(a)
Age. For the purpose of employment, any person who is 40
or more years of age.
(b)
AIDS. Acquired Immunodeficiency
Syndrome.
(c)
Commercial Housing. Housing accommodations held or
offered for sale or rent:
(.1) by a real estate broker, salesman or
agent or by any person pursuant to authorization of the owner;
(.2) by
the owner himself; or
(.3) by legal representatives, but shall not
include either the rental of a room or rooms in a personal residence or the
rental of one living unit other than that of the owner in a personal residence,
when such room, rooms or living unit is offered for rent by the owner or by his
broker, salesman, agent or
employee.
[643] (d)
Commission.
The Commission on Human Relations.
(e)
Discrimination. Any
difference in treatment in hiring, referring for hire, promoting, training, in
membership in employee or labor organizations because of race, color, sex,
sexual orientation, gender identity, religion, national origin, ancestry, age or
handicap; in rendering service in places of public accommodation because of
race, color, sex, sexual orientation, gender identity, religion, national
origin, ancestry or handicap; in the sale, lease, rental or financing of housing
because of race, color, sex, sexual orientation, gender identity, religion,
national origin, ancestry, handicap, marital status, age, presence of children
or source of
income.
[644] (f)
Employer.
Any person who employs one or more employees exclusive of parents, spouse or
children, including the City, its departments, boards and commissions, but
excluding any fraternal, sectarian, charitable or religious
group.
(g)
Employment. Shall not include the employment of
individuals as domestic servants or in a personal or confidential
capacity.
(h)
Employment Agency. Any person regularly
undertaking with or without compensation to procure opportunities to work or to
procure, recruit, refer or place employees.
(h.1)
Gender
Identity. Self-perception, or perception by others, as male or female, and
shall include a person’s appearance, behavior, or physical
characteristics, that may be in accord with, or opposed to, one’s physical
anatomy, chromosomal sex, or sex assigned at birth; and shall include, but is
not limited to, persons who are undergoing or have completed sex
reassignment.
[645] (i)
Handicap.
(1) For
the purpose of employment, any handicap or disability which does not
substantially interfere with the ability to perform the essential functions of
the employment which a handicapped person applies for, is engaged in or has been
engaged in. Uninsurability or increased cost of insurance under a group or
employee insurance plan does not render a handicap or disability job related. A
handicapped person is anyone who has a physical or mental impairment which
substantially limits one or more of his major life activities, or has a record
of such an impairment, or is regarded as having such an
impairment.
(2) As used in paragraph (i) of this Section, the phrase:
(i) "physical or mental impairment" means (A) any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss affecting one or more of
the following body systems: neurological; musculoskeletal; special sense organs;
respiratory; including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic, skin; and endocrine; and includes, but is
not limited to, (B) such diseases and conditions as orthopedic, visual, speech
and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, diabetes, Human Immunodeficiency Virus infection,
mental retardation, emotional illness, drug addiction (other than addiction
caused by current, illegal use of controlled substance) and
alcoholism.
(j)
Health Care Providers. Any medical doctor,
osteopath, dentist, podiatrist, optometrist, optician, chiropractor,
psychologist, social worker, pharmacist, nurse, midwife, emergency medical
technician, radiologist, x-ray technician, physician’s assistant, or
dental hygienist, licensed to practice under the laws of the Commonwealth of
Pennsylvania.
(k)
HIV. Human Immunodeficiency
virus.
(l)
HIV Disease. The spectrum of disease clinically
associated with HIV infection, encompassing both the symptomatic and
asymptomatic forms of the infection.
(m)
Housing Accommodation.
Any building, structure or portion thereof which is used or occupied or is
intended, arranged or designed to be used or occupied as the home residence or
sleeping place of one or more individuals, groups, or families, and any vacant
land offered for sale or lease for commercial housing.
(n)
Labor
Organization. Any organization which exists for the purpose, in whole or in
part, of collective bargaining or of dealing with employers concerning
grievances, terms, or conditions of employment or of other mutual aid or
protection in relation to employment.
(o)
Lending Institution.
Any bank, insurance company, savings and loan association or any other person or
organization regularly engaged in the business of lending money or guaranteeing
loans.
(p)
Life Partner. A member of a Life Partnership that is
verified pursuant to §
9-1106(2).
[646] (q)
Owner.
Shall include lessee, sublessee, assignee, manager, agent, or any other person
having the right of ownership or possession or the authority to sell, rent, or
lease any housing accommodation, including the City and its departments, boards
and commissions.
(r)
Marital Status. The status of being single,
married, separated, divorced, widowed or a life
partner.
[647] (s)
Personal
Residence. A building or structure occupied by the owner thereof as a bona
fide residence for himself and any member of his family forming his household
containing living quarters occupied or intended to be occupied by either no more
than two individuals, two groups or two families living independently of each
other, or no more than three roomers living independently of each other in
addition to the owner thereof and any of his family forming his
household.
[648] (t)
Presence
of children. Presence in a household of persons under twenty-one years of
age who are related by blood or marriage to, or in the custody of, the household
head.
[649] (u)
Public
Accommodation, Resort or Amusement. Any accommodation, resort or amusement
which is open to, accepts or solicits the patronage of the general public,
including but not limited to inns, taverns, roadhouses, hotels, motels whether
conducted for the entertainment of transient guests or for the accommodation of
those seeking health related services, recreation, or restaurants or eating
houses, or any place where food is sold for consumption on the premises,
buffets, saloon barrooms or any store, park or enclosure where spirituous or
malt liquors are sold, ice cream parlors, confectioneries, soda fountains and
all stores where ice cream, ice and fruit preparations or their derivatives, or
where beverages of any kind are retailed for consumption on the premises, drug
stores, dispensaries, clinics, hospitals, nursing homes, substance-abuse
treatment or rehabilitation programs, ambulance services, health care
providers’ professional offices, bathhouses, swimming pools, barber shops,
beauty parlors, retail stores and establishments, theaters, motion picture
houses, airdomes, roof gardens, music halls, race courses, skating rinks,
amusement and recreation parks, fairs, bowling alleys, gymnasiums, shooting
galleries, billiard and pool parlors, public libraries, kindergartens, primary
and secondary schools, high school, academies, colleges and universities,
extension courses and all educational institutions, mortuaries and funeral
parlors, non-sectarian cemeteries, garages and all public conveyances operated
on land or water or in the air as well as the stations, terminals and airports,
financial institutions and all City facilities and services but not any
accommodations which are in their nature distinctly private. No entity covered
by this definition shall invoke its private character for the purpose of
excluding or discriminating against any member of a group protected under this
Chapter.
[650] (v)
Roomer.
A person occupying any room or group of not more than two rooms forming a single
habitable unit used or intended to be used for living and sleeping, but not for
cooking or eating
purposes.
[651] (w)
Living
Unit. Any room or group of rooms forming a single habitable unit used or
intended to be used for living, sleeping, cooking and eating purposes and to be
occupied by no more than one family, one group or one
individual.
[652] (x)
Source
of Income. Shall include any lawful source of income, and shall include, but
not be limited to, earned income, child support, alimony, insurance and pension
proceeds, and all forms of public assistance, including Aid For Dependent
Children and housing assistance
programs.
[653] (y)
Sexual
Orientation. Male or female homosexuality, heterosexuality and bisexuality,
by preference, practice or as perceived by
others.
[654]