Section 12-32 Definitions.

    For the purposes of this Article, the following words and terms shall have the meanings respectively ascribed:

    Commission. The commission on human rights.

    Complainant. A person who has filed a complaint with the commission alleging that another person has engaged in a discriminatory practice.

     Complaint.  A written charge of discrimination alleging that a person has engaged in a discriminatory practice.

    Disability. A physical or mental impairment which substantially limits one or more of a person’s major life activities, being regarded as having such an impairment, or a record of having such an impairment, which with or without reasonable accommodation does not interfere with performing the job, utilizing the place of public accommodation, or occupying the dwelling in question.  However, a person may be considered to have a disability if that person:

    (a)    Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or has otherwise been rehabilitated successfully and is no longer engaging in such use and is not currently addicted;

    (b)    Is participating in a supervised rehabilitation program and is no longer engaging in illegal use of controlled substances; or

    (c)    Is erroneously regarded as currently illegally using, or being addicted to, a controlled substance.

For purposes of this article, individuals with HIV infection, acquired immune deficiency syndrome (AIDS) or acquired immune deficiency syndrome-related complex (ARC) shall be deemed to have a disability; provided that such protection shall not include individuals who have a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of other individuals or who, by reason of the currently contagious disease or infection, are unable to perform the duties of their employment.

    Discriminatory practice. An act, practice, or course or conduct made unlawful by this Article.

    Dwelling. Any building, structure, or portion thereof which is occupied as, or designated or intended for occupancy as, a residence by one (1) or more families, or occupied, designed or intended for occupancy by one or more persons for commercial, professional or institutional purposes, and any vacant land which is offered for sale or leased for the construction or location thereon of any such building, structure or portion thereof.

    Employer. The city or any department, board, commission, or agency thereof, or any person who employs one (1) or more individuals within the jurisdiction of city, exclusive of parents, spouse or children of such person, and any person acting directly in the interest of an employer.

    Employee. Any individual employed by an employer.

    Employment agency. This term includes any person or agency, public or private, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any person acting in the interest of such person.

     Familial status. One or more individuals who have not attained the age of eighteen (18) years being domiciled with:

    (1)    A parent or another person having legal custody of such individual; or

    (2)    The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any individual who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

    Family. This word includes a single individual.

     Gender identity.  The gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.

    Housing for older persons.
    (1)    Provided under any state or federal program that the commission determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or

    (2)    Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

    (3)    Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit.

    Housing qualifies as housing for older persons under this article if:

    (a) The housing has significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

    (b) At least eighty (80) percent of the units are occupied by at least one person fifty-five (55) years of age or older per unit; and

    (c) The owner or manager of the housing has published and adhered to policies and procedures which demonstrate an intent to provide housing for persons fifty-five (55) years of age or older.

     Investigator. A city employee whose job duties include investigating complaints or any individual appointed under commission rules to investigate a complaint.

    Labor organization. This term includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment.

    Person. One or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, fiduciaries, receivers, or other organized groups of persons.

    Protected category. Race, color, religion, sex, national origin, ancestry, marital status, disability , sexual orientation, or gender identity.

    Public accommodation. All places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages and accommodations for the peace, comfort, health, welfare and safety of the general public, and such public places providing food, shelter, recreation and amusement.

    Rent. To lease, to sublease, to let or otherwise to grant for a consideration the right to occupy a dwelling not owned by the occupant.

    Respondent. A person against whom a complaint has been filed with the commission concerning a discriminatory practice.

    Sexual orientation. Male or female homosexuality, heterosexuality and bisexuality, by preference, practice or as perceived by others, but not including sexual preference or practice between an adult and a minor.

(Code 1964, § 7.2010; Ord. No. 1224, § 1, 4-17-89; Ord. No. 13194 § 4, 12-16-91; Ord. No. 13385, § 1, 7-20-92; Ord. No. 13657, § 1, 5-3-93; Ord. No. 17127, § 1, 1-7-02; Ord. No. 21177, § 1, 12-5-11; Ord. No. 21204, § 1, 1-3-12; Ord. No. 21416, § 1, 9-4-12)

(Ord. 21416, Amended, 09/04/2012, Prior Text; Ord. 21204, Amended, 01/03/2012, Prior Text; Ord. 21177, Amended, 12/05/2011, Prior Text; Ord. 17127, Amended, 01/07/2002, Prior Text)