For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AFFIRMATIVE ACTION." Those acts that the Commission and the city determines necessary to assure compliance with the Kokomo Human Rights Ordinance.
"COMMISSION." The Kokomo Human Rights Commission.
"COMMISSION ATTORNEY." The City of Kokomo's Corporation Counsel, or such other attorneys as may be engaged by the Commission.
"COMPLAINANT."
(1) Any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice; or
(2) The person who files a complaint charging that a discriminatory practice was committed against a person other than himself or a class of people in order to vindicate the public policy of the City as defined in this subchapter.
"COMPLAINT." Any written grievance filed by a complainant with the Commission. The original shall be signed and verified before a notary public or other person authorized by law to administer oaths and take acknowledgments. Notary service shall be furnished by the Commission without charge.
"CONSENT AGREEMENT." A formal agreement entered into by the parties in lieu of adjudication.
"DIRECTOR." The director of the Kokomo Human Rights Commission.
"DISABLED" or "DISABILITY." With respect to an individual:
(1) A physical or mental impairment that substantially limits at least one of the major life activities of the individual;
(2) A record of an impairment described in division (1) of this definition; or
(3) Being regarded as having an impairment described in division (1) of this definition.
The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802)).
"DISCRIMINATION." Any difference in treatment based on race, color, religion, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age and shall include segregation, except that it shall not be discrimination for any religious or denominational institution to prefer members of its own religion or denomination for purposes of employment and housing.
"DISCRIMINATORY PRACTICE."
(1) The exclusion of a person from equal opportunities or a system which excludes persons from equal opportunity in employment, education, public conveniences, and accommodations because of race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;
(2) The refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;
(3) Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;
(4) Falsely representing that a dwelling is not available for inspection, sale or rental based on race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;
(5) 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 the provisions of this chapter;
(6) Blockbusting based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age;
(7) Discrimination because of race, religion, color, sex, familial status, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by the denial of access to or participation in a multiple-listing service or other real estate broker organization or services;
(8) The promotion of segregation or separation in any manner, including but not limited to, the inducing or attempting to induce for profit any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular race, religion, color, sex, disability, familial status, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, or age; or
(9) A violation of state statutes relating to civil rights, age discrimination, fair housing, or employment discrimination against disabled persons unless specifically exempted by this subchapter or state statutes.
"DWELLING."
(1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or
(2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by division (1) of this definition.
"EDUCATIONAL INSTITUTION." All public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students.
"EMPLOYEE." Any person employed by another for wages or salary. However, the term does not include any individual employed:
(1) By his or her parents, spouse or child; or
(2) In the domestic service of any person.
"EMPLOYER." The City of Kokomo, or any department thereof, and any person employing six or more employees within the city; the term shall not include:
(1) Any bona fide private membership club (other than a labor organization) which is except from taxation under Section 501(c) of the Internal Revenue Code of 1954;
(2) Any school, educational or charitable institution owned, conducted by, or affiliated with a church or religious institution; or,
(3) Any office, board, commission, department, division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other instrumentality of the State of Indiana, any hospital, any penal institution and any other institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the State of Indiana.
"EMPLOYMENT AGENCY." Any person, corporation, partnership, or association undertaking with or without compensation to procure, recruit, refer, or place employees.
"FAMILIAL STATUS." The person who is the subject of discrimination is:
(1) Pregnant;
(2) Domiciled with an individual younger than 18 years of age in regard to whom the person:
(a) Is the parent or legal custodian; or
(b) Has the written permission of the parent or legal custodian for domicile with that person; or
(3) In the process of obtaining legal custody of an individual younger than 18 years of age.
"GENDER IDENTITY." An individual having or being perceived as having a gender-related self-identity, self-image, appearance, expression or behavior, regardless of whether it is the same or different from those characteristics traditionally associated with the individual's assigned sex at birth.
"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 and conditions of employment, or for other mutual aid or protection in relation to employment.
"MARITAL STATUS." A person's state of being single, married, separated, divorced, or widowed.
"PROTECTED CLASS." Those characteristics of a person that cannot be targeted for discrimination and include race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender identity, Veteran status, marital status, familial status, and age.
"PERSON." One or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, mutual companies, joint-stock companies, unincorporated organizations, receivers, fiduciaries, and other organized groups of persons.
“PUBLIC ACCOMMODATION." Any establishment, organization, or authority that caters or offers its services or facilities or goods to the general public, including, but not limited to, motels, hotels, theatres, stores, public restaurants, public library services, and public recreational services and facilities.
"RELIGIOUS OR DENOMINATIONAL INSTITUTION." An institution which is operated, supervised, or controlled by a religious or denominational organization.
"RESPONDENT." Any person against whom a charge is filed.
"SEX." As it applies to segregation or separation in this section, applies to all types of employment, education, public accommodations and housing. However:
(1) It shall not be a discriminatory practice to maintain separate rest rooms;
(2) 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 an employer, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining programs to admit or employ any other individual in any 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
(3) It shall not be a discriminatory practice for a private or religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.
"SEXUAL ORIENTATION." An individual's actual or perceived identity or practice as a lesbian woman, gay man, bisexual person or heterosexual person.
"TO RENT." Includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
"VETERAN STATUS."
(1) A veteran of the armed forces of the United States;
(2) A member of the Indiana National Guard; or
(3) A member of a reserve component.
('75 Code, § 2-268) (Ord. 3938, passed 5-13-68; Am. Ord. 5925, passed 8-29-94; Am. Ord. 6127, passed 7-12-99; Am. Ord. 6252, passed 1-13- 03; Am. Ord. 6820, passed 3-14-16)