§ 14.10.020. Definitions

When used in this chapter, unless the context otherwise requires:

"Business enterprise" means any licensed business organization located in or doing business in The City of Seattle.

"Charging party" means the person aggrieved by an alleged unfair contracting practice or the person making a charge on another person's behalf, or the Director when the Director files a charge.

"City department" means any agency, office, board or commission of the City, or any Department employee acting on its behalf, but shall not mean a public corporation chartered under Ordinance 103387 , or its successor ordinances, or any contractor, consultant, concessionaire or lessee.

"Commercially significant contract" means any contract for the provision of services (including but not limited to construction services, consulting services or bonding or other financial services) or the sale of goods that exceeds the amount established for such contracts by the Director.

"Contract" means any agreement to perform a service or provide goods that entails a legally binding obligation, where such contract is executed within, or intended to be wholly or partly performed within The City of Seattle.

"Contracting agency" means any person who for compensation engages in recruiting, procuring, referral or placement of contracts with a contractor.

"Contractor" means any business enterprise including but not limited to any company, partnership, corporation or other legal entity, excluding real property lessors and lessees, contracting to do business within the City including but not limited to public work contractors, consultant contractors, providers of professional services, service agencies, vendors, and suppliers selling or furnishing materials, equipment, goods or services, but not including governmental agencies other than The City of Seattle.

"Department" means the Office for Civil Rights.

"Director" means the Director of the Office for Civil Rights.

["Disability".]

1.

"Disability" means the presence of a sensory, mental, or physical impairment that:

a.

Is medically cognizable or diagnosable; or

b.

Exists as a record or history; or

c.

Is perceived to exist whether or not it exists in fact.

2.

A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.

3.

For purposes of this definition, "impairment" includes, but is not limited to:

a.

Any 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, genitor-urinary, hemic and lymphatic, skin, and endocrine; or

b.

Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

"Discrimination," "discriminate," and/or "discriminatory act" means any act (other than an action taken in accordance with a lawful affirmative action program) or failure to act whether by itself or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals by reason of race, color, age, sex, marital status, sexual orientation, gender identity, political ideology, creed, religion, ancestry, national origin, honorably discharged veteran or military status or the presence of disability, unless based upon a bona fide occupational qualification. "Discrimination," "discriminate," and/or "discriminatory act" includes harassment, such as racial and sexual harassment, as well as harassment based on other protected classes.

"Gender identity" means a person's gender-related identity, appearance, or expression, whether or not traditionally associated with one's biological sex or one's sex at birth, and includes a person's attitudes, preferences, beliefs, and practices pertaining thereto.

"Honorably discharged veteran or military status" means:

(1)

A veteran, as defined in RCW 41.04.007; or

(2)

An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

"Marital status" means the presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single or cohabitating.

"Party" includes the person making a charge alleging an unfair contracting practice and the person alleged to have committed an unfair contracting practice and the Office for Civil Rights.

"Person" includes one (1) or more individuals, partnerships, associations, organizations, trade or professional associations, corporations, public corporations, cooperatives, legal representatives, trustees, trustees in bankruptcy and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent or employee, whether one (1) or more natural persons, and further includes any department, office, agency or instrumentality of the City.

"Political ideology" means any idea or belief, or coordinated body of ideas or beliefs, relating to the purpose, conduct, organization, function or basis of government and related institutions and activities, whether or not characteristic of any political party or group. This term includes membership in a political party or group and includes conduct, reasonably related to political ideology, which does not interfere with job performance.

"Respondent" means any person who has been alleged or found to have committed an unfair contracting practice prohibited by this chapter.

"Sexual orientation" means actual or perceived male or female heterosexuality, bisexuality, or homosexuality and includes a person's attitudes, preferences, beliefs and practices pertaining thereto.

"Trade association" means an association of business organizations engaged in similar fields of business which is formed for mutual protection, the interchange of ideas, information and statistics or the maintenance of standards within their industry.

(Ord. 125576 , § 6, 2018; Ord. 124829 , § 5, 2015; Ord. 123527, § 12, 2011; Ord. 123014, § 12, 2009; Ord. 119601 § 2, 1999.)