Section 12-32 Definitions.
Prior to the adoption of Ord. 17127 on 01/07/2002, Section 12-32 read as follows.
For the purposes of this Article, the following words and terms shall have the
Commission. The commission on human rights.
Complaint. A written charge of discrimination
alleging that a person has engaged in a
Complainant. A person
filing a complaint with the commission
concerning an act, practice or
course of conduct made unlawful by this Article who has filed a complaint with the commission
alleging that another person has engaged in a discriminatory practice.
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
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.
Handicap. A physical or mental impairment resulting in a disability unrelated
to a person's
ability to perform the duties of a particular job or position for which otherwise
would be eligible and qualified for employment or promotions; to utilize the existing public
accommodations; to acquire, rent or maintain property; to enter into a loan or other financial
transaction for the purpose of purchasing, constructing, improving, repairing or maintaining real
property; or to participate as a member in those organizations or facilities specified in section 12-41(1)--(3)
of this Article.
For purposes of this Article, individuals with HIV infection, acquired immune
syndrome (AIDS) or acquired immune deficiency syndrome-related complex (ARC) shall be
deemed to have a handicap; 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
Housing for older persons. Housing:
(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
(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
(b) At least eighty (80) percent of the units are occupied by at least one person
years of age or older per unit; and
(c) The owner or manager of the housing has published and adhered to policies
which demonstrate an intent to provide housing for persons fifty-five (55) years of age or older.
Investigating commissioner. The commissioner
assigned to investigate a complaint.
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,
representatives, trustees, trustees in bankruptcy, fiduciaries, receivers, or other organized groups
Protected category. Race, color, religion, sex, national origin, ancestry,
handicap or sexual orientation.
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
concerning a discriminatory practice.
Sexual orientation. Male or female homosexuality, heterosexuality and
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.
13385, § 1, 7-20-92; Ord. No. 13657, § 1, 5-3-93)