Florida Senate - 2013                                      SB 72
       
       
       
       By Senator Joyner
       
       
       
       
       19-00072-13                                             201372__
    1                        A bill to be entitled                      
    2         An act relating to employment discrimination against
    3         the unemployed; creating the “Fair Employment
    4         Opportunity Act”; setting forth the purpose of the
    5         act; defining terms; prohibiting an employer from
    6         refusing to consider for employment, or refusing to
    7         offer employment to, a person because the person is or
    8         was unemployed; prohibiting an employer from
    9         publishing in print, on the Internet, or in any other
   10         medium an advertisement or announcement for a job
   11         which states or indicates that an unemployed person is
   12         disqualified from consideration for the job;
   13         prohibiting an employer from directing or requesting
   14         an employment agency to take a person’s status as
   15         unemployed into account in screening or referring
   16         applicants for employment; prohibiting an employment
   17         agency from refusing to consider or refer a person for
   18         employment based on the person’s status as unemployed;
   19         prohibiting an employment agency from publishing in
   20         print, on the Internet, or in any other medium an
   21         advertisement or announcement for any job vacancy
   22         which states or indicates that an unemployed person is
   23         disqualified from consideration for the job;
   24         prohibiting an employment agency from limiting,
   25         segregating, or classifying a person in any manner
   26         that may limit the person’s access to information
   27         about jobs or referral for consideration for jobs
   28         because the person is or was unemployed; prohibiting
   29         an employer or employment agency from interfering
   30         with, restraining, or denying the exercise of, or the
   31         attempt to exercise, any right provided by the act or
   32         refusing to hire, discharging, or in any other manner
   33         discriminating against a person because the person
   34         engaged in certain specified lawful activities;
   35         providing an exception for a bona fide occupational
   36         qualification; authorizing the Attorney General to
   37         commence a civil action for damages, injunctive
   38         relief, civil penalties, and other appropriate relief
   39         if the Attorney General has reasonable cause to
   40         believe that an employer or employment agency has
   41         violated the act; authorizing the Attorney General to
   42         file an action in the circuit court in the county
   43         where the cause of action arises or in the Circuit
   44         Court for the Second Judicial Circuit in Leon County;
   45         providing procedures; providing that the prevailing
   46         party in such action is entitled to an award of
   47         reasonable attorney fees and costs; providing that
   48         damages recovered under the act accrue to the injured
   49         party; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Discrimination against the unemployed;
   54  prohibited acts; penalties.—
   55         (1) SHORT TITLE.—This act may be cited as the “Fair
   56  Employment Opportunity Act.”
   57         (2)PURPOSE.—The purpose of this section is to prohibit an
   58  employer or employment agency from considering a person’s status
   59  as an unemployed person when screening that person for or
   60  filling a position, except when a requirement related to
   61  employment status is a bona fide occupational qualification
   62  reasonably necessary to successful performance in the job, and
   63  to eliminate the burdens imposed on commerce by excluding
   64  unemployed persons from employment.
   65         (3) DEFINITIONS.—As used in this section, the term:
   66         (a)“Affected person” means a person who was refused
   67  consideration for employment or was not hired by an employer
   68  because the person is or was unemployed, or a person who was not
   69  considered, screened, or referred for employment opportunities
   70  by an employment agency because the person is or was unemployed.
   71         (b)“Employer” means a person who is engaged in commerce or
   72  industry, or in an activity affecting commerce, who employs 15
   73  or more persons each working day in each of 20 or more calendar
   74  weeks in the current or preceding calendar year. The term
   75  includes, but is not limited to:
   76         1. A person who acts, directly or indirectly, in the
   77  interest of an employer with respect to employing persons to
   78  work for that employer; and
   79         2. A successor in interest of an employer.
   80         (c)“Employment agency” means a business that regularly
   81  procures, with or without compensation, employees for an
   82  employer or job opportunities for an individual seeking
   83  employment and includes, but is not limited to, an agent of the
   84  employment agency and an individual who maintains an Internet
   85  website that publishes advertisements or announcements of job
   86  openings.
   87         (d)“Unemployed” means a person’s present or past
   88  unemployment, regardless of the length of time the person was
   89  unemployed.
   90         (4)EMPLOYERS.—An employer may not:
   91         (a) Refuse to consider for employment or refuse to offer
   92  employment to a person because the person is or was unemployed.
   93         (b) Publish in print, on the Internet, or in any other
   94  medium an advertisement or announcement for a job which
   95  includes:
   96         1. A provision stating or indicating that an unemployed
   97  person is disqualified from consideration for the job;
   98         2. A provision stating or indicating that an employer will
   99  not consider an unemployed applicant for employment; or
  100         3. A directive or request that an employment agency take a
  101  person’s status as unemployed into account in screening or
  102  referring applicants for employment.
  103         (5)EMPLOYMENT AGENCIES.—An employment agency may not:
  104         (a) Refuse to consider or refer a person for employment
  105  based on the fact that the person is or was unemployed;
  106         (b) Limit, segregate, or classify a person in a manner that
  107  may limit the person’s access to information about a job or
  108  referral for consideration for a job because that person is or
  109  was unemployed; or
  110         (c) Publish in print, on the Internet, or in another medium
  111  an advertisement or announcement for a job vacancy which
  112  includes a provision stating or indicating that:
  113         1. An unemployed person is disqualified from consideration
  114  for the job; or
  115         2. An employer will not consider an unemployed person for
  116  employment.
  117         (6) INTERFERENCE WITH RIGHTS, PROCEEDINGS, OR INQUIRIES.—An
  118  employer or employment agency may not:
  119         (a) Interfere with, restrain, or deny the exercise of, or
  120  the attempt to exercise, a right provided by this section; or
  121         (b) Refuse to hire, discharge, or in another manner
  122  discriminate against a person because the person:
  123         1. Opposed any practice made unlawful by this section;
  124         2. Has filed a charge, or has instituted or caused to be
  125  instituted a proceeding, under or related to this section;
  126         3. Has given, or is about to give, information in
  127  connection with an inquiry or proceeding relating to a right
  128  provided under this section; or
  129         4. Has testified, or is about to testify, in an inquiry or
  130  proceeding relating to a right provided under this section.
  131         (7)BONA FIDE OCCUPATIONAL QUALIFICATION.—Notwithstanding
  132  any other provision of law, consideration by an employer or
  133  employment agency of a person’s status as unemployed is not an
  134  unlawful employment practice if a person’s employment in a
  135  similar or related job for a period reasonably proximate to the
  136  hiring of the person is a bona fide occupational qualification
  137  reasonably necessary to successful performance of the job that
  138  is being filled.
  139         (8) CIVIL ACTION BY THE ATTORNEY GENERAL.—
  140         (a)The Attorney General may commence a civil action for
  141  damages, injunctive relief, civil penalties not to exceed
  142  $10,000 per violation, and such other relief as may be
  143  appropriate under the laws of this state if the Attorney General
  144  has reasonable cause to believe that an employer or employment
  145  agency has violated this section.
  146         (b)The Attorney General may file an action under this
  147  subsection in the circuit court of the county in which the cause
  148  of action arises or in the Circuit Court for the Second Judicial
  149  Circuit in Leon County.
  150         (c)In any proceeding under this subsection, the respondent
  151  may request, before any responsive pleading is due, that a
  152  hearing be held no earlier than 5 days but no more than 30 days
  153  after the filing of the complaint. The court shall determine at
  154  that hearing whether the complaint on its face makes a prima
  155  facie showing that a pattern or practice of discrimination
  156  exists or that, as a result of discrimination, an issue of great
  157  public interest exists.
  158         (d)The prevailing party in an action brought under this
  159  subsection is entitled to an award of reasonable attorney fees
  160  and costs.
  161         (e)Damages recovered under this subsection accrue to the
  162  injured party.
  163         Section 2. This act shall take effect July 1, 2013.