title
ANTI-DISCRIMINATION - GENDER IDENTITY (B)
Ordinance No. 0-07-88
An ordinance of the City of Gainesville, Florida, amending Chapter 8 of the Gainesville Code of Ordinances, relating to discrimination; defining gender identity and readily achievable; adding gender identity as a class protected against discrimination in Article I, In General, Article II, Human Rights Board, Article III, Equal Employment Opportunity, Article IV, Equal Access to Places of Public Accommodation; Article V, Fair Housing, and Article VI, Equal Credit Opportunity; amending sections 8-49 (Employment), 8-69 (Public accommodations), 8-94 (Fair housing) to provide exceptions regarding discrimination on the basis of gender identity, relating to access to, and use of, certain facilities such as shower rooms and dressing rooms, in covered facilities; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
CLERK'S NOTE: It is anticipated that the City Commission will waive its Rules to hear this item at 8:30 PM.
explanation
The City Commission at its meeting on September 10, 2007, authorized the City Attorney to prepare and the Clerk of the Commission to advertise an ordinance adding gender identity to the list of protected classes against whom discrimination in employment, public accommodation, housing practices and credit opportunities is prohibited by Chapter 8 of the Code of Ordinances. Gender identity, as defined in the proposed ordinance, means "an inner sense of being a specific gender, or the expression of a gender identity by verbal statement, appearance, or mannerisms, or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth."
The general procedures and prohibitions of Chapter 8 would apply to discrimination on the basis of gender identity as it would to discrimination on the basis of other protected classes. The general exceptions applicable to other protected classes would also apply to claims of discrimination based on gender identity. Prohibitions against discrimination on the basis of gender identity would not apply in the case of the employment, public accommodations, or housing related practices of religious institutions.
Further exceptions would generally apply in the case of certain shared facilities. Under certain conditions, it would not be an unlawful practice, based upon actual or perceived gender identity, to deny access to a shared shower or dressing facility in which being seen fully unclothed is unavoidable. Denial of access to such facilities would be permitted if the covered entity provided reasonable access to adequate facilities that are not inconsistent with the person's gender identity, as established with the entity at the time of initial access, or upon notification to the entity that the individual has undergone or is undergoing gender transition, whichever is later. Furthermore, the obligation to provide reasonable access to other adequate facilities is required only where this is "readily achievable." Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether providing reasonable access to adequate facilities would be readily achievable, a number of factors would be considered. Provision of "unisex," single-occupancy shower stalls or dressing areas would be deemed providing reasonable access.
The initial recommendation of the Equal Opportunity Committee regarding requiring alternative facilities in new construction was subsequently determined to be more stringent than the Florida Building Code. Upon reconsideration, the Equal Opportunity Committee determined it would be better to not impose specific additional requirements on new construction at this time. Thus, for both existing and future covered entities, denial of access to shared dressing and shower facilities, where being seen fully unclothed is unavoidable, would be permitted, without the need to provide alternative facilities, if providing alternative facilities involved much difficulty or expense.
This ordinance requires two public hearings. If adopted on first reading, second and final reading of the ordinance is scheduled for Monday, January 28, 2008.