DISCRIMINATION IN EMPLOYMENT

Jacksonville Ordinance Code tit. XI, ch. 402, pt. 2

in effect

Jacksonville Ordinance Code § 402.201 Employees.

Sec. 402.201. - Employees. Except as provided in Section 402.208, it is an unlawful employment practice for an employer: (a) To fail or refuse to hire, to discharge or otherwise to discriminate against an individual with respect to compensation or the terms, conditions or privileges of employment because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (b) To limit, segregate or classify employees or applicants in a way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status of an employee or applicant because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (c) To refuse to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or (d) To deny employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant; (e) To use qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and (f) To fail to select and administer tests concerning employment in the most effective manner to ensure that when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure). (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.202 Employment agencies.

Sec. 402.202. - Employment agencies. Except as provided in Section 402.208, it is an unlawful employment practice for an employment agency: (a) To fail or refuse to refer for employment or otherwise to discriminate against an individual because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (b) To classify or refer for employment an individual on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.203 Labor organizations.

Sec. 402.203. - Labor organizations. Except as provided in Section 402.208, it is an unlawful employment practice for a labor organization: (a) To exclude or to expel from membership or otherwise to discriminate against a member or applicant for membership because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (b) To limit, segregate or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment an individual otherwise qualified for membership in a way which would: (1) Deprive an individual of employment opportunities; or (2) Limit the employment opportunities or otherwise adversely affect the status of an employee or of an applicant for employment; Because of race, color, religion, national origin, sex, sexual orientation, gender identity, marital status, age or disability. (c) To cause or attempt to cause an employer to discriminate against an individual in violation of this Chapter. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.204 Training programs.

Sec. 402.204. - Training programs. Except as provided in Section 402.208, it is an unlawful employment practice for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training, programs to discriminate against an individual because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability in admission to or employment in a program established to provide apprenticeship or other training. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.205 Medical examinations and inquiries.

Sec. 402.205. - Medical examinations and inquiries. (a) In general. The prohibition against unlawful employment practices as referred to in Section 402.201 of this Chapter shall include medical examinations and inquiries. (b) Pre-employment. (1) Prohibited examination or inquiry. Except as provided in paragraph (3), an employer shall not conduct a medical examination or make inquires of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability. (2) Acceptable inquiry. An employer may make pre-employment inquiries into the ability of an applicant to perform job-related functions. (c) Employment entrance examination. An employer may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if: (1) All entering employees are subjected to such an examination regardless of disability; (2) The information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that: (i) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. (ii) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (iii) Government officials investigating compliance with this Chapter shall be provided with relevant information on request; and (3) The results of such examination are used only in accordance with this Subchapter. (d) Examination and inquiry. (1) Prohibited examinations and inquiry. An employer shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination is shown to be job-related and consistent with business necessity. (2) Acceptable examinations and inquiries. A covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions. (3) Requirement. Information obtained under subparagraph (2) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (2) and (3) of paragraph (c). (Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.206 Other discriminatory practices.

Sec. 402.206. - Other discriminatory practices. It is an unlawful employment practice for 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 or publish or cause to be printed or published a notice or advertisement: (a) Relating to employment by the employer or membership in or a classification or referral for employment by the labor organization; or (b) Relating to a classification or referral for employment by the employment agency; or (c) Relating to admission to or employment in a program established to provide apprenticeship or other training by the joint labor-management committee; Indicating in any of these areas a preference, limitation, specification or discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; provided, that a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity, marital status or national origin when the factor or qualification is a bona fide occupational qualification for employment. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.207 Discrimination because of participation under this Chapter.

Sec. 402.207. - Discrimination because of participation under this Chapter. It is an unlawful employment practice for an employer to discriminate against an employee or applicant, 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 an individual or for a labor organization to discriminate against a member or applicant for membership because the individual has made a charge or testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Chapter. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.208 Defenses.

Sec. 402.208. - Defenses. (a) In general. It may be a defense to a charge of discrimination under this Chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this Subchapter. (b) Qualification standards. The term "qualification standards" may include a requirement that an individual shall not pose a direct threat in the health or safety of other individuals in the workplace. (Ord. 1999-1117-E, § 1)

Jacksonville Ordinance Code § 402.209 Limitations and exemptions.

Sec. 402.209. - Limitations and exemptions. (a) This Part 2 does not apply to: A religious organization, as defined by this Chapter, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the religious organization of its religious activities. (b) Nothing herein shall prohibit an employer from providing single-sex restrooms, locker rooms, shower facilities, bath houses, health spas, dormitories, lodging facilities and similar facilities that are by their nature distinctly private for its employees. (c) Nothing herein shall prohibit an employer from establishing and enforcing a dress code for its employees, provided that such dress code shall not be based upon sex stereotypes. (d) With regard to discrimination based on sexual orientation or gender identity, this Part 2 shall not apply with regard to any action of, or decision made by, a religious organization as defined in this Chapter. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2004-699-E, § 10; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.210 Exceptions.

Sec. 402.210. - Exceptions. It is not an unlawful employment practice: (a) For an employer to hire and employ an employee, for an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or to refer for employment an individual or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ an individual in the program on the basis of religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability where religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business enterprise. (b) For a school, college, university or other educational institution to hire and employ an employee of a particular religion if the school, college, university or other educational institution is, in whole or substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society or if the curriculum of the school, college, university or other educational institution is directed toward the propagation of a particular religion. (c) For an employer to fail or refuse to hire and employ an individual for a position, for an employer to discharge an individual from a position, for an employment agency to fail or refuse to refer an individual for employment in a position or for a labor organization to fail or refuse to refer an individual for employment in a position if: (1) The occupancy of the position or access to the premises in or upon which a part of the duties of the position is performed or is to be performed is subject to a requirement imposed in the interest of the national security of the United States under a security program in effect pursuant to or administered under a statute of the United States or an executive order of the President; and (2) The individual has not fulfilled or has ceased to fulfill that requirement. (d) For an employer to terminate, discharge or lay off an employee because the employee was convicted under Section 402.402 of filing a malicious complaint against the employer. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.211 Seniority or merit systems.

Sec. 402.211. - Seniority or merit systems. Notwithstanding any other provisions of this Part, it is not an unlawful employment practice for an employer: (a) 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 earning by quantity or quality or production or to employees who work in different locations, if the differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (b) To give and act upon the results of a professionally developed ability test if the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, age or disability. (c) To differentiate upon the basis of sex in determining the amount of wages or compensation paid or to be paid to employees of the employer if the differentiation is authorized by the provisions of Section 6(d) of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 206(d)]. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1; Ord. 2017-15-E, § 2; Ord. 2020-244-E, § 3)

Jacksonville Ordinance Code § 402.212 Reserved.

Jacksonville Ordinance Code § 402.213 General unlawful employment practices.

Sec. 402.213. - General unlawful employment practices. Notwithstanding that no immediate business or professional relationship exists between the persons involved, it is an unlawful employment practice for a person: (a) To retaliate or discriminate in any manner against a person because the latter has opposed an unlawful employment practice under this Part or because the person has made a charge or testified, assisted or participated in a manner in an investigation, proceeding or hearing under this Chapter. (b) To aid, abet, incite, compel or coerce a person to engage in an unlawful employment practice under this Part or to prevent a person from complying with the provisions of this Chapter or an order of the Commission issued hereunder. (c) By canvassing, to commit or engage in an unlawful employment practice under this Part. (Ord. 78-633-626, § 1; Ord. 83-591-400, § 1; Ord. 1999-1117-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIEQOP_CH402EQEMOP_PT2DIEMFetched: 10/27/2026