Unless indicated otherwise in this chapter, the following will define the listed words and phrases:
AFFIRMATIVE ACTION: A plan whereby a set of specific, result oriented procedures are established and to which a person makes a commitment to apply every good faith effort. The objective of those procedures is to enhance diversity and ensure equal opportunity in public and private employment, housing, public accommodation, credit transactions and city contracts.
BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQ): Discrimination on a prohibited basis is lawful only if it results from a bona fide occupational qualification essential to the normal operation of the employer's business or enterprise. The BFOQ exception will be interpreted narrowly and the burden of proving that a prohibited basis is a BFOQ rests upon the party seeking to rely upon the exception. Customer or employer preference or historical usage, tradition or custom or stereotyped characterizations will not merit the exception.
COMMISSION: The Waterloo human rights commission created by this chapter, and as provided for in title 2, chapter 10 of this code.
COMPLAINANT: That person filing a complaint with the commission.
CONTRACT: Any agreement which is awarded, let, procured or entered into with, or on behalf of, the city or any awarding authority thereof.
CONTRACTING AUTHORITY: Any city department, agency, commission, authority, board or person, or any authorized employee, officer or director of any of the foregoing, including any purchasing agent of the city who makes or enters into any contract agreement for the provision of any goods or services of any kind or nature whatsoever for and on behalf of the city.
COURT: The district court in and for Black Hawk County, Iowa, or any judge or magistrate of said court if the court is not in session at that time.
DIRECTOR: The person selected pursuant to civil service rules and regulations, recommended by the human rights commission, appointed by the mayor, subject to approval by the city council, who shall have such duties, powers and authority as may be conferred upon him by the commission, subject to the provisions of this chapter.
DISABILITY: With respect to an individual:
A. A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
B. A record of such an impairment; or
C. Being regarded as having such an impairment.
EMPLOYEE: Any person employed by an employer.
EMPLOYER: The city of Waterloo or any political subdivision, board, commission, department, institution or school district thereof, and every other person employing employees within the city.
EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportunities to work for any other person or any person holding himself to be equipped to do so.
FAMILIAL STATUS: One or more individuals under the age of eighteen (18) domiciled with either of the following:
A. A parent or another person having legal custody of the individual or individuals; or
B. The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person.
GENDER IDENTITY: A gender related identity of a person, regardless of 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 dealing with employers concerning grievances, terms or conditions of employment.
PERSON: One or more individuals, partnerships, associations, corporations, legal representatives, trustees or receivers. It also includes, but is not limited to, any owner, lender, builder, manager, broker, salesperson, agent, employee or lending institution; and includes all political subdivisions and agencies of the city and any commission, authority, board or other instrumentality of government.
PUBLIC ACCOMMODATION: Each and every 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 or charge, provided that any place, establishment or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall 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 gratuity, it shall be deemed a public accommodation during such period. Public accommodation also includes each state and local government unit or tax supported district of whatever kind, nature or class that offers services, facilities, benefits, grants or goods to the public, gratuitously or otherwise. This definition shall not be construed by negative implication or otherwise to restrict any part or portion of the preexisting definition of the term "public accommodation".
The following private entities are considered "public accommodations" for purposes of the Americans with disabilities act, if the operations of such entities affect commerce:
A. An inn, hotel, motel or other place of lodging, except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;
B. A restaurant, bar or other establishment serving food or drink;
C. A motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment;
D. An auditorium, convention center, lecture hall or other place of public gathering;
E. A bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment;
F. A laundromat, dry cleaner, bank, barbershop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a healthcare provider, hospital or other service establishment;
G. A terminal, depot or other station used for specified public transportation;
H. A museum, library, gallery or other place of public display or collection;
I. A park, zoo, amusement park or other place of recreation;
J. A nursery, elementary, secondary, undergraduate or postgraduate private school or other place of education;
K. A daycare center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment; and
L. A gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation.
REFERRAL: The process whereby the Iowa civil rights commission notifies the local commission that a complaint has been filed with the state commission and that the state is postponing its investigative activities for a period of sixty (60) days while the local commission investigates and attempts to resolve the matter.
RESPONDENT: That person against whom a complaint has been filed with the commission.
RETALIATION: Any act directed at a complainant or other person with the intent of affecting that person unfavorably because of his formal or informal efforts to secure or aid in securing compliance with this chapter.
SEXUAL ORIENTATION: Actual or perceived heterosexuality, homosexuality, or bisexuality.
UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as unfair or discriminatory in this chapter. (Ord. 4064, 1-3-1995; amd. Ord. 4891, 11-13-2007)