§ 19-3. Definitions.

As used in this chapter:

Age is defined as an individual's chronological age, except as otherwise provided by law.

Color is defined as an individual's skin pigmentation.

Discrimination or discriminate means without limitation, any act which, because of race, color, religion, sex, age, height or weight, marital status, sexual orientation, familial status, national origin, or physical or mental disability, results in the unequal treatment or separation of any person, or denies, prevents, limits or otherwise adversely affects the benefit or enjoyment of any person, of employment, ownership or occupancy of real property or public accommodations and public services.

Employment is defined as the act of hiring, recruiting, retaining and promoting of a person to perform the duties of a particular job or position.

Familial status is defined as one or more individuals under the age of 18 years residing with a parent or other person having custody or in the process of securing legal custody of the individual or individuals or residing with the designee of the parent or other person having or securing custody, with the written permission of the parent or other person. For purposes of this definition, "parent" includes a person who is pregnant.

Height or weight is defined as the physical characteristics of an individual as it relates to that individual's size and shall apply only to employment.

Housing is defined as the opportunity to purchase, lease, sell, hold, rent, use, and convey dwelling units.

Marital status is defined as the state of being single, married, separated, widowed, or divorced.

National origin is defined to include the national origin of an ancestor.

Person is defined as an individual, firm, partnership, corporation, association, organization, unincorporated organization, labor organization, trustee, receiver or other fiduciary.

Physical or mental disability is defined to mean one or more of the following:

(1)

A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic:

a.

Where applicable, substantially limits one or more of the major life activities of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position or substantially limits one or more of the major life activities of that individual and is unrelated to the individual's qualifications for employment or promotion;

b.

Where applicable, is unrelated to the individual's ability to utilize and benefit from a place of public accommodations and public services;

c.

Where applicable, is unrelated to the individual's ability to utilize and benefit from educational opportunities, programs, and facilities at an educational institution;

d.

Where applicable, substantially limits one or more of that individual's major life activities and is unrelated to the individual's ability to acquire, rent, or maintain property.

(2)

A history of a determinable physical or mental characteristic described in subparagraph (1)a.

(3)

Being regarded as having a determinable physical or mental characteristic described in subparagraph (1)a.

(4)

"Unrelated to the individual's ability" means, with or without accommodation, an individual's disability does not prevent the individual from doing one or more of the following:

a.

Where applicable, performing the duties of a particular job or position;

b.

Where applicable, utilizing and benefitting from a place of public accommodation or public services;

c.

Where applicable, utilizing and benefitting from educational opportunities, programs, and facilities at an educational institution; and

d.

Where applicable, acquiring, renting, or maintaining property.

Place of public accommodations is defined as any business or educational, cultural, governmental, health care, day care, entertainment, recreational, refreshment, transportation, financial institution or facility of any kind, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.

Public services is defined as a public facility, department, or agency owned, operated, or managed by or on behalf of a city, village, township, county or school district, or any authority, agency, or combination thereof, or a tax exempt private agency established to provide services to the public.

Sexual orientation is defined as, real or perceived, male or female heterosexuality, bisexuality, homosexuality, or gender identity.

(Ord. No. 541, § 1, 10-18-2011)