§ 11-1-2. Definitions.
For the purposes of this Chapter:
Age means any individual who is at least 40 years of age.
Commission means the Human Rights Commission, as established herein.
Complainant means any person who files a complaint with the Division, alleging that a violation of this Chapter has been committed.
Complaint means any written allegation on a form supplied by the Human Rights Division sufficient to indicate that a named respondent has committed a violation of this Chapter.
County means the County of Fairfax, Virginia.
Disability means any condition or characteristic that renders a person a disabled person.
A disabled person means any person who:
(1)
has a physical or mental impairment which substantially limits one (1) or more major life activities;
(2)
has a record of such impairment;
(3)
has been regarded as having such impairment.;
(a)
an individual meets the requirement of "has been regarded as having such impairment" if the individual establishes that he or she has been subjected to an action prohibited under this Ordinance 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.
(b)
this paragraph shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
Director means the person appointed to the position of Director of the Office of Human Rights and Equity Programs or the Director's designated representative.
Discriminate or discrimination or discriminatory means or describes any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial or any other act or failure to act or any other differentiation or preference of or for any person or any other difference in treatment which adversely affects such person because of their age, color, marital status (as limited by this Section), religion, national origin, race, disability or retaliated against because a person complained about discrimination under this Article.
Discrimination based on sex includes, but is not limited to, discrimination because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth or related medical conditions shall be treated under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in this Chapter shall be interpreted to permit otherwise. This Chapter shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion; provided, that nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.
Division means the Office of Human Rights Division.
Educational institution means any private: nursery, kindergarten, elementary or secondary school, academy, college, university, extension course or nursing, secretarial, business, vocational, technical, trade or professional school, or joint apprenticeship program.
Employee means an individual employed by an employer, except that the term "employee" shall not include any person elected to public office in any state or political subdivision of any state by the qualified voters, thereof.
Employer means any person who, within the County, in exchange for wages, salaries, commission or other benefits, employs four or more persons who are not family members to the employer (if an individual) or to any partner or majority shareholder of the employer (if a partnership or a corporation) and who are not employed in domestic service in the employer's personal residence. For purpose of this Section, family member shall mean: spouse, brother, nephew, parent, half sister, first cousin, child, half brother, mother-in-law, stepparent, stepsister, father-in-law, stepchild, stepbrother, daughter-in-law, grandparent, aunt, son-in-law, grandchild, uncle, sister-in-law, sister, niece, and brother-in-law.
Employment agency means all persons, including newspapers, internet providers, publishing help-wanted advertisements who with or without compensation undertake to solicit or advertise in the County for potential employees or refer persons for potential employment in the County.
Housing means any building, structure, mobile home site or facility, or portion thereof, located in the County that 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 persons, groups or families, and any vacant land located in Fairfax County offered for sale or lease for the purpose of constructing or locating thereon such building, structure or facility, and includes any interest in land or housing as so defined, fee simple, leasehold or other.
Labor organization means any association organized for mutual benefit and operating as a labor union, association, committee or organization for the purpose of collective bargaining and other lawful functions of labor unions, or any employee representation committee, any of whose numbers are employed in the County whether or not having a duly authorized charter as a local labor union from either a state or national labor organization, and whether or not registered with the Commonwealth of Virginia Department of Labor.
Lending institution means any bank, insurance company, savings and loan association, finance company, credit union, mortgage company, or any other person regularly engaged in the business of lending money or guaranteeing loans or furnishing consumer credit or other credit-related services.
Major life activities:
(1)
Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
(2)
A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
Mental impairment means any mental or psychological disorder, such as mental retardation, organic brain syndrome, neurological, emotional or mental illness, and specific learning disabilities. This shall not include alcoholism or drug addiction.
Non-residential real estate means any real property used for other than residential purposes.
Notice of investigation means any formal statement issued by the Commission, on a form to be prepared by the Human Rights Division, alleging that any person has committed a violation of this Chapter and thereby initiating an investigation of such alleged violation.
Party means any Complainant or Respondent.
Person means any individual or individuals, partnership, association, corporation, joint-stock company, internet service providers, labor union, mutual company, trustee in bankruptcy, receiver or other fiduciary, or the agent, legal representative or employee thereof.
Physical impairment means any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one (1) 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.
Public accommodation means and includes every business, professional or commercial enterprise, hospital or nursing home, refreshment, entertainment, sports, recreation or transportation facility located in the County, whether licensed or not, non-government entities, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available in any manner to the public. " Public accommodation" does not include a bona fide private club or other establishments not in fact open to the public.
Qualified disabled person means:
(1)
With respect to employment, a disabled person who, with or without reasonable accommodation can perform the essential functions of the job in question.
(2)
With respect to other goods or services, means any disabled person who meets the essential nondiscriminatory eligibility requirements for the receipt of such goods or services.
Real estate broker means a person doing business in the County of Fairfax who is the holder of a real estate broker's license issued pursuant to applicable laws of the Commonwealth of Virginia.
Real estate sales person means a person doing business in the County of Fairfax who is the holder of a real estate license issued pursuant to applicable laws of the Commonwealth of Virginia.
Real estate transaction means any sale, exchange, rental, lease, assignment, sublease or other transfer of housing, vacant land or commercial property.
Reasonable accommodation shall mean the efforts necessary to make suitable an environment for a disabled person without undue hardship or undue expense to a business or employer.
Religious organization means any organization, association or society organized or operated for exclusively religious purposes or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, unless membership in such organization, association or society is restricted on account of age, race, color, national origin, sex, disability or marital status for a non-religious reason.
Respondent means any person alleged in any complaint filed with the Human Rights Division, or in any Letter of Notification issued by the Human Rights Division, to have violated this Chapter.
Restrictive covenant means any specification purporting to restrict or affect the holding, occupancy, ownership, rental, lease, or transfer of any interest in land or housing on the basis of race, color, religion, sex, marital status, national origin, or disability.
(39-00-11; 46-02-11; 33-10-11.)
(39-00-11; 46-02-11; 33-10-11.)