§ 1-1. Definitions.

(a) In general.

In this article, the following terms have the meanings indicated.

(b) Age.

"Age", as used in § 3-5 of this article, means the "age of majority", and refers to anyone who has attained the age of 18 years.

(1) "Age discrimination", as used in § 3-1 of this article, means any difference in the treatment of an individual or person because of age.

(2) Except that:

(i) it shall not be discrimination for an employer, employment agency, or labor organization to observe the terms of a bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this article, and excepting further, that no such employee benefit plan shall excuse the failure to hire any individual; and

(ii) the prohibitions relating to age discrimination are limited to individuals who are at least 18 years of age but less than 65 years of age.

(d) Commission.

"Commission" means the Baltimore Community Relations Commission, heretofore named the Baltimore Equal Opportunity Commission.

(e) Complainant.

"Complainant" means any person or groups of persons claiming to be aggrieved under this article.

(f) Discrimination.

(1) "Discrimination" means any difference in the treatment of an individual or person because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, HIV or AIDS status or, in the context of discriminatory housing practices under § 3-5 {"Housing"} of this article, source of income.

(2) "Discrimination" includes segregation.

(3) However, it is not discrimination for:

(i) any religious or denominational institution to devote its facilities, exclusively or primarily, to or for members of its own religion or denomination or to give preference to those members or to make any selection as is calculated by the institution to promote the religious principles for which it is established or maintained;

(ii) an employer to disqualify a person with a physical or mental disability when the nature or extent of the disability makes the person unfit or unsuited for the job;

(iii) an educational institution to restrict its student body and student activities to one sex or the other;

(iv) an educational institution to provide special educational or recreational programs for individuals with a physical or mental disability; or

(v) any person to provide:

(A) separate toilet facilities for males and females; or

(B) lactation accommodations for females in accord with City Code Article 11, Subtitle 16 {"Lactation Accommodation in the Workplace"}.

(4) This definition also applies to the verb "to discriminate" and to the adjective "discriminatory", as used in this article.

(g) Dwelling.

"Dwelling" means:

(1) any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by 1 or more families; and

(2) any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(h) Educational institution.

(1) "Educational institution" means any person, institution, or organization, public or private, rendering services free or for tuition, and licensed or accredited by the City, State or Federal Government, or any agency thereof, for the purpose of teaching or instructing persons.

(2) "Educational institution" shall include also all libraries, art galleries, nursery schools, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, business schools, and extension or correspondence courses, and all institutions established for vocational or professional training or preparation.

(3) "Educational institution" shall not include any natural person who tutors another natural person or persons individually at the residence of either the tutor or the student.

(i) Employer.

(1) "Employer" means every person, other than fraternal and religious organizations, who employs 1 or more persons, exclusive of parents, spouse, or children of that person during at least 15 days in the preceding 12 full months.

(2) "Employer" includes any governmental unit, agency, or employer as to which the City has the power to legislate.

(j) Employment agency.

"Employment agency" means every person regularly undertaking in this City, with or without compensation, to procure opportunities to work or to procure, refer, or place employees.

(k) Familial status.

(1) "Familial status" means 1 or more individuals (who have not attained the age of 18 years) being domiciled with:

(i) a parent or another person having custody of such individual or individuals; or

(ii) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

(2) The protections afforded 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.

(l) Family.

"Family" includes a single individual.

(l-1) Gender identity or expression.

"Gender identity or expression" means an individual's having or being perceived as having a gender-related self- identity, self-image, appearance, expression, or behavior, whether or not those gender-related characteristics differ from those associated with the individual's assigned sex at birth.

(m) Health and welfare service agency.

(1) "Health and welfare service agency" means any public, voluntary, or private health or welfare organization which receives public funds.

(2) "Health and welfare service agency" includes any hospital, clinic, dispensary, nursing home, convalescent home, rehabilitation center, social work, agency, community service center, group work-recreation center, counseling and guidance service agency, sheltered or protective workshop, social agency, day camp or resident camp, or protective service organization or facility.

(3) Except for a hospital, clinic or dispensary, "health and welfare service agency" shall not include any health and welfare service agency:

(i) operated by a bona fide religious denomination exclusively or primarily for members of its faith;

(ii) operated by any fraternal organization whose membership is limited to 1 religious denomination or faith; or

(iii) operated by any charitable organization organized exclusively or primarily for the benefit of members of 1 denomination or faith.

(m-1) HIV or AIDS status.

"HIV or AIDS status" means whether or not the immune system of an individual is infected wtih the human immunodeficiency virus (HIV).

(n) Labor organization.

"Labor organization" means 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) Mental disability.

(1) "Mental disability" means the existence of, or history of, an emotional or intellectual disorder, as defined by psychiatrists, which requires special educational or psychotherapeutic services, and includes being regarded as having such an impairment , but shall not include a judicial determination of disability.

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

(p) Person.

(1) In general.

"Person" has the meaning stated in § 1-107 of the City Code's General Provisions Article.

(2) Inclusions.

The term "person":

(i) as applied to a partnership or other association, includes the partners or members thereof; and

(ii) as applied to a corporation, includes the officers thereof.

(q) Physical disability.

(1) "Physical disability" means any physical condition, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect, trauma, or illness, including epilepsy, which shall include, but not be limited to any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment or disorder, or physical reliance on a seeing eye dog, wheelchair, or any other remedial appliance, device, or medication, and includes a record of having such a disability or being regarded as having such a disability.

(2) "Physical disability" does not include current, illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802)).

(r) Place of public accommodation, resort, or amusement.

(1) "Place of public accommodation, resort, or amusement" shall be limited to inns, roadhouses, hotels, motels, restaurants, or eating houses, all bathhouses, swimming pools, all retail stores and establishments, theaters, motion picture houses, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs and carnivals, bowling alleys, shooting galleries, billiard and pool parlors, garages, and all public conveyances operated on land or water or in the air, as well as the stations, terminals, and airports thereof, and ambulances.

(2) "Place of public accommodation, resort, or amusement" does not apply to any bona fide private club where the accommodations, facilities, and services are restricted to the members of such club and their guests.

(r-1) Protective hairstyles.

(1) In general.

"Protective hairstyles" means hairstyles necessitated by or resulting from the immutable characteristics of a hair texture associated with race, including those that protect against split ends, knotting, or general damage, and also help retain the length of the hair.

(2) Examples.

"Protective hairstyles" includes hairstyles such as braids, twists, afro hairstyles, curls, and locks.

(s) Public funds.

"Public funds" means funds derived from any governmental body or agency thereof, or funds derived from general Citywide solicitations.

(s-1) Race.

"Race" means immutable traits historically associated with race, including hair texture and protective hairstyles.

(t) Rent.

"Rent" includes to lease, to sublease, to let, or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(u) Respondent.

"Respondent" means any person or groups of persons against whom a complaint is lodged.

(v) Restrictive covenant.

"Restrictive covenant" means any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or, in the context of discriminatory housing practices under § 3-5 {"Housing"} of this article, source of income.

(w) Sexual orientation.

(1) "Sexual orientation" means the status of an individual as to homosexuality, heterosexuality, or bisexuality.

(2) This subsection is not intended to permit any practice prohibited by state or local law.

(x) Source of income.

(1) In general.

"Source of income", as used in § 3-5 {"Housing"} of this article, means any lawful source of money paid directly or indirectly to, or on behalf of, a renter or buyer of housing.

(2) Inclusions.

"Source of income" includes income from:

(i) a lawful profession, occupation, or job;

(ii) any government or private assistance, grant, loan, or rental assistance program, including low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937; or

(iii) a gift, an inheritance, a pension, an annuity, alimony, child support, or other consideration or benefit.