUAL ORIENTATION. Male or female homosexuality, heterosexuality or bisexuality, by orientation or practice.
(Ord. 3820, passed 3-1-2012)