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07-26-10 Council Agenda & Packet
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07-26-10 Council Agenda & Packet
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(d) No person shall commit any other discriminatory practices as defined in any other section of <br />this Article. <br />(e) Protections in this Article against discriminatory practices with re and to sexual orientation <br />or gender identity shall not Lapply to decisions of an employer which is a religious society or <br />order, association organization, institution or related entit when such pLotections affect the <br />definition advancement of the missions practice(s) or belie s of such religious society or <br />order, association organization, institution or related entity charged with the implementation of <br />such decision or decisions and no requirement of this article shall compel any person to act in a <br />manner contrary to that which has been granted specific protection by the United States Su rp eme <br />Court in Boy Scouts o .4merica and Monmouth Council et al. v. Dale 530 U.S. 640 L2000). <br />The protections in this Article a ainst discriminatory ractices regarding sexual orientation <br />or gender identit y in employinent shall not be construed to require that health care plans, <br />insurance ension or similar additional benefits provided by em to ers and benefiting the <br />spouses of employees be extended to non - married domestic Partners of anv emnlovee. <br />(e) W This Article shall be construed broadly to effectuate its purpose <br />See, 2 -125. Definitions. <br />(a) The term "Commission" shall mean the South Bend Human Rights Commission. <br />(b) The term "director" shall mean the Director of the South Bend Human Rights Commission. <br />(c) The term "Commission attorney" shall mean the City Attorney or such assistants of the City <br />Attorney as may be assigned to the Commission, or such other attorney as may be engaged by <br />the Commission with the consent of the City Attorney. <br />(d) The term "employee" shall mean any person employed by another for wages or salary; <br />provided, that it should not include any person employed by his or her parents, spouse or child. <br />(e) The term "employer" shall include the City of South. Bend, or any department thereof, and <br />any person having six (6) or more employees within the State of Indiana and doing business <br />within the City, except that the term does not include: <br />(1) Any bona fide private membership club (other than a labor organization) which is <br />exempt from taxation under Section 501(c) of the Internal Revenue Code of 1454; <br />(2) Any school, educational or charitable institution owned or conducted by or affiliated <br />with a church or religious institution to the extent that the school, educational or <br />charitable institution hires employees of a particular religion; <br />(3) Any office, officer, board, commission, department, division, bureau, committee, <br />fund, agency, and, without limitation by reason of any enumeration herein, any other <br />instrumentality of the State of Indiana, any hospital, any penal institution and any other <br />3 <br />
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