For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACQUISITION OF REAL PROPERTY. The sale, rental, lease, sublease, construction or financing, including negotiations and other activities or procedures incident thereto, of:
(1) Any building, structure, apartment, single room or suite of rooms or other portion of a building, occupied as or designed or intended for occupancy as living quarters;
(2) Any building, structure, or portion thereof, or any improved or unimproved land utilized, or designed or intended for utilization, for business, commercial, or 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 assure compliance with the city human rights subchapter.
ANCESTRY. Refers to both the country from which a person’s ancestors came and the citizenship of a person’s ancestors.
COMMISSION. The city’s Human Rights Commission hereinafter created.
COMMISSION ATTORNEY. The City Attorney or such assistants of the City Attorney as may be assigned to the Commission, or such other attorney as may be engaged by the Commission or voluntarily lend his or her services to the Commission.
COMPENSATION or COMPENSATORY DAMAGES. Actual damages, except that damages to be paid as a result of discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions or fringe benefits.
COMPLAINANT. Any individual charging on his or her own behalf to have been personally aggrieved by a discriminatory practice, or the Commission Attorney or a Commissioner to the Human Rights 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 in § 33.071 of this chapter.
COMPLAINT. Any written grievance filed by a complainant with the Legal Department. The original shall be signed and verified before a notary public or another person duly authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished by the Legal Department without charge.
CONSENT AGREEMENT. A formal agreement entered into in lieu of adjudication.
DISABLED.
(1) With respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the person's major life activities;
(b) A record of having an impairment described in division (a) above; or
(c) Being regarded as having an impairment described in division (a) above.
(2) The term also means people (or persons) who have been diagnosed with cancer, multiple sclerosis, heart disease, hypertension, diabetes, as HIV positive or with other chronic diseases, provided, however that the disability does not impair a person's ability to perform his or her job.
(3) The term does not include the following: current illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802)), pedophilia, exhibitionism, voyeurism, compulsive gambling, kleptomania, pyromania or psychoactive substance use disorders resulting from current illegal use of drugs.
DISCRIMINATORY PRACTICE. The exclusion of a person by another person from equal opportunities because of race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, veteran or military status, or disability; or a system which excludes persons from equal opportunities because of race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, veteran or military status, or disability or the promotion or assistance of segregation or separation in any manner on the basis of the above categories, provided, it shall not be a discriminatory practice for an employment agency to refer for employment any individual, or for a joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in such program on the basis of his or her religion, sex or national origin in those particular instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, further, provided, that it shall not be discriminatory practice for a person to refuse to rent for occupancy as living quarters any space in owner-occupied multiple-dwelling structure on the basis of sex; provided, further, it shall not be a discriminatory practice for an employer to fail to employ or retain as an employee any person who because of a disability is physically or otherwise unable to efficiently and safely perform, at the standards set by the employer, the duties required by that job; provided, further, it shall not be a discriminatory practice to fail to promote or transfer a person with a disability to another job or occupation after he or she is employed unless, prior to the transfer, the person with a disability by training or experience is qualified for the job or occupation, provided, further, it shall not be a discriminatory practice for an employer to fail to modify physical accommodations or administrative procedures to accommodate a person with a disability.
EDUCATIONAL INSTITUTION. All public and private schools and training centers, except that the term does not include any state agency as defined in this section.
EMPLOYEE. Includes any person employed by another for wages or salary, provided, that it shall not include any individual employed by his or her parents, spouse or child.
EMPLOYER. Includes any person employing six or more employees within the city, except that the term does not include not-for-profit corporation or association organized exclusively for fraternal or religious purposes, nor any school, educational or charitable religious institution owned or conducted by, or affiliated with, a church or religious institution, nor any exclusively social club, corporation or association that is not organized for profit, nor the city or any department thereof, nor any state agency as defined in this section.
EMPLOYMENT AGENCY. Any person undertaking with or without compensation to procure, recruit, refer or place employees.
GENDER IDENTITY. A person’s actual or perceived gender-related attributes, self-image, appearance, expression or behavior, whether or not the characteristics differ from those traditionally associated with the person’s assigned sex at birth.
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 or conditions of employment, or for mutual aid or protection in relation to employment.
LEGAL DEPARTMENT. The City Attorney or the assistants of the City Attorney as may be assigned to the Commission by the City Attorney or such other attorney who voluntarily lends his or her services at the request of the Commission.
LENDING INSTITUTION. Any bank, building and loan association, insurance company, or other corporation, association, firm or enterprise whose business consists in whole or part in making or guaranteeing loans secured by real estate or an interest therein.
NATIONAL ORIGIN. Refers to both the country from which a person came and the citizenship of the person.
OWNER-OCCUPIED MULTIPLE-DWELLING STRUCTURE. Includes only structures in which the owner of the premises actually resides, containing not more than three separate dwelling units, apartments, rooms or portions of the building designed or intended for occupancy as living quarters.
PERSON. One or more individuals, partnerships, associations, organizations, labor organizations, corporations, cooperatives, legal representatives, trustees in bankruptcy, trustees, receivers, any subdivisions of the state, and other organized groups of persons.
PUBLIC ACCOMMODATION. Any establishment which offers its services, facilities, or goods to the general public.
RESPONDENT. One or more persons against whom a complaint is filed under this chapter, and who the complainant alleges has committed or is committing a discriminatory practice.
SEX. As it applies to segregation or separation in this subchapter shall apply to all types of employment, education, public accommodations and housing, provided, that it shall not be discriminatory practice to maintain separate restrooms or dressing rooms, and it shall not be 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 members 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 such 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 it shall not be 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 identity or practice as a lesbian woman, gay male, bisexual person or heterosexual person, whether actual or perceived.
STATE AGENCY. Every office, officer, board, commission, council, department, division, bureau, committee, fund, agency, and without limitation by reason of any enumeration herein, every other instrumentality of the state, every hospital, every penal institution and every other institutional enterprise and activity of the state, wherever located, the universities supported in whole or in part by state funds, and the judicial department of the state. State agency does not mean counties, county departments of public welfare, cities, towns, townships, school cities, school towns, school townships, school districts or other municipal corporations, political subdivisions, or units of local government.
VETERAN OR MILITARY STATUS. An honorably discharged veteran of military service, an active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
(Ord. G-74-524, passed 1-7-1974; Ord. G-12-15, passed 7-19-2012)