As used in this chapter, unless the context requires otherwise, the following definitions apply:
DISCRIMINATION: "Discrimination", "discriminate" or "discriminatory" means any act, policy, or practice that has the effect of unfavorably subjecting any person to different or separate treatment on the basis of their sexual orientation or gender identity or expression, or because of their association with a person or group of people so identified. "Discrimination", "discriminate" or "discriminatory" also means any act, policy, or practice that has the effect of unfavorably subjecting any person to different or separate treatment on the belief that a person has a particular sexual orientation or gender identity and/or expression, even if that belief is incorrect.
EMPLOYEE: An individual employed by an employer.
EMPLOYER: An employer of one or more persons or an agent of the employer, but not including a fraternal, charitable, or religious association or corporation unless the association or corporation is organized either for private profit or to provide accommodations or services that are available on a nonmembership basis.
EMPLOYMENT AGENCY: A person undertaking to procure employees or opportunities to work.
GENDER IDENTITY OR EXPRESSION: A gender related identity, expression, or behavior, regardless of the individual's sex at birth.
HOUSING ACCOMMODATION: A building or portion of a building, whether constructed or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters of its occupants.
LABOR ORGANIZATION: An organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees.
PERSON: One or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations.
PUBLIC ACCOMMODATION: A place that caters or offers its services, goods, or facilities to the general public, subject only to the conditions and limitations established by law and applicable to all persons. It includes, without limitation, a public inn, restaurant, eating house, hotel, roadhouse, place where food or alcoholic beverages or malt liquors are sold for consumption, motel, soda fountain, soft drink parlor, tavern, nightclub, trailer park, resort, campground, barbering, cosmetology, electrology, aesthetics, or manicuring salon or shop, bathroom, rest house, theater, swimming pool, skating rink, golf course, ball field, cafe, ice cream parlor, transportation company, hospital, and all other public amusement and business establishments.
Public accommodation does not include an institution, club, or place of accommodation that proves that it is, by its nature, distinctly private. An institution, club, or place of accommodation may not be considered by its nature distinctly private if it has more than one hundred (100) members, provides regular meal service, and regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages, directly or indirectly, from or on behalf of nonmembers, for the furtherance of trade or business. For the purposes of this definition, any lodge of a recognized national fraternal organization is considered by its nature distinctly private.
SEXUAL ORIENTATION: Heterosexuality, bisexuality, or homosexuality. (Ord. 16-07, 4-5-2016)