For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. These definitions will be superseded by KRS 344.010(4) and 344.030(1) and applicable federal and state law that may be in effect at the time of a violation.
AGE. A person 40 years and older.
BONA FIDE OFFER. A written offer to purchase, exchange, rent, or lease any housing accommodation that is made in good faith without fraud or deceit.
DISABILITY. An individual who: (a) has a physical or mental impairment that substantially limits one or more of the major life activities of the individual; (b) has record of such an impairment; or (c) is regarded as having such an impairment. The term does not include persons with current or past controlled substance or alcohol abuse problems and persons excluded from coverage by the Americans with Disabilities Act of 1990.
DISCRIMINATION. An act or practice of exclusion, restriction, segregation, limitation, refusal, denial, differentiation or preference in the treatment of a person or persons prohibited under this chapter.
DISCRIMINATORY PRACTICE. An act unlawful under this chapter.
DWELLING. A building, structure or portion thereof which is occupied as or intended for occupancy as a residence by two or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure or portion thereof.
EMPLOYEE. An individual employed by an employer, but excluding an individual employed by his or her parents, spouse, child, relatives, or an individual employed to render services as an advisor, counselor or confidant, or as a nurse, domestic or personal companion in the home of the employer.
EMPLOYER. Any person who has employees within the county in each of 20 or more calendar weeks in the current or preceding calendar year and an agent of such a person. Except for purposes of determining discrimination based on disability, an EMPLOYER means a person engaged in an industry affecting commerce who has at least one employee for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that person, excluding the United States, the Commonwealth of Kentucky or one of its agencies or corporations.
EMPLOYMENT AGENCY. Any person regularly undertaking, either with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer including any agent of such person.
FAMILIAL STATUS. Any individual under the age of 18 years and who is domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having custody, with the written permission of such parent or other persons. The protection afforded against discrimination on the basis of FAMILIAL STATUS applies to any person who is pregnant or is in the process of securing legal custody of any individual under the age of 18 years.
FAMILY. Includes an individual, spouse, and child(ren), whether related by blood, legal guardianship, marriage or adoption.
GENDER IDENTITY. Manifesting a gender identity not traditionally associated with one's biological or psychological maleness or femaleness.
PERSON. An individual, corporation, limited liability company, partnership, association, labor organization, legal representative, mutual company, joint-stock company, trust, unincorporated organization, trustee, trustee in bankruptcy, receivers and fiduciaries.
PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT. A place, building, facility, store or other establishment, whether licensed or unlicensed, from which goods or services are furnished to the general public or from which patronage or trade is solicited of the general public or which is directly supported by government funds; provided, however, that a private club or organization is not a PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT if its policies are determined by its members and its facilities or services are available only to its members and its members' guests. This definition does not include a dwelling, rooming or boarding house containing fewer than three rooms for rent or hire and which is within a building occupied by the proprietor as his or her residence. The exemptions afforded to a PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT include also those contained in KRS 344.130.
SEXUAL ORIENTATION. An individual's actual or imputed hetero-, homo- or bisexuality.
(Ord. 2019-15, passed 1-14-2020)