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.
CITY ATTORNEY. The duly appointed attorney for the City of Vermillion or such person designated by the City Attorney.
THE COMMISSION. The Vermillion Human Relations Commission.
COMPLAINANT. A person for whom, or on whose behalf, a verified complaint alleging unlawful discrimination has been submitted to the Commission.
DISABILITY.
(1) A physical or mental impairment of a person resulting from disease, injury, congenital condition of birth or functional disorder which substantially limits 1 or more of the person's major life functions; a record of having an impairment; or being regarded as having an impairment which:
(a) For purposes of § 32.49 (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;
(b) For purposes of § 32.49 (D) and (H) is unrelated to an individual's ability to acquire, rent, or maintain property; and
(c) For purposes of § 32.49 (E) and (F) is unrelated to an individual's ability to utilize and benefit from opportunities, programs, and facilities of accommodations and services.
(2) This term does not include current illegal use of, or addiction to, marijuana as defined in SDCL § 22-42-1(7) or a controlled substance as defined in SDCL § 22-42-1(1).
DISCRIMINATORY OR UNFAIR PRACTICE. Any unlawful act or attempted unlawful act which, because of sex, race, color, creed, religion, ancestry, disability, national origin or familial status, 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, a labor union membership, housing accommodations, property rights, education, public accommodations, and public services. DISCRIMINATORY OR UNFAIR PRACTICE as defined above is unlawful and is a violation of this subchapter. In addition, it is the policy of the city that discriminatory practices based on marital status, military or veteran status, gender identity, or sexual orientation, while not prohibited by state law, constitute unfair practices which adversely affect people. The Commission, through public information promotion and as permitted by § 32.50, will seek to improve human relations and eliminate such unfair practices. Accordingly, discriminatory practices based on marital status, military or veteran status, gender identity, or sexual orientation will not be investigated or be the subject of complaint resolution procedure until permitted by state law. However, such acts may be brought to the attention of the Commission by a complainant in the form of a verified complaint, which is consistent with the provisions of § 32.51 for record keeping and referral purposes.
DOCUMENTS. Any and all records of communication that contain or relay information received by the Commission, including, but not limited to, paper records and digital records.
EDUCATIONAL INSTITUTION. Any public or private institution of education and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, and any business, nursing, professional, secretarial, technical, or vocational school, and includes any agent of such institutions.
EMPLOY. To use or be entitled to the use and benefit of the services of a person as an employee.
EMPLOYEE. Any person who perform services for any employer for compensation, whether in the form of wages, salary, commission or otherwise.
EMPLOYER. Any person within the State of South Dakota 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 State of South Dakota.
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 employee's opportunities to work for an employer and includes any agent of such a person.
FAMILIAL STATUS. The relationship of individuals by birth, adoption, or guardianship who are domiciled together. A family is 1 or more individuals under the age of 18 domiciled with their parent, legal custodian or person granted custody with permission of the parent or custodian. This definition includes a person who is pregnant or is in the process of securing custody of a person under the age of 18 years. Discrimination on basis of familial status applies to housing accommodations only.
FILE. A verified complaint is officially FILED with the Commission when the Commission has completed a preliminary review of said verified complaint and determined that an investigation of discriminatory or unfair practice shall commence in accordance with SDCL § 20-12-4.
GENDER IDENTITY OR EXPRESSION. A term meaning a gender-related identity, appearance, expression or behavior of an individual regardless of the individual's assigned sex at birth.
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, plan in which employees participate, or other organization 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.
LAWYER. Any person duly authorized and licensed by the state to engage in the practice of law.
MARITAL STATUS. The state of being married, single, divorced, separated or widowed.
MILITARY STATUS. Any person who is presently a member of the armed forces of the United States on active duty, in the military ground, naval or air service of the United States on active duty.
PARTY. The complainant or the respondent.
PERSON. One or more individuals, partnerships, associations, limited liability companies, 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.
PROBABLE CAUSE. In accordance with SDCL § 20-13-1.1, for purposes of findings under this subchapter, PROBABLE CAUSE is defined as a determination that it is more likely than not that the charging party and members of class, or both, were discriminated against based on a violation of this subchapter. The likelihood that discrimination occurred is assessed based upon evidence that establishes a prima facie case, and if the respondent has provided a viable defense, whether there is evidence of pretext.
PUBLIC ACCOMMODATIONS. Any place, establishment or facility of whatever kind, nature or class that caters or offers services, facilities or goods to the general public for a fee, charge, or gratuitously. PUBLIC ACCOMMODATION does not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for fee or charge or gratuitously, it shall be deemed a public accommodation during such period of use.
PUBLIC SERVICE. Any public facility, department, agency, board or commission, owned, operated or managed by or on behalf of the State of South Dakota, 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 SDCL § 36-21A-6 or as licensed pursuant to SDCL § 36-21A-47.
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 verified complaint alleging unlawful discrimination has been filed.
SEXUAL HARASSMENT. A form of sex discrimination. Sexual harassment may take the form of deliberate or repeated comments, questions, representations or physical contacts of a sexual nature which are unwelcome to the recipient. Sexual harassment may also take the form of conduct that has the purpose or effect of creating an intimidating, hostile or offensive environment.
SEXUAL ORIENTATION. A term describing a person's attraction to members of the same sex and/or a different sex, usually defined as lesbian, gay, bisexual, heterosexual, or asexual.
VERIFIED ANSWER. A written response to a verified complaint, signed and verified by the respondent under oath.
VERIFIED COMPLAINT. A written allegation of discriminatory or unfair practice, signed and verified by the complainant under oath.
VETERAN. Any person who served honorably on active duty in the armed forces of the United States.
(Ord. 1377, passed 6-18-2018; Am. Ord. 1399, passed 3-18-2019)