Definitions.

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For purposes of this chapter:

(1) “Automatic door” shall mean a door equipped with a power-operated mechanism and controls that open and close the door automatically upon receipt of a momentary actuating signal. The switch that begins the automatic cycle may be a photoelectric device, floor mat, or manual switch.

(2) “Chairperson” means the Chairperson of the State Human Relations Commission.

(3) “Commission” means the State Human Relations Commission.

(4) “Complainant” means the person who files a complaint under § 4508 of this title.

(5) “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations.

(6) “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

(7) “Disability'' means any condition or characteristic that renders a person a person with a disability as defined in this section.

(8) “Discriminatory public accommodations practice” means an act that is unlawful under this chapter.

(9) “Division” means the Division of Human Relations.

(10) “Gender identity” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth.

(11) “Has a record of such impairment” means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits 1 or more major life activities.

(12) “Is regarded as having an impairment” means an individual that establishes that the individual subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(13) “Major life activities” includes caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. “Major life activities” also includes the operation of a major bodily function, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological brain, respiratory, circulatory, endocrine, and reproductive functions. Such impairment does not include impairments that are transitory and minor.

(14) “Marital status” means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship.

(15) “Panel” means a group of 3 or more Commissioners appointed by the Chairperson to perform any task authorized by this chapter.

(16) “Panel chair” means that Commissioner serving on a panel who is designated by the Chairperson to serve as the Chairperson of the panel.

(17) “Person with a disability” means any person who satisfies any 1 of the following:

a. Has a physical or mental impairment which substantially limits 1 or more major life activities.

b. Has a record of such impairment.

c. Is regarded as having such an impairment.

(18) “Place of public accommodation” means any establishment which caters to or offers goods or services or facilities to, or solicits patronage from, the general public. This definition includes state agencies, local government agencies, and state-funded agencies performing public functions. This definition includes hotels and motels catering to the transient public, but it does not apply to the sale or rental of houses, housing units, apartments, rooming houses, or other dwellings, nor to tourist homes with less than 10 rental units catering to the transient public.

(19) “Protective hairstyle” includes braids, locks, and twists.

(20) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(21) “Religion” includes all aspects of religious observance and practice, as well as belief.

(22) “Respondent” means a person who is alleged to have committed a discriminatory public accommodations practice.

(23) “Service animal” means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(24) “Sexual orientation” includes heterosexuality, homosexuality, or bisexuality.

(25) “Special Administration Fund” means the Fund created pursuant to § 3005 of Title 31 .

(26) “Transitory impairment” means an impairment with an actual or expected duration of 6 months or less.


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