§ 57.01. Definitions.  


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  • The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    (1)

    "Age." The prohibition against age discrimination shall be limited to individuals who are at least forty (40) years of age.

    (2)

    The terms "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; and 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.

    (3)

    The term "Board," unless a different meaning clearly appears from the context, means the Chapter 57 Review Board created by this Chapter.

    (4)

    "Employee" means any individual employed by the employer except that neither the term "employee" nor this title includes any individual employed by his or her own parents, spouse or child, nor in the domestic service of any person.

    (5)

    "Employment agency" means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work.

    (6)

    "Employer" means any person who has more than five (5) full-time employees working more than thirty (30) hours per week, or who has more than ten (10) employees irrespective of the number of hours per week, in each of thirteen (13) or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

    (7)

    The term "family" includes the grandparents, parents, children, brothers, and sisters, whether by marriage or blood, and their spouses and children of either the property owner or spouse of the property owner.

    (8)

    "Gender Identity" includes actual or perceived sex, and shall also include a person's gender identity, self-image, appearance, expression or behavior, whether or not that gender identity, self-image, appearance, expression or behavior is different from that traditionally associated with the sex assigned to that person at birth.

    (9)

    "Handicapped persons" or "persons with a disability" mean persons who:

    a.

    Have a physical or mental impairment which substantially limits one or more of such persons' major life activities;

    b.

    Have a record of such impairment; or

    c.

    Are regarded as having such an impairment. A handicapped person does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such individual from performing the duties of employment, or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.

    (10)

    "Human Relations Official" means the Human Relations Official of the Human Relations Office.

    (11)

    "Labor organization" means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

    (12)

    The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

    (13)

    The term "public accommodation, resort or amusement" shall be as defined in Section 57.08.

    (14)

    The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that it is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

    (15)

    The term "sexual orientation" means the condition of being heterosexual, homosexual or bisexual. This definition is not intended to permit any practice prohibited by federal, state or local law and it is not intended to require or create any special preferences in employment or contracting. Moreover, none of the subcategories within the definition of "sexual orientation" shall be deemed as a minority entitled to any rights or privileges as set forth in Article II or III of this Chapter regarding MBE/WBE.

    (16)

    The term "unlawful discriminatory practice" includes only those practices specified in Section(s) 57.08 through 57.12 and 57.14.

(Ord. of 4-23-1973, § 1; Ord. of 11-19-1973, § 1; Ord. of 8-29-1983, Doc. #18037; Ord. of 8-28-1995, Doc. #28748; Ord. of 12-2-2002, § 1, Doc. #021202901; Ord. No. 2014-34, § 1, 8-11-2014, Doc. #1408111202)