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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACQUISITION OF REAL ESTATE. The sale, rental, lease, sublease, construction or financing, including negotiations and other activities or procedures incident to:
(1) Any building, structure, apartment, single room or suite of rooms or other portion of a building or occupancy as living quarters; or
(2) Any building, structure or portion thereof, or any improved or unimproved land utilized or designed or intended for utilization for business, commercial, industrial or agricultural purposes; or
(3) Any vacant or unimproved land offered for sale or lease for any purpose whatsoever.
AFFIRMATIVE ACTION. Those acts which the Commission deems necessary to insure compliance with the City Human Relations ordinance or Affirmative Action Program.
ANCESTRY. Both the country from which a person’s ancestors came and the citizenship of a person’s ancestors.
COMMISSION. The City Human Relations Commission.
COMMISSION ATTORNEY. The City Attorney or such assistants of the City Attorney as may be assigned to the Commission or any other attorney engaged by the Commission or voluntarily lend his or her services to the Commission.
COMPLAINANT. Any individual claiming on his or her own behalf to have been personally aggrieved by a discriminatory practice or the Director or a Commissioner of the City Human Relations Commission charging that a discriminatory practice was committed against a person other than himself or herself or a class of people in order to vindicate the public policy of the state as defined in I.C.-22-9-1-2 and 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 another person duly authorized by law to administer oaths and take acknowledgments. The Commission shall furnish notarial service without charge.
CONSENT AGREEMENT. A formal agreement entered in to in lieu of adjudication.
DIRECTOR. The executive director of the City Human Relations Commission.
DISCRIMINATORY PRACTICE. The exclusion of a person from equal opportunities because of race, religion, color, sex, handicap, national origin or ancestry; or a system which excludes persons from equal opportunities because of race, religion, color, sex, handicap, national origin or ancestry.
EDUCATIONAL INSTITUTION. All public and private schools and training centers, except universities supported in whole or in part by state funds.
EMPLOYEE. Any person employed by another for wages or salary. The term shall not include any individual employed by his or her parents, spouse or child or in the domestic service of any person.
EMPLOYER. The city and any other governmental organization or department and any person employing six or more employees within the city.
EMPLOYMENT AGENCY. Any person undertaking with or without compensation to procure, recruit, refer or place employees.
HANDICAP or HANDICAPPED. The physical or mental condition of a person which constitutes a substantial disability. In reference to employment, under I.C. 22-9-1-1 through 22-9-1-13, inclusive, the terms shall mean the physical or mental condition of a person which constitutes a substantial disability unrelated to that person’s ability to engage in a particular occupation. To be classified as HANDICAPPED, a person shall be certified by the Vocational Rehabilitation Division, Indiana Rehabilitation Services.
HEARING OFFICER. Any Commissioner appointed by the Chairperson of the Commission to determine the question of probable cause in a complaint or to rule on any objections to consent agreements approved by the Director and the respondent.
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 of conditions of employment or for mutual aid or protection in relation to employment.
LENDING INSTITUTION. Any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of making or guaranteeing loans secured by real estate or an interest therein.
NATIONAL ORIGIN. Both the country from where a person came and the citizenship of a person’s ancestors.
PUBLIC ACCOMMODATION. Any establishment which offers its services, facilities or goods to the general public, which also includes public transportation.
RESPONDENT. One or more persons against whom a complaint is filed under this subchapter and who the complainant has alleged to have committed or is committing a discriminatory practice.
SEX. As applied to discrimination or separation in this subchapter shall apply to all types of employment, education, public accommodations and housing. It shall not be a discriminatory practice:
(1) To maintain separate restrooms or dressing rooms;
(2) For any employment agency 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 retaining programs to admit or employ an individual in any such program on the basis of sex in those certain instances where sex is a bona fide occupational requirement reasonably necessary to the normal operation of that particular business; or
(3) For a religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.
(1985 Code, § 22-9-1-12.1(a)) (Ord. 29-1968, passed 9-3-1968; Am. Ord. 15-1979, passed 8-8-1979; Am. Ord. 13-1984, passed 7-5-1984)