2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 45. EQUAL ACCOMMODATIONS
§ 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) "Chairperson'' means the Chairperson of the State Human Relations Commission.

(3) "Commission'' means the State Human Relations Commission.

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

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

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

(7) "Disability'' means a physical or mental impairment which substantially limits a person's major life activities, or being regarded as having such an impairment, but such terms do not include current, illegal use of a controlled substance as defined in § 102 of the Controlled Substance Act (21 U.S.C. § 802) or Chapter 47 of Title 16, Uniform Controlled Substance Act. Discrimination against a person with a disability includes discrimination against the use of a support animal because of a physical disability of the user. Support animal means any animal individually trained to do work or perform tasks to meet the requirements of a person with a physical disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

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

(9) "Division'' means the Division of Human Relations.

(10) "Gender identity'' means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. Gender identity may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is sincerely held as part of a person's core identity; provided, however, that gender identity shall not be asserted for any improper purpose.

(11) "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.

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

(13) "Panel chair'' means that Commissioner serving on a panel who is designated by the Chairperson to serve as the Chairperson of the panel.

(14) A "place of public accommodation'' means any establishment which caters to or offers goods or services or facilities to, or solicits patronage from, the general public. This definition includes state agencies, local government agencies, and state-funded agencies performing public functions. This definition shall apply to hotels and motels catering to the transient public, but it shall 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.

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

(16) "Sexual orientation'' exclusively means heterosexuality, homosexuality, or bisexuality.

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

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; 79 Del. Laws, c. 47, §§ 2, 3; 79 Del. Laws, c. 371, § 5.;