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Agenda Item 10AAGENDA ITEM # 10A DECEMBER 9, 2013 Model Language for Proposed Human Rights Ordinance in Atlantic Beach Here's some draft language for us to begin discussing for Atlantic Beach. It is meant as a starting point, and is modeled from language being used in other parts of Florida (including Jacksonville). For housing I followed Jacksonville's lead and instead of restating the law I referred to federal law - because this is what Jacksonville currently does, and it would be unwieldy to reproduce that in its entirety. Chapter [ #] - Civil Rights Article I. Declaration of Policy (a) It is the intent of the city commission, in enacting this chapter, to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's status, in employment, housing, and places of public accommodation. (b) The commission's purpose in enacting this chapter is to promote the public health and welfare of all persons who live in, visit, and work in the city. There is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the existence of prejudice and antagonism against each other because of differences of age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's status. Discriminatory practices deny the city the full productive capacity of the people who live and work in the city, infringe on the personal liberties of the city's citizens, and are a menace to the very institutions, foundations, and bedrock of a free, democratic society. (c) The general purpose of this chapter is to secure for all individuals within the city freedom from discrimination in employment, housing, and public accommodations based on age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's status and thereby to protect their interest in personal dignity, to make available to the city their full productive capacities, and to preserve the public safety, health, general welfare of the city. Article II. Definitions. Age means the chronological age of any individual who is 18 years or older. Discriminate, discrimination, and discriminatory include any difference in treatment because of a person's age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's status. Employee means a person employed by or seeking employment from an employer. It does not include any person employed by parents, a spouse, or a child. Employer means a person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and includes an agent of the employer, but does not include the State of Florida or any of its agencies or the United States or any of its agencies. Employment agencies shall be considered employers for the purposes of this chapter. Religion means all aspects of religious observance, practice, and belief. National Origin means the origin of an ancestor, the country of origin of a person's forbearer, naturally, by marriage, or adoption. AGENDA ITEM # 10A DECEMBER 9, 2013 Marital Status means the presence or absence of a marital relationship and includes the state of being married, separated, divorced, widowed, or single. Places of public accommodation shall mean any establishment, service, place or building which offers, sells, or otherwise makes available to the public any good, service, facility, privilege or advantage, including any retail or wholesale establishment, any place or resort of amusements, inn, hotel, motel, restaurant, cafeteria, lunch counter, bar, lounge, night club, movie theater, theater, concert hall, sports arena, stadium, convention hall, library or educational facility supported in part or in whole by public funds, any public conveyances (including taxis, limousines and buses), barber and beauty shops, hospitals, health care facilities, laundries, swimming pools, nurseries, kindergartens, or day care centers, or any establishment located on the premises of a place of public accommodation which holds itself out as serving patrons of the place of public accommodation. The following shall not be considered places of public accommodation: private clubs or establishments not open to the public other than members of the club or establishment, and facilities and accommodations owned or operated by religious organizations, associations, societies, or non - profit organizations operating or controlled by a religious organization, where the facilities and accommodations are made available to members of that religion but not to the public. Gender identity or expression means a gender - related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth. Sexual Orientation means actual or perceived heterosexuality, homosexuality, or bisexuality. Veteran's status means current or former service (so long as discharge was other than dishonorable) in any branch of the armed forces of the United States, including in Reserve or in the National Guard. Unlawful Discriminatory Practice means a practice prohibited under the provisions of this chapter. III. Unlawful Discriminatory Practices (a) Employment. It shall be unlawful for an employer to discriminate in employment decisions or practices on the basis of an employee's age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's status. Employment decisions or practices shall include recruitment, selection, hiring, layoff, termination, discharge, rehiring, upgrading, promotion, demotion, transfer, segregation or classification of employees or applicants in a way which would tend to deprive the individual or employment opportunities, rates of pay or other forms of compensation, use of facilities, or similar actions. (b) Housing. It shall be unlawful to discriminate in the provision, sale, brokerage, negotiation, advertisement, or appraisal of housing or shelter to be denied or restricted, as described in 42 USC 3604, 3605, 3606, 3607, or 3617, to an individual on the basis of an individual's age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's status. The religious exemptions outlined in 14 USC 3607 shall apply. (c) Public Accommodations. It shall be unlawful to for a place of public accommodation to discriminate because of an individual's age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's AGENDA ITEM # 10A DECEMBER 9, 2013 status. Discrimination by a place of public accommodation shall include refusal, withholding, or denial to an individual any services, access, advantages, goods, facilities, or privileges of a public accommodation. Discrimination by a place of public accommodation shall also include any advertisement, publication, circulation, display, posting, mailing, or communication to the effect that accommodations, services, goods, advantages, facilities, or privileges of a public accommodation are unwelcome, objectionable, unacceptable, or will be denied on the basis of an individual's age, race, color, religion, national origin, disability, marital status, sex, gender identity or expression, sexual orientation, or veteran's status. IV. Enforcement. The Jacksonville Human Rights Commission, as established in Chapter 60 of the Jacksonville Municipal Code, shall be charged with the enforcement of this article through its normal processes in manner consistent with the laws of Florida and the United States. Cathryn M. Oakley Legislative C'ci n':el, State and Municipal Advocacy 1 Human Rights 1 (202) 285 -1261 (eel I) (202) 572-8974 (office) 1(202) 628 -0317 (fax) 1640 Rhode Island Ave NW; Washington. DC 20036 1 www.hrc.org 'ampaign eathryn.raklev r!_hrc.ord This email, and any attached files, contains information belonging to the Human Rights Campaign, which may be confidential andlor privileged If you are not the intended recipient, any review, use, distribution, or disclosure to others is prohibited lfyou have received this email in error, please notifp the sender immediately by reply email and delete all copies of this message. Thank you.