The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AGE. Chronological age.
DISCRIMINATE and DISCRIMINATION. 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, source of income, family status, sexual orientation or gender identity of another person, that person's relatives, or that person's associates.
(1) 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:
(a) Submission to the conduct or communication is made a term or condition either explicitly or implicitly of obtaining or maintaining employment, public accommodations or housing;
(b) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual's employment, public accommodations or housing; and/or
(c) The conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or housing, or creating an intimidating, hostile, or offensive employment, public accommodations or housing environment.
(2) Discrimination based upon actual or perceived physical or mental limitation includes discrimination because of the use by an individual of an adaptive device or aid.
EDUCATIONAL INSTITUTION. A public or private institution, or a separate school or department thereof, including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school. For the purposes of this subchapter, educational institution includes an agent of the institution.
EMPLOYER. Any person employing one or more persons, and includes an agent of the employer.
EMPLOYMENT AGENCY. A person regularly undertaking, with or without compensation, to procure, refer, recruit, or place an individual in an employment relationship with an employer.
FAMILY STATUS. Two or more individuals related by blood within three degrees of consanguinity, marriage, adoption, foster care relationship or other legal custody relationship. For purposes of this definition, FAMILY STATUS shall include an individual who is pregnant.
GENDER. The actual biological state of being male or female as of birth, or subsequent alteration through surgical procedure, and without regard to any outward physical display or expression of gender identity.
GENDER IDENTITY. A person's actual or perceived gender, including a person's appearance, expression, identity or behavior as being either male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person's sex at birth as being either female or male.
HOUSING ACCOMMODATION. Any improved or unimproved real property or part thereof, dwelling unit or facility used or intended, arranged, or designed to be used or occupied as a home, domicile, or residence of one or more individuals.
LABOR ORGANIZATION. An organization of any kind, an employee representation committee, group, association, or plan which employees participate in or are members of, and which exists for the purpose, in whole or part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment of its participants or members, whether or not such organization is subordinate to or affiliated with a national or international labor organization.
MARITAL STATUS. The state of being married, unmarried, divorced or widowed.
PERCEIVED. The perception of the person who acts, and not the perception of the person for or against whom the action is taken.
PHYSICAL OR MENTAL DISABILITY. A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic substantially limits a major life activity of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position, is unrelated to the individual's ability to utilize and benefit from a place of public accommodation, or is unrelated to the individual's ability to acquire, rent, or maintain property. For the purposes of this definition, PHYSICAL OR MENTAL DISABILITY does not include any condition caused by the current illegal use of a controlled substance or the use of intoxicating liquors by an individual.
PLACE OF PUBLIC ACCOMMODATION. A business, educational, refreshment, entertainment, recreational, health, or transportation facility, organization or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
PRIVATE CLUB. An establishment that is not open to the public. A private club is one whose members' association with each other and the club is sufficiently intimate, small and exclusive that it is not open to the public.
SEXUAL ORIENTATION. Male or female homosexuality, heterosexuality or bisexuality, whether by orientation or practice.
SOURCE OF INCOME. Any legal source from which a person obtains money.
VILLAGE MANAGER. The Manager of the Village of Lake Orion or his or her designee.
(Ord. 6.18, passed 9-26-16)