§ 36-2. Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where context clearly indicates a different meaning or a different meaning is given under another article or chapter:

Age shall mean chronological age greater than or equal to 18 years.

Aggrieved individual shall mean any individual who claims to have been the victim of a discriminatory practice.

Asexuality shall mean a person's lack of romantic or sexual attraction to either gender.

Bisexuality shall mean a person's disposition to be attracted, whether sexually or romantically, to either gender, as well as an individual's sense of personal and social identity based on those attractions, the behaviors utilized in expressing them, and membership in a community of others sharing such attractions.

Compensation and terms, conditions, or privileges of employment are used interchangeably and shall encompass all employee benefits, including such benefits provided pursuant to a bona fide employee benefit plan.

Conciliation agreement shall mean an agreement entered into between an aggrieved individual and a respondent resolving the alleged discriminatory practice and which may require the respondent to take affirmative action and to refrain from committing a discriminatory practice.

Council shall mean Volusia County Council.

Covered multifamily dwelling shall mean: (i) a building which consists of four or more units and has an elevator; or (ii) the ground floor of a building which consists of four or more units and does not have an elevator.

Disability, with respect to an individual, shall mean: (i) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (ii) a record of impairment that substantially limits one or more of the life activities of such individual; (iii) being regarded as having an impairment that substantially limits one or more of the major life activities of such individual; (iv) having a developmental disability as defined in F.S. § 393.063(9), (2010), or as such section may thereafter be amended.

Discriminatory practice shall mean any practice or act applied by a person or entity to an individual in a manner which is prohibited by this chapter.

Dwelling shall mean any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on the land of any such building or structure, or portion thereof.

Employee shall mean an individual employed by an employer.

Employer shall mean any person who has five or more employees for each working day in each of four or more calendar weeks in the current or preceding calendar year, and any such agent of such a person.

Employment agency shall mean any person regularly undertaking, 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.

Familial status shall mean an individual's status established when such individual who has not attained the age of 18 years is domiciled with: (i) a parent or other individual having legal custody of such individual; or (ii) a designee of a parent or other individual having legal custody, with written permission of such parent or other individual. 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 18 years.

Family shall include a single individual.

FCHR shall mean Florida Commission on Human Relations or any of its successor organizations.

Gender shall mean person's anatomical sex, whether it be their assigned sex at birth or transgender post-operative sex. The term "sex" and "gender" shall be used interchangeably in this chapter.

Heterosexuality includes but is not limited to, an enduring pattern of or disposition to experience sexual or romantic attractions primarily or exclusively to people of the opposite sex, as well as an individual's sense of personal and social identity based on those attractions, the behaviors utilized in expressing them, and membership in a community of others sharing such attractions.

Homosexuality includes but is not limited to, an enduring pattern of or disposition to experience sexual or romantic attractions primarily or exclusively to people of the same sex as well as an individual's sense of personal and social identity based on those attractions, the behaviors utilized in expressing them, and membership in a community of others sharing such attractions.

Labor organization shall mean any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employment.

Lending institution shall mean any bank, insurance company, savings and loan association or any other person or organization regularly engaged in the business of lending money, guaranteeing loans, or sources of credit information, including but not limited to credit bureaus.

Marital status shall mean an individual's status of being married, separated, or unmarried, including being single, divorced or widowed.

National origin shall mean the national origin of an ancestor or the country of origin of an individual's forebears, naturally, by marriage, or by adoption.

Operator shall mean and include any owner, lessee, proprietor, manager, superintendent, agent, or occupant of a place of accommodation or an employee or independent contractor of any such person.

Person shall mean and include an individual association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, fiduciary, trustee in bankruptcy, unincorporated organization of any other legal or commercial entity; provided, however, a person shall not mean or include any federal, state, or local government or publicly funded educational entity, or any agency or unit of such entities to which the absolute protection of sovereign immunity extends.

Personal gender identity shall mean an individual's self-identified perception as a member of a particular gender, or an individual's sense of personal and social belonging to that gender. Gender-related expression, appearance, or behavior shall be determinative with regard to personal gender identity. An individual's assigned sex at birth shall not be determinative with regard to personal gender identity.

Public accommodation shall mean a place of accommodation owned or operated by a person including, but not limited to, lodgings, facilities principally engaged in selling food for consumption on the premises, gasoline stations, places of exhibition or entertainment, and other covered establishments. Each of the following establishments owned or operated by a person and which serve the public is a place of public accommodation within the meaning of this section:

(1)

Any inn, hotel, motel, resort or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than four rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his or her residence;

(2)

Any restaurant, lunch counter, buffet or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station;

(3)

Any tavern, bar, liquor lounge, package store or other facility holding a license for the sale of alcoholic beverages issued by the division of alcoholic beverages and tobacco of the department of business and professional regulation of the state, and which serves or which holds itself out as serving the general public;

(4)

Any pool or billiard hall, bowling alley, motion picture house, theater, concert hall, sports arena, place of amusement, skating rink, amusement park, golf courses, swimming pool, or other place of exhibition or entertainment;

(5)

A gasoline station, retail establishment, convenience store, beauty parlor, barbershop, styling salon or laundries;

(6)

Facilities, or portions of facilities, when open to the general public, including, but not limited to hospitals or nurseries;

(7)

Any transportation conveyance open to the general public, including, but not limited to, taxis, limousines, trains and buses;

(8)

Any professional office, generally open to the public, such as those of attorneys, physicians, dentists, architects or accountants;

(9)

Any establishment which is physically located within the premises of any establishment otherwise covered by this section, or within the premises of which is physically located in any such covered establishment, and which holds itself out as serving patrons of such covered establishment.

Religion shall include all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he 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.

Religious organization shall include a religious corporation, association or society.

Sexual orientation shall mean an individual's actual or perceived heterosexuality, homosexuality, bisexuality or asexuality.

To rent shall include to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

Transgender shall mean a person whose personal gender identity, expression, or behaviors are not traditionally associated with their assigned sex at birth. A transgender person has not undergone surgery to modify their assigned sex at birth.

Transsexual shall mean a person of a given birth gender who has undergone surgery to modify their genitalia to conform, to the extent possible by current medical practices, with the genitalia of the opposite gender, and subsequently adopts a personal gender identity consistent with the primary sexual characteristics sought in the surgery.

Transvestite shall mean a transgender person as that term is defined herein.

(Ord. No. 2011-17, § I, 5-19-11)