For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AFFIRMATIVE ACTION." Those acts which the Commission deems necessary to assure compliance with the State Civil Rights Law.
"COMMISSION." The Human Relations Commission hereinafter created.
"COMMISSIONER'S COMPLAINT." Any written grievance filed by one or more Commissioners alleging a discriminatory practice committed against a person other than himself. To be valid a "COMMISSIONER'S COMPLAINT" must meet the requirements set forth for other complaints in the definition of such term in this section, except that it need not be filed by a complainant as such term is defined in this section.
"COMPLAINANT." Person charging on his own behalf to have been aggrieved by discriminatory practices, but this shall not prevent the filing of a Commissioner's complaint as defined in this section.
"COMPLAINT." Any written grievance filed by a complainant with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgements. Notarial service shall be furnished by the Commission without charge. To be acceptable by the Commission a complaint shall be sufficiently complete so as to reflect properly the full name and address of the complainant; the name and address of the respondent against whom the complaint is made; the alleged discriminatory practice and a statement of particulars thereof; the date or dates and places of the alleged discriminatory practice and if the alleged discriminatory practice is of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as is alleged in the complaint, together with a statement as to the status or disposition of such other action. No complaint shall be valid unless filed within 90 days from the date of the occurrence of the alleged discriminatory practice.
"CONCILIATION CONFERENCE." A meeting between the chairman and the respondent to negotiate differences regarding provisions in a consent agreement proposed by the chairman.
"CONSENT AGREEMENT." A formal agreement entered into in lieu of adjudication.
"DAY." A calendar day unless the context clearly requires otherwise; provided, however, that when any period in which action must be taken under these rules expires on a Saturday, Sunday, or a national or state holiday, such period will be extended to the next business day; provided, further, that all periods of notice or time for taking action prescribed by these rules shall be calculated by excluding the day from which the period begins to run and including the day on which the notice is effective or the action must be taken.
"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; or the promotion of racial segregation or separation in any manner, including but not limited to the inducing of, or the attempting to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of a person or persons of a particular race, religion, color, sex, national origin, or ancestry. Every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations or employment shall be considered unlawful unless it is specifically exempted by this chapter.
"EMPLOYEE." Any person employed by another for wages or salary; provided, however, that it shall not include any individual employed by his parents, spouse, or child, or in the domestic service of any person.
"EMPLOYMENT AGENCY." Any person undertaking with or without compensation to procure, recruit, refer, or place employees.
"EMPLOYER." The city or any department, thereof and any person employing six or more persons within the city; except that the term "EMPLOYER" does not include any 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.
"HEARING OFFICER." A Commissioner or agent of the Commission designated or delegated by the chairman, or vice-chairman, to conduct a public hearing and to rule on all prehearing motions and petitions.
"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 other mutual aid or protection in relation to employment.
"ORDER BY DEFAULT." An order issued by the Commission, after proper notice, against a respondent who has failed to answer a complaint or against a party who failed to appear at a public hearing. Upon the concurrence of a majority of the Commissioners, an order by default shall have the same scope and effect as a final order issued by the Commission subsequent to a public hearing.
"PARTY." Either the complainant, the respondent, or an intervenor, or, where appropriate, the Human Relations Commission.
"PERSON." One or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons.
"PRESIDING OFFICER." The hearing officer, or if more than one hearing officer has been appointed for a given complaint, it shall mean that hearing officer selected by the chairman who shall rule on all prehearing motions and petitions. In those instances where the chairman has not appointed a presiding officer, the chairman or the vice-chairman shall perform the duties of the presiding officer until such time as one is duly appointed.
"PROBABLE CAUSE." Such an apparent state of facts established by personal knowledge or by information from others reasonably accepted as true, as would lead a person of normal intelligence and prudence to believe that a discriminatory practice prohibited by the state civil right law has occurred.
"PUBLIC ACCOMMODATION." Establishment which caters or offers its services or facilities or goods to the general public.
"RESPONDENT." Any person against whom a complaint has been filed.
"SEX." As it applies to segregation or separation in this chapter shall apply to all types of employment, education, public accommodations, and housing; provided, however, that
(1) It shall not be a discriminatory practice to maintain separate restrooms;
(2) It shall not be discriminatory 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 membership 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
(3) It shall not be a discriminatory practice for a private or religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.
('80 Code, § 13-17) (Ord. 2170, passed 3-21-77)