41-1461. Definitions
In this article, unless the context otherwise requires:

1. "Employee" means an individual employed by an employer, except that employee does not include an elected public official of the state or any political subdivision of the state, any person chosen by such officer to be on such officer's personal staff, an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless such person or appointee is subject to the civil service laws of the state or any political subdivision of the state.

2. "Employer" means a person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that to the extent that any person is alleged to have committed any acts of sexual harassment, employer means, for purposes of administrative and civil actions regarding such allegations of sexual harassment, a person who has one or more employees in the current or preceding calendar year, but such term does not include either:

(a) The United States or any department or agency thereof, a corporation wholly owned by the government of the United States, or an Indian tribe.

(b) A bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of the internal revenue code of 1954.

3. "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

4. "Handicap" means, with respect to an individual, except any impairment caused by current or recent use of alcohol or drugs, any of the following:

(a) A physical impairment that substantially limits one or more of the major life activities of the individual.

(b) A record of a physical impairment that substantially limits one or more of the major life activities of the individual.

(c) Being regarded as having a physical impairment that substantially limits one or more of the major life activities of the individual.

5. "Labor organization" means a labor organization and any agent of such an organization and includes any organization of any kind, any agency or employee representation committee, group, association or plan so engaged in which fifteen or more employees participate and which exists for the purpose in whole or in part of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, and any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization.

6. "Person" means one or more individuals, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.

7. "Qualified handicapped individual" means a person with a handicap who with reasonable accommodation is capable of performing the essential functions of the particular job in question within the normal operation of the employer's business in terms of physical requirements, education, skill and experience.

8. "Reasonable accommodation" means an accommodation which does not:

(a) Unduly disrupt or interfere with the employer's normal operations.

(b) Threaten the health or safety of the handicapped individual or others.

(c) Contradict a business necessity of the employer.

(d) Impose undue hardship on the employer, based on the size of the employer's business, the type of business, the financial resources of the employer and the estimated cost and extent of the accommodation.

9. "Religion" means all aspects of religious observance and practice, as well as belief. Unlawful practices as prohibited by this article shall include practices with respect to religion unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.