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Item M15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY APPROVAL TO BE TIME CERTAIN Meeting Date: September 19 - 20,2001 Division: District 1 Bulk Item: Yes No Department: Commissioner Dixie M. Spehar AGENDA ITEM WORDING: Approval to advertise an ordinance defining human rights, prohibiting violations of such rights, providing remedies, amending classifications in the Fair Housing Article of the Monroe County Code and providing for the repeal of all ordinances inconsistent with this Human Rights Ordinance. ITEM BACKGROUND: This ordinance reflects that of the City of Key West, which prohibits discrimination based on race, color~ sex, religion, disability, national origin, ancestry, and sexual orientation and adds the classifications of familial status and age to it. PREVIOUS REVELANT BOCC ACTION: This ordinance is the extension of Article VI - Discrimination of the Monroe County Code, which covers Fair Housing into the areas of employment, credit transactions, use of public accommodations and accommodating religious beliefs, practices and observances. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMB/Purchasing Risk Management - - DIVISION DIRECTOR APPROVAL: 1#/ nJ.l~ (Commissioner ixie M. Spehar) DOCUMENTATION: Included To Follow Not Required_ AGENDA ITEM #~IS' DISPOSITION: Revised 2/27/01 Commissioner Dixie Spehar ORDINANCE NO - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DEFINING HUMAN RIGHTS, PROHIBITING VIOLATIONS OF SUCH RIGHTS, PROVIDING REMEDIES, AMENDING CLASSIFICATIONS IN FAIR HOUSING ARTICLE; PROVIDING FOR SEVERABIUTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Chapter 13, Article VI, Monroe County Code shall be amended as follows: ARTICLE VI. DISCRIMINATION DIVISION 1. Section 1. Sections 13-101 through 13-106 shall be created to read as follows: Sec. 13-101. Title. Sections 13-101 through 13-106 inclusive may be cited as the "Monroe County Human Rights Ordinance." Sec. 13-102. Definitions. For purposes of sections 13-101 through 13-106 inclusive, the following words and terms shall have the meaning ascribed thereto: Bona fide occupational qualification means that an employer can demonstrate that a particular characteristic or the absence thereof is reasonably necessary to the essence of the employer's business and that all or substantially all persons with or without the characteristic (as the case may be) are unable to perform the duties of the position in question. Credit transaction means the grant, denial, extension or termination of credit to an individual. Disability means: (1) A physical or mental impairment which substantially limits one (1) or more of a person's major life activities; (2) A record of such impairment; or (3) The perception of having such an impairment. The term does not include persons who have current, illegal use of or addiction to a controlled substance as defined by Section 893.02, Florida Statutes, as now enacted or hereinafter amended. A disabled individual is "qualified" with respect to employment if such individual can perform the essential functions of the job in question with reasonable accommodations. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. "Substantially limited" means likely to experience difficulty in securing, retaining or advancing in employment because of a disability. Employee means an individual who is engaged to work for or under the direction and control of another for monetary or other valuable consideration. Employer means any person employing fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such person, but such term does not include the United States or a corporation wholly owned by the government of the United States. Employment agency means a person that undertakes to procure employees or opportunities to work for potential employees, either through interviews, referrals, advertising or any combination thereof. Familial status means the status of living alone or in any familial relationship whatsoever, including, but not limited to, living ,with a partner, whether maintaining the legal status of being single, married, divorced, separated or widowed, and whether the partner is same sex or opposite sex, and of living with one (1) or more dependents, whether minor or disabled children or parents. Labor organization means any person which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of representing employees in dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment. Public accommodation means a place, business establishment or agency that sells, leases, provides or offers any product, facility or service to the general public, regardless of ownership or operation: (1) Bya public body or agency; (2) For or without regard to profit; or (3) For a fee or not for a fee. An institution, club, association or other place of accommodation which has more than one hundred (100) members, and provides regular meal service and regularly receives payment for dues, fees, accommodations, facilities or services from or on behalf of nonmembers for the furtherance of trade or business shall be considered a place of public accommodation for purposes of this ordinance. Person means any natural person, firm, corporation, labor organization, partnership or other organization, association or group however organized. Religion means all aspects of religious observance and practice, as well as belief. Sexual orientation means the actual or perceived state of heterosexuality, homosexuality or bisexuality. Sexual harassment means any unwelcome sexual advances or requests for sexual favors or conduct of a sexual nature when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or (2) Submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sec. 13-103. Prohibited conduct. 2 (a) No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status or age. No employment agency shall directly or indirectly discriminate against any Individual in classification, processing, referral or recommendation for employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status, or age. The prohibitions contained In this paragraph shall not apply to any of the following: (1) Use of an individual's unfavorable discharge from military service as a valid employment criterion where the affected position of employment Involves the exercise of fiduciary responsibilities and the reasons for the unfavorable discharge relate to his or her fiduciary capacity. (2) Hiring or selecting between individuals for bona fide occupational qualifications. (3) Giving preferential treatment to veterans and their relatives as required by federal or state law or regulation. . (b) No employer, employee, agent of an employer, employment agency, or labor organization shall engage in sexual harassment. An employer shall be liable for sexual harassment by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. (c) No employer shall refuse to make all reasonable efforts to accommodate the religious beliefs, observances and practices of an employee unless the employer demonstrates that the employer Is unable to reasonably accommodate the employee's religious observance or practice without undue hardship on the conduct of the employer's business. Reasonable efforts to accommodate include, but are not limited to, allowing an employee: (1) To take a day of paid leave or vacation" where applicable under the employee's employment agreement; or (2) To be excused from work without pay and without discipline or other penalty; or (3) To elect to take the day off with pay in order to practice the employee's religious beliefs, and to make up the lost work time within the same pay period of the employer at a time and date consistent with the operational need of the employer's business. Any employee who elects such deferred work shall be compensated at his or her regular rate of pay, regardless of the time and date at which the work is made up. The employer may require that any employee who plans to exercise option (3) of this subsection provide the employer with notice of the employee's Intention to do so, no less than ten (10) days prior to the date of absence. (d) No person shall discriminate against any individual in any aspect of any credit transaction, or in any terms and conditions of bonding because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status or age. (e) No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status or age. The prohibition contained in this section, shall not apply to any facility, as to discrimination based on sex, which is distinctly private in nature, such as restrooms, shower rooms, and dressing rooms. (f) No person shall retaliate against any individual because that individual in good faith has made a charge, testified, assisted or participated In an investigation, proceeding or hearing under this ordinance. 3 Sec. 13-104. Penalties; enforcement by civil action. (a) Any person violating the provisions of the Monroe County Human Rights Ordinance shall upon written citation be subject to the penalties provided in section 6.3-34 of the Monroe County Code. (b) The Monroe County Human Rights Ordinance may additionally be enforced by civil action, including action for equitable relief, by any aggrieved person in a court of competent jurisdiction. Sec. 13-105. Nonwaivability. Any written or oral agreement which purports to waive any provision of section 13-103 is against public policy and void. Sec. 13-106. Liberal construction; alternative remedies. The provisions of this ordinance shall be liberally construed for the accomplishment of the purpose hereof. Nothing in this ordinance shall be construed to limit rights granted under the laws of the State of Florida or the United States. Nothing in this ordinance shall be construed to waive the right of any person to file a charge with any agency with the authority to investigate or act upon the complaint. Section 2. Sec. 13-111 shall be amended to read as follows: DIVISION 2. FAIR HOUSING Sec. 13-111. Declaration of policy. It is hereby declared to be the policy of the county in the exercise of its police power for the public safety, public health and general welfare, to assure equal opportunity to obtain adequate housing by all persons regardless of race, color, sex, religion, disability, national origin, ancestry, place of both ~h)'sical handicap, sexual orientation. familial status. or age, and to that end, to eliminate discrimination in housing. Section 3. Sec. 13-112(e) shall be amended to read: (e) Discrimination means any difference in treatment based on race, color, sex, religion, disability, national origin, ancestry, handicap, placc of birth, sexual preference orientation, familial status or aae. Section 4. Sec. 13-115. Unlawful practices shall be amended to read as follows: In connection with any of the transactions set forth in this section which affect any housing operation on the open market, or in connection with any public sale, purchase, rental, or lease of any housing accommodation, it shall be unlawful within the unincorporated areas of the county for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above: (1) To refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person, or to evict a person because of his race, color, sex, religion, disabilitv, ancestry, 5e*t place of birth, hanfticap national origin, ancestry, sexual pr-cfcreRce orientation, familial status or age. 4 (2) To discriminate against a person in the terms, conditions or privileges of the sale, purchase, rental or lease of any housing accommodation, or in the furnishing of facilities or services in connection therewith. (3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of race, color, sex, religion, disabilitv, aRocstry, 5e*t I3lac-e af birth, haRdieap national origin, ancestry, sexual prefereRce orientation, familial status or aae. (4) To evict or to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of race, color, sex, religion, disability, aREcstty, 5e*; place af birth, haRdieap national origin, ancestry, sexual prefereRcc orientation, familial status Q!: ~ (5) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation because of his race, color, sex, religion, disability, aRcestry, 5e*; place af birth, haRdieap national origin, ancestry, sexual preference orientation, familial status or aae. when such dwelling is in fact available to persons who are financially qualified. (6) To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for a sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate. (7) To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease knowing that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith. (8) To induce or discourage, or to attempt to induce or discourage: a. The sale; b. The purchase; c. The rental; d. The lease; e. The listing for a, b, or d, above of any housing accommodations in an area by means of: 1. Causing panic; 2. Inciting unrest; or 3. Creating or playing upon fear, by representing that the presence or anticipated presence in that area of persons of any particular race, color, sex, religion, disability, ancestry, 5e*; place af birth, handicap national origin, ancestry, sexual prcfcR:nc-e orientation, familial status or age. will or may result in: (i) The lowering of property values in the area; (ii) The increase in criminal or antisocial behavior in the area; or (iii) A decline in the quality of the schools serving the area. (9) For any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying there for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance because of the race, color, sex, religion, disabilitv, anccstry, 5e*; place of birth, handicap national origin, ancestry, sexual 5 I3fCfcr-cncc orientation, familial status or age. of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. (10) To deny any person who is otherwise professionally qualified by state law access to, or membership or participation in, any multiple listing service, real estate broker's organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, sex, religion, disabilitv, ancestry, 5e*t place af birtR, handicap national origin, ancestry, sexual prcfefCnC€ orientation, familial status or aae. Section 5. Sec. 13-115A shall be created to read as follows: . Sec. 13-115A Exemption. Nothing in Sec. 13-115 prohibits a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such person, unless membership in such religion is restricted on account of race, color, or national origin. Section 6. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 9. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2001. Mayor George Neugent Commissioner Charles McCoy Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jdordhuman 6 1"'!6TI'