As used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meaning described in this section:

    "Affirmative action" means those acts which the commission, as defined in this section, deems necessary to assure compliance with this chapter.

    "Aggrieved person" includes any person who:

    1.    Claims to have been injured by a discriminatory practice as defined by this chapter; or

    2.    Believes that injury by a discriminatory practice as defined by this chapter is about to occur.

    "Ancestry" refers to both the county from which a person's ancestors came and the citizenship of a person's ancestors.

    "Business" means any corporation or public association organized for profit.

    "Charge" means the statement of facts upon which the commission has found probable cause to believe that a discriminatory practice has occurred or is about to occur.

    "Commission" means the human rights commission created by Chapter 2.58.

    "Commission attorney" means the city attorney or such assistant of such attorney as may be assigned to the commission.

    "Complainant" means:

    1.    Any aggrieved person who files a complaint under this chapter; or

    2.    The director, deputy director or chairperson of the commission charging that a discriminatory practice was committed against a person other than himself or herself, or a class of people in order to vindicate the public policy of the city as defined by this chapter.

    "Complaint" means any written grievance filed by a complainant with the commission, signed and verified before a notary public or another person duly authorized by law to administer oaths and take acknowledgments.

    "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent and the commission.

    "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation accepted and agreed to by both the complainant and the respondent and the commission which is entered into in lieu of adjudication.

    "Director" means the director of the human rights commission.

    "Disability" means: With respect to a person:

    1.    A physical or mental impairment that substantially limits one or more of the person's major life activities;

    2.    A record of having an impairment described in subdivision (1) of this subsection;

    3.    Being regarded as having an impairment described in said subdivision.

    The term "disability" does not include current illegal use of or addition to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)).

    "Discriminatory practice" means

    1.    The exclusion of an individual from equal opportunities because of race, religion, color, sex, disability, national origin or ancestry; or a system which excludes individuals from equal opportunities because of race, religion, color, sex, disability, national origin or ancestry; or

    2.    The promotion of racial segregation or separation in any manner, including but not limited to, the inducing of, or the attempting to induce, for profit, any individual to sell or rent any dwelling by representations regarding the entry or prospective entry in the neighborhood of an individual or individuals of a particular race, religion, color, sex, disability, national original or ancestry; or

    3.    A violation of Section 9.20.050 which occurs after September 13, 1992 and is committed by a covered entity as defined by Section 9.20.050.

    Every discriminatory practice relating to the acquisition or sale of real estate, education, public accommodations, employment or the extending of credit (as credit is defined by Indiana Code, 24-4.5-1-301) shall be considered unlawful it is specifically exempted by this chapter.

    "Dwelling" means:

    1.    Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one or more families; or

    2.    Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1) of this subsection.

    "Educational institution" means all public and private school and training centers, except universities supported in whole or in part by state funds.

    "Employee" means any individual employed by another for wages or salary; provided, that it shall not include any individual employed by his/her parents, spouse or child, or in the domestic service of any individual.

    "Employer" means the city or any department thereof and any person employing six or more individuals within the city except that the term "employer" does not include:

    1.    Any nonprofit corporation or association organized exclusively for fraternal or religious purposes;

    2.    Any school, educational or charitable religious institutions owned or conducted by, or affiliated with, a church or religious institution; or

    3.    Any exclusively social club, corporation or association that is not organized for profit.

    "Employment agency" means any person undertaking with or without compensation to procure, recruit, refer or place employees.

    "Familial status" means:

    1.    One or more individuals (who have not attained the age of eighteen years) being domiciled with:

    a.    A parent or another person having legal custody of such individual or individuals, or

    b.    The designees or such parent or other person having such custody, with the written permission of such parent  or other person;

    2.    Any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.

    "Family" includes a single individual.

    "Housing unit" means any area which is:

    1.    A single room or suite of rooms or an apartment or dwelling occupied or intended for occupancy as separate living quarters by an individual, by a family or by a group of individuals living together; or

    2.    A parcel of real property or a lot available for the construction of a housing unit.

    "Labor organization" means any organization which exists for the purpose, in whole or in part, of collectively bargaining or of dealing with employers concerning wages, grievances, terms or conditions of employment or for other mutual aid or protection in relation to employment.

    "National origin" refers to both the country from which a person came and the citizenship of the person.

    "Owner" means the lessee, sublessee, assignee, managing agent or other person having the right of ownership or possession or the right to sell, rent or lease any housing unit.

    "Person" means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustee, trustees in bankruptcy, receivers and other organized groups of persons.

    "Probable cause" exists when facts and circumstances are sufficient so a reasonably prudent individual would be justified in believing that a discriminatory act has been or is being committed.

    "Public accommodations" means any establishment which caters or offers its services or facilities or goods to the general public.

    "Public hearing" means a hearing held by the commission to determine whether or not an act of discrimination has occurred. The hearing shall be held in the event that the investigation of a complaint has resulted in a finding of probable cause to believe that discrimination has occurred, and the complaint has not been closed by a conciliation agreement and a timely election has not been made under Section 9.28.360.

    "Real estate broker" means any person, partnership, association or corporation who for a fee or other valuable consideration sells, purchases, exchanges or rents, negotiates or offers or attempts to negotiate the sale, purchase, exchange or rental of the real property of another, or holds himself out as engaged in the business of selling, purchasing, exchanging or renting the real property of another, or collects rental for the use of real property of another.

    "Real estate salesperson or agent" means any person employed by a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker. The term "agent" as used in Section 9.24.030 (C) and (E) shall not include the owner, publisher or operator or employees of the owner, publisher or operator of any newspaper, radio or television station with respect to any announcement, advertisement or commercial purchased by any other person for publication or broadcast in or by any such newspaper, radio or television station or with respect to any news story, editorial or comment by a member of the public published or broadcast in or by any such newspaper, radio or television station.

    "Religion" means a practice including moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional views.

    "To rent" includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

    "Respondent" means:

    1.    The person accused of a violation of this chapter in a complaint or an amendment to a complaint; or

    2.    Any person joined as an additional or a substitute respondent.

    "Sex" is the word used to describe the biological differences that exist between male and female individuals.

    "State agency" means every office, officer, board, commission, 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 their municipal corporations, political subdivision or units of local government. (Ord. 92-45 (part), 1992; prior code § 12-1)