§ 12.201. Definitions.

Words and phrases used in this subtitle shall have their usual meaning except as defined below:

I.

Administrator means the County Executive's designee appointed to administer the Office of Human Rights.

II.

Affirmative action means affirmative action ordered pursuant to this subtitle may include, but shall not be limited to:

(a)

Hiring, reinstating or upgrading of employees, with or without back pay.

(b)

Admission or restoration of individuals to union membership or training.

(c)

Granting of a loan or mortgage.

(d)

Admission of individuals to public accommodations.

(e)

The rental or sale of housing.

(f)

The posting of notices as to the requirements of this subtitle and compliance therewith in conspicuous places in the respondent's place of business. The form of the notice shall be prescribed by the Administrator.

(g)

Provision for or completion of educational programs or training of supervisory or management personnel in the obligations imposed by this subtitle.

(h)

Provision for or completion of reasonable and economically feasible educational programs or training to promote upward mobility of those classes of employees against whom an employer has been found to have discriminated.

(i)

An award of damages to be paid by the respondent to the complainant or other person sustaining damages as a result of a violation of this subtitle. The damages shall be determined as to the actual damage or loss.

(j)

The filing of statistical or other reports with the Commission as to compliance with the provisions of this subtitle or of any order issued hereunder.

(k)

Adoption and implementation of goals, timetables and other affirmative action deemed appropriate.

(l)

Any other equitable relief or action that is deemed appropriate.

III.

Aggrieved individual means an individual who claims to have been injured by discrimination.

IV.

Complainant means any person, including the Commission or its members, who files a charge under section 12.212.

V.

Commission means the Human Rights Commission established pursuant to this subtitle.

VI.

Conciliation agreement means an agreement between the complainant and the respondent subject to approval by the Human Rights Administrator resolving issues raised by a complaint, or by the investigation of a complaint, and achieved through informal negotiations involving the complainant, the respondent, and the Office of Human Rights.

VII.

Familial status:

(a)

The status of individual(s) under age 18 domiciled with:

(1)

A parent or other individual having legal custody of the individual(s); or

(2)

A designee of the parent or other individual having legal custody of the individual(s), with written permission from the parent or other individual; or

(b)

The status of being a pregnant woman;

(c)

The status of an individual who is in the process of securing legal custody of an individual under age 18.

VIII.

Family includes a single individual.

IX.

Gender identity or expression means a gender-related identity or appearance of an individual regardless of the individual's assigned sex at birth.

X.

Disability means with respect to an individual:

(a)

A physical or mental impairment which substantially limits one or more of the individual's major life activities; or

(b)

A record of having such an impairment; or

(c)

Being regarded as having such an impairment.

But the term "disability" does not include current illegal use of or addiction to a controlled substance as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802).

XI.

Hearing means an inquiry, forum, investigation or meeting conducted pursuant to this subtitle.

XII.

Occupation means the lawful activity of one's life, regardless of income. It includes but is not limited to students, welfare recipients or retired persons.

XIII.

Office means the Office of Human Rights established pursuant to this subtitle.

XIV.

Person means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, financial institutions, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, agents, receivers, or fiduciaries, the government of Howard County and its agencies.

XV.

Personal appearance means outward appearance of a person with regard to hair style, facial hair, physical characteristics or manner of dress. It does not relate to a requirement of cleanliness, uniforms or prescribed attire, when uniformly applied, for admittance to a public accommodation or to a class of employees.

XVI.

Political opinion means the opinions of persons relating to:

Government,

The conduct of government,

Political parties,

Candidates for election, or

Elected office-holders.

XVII.

Respondent means a person against whom a complaint is filed pursuant to section 12.207B or 12.212 or this subtitle. Respondent includes a person identified during an investigation of a complaint and joined as an additional or substitute respondent.

XVIII.

Sexual orientation means the actual or perceived identification of an individual as to homosexuality, heterosexuality or bisexuality.

(C.B. 2, 1983; C.B. 138, 1991; C.B. 54, 2011, § 1; C.B. 14, 2014, § 1; C.B. 4, 2015, § 1)