Title 12174 · Code of Ordinances

Sec. 406.104. - Definitions.

Citation: Jacksonville, FL Code of Ordinances § 406.104.

Section: 406.104.

In this Chapter, unless the context otherwise requires: (a) Commission means the Jacksonville Human Rights Commission. (b) Communication is defined as written materials including electronic mail, when a complaint has been filed. (c) Complainant means a person who files a complaint under this Chapter. (d) Contract is defined as an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty. The parties must have the necessary capacity, as to age or mental soundness. The agreement must have a lawful, not criminal object to be valid and enforceable. (e) Director means the Executive Director of the Jacksonville Human Rights Commission. (f) Disability: (1) A physical or mental impairment which substantially limits one or more of a person's major life activity; (2) A record of such impairment; or (3) being regarded as having such an impairment. The term does not include current, illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802)). (g) Discriminate, discrimination, and discriminatory include: (1) A difference in treatment because of race, color, religion, ancestry, national origin, age, sex, sexual orientation, gender identity, pregnancy, disability, 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 because of race, color, religion, ancestry, national origin, age, sex, sexual orientation, gender identity, pregnancy, disability, marital status, or familial status. (h) 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. (i) Mediation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the complainant, respondent, and the Commission. (j) Probable Cause Panel is defined as a three- to five-person panel composed of the members from the Public Accommodations Subcommittee of the Commission appointed to make findings related to probable cause upon the completion of the investigation of a duly filed complaint. (k) 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. (l) Respondent means any entity whom ha;i§ .....i; been charged with a violation of this Chapter and who meets the requirements under this Chapter as one who provides public accommodation. (m) Settlement agreement means a written agreement setting forth the resolution of the issues in mediation. (n) Sexual orientation shall mean an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. (Ord. 2004-699-E, § 15; Ord. 2017-15-E , § 3; Ord. 2020-244-E , § 4)