§ 11A-2. Definitions.

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

(1)

Age shall mean the chronological age of any individual who is 18 years or older.

(2)

Commission shall mean the Miami-Dade County Commission on Human Rights or its successor.

(3)

Complaint shall mean any written allegation of a discriminatory act or practice prohibited by this chapter.

(4)

Complainant shall mean any person or persons alleging a discriminatory act or practice prohibited by this chapter that has occurred or is about to occur and who has filed a written complaint.

(5)

Conciliation Agreement shall mean a written agreement resolving or otherwise disposing of a complaint and which is entered into by the parties and the Director prior to a hearing in front of the board.

(6)

County shall mean Miami-Dade County.

(7)

Director shall mean the Director of the Miami-Dade County Commission on Human Rights or his or her designee.

(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, gender expression, sexual orientation, source of income, or actual or perceived status as a victim of domestic violence, dating violence or stalking.

(9)

Familial status is established when:

(a)

An individual who has not attained the age of eighteen (18) years is domiciled with a parent or other person having legal custody of such individual; or

(b)

An individual who has not attained the age of eighteen (18) years is domiciled with a designee of a parent or other person having legal custody of such individual with the written permission of such parent or other person; or

(c)

An individual becomes pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

(10)

Family shall include a single individual.

(11)

Finding related to probable cause shall mean the conclusion reached by the Director after completion of an investigation as to whether or not the discriminatory act or practice alleged in the complaint occurred and shall consist of the final investigative report and recommended order.

(12)

Gender identity shall mean a person's innate, deeply felt psychological identification as a man, woman or some other gender, which may or may not correspond to the sex assigned to them at birth (e.g., the sex listed on their birth certificate).

(13)

Gender expression shall mean all of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions. Social or cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine or neutral in one culture may not be assessed similarly in another.

(14)

Marital status shall mean the state of being married, unmarried, single, divorced, separated or widowed, and the conditions that may be associated therewith, including pregnancy or parenthood.

(15)

National origin shall include citizenship status, ancestry, place of birth, and language characteristics thereof.

(16)

Person shall mean one (1) or more natural persons, individuals, employees, employers, employment agencies, owners, businesses, government, government agencies, government departments, unions, joint apprenticeship committees, firms, associations, joint ventures, partnerships, estates, trusts, trustees, trustees in bankruptcy, legal representative, mutual companies, joint-stock companies, receivers, syndicates, fiduciaries, corporations, unincorporated organizations, and all other groups or combinations.

(17)

Person with a disability :

(a)

"Person with a disability" shall mean:

(i)

An individual with a physical or mental impairment which substantially limits one (1) or more of that individual's major life activities;

(ii)

An individual who has a record of such impairment; or

(iii)

An individual who is perceived or regarded as having such an impairment.

(b)

"Physical or mental impairment" shall include:

(i)

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one (1) or more of the following body systems: neurological, musculo-skeletal, special sense organs, cardiovascular, reproductive, digestive, genitourinary, hemic or lymphatic, skin, and endocrine;

(ii)

Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or

(iii)

Any degree of paralysis, epilepsy, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness, speech impediment or persons who rely upon a seeing eye dog, wheelchair or other remedial method, appliance or device.

(c)

"Major life activities" shall include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, learning and working.

(d)

A "record of such impairment" shall include having a history of, or having been misclassified as having a history of, physical or mental impairment which substantially limits one (1) or more major life activities.

(e)

"Individual who is perceived as or regarded as having a disability" shall mean any individual who:

(i)

Has a physical or mental impairment that does not substantially limit one (1) or more major life activities but such impairment is treated by others as constituting such a limitation;

(ii)

Has a physical or mental disability that substantially limits one (1) or more major life activities only as a result of the attitude of others toward such impairment; or

(iii)

Has no impairment defined in this subsection but is treated by another as having such an impairment.

(f)

"Disability" does not include current, illegal use of or addiction to a controlled substance as defined in Chapter 893, Florida Statutes, as amended.

(18)

Religion shall mean any belief protected by the free exercise clause of the First Amendment of the United States Constitution.

(19)

Respondent shall mean person or persons alleged to have engaged in a discriminatory act or practice prohibited by this chapter.

(20)

Sexual orientation shall mean heterosexuality, homosexuality or bisexuality whether such orientation is real or perceived.

(21)

Mediation shall mean an informal conference held with a neutral third party to help the parties resolve their disputes prior to the investigation of the complaint, or at any time during the investigation of the complaint.

(22)

Hearing officer shall mean an employee of the Division of Administrative Hearings within the State of Florida, Department of Administration, employed to conduct hearings pursuant to F.S. chapter 120, or other person selected by the Chairperson of the Commission on Human Rights, or his or her designee, to conduct a hearing pursuant to this chapter from a pool of hearing officers, who are members of the Florida Bar in good standing. The hearing officers shall serve for a term of two (2) years and shall not be entitled to compensation; however, they shall receive reimbursement for parking in county garages and for mileage for any hearing-related business. Such reimbursement shall be consistent with County policy.

(23)

Prevailing party shall have the same meaning as such term has in section 722 of the Revised Statutes of the United States (42 U.S.C. 1988).

(24)

Victim of domestic violence shall mean a person who has been subjected to acts or threats of violence, not including acts of self defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.

(25)

Victim of dating violence shall mean a person who has or had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

(a)

A dating relationship must have existed within the past six (6) months;

(b)

The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and

(c)

The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

(26)

Victim of stalking shall mean a victim of acts which constitute are deemed under Florida Law to be willful, malicious, and repeated following, harassing, or cyber stalking of another person, and/or the making of a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent.

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 98-170, § 1, 12-1-98; Ord. No. 06-179, § 2, 12-5-06; Ord. No. 09-53, § 2, 6-30-09; Ord. No. 13-83, § 5, 9-17-13; Ord. No. 14-118, § 1, 12-2-14; Ord. No. 14-113, § 2, 11-5-14; Ord. No. 17-102, § 1, 12-5-17)