§ 66-52. Definitions.
Whenever used in this chapter, the following words and phrases shall have the meaning ascribed to them in this section:
Age means chronological age.
City manager means the city manager of the City of Bay City or his or her designee.
Contractor means a person who, by contract, furnishes services, materials, or supplies. Contractor does not include persons who are merely creditors or debtors of the city, such as those holding the city's notes or bonds or persons whose notes, bonds, or stock is held by the city.
Discriminate means to make a decision, offer to make a decision, or refrain from making a decision based in whole or in part on the actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity of another person.
(1)
Discrimination based on sex includes sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
a.
Submission to such conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations, or housing.
b.
Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual's employment, public accommodations, or housing.
c.
Such conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, or housing environment.
(2)
Discrimination based on actual or perceived physical or mental limitation includes discrimination because of the use by an individual of adaptive devices or aids.
Employer means any person employing one or more persons.
Employment agency means a person who undertakes to procure employees for an employer or procures opportunities for individuals to be employed by an employer.
Family status means the state of being in a family.
Family includes either of the following:
(1)
An individual who is pregnant; or
(2)
Two or more individuals related by blood within three degrees of consanguinity, marriage, adoption, in a foster care relationship, or legal custody relationship.
Gender identity means the gender with which one identifies regardless of that person's biological makeup.
Housing facility means any dwelling unit or facility used or intended or designed to be used as the home, domicile, or residence of one or more persons including, but not limited to, a house, apartment, rooming house, housing cooperative, hotel, motel, tourist home, retirement home, or nursing home.
Labor organization means an organization of any kind or structure in which employees participate or are members and which exists for the purposes, in whole or part, of dealing with employers concerning the terms and conditions of employment of its participants or members, whether or not such organization is subordinate to or affiliated with a national or international labor organization.
Marital status means the state of being married, never married, divorced, or widowed.
Perceived refers to the perception of the person who acts and not to the perception of the person for or against whom the action is taken.
Physical or mental disability means a determinable physical or mental characteristic resulting from disease, injury, congenital condition of birth, or functional disorder and is unrelated to one's ability to safely perform the work involved in jobs or positions available to such person for hire or promotion; or unrelated to one's ability to acquire, rent and maintain property; or unrelated to one's ability to utilize and benefit from the goods, services, activities, privileges, and accommodations of a place of public accommodation "Physical or mental disability" does not include any condition caused by the current illegal use of a controlled substance or the use of alcohol liquor by an individual.
Place of public accommodation means an educational, governmental, health, entertainment, cultural, recreational, refreshment, transportation, financial institution, business, or facility of any kind, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
Religious organization means an organization, church, group, or body of communicants that are organized not for pecuniary profit that regularly gathers for worship and religious purposes and includes a religious-based private school that is not organized for pecuniary profit.
Sexual orientation means male or female homosexuality, heterosexuality, or bisexuality, whether by orientation or practice. Sexual orientation does not include the physical or sexual attraction to a minor by an adult.
(Ord. No. 2016-3 , § 2, 4-18-16)