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In this Title:

(1) “Anti-Discrimination Board” or “Board” means the Board comprised of three persons appointed by the City Manager and operating as set forth in this Title.

(2) “City” means West Valley City, Utah.

(3) “City Attorney” means the duly appointed West Valley City Attorney and includes the City Attorney’s designated subordinate attorneys.

(4) “City Manager” means the duly appointed City Manager of West Valley City and includes the City Manager’s designated representatives.

(5) “Complainant” means a person, including the Board or a member of the Board, who files a complaint under this chapter.

(6) “Conciliation” means the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the Complainant, the Respondent, and the Board.

(7) “Conciliation Agreement” means a written agreement setting forth the resolution of issues by conciliation under this chapter.

(8) “Discrimination” means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person’s actual or perceived sexual orientation or gender identity or because of a person’s association with any such person. Discrimination shall not be interpreted to require or to grant or accord preferential treatment to any person because of that person’s sexual orientation or gender identity.

(9) “Dwelling” means any building or structure, or a portion of a building or structure, occupied as, or designed or intended for occupancy as, a residence of one or more families inside the City and vacant land that is offered for sale or lease for the construction or location of a dwelling inside the City

(10) “Employee” means any individual applying with or employed by an employer. The term does not include an elected official.

(11) “Employer” means any person employing fifteen (15) or more employees in the City for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and includes any agent of such a person.

(12) “Employment Agency” means any person, and any agent of a person, undertaking to procure employees or opportunities to work for any other person in the City or holding itself out to be equipped to procure employees or opportunities to work for any other person in the City.

(13) “Gender Identity” means a person’s actual or perceived gender identity, appearance, mannerisms, or other characteristics of an individual with or without regard to the person’s sex at birth.

(14) “Labor Organization” means any organization that exists for the purpose in whole or in part of collective dealing with Employers concerning grievances, terms or conditions of employment; or other mutual aid or protection in connection with employment.

(15) “Otherwise Qualified” means a person who possesses the following required by an employer for any particular job, job classification, or position:

a. education;

b. training;

c. ability;

d. moral character;

e. integrity;

f. disposition to work;

g. adherence to reasonable rules and regulations; and

h. other job related qualifications required by an employer.

(16) “Person” means one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, receivers and the City.

(17) “Real Estate Broker or Salesperson” means a principal real estate broker, an associate real estate broker, or a real estate sales agent as those terms are defined in Utah Code Section 61-2-2 or any successor provision.

(18) “Religious Organization” means a religious corporation, association, educational institution, society, trust or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole.

(19) “Rent” means to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.

(20) “Residential Real Estate Related Transaction” means the making or purchasing loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or secured by residential real estate; or selling, brokering, or appraising residential real property inside the City.

(21) “Respondent” means a person identified in a complaint as having committed an unlawful practice under this chapter.

(22) “Sexual Orientation” means a person’s actual or perceived orientation as heterosexual, homosexual, or bisexual.

(23) “Unlawful Practice” means a discriminatory act or practice relating to employment or housing that is prohibited under this chapter.

(Ord. No. 10-16 Enacted 06/11/2010)