Del. Code tit. 6 § 4502

Current through 2024 Legislative Session Act Chapter 254

Section 4502 - Definitions

As used in this chapter:

(1) "Automatic door" shall mean a door equipped with a power-operated mechanism and controls that open and close the door automatically upon receipt of a momentary actuating signal. The switch that begins the automatic cycle may be a photoelectric device, floor mat, or manual switch.

(2) "Auxiliary aid or service" means a device or service that enables effective communication. Appropriate auxiliary aids and services may include services and devices such as qualified interpreters, assistive listening devices, notetakers, or written materials for individuals with hearing impairments; and qualified readers, taped texts, or brailled or large print materials for individuals with vision impairments.

(3) "Chairperson" means the Chairperson of the Delaware Human and Civil Rights Commission.

(4) "Commission" means the . Delaware Human and Civil Rights Commission.

(5) "Complainant" means the person who files a complaint under § 4508 of this title.

(6) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations.

(7) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

(8) "Disability'' means any condition or characteristic that renders a person a person with a disability as defined in this section.

(9) "Discriminatory public accommodations practice" means an act that is unlawful under this chapter.

(10) "Division" means the Division of Human and Civil Rights.

(11) "Gender identity" means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth.

(12) "Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits 1 or more major life activities.

(13) "Is regarded as having an impairment" means an individual that establishes that the individual subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(14) "Major life activities" includes caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. "Major life activities" also includes the operation of a major bodily function, including functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological brain, respiratory, circulatory, endocrine, and reproductive functions. Such impairment does not include impairments that are transitory and minor.

(15) "Marital status" means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship.

(16) "Panel" means a group of 3 or more Commissioners appointed by the Chairperson to perform any task authorized by this chapter.

(17) "Panel chair" means that commissioner serving on a panel who is designated by the Chairperson to serve as the chairperson of the panel.

(18) "Person with a disability" means any person who satisfies any one of the following:

a. Has a physical or mental impairment which substantially limits 1 or more major life activities.

b. Has a record of such impairment.

c. Is regarded as having such an impairment.

(19) "Place of public accommodation" means any establishment which caters to or offers goods, services, facilities, privileges, advantages, or accommodations to, or solicits patronage from, the general public, including state agencies, local government agencies, state-funded agencies performing public functions. This definition includes hotels and motels catering to the transient public, but it does not apply to the sale or rental of houses, housing units, apartments, rooming houses, or other dwellings, nor to tourist homes with less than 10 rental units catering to the transient public.

(20) "Protective hairstyle" includes braids, locks, and twists.

(21) "Race" includes traits historically associated with race, including hair texture and a protective hairstyle.

(22) "Readily achievable" means easily accomplishable without much difficulty or expense. "Readily achievable" means that an action is not an undue burden as defined in this section.

(23) "Reasonable modification" means a change in policies, practices, or procedures when the modification is necessary to avoid discrimination on the basis of disability, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

(24) "Religion" includes all aspects of religious observance and practice, as well as belief.

(25) "Respondent" means a person who is alleged to have committed a discriminatory public accommodations practice.

(26) "Service animal" means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(27) "Sexual orientation" includes heterosexuality, homosexuality, or bisexuality.

(28) "Special Administration Fund" means the Fund created pursuant to § 3005 of Title 31.

(29)"Transitory impairment" means an impairment with an actual or expected duration of 6 months or less.

(30) "Undue burden" means an action requiring significant difficulty or expense, when considered in light of all of the following factors:

a. The nature and cost of the action needed under this chapter.

b. The overall financial resources of the place of public accommodation involved in the action; the number of persons employed at the place of public accommodation; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the place of public accommodation.

c. The geographic separateness, and the administrative or fiscal relationship of the place of public accommodation in question to any parent corporation or ownership entity.

d. If applicable, the overall financial resources of any parent corporation or ownership entity; the overall size of the parent corporation or ownership entity with respect to the number of its employees; the number, type, and location of its facilities.

e. If applicable, the type of operation or operations of any parent corporation or ownership entity, including the composition, structure, and functions of the workforce of the parent corporation or ownership entity.

6 Del. C. § 4502

Amended by Laws 2021 , ch. 450, s 2, eff. 10/10/2022.

Amended by Laws 2021 , ch. 305, s 1, eff. 6/14/2022.

Amended by Laws 2021 , ch. 195, s 1, eff. 9/17/2021.

Amended by Laws 2021 , ch. 74, s 2, eff. 6/30/2021.

Amended by Laws 2021 , ch. 13, s 2, eff. 4/13/2021.

Amended by Laws 2017 , ch. 440, s 2, eff. 9/17/2018.

Amended by Laws 2013 , ch. 371, s 5, eff. 7/29/2014.

Amended by Laws 2013 , ch. 47, s 3, eff. 6/19/2013.

Amended by Laws 2013 , ch. 47, s 2, eff. 6/19/2013.

6 Del. C. 1953, § 4501; 54 Del. Laws, c. 181, § 1; 66 Del. Laws, c. 68, §1; 70 Del. Laws, c. 350, § 1; 75 Del. Laws, c. 356, §§ 9, 11, 26, 28; 77 Del. Laws, c. 90, § 2; 77 Del. Laws, c. 346, § 1.;