§ 12-6. Definitions.

Unless otherwise defined, as used in this Ordinance:

Because of age or on the basis of age applies to persons 40 years of age or older.

Because of sex or on the basis of sex includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions.

Board means the Orange County Board of Commissioners.

Commission means the Orange County Human Relations Commission.

Commission staff means the person or persons employed by Orange County to administer this Ordinance.

Complainant means a person who has filed a written, signed, and verified Complaint with the Commission pursuant to this Ordinance.

Covered entity means an employer, employment agency, labor organization, or joint labor-management committee.

Covered multifamily dwelling means

(a)

A building, including all units and common use areas, in which there are four or more units if the building has one or more elevators; or

(b)

Ground floor units and ground floor common use areas in a building with four or more units.

Direct threat means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

Disability means, with respect to an individual:

(a)

A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(b)

A record of having such an impairment; or

(c)

Being regarded as having such an impairment as described in (a) or (b) of this definition.

Drug means a controlled substance as defined by section 202 of the Controlled Substances Act (21 U.S.C. § 812).

Employer means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. Employer does not include:

(a)

The State of North Carolina, any of its agencies or departments;

(b)

The United States or a corporation wholly owned by the government of the United States;

(c)

An Indian Tribe; or

(d)

A bona fide private membership club (other than a labor organization) which is exempt under section 501(c) of the Internal Revenue Code.

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 a person.

Familial status means one or more persons who have not attained the age of 18 years being domiciled with:

(a)

A parent or another person having legal custody of the person or persons; or

(b)

The designee of the parent or other person having such custody, provided the designee has the written permission of the parent or other person.

The protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

Family includes a single individual.

Financial institution means any banking corporation or trust company, savings and loan association, credit union, insurance company, or related corporation, partnership, foundation, or other institution engaged primarily in lending or investing funds.

Housing accommodation means any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals.

Illegal use of drugs means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. § 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of federal law.

Labor organization means a labor organization and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which 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, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

Person means any individual, association, corporation, partnership, labor union, legal representative, receiver, fiduciary, mutual company, joint stock company, trust, trustee in bankruptcy, unincorporated organization, or other legal or commercial entity.

Public accommodation means any place or facility, of whatever nature, located in Orange County which is open to the public.

Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds, desires, or held. For purposes of this Ordinance, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

Real estate transaction means the sale, exchange, rental or lease of real property, or any policy, practice, decision, act, or failure to act that affects the availability of real property or the conditions under which real property is available or is occupied for residential purposes.

Real property means a building, structure, real estate, land, tenement, leasehold, interest in real estate cooperatives, condominium, and hereditament, corporeal and incorporeal, or any interest therein.

Reasonable accommodation means:

(a)

Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

(b)

Job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modification of examinations, training materials or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.

Religion means 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.

Respondent means a person, employer, employment agency, labor organization, joint labor-management committee, or other entity against whom a Complaint has been filed pursuant to this Ordinance.

Right-to-sue letter means a letter issued by the Commission to a Complainant which authorizes the Complainant to bring a civil action against the Respondent in the Superior Court.

Superior Court means the Orange County Superior Court.

Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:

(a)

The nature and cost of the accommodation needed under this Ordinance;

(b)

The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

(c)

The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and

(d)

The type of operation or operations of the covered entity, including the composition, structure, and functions of the work force of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

Veteran status means past service as an employee or member of the United States military, or any agency, or subdivision thereof. Nothing contained in this Ordinance shall be construed to repeal or modify any local law or policy creating special rights or preferences for veterans. Nothing contained in this Ordinance shall be construed to repeal, modify, or prevent any employer practice creating special rights or preferences for veterans.

(Ord. of 8-3-1995, Art. III, eff. 1-1-1995)