ORANGE COUNTYHUMAN RIGHTS ORDINANCE

Chapter 22 of the Orange County Code

Presented to theBoard of County Commissioners

November 23, 2010

Presentation Outline

• Introduction

• Federal, State and Other Jurisdictions

• Current Ordinance

• Summary of Proposed Ordinance

• Public Comment

• Requested Action

Introduction

Introduction

• On October 5, 2010, Mayor Crotty directed the Legal Department to amend our Human Rights Ordinance to provide for a private cause of action in favor of persons in various protected classes (including “sexual orientation”) against discrimination in housing, employment and public accommodations.

Introduction

• Presently, Orange County’s Human Rights Ordinance (Chapter 22) prohibits discrimination in the sale or rental of housing.

• The discrimination classifications addressed in the present ordinance include race, color, religion, sex, national origin, disability, familial status, and sexual orientation.

Federal, State and Other Jurisdictions

Federal, State and Other Jurisdictions

• Federal

– Federal law prohibits discrimination based on a person’s race, color, religion, sex, disability, national origin, familial status, and age.

– Remedy’s include:• Filing a claim with the Equal Employment

Opportunity Commission (EEOC)• Filing a claim with the Department of Justice• Filing a private cause of action in the District

Court (1981 action)

Federal, State and Other Jurisdictions

• State

– State Law prohibits discrimination based on a person’s race, color, religion, sex, disability, national origin, marital status, and age.

– Remedy includes:• Filing a claim with the Florida Commission on

Human Relations (FCHR)• Filing a claim with Florida Attorney General

Federal, State and Other Jurisdictions

• Federal and State Law

– Neither Federal nor State law recognize “sexual orientation” as a protected class.

Federal, State and Other Jurisdictions

• Other Jurisdictions

Some jurisdictions (city and county) have fully staffed human rights commissions to handle discrimination complaints for employment, housing, and public accommodations.

Several jurisdictions with human rights commissions have amended their ordinances to include “sexual orientation” as a protected class.

Federal, State and Other Jurisdictions

• Other Jurisdictions (Con’t)

Other jurisdictions, without human relations commissions (Leon County), have adopted human rights ordinances which have expanded the class of protected persons to include “sexual orientation” and provide for the filing of a private cause of action in cases of discrimination for employment, housing and public accommodations.

Summary of Proposed Ordinance

Summary of Proposed Ordinance

• Amends Chapter 22 of the Orange County Code as follows:

– Creates new provisions to protect against discrimination in the areas of employment and public accommo-dations and amends the Fair Housing provisions.

– Provides for a private cause of action in the Circuit Court for a victim under the Human Rights Ordinance.

– Provides for discrimination classifications to include “marital status” and “sexual orientation.”

– Provides court imposed sanctions.– Provides attorney’s fees to a prevailing

party.

Summary of Proposed Ordinance

Public Comment

Requested Action

Requested Action

Consider adoption of the ordinance amending Chapter 22, Orange County Code, making it unlawful to discriminate against any person based on age, race, color, religion, national origin, disability, marital status, familial status, sex, or sexual orientation; creating a private cause of action for a victim of such discrimination; providing for court imposed sanctions; and providing for attorney’s fees to a prevailing party.

ORANGE COUNTYHUMAN RIGHTS ORDINANCE

Chapter 22 of the Orange County Code

Presented to theBoard of County Commissioners

November 23, 2010