Definitions

For the purpose of this article, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:

Complaining party means the city attorney or a person who may bring an action or proceeding under this article.

Disability means, with respect to a person:

(1)

A physical or mental impairment which substantially limits one (1) or more of such person's major life activities;

(2)

A record of having such an impairment; or

(3)

Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined by F.S. § 893.02. Additionally, neither the term "individual with disabilities" nor the term "disability" shall apply to an individual solely because that individual is a transvestite.

a.

An individual who has a disability is "qualified" with respect to employment if such individual can perform the essential functions of the job in question with reasonable accommodations.

b.

Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

c.

Under the provisions of this article, a physical or mental impairment substantially limits one (1) or more of a person's life activities if, because of such impairment, such person is likely to experience difficulty in securing, retaining or advancing in employment.

Employee means an individual employed by an employer, except that the term "employee" shall not include any person elected to public office in any state or political subdivision of any state by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a state government, governmental agency or political subdivision.

Employer means any person who has five (5) or more full time employees working more than thirty (30) hours per week, or who has more than fifteen (15) employees irrespective of the number of hours per week, in each of the thirteen (13) or more calendar weeks in the current or preceding calendar year, and any agent of such a person. The term "employer" includes the city.

Employment agency means any 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.

Labor organization means:

(1)

An organization of any kind, any agency, or employee representation committee, group, association or plan, representing employees in dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment; or

(2)

Any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization; or

(3)

An agent of a labor organization.

Lending institution means any bank, insurance company, savings and loan association or any other person regularly engaged in the business of lending money, guaranteeing loans, or sources of credit information.

Mediation means an informal conference to help the parties resolve their dispute prior to the investigation of the complaint.

Person includes one (1) or more individuals, corporations, partnerships, associations, labor unions, legal representatives mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 of the United States Code, receivers, and fiduciaries.

Religion includes all aspects of religious observance, practice and belief, unless an employer demonstrates that such employer is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

Respondent means an employer, employment agency, labor organization, joint labor-management committee controlling apprenticeship or other training or retraining program, including an on-the-job training program, or other person or entity accused in a complaint of a discriminatory practice.

Sex includes the terms "sex" or "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 12-36(c) shall be interpreted to permit otherwise.

Training program includes any plan containing terms and conditions for qualification, recruitment, selection, employment, or training of employees to:

(1)

Enter a specific trade or occupation after completion of a specified training program; or

(2)

Offer a person, who is already either partially or wholly trained in a specified trade or occupation, an opportunity to advance after completion of a specified training program.

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 96-201, § 3, 9-19-96; Ord. No. 2010-2, § 1, 1-7-2010)