For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGE. Chronological age.
AUTHORIZED CITY OFFICIAL. A police officer, code enforcement personnel or any other personnel of the city designated and authorized by the City Manager, this code or any ordinance to investigate or issue municipal civil infraction citations or municipal civil infraction violation notices.
CITY MANAGER. The City Manager of the City, or his or her designee.
COMPLAINANT. An individual or other person who files a complaint alleging a violation of this chapter.
DISCRIMINATE, 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, religion, color, national origin, gender, sex, age, marital status, physical or mental disability, family status, sexual orientation, or gender identity or expression of an individual.
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, or a business, nursing, professional, secretarial, technical, or vocational school. For the purposes of this chapter, EDUCATIONAL INSTITUTION includes an agent of the institution.
EMPLOYEE. An individual who is hired for a wage, salary, fee, payment or other remuneration to perform work for an employer.
EMPLOYER. A person who has one or more employees, and includes an agent of that person.
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. One or more individuals related by blood within three degrees of consanguinity, marriage, adoption, in a foster care relationship or other legal custody relationship. For the 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 OR EXPRESSION. An individual’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 which is traditionally associated with the individual’s designated gender at birth.
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.
INDIVIDUAL. A single human being.
LABOR ORGANIZATION. An organization of any kind, an agency or employee representation committee, group, association, or plan in which employees participate in or are members of, which exists for the purpose, in whole or in part, of dealing with employers concerning collective bargaining, grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. For purposes of this definition, a LABOR ORGANIZATION need not be subordinate to or affiliated with a national or international labor organization.
MARITAL STATUS. The state of being married, unmarried, divorced or widowed.
PERSON. An individual, agent, association, corporation, labor organization, legal representative, partnership, receiver, trust or any other legal or commercial entity.
PHYSICAL OR MENTAL DISABILITY. A determinate 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, recreation, 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.
RELIGIOUS ORGANIZATION OR INSTITUTION. A religious corporation, association, educational institution or society, which is, in whole or substantial part, owned, supported, controlled or managed by a particular religion whose purpose or character is directed toward the propagation of that particular religion and that has the inculcation of religious values or the provision of charity as its purpose; primarily employs persons who share its religious tenets; and primarily serves persons whoshare its religious tenets or, on a charitable basis, the broader community. RELIGIOUS ORGANIZATION OR INSTITUTION includes, for illustration and not limitation: churches, mosques, synagogues and other houses of worship; any subsidiary organizations; educational institutions affiliated with, controlled, or managed by those houses of worship or with articles of incorporation, bylaws and other documents stating an intention to inculcate its religious tenets in students; and, faith-based organizations that, due to a sense of duty based on particular religious tenets, provide charitable services to the public.
RESPONDENT. A person against whom a complaint is filed under this chapter.
SEX. Includes, but is not limited to pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Discrimination based on sex includes sexual harassment. SEXUAL HARASSMENT means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:
(1) Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, to obtain employment, housing, or public accommodations.
(2) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment, housing, or public accommodations.
(3) The conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public services, or housing, or creating an intimidating, hostile, or offensive employment, housing, or public accommodations.
SEXUAL ORIENTATION. Male or female homosexuality, heterosexuality or bisexuality, whether by orientation or practice. SEXUAL ORIENTATION does not include any sexual activity or attempted activity otherwise prohibited by law.
(Ord. 973, passed 7-9-12; Am. Ord. 1088, passed 5-22-23)