9.16.040 Definitions.
As used in this chapter the words or phrases listed below shall have the following meanings:
“AIDS” means acquired immune deficiency syndrome.
“Business entity” means any person, partnership, corporation or other entity, whether public or private, however organized, which provides goods or services to the public. The existence of membership requirements does not exempt any organization if (1) the only requirement for membership is payment of dues, or (2) membership is restricted only by occupation, gender, age or similar qualification which includes a substantial number of Sonoma County residents, with or without dues.
“Discrimination” includes but is not limited to the following actions affecting a person based upon the knowledge or perception that the person has an HIV disease or infection:
1. By an employer: limiting, segregating, classifying or taking any adverse action against an otherwise qualified employee or job applicant;
2. By an employer: not making reasonable accommodations to the limitations of an otherwise qualified applicant or employee so as to deprive any individual of employment opportunities, or otherwise adversely affect his or her status as an employee;
3. By an employer: to fail or refuse to refer for employment any individual, or otherwise to discriminate against any individual;
4. By an educational institution: to deny admission, services or use and enjoyment of facilities, or to impose different terms or conditions upon admission, services, or use and enjoyment of services;
5. By a health care provider or business entity: to exclude from participation in or be denied the benefits of the services, programs or activities of the provider or entity, or to provide such services, programs or activities on less favorable terms;
6. By any person: doing any of the acts described in this definition of “discrimination” because a person associates with a person who has or is perceived to have an HIV condition;
7. In housing: to refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, evict from a rental unit, or otherwise deny to or withhold a rental unit or services connected therewith from any person, or to rent or lease a rental unit or provide related services on less favorable terms.
“Educational institution” means any corporation, classes or education, of adults or children.
“Employer” means any person regularly employing one or more persons, or any person acting directly or indirectly as the agent of an employer, including an employment agency.
“Health care provider” means any person or facility licensed or certified by the State or any emergency medical services agency to provide health care, including medical transport, pre-hospital emergency care, dental care and mental health care.
“HIV” means the infectious agent known as human immune virus, human immunodeficiency virus, HTLV-III, LAV or AIDS virus.
“HIV condition” means AIDS, AIDS-related complex, or HIV infection.
“Housing” means use or occupancy of any rental unit, including dwelling units, guest rooms, hotel or motel rooms, suites or dormitories rented or offered for rent for living or dwelling purposes, the land and building appurtenant thereto, and all services, privileges and facilities supplied in connection with the use or occupancy thereof. This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which it is located, or rent is paid for the land alone.
“Otherwise qualified” describes a person with an HIV condition who, with or without reasonable modifications to rules, policies or practices or the provision of auxiliary aids or services, meets the essential eligibility requirements for the receipt of services or participation in programs or activities or for employment or housing.
“Person” includes any individual or legal entity, public or private, located or doing business within the City of Sebastopol.