547.02 GENERAL DEFINITIONS.
(a) "Affirmative actions" includes, but is not limited to: hiring, reinstatement or upgrading of employees with, or without, back pay; admission or restoration to union membership or training programs with utilization of objective criteria for admission; sale or lease of housing accommodation and lending of money upon equal terms and conditions; cancellation recision or revocation of a contract, deed, lease or other instrument transferring any housing accommodation which is the subject of a charge of unlawful discrimination to a person who had knowledge or record notice, prior to the transfer or the execution of the agreement to make the transfer, that a charge under Section 547.18 was filed; payment to an injured person of profits obtained by respondent through a violation of Section 547.05(a)(9) hereof, payment for any injury caused by the discriminatory practice; awarding of costs; and a requirement for reports of the manner of compliance. If the Commission directs payment of back pay, it shall make allowance for interim earnings.
(b) "Burial lot" means any lot for the burial of deceased persons within any public burial ground or cemetery, including but not limited to, cemeteries owned and operated by municipal corporations, townships or companies or associations incorporated for cemetery purposes.
(c) "Commission" means the Human Relations Commission as established by Section 547.08. (Ord. 86-142. Passed 5-28-16.)
(d) "Discriminate" and "discrimination" shall mean to unlawfully segregate, separate or treat individuals differently based on race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, ancestry, national origin, place of birth, age, marital status or handicap.
(Ord. 21-82. Passed 3-17-21.)
(e) "Employee" does not include any individual employed in the domestic service of any person.
(f) "Employer" means any person who employs four or more persons, including the City, its departments, boards, commissions and authorities, and any person acting in the interest of any employer, directly or indirectly.
(g) "Employment" does not include the employment of individuals in domestic service.
(h) "Employment agency" means any person regularly undertaking, with or without compensation, to procure opportunities for employment or to procure, recruit, refer or place employees.
(i) "Housing accommodations" includes any building or structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied as the home residence signed to be used or occupied as the home residence or sleeping place of one or more individuals, groups or families whether or not living independently of each other, and any vacant land offered for sale or lease, including land offered for use as a trailer park and sites offered for mobile homes. It also includes any housing accommodation held or offered for sale or rent by a real estate broker, salesman or agent, or by any other person pursuant to authorization of the owner, by the owner himself or his legal representative.
(j) "Labor organization" means any organization which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in relation to employment.
(k) "Neighborhood" means any area or community within the City which has been recognized as such through custom and usage and which may be delineated by recognized boundaries, such as major highways, railroads or rivers and other natural barriers.
(l) "Person" means any individual, partnership, corporation, labor organization or other organization or association, including those acting in a fiduciary or representative capacity, whether appointed by a court or otherwise. The term "person" as applied to partnerships or other organizations or associations, includes their members, and as applied to corporations, includes their officers. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee and lending institution and the heads of all departments, boards, commissions, authorities and other administrative divisions of the City.
(m) "Place of public accommodation" means any inn, restaurant, eating house, barbershop, public conveyance by air, land or water, theater, store or other place for the sale of merchandise or any other place of public accommodation or amusement where the accommodations, credit, advantages, facilities or privileges thereof are available to the public.
(n) "Restrictive covenant" means any specifications, limiting the transfer, rental, lease or other use of any housing because of race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, national origin or ancestry, or place of birth, or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing race, natural hair types and natural hair styles commonly associated with race, color, religion, sexual orientation, gender identity, national origin, ancestry, age, marital status or handicap, or place of birth, as a condition of affiliation or approval.
(Ord. 21-82. Passed 3-17-21.)
(o) "Steering" means any real estate marketing, financing or advertising practice which limits the choice of a prospective user of housing accommodations due to race.
(q) (1) "Credit" means the right granted by a creditor to a person to defer payment of a debt, or to incur debt and defer its payment or purchase property or services and defer payment therefore;
(2) "Creditor" means any person who regularly extends, renews, or continues credit any person who regularly arranges for the extension, renewal or continuation of credit, or any assignee of any original creditor who participates in the decision to extend, renew or continue credit, whether or not any interest or finance charge is required;
(3) "Credit reporting agency" means any person who, for monetary fees, dues or on a cooperative nonprofit basis, regularly assembles or evaluates credit information for the purpose of furnishing credit reports to creditors.
(r) "Handicap" means a medically diagnosable, abnormal condition which is expected to continue for a considerable length of time, whether correctable or uncorrectable by good medical practice, which can reasonably be expected to limit the person's functional ability, including but not limited to seeing, hearing, thinking, ambulating, climbing, descending, lifting, grasping, sitting, rising or any related function, or any limitation due to weakness and significantly decreased endurance, so that he cannot perform his everyday routine living and working without significantly increased hardship and vulnerability to what are considered the everyday obstacles and hazards encountered by the nonhandicapped.
(s) "Redlining" means the practice of financial institutions denying loans, mortgages or home improvement loans and/or the practice of insurance companies or agencies in denying insurance to homebuyers and/or homeowners, in a neighborhood which the lender and/or insurance company, as the case may be, has classified as being on the decline or dilapidated.
(t) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions. Women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment- related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in this chapter shall be interpreted to permit otherwise. This chapter shall not be construed to require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term or except where medical complications have arisen from the abortion, provided that nothing in this chapter precludes an employer from providing abortion benefits or otherwise affects bargaining agreements in regard to abortion. "Because of sex" or "on the basis of sex" include but are not limited to another consenting person.
(Ord. 86-142. Passed 5-28-86.)
(u) “Natural Hair types” and “natural hair styles commonly associated with race” includes, but is not limited to, hair style, type, and texture, treated or untreated, as well as protective hairstyles such as natural hair, afros, braids, twists, cornrows and locks, which hair types and hair styles are commonly associated with African-Americans and their racial, ethnic, and cultural identities. (Ord. 21-83. Passed 3-17-21.)