§ 2.360.040. Definitions.

Whenever use in this chapter the following words shall have the meanings indicated:

A.

"Age" means over the age of 40.

B.

"Discrimination" means disparate treatment, policies or practices which perpetuate in the present the effects of past discrimination, policies or practices having disparate impact not justified by business necessity or bona fide occupational qualifications, and failure to make reasonable accommodation to an applicant's or employee's religious observances or practices.

C.

"Employer" means the city.

D.

"Employment practices" means any solicitation of, or advertisement for employee or employment; any action resulting in changes in grade or work assignment in place or location of work; any determinations affecting the layoff, suspension or termination of employees, the rate of pay or other form of compensation including vacation, sick leave and compensatory time; any decisions affecting the selection for training including apprenticeship programs, the grant of employee benefits an participatory activities and promotions; any actions taken to discipline employees for infractions of work rules or employer requirements; functional reorganization; and any other actions which affect the terms and conditions of employment. The term "functional reorganization" includes the employment decisions with respect to increases or decreases in staff brought about by changes in management organization but shall not include the actions or consideration giving rise to such changes or the alteration or modification of the duties, responsibilities, or authority of existing staff.

E.

"Equal Opportunity Employer" means an employer who practices equal opportunity employment.

F.

"Equal Opportunity Employment" means the utilization of employment practices by an employer that do not discriminate against any protected class.

G.

"Disabled individual" means a person who (1) has a physical or mental impairment which limits one or more of such person's major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment.

H.

"Medical condition" means any health impairment for which a person has been rehabilitated or cured, based on competent medical evidence.

I.

"Protected class" means a group of persons identified with respect to the race, religion, color, ancestry, sex, age, marital status, medical condition, or sexual orientation of its members.

J.

"Relevant labor market" means that pool of workers, for each position that an employer maintains, that is ready, willing, and possesses the requisite skills to perform the tasks, functions, and duties of the position. The relevant labor market varies as a function of the skills required for the positions and the salary and benefits associated with the position.

(Ord. 6899 § 4 (part), 2002: Ord. 6229 § 2 (part), 1987)