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As used in this chapter:

“City” means all area within the incorporated city limits of the City of Moab, Utah.

“City Attorney” means the City of Moab’s duly appointed City Attorney.

“City Manager” means the City of Moab’s duly appointed City Manager.

“City of Moab” means the City of Moab as a corporate entity.

“City prosecutor” means the City of Moab’s duly appointed city prosecutor.

“Complainant” means a person, including the City Manager, who files a complaint under this chapter.

“Conciliation” means the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the complainant, the respondent, and the City Manager.

“Conciliation agreement” means a written agreement setting forth the resolution of issues by conciliation under this chapter.

“Discrimination” means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person because of a person’s actual or perceived sexual orientation or gender identity or because of a person’s association with any such person. Discrimination shall not be interpreted to require or to grant or accord preferential treatment to any person because of that person’s sexual orientation or gender identity.

“Employee” means any individual applying with or employed by an employer. The term does not include an elected official.

“Employer” means any person employing fifteen or more employees in the City for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and includes any agent of such a person.

“Employment agency” means any person, and any agent of a person, undertaking to procure employees or opportunities to work for any other person in the City or holding itself out to be equipped to procure employees or opportunities to work for any other person in the City.

“Gender identity” means a person’s actual or perceived gender identity, appearance, mannerisms, or other characteristics of an individual with or without regard to the person’s sex at birth.

“Labor organization” means any organization that exists for the purpose in whole or in part of collective dealing with employers concerning grievances, terms or conditions of employment; or other mutual aid or protection in connection with employment.

“Otherwise qualified” means a person who possesses the following required by an employer for any particular job, job classification, or position:

1. Education;

2. Training;

3. Ability;

4. Moral character;

5. Integrity;

6. Disposition to work;

7. Adherence to reasonable rules and regulations; and

8. Other job related qualifications required by an employer.

“Person” means one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, receivers, the City of Moab and Grand County as employers.

“Religious organization” means a religious corporation, association, educational institution, society, trust or any entity or association which is a wholly owned or controlled subsidiary or agency of any religious corporation, association, society, trust or corporation sole.

“Respondent” means a person identified in a complaint as having committed an unlawful practice under this chapter.

“Sexual orientation” means a person’s actual or perceived orientation as heterosexual, homosexual, or bisexual.

“Unlawful practice” means a discriminatory act or practice relating to employment that is prohibited under this chapter. (Ord. 10-24, 2010)