§ 5-3-2. DEFINITIONS.

In this chapter:

(1)

ADMINISTRATOR means the Equal Employment/Fair Housing Office administrator appointed by the director.

(2)

AGE means a person at least 40 years old.

(3)

CHARGE means a complaint filed by a charging party alleging discrimination under Section 5-3-4 ( Unlawful Employment Practices ), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, or Chapter 21 ( Employment Discrimination ) of the Texas Labor Code.

(4)

CHARGING PARTY means the person alleging discrimination in a charge.

(5)

COMMISSION means the Austin Human Rights Commission.

(6)

DIRECTOR means the Director of Human Resources Department.

(7)

DISABILITY, with respect to an individual, means:

(a)

a physical or mental impairment that substantially limits one or more of the major life activities of the individual;

(b)

a record of the impairment; or

(c)

being regarded as having an impairment.

(8)

EEOC means the Equal Employment Opportunity Commission.

(9)

EMPLOYEE means an individual employed by an employer, including a City employee. The term does not include an elected official of the City.

(10)

EMPLOYER means a person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and the person's agent. The term does not include the United States, or a corporation wholly owned by the government of the United States; a bona fide private membership club (other than a labor organization) which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; or the state, a state agency, or political subdivision.

(11)

EMPLOYMENT AGENCY means a person who regularly attempts, with or without compensation, to procure employees for an employer or to procure employment opportunities for employees, including the person's agent.

(12)

EQUAL EMPLOYMENT/FAIR HOUSING OFFICE means the office in the Human Resources Department responsible for receiving, investigating, conciliating, making determinations, and taking other action related to charges received under this chapter.

(13)

GENDER IDENTITY means a person's various individual attributes, actual or perceived, that may be in accord with or sometimes opposed to, one's physical anatomy, chromosomal sex, genitalia, or sex assigned at birth.

(14)

INVESTIGATOR means the person investigating a charge.

(15)

LABOR ORGANIZATION means a labor organization and its agent, including an organization, agency, or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council which is subordinate to a national or international labor organization.

(16)

RELIGION means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates the inability to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

(17)

RESPONDENT means the person against whom a charging party alleges discrimination in a charge.

(18)

SEX DISCRIMINATION means discrimination on the basis of gender, or any associated condition, including pregnancy, childbirth or related medical conditions. A woman affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes, including receipt of benefits under fringe benefit programs, as a person not so affected, but similar in their ability or inability to work.

Source: 1992 Code Section 7-3-2; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7; Ord. 20051215-010.