§ 5-5-2. DEFINITIONS.

In this chapter:

(1)

AIDS means a medical condition which shall have the same meaning as that defined by the federal Center for Disease Control in Atlanta, Georgia; said definition shall be maintained by the City's Human Resources Department and shall be incorporated within this chapter for all purposes.

(2)

BODY FLUIDS means those body tissues, secretions, and excretions which have been shown to contain live HIV particles and which have a proven epidemiologic role in transmission of HIV. These include blood, plasma, semen, seminal fluid and vaginal secretions.

(3)

BONA FIDE OCCUPATIONAL QUALIFICATION means a job qualification or requirement that is reasonably related to the satisfactory performance of the duties of a job; and for which there is a factual basis for believing that a person of the excluded group would be unable to perform satisfactorily the duties of the job with safety; and there exists no less discriminatory means of satisfying the occupational qualification.

(4)

BUSINESS ESTABLISHMENT means any entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements consist only of payment of fees or consist of requirements under which a substantial portion of the residents of this City would qualify.

(5)

COMMISSION means the Austin Human Rights Commission.

(6)

DIRECTOR means the director of the Human Resources Department or his/her designee.

(7)

EMPLOYER means a person engaged in an industry affecting commerce who has 16 or more employees at the time the alleged discrimination occurred.

(8)

EMPLOYMENT AGENCY means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such person.

(9)

HIV-INFECTED INDIVIDUALS means those persons infected with AIDS or persons with AIDS related complex and healthy individuals infected with the HIV virus. It also includes those persons who are HIV seropositive, which is an indication of exposure to the HIV virus.

(10)

LABOR ORGANIZATION means a labor organization engaged in an industry affecting commerce and includes:

(a)

Any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and that 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;

(b)

Any conference, general committee, joint or system board, or joint council so engaged that is subordinate to a national or international labor organization; and

(c)

An agent of a labor organization.

(11)

PERSON means any individual, person, firm, corporation, or other organizations or group of persons, however organized, the City and any of its officers, agents, boards, commissions, but does not mean federal or state agencies.

Source: 1992 Code Section 7-5-2; Ord. 031106-12; Ord. 031211-11.