eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Volusia County
 Code of Ordinances
 Chapter 36. CIVIL RIGHTS
 Article II. EMPLOYMENT DISCRIMINATION

§ 36-26. Generally.  

Latest version.

  • (a)

    The general purpose of this article is to secure for all individuals within throughout the entirety of Volusia County the freedom from discrimination because of age, race, color, religion, national origin, disability, marital status, sex, personal gender identity or sexual orientation in connection with employment, and thereby to promote the interests, rights and privileges of said individuals.

    (b)

    Nothing in this article shall be construed to limit an employer, employment agency or labor organization from taking adverse action against an individual because of a charge of harassment against that individual, provided that rules and policies on harassment, including when adverse action is taken, are designed for, and uniformly applied to, all individuals regardless of age, race, color, religion, national origin, disability, marital status, familial status, personal gender identity or sexual orientation.

    (c)

    Nothing in this article shall be construed to establish a discriminatory practice based on sex due to the denial of access to restrooms, shower rooms, and similar facilities which are by their nature simply private, provided that the employer, employment agency or labor organization provides reasonable access to adequate facilities that are not inconsistent with the employee's actual anatomical gender as established with the employer, employment agency or labor organization by the employee. If the employee has undergone and completed gender transition surgical procedures, either before or during employment, the employee shall be allowed to use restrooms, shower rooms and similar facilities consistent with his or her transsexual status.

    (d)

    Nothing in this article shall be construed to require the construction of new or additional facilities.

    (e)

    Nothing in this article shall prohibit an employer, employment agency or labor organization from requiring an employee, during the employee's hours at work, to adhere to reasonable dress or grooming standards associated with the employee's gender or personal gender identity. If an employee's anatomical gender differs from his or her personal gender identity, the employee shall have the right to choose whether to adhere to the dress and grooming standards of his or her personal gender identity or anatomical gender.

    (f)

    Nothing in this article shall be construed to require an employer, employment agency or labor organization to treat an unmarried couple in the same manner as the employer, employment agency or labor organization treats a married couple for the purposes of employee benefits; provided, however, that nothing in this article shall be construed to prohibit an employer, employment agency or labor organization from adopting its own internal policies and rules to treat an unmarried couple in the same manner as the employer, employment agency or labor organization treats a married couple.

    (g)

    Nothing in this article shall be construed to repeal or modify any federal, state or local law creating a special right or preference concerning employment for a veteran.

(Ord. No. 2011-17, § I, 5-19-11)