516.02 DEFINITIONS.

   As used in this Chapter:

   (a)   The prohibitions in this Chapter concerning "Age" mean individuals who are at least forty (40) years old.

   (b)   "City" means the City of Shaker Heights.

   (c)   "Complaint" means any petition or written statement under oath that alleges a violation of and/or discriminatory practice or act under this Chapter and/or Cuyahoga County Chapter 206.13 and Title 15.

   (d)   "Cuyahoga County Code" and "Cuyahoga County Chapter 206.13 and Title 15" refer to the Code of Cuyahoga County and those specific sections of the Code, as they may exist at the time of the enactment or amendment of this Chapter, and as they may be amended from time to time.

   (e)   "Cuyahoga County Human Rights Commission" means the Cuyahoga County Human Rights Commission created by Section 206.13 of the Cuyahoga County Code, and as it may be amended from time to time.

    (f)   "Disability" means a physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.

   (g)   "Physical or mental impairment" includes any of the following:

      (1)   Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine;

      (2)   Any mental or psychological disorder, including but not limited to an intellectual disability, organic brain syndrome, emotional or mental illness, and learning disability; and

      (3)   Diseases and conditions, including, but not limited to, orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, intellectual disability, emotional illness, drug addiction, and alcoholism.

      (4)   "Substantially limits" means the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity to be considered substantially limiting.

   A determination of whether a physical or mental impairment substantially limits a major life activity should be made without regard to the ameliorative effects of mitigating measures, except ordinary eyeglasses and contact lenses. An impairment that is episodic in nature or in remission is a disability if it would substantially limit a major life activity when active.

   (h)   "Physical or mental impairment" does not include any of the following:

      (1)   Pedophilia, exhibitionism, voyeurism, or any other sexual or behavioral disorders;

      (2)   Compulsive gambling, kleptomania, or pyromania; or

      (3)   Psychoactive substance use disorders resulting from current illegal use of a controlled substance and current use of alcoholic beverages.

   (i)   "Discriminate and discrimination" includes the segregation, separation, maltreatment, ill-treatment, or any unfavorable difference in treatment based on race, color, religion, military status, national origin, disability, age, ancestry, familial status, sex, sexual orientation, gender identity or expression.

    (j)   "Employee" means an individual employed by any employer and includes "independent worker and/or contractor," but does not include any individual employed in the domestic service of any person.

   (k)   "Employer" means any person who employs four (4) or more persons, within the City of Shaker Heights.

   (l)   "Employment Agency" means any persons regularly undertaking with or without compensation, to procure opportunities for employment or to procure, recruit, refer, or place employees.

   (m)   "Gender identity or expression" means an individual's actual or perceived gender-related identity, appearance, expression, mannerisms, or other gender-related characteristics, regardless of the individual's designated sex at birth.

   (n)   "Labor organization" includes any organization that exists for the purpose, in whole or in part, of collective bargaining or other mutual aid or protection in relation to employment.

   (o)   "Military Status" means any person who is engaged in "service in the uniformed services," and a member of the "uniformed services" or a veteran.

   (p)   "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, and trustees in bankruptcy, receivers, and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesperson, appraiser, agent, employee, and lending institution.

   (q)   "Place of public accommodation" means any hotel, motel, inn, restaurant, eating establishment, public swimming pool, public sports facility, public sports arena, theme park, amusement park, museum, barbershop, public conveyance by air, land or water, movie theater, music arena, concert hall, performing arts venue, theater, store, or other place for the sale of merchandise to the public, or any other place of public accommodation or amusement where the accommodation advantages, facilities, or privileges thereof are available to the public.

   (r)   "Service in the Uniformed Services" means the performance of duty, on a voluntary or involuntary basis, in a uniformed service, under competent authority, and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time national guard duty, reserve duty in uniform, and performance of duty or training by a member of the Ohio organized militia pursuant to Chapter 5923 of the Ohio Revised Code. "Service in the uniformed services" includes also the period of time for which a person is absent from a position of public or private employment for the purpose of an examination to determine the fitness of the person to perform any duty described herein.

   (s)   The terms "because of sex" and "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions.

    (t)   "Sexual orientation" means a person's actual or perceived homosexuality, bisexuality, or heterosexuality.

   (u)   "Uniformed services" means the Armed Forces, the Ohio organized militia when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the public health service, and any other category of persons designated by the president of the United States in time of war or emergency.

   (v)   "Unlawful discriminatory practice" means any act prohibited under this Chapter and/or Cuyahoga County Chapter 206.13 and Title 15.

   (w)   "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces. (Ord. 19-43. Enacted 6-24-19.)