Miami-Dade Legislative Item
File Number: 130915
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File Number: 130915 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: Health & Social Services Committee
File Name: DISCRIMINATION IN HOUSING & EMPLOYMENT BASED GENDER IDENTITY Introduced: 5/9/2013
Requester: NONE Cost: Final Action: 8/26/2013
Agenda Date: 5/21/2013 Agenda Item Number: 4B
Notes: 6WKS/4WKS NOTE TO CAO ITEM FILED IN BCC FOLDER 5-21-13 Title: ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO DISCRIMINATION IN HOUSING, PUBLIC ACCOMMODATIONS, AND EMPLOYMENT BASED ON GENDER IDENTITY OR EXPRESSION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes:
  DISCRIMINATION
  GENDER IDENTITY
  HOUSING
Sponsors: Audrey M. Edmonson, Co-Prime Sponsor
  Bruno A. Barreiro, Co-Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Health & Social Services Committee 8/26/2013 2A Withdrawn P
REPORT: The foregoing proposed ordinance was withdrawn during consideration of today's agenda.

Office of the Chairperson 8/22/2013 Withdrawals

Health & Social Services Committee 7/8/2013 1E1 Deferred P
REPORT: The Committee deferred the foregoing proposed ordinance during consideration of today's agenda. Commissioner Bell noted the Committee was deferring Agenda Item 1E1, as per Chairwoman Edmonson’s request. She pointed out that the chambers were full of people who had come for this item, and asked whether Chairwoman Edmonson would defer the public hearing, as well. Chairwoman Edmonson confirmed that the public hearing would be deferred to August, as well. Commissioner Diaz explained that the reason the item was deferred was because the prime sponsor had requested it. He thanked the people who had come to participate in the public hearing for this item; he apologized to them, and promised that they would be able to speak in August. Chairwoman Edmonson stated that she had her reasons for deferring the item, noting all the people who contacted her office last week were informed that the item would be deferred, but because of the July 4th holiday, she did not have the opportunity to remove this item from the Official Agenda. The Committee deferred the foregoing proposed ordinance during consideration of today's agenda.

Board of County Commissioners 5/22/2013 Municipalities notified of public hearing Health & Social Services Committee 7/8/2013 5/21/2013

Board of County Commissioners 5/21/2013 Tentatively scheduled for a public hearing Health & Social Services Committee 7/8/2013

Board of County Commissioners 5/21/2013 4B Adopted on first reading 7/8/2013 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Health and Social Services Committee on July 8, 2013 at 2:00 p.m.

Board of County Commissioners 5/13/2013 Requires Municipal Notification Health & Social Services Committee 7/8/2013

County Attorney 5/9/2013 Referred Health & Social Services Committee 8/26/2013

County Attorney 5/9/2013 Assigned Terrence A. Smith

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 11A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO DISCRIMINATION IN HOUSING, PUBLIC ACCOMMODATIONS, AND EMPLOYMENT BASED ON GENDER IDENTITY OR EXPRESSION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, until recently, data on the prevalence and character of discrimination against transgender and gender non-conforming people has been limited to small studies and anecdotal reports; and
WHEREAS, in the first comprehensive national effort to document this problem, the National Center for Transgender Equality and the National Gay and Lesbian Task Force in 2011 launched a six-month data collection process, interviewing 6,450 transgender people from all fifty (50) states, the District of Columbia, Puerto Rico, Guam and the United States Virgin Islands, via an extensive questionnaire that covered critical topics such as employment, education, health care, housing, public accommodation, criminal justice, family life and access to government documents; and
WHEREAS, the final study resulted in the publication of the National Center for Transgender Equality and the National Gay and Lesbian Task Force’s Study entitled “Injustice at Every Turn: A Report of the National Transgender Discrimination Survey” (“Study”); and
WHEREAS, the Study revealed that gender identity or expression1 discrimination was pervasive throughout the entire sample; and
WHEREAS, the Study showed that (1) ninety percent (90%) of the respondents reported experiencing harassment, mistreatment or discrimination in employment, with forty-seven percent (47%) reporting that they experienced an adverse job outcome such as being fired, not hired or denied a promotion; (2) nineteen percent (19%) of the respondents were denied housing; and (3) fifty-three percent (53%) of the respondents reported being verbally harassed or disrespected in places of public accommodations, such as hotels, restaurants, buses, airports and governmental agencies; and
WHEREAS, the Study further showed that (1) the combination of anti-transgender bias and persistent, structural racism was especially devastating for all respondents, but even more so for transgendered people of color; (2) that the respondents lived in extreme poverty, i.e. the respondents were nearly four times more likely to have a household income of less than $10,000 per year compared to the general population; and (3) that a staggering 41% of respondents reported attempting suicide compared to 1.6% of the general population, with rates rising for those who lost a job due to bias (55%), were harassed/bullied in school (51%), had low household income, or were the victim of physical assault (61%) or sexual assault (64%); and
WHEREAS, notwithstanding this overwhelming data on discrimination against transgendered and gender non-conforming people there are very few federal and state laws that offer protections for them based on gender identity or expression; and
WHEREAS, in fact, it was not until this year that Congress extended protections to transgendered and gender non-conforming people, who are victims of domestic and sexual violence; and
WHEREAS, on March 7, 2013, President Obama signed the reauthorization of the Violence Against Women’s Act (“Act”), which now offers protections against discrimination based on gender identity in those programs that receive federal funding; and
WHEREAS, although the Act is a step in the right direction, neither the federal or the State of Florida’s civil rights laws extend similar protections based on gender identity or expression in the areas of employment, housing and public accommodations; and
WHEREAS, notwithstanding the lack of nondiscrimination laws based on gender identity or expression on the federal and state level, many local governments have taken the lead by enacting nondiscrimination laws that extend such protections; and
WHEREAS, currently, there are approximately fourteen (14) Florida counties and cities, including Broward County, Palm Beach County, Leon County, Monroe County, Volusia County, City of Dunedin, City of Key West, City of West Palm Beach, City of Gainesville, City of Tampa, City of Lake Worth, City of Miami Beach, City of Oakland Park, and City of Gulfport, that have extended protections based on gender identity or expression; and
WHEREAS, based on a letter received by the Board from the Miami-Dade HIV/AIDS Partnership there are approximately 5,020 – 20,080 transgendered persons living in Miami-Dade County, who do not have similar protections as those similarly situated persons living in neighboring counties or cities; and
WHEREAS, this Board has a responsibility to protect the residents of Miami-Dade County from all forms of discrimination; and
WHEREAS, this Board can improve transgender and gender non-conforming people’s lives in a significant way by advancing anti-discrimination protections to them; and
WHEREAS, this Board has already, in exercising its police powers related to public safety, health and general welfare, declared as the policy of Miami-Dade County to eliminate and prevent discrimination in employment, public accommodations, credit and financing practices, and housing accommodations based on race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status or sexual orientation as well as source of income in housing only; and
WHEREAS, this Board in furtherance of this policy enacted Ordinance No. 97-17, as amended, which is codified in Chapter 11A of the Code of Miami-Dade County (“Code”); and
WHEREAS, for purposes of enforcement of Chapter 11A, this Board established a quasi-judicial board pursuant to Section 11A-5 of the Code known as the Miami-Dade Commission on Human Rights (“Human Rights Commission”), which has jurisdiction to hear matters arising from claims of discrimination in employment, family leave, public accommodations, credit and financing practices, and housing accommodations because of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation and source of income; and
WHEREAS, this Board also established the position of the Human Rights Commission’s Director whose duties, functions, powers and responsibilities include but are not limited to enforcement of Chapter 11A, Articles II, III, IV, V, and VIII, investigating claims of discrimination, conciliation, issuing probable cause determinations and staffing the Human Rights Commission; and
WHEREAS, this Board, in exercising its police powers related to public safety, health and general welfare, declares as the policy of Miami-Dade County that the elimination and prevention of discrimination in employment, public accommodations, credit and financing practices, and housing accommodations because of gender identity or expression is in the best interest of Miami-Dade County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 11A-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:2
ARTICLE I. GENERAL PROVISIONS
Sec. 11A-1. Declaration of policy and scope.
(1) Policy. It is hereby declared to be the policy of Miami-Dade County, in the exercise of its police power for the public safety, health and general welfare, to eliminate and prevent discrimination in employment, family leave, public accommodations, credit and financing practices, and housing accommodations because of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status >>,gender identity or expression,<< or sexual orientation. It is further hereby declared to be the policy of Miami-Dade County to eliminate and prevent discrimination in housing based on source of income.
* * *

Section 2. Section 11A-2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 11A-2. Definitions.

The definitions set out herein shall apply to articles II, III, IV and V:

* * *

(8) Discrimination shall mean any difference, distinction or preference in treatment, access or impact because of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, >>gender identity or expression,<< sexual orientation, or source of income.

* * *

>>(22) Gender Identity or Expression shall mean having, or being perceived as having, a gender-related self-identity, self-image, appearance, expression or behavior, whether or not such gender-related characteristics differ from those associated with the person's assigned sex at birth.<<

Section 3. Section 11A-12 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
ARTICLE II. HOUSING

Sec. 11A-12. Unlawful housing practices.

(1) Discrimination in sale or rental of housing and other prohibited practices. It shall be unlawful for any person, owner, financial institution, real estate broker, real estate agent or any representative of the above to engage in any of the following acts because of race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status, familial status, >>gender identity or expression,<< [[or]] sexual orientation >>, or source of income<< of a prospective buyer, renter, lessee or any person associated with a prospective buyer, renter or lessee:

* * *

Section 4. Section 11A-13 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
[[(2)]]>>(3)<< Religious organization. Nothing in this article shall prohibit a religious organization, association, society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such person, unless that religious organization, association or society restricts membership based on race, color, national origin, ancestry, or disability. Furthermore, nothing in this article relating to unlawful housing practices based on >>gender identity or expression or<< sexual orientation shall pertain to any religious organization, association, society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.

* * *

(6) Furnishing appraisals. Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, marital status, national origin >>gender identity or expression<< [[or]] sexual orientation >>, or source of income<<.

Section 5. Section 11A-19 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
ARTICLE II. PUBLIC ACCOMMODATION

Sec. 11A-19. Unlawful public accommodations practices.
It shall be an unlawful practice for any person to engage in any of the following acts because of the race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status, familial status >>, gender identity or expression,<< or sexual orientation of any individual or of any person associated with that individual:
* * *

Section 6. Section 11A-22 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 11A-22. Exceptions to unlawful public accommodations practices.
(5) Nothing in this article shall apply with respect to a religious organization, association, society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with any such group, from limiting its goods, facilities, services, privileges or advantages to persons of the same religion or from giving preference to any such person, however, that religious organization, association or society shall not restrict membership based on race, color, national origin, ancestry, sex, pregnancy, age, marital status, familial status or disability. Furthermore, nothing in this article relating to unlawful public accommodation practices based on >>gender identity or expression or<< sexual orientation shall pertain to any religious organization, association, society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society.

* * *

Section 7. Section 11A-26 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
ARTICLE IV EMPLOYMENT

Sec. 11A-26. Unlawful employment practices.

(1) It shall be unlawful for any employer to engage in any practices described below on account of the race, color, religion, ancestry, sex, pregnancy, national origin, age, disability, marital status, familial status >>, gender identity or expression,<< or sexual orientation of any individual or any person associated with such individual:

* * *

(2) It shall be unlawful for any employment agency or company providing employees to engage in any of the practices described below on account of any individual's race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status, familial status >>, gender identity or expression,<< or sexual orientation:

* * *

(3) It shall be an unlawful employment practice for a labor organization to engage in any of the practices described below on account of any individual's race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status, familial status >>, gender identity or expression,<< or sexual orientation:

* * *

(5) Exemptions to unlawful employment practices.

(a) Notwithstanding any other provision of this article it shall not be an unlawful employment practice:

* * *

(iii) For any employer to apply different standards of compensation, or different terms, conditions, benefits, privileges of employment pursuant to a bona fide, written seniority or merit system or piece-work system or a system which measures earnings by quantity provided that such difference does not discriminate because of race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status, familial status >>, gender identity or expression,<< or sexual orientation.

(iv) For an employer or employment agency or representative of either to give or to act upon the results of any professionally validated ability test provided that such test, its administration or action upon the result is not designed, intended or used to discriminate because of race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital status >>, gender identity or expression,<< or sexual orientation.

* * *

(c) Nothing contained in this article shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this chapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, pregnancy, national origin, ancestry, age, disability, marital status, familial status >>, gender identity or expression,<< or sexual orientation of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, pregnancy, national origin, ancestry, age, disability, marital status, familial status >>, gender identity or expression,<< or sexual orientation in any community, section or other area of the county or in the available work force in any community, section or other area of the county.

Section 8. Section 11A-34 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
ARTICLE VI. - OFFICE OF FAIR EMPLOYMENT PRACTICES

Sec. 11A-34. - Declaration of policy.

(1) It has been and is the policy of Miami-Dade County to provide equal employment opportunity for all without regard to race, sex, color, national origin, religion, age, disability, ancestry, marital status, pregnancy, >>gender identity or expression,<< sexual orientation or veteran's status and to prohibit unlawful discrimination on such basis.

Section 9. Section 11A-35 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 11A-35. - Definitions.
When used herein:
(a) Affirmative action shall mean a program to ensure equal employment opportunity and treatment for all qualified individuals without regard to race, color, religion, national origin, age, disability, sex, marital status, pregnancy, veteran's status >>, gender identity or expression,<< or sexual orientation, and to every extent possible, eliminate areas of underutilization in employment of minorities, women and persons with disabilities. However, nothing in this section shall be interpreted to require the County to grant preferential treatment to any individual because of >> gender identity or expression or<< sexual orientation.

Section 10. The substantive rights that have been created and have accrued in whole or in part under Chapter 11A shall not be extinguished or in any way affected by the repeal and reenactment of Chapter 11A or by the renumbering of Chapter 11A.

Section 11. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 12. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.




1 According to the American Psychological Association “gender identity” is an individual’s sense of being either male or female, man or woman, or something other or in-between. “Gender expression” describes the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, mannerisms, speech patterns and social interactions.
2 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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