Peoria — Ch. 17 Human Relations, Housing and Employment § 17-116

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Age means the chronological age of a person who is at least 40 years old, except with regard to any practice described in section 17-118 , insofar as that practice concerns training or apprenticeship programs. In the case of training or apprenticeship programs, for the purposes of such section, "age" means the chronological age of a person who is 18 but not yet 40 years old.
Construction means either new construction work or repair work on any roads, bridges, sewers, streets, alleys, buildings, or any other public works.
Contractor means persons who contract with the city in a total amount greater than $1,000.00 for any single contract in the current or preceding fiscal year.
Discriminate and discrimination include any difference in treatment based on any factor specified in section 17-117 .
Employ means to use or be entitled to the use and benefit of the services of a person as an employee.
Employee means: (1)
Any individual performing services for remuneration within this city for an employer.
(2) An apprentice.
(3) An applicant for any apprenticeship.
"Employee" does not include: (1)
Domestic servants in private homes.
(2) Individuals employed by persons who are not "employers" as defined by this division.
(3) Elected public officials or the members of their immediate personal staffs.
(4) Principal administrative officers of the state or of any political subdivision, municipal corporation or other governmental unit or agency.
(5) A person in a vocational rehabilitation facility certified under federal law who has been designated an evaluee, trainee or work activity client.
Employer includes: (1)
Any person employing not less than one nor more than 14 employees within the city during 20 or more calendar weeks within the calendar year of or preceding the alleged violation.
(2) Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his physical or mental handicap unrelated to ability.
(3) The state and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees.
(4) Any party to a public contract without regard to the number of employees.
(5) A joint apprenticeship or training committee without regard to the number of employees.
"Employer" does not include any religious corporation, association, educational institution, society, or nonprofit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or nonprofit nursing institution of its activities.
Employment means the state of being employed as an employee by an employer, but excluding the employment of individuals in domestic service.
Employment agency means both public and private employment agencies and any person, labor organization, or labor union having a hiring hall or hiring office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees.
Goal is a numerical figure expressed in percentage terms that indicates (1) the dollar amount of a construction project the City of Peoria reasonably expects a contractor to make a good faith effort to award to a minority or women business enterprise; and (2) the number of certified payroll hours that the City of Peoria reasonably expects a contractor to achieve using minority and woman skilled trade professionals.
Good faith effort is specific actions taken by a contractor to provide subcontracting opportunities to minority/women business enterprises and to encourage utilization of minority/female skilled trade professionals.
Handicap means a determinable physical or mental characteristic of a person, including, but not limited to, a determinable physical characteristic which necessitates the person's use of a guide, hearing or support dog, the history of such characteristic, or the perception of such characteristic by the person complained against, which may result from disease, injury, congenital condition of birth or functional disorder and which characteristic is unrelated to the person's ability to perform the duties of a particular job or position.
Hire means to engage or contract for, or attempt to engage or contract for the services of any person as an employee.
Labor organization means any organization, labor union, craft union or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.
Minority is a person who is a citizen or lawful permanent resident of the United States and who is either one or a combination of: (1)
African American (a person having origins in any of the black racial groups of Africa).
(2) Alaskan Native and/or American Indian (a person having origins in any of the original peoples of North America).
(3) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands).
(4) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race).
Minority business enterprise is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners.
Person includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, agents, mutual companies, joint stock companies, trusts, unincorporated organizations, public bodies or public corporations including but not limited to the city or any department or unit thereof.
Religion with respect to employers includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable 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.
Sexual harassment means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: (1)
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Sexual orientation means having, or being perceived as having, an emotional, physical or sexual attraction to another person, without regard to the gender of that person; or having, or being perceived as having, an orientation for such attraction; or having, or being perceived as having, a self image or identity not traditionally associated with one's biological maleness or femaleness. Sexual orientation does not include a physical or sexual attraction to a minor by an adult.
Unfavorable military discharge includes discharges from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "dishonorable."
Unlawful discrimination means discrimination against a person because of his race, color, religion, national origin, ancestry, age, sex, marital status, handicap, unfavorable discharge from military service, or sexual orientation as those are defined in this section.
Vendors shall mean persons who have sold more than $1,000.00 in worth of goods or services to the city in the current or preceding fiscal year.
Women business enterprise is a business concern that is (1) at least 51 percent owned by one or more women, or in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women; and (2) whose daily business operations are managed and directed by one or more of the women owners.
Cross reference-- Definitions and rules of construction generally, § 1-2 .