3-12-14- Handout Section 1 . 60. 105 . Functions, powers, and duties .
The Commission shall promote and encourage fair treatment and equal
opportunity for all persons regardless of race, color, religion, sex, sexual orientation,
gender identity or gender expression, national origin, age, disability, veterans
discharge status, disability, age, limited non-violent criminal background, marital or
familial status; and will promote mutual understanding and respect of diversity among
all economic, social, racial, religious and ethnic groups and shall endeavor to
eliminate discrimination, fear of reappraisal in reporting of cases of discrimination or
testimony of, and disenfranchisement against, hazing, intimidation, and antagonism
between, religious, racial, and ethnic, class and other groups listed within this
ordinance and are residents of Jacksonville, Florida. In performing its functions, the
Commission shall have the following powers and duties :
* * *
Section 2 . Amending Section 400. 101 (Statement of policy),
Ordinance Code. Section 400. 101 (Statement of policy),
Section 2 . Amending Section 400. 101 (Statement of policy), Ordinance Code. Section 400. 101
(Statement of policy), Ordinance Code, is hereby amended to read as follows :
CHAPTER 400. EQUAL OPPORTUNITY/EQUAL ACCESS .
PART 1 . STATEMENT OF POLICY AND GENERAL PROVISIONS .
Sec. 400 . 101 . Statement of policy.
(a) Employment. The Council hereby declares it to be the policy of the City that personnel shall
be employed, compensated, promoted, transferred, or disciplined without regard to race, color,
religion, political affiliation, gender, sexual orientation, gender identity or gender expression,
national origin, disability, age, limited non-violent criminal background, veteran ' s discharge
status, or any circumstances other than merit and qualification.
* * *
Section 3 . Amending Chapter 402 (Equal Employment Opportunity), Ordinance Code.
Chapter 402 (Equal Employment Opportunity), Ordinance Code, is hereby amended to
read as follows :
CHAPTER 402 . EQUAL EMPLOYMENT OPPORTUNITY.
PART 1 . GENERAL PROVISIONS .
Sec. 402 . 102 . Legislative findings .
The City fords and declares that:
(a) The right of equal opportunity of access to employment and the right of fair treatment by
employers without discrimination on the basis of race, color, religion, national origin, sex, sexual
orientation, gender identity or gender expression, marital status, age, disability, limited
non-violent criminal background and military service are civil rights guaranteed by the United
* * *
Sec . 402 . 107. Definitions .
In this Chapter, unless the context otherwise requires :
(g) Discriminate, discrimination and discriminatory include:
( 1 ) A difference in treatment because of race, religion, national origin, sex, sexual orientation,
gender identity or gender expression, disability, limited non-violent criminal background,
military discharge status, pregnancy, or marital status where the difference is not justified by
business necessity or is not a bona fide occupational qualification.
(2) Any of the unlawful employment practices hereinafter enumerated.
(3 ) An unlawful separation, segregation or distinction directly or indirectly against a person
because of race, color, religion, national origin, sex, sexual orientation, gender identity or gender
expression, disability, limited non-violent criminal background, or military discharge status .
* * *
(n) Gender identity or gender expression means an identity, appearance, expression or behavior
of an individual that relates to personal gender as a matter of being, whether masculine or
feminine or otherwise, regardless of the individual ' s assigned sex at birth or sex as legally
classified.
(o) Labor organization includes :
Any organization, agency, or employee representation committee 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 of employment, benefits, or
conditions of work.
* * *
(p) Reasonable accommodation may include :
Modifications to the job application process, work environment, removing workplace barriers
that would otherwise impede people with disabilities from competing for jobs, performing jobs,
or gaining access to the benefits of employment. Reasonable accommodation decisions should be
made on a case-by-case basis after discussions that allow the employer to understand the nature
of the accommodation(s) requested and the precise aspect of the application process, job, or
benefit that poses a barrier. In some circumstances, an employer may also request documentation
of a person's disability.
* * *
(q) Qualified individual with a disability:
A person who has a physical or mental impairment which for such individual constitutes or
results in a substantial impediment to employment; and can benefit in terms of employment
outcome.
* * *
(r) Sexual orientation means an identity, appearance, expression or behavior of an individual that
relates to personal matter of being, pertaining to a person' s actual or perceived heterosexuality,
homosexuality, or bisexuality.
(s) Limited non-violent criminal background means infounation indicating that an individual has
been convicted of any non-violent third degree felony, first degree misdemeanor or other
//IN t .v, IMP jar I f ;21 j J1`!
Title of Bill :
Amendment to the Human Rights Ordinance of 2014 (JAXHRO — 2014)
Be It Enacted By The Jacksonville City Council
Whereas the City of Jacksonville seeks to promote a better quality of life for all
residents of the City of Jacksonville ; and
Whereas the City of Jacksonville seeks to promote equality of opportunity
and to protect all residents of the City of Jacksonville from discrimination within
county limits; and
Whereas the City of Jacksonville respects the First Amendment of the
United States Constitution and the intent to establish the right of citizens to petition
the government for a redress of grievances; and
Whereas the City of Jacksonville seeks to create an environment that
allows for new residents to the city and prosperity in trade and commerce in order to
enrich the lives of residents within the region; therefore
BE IT ORDAINED by the Council of the City of Jacksonville: Section
1 . Amending Section 60. 105 (Functions, powers, and duties), Ordinance
Code. Section 60. 105 (Functions, powers, and duties), as hereby read as follows :
Chapter 60 Human Rights Commission
Part 1 In General
* * *
offense, has been adjudicated delinquent, has been less than honorably discharged from any
branch of the United States Armed Forces, or has been placed on probation, fined, incarcerated,
placed on extended supervision or paroled pursuant to any law enforcement or military authority.
Convictions of murder, voluntary manslaughter, rape, sexual abuse or assault, domestic violence,
and convictions of attempting any of these crimes, are not to be included in any protections
derived from this definition. This definition is pursuant to any applicable Florida Statutes.
(v) Veteran' s discharge status means the details of discharge from any branch of the United
States Armed Forces .
(w) Substantially limits : The term substantially limits means :
An impairment that limits one major life activity need not limit other major life activities in order
to be considered a disability.
* * *
(x) (R) Training program means any plan containing terms and conditions for qualification,
recruitment, selection, employment, training of employees for:
(y) Promotion, inter and intra-office transfer, up-training programs, employment counselling,
and benefit enrollment and decisions or otherwise covered therein.
* * *
(G) Undue hardship :
An action requiring significant difficulty or expense as it relates to the individual business
or organization : the nature and cost of the accommodation needed, the overall financial resources
of the facility making the reasonable accommodation, the number of persons employed at the
facility and the facility' s expenses, overall financial resources, size, number of employees,
location of facilities of the employer, type of operation of the employer, structure and functions
of the workforce, the geographic separateness and the administrative or fiscal relationship of the
facility involved in making the accommodation to the employer, and the impact of the
accommodation on the operation of the facility.
PART 2. DISCRIMINATION IN EMPLOYMENT.
Sec. 402.201 . Employment.
Except as provided in Section 402 .208 , it is an unlawful employment practice for an employer:
(a) To fail or refuse to hire, to discharge or otherwise to discriminate against an
individual with respect to compensation or terms, conditions or privileges of employment
because of race, color, religion, sex, sexual orientation, gender identity or gender expression,
marital status, national origin, limited non violent criminal background, veteran' s discharge
status, age or disability.
(b) To limit, segregate or classify employees or applicants in a way which would
deprive or tend to deprive an individual of employment opportunities or otherwise adversely
affect the status of an employee or applicant, also including obstructing testimony of
discrimination through fear of reappraisal, because of race, color, religion, sex, sexual
orientation, gender identity or gender expression, limited non-violent criminal background,
veteran' s discharge status, marital status, national origin, age or disability.
Sec. 402.202. Employment agencies .
Except as provided in Section 402 .208 , it is an unlawful employment practice for an employment
agency:
(a) To fail or refuse to refer for employment or otherwise to discriminate against an
individual, also including obstructing testimony of discrimination through fear of
reappraisal, because of race, color, religion, sex, sexual orientation, gender identity or
gender expression, limited non violent criminal background, veteran' s discharge
status, marital status, national origin, age or disability.
(b) To classify or refer for employment an individual on the basis of race, color,
religion, sex, sexual orientation, gender identity or gender expression, limited non
violent criminal background, veteran' s discharge status, marital status, national
origin, age or disability
Sec. 402.203. Labor organizations.
Except as provided in Section 402 .208, it is an unlawful employment practice for a labor
organization:
(b) To limit, segregate or classify its membership or applicants for membership or to
classify or fail or refuse to refer for employment, haze, or otherwise intimidate, also including
obstructing testimony of discrimination through fear of reappraisal, an individual otherwise
qualified for membership in a way which would:
( 1 ) Deprive an individual of employment opportunities; or
(2) Limit the employment opportunities or otherwise adversely affect the
status, or benefits, of an employee or of an applicant for employment;
Because of race, color, religion, national origin, sex, sexual orientation, gender identity or gender
expression, limited non violent criminal background, veteran ' s discharge status, marital status,
age or disability.
Sec. 402.204. Training programs.
Except as provided in Section 402 .208 , it is an unlawful employment practice for an
employer, labor organization or joint labor-management committee controlling apprenticeship or
other training or retraining, including on-the-job training, programs to discriminate against an
individual, or obstruct testimony of discrimination through fear of reappraisal, because of race,
color, religion, sex, sexual orientation, gender identity or gender expression, marital status,
limited non-violent criminal background, veteran' s discharge status, national origin, age or
disability in admission to or employment in a program established to provide apprenticeship or
other training.
* * *
Sec. 402.206. Other discriminatory practices.
It is an unlawful employment practice for an employer, labor organization, employment
agency or joint labor-management committee controlling apprenticeship or other training or
retraining, including on-the-job training, programs to print or publish or cause to be printed or
published a notice or advertisement:
* * *
(c) Relating to admission to or employment in a program established to provide
apprenticeship or other training by the joint labor-management committee; Indicating in any of
these areas a preference, limitation, specification or discrimination based on race, color, religion,
sex, sexual orientation, gender identity or gender expression, national origin, limited non violent
criminal background, veteran' s discharge status, national origin, age, or disability; provided, that
a notice or advertisement may indicate a preference, limitation, specification or discrimination
based on religion, sex, sexual orientation, gender identity or gender expression, limited non
violent criminal background, veteran' s discharge status, marital status or national origin when
the factor or qualification is a bona fide occupational qualification for employment
* * *
Sec. 402.209 Exemptions.
This Part 2 does not apply to: A religious corporation, association or society with respect to
the employment of individuals of a particular religion, may execute or withdraw an offer of
employment based upon the requirements of their organization and at their discretion te-perfefni
activities.
Sec. 402.210. Exceptions.
It is not an unlawful employment practice:
(a) For an employer to hire and employ an employee, for an employment agency to classify
or refer for employment an individual, for a labor organization to classify its membership or to
classify or to refer for employment an individual or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training or retraining programs
to admit or employ an individual in the program on the basis of religion, sex, marital status,
national origin, age or disability where religion, sex, sexual orientation, gender identity or gender
expression, marital status, national origin, limited non violent criminal background, veteran' s
discharge status, national origin, age or disability is a bona fide occupational qualification
reasonably necessary to the normal operation of that particular business enterprise or other
organization.
* * *
Sec. 402.211 . Seniority or merit systems.
Notwithstanding any other provisions of this Part, it is not an unlawful employment practice
for an employer:
(a) To apply different standards of compensation or different terms, conditions or
privileges of employment pursuant to a bona fide seniority or merit system or a system which
measures earning by quantity or quality or production or to employees who work in different
locations, if the differences are not the result of an intention to discriminate or bar testimony of
discrimination through fear of reappraisal, because of race, color, religion, sex, sexual
orientation, gender identity or gender expression, marital status, limited non violent criminal
background veteran's discharge status, national origin, national origin, age or disability.
(b) To give and act, or disqualify, the results of a professionally developed ability or
aptitude test if the test, its administration or action upon the results is not designed, intended or
used to discriminate because of race, color, religion, sex, sexual orientation, gender identity or
gender expression, marital status, national origin, limited non violent criminal background,
veteran ' s discharge status, national origin, age or disability.
* * *
Section 4. Amending Chapter 406 (Public Accommodations), Ordinance Code.
Chapter 406 (Public Accommodations) , Ordinance Code, is hereby amended to read as follows :
CHAPTER 406. PUBLIC ACCOMMODATIONS.
PART 1 . GENERAL PROVISIONS.
Sec. 406. 102. Declaration of policy.
The City declares it to be the policy of the City to provide, within the limits of the
Constitution of the United States access to public accommodations for all people within the City.
The availability of access to public accommodations without discrimination, on the basis of race,
color, religion, ancestry, to national origin, age, sex, sexual orientation, gender identity or gender
expression, pregnancy, disability, limited non violent criminal background, veteran ' s discharge
status, national origin, marital status, or familial status is a matter of concern to the people of
Jacksonville and more particularly of concern of the City in providing for the health, welfare,
safety and mocals freedom of movement and access for all people of Jacksonville.
* * *
Sec. 406.104. Definitions.
In this Chapter, unless the context otherwise requires :
* * *
(g) Discriminate, discrimination, and discriminatory include:
( 1 ) Any difference in treatment because of race, color, religion, ancestry,
national origin, age, sex, sexual orientation, gender identity or gender expression,
pregnancy, disability, limited non violent criminal background, veteran' s discharge
status, marital status, or familial status, where the difference is not justified by business
necessity or is not a bona fide qualification.
(2) Any of the discriminatory practices hereinafter enumerated.
(3) An unlawful separation, segregation or distinction directly or indirectly
against a person, hazing, or obstructing testimony through fear of reappraisal , because of
race, color, religion, ancestry, national origin, age, sex, sexual orientation, gender identity
or gender expression, pregnancy, limited non violent criminal background, veteran' s
discharge status, national origin, disability, marital status, or familial status .
Section 5 . Amending Chapter 408 (Fair Housing), Ordinance Code. Chapter 408 (Fair
Housing), Ordinance Code, is hereby amended to read as follows :
CHAPTER 408. FAIR HOUSING.
PART 1. GENERAL PROVISIONS.
* * *
Sec. 408. 102. Declaration of policy.
The City declares it to be the policy of the City to provide, , within the limits of the
Constitution of the United States, fair housing for all people within the City. The availability of
adequate housing without discrimination, or obstruction in the reporting of cases of
discrimination, on the basis of race, color, religion, national origin, sex, sexual orientation,
gender identity or gender expression, handicap, limited non violent criminal background,
veteran' s discharge status, familial status or marital status is a matter of concern to the people of
Jacksonville and more particularly of concern to the City in providing for the health, welfare,
safety and quality of life for all people of Jacksonville
* * *
Sec. 408.105. Definitions.
In this Chapter, unless the context otherwise requires :
* * *
(1) Gender identity or gender expression means an identity, appearance, expression or
behavior of an individual that relates to personal gender as a matter of being, whether masculine
or feminine or otherwise, regardless of the individual ' s assigned sex at birth or sex as legally
classified.
(m)( General counsel means the General Counsel of the City of Jacksonville.
(n)(m) Handicap means a mental or physical impairment that substantially limits at least
one major life activity, a record of such impairment, or being regarded as having such an
impairment. Handicap means a mental or physical impairment that substantially limits at least
one major life activity, a record of such impairment, or being regarded as having such an
impairment. The term does not include current, it - . . - : : . . . ' : - : . : • • : - .
•
- -
individual because that individual is a transvestite.
(o)($—Housing facility means and includes any building, structure or portion thereof
which is occupied as, or designed or intended for occupancy as the home, living quarters or
residence of one or more families, and any vacant land which is offered for sale or lease for the
construction or location thereof of any such building, structure or portion thereof
(p)(o) Person includes one or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in cases under 11 U. S . C. 101 et seq . (Bankruptcy
Code), receivers and fiduciaries.
(q)(p) Real estate broker includes any person duly licensed as or acting in the capacity of
a real estate broker under the laws of the state.
(r)( )-Real estate salesperson includes :
Any person acting as an agent to broker a sale or lease agreement between a
persons in a transaction to sell or to rent a housing facility.
(s)(r) To rent includes to lease, to sublease, to let and otherwise to grant for a
consideration the right to occupy premises not owned by the occupant.
(t)(s) Respondent means : any entity whom has been charged with a violation of this
chapter and who meets the requirements under this chapter as one who provides public
accommodation.
(u) Sexual orientation means an identity, appearance, expression or behavior of an
individual that relates to personal matter of being, pertaining to a person' s actual or perceived
heterosexuality, homosexuality, or bisexuality.
(v) Limited non-violent criminal background means information indicating that an
individual has been convicted of any non-violent third degree felony, first degree misdemeanor
or other offense, has been adjudicated delinquent, has been less than honorably discharged from
any branch of the United States Armed Forces, or has been placed on probation, fined,
incarcerated, placed on extended supervision or paroled pursuant to any law enforcement or
military authority. Convictions of murder, voluntary manslaughter, rape, sexual abuse or assault,
domestic violence, and convictions of attempting any of these crimes, are not to be included in
any protections derived from this definition. This definition is pursuant to any applicable Florida
Statutes.
(w) Military discharge status means a person's veteran' s discharge status in any branch
of the United States Armed Forces.
* * *
PART 2. FAIR HOUSING
Sec. 408.204. Appraisals Exemptions.
A person engaged in the business of furnishing appraisals of real property may not
discriminate based on race, color, religion, sex, sexual orientation, gender identity or gender
expression, handicap, limited non violent criminal background, veteran' s discharge status,
familial status, or national origin This Part does not prohibit a person engaged in the business of
-.. r- " a . . . . ' . : . : : : - - : •- . : : - ' - : : • . . ' : : . : : • . . • • ,
color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, or
PART 4. DISCRIMINATION PROHIBITED.
Sec. 408.401 . Sale or rental.
(a) A person may not refuse to sell or to rent after the making of a bona fide offer,
refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, or work as a
third party to deny, a dwelling, or obstruct the reporting of discriminatory practices through fear
of reappraisal, or other means, to any person because of race, color, handicap, religion, sex,
sexual orientation, gender identity or gender expression, limited non violent criminal
background, veteran ' s discharge status, familial status, or national origin.
(b) A person may not discriminate against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, obstruct the reporting of discriminatory practices,
intimidate a person to abandon such dwellings, or in providing services or facilities in connection
with the sale or rental , or work to prevent the renting or sale of a property offered., because of
race, color, handicap, religion, sex, sexual orientation, gender identity or gender expression,
limited non violent criminal background, veteran ' s discharge status, familial status, or national
origin.
Sec. 408.402. Publication.
A person may not make, print, or publish or cause to be made, printed, or published any
notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates
any preference, limitation, or discrimination based on race, color, religion, sex, sexual
orientation, gender identity or gender expression, handicap, limited non violent criminal
background, veteran' s discharge status, familial status, national origin, or an intention to make
such a preference, limitation, or discrimination.
Sec. 408.403 . Falsely representing availability.
A person may not represent to any person, whether first or third party, because of race,
color, religion, sex, sexual orientation, gender identity or gender expression, handicap, limited
non violent criminal background, veteran' s discharge status, familial status, or national origin
that a dwelling is not available for inspection, sale or rental when the dwelling is available for
inspection, sale or rent.
Sec. 408.404. Entry into neighborhood.
A person may not, for profit, induce, intimidate or haze, or by any means, attempt to
induce a person to sell or rent a dwelling by representations regarding the entry or prospective
entry into a neighborhood, or obstruct the reporting of discriminatory acts, against a person, of a
particular race, color, religion, sex, sexual orientation, gender identity or gender expression,
handicap, limited non violent criminal background, veteran ' s discharge status, familial status, or
national origin.
* * *
Sec. 408.406. Residential real estate related transaction.
(a) A person whose business includes engaging in residential real estate related
transactions may not discriminate against a person, or obstruct in the reporting of cases of
discrimination, in making a real estate related transaction available or in the terms or conditions
of a real estate related transaction because of race, color, religion, sex, sexual orientation, gender
identity or gender expression, handicap, limited non violent criminal background, veteran ' s
discharge status, familial status, or national origin.
* * *
Sec. 408.407. Brokerage services.
A person may not deny any person access to, or membership or participation in, a
multiple-listing service, real estate brokers' organization or other service, organization, or facility
relating to the business of selling or renting dwellings, or discriminate, or obstruct the reporting
of discrimination, against a person in the terms or conditions of access, membership, or
participation, on the basis of race, color, religion, national origin, sex, sexual orientation, gender
identity or gender expression, limited non violent criminal background, veteran' s discharge
status, familial status, or handicap.
Section 6. Effective Date. This ordinance shall become effective upon successful
passage by the City Council and with or without the signature of the Mayor or upon becoming