For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSION. The city’s Human Relations Commission.
COMMISSION ATTORNEY. The Corporation Counsel or such assistants of the Corporation Counsel as may be assigned to the Commission.
COMPLAINANT. Any individual charging on his or her own behalf to have been personally aggrieved by a discriminatory practice; or the Human Relations Commission charging that a discriminatory practice was committed against a person, other than themselves; or a class of people, in order to vindicate the public policy of the city, as defined in § 37.046.
COMPLAINT. Any written grievance filed by a complainant directly with the Human Relations Commission, and which conforms to the requirements of the rules of the Commission as it may establish in accordance with this subchapter. No COMPLAINT shall be valid unless filed within 90 days from the date of the occurrence of the alleged discriminatory practice. Where the complainant has been actively pursuing a complaint with any agency created pursuant to §§ 34.225 et seq., the 90-day limit shall commence upon notification to the complainant of the agency’s final decision.
CONSENT DECREE. A formal agreement entered into in lieu of adjudication.
CREDIT. The right granted by a creditor to a debtor to defer payment of a debt or to incur debt and defer its payment.
CREDIT-LENDING INSTITUTION. Any person, including, but not limited to a bank, insurance company, savings and loan association, or other business regularly engaged in the business of lending money guaranteeing loans or furnishing consumer credit or other credit-related services.
DIRECTOR. The Executive Director of the city’s Human Relations Commission.
DISCRIMINATION. Any difference in treatment based on race, sex, color, religion, handicap, national origin, ancestry or place of birth. DISCRIMINATION shall also mean the exclusion of a person from or failure or refusal to extend to a person equal opportunities because of race, sex, religion, color, handicap, national origin, ancestry or place of birth. DISCRIMINATION shall also mean the promotion of segregation or separation, in any manner on the basis of race, sex, religion, color, handicap, national origin, ancestry or place of birth.
EMPLOYEE. Any person employed by another for wages or salary. However, EMPLOYEE should not include any individual employed by his or her parents, spouse or child, or any individual in the domestic service of any person.
EMPLOYER. Includes any person employing 6 or more employees within the city and includes the city and any subdivision thereof.
EMPLOYMENT AGENCY. Any person undertaking, with or without compensation, to procure, recruit, refer or place employees.
HANDICAPPED PERSON. An individual who has a physical or mental impairment which substantially limits 1 or more of the person’s major life activities, has a record of the impairment or is regarded as having the impairment. However, in no instance will the definition of HANDICAP or HANDICAPPED under this section be construed or considered to be broader than that definition contained in I.C. 22-9-1 and shall not apply to drug or alcohol abuse or addiction.
(1) The phrase
LIFE ACTIVITIES may be considered to include communication, ambulation, self-care, socialization, education, vocational training, employment, transportation, adapting to housing and those life activities affecting employability.
(2) The phrase
SUBSTANTIALLY LIMITS means the degree that the impairment affects employability. A handicapped individual who is likely to experience difficulty in securing, retaining, or advancing in employment would be considered SUBSTANTIALLY LIMITED.
(3) The phrase
HAS A RECORD OF SUCH AN IMPAIRMENT means that an individual may be completely recovered from a previous physical or mental impairment. It is included because the attitude of employers, supervisors and co-workers toward that previous impairment may result in an individual experiencing difficulty in securing, retaining or advancing in employment. The mentally restored, those who have had heart attacks or cancer, often experience such difficulty. Also, this part of the definition would include individuals who may have been erroneously classified and may experience discrimination based on this misclassification. This group may include, but is not limited to persons such as those who have been misclassified as mentally retarded or mentally restored.
HEARING OFFICER. A person appointed by the Human Relations Commission for determining the question of probable cause in a complaint. The Hearing Officer shall be a member in good standing before the bar of the state and shall have the same powers and duties as a Commissioner; however, the Hearing Officer shall not have the power to issue subpoenas.
LABOR ORGANIZATION. Any organization which 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.
NEIGHBORHOOD. A group of residences which are in relative proximity of each other within the metropolitan area of the city.
OWNER. Includes the lessor, sublessor, assignor or managing agent, or other persons having the right of ownership or possession or the right to sell, rent or lease any housing accommodation.
PERSON. Includes 1 or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, mutual companies, joint stock companies, unincorporated organizations, trustees in bankruptcy, receivers, fiduciaries and other groups of persons whether appointed by a court or otherwise. PERSON shall include the city and all units of government within the territorial jurisdiction of the city, including the School City.
PUBLIC ACCOMMODATION. Any establishment which caters or offers its services or facilities or goods to the general public.
REAL ESTATE BROKER. Any person as defined herein, who, for a fee or other valuable consideration, sells, purchases, exchanges or rents or negotiates or offers or attempts to make or negotiate the sale, purchase exchange, or rental of the real property of another, or holds himself or herself out as engaged in the business of selling, purchasing, exchanging or renting the real estate of another, or collects rental for the use of real property of another.
RESPONDENT. One or more persons against whom a complaint is filed under this subchapter and whom the complainant has alleged to have committed or who is committing a discriminatory practice.
(Prior Code, § 37.20) (Ord. 3547, passed 11-27-1967; Am. Ord. 4920, passed 10-22-1984; Am. Ord. 4976, passed 9-23-1985; Am. Ord. 5087, passed 11-10-1986)