As used in this chapter unless the context clearly requires otherwise:
(1) “Acquisition of real property” means the sale, rental, lease, sublease, construction or financing, including negotiations and other activities or procedures incident thereto, of:
(A) Any building, structure, apartment, single room or suite of rooms or other portion of a building, occupied as or designed or intended for occupancy as living quarters;
(B) Any building, structure, or portion thereof, or any improved or unimproved land utilized, or designed or intended for utilization, for business, commercial, or industrial or agricultural purposes; or
(C) Any vacant or unimproved land offered for sale or lease for any purpose whatsoever.
(2) “Affirmative action” means those acts which the commission deems necessary to assure compliance with the city human rights ordinance.
(3) “Ancestry” refers to both the country from which a person’s ancestors came and the citizenship of a person’s ancestors.
(4) “Commission” means the Human Rights Commission hereinafter created.
(5) “Commission attorney” means the city attorney, or such assistants of the city attorney as may be assigned to the commission, or such other attorney as may be engaged by the commission or voluntarily lend his services to the commission.
(6) “Compensation” or “compensatory damages” means actual damages, except that damages to be paid as a result of discriminatory practices relating to employment shall be limited to lost wages, salaries, commissions or fringe benefits.
(7) “Complainant” means any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice or the commission attorney or a commissioner to the Bloomington Human Rights Commission charging that a discriminatory practice was committed against a person, other than himself, or a class of people in order to vindicate the public policy of the state as defined in Indiana Code 22-9-1-2, and the public policy of the city as defined in Section 2.21.020.
(8) “Complaint” means any written grievance filed by a complainant with the legal department. The original shall be signed and verified before a notary public or another person duly authorized by law to administer oaths and take acknowledgments. Notarial service shall be furnished by the legal department without charge.
(9) “Consent agreement” means a formal agreement entered into in lieu of adjudication.
(10) “Discriminatory practice” means the exclusion of a person by another person from equal opportunities because of race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, or disability; or a system which excludes persons from equal opportunities because of race, religion, color, sex, national origin, ancestry, sexual orientation, gender identity, or disability or the promotion or assistance of segregation or separation in any manner on the basis of the above categories; provided, it shall not be a discriminatory practice for an employment agency to refer for employment any individual, or for a joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in such program on the basis of his religion, sex or national origin in those particular instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; further, provided, that it shall not be discriminatory practice for a person to refuse to rent for occupancy as living quarters any space in owner-occupied multiple-dwelling structure on the basis of sex; provided, further, it shall not be a discriminatory practice for an employer to fail to employ or retain as an employee any person who because of a disability is physically or otherwise unable to efficiently and safely perform, at the standards set by the employer, the duties required by that job; provided, further, it shall not be a discriminatory practice to fail to promote or transfer a person with a disability to another job or occupation after he or she is employed unless, prior to such transfer, such person with a disability by training or experience is qualified for such job or occupation; provided, further, it shall not be a discriminatory practice for an employer to fail to modify physical accommodations or administrative procedures to accommodate a person with a disability.
(11) “Educational institution” includes all public and private schools and training centers, except that the term does not include any state agency as defined in subsection (25) of this section.
(12) “Employee” includes any person employed by another for wages or salary; provided, that it shall not include any individual employed by his parents, spouse or child.
(13) “Employer” includes any person employing six or more employees within the city, except that the term does not include not-for-profit corporation or association organized exclusively for fraternal or religious purposes; nor any school, educational or charitable religious institution owned or conducted by, or affiliated with, a church or religious institution; nor any exclusively social club, corporation or association that is not organized for profit; nor the city or any department thereof; nor any state agency as defined in subsection (25) of this section.
(14) “Employment agency” includes any person undertaking with or without compensation to procure, recruit, refer, or place employees.
(15) “Disabled” means:
(A) With respect to a person: (i) a physical or mental impairment that substantially limits one or more of the person’s major life activities; (ii) a record of having an impairment described in subsection (15)(a)(i) of this section; or (iii) being regarded as having an impairment described in subsection (15)(a)(i) of this section.
(B) The term “disabled” does not include the following: current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)), homosexuality, bisexuality, transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, compulsive gambling, kleptomania, pyromania or psychoactive substance use disorders resulting from current illegal use of drugs.
(16) “Labor organization” 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 mutual aid or protection in relation to employment.
(17) “Lending institution” means any bank, building and loan association, insurance company, or other corporation, association, firm or enterprise whose business consists in whole or part in making or guaranteeing loans secured by real estate or an interest therein.
(18) “National origin” refers to both the country from which a person came and the citizenship of the person.
(19) “Owner-occupied multiple-dwelling structure” includes only structures in which the owner of the premises actually resides, containing not more than three separate dwelling units, apartments, rooms or portions of the building designed or intended for occupancy as living quarters.
(20) “Person” includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, cooperatives, legal representatives, trustees in bankruptcy, trustees, receivers, any subdivisions of the state, and other organized groups of persons.
(21) “Public accommodation” means any establishment which offers its services, facilities, or goods to the general public.
(22) “Respondent” means one or more persons against whom a complaint is filed under this chapter, and who the complainant alleges has committed or is committing a discriminatory practice.
(23) “Sex,” as it is applied to segregation or separation in this chapter, shall apply to all types of employment, education, public accommodations, and housing; provided, that it shall not be a discriminatory practice to maintain separate restrooms or dressing rooms; and that it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its members or to classify or refer for employment any individual, or for any employer, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining programs to admit or employ any other individual in any such program on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and that it shall not be a discriminatory practice for a private or religious educational institution to continue to maintain and enforce a policy of admitting students of one sex only.
(24) “Sexual orientation” means an individual’s identity or practice as a lesbian woman, gay male, bisexual person or heterosexual person, whether actual or perceived.
(25) “State agency” means every office, officer, board, commission, council, department, division, bureau, committee, fund, agency, and without limitation by reason of any enumeration herein, every other instrumentality of the state of Indiana, every hospital, every penal institution and every other institutional enterprise and activity of the state of Indiana, wherever located; the universities supported in whole or in part by state funds; and the judicial department of the state of Indiana. “State agency” does not mean counties, county departments of public welfare, cities, towns, townships, school cities, school towns, school townships, school districts or other municipal corporations, political subdivisions, or units of local government.
(26) “Gender identity” means a person’s actual or perceived gender-related attributes, self-image, appearance, expression or behavior, whether or not such characteristics differ from those traditionally associated with the person’s assigned sex at birth. (Ord. 06-07 §§ 2—5, 2006; Ord. 98-22 §§ 2, 3, 1998; Ord. 93-28 §§ 2, 3, 1993; Ord. 85-67 § 2, 1985; Ord. 83-6 § 2 (part), 1983).