ORDINANCE NO. 517-G
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 15, ARTICLE II, OF THE ST. PETERSBURG CITY CODE, ADDING SEXUAL ORIENTATION AS A PROTECTED STATUS IN HOUSING, EMPLOYMENT AND PUBLIC ACCOMMODATIONS; PROVIDING FOR A DEFINITION OF SEXUAL ORIENTATION; PROVIDING FOR NO EXEMPTIONS FOR GOVERNMENTAL ENTITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY OF ST. PETERSBURG DOES ORDAIN:

          SECTION 1.  It is the policy of the City of St. Petersburg to secure for all individuals within the City freedom from discrimination because of race, color, religion, ancestry, sex, national origin, age, handicap, place of birth or marital status.  The City of St. Petersburg recognizes that individuals  suffer significant discrimination because of their sexual orientation as well.  Therefore, it is hereby the policy of the City of St. Petersburg to also secure for individuals within the City freedom from discrimination because of their sexual orientation.
          SECTION 2.  Section 15-21 of the St. Petersburg City Code is hereby amended to read as follows:
          Sec. 15-21.  Purposes; declaration of policy.
The general purpose of this article and the policy of the City is to secure for all individuals within the City freedom from discrimination because of race, color, religion, ancestry, sex, national origin, age, handicap, place of birth, sexual orientation or marital status and thereby to protect their interest in personal dignity, to make available to the City their full productive capacities, to secure the City against domestic strife and unrest, to preserve the public safety, health and general welfare and to promote the interest, rights and privileges of individuals within the City.  It is, furthermore, recognized by the City that the furtherance of this declaration of policy will be accomplished most expeditiously at the local level rather than through the utilization of State or federal resources.
          SECTION 3.  The St. Petersburg City Code is hereby amended by amending the definition of employer and adding a new definition, Sexual Orientation, to be inserted alphabetically in Section 15-22, Definitions to read as follows:
 
          Sec. 15-22.  Definitions.
          Sexual orientation means an individual's actual or perceived heterosexuality, homosexuality, or bisexuality.  This definition is not intended to permit any practice prohibited by federal, state or local law.
 
          SECTION 4.  Subsection 15-46(b) of the St. Petersburg City Code is hereby amended to read as follows:
          Sec. 15-46.  Remedial actions includable in order.
(b)  No order of the Board shall require the admission or reinstatement of an individual as a member of a union, or the hiring, reinstatement or promotion of an individual as an employee, or the payment of any back pay, if such individual was refused admission, suspended, denied the opportunity to contract, or expelled, or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, ancestry, sex, national origin, age, handicap, place of birth, sexual orientation or marital status.
          SECTION 5.  Subsection 15-66(a)(2) of the St. Petersburg City Code is hereby amended to read as follows:
 
          Sec. 15-66.  Generally.
     (a)  The general purposes of this part are:
     (2)  To secure for all individuals within the City of St. Petersburg the freedom from discrimination because of race, color, religion, national origin, sex, familial status, sexual orientation or handicap in connection with housing, and thereby to promote the interests, rights and privileges of individuals within the City.

          SECTION 6.  Subsections 15-67(a), 15-67(b), and 15-67(d) of the St. Petersburg City Code are hereby amended to read as follows:
          Sec. 15-67.  Discrimination in real estate transactions and practices.
     (a)  Unlawful discriminatory housing practices. It shall be unlawful and a discriminatory practice because of race, color, religion, sex, familial status, sexual orientation or national origin.
     (b)  Discrimination in residential real estate--Related transactions.  It shall be unlawful and discriminatory practice for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, sexual orientation or national origin.
 
     (d)  Discrimination in brokerage services.  A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation, on the basis of race, color, religion, national origin, sex, familial status, sexual orientation, or handicap.
          SECTION 7.  Section 15-81 of the St. Petersburg City Code is hereby amended to read as follows:
          Sec. 15-81.  Unlawful practices.
It shall be an unlawful discriminatory practice to discriminate or separate on the basis of race, color, religion, ancestry, national origin, marital status, age, sex, handicap, sexual orientation or place of birth, any place of public accommodation in the City.
          SECTION 8.  Section 15-96 of the St. Petersburg City Code is hereby amended to read as follows:
          Sec. 15-96.  Unlawful practices.
(a)  Employers.  It shall be an unlawful discriminatory practice for an employer to do any of the following:
     (1)  To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to that individual's compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, ancestry, handicap, marital status,  sexual orientation, place of birth, age, sex or national origin.
     (2)  To limit, segregate or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect that individual's status as an employee, because of such individual's race, color, religion, ancestry, handicap, marital status, sexual orientation, place of birth, age, sex or national origin.
(b)  Employment agencies.  It shall be an unlawful discriminatory practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of that individual's race, color, religion, ancestry, handicap, marital status, place of birth, age, sex or national origin; or to classify or refer for employment any individual on the basis of race, color, religion, ancestry, national origin, age, sex, handicap, marital status, sexual orientation or place of birth.
(c)  Labor organizations.  It shall be an unlawful discriminatory practice for a labor organization to do any of the following:
     (1)  To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of that individual's race, color, religion, ancestry, handicap, marital status, sexual orientation, place of birth, age, sex or national origin.
     (2)  To limit, segregate or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect that individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, ancestry, handicap, marital status, sexual orientation, place of birth, age, sex or national origin.
(d)  Apprenticeship, training programs.  It shall be an unlawful employment practice for:
     (1)  Any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining program including on-the-job training programs to discriminate against any individual because of that individual's race, color, religion, ancestry, handicap, marital status,  sexual orientation, place of birth, age, sex or national origin, in admission to or employment in any program established to provide apprenticeship or other training.
     (2)  An employer to discriminate against any employee or applicant for employment, for an employment agency or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because that individual has opposed any practice, made an unlawful discriminatory practice by this division, or because that individual has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this article.
     (3)  An employer, labor organization, employment agency or joint labor-management committee controlling apprenticeship or other training or retraining including on-the-job training programs, to print, publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency or relating to admission to or employment in any program established to provide apprenticeship or other training by such a joint labor-management committee, indicating any preference, limitation, specification or discrimination based on race, color, religion, ancestry, handicap, marital status, sexual orientation,  place of birth, age, sex or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, place of birth, ancestry, sex or national origin when religion, sex, place of birth, national origin or ancestry is a bona fide occupational qualification for employment.
          SECTION 9.  Subsections 15-97(c) and 15-97(d) of the St. Petersburg City Code are hereby amended to read as follows:
          Sec. 15-97.  Limitations and exemptions.
(c)  Notwithstanding any other provision of this article:
     (1)  It shall not be an unlawful discriminatory practice for any employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, ancestry, age, sex, handicap,  sexual orientation, place of birth, marital status or national origin.
     (2)  It shall not be an unlawful discriminatory practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, ancestry, handicap, marital status,  sexual orientation, place of birth, age, sex or national origin.
(d)  Nothing contained in this division shall be interpreted to require any employer, employment agency, labor organization or joint labor-management committee subject to this division to grant preferential treatment to any individual or to any group because of the race, color, religion, ancestry, handicap, marital status,  sexual orientation, place of birth, age, sex or national origin 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, ancestry, handicap, marital status, place of birth, age, sex or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified in any labor organization, or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, ancestry, handicap, marital status,  sexual orientation, place of birth, age, sex or national origin in any community, state, section or any other area, or in the available work force in any community, state, section or other area.
          SECTION 10.  Language which is underlined represents additions to, and language which is struck through represents deletions from, the sections which are amended by this ordinance.
          SECTION 11.  The provisions of this Ordinance shall be deemed severable.  The unconstitutionality or invalidity of any word, sentence or portion of this ordinance shall not affect the validity of the remaining portions.
          SECTION 12.  In the event this ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective upon the expiration of the fifth business day after adoption unless the Mayor notifies the City Council through written notice filed with the City Clerk that the Mayor will not veto the ordinance, in which case the ordinance shall become effective immediately upon filing such written notice with the City Clerk.  In the event this ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to override the veto.
 

          First reading conducted on the 20th day of December, 2001.
          Passed by St. Petersburg City Council on second and final reading on the 3rd of day of January, 2002.
 
                              _________________________________
                                   Chair-Councilmember
                                Presiding Officer of the City Council
ATTEST:_____________________________
               City Clerk
Title Published: Times 1-t 12/24/2001