Sec. 402.107. - Definitions.

In this Chapter, unless the context otherwise requires: (a) Applicant means an individual who has applied for employment in a job position but who has not yet been hired in that position. (b) Bona fide occupational qualification means a physical, educational, intellectual, economic or other standard, requirement or quality that: (1) Is required of persons who apply for or occupy the job position for which it is prescribed; and (2) Is related to and necessary for job performance; and (3) Cannot be possessed, performed or met by a person excluded from the job position by reason of the qualification. (c) Bona fide seniority system means an employment practice whereby employees are promoted, laid off, rehired, assigned, transferred, offered additional or improved employment opportunities, given increased compensation or other benefits or otherwise dealt with on the basis, wholly or partially, of length of service, which, on its face, does not discriminate and is not intended or designed to disguise discrimination. (d) Commission means the Jacksonville Human Rights Commission established by Chapter 60 . (e) Disability means, with respect to an individual: (1) A physical or mental impairment which "substantially limits" one or more of the individual's major life activities; (2) A record of such an impairment; (3) Being regarded as having such an impairment. For the purpose of this Chapter, a disabled individual is substantially limited if s/he is likely to experience difficulty in securing, retaining or advancing in employment because of the disability. (f) Direct threat. (1) The term direct threat means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. (g) Discriminate, discrimination and discriminatory include: (1) A difference in treatment because of race, religion, national origin, sex, sexual orientation, gender identity, 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 disability. (4) Participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this Subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of this covered entity, or an organization providing training and apprenticeship programs). (5) Excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association. (h) Employee means an individual employed by an employer but does not include a person elected to public office or a person chosen by the officer to be on the officer's personal staff or an appointee on the policy-making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office; provided, that the exclusion set forth in this sentence shall not apply to employees subject to the civil service laws of the City. (i) 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: (1) An agent of a person; and (2) The Consolidated Government of the City, considered as a single entity and not by its constituent agencies; But does not include: (1) The United States, a corporation wholly owned by the government of the United States or an agency of the United States; (2) The State of Florida or any of its agencies; (3) The governments of the Second, Third, Fourth or Fifth Urban Services Districts; or (4) A bona fide membership club (other than a labor organization) which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954 [26 U.S.C. 501(c)]. (j) Employment agency means a person regularly undertaking, either 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. (k) Employment decision includes hiring, layoff, termination, discharge, rehiring, upgrading, promotion, demotion, transfer and similar actions. (l) Employment practice means a method of operation used by an employer, including recruitment, recruitment advertising, use of selection devices, hiring, layoff, termination, rehiring, upgrading, demotion, transfer, rates of pay or other forms of compensation and use of facilities. (m) Executive Director means the Executive Director of the Jacksonville Human Rights Commission as provided in Chapter 60 . (n) Gender identity shall mean the gender-related identity, appearance, or expression of a person. Gender identity may be demonstrated by a person's consistent and uniform assertion of a particular gender identity, appearance or expression, or by any other evidence that a person's gender identity is sincerely held, provided, however, that gender identity shall not be asserted for any improper, illegal or criminal purpose. (o) Labor organization includes: (1) 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. (2) A conference, general committee, joint or system board or joint council which is subordinate to a State, national or international labor organization. (3) An agent of a labor organization. (p) Reasonable accommodation may include: (1) Making existing facilities used by the employees readily accessible to and usable by individuals with disabilities; and (2) Job structuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modifications of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (3) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or (4) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed that enable a qualified individual with a disability to perform functions of that position; or (5) Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities, (q) Qualified individual with a disability: (1) The term qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position; that such individual holds or desires. For the purposes of this Chapter, consideration shall be given to the employer's judgment as to what functions of a job are essential and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. (r) Religious Organization shall mean and include churches, synagogues, mosques, and schools of religious instruction and non-profit institutions or organizations affiliated therewith, as well as any "religious corporation, association or society." The phrase "religious corporation, association or society" shall be interpreted consistent with Section 2000e-(1)(a), United States Code. (s) Sexual orientation shall mean an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. (t) Substantially limits: The term substantially limits means: (1) Unable to perform a major life activity that the average person in the general population can perform; or (2) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity. (u) Training program means any plan containing terms and conditions for qualification, recruitment, selection, employment, training of employees to: (1) Enter a specific trade or occupation after completion of a specified training program; or (2) Offer a person already either partially or wholly trained in a specified trade or occupation an opportunity to advance him/herself after completion of a specified training program. (v) Undue hardship: (1) In general. The term undue hardship means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (2). (2) Factors to be considered. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include: (i) The nature and cost of the accommodation needed under this Chapter; (ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodations; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility. (iii) The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) The type of operation or operations of the covered entity, including the composition, structure and functions of the work force of such entity; the geographic separateness administrative, or fiscal relationship of the facility or facilities in question to the covered entity. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E , §§ 2, 3; Ord. 2020-244-E , § 3) Note— Former § 152.107.