As used in Section 1101 et seq. of this title:

1. "Employer" means:

a.a legal entity, institution or organization that pays one or more individuals a salary or wages for work performance, or

b.a legal entity, institution or organization which contracts or subcontracts with the state, a governmental entity or a state agency to furnish material or perform work.

Employer does not include a Native American tribe or a bona fide membership club, other than a labor organization, that is exempt from taxation under Title 26, Section 501(c) of the United States Code;

2. "Employment agency" means a 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;

3. "Labor organization" means:

a.an organization of any kind, an agency or employee representation committee, group, association, or plan in which 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,

b.a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization, or

c.an agent of a labor organization;

4. “Individual with a disability” means a person who has a physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of such an impairment or is regarded as having such an impairment;

5. "Age discrimination in employment" means discrimination in employment of persons who are at least forty (40) years of age;

6. “Sex”, “because of sex” or “based on sex” includes, but is not limited to, pregnancy, childbirth or related medical conditions; women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes as other persons not so affected but similar in their ability or inability to work;

7. “Genetic information” means information derived from the results of a genetic test. “Genetic information” shall not include family history, the results of a routine physical examination or test, the results of a chemical, blood or urine analysis, the results of a test to determine drug use, the results of a test for the presence of the human immunodeficiency virus, or the results of any other test commonly accepted in clinical practice at the time it is ordered; and

8. “Employee” means an individual who receives a salary or wages from an employer. Employee shall not include independent contractors.

Added by Laws 1968, c. 388, § 301. Amended by Laws 1973, c. 195, § 1, emerg. eff. May 16, 1973; Laws 1981, c. 231, § 1; Laws 1985, c. 165, § 2, eff. Nov. 1, 1985; Laws 1992, c. 100, § 1, emerg. eff. April 17, 1992; Laws 2010, c. 74, § 1, eff. Nov. 1, 2010; Laws 2011, c. 270, § 2, eff. Nov. 1, 2011.