Title 12 · Chapter 12 - HUMAN RIGHTS

Definitions

Section: 12-2

For the purpose of this chapter, unless given a different meaning under an article of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:

Administrator means that person appointed pursuant to section 12-4.

Board means the Tampa Human Rights Board created by this chapter.

Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the administrator.

Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.

Disability is used interchangeably with the term "handicap" and shall have the same meaning as "handicap" in chapter 12 of this Code or in section 802(h) of the Fair Housing Act (42 USC 3602(h)), "individual with a disability" in section 7(8)(B) of the Rehabilitation Act of 1973 (29 USC 706(8)(B), and "disability" in section 3(2) of the Americans with Disabilities Act (ADA) (42 USC 12102(2)), except that, for purposes of the ADA, the exceptions to the definitions of the terms "disability" and "qualified individual with a disability" shall be those as stated in section 1630.3 of the ADA regulations (29 CFR 1630.3), as now or hereafter revised, which are hereby adopted and incorporated as fully as if set out at length herein.

Discriminatory practice means an act that is unlawful and prohibited under the provisions of this chapter.

Familial status means one (1) or more individuals, who have not attained the age of eighteen (18) years, being domiciled with:

(1)

A parent or another person having legal custody of such individual or individuals; or

(2)

The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

Family includes a single individual.

Gender identity or expression means the inner sense of being a specific gender, gender-related identity, appearance, expression and behavior of an individual, regardless of the individual's assigned sex at birth.

Hearing officer means an employee of the Division of Administrative Hearings within the State of Florida, Department of Administration, employed to conduct hearings pursuant to F.S. chapter 120, or other person selected by the administrator to conduct a hearing pursuant to this chapter from a pool of hearing officers, who are members of the Florida Bar, appointed by the mayor and approved by the city council for a term not to exceed two (2) years. The hearing officers shall not be entitled to compensation; however, they shall receive reimbursement for parking in city garages and for mileage for any hearing-related business. Such reimbursement shall be consistent with city policy.

Marital status means the state of being unmarried, married, or separated, as defined by state law. The term "unmarried" includes persons who are single, divorced or widowed.

Quorum means a majority of the members of the Tampa Human Rights Board.

Religion includes all aspects of religious observance, practice and belief.

Sex. 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.

Sexual orientation means the condition of being heterosexual, homosexual, or bi-sexual or having a history of such identification. This definition is not intended to permit any practice prohibited by state or local law.

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 96-201, §§ 1, 2, 9-19-96; Ord. No. 96-252, § 1, 11-14-96; Ord. No. 2009-166, § 1, 11-19-09; Ord. No. 2013-65, § 1, 5-16-2013)