§ 14-40. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 that substantially limits one 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 F.S. § 893.02, 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. For the purpose of this definition, the term "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. For the purpose of this definition, the term "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 15 or more employees for each working day in each of 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 the same sex or opposite sex, and of living with one or more dependents, whether minor or disabled children or parents.

Gender identity or expression means having, or being perceived as having, a gender-related self-identity, self-image, appearance, expression or behavior, whether or not such gender-related characteristics differ from those associated with the person's assigned sex at birth.

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.

Person means any natural person, firm, corporation, labor organization, partnership or other organization, association or group however organized.

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)

By a public body or agency;

(2)

With or without regard to profit; or

(3)

For a fee or not for a fee. An institution, club, association or other place of accommodation that has more than 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 article.

Religion means all aspects of religious observance and practice, as well as belief.

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;

(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.

Sexual orientation means the actual or perceived state of heterosexuality, homosexuality or bisexuality.

(Code 1979, § 13-102; Ord. No. 36-2001, § 1; Ord. No. 008-2003, § 1)