§ 5.20.010. Definitions.

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Age is not intended to conflict with the provisions of AS 23.10.325—23.10.370, or any other laws relating to the rights and activities of minors.

Amicus curiae means Latin for "a friend of the court." An amicus curiae brief is usually filed by one who has no standing to appear in a suit, but is interested in intervening to provide evidence, information or authority regarding a matter before the decision-making authority.

Blockbusting means any effort, for profit, to induce or attempt to induce a person to sell or rent a dwelling based on representations that a change has occurred, or will or may occur regarding the entry into a block, neighborhood or area, in which the real property is located, of a person or persons of a particular race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, age, or physical or mental disability, including but not limited to lower property values, an increase in criminal or antisocial behavior or decline in the quality of the schools or other facilities.

Chair means the duly elected chairperson of the Anchorage Equal Rights Commission, or in the absence of the chair, the vice-chairperson or other commissioner designated by the chair or the remaining members of the commission.

Closure means a decision issued by the executive director or his or her designee, to not pursue and dismiss a complaint, pursuant to sections 5.60.020 and 5.60.060 under this title.

Commission means the Anchorage Equal Rights Commission (AERC).

Commissioner means one of the members of the Anchorage Equal Rights Commission (AERC).

Complainant means the person who files a complaint with AERC, alleging discrimination in violation of Anchorage Municipal Code title 5.

Conciliation means a process by which staff attempts to resolve a complaint by conferring and negotiating with the respondent after a determination of substantial evidence.

Determination means a written decision, prepared by staff and signed by the executive director, that is served on the parties at the conclusion of the investigation or processing of a complaint.

Discrimination means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal or denial or any other act or practice of differentiation or preference in the treatment of a person because of actual or perceived race, color, religion, national origin, age, sex, sexual orientation, gender identity, marital status, or physical or mental disability, or the aiding, abetting, inciting, coercing or compelling thereof.

Educational institution means any day care center, nursery, kindergarten, elementary or secondary school, academy, college, university, extension course, or nursing, secretarial, business, vocational, technical, trade or professional school.

Employee means an individual employed by an employer, but does not include an individual employed in the domestic service of any person.

Employer means an employer, public or private, of one or more persons.

Employment agency means any person undertaking to procure employees or to procure for employees' opportunities to work.

Executive director means the executive director of the AERC or his or her designee.

Fact finding conference is an initial meeting where evidence is produced and the complaint is discussed with the parties, and is held approximately 30 days after service of the complaint, unless waived as specified in section 5.50.040 under this title.

Financial institution means commercial banks, trust companies, mutual savings banks, cooperative banks, homestead associations, credit unions, bonding companies, surety companies or other commercial institutions which extend secured or unsecured credit or offer insurance.

Gender identity means a person's gender-related self-identity, as expressed in appearance or behavior, regardless of the person's assigned sex at birth. A person's gender identity may be established by evidence of medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, core to a person's gender-related self-identity, and not being asserted for an improper purpose.

Hearing or public hearing means an administrative adjudication held pursuant to Anchorage Municipal Code sections 3.60.010 and 5.70.010 et seq.

Hearing examiner means the person appointed by the hearing panel pursuant to section 5.70.030 under this title.

Hearing panel means the commissioners designated by the chair to either conduct a public hearing or to appoint a hearing examiner pursuant to section 5.70.020 and 5.70.030 under this title.

Labor organization means any organization which is constituted for the purpose, in whole or in part, of collective bargaining or in dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employees.

Make whole means a remedy intended to eliminate a continuing unlawful discriminatory practice or the discriminatory effect of any past unlawful discriminatory act or practice, and may include actual damages, injunctive and equitable relief as specified in Anchorage Municipal Code sections 5.70.140 and 5.70.150.

Marital status means any differential treatment because of a person's marital status or change in marital status. This includes differential treatment shown toward a person because he or she is not married, a person because he or she is married, a person because he or she is widowed or divorced, a person because he or she is a parent and unmarried, or a person because she is pregnant and unmarried.

National origin includes ancestry, persons not citizens and their descendants, and persons naturalized and their descendants.

Order means a decision made by the commission constituting a final administrative order at the completion of a public hearing pursuant to Anchorage Municipal Code section 5.70.140, or an order on reconsideration pursuant to subsection 5.60.030D., or an order on class action pursuant to subsection 5.40.080C. and D. under this title.

Party or parties means the complainant, respondent, intervener, amicus curiae and/or executive director.

Person means one or more individuals, landlords, owners, lessors, managers, real estate brokers or agents, real estate salespeople, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, employees, employers, employment agencies, labor organizations, joint apprenticeship committees or other legal or commercial entities, or successors to any of the preceding.

Physical or mental disability means, with respect to an individual:

1.

A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

2.

A history of, or a misclassification as, having a physical or mental impairment that substantially limits one or more major life activities; or

3.

Having:

a.

A physical or mental impairment that does not substantially limit a person's major life activities but that is treated by the covered entity as constituting such a limitation;

b.

A physical or mental impairment that substantially limits a person's major life activities only as the result of the attitudes of others towards the impairment; or

c.

None of the impairments defined in this subsection but being treated by others as having such an impairment.

Physical or mental impairment means:

1.

A physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one 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;

2.

A mental or physiological disorder, including mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.

Pre-determination settlement means a process by which staff assists the parties to resolve a complaint prior to a determination on the merits of a complaint.

Public accommodation means any business or professional activity that is open to, accepts or solicits the patronage of, or caters or offers goods or services to the general public, subject only to the conditions and limitations established by law and applicable alike to all persons.

Real property means a housing accommodation, unimproved property, vacant land offered or intended for the construction or location of housing accommodations, a building or a portion of a building, whether constructed or to be constructed, structures, real estate, lands, tenements, leaseholds, interest in real estate cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest therein, or a trailer park.

Reconsideration panel means the commissioners designated by the chair of the commission to review an investigative case file pursuant to subsection 5.60.030D. under this title.

Respondent means the person against whom a complaint is made and may include any entity listed in Anchorage Municipal Code section 5.20.010, definition of Person.

Request for essential information is served with the complaint on the respondent and commences the investigation into the allegations of the complaint.

Sex discrimination means differential or preferential treatment shown toward a person because of one's sex, pregnancy or parenthood.

Sexual orientation means actual or perceived heterosexuality, homosexuality, bisexuality, or asexuality.

Staff means those persons who assist the executive director in carrying out the provisions of Anchorage Municipal Code Title 5.

Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

Unlawful discriminatory act or practice means an act or practice prohibited by Anchorage Municipal Code chapter 5.20.

(AO No. 92-116(S); AO No. 93-99; AO No. 93-149, § 2, 10-15-93; AO No. 96-99, § 1, 10-22-96; AO No. 2002-163, § 2, 1-7-03; AO No. 2015-96(S-1), § 2, 9-29-15 )

Cross reference

Definitions and rules of construction generally, § 1.05.020.