For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADA. The Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
   COMPLAINANT. A person for or on whose behalf a complaint alleging unlawful discrimination has been filed or issued.
   DISABILITY. A physical or mental impairment of a person resulting from disease, injury, congenital condition of birth or functional disorder which substantially limits one or more of the person’s major life functions; a record of having an impairment; or being regarded as having an impairment which:
      (1)   For purposes of § 98.003(a) through (c), inclusive, is unrelated to an individual’s ability to perform the major duties of a particular job or position, or is unrelated to an individual’s qualifications for employment or promotion;
      (2)   For purposes of § 98.003(d) and (h) is unrelated to an individual’s ability to acquire, rent, or maintain property; and
      (3)   For purposes of § 98.003(e) and (f) is unrelated to an individual’s ability to utilize and benefit from opportunities, programs, and facilities of the accommodations and services.
   DISCRIMINATION. Any unlawful act or attempted unlawful act which, because of race, color, sex, creed, religion, ancestry, national origin, familial status or disability, results in the unequal treatment or separation or segregation of any person or denies, prevents, limits or otherwise adversely affects or if accomplished would deny, prevent, limit or otherwise adversely affect the benefit or enjoyment by any person of employment, membership in a labor organization, ownership or occupancy of real property, a public accommodation, a public service or an educational institution. The DISCRIMINATION is unlawful and is a violation of this chapter.
   EDUCATIONAL INSTITUTION. Any university, college or school operating within the city including any school, institution or organization for vocational training, but the term shall not apply to the students of, or the education provided by, any school maintained and operated by a religious corporation, or association solely for the benefit of its own membership.
   EMPLOY. To use or be entitled to the use and benefit of the services of a person as an employee.
   EMPLOYEE. Any and all persons who perform services for any employer for compensation, whether in the form of wages, salary, commission or otherwise.
   EMPLOYER. Any person within the city who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the city, but the word EMPLOYER shall not include any person with respect to the hiring or employment of a household domestic servant, or any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment, provided the selection is not based on race, color, ancestry or national origin or disability.
   EMPLOYMENT. The state of being employed as an employee by an employer.
   EMPLOYMENT AGENCY. Any person regularly undertaking, with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any agent of the person.
   FAMILIAL STATUS. The relationship of individuals by birth, adoption or guardianship who are domiciled together.
   HIRE. To engage or contract for or attempt to engage or contract for the services of any person as an employee.
   LABOR ORGANIZATION. Any person, employee representation committee or plan in which employees participate and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general committee, joint or system board or joint council.
   LAWYER. A person duly authorized and licensed by the state to engage in the practice of law.
   PERSON. Includes one or more individuals, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations and the state and all political subdivisions and agencies thereof.
   PUBLIC ACCOMMODATIONS. The services and facilities of any and all places of business within the city engaged generally in the provision of services or goods to the public or soliciting generally the public patronage, including, without limitation, theaters, hotels, motels, restaurants, taverns, barbershops, beauty shops, insurance companies, lending organizations, financial institutions and carriers.
   PUBLIC SERVICES. The services or facilities provided within the city to the general public including those provided by any public facility, department, agency, board or commission, owned, operated or managed by or on behalf of the state, any political subdivision thereof, or any other public corporation.
   REAL ESTATE BROKER or REAL ESTATE SALESPERSON. A real estate broker and a real estate salesperson as defined by state law.
   REAL PROPERTY. Any right, title, interest in or to the possession, ownership, enjoyment or occupancy of any parcel of land, any building situated thereon, or any portion of the building in the city.
   RESPONDENT. A person against whom a complaint alleging unlawful discrimination has been filed or issued.
(1957 Rev. Ords., § 2.1802; 1972 Code, § 13-1; 1992 Code, § 21.5-1) (Ord. 2700, passed 8-17-1970; Ord. 52-73, passed 6-25-1973; Ord. 22-81, passed 3-16-1980; Ord. 63-86, passed 6-23-1986; Ord. 51-91, passed 6-10-1991)
   Definitions and rules of construction generally, see § 10.002