Loading...
Ordinance 2022-4517 ORDINANCE NO. 2022-4517 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 62-31 THEREOF, ENTITLED "DEFINITIONS," SECTION 62-33 THEREOF, ENTITLED "PURPOSE; DECLARATION OF POLICY,"AND SECTION 62-37 THEREOF, ENTITLED "DUTIES AND POWERS;" AND BY AMENDING DIVISION 3, ENTITLED "REGULATIONS," BY AMENDING SECTION 62-86 THEREOF, ENTITLED "DISCRIMINATION IN EMPLOYMENT," SECTION 62-88.1 THEREOF, ENTITLED "DISCRIMINATION IN PUBLIC SERVICES," SECTION 62-90 THEREOF, ENTITLED "USE OF MUNICIPAL FACILITIES,"AND SECTION 62-91 THEREOF, ENTITLED "MUNICIPAL FUNDS; AND BY AMENDING DIVISION 4, ENTITLED "EXCEPTIONS," BY AMENDING SECTION 62-111 THEREOF, ENTITLED "EMPLOYMENT," AND BY AMENDING SECTION 61-112 THEREOF, ENTITLED "HOUSING," TO CREATE AN ADDITIONAL PROTECTED CLASSIFICATION CATEGORY IN ORDER TO PROHIBIT DISCRIMINATION BASED UPON A PERSON'S HAIR TEXTURE OR HAIRSTYLE IF SUCH TEXTURE OR STYLE IS COMMONLY ASSOCIATED WITH A PARTICULAR RACE OR NATIONAL ORIGIN; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on April 12, 2021, the City's Human Rights Advisory Committee unanimously requested the City to amend its Human Rights Ordinance to prohibit discrimination based on natural hairstyles and textures, as referenced in the attached LTC No. 188-2021; and WHEREAS, throughout United States history, society has used (in conjunction with skin color) hair texture and hairstyle to classify individuals on the basis of race, and like one's skin color, one's hair has served as a basis of race and national origin discrimination; and WHEREAS, racial and national origin discrimination can often occur because of longstanding racial and national origin biases and stereotypes associated with hair texture and style; and WHEREAS, for example, routinely, people of African descent are deprived of educational and employment opportunities because they are adorned with natural or protective hairstyles in which hair is tightly coiled or tightly curled, or worn in locs, cornrows, twists, braids, Bantu knots, or Afros; and WHEREAS, as recently as 2018, the United States Armed Forces had grooming policies that barred natural or protective hairstyles that servicewomen of African descent commonly wear and that described these hairstyles as "unkempt," which policies were later rescinded due to the recognition that this description perpetuated derogatory racial stereotypes; and WHEREAS, however, some courts have interpreted federal and state civil rights law by narrowly interpreting the meaning of race, or national origin, and thereby leading employers, school administrators, and other entities to discriminate against people of African descent who wear natural or protective hairstyles even though the employment policies involved are not related to workers' ability to perform their jobs; and WHEREAS, this narrow interpretation of race or national origin has resulted in a lack of federal civil rights protection for individuals who are discriminated against on the basis of characteristics that are commonly associated with race and national origin; and WHEREAS, consequently, state legislatures, including California, New York, New Jersey, Virginia, Maryland, Washington, and Colorado, and municipal bodies throughout the United States, have introduced and passed legislation that expressly classifies race and national origin discrimination as inclusive of discrimination on the basis of natural or protective hairstyles commonly associated with race and national origin; and WHEREAS,the purpose of the City's Human Rights Ordinance is to prevent discrimination against any individual(s) for any basis articulated in Section 62-33 of the City Code, because of such individual's actual or perceived classification category; and WHEREAS, the City of Miami Beach prides itself on being a diverse community and a leader in adopting policies of inclusiveness, and has demonstrated a long history of opposing discrimination based upon race, ethnicity, ancestry, or national origin; and WHEREAS, as such, the City has an important governmental interest in protecting its residents and visitors with a hair texture or hairstyle commonly associated with a particular race or national origin, and providing them with legal protections under the City Code; and WHEREAS, it is the desire of the Miami Beach City Commission to prohibit discrimination on any basis articulated in Section 62-33, including individual's hair texture or hairstyle, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That those Sections of the City's Human Relations Ordinance, as such Ordinance is codified in Sections 62-31, 62-33, 62-37, 62-86, 62-88.1, 62-90, 62-91, 62-111, and 62-112 of the City Code, be amended as follows and as hereinafter set forth below: CHAPTER 62 HUMAN RELATIONS ARTICLE II. DISCRIMINATION * * * DIVISION 1. GENERALLY * * * 2 Sec. 62-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means that person appointed pursuant to subsection 62-56(a). Age means the chronological age of any individual who is 18 years or older. Ancestry means a person's family or ethnic descent or the origin and background surrounding a person's genealogical lineage. Classification category means each category_by which discrimination is prohibited as set forth within section 62-33. These categories are as follows: race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, age, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, and political affiliation. Committee means the City of Miami Beach Human Rights Committee. Disability. Disabled persons are persons who: (1) Have a physical or mental impairment that substantially limits one or more of such person's major life activities. a. Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. b. Qualified, with respect to employment, means such individual can perform the essential functions of the job in question with reasonable accommodations, and with respect to public services means an individual who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the city. c. Substantially limited means likely to experience difficulty in securing, retaining or advancing in employment because of a disability. Discriminatory practice means an intentional act that is unlawful and prohibited. Domestic partnership status means the presence or absence of a domestic partnership and include the state of being in a domestic partnership, separated, or not in a domestic partner relationship. In this context, the term "separated" includes persons who have previously been a part of a domestic partnership. Employee means a person employed by or seeking employment from an employer. It does not include any person employed by parents, a spouse or child. Employer means any person or entity who hat.; having five or more employees, in each of four or more calendar weeks in the current calendar year, and any agent of such person. Entity includes "employee," "employer," and "person." Familial situation means the state of a person's being raised by, or currently living with, a certain number of biological parents, or by a non-biological parent or parents, or without parents, or by any individual or group of individuals who is protected by this chapter. Familial status means one or more individuals who have not attained the age of 18 years being domiciled with: (1) A parent or another person having legal custody of such individual or individuals; or 3 (2) The designee of such parent or other person having custody,with the written permission of such parent or other person. Family means one or more individuals living as a single housekeeping unit. Gender identity includes actual or perceived sex, and shall also include a person's gender identity, self-image, appearance, expression or behavior,whether or not that gender identity, self- image, appearance, expression or behavior is different from that traditionally associated with the sex assigned to that person at birth. Hair texture and/or hairstyle means an individual's hair texture or hairstyle, if that hair texture or hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros). Height means a numerical measurement from base to top of a human person, but includes an expression of that measurement in relation to weight, or an individual's unique physical composition through body size, shape, and proportions. Housing or housing accommodations means any building, structure or portion thereof, or other facility occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof, mobile home, trailer or other facility. However, nothing in this article shall apply to rooms or units in housing containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. Independent contractor or worker means a person or entity contracted to perform work for, or provide services to, another entity as a nonemployee. Interested party means the person filing a complaint or the person against whom a complaint has been filed. • Intersexuality means the condition of either having both male and female gonadal tissue in one individual or of having the gonads of one sex and external genitalia that is of the other sex or is ambiguous. Labor organization membership means the presence or absence of a person's status either as a member or non-member, regarding any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Marital status means the presence or absence of a marital relationship and includes the state of being married, separated, or unmarried. The term "unmarried" includes persons who are single, divorced or widowed. Mediation agreement means a written'agreement entered into between a complainant and respondent setting forth the resolution of the issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the mediator. Mediator means that person appointed pursuant to section 62-63. National origin means the origin of an ancestor, the country of origin of a person's forbearer, naturally, by marriage or by adoption. Owner means any person, including, but not limited to, a lessee, sublessee, assignee, manager or agent, and also including the city and its departments or other subunits, having the right of ownership or possession or the authority to sell or lease any real property. 4 Person means one or more individuals, partnerships, associations, political subdivisions, labor unions, organizations, cooperatives, mutual companies, joint-stock companies, unincorporated organizations, trusts, trustees, or receivers, legal representatives, for-profit and not-for-profit associations and corporations, and business associations of whatever kind including, without limitation, general partnerships, limited liability partnerships, 'corporations, limited liability companies, business trusts, and joint ventures. Political affiliation means ideological support of or opposition to, membership in, or donation of value to an organization or person which is engaged in supporting or opposing candidates for public office or influencing or lobbying any incumbent holder of public office on any single or number of issues which may be before any governmental branch. Public accommodations means any retail establishment, an inn, hotel, motel or other establishment providing lodging to transient guests, other than an establishment located within a building containing not more than five rooms for rent or hire and is actually occupied by the proprietor of such establishment as his residence; any restaurant, cafeteria, lunchroom, lunch counter, soda fountain or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station; any bar, lounge, nightclub or other facility principally engaged in selling alcoholic beverages for consumption on the premises or any facility principally engaged in selling both food and alcoholic beverages for consumption on the premises; any motion picture house, theater, concert hall, convention hall, or other place of exhibition of entertainment; and any establishment physically located within the premises of any establishment otherwise covered by this article or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment. Public services means services, programs, or activities of the city. Real property means any land, buildings, fixtures, and all other improvements to land. The terms "land", "real estate," "realty" and "real property" may be used interchangeably. Rent means to lease, sublease, assign, let or otherwise grant for a consideration the right to occupy premises not owned by the occupant. Respondent means any person against whom a complaint is filed pursuant to this article. Sale includes any contract to sell, exchange, convey, transfer or assign legal or equitable title to, or a beneficial interest in, real property. Sex means male or female gender, and includes pregnancy, child birth, or medical conditions related to pregnancy or child birth. Sexual orientation means actual or perceived heterosexuality, homosexuality, or bisexuality. Weight means a numerical measurement of a human body's relative mass or the quantity of matter contained by it, giving rise to downward force, or an individual's unique physical composition through body size, shape, and proportions, and may be influenced by another person's impression of that individual as fat or thin, regardless of the numerical measurement. Sec. 62-33. Purpose; declaration of policy. In the city, with its cosmopolitan population consisting of people of every race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age, some of them who are disabled as defined under section 62-31 hereof, there is no greater danger to the health, morals, safety and welfare of the city and its inhabitants than the 5 existence of prejudice against one another and antagonistic to each other because of actual or perceived differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. The city finds and declares that prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic society. The general purpose of this article and the policy of the city, in keeping with the laws of the United States of America and the spirit of the state constitution, is to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain employment, housing and public accommodations of the person's choice in the city without regard to actual or perceived differences of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partnership status, labor organization membership, familial situation, or political affiliation, and, to that end, to prohibit discrimination in employment, housing and public accommodations by any person. Sec. 62-37. Duties and powers. The committee shall have the following advisory duties, functions, powers, and responsibilities: (a) To study, advise, and make recommendations to the city manager and city commission for: (1) Legislation on policies, procedures, and practices which would further the purposes of this article; (2) Developing human relations plans and policies for the city to consider and making investigations and studies appropriate to effectuate the purposes of this article; (b) To inform persons of the rights assured and remedies provided under this article, and to promote goodwill, and minimize or eliminate actual or perceived discrimination because of race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, disability, marital and familial status,' age, ancestry height, weight, hair texture and/or hairstyle, domestic partnership status, labor organization membership, familial situation, or political affiliation; (c) To call conferences of persons in the industries of housing, public accommodations, and employment in the city to acquaint them with the requirements of this article and, without limitation, the City of Miami Beach Human Rights Ordinance, and to endeavor with their advice to develop programs of voluntary compliance and enforcement; and (d) To hear appeals from the city manager's determination of no probable cause, where appropriate and necessary; and designate committee members to hear, in an advisory capacity to the hearing examiner, complaints alleging unlawful discrimination practices; and provide the hearing examiner (through the designated committee members) with a non- binding advisory recommendation prior to final disposition of the complaint. The city's adoption of any committee recommendations(pursuant to those powers and duties which may be exercised by the committee under subsections (a) through (d) above, including, without limitation, recommendations that the city enact any legislation; plans, policies and procedures; call for studies and/or investigations; call for conferences; enact any programs; and/or distribute educational/informational materials, all with the purpose of furthering and effectuating the mission of the City of Miami Beach Human Rights Ordinance and this article), 6 shall be subject to prior approval of the city commission, and such approval (if given at all) shall be further subject to funding availability. DIVISION 3. REGULATIONS * * * Sec. 62-86. Discrimination in employment. It is an unlawful discriminatory practice for an employer to fail to hire or refuse to hire or to discharge any applicant, employee, or independent contractor, 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 actual or perceived classification category. This section shall not limit the ability of an employer to establish, continue, or enforce a hair texture and/or hairstyle related workplace safety policy or rule, so long as there is no disparate treatment regarding such workplace safety policy or rule. * * * Sec. 62-88.1. Discrimination in public services. No individual shall, by reason of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, marital and familial status, age,ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or_political affiliation, nor any qualified individual with a disability shall, by reason of disability, be excluded from participation in or be denied the benefits of the public services of the city, or be subjected to discrimination by the city. * * * Sec. 62-90. Use of municipal facilities. The use of municipal facilities in the city shall be regulated pursuant to the provisions of this section.The purpose and intent of this section is to establish legislative and administrative policies for the nondiscriminatory use of municipal facilities, which shall be defined as any and all city- owned and operated facilities including buildings, parks, fields, and any other facility now or in the future owned, controlled, leased, or operated by the city. All organizations, clubs, and individuals wishing to obtain any fee waiver to use municipal facilities shall confirm in writing as follows: I [name of organization, club, or person] the [title] of [name of organization or club], certify that I/my organization or club does not discriminate in its membership or policies based on actual or perceived race,color, national origin, religion, sex, intersexuality,sexual orientation, gender identity, familial and marital status, age, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. * * * Sec. 62-91. Municipal funds. Municipal funding of organizations or clubs shall be regulated pursuant to this section. The purpose and intent of this section is to establish legislative and administrative polices for the award 7 of municipal funds to organizations or clubs that do not discriminate in their membership or policies. All organizations or clubs wishing to obtain municipal funding shall confirm in writing as follows: I [name of organization or club] the [title] of [name of organization or club], certify that my organization/club does not discriminate in its membership or policies based on actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity,familial and marital status, age, ancestry, height,weight,hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. DIVISION 4. EXCEPTIONS * * * Sec. 62-111. Employment. (a) Notwithstanding any other provision of this article: (1) It is not an unlawful discriminatory practice for an employer to hire and employ employees on the basis of that individual's actual or perceived classification category in those certain instances where such actual or perceived classification category is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and (2) It is not an unlawful discriminatory practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in 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 such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion. However, this exception will not apply if such institution restricts membership in its organization on the basis of race, color or national origin..-; and (3) It is not an unlawful discriminatory practice for an employer to discharge, discipline, or fail or refuse to hire an individual if an employer determines that such hair texture and/or hairstyle prevents or impedes an individual's ability to appropriately wear any health or safety equipment, or impairs an individual's ability to safely engage in the particular iob or occupation at issue. (b) Notwithstanding any other provision of this article: (1) It is not 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 one's actual or perceived classification category; (2) It is not 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 one's actual or perceived classification category. 8 (c) Nothing contained in this article shall be interpreted to require any employer to grant preferential treatment to any individual or to any group because of the actual or perceived classification category of such individual or group, on account of an imbalance that may exist with respect to the total number or percentage of persons of any actual or perceived classification category employed by any employer in comparison with the total number of percentage of persons of such actual or perceived classification category in any community, state, section or any other area, or in the available work force in any community, state, section or other area. (d) This article shall not apply to a religious corporation or association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. (e) Notwithstanding any other provisions of this article, it is not an unlawful discriminatory practice for an employer to consider an individual's religion when making a decision concerning that individual if the employer demonstrates that the reason for considering that individual's religion is that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. Sec. 62-112. Housing. (a) Nothing in this article shall prohibit a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction With a religious organization, association or society from limiting or from advertising the sale, rental or occupancy of housing it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons. However, this exception shall not apply if such religious organization, association, society or any nonprofit, charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization restricts membership in its organization on the basis of actual or perceived race, color or national origin; nor shall anything in this article prohibit a private club not in fact opened to the public, which as an incident to its preliminary purpose provides lodgings it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (b) No provision in this article regarding familial status shall apply to housing for older persons. (1) As used in this subsection, "housing for older persons" means housing: a. Provided under any local, state or federal program that the administrator determines is specifically designed and operated to assist elderly persons as defined in the local, state or federal program; 9 b. Intended for and solely occupied by persons 62 years of age or older; or c. Intended for and occupied by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the administrator shall develop regulations that require at least the following factors: 1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; 2. That at least 80 percent of the housing is occupied by at least one person 55 years of age or older per unit; and 3. The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (2) Housing shall not fail to be considered housing for older persons if: a. A person who resides in such housing on or after the effective date of the ordinance from which this article is derived does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements; or b. One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection. (c) Nothing contained in this article shall preclude the seller, developer, condominium association, lessor, property owner, or that person's authorized agent from setting forth reasonable rules, regulations, terms and conditions pertaining to the sale, lease or disposal of that person's property provided such rules, regulations, terms and conditions are not based on actual or perceived race, color, religion, sex, intersexuality, sexual orientation, gender identity, national origin, age, disability, familial status, marital status, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation, and provided there is no conflict with the affirmative provisions set forth in this article. Furthermore, nothing in this article shall preclude reasonable rules, regulations, or terms and conditions pertaining to the safe and prudent use by minors of facilities and amenities provided in conjunction with real property. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 10 SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 5 day of NovrmZPr- , 2022. PASSED AND ADOPTED this .?G day of OC.4 J 022. ATTEST: Dan Gelber, Mayor OCT 2 7 2022 1 Rafae E. Granado, City Clerk (Sponsored by Commissioner Alex J. Fernandez and Co-Sponsored by Vice-Mayor Kristen Rosen-Gonzalez) \\\\111111 Underline denotes additions � '��;11, Strikethrough _^`S' .... denotes deletions ,���,,���.•. -, iiIIORP ORATEDJ APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION "7- 3 )-a-z City Attorney Of f Date 11 Ordinances-R5 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: October 26,2022 10:10 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 62-31 THEREOF, ENTITLED "DEFINITIONS," SECTION 62-33 THEREOF, ENTITLED "PURPOSE; DECLARATION OF POLICY," AND SECTION 62-37 THEREOF, ENTITLED "DUTIES AND POWERS;" AND BY AMENDING DIVISION 3, ENTITLED "REGULATIONS," BY AMENDING SECTION 62-86 THEREOF, ENTITLED "DISCRIMINATION IN EMPLOYMENT," SECTION 62-88.1 THEREOF, ENTITLED "DISCRIMINATION IN PUBLIC SERVICES," SECTION 62-90 THEREOF, ENTITLED "USE OF MUNICIPAL FACILITIES," AND SECTION 62-91 THEREOF, ENTITLED "MUNICIPAL FUNDS;AND BYAMENDING DIVISION 4, ENTITLED "EXCEPTIONS," BYAMENDING SECTION 62-111 THEREOF, ENTITLED "EMPLOYMENT," AND BY AMENDING SECTION 61-112 THEREOF, ENTITLED "HOUSING," TO CREATE AN ADDITIONAL PROTECTED CLASSIFICATION CATEGORY IN ORDER TO PROHIBIT DISCRIMINATION BASED UPON A PERSON'S HAIR TEXTURE OR HAIRSTYLE IF SUCH TEXTURE OR STYLE IS COMMONLYASSOCIATED WITH A PARTICULAR RACE OR NATIONAL ORIGIN; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION The Public Safety and Neighborhood Quality of Life Committee (PSNQLC) approved the language proposed by the City's Human Rights Committee and recommends an amendment to Chapter 62 of the Code of the City of Miami Beach. BACKGROUND/HISTORY On April 12, 2021, the City's Human Rights Advisory Committee unanimously requested the City to amend its Human Rights Ordinance to prohibit discrimination based on natural hairstyles and textures, as referenced in the attached LTC No. 188-2021. Throughout United States Page 589 of 1166 history, society has used hair texture and hairstyle to classify individuals on the basis of race, and like one's skin color, one's hair has served as a basis of race and national origin discrimination. Race and national origin discrimination can often occur because of longstanding biases and stereotypes associated with hair texture and style. For example, routinely, people of African descent are deprived of educational and employment opportunities because they are adorned with natural or protective hairstyles in which hair is tightly coiled or tightly curled, or wom in locs, comrows, twists, braids, Bantu knots, or Afros. In 2018, the United States Armed Forces had grooming policies that barred natural or protective hairstyles that servicewomen of African descent commonly wear and that described these hairstyles as "unkempt', which policies were later rescinded due to the recognition that this description perpetuated derogatory racial stereotypes. However, some courts have interpreted federal and state civil rights law by narrowly interpreting the meaning of race or national origin, and thereby leading employers, school administrators, and other entities to discriminate against people of African descent who wear natural or protective hairstyles even though the employment policies involved are not related to workers'ability to perform their job. The narrow interpretation of race or national origin has resulted in a lack of federal civil rights protection for individuals who are discriminated against on the basis of characteristics that are commonly associated with one's race and national origin. Consequently, state legislatures, including California, New York, New Jersey, Virginia, Maryland, Washington, and Colorado, and municipal bodies throughout the United States, have introduced and passed legislation that protects against natural or protective hairstyles commonly associated with race and national origin. After receiving the LTC, on October 13, 2021,the City Commission discussed amending Chapter 16 of the code of the City of Miami Beach entitled "Human Relations" to prohibit discrimination based on natural hairstyles and textures and referred the discussion to the Public Safety Neighborhoods Quality of Life Committee. On May 17, 2022 the Public Safety Neighborhoods Quality of Life Committee discussed the modification of the ordinance, heard public comment, then voted affirmatively to direct the City Attorney and the Human Resources Department, with consultation of the Fire Chief, Police Chief and Human Rights Committee, to present a draft ordinance to the City Commission. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A CONCLUSION The purpose of the City's Human Rights Ordinance is to prevent discrimination against any individual(s)for any basis articulated in Section 62-33 of the City Code. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Page 590 of 1166 Strategic Connection Non-Applicable Legislative Tracking Human Resources Sponsor Vice-Mayor Alex Fernandez and Commissioner Kristen Rosen Gonzalez ATTACHMENTS: Description ❑ Ordinance Form Approved o LTC Hair Discrimination Page 591 of 1166 DocuSign Envelope ID:474E46BA-E1AA-4D42-BF9A-OEC7CA7BE95A t\/\ /V\/\ ! BEACH City of Miami Beach,1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER LTC # LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission DocuSigned by: FROM: Alina Hudak, City Manager 5.ittut ittadat 7AE29EF3401349E... DATE: May 5, 2021 SUBJECT: Motion by the Human Rights Committee The purpose of this Letter to Commission (LTC) is to inform the Mayor and the Commission of a motion made by the Human Rights Committee at their meeting on April 12, 2021. MOTION: Hair discrimination affects Black Americans and other minorities with textured natural hair that has not been straightened or chemically changed. Hair discrimination is rooted in the idea that straight hair is clean, neat, and professional, while the belief is the opposite for textured or curly hair types. A growing number of state and local legislatures are enacting laws prohibiting discrimination on the basis of natural hair style and texture, including those hairstyles necessitated by, or resulting from, the immutable characteristics of a hair texture associated with race, such as braids, locks, afros, curls, and twists. The City's Human Rights Ordinance (HRO)already prohibits discrimination based on a plethora of characteristics, including weight and height.The Committee recommends that the City amend its HRO to include prohibition of discrimination based on natural hairstyles and textures. Members in attendance on April 12, 2021: • Alan B. Fishman, Esq. —Chair • Clare McCord—Vice Chair • Dale Stine • Jonathan Welsh • Donald Goldberg • Heidi Tandy, Esq. • Bradley Ugent • Alberto Ravelo The Human Rights Committee unanimously voted in support of this motion. Page 603 of 1166