For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DISABILITY. A condition that can mean or be described as:
(1) Any physical or mental impairment which substantially limits one or more of a person's major life activities; or
(2) A record of such an impairment;
(3) A person who is regarded as having such an impairment.
DISCRIMINATES, DISCRIMINATING and DISCRIMINATORY mean and include:
(1) To promote segregation or separation in any manner, to treat any person differently, or to exclude from or fail or refuse to extend to any person equal opportunities with respect to hiring, termination, compensation, or other terms, conditions or privileges of employment, because of race, sex, color, religion, disability, ancestry, national origin, place of birth, age, or sexual orientation.
(2) To fail to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified employee as set forth in § 93.016A;
(3) To fail to make reasonable accommodations to the religious observance or practice of any employee or prospective employee unless the employee can demonstrate that the accommodation would impose an undue hardship on the conduct of the employer's business;
(4) To make, print or publish, or cause to be made, printed or published any notice, statement, or advertisement with respect to employment that indicates a preference, limitation, specification or discrimination based on race, sex, color, religion, disability, ancestry, national origin, place of birth, age, and sexual orientation.
The following practices are not included in the meaning of
DISCRIMINATION:
(1) For any not-for-profit association, incorporated or otherwise, organized exclusively for fraternal or religious purposes, to devote its resources to its own religion or denomination, or to give employment preference to its own members;
(2) For any not-for-profit association, incorporated or otherwise, established for the purpose of offering or providing education, training or other social services and benefits to handicapped persons, to devote its resources to such handicapped persons, or to give a preference to handicapped persons with respect to such education, training or social services and benefits.
OBSTRUCT. The action of any person knowingly obstructing the fair and lawful enforcement of this chapter by coercing or intimidating any complainant or prospective complainant, or any witness to any act of discrimination as defined herein; after such person has received actual notice of a discrimination charge, or has been served notice of a complaint filed.
RETALIATION. The actions of any person in discriminating against any other person with regard to or denying any other person access to or opportunities in employment, because any such other person has opposed any practice made unlawful by this chapter, or because such other person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under this chapter.
('74 Code, § 15-17(a)) (Ord. G-34-78, passed 12-12-78; Am. Ord. G-22-00, passed 8-8-00; Am. Ord. G-20-03, passed 5-27-03)