As used in this article, unless the context otherwise indicates, the
following words shall have the following meanings:
APPLICATION FOR CREDIT
Any communication, oral or written, by a person to a creditor requesting
an extension of credit to that person or any other person, and includes any
procedure involving the renewal or alteration of credit privileges or the
changing of the name of the person to whom credit is extended.
CREDIT
The right granted by a creditor to a person to defer payment of debt
or to incur debt and defer its payment or to purchase property or services
and defer payment therefor.
CREDITOR
Any person who regularly extends or arranges the extension of credit
for which the payment of a finance charge or interest is required, whether
in connection with loans, sale of property or services or otherwise.
CREDIT SALE
Any transaction with respect to which credit is granted or arranged
by the seller. The term includes any contract in the form of a bailment or
lease if the bailee or lessee contracts to pay as compensation for use a sum
substantially equivalent to or in excess of the aggregate value of the property
and services involved and it is agreed that the bailee or lessee will become
the owner of the property upon full compliance with his obligations under
the contract.
CREDIT TRANSACTION
Any invitation to apply for credit, extension of credit or credit
sale.
DISCRIMINATE
Includes, without limitation, segregate or separate.
EMPLOYEE
An individual who is employed by an employer, but not including any
individual employed by his/her parents, spouse or child.
EMPLOYER
Any person in this Town employing any number of employees, whatever
the place of employment of such employees, and any person outside this Town
employing any number of employees whose usual place of employment is in this
Town; any person acting in the interest of any employer, directly or indirectly;
and labor organizations, whether or not organized on a religious, fraternal
or sectarian basis, with respect to their employment of employees, but does
not include a religious or fraternal corporation or association not organized
for private profit and in fact not conducted for private profit, with respect
to employment of its members of the same religion, sect or fraternity.
EMPLOYMENT AGENCY
Any person undertaking with or without compensation to procure opportunities
to work or to procure, recruit, refer or place employees. It includes, without
limitation, placement services, training schools and centers, and labor organizations,
to the extent that they act as employee referral sources, and it includes
any agent of such person.
EXTENSION OF CREDIT
Any acts incident to the evaluation of an application for credit
and the granting of credit.
HOUSING ACCOMMODATION
Any building or structure or portion thereof, or any parcel of land,
developed or undeveloped, which is occupied, or is intended to be occupied
or to be developed for occupancy, for residential purposes excepting:
A.
The rental of a one-family unit of a two-family dwelling, one unit of
which is occupied by the owner;
B.
The rental of not more than four rooms of a one-family dwelling which
is occupied by the owner; and
C.
The rental of any dwelling owned, controlled or operated for other than
a commercial purpose by a religious corporation to its membership unless such
membership is restricted on account of sexual orientation.
PERSON
One or more individuals, partnerships, associations, organizations,
corporations, municipal corporations, legal representatives, trustees in bankruptcy,
receivers and other legal representatives, including the Town and all agencies
thereof.
PLACE OF PUBLIC ACCOMMODATION
Any establishment which in fact caters to, or offers its goods, facilities
or services to, or solicits or accepts patronage from, the general public,
including but not limited to inns, taverns, roadhouses, hotels, whether conducted
for the entertainment or accommodation of transient guests or of those seeking
health, recreation or rest, restaurants, eating houses or any place where
food is sold for consumption on the premises, buffets, saloons, barrooms or
any store, park or enclosure where spirituous or malt liquors are sold, ice
cream parlors, confectioneries, soda fountains and all stores where beverages
of any kind are retained for consumption on the premises, retail stores and
establishments, dispensaries, clinics, hospitals, rest rooms, bathhouses,
barbershops, beauty parlors, theaters, motion-picture houses, music halls,
airdromes, roof gardens, race courses, skating rinks, amusement and recreation
parks, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries,
billiard and pool parlors, swimming pools, seashore accommodations and boardwalks,
public libraries, garages and gasoline stations, all public conveyances operated
on land, water or in the air as well as the stations and terminals thereof,
public halls and public elevators of buildings occupied by two or more tenants
or by the owner and one or more tenants, and educational institutions.
SEXUAL ORIENTATION
Having a preference or orientation for, being identified as having
a preference or orientation for, or having a history of a preference for,
heterosexuality, homosexuality or bisexuality.
It shall be unlawful public accommodations discrimination, in violation
of this article:
A. For any person, being the owner, lessee, proprietor,
manager, superintendent, agent or employee of any place of public accommodation
to directly or indirectly refuse, withhold from or deny to any person, on
account of sexual orientation, any of the accommodations, advantages, facilities
or privileges of such place of public accommodation or for such reason in
any manner to discriminate against any person in the price, terms or conditions
upon which access to such accommodations, advantages, facilities and privileges
may depend; or
B. For any person to directly or indirectly publish, circulate,
issue, display, post or mail any written, printed, painted or broadcast communication,
notice or advertisement to the effect that any of the accommodations, advantages,
facilities and privileges of any place of public accommodation shall be refused,
withheld from or denied to any person on account of sexual orientation, or
that the patronage or custom thereat of any person belonging to or purporting
to be of any particular sexual orientation is unwelcome, objectionable or
not acceptable, desired or solicited, or that the clientele thereof is restricted
to members of particular sexual orientation. The production of any such written,
printed, painted or broadcast communication, notice or advertisement purporting
to relate to any such place shall be presumptive evidence in any action that
the same was authorized by its owner, manager or proprietor.
It shall be unlawful credit discrimination for any creditor to refuse
the extension of credit to any person solely on the basis of sexual orientation
in any credit transaction. It shall not be unlawful credit discrimination
to comply with the terms and conditions of any bona fide group credit life,
accident and health insurance plan or for a financial institution extending
credit to a married person to require both the husband and the wife to sign
a note and a mortgage and to deny credit to persons under the age of 18 or
to consider a person's age in determining the terms upon which credit will
be extended.
It shall be unlawful educational discrimination, on the basis of sexual
orientation, to:
A. Exclude a person from participation in, deny a person
the benefits of, or subject a person to discrimination in any academic extracurricular,
research, occupational training or other program or activity:
B. Deny a person equal opportunity in athletic programs;
C. Apply any rule concerning the actual or potential family
or marital status of a person;
D. Deny admission to the institution or program or fail
to provide equal access to and information about an institution or program
through recruitment; or
E. Deny financial assistance availability or opportunity.
In addition to the other exceptions and exemptions provided in this
article, this article does not:
A. Require the teaching of any particular subject in the
public schools;
B. Apply to a religious corporation, association or organization;
or
C. Require any form of affirmative action based on sexual
orientation.