§ 93.03  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGE. An individual’s chronological age, except as otherwise provided by law.
   COLOR. An individual’s skin pigmentation.
   DISCRIMINATION or DISCRIMINATE. Without limitation, any act which, because of race, color, religion, gender, age, height or weight, marital status, sexual orientation, familial status, national origin, or physical or mental disability, results in the unequal treatment or separation of any person, or denies, prevents, limits, or otherwise adversely affects the benefit or enjoyment of any person, of employment, ownership, or occupancy of real property or public accommodations and public service.
   EMPLOYMENT. The act of hiring, recruiting, retaining, and promoting of a person to perform the duties of a particular job or position.
   FAMILIAL STATUS. One or more individuals under the age of 18 years residing with a parent or other person having custody or in the process of securing legal custody of the individual or individuals or residing with the designee of the parent or other person having or securing custody, with the written permission of the parent or other person. For purposes of this definition, “parent” includes a person who is pregnant.
   GENDER. The real or perceived sex, gender identity, or gender expression.
   HEIGHT or WEIGHT. The physical characteristics of an individual as it relates to that individual’s size and shall apply only to employment.
   HOUSING. The opportunity to purchase, lease, sell, hold, rent, use, and convey dwelling units.
   MARITAL STATUS. The state of being single, married, separated, widowed, or divorced.
   NATIONAL ORIGIN. The national origin of an ancestor.
   PERSON. An individual, firm, partnership, corporation, association, organization, unincorporated organization, labor organization, trustee, receiver, or other fiduciary.
   PHYSICAL OR MENTAL DISABILITY. One or more of the following:
      (1)   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:
         (a)   Where applicable, substantially limits one or more of the major life activities of that individual and is unrelated to the individual’s ability to perform the duties of a particular job or position or substantially limits one or more of the major life activities of that individual and is unrelated to the individual’s qualifications for employment or promotion;
         (b)   Where applicable, is unrelated to the individual’s ability to utilize and benefit from a place of public accommodations and public service;
         (c)   Where applicable, is unrelated to the individual’s ability to utilize and benefit from educational opportunities, programs, and facilities at an educational institution; and/or
         (d)   Where applicable, substantially limits one or more of that individual’s ability to acquire, rent, or maintain property.
      (2)   A history of determinable physical or mental characteristic defined in division (1) above;
      (3)   Being regarded as having a determinable physical or mental characteristic described in division (1) above;
      (4)   PHYSICAL OR MENTAL DISABILITY does not include either of the following:
         (a)   A determinable physical or mental characteristic caused by the current illegal use of a controlled substance by that individual; or
         (b)   A determinable physical or mental characteristic caused by the use of an alcoholic liquor by that individual if that physical or mental characteristic prevents that individual from performing the duties of his or her job.
      (5)   UNRELATED TO THE INDIVIDUAL’S ABILITY means, with or without accommodation, an individual’s disability does not prevent the individual from doing one or more of the following:
         (a)   Where applicable, performing the duties of a particular job or position;
         (b)   Where applicable, utilizing and benefitting from a place of public accommodation or public service;
         (c)   Where applicable, utilizing and benefitting from educational opportunities, programs, and facilities at an educational institution; and
         (d)   Where applicable, acquiring, renting, or maintaining property.
   PUBLIC ACCOMMODATION and PUBLIC SERVICES. The full and equal access to any educational, cultural, governmental, health care, day care, entertainment, 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 receive financial support through the solicitation of the general public or though governmental subsidy of any kind.
   SEXUAL ORIENTATION. Real or perceived, male or female heterosexuality, bisexuality, or homosexuality.
(Ord. 344, passed 9-9-2013)