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individual with a disability because of that individual's disability. The <br />term "qualified individual with a disability" shall mean an individual with <br />a disability who, with or without reasonable accommodation, can perform <br />the essential functions of the employment positions that the individual <br />holds or desires. <br />(e) "Discriminate, discrimination or discriminatory" means any <br />act, policy or practice that, regardless of intent, has the effect of subjecting <br />any person to differential treatment as a result of that person's race, color, <br />creed, religion, national origin, ancestry, disability, marital status, gender, <br />gender identity or expression, sexual orientation, or physical <br />characteristic. <br />(f) "Educational institution" means any public or private <br />educational institution including an academy, college, elementary or <br />secondary school, extension course, kindergarten, pre- school, nursery <br />school, university, and any business, nursing, professional, secretarial, <br />technical or vocational school. <br />(g) `Employee" means any individual employed or seeking <br />employment from an employer. <br />(h) `Employer" means any person who, for compensation, <br />regularly employs four (4) or more individuals, not including the <br />employer's parents, spouse or children. For purposes of this chapter an <br />employer "regularly" employs four (4) individuals when the employer <br />employs five -four 4 or more individuals for each working day in any <br />twenty (20) or more calendar weeks in the current or previous calendar <br />year. For purposes of this chapter an "employer" is also any person acting <br />on behalf of an employer, directly or indirectly, or any employment <br />agency. <br />(i) "Gender" means actual or perceived sex. <br />0) "Gender identity or expression" means having or being <br />perceived as having a gender identity or expression whether or not that <br />gender identity or expression is different from that traditionally associated <br />with the sex assigned to that individual at birth. <br />(k) "Labor organization" means any organization that exists <br />and is constituted for the purpose, in whole or in part, of collective <br />bargaining or of dealing with employers concerning grievances, terms or <br />conditions of employment, or of other mutual aid or protection on behalf <br />of employees. <br />(1) "Person" means a natural person, firm, corporation, <br />partnership or other organization, association or group of persons however <br />arranged. <br />(m) "Physical characteristic" means a bodily condition or <br />bodily characteristic of any person that is from birth, accident, or disease, <br />or from any natural physical development, including individual physical <br />mannerisms including but not limited to height and weight. Physical <br />characteristic shall not relate to those situations where a bodily condition <br />or characteristic will present a danger to the health, welfare or safety of <br />M <br />