§ 8-102 Definitions.
AC § 8-102
Except as otherwise expressly provided, when used in this chapter, the following terms have the following meanings: Acts or threats of violence. The term "acts or threats of violence" includes, but is not limited to, acts, which would constitute violations of the penal law. Caregiver. The term "caregiver" means a person who provides direct and ongoing care for a minor child or a care recipient. As used in this definition: 1. Care recipient. The term "care recipient" means a person with a disability who: (i) is a covered relative, or a person who resides in the caregiver's household and (ii) relies on the caregiver for medical care or to meet the needs of daily living.
2.Covered relative. The term "covered relative" means a caregiver's child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of the caregiver's spouse or domestic partner, or any other individual in a familial relationship with the caregiver as designated by the rules of the commission.
3.Grandchild. The term "grandchild" means a child of a caregiver's child.
4.Grandparent. The term "grandparent" means a parent of a caregiver's parent.
5.Parent. The term "parent" means a biological, foster, step- or adoptive parent, or a legal guardian of a caregiver, or a person who stood in loco parentis when the caregiver was a minor child.
6.Sibling. The term "sibling" means a caregiver's brother or sister, including half-siblings, step-siblings and siblings related through adoption.
7.Spouse. The term "spouse" means a person to whom a caregiver is legally married under the laws of the state of New York.
8.Child. The term "child" means a biological, adopted or foster child, a legal ward or a child of a caregiver standing in loco parentis.
9.Minor child. The term "minor child" means a child under the age of 18. Commercial space. The term "commercial space" means any space in a building, structure or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property; and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a business or professional unit or office in any building, structure or portion thereof. Commission. The term "commission," unless a different meaning clearly appears from the text, means the city commission on human rights. Conditional offer of employment. The term "conditional offer of employment" means an offer of employment, promotion or transfer which may only be revoked based on one of the following: 1. The results of a criminal background check, conducted in accordance with the provisions of this chapter; 2. The results of a medical exam as permitted by the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12112; or 3. Other information the employer could not have reasonably known before making the conditional offer if the employer can show as an affirmative defense that, based on the information, it would not have made the offer regardless of the results of the criminal background check. Consumer credit history. The term "consumer credit history" means an individual's credit worthiness, credit standing, credit capacity, or payment history, as indicated by: (i) a consumer credit report; (ii) credit score; or (iii) information an employer obtains directly from the individual regarding (1) details about credit accounts, including the individual's number of credit accounts, late or missed payments, charged-off debts, items in collections, credit limit, prior credit report inquiries, or (2) bankruptcies, judgments or liens. A consumer credit report shall include any written or other communication of any information by a consumer reporting agency that bears on a consumer's creditworthiness, credit standing, credit capacity or credit history. Cooperative dialogue. The term "cooperative dialogue" means the process by which a covered entity and a person entitled to an accommodation, or who may be entitled to an accommodation under the law, engage in good faith in a written or oral dialogue concerning the person's accommodation needs; potential accommodations that may address the person's accommodation needs, including alternatives to a requested accommodation; and the difficulties that such potential accommodations may pose for the covered entity. Covered entity. The term "covered entity" means a person required to comply with any provision of section 8-107. Disability. The term "disability" means any physical, medical, mental or psychological impairment, or a history or record of such impairment. As used in this definition: 1. Physical, medical, mental, or psychological impairment. The term "physical, medical, mental, or psychological impairment" means: (a) An impairment of any system of the body; including, but not limited to, the neurological system; the musculoskeletal system; the special sense organs and respiratory organs, including, but not limited to, speech organs; the cardiovascular system; the reproductive system; the digestive and genito-urinary systems; the hemic and lymphatic systems; the immunological systems; the skin; and the endocrine system; or (b) A mental or psychological impairment.
1.The term "intern" means an individual who performs work for an employer on a temporary basis whose work: (a) Provides training or supplements training given in an educational environment such that the employability of the individual performing the work may be enhanced; (b) Provides experience for the benefit of the individual performing the work; and (c) Is performed under the close supervision of existing staff.
(ii)With respect to arrests or criminal accusations pending at the time of an application for employment and arrests or convictions that have occurred during employment: (a) the policy of the city, as expressed in this chapter, to overcome stigma toward and unnecessary exclusion of persons with criminal justice involvement in the areas of licensure and employment; (b) the specific duties and responsibilities necessarily related to the employment held by the person; (c) the bearing, if any, of the criminal offense or offenses for which the applicant or employee was convicted, or that are alleged in the case of pending arrests or criminal accusations, on the applicant or employee's fitness or ability to perform one or more such duties or responsibilities; (d) whether the person was 25 years of age or younger at the time of occurrence of the criminal offense or offenses for which the person was convicted, or that are alleged in the case of pending arrests or criminal accusations; (e) the seriousness of such offense or offenses; and (f) the legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public; and (g) any additional information produced by the applicant or employee, or produced on their behalf, in regards to their rehabilitation or good conduct, including history of positive performance and conduct on the job or in the community, or any other evidence of good conduct. Sexual and reproductive health decisions. The term "sexual and reproductive health decisions" means any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to, fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion. Sexual orientation. The term "sexual orientation" means an individual's actual or perceived romantic, physical or sexual attraction to other persons, or lack thereof, on the basis of gender. A continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality and pansexuality. Tetrahydrocannabinols. The term "tetrahydrocannabinols" has the same meaning as such term is defined in paragraph 21 of subdivision d of section 3306 of the public health law. Trade secrets. The term "trade secrets" means information that (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; and (iii) can reasonably be said to be the end product of significant innovation. The term "trade secrets" does not include general proprietary company information such as handbooks and policies. The term "regular access to trade secrets" does not include access to or the use of client, customer or mailing lists. Unemployed or unemployment. The term "unemployed" or "unemployment" means not having a job, being available for work, and seeking employment. Uniformed service. The term "uniformed service" means: 1. Current or prior service in: (a) The United States army, navy, air force, marine corps, coast guard, commissioned corps of the national oceanic and atmospheric administration, commissioned corps of the United States public health services, army national guard or air national guard; (b) The organized militia of the state of New York, as described in section 2 of the military law, or the organized militia of any other state, territory or possession of the United States; or (c) Any other service designated as part of the "uniformed services" pursuant to subsection (16) of section 4303 of title 38 of the United States code; 2. Membership in any reserve component of the United States army, navy, air force, marine corps, or coast guard; or 3. Being listed on the state reserve list or the state retired list as described in section 2 of the military law or comparable status for any other state, territory or possession of the United States. Unlawful discriminatory practice. The term "unlawful discriminatory practice" includes only those practices specified in section 8-107. Victim of domestic violence. The term "victim of domestic violence" means: 1. A person who has been subjected to acts or threats of violence, not including acts of self-defense, committed by a current or former spouse or domestic partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or by a person who is living or has continually or at regular intervals lived in the same household as the victim; or 2. A person who has been subjected to acts or threats of economic abuse, committed by a current or former spouse or domestic partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or by a person who is living or has continually or at regular intervals lived in the same household as the victim. As used in this definition, the term “economic abuse” means acts or omissions that control, obstruct, or interfere with a person’s ability to use or maintain economic resources to which they are entitled or to acquire economic resources, including by coercion, deception, fraud, or manipulation. Victim of sex offenses or stalking. The term "victim of sex offenses or stalking" means a victim of acts that would constitute violations of article 130 of the penal law or a victim of acts that would constitute violations of sections 120.45, 120.50, 120.55, or 120.60 of the penal law. (Am. L.L. 2015/037, 5/6/2015, eff. 9/3/2015; Am. L.L. 2015/063, 6/29/2015, eff. 10/27/2015; Am. L.L. 2016/001, 1/5/2016, eff. 5/4/2016; Am. L.L. 2016/040, 4/6/2016, eff. 8/4/2016; Am. L.L. 2017/119, 7/22/2017, eff. 11/19/2017; Am. L.L. 2018/038, 1/11/2018, eff. 5/11/2018; Am. L.L. 2018/059, 1/19/2018, eff. 10/16/2018; Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018; Am. L.L. 2018/098, 5/9/2018, eff. 5/9/2018 and 10/16/2018; Am. L.L. 2018/185, 11/17/2018, eff. 3/17/2019; Am. L.L. 2019/020, 1/20/2019, eff. 5/20/2019; Am. L.L. 2019/091, 5/10/2019, eff. 5/10/2020; Am. L.L. 2019/172, 10/13/2019, eff. 1/11/2020; Am. L.L. 2020/058, 6/29/2020, eff. 8/28/2020; Am. L.L. 2020/119, 11/17/2020, eff. 2/15/2021; Am. L.L. 2021/004, 1/10/2021, eff. 7/29/2021; Am. L.L. 2022/032, 1/15/2022, eff. 11/1/2022; Am. L.L. 2022/059, 5/12/2022, eff. 11/1/2022; Am. L.L. 2023/031, 3/6/2023, eff. 7/4/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/052, L.L. 1991/039, L.L. 2002/003, L.L. 2005/085, L.L. 2008/010, L.L. 2013/078, L.L. 2015/037, L.L. 2015/063, and L.L. 2021/004.
