Senate Bill 1090

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    Florida Senate - 2000                                  SB 1090

    By Senator Dawson





    30-13-00

  1                      A bill to be entitled

  2         An act relating to wage discrimination;

  3         creating the "Fair Pay Act"; amending s.

  4         760.02, F.S.; providing definitions; amending

  5         s. 760.06, F.S.; providing an additional duty

  6         of the Florida Commission on Human Relations;

  7         providing for the adoption of specified rules;

  8         amending s. 760.10, F.S.; clarifying provisions

  9         with respect to discrimination against

10         individuals in compensation, terms, conditions,

11         or privileges of employment which constitutes

12         an unlawful employment practice; providing

13         administrative and civil remedies; creating s.

14         760.105, F.S.; providing for specified wage

15         disclosure, recordkeeping, and reporting

16         requirements; providing for relief and damages

17         for violation of requirements; amending s.

18         760.11, F.S., relating to administrative and

19         civil remedies under the Florida Civil Rights

20         Act of 1992; including s. 760.105, F.S., within

21         the scope of the act; providing an effective

22         date.

23

24         WHEREAS, despite federal and state laws banning

25  discrimination in employment and pay in both the public and

26  private sectors, wage differentials persist between women and

27  men and between minorities and nonminorities in the same jobs

28  and in jobs that are dissimilar but that require equivalent

29  composites of skill, effort, responsibility, and working

30  conditions, and

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  1         WHEREAS, the existence of such wage differentials

  2  depresses wages and living standards for employees which

  3  necessarily contribute to their health and efficiency, reduces

  4  family incomes and contributes to higher poverty rates among

  5  households headed by females and minority households, prevents

  6  the maximum utilization of available labor resources, and

  7  tends to cause labor disputes, thereby burdening, affecting,

  8  and obstructing commerce, and

  9         WHEREAS, sections 760.01-760.11, Florida Statutes, the

10  "Florida Civil Rights Act of 1992," states that it is an

11  unlawful employment practice for an employer "to discriminate

12  against any individual with respect to compensation, terms,

13  conditions, or privileges of employment because of such

14  individual's race, color, religion, sex, national origin, age,

15  handicap, or marital status," and

16         WHEREAS, discrimination in wage setting practices has

17  played a role in depressing wages for women and minorities

18  generally, and

19         WHEREAS, many individuals work in occupations that are

20  dominated by individuals of their same sex, race, or national

21  origin, and discrimination in hiring, job assignments, and

22  promotion has played a role in establishing and maintaining

23  segregated work forces, and

24         WHEREAS, eliminating discrimination in compensation

25  based on sex, race, and national origin would have positive

26  effects, including providing a solution to problems in the

27  economy created by discriminatory wage differentials, reducing

28  the number of working women and people of color earning low

29  wages, thereby lowering their incidence of poverty during

30  normal working years and in retirement, and promoting stable

31  families by raising family incomes, and

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  1         WHEREAS, it is the purpose of this act to correct and

  2  as rapidly as practicable eliminate discriminatory wage

  3  practices based on sex, race, color, religion, national

  4  origin, age, handicap, or marital status, NOW, THEREFORE,

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  This act may be cited as the "Fair Pay

  9  Act."

10         Section 2.  Section 760.02, Florida Statutes, is

11  amended to read:

12         760.02  Definitions.--For the purposes of ss.

13  760.01-760.11 and 509.092, the term:

14         (1)(10)  "Aggrieved person" means any person who files

15  a complaint with the Human Relations Commission.

16         (2)  "Commission" means the Florida Commission on Human

17  Relations created by s. 760.03.

18         (3)  "Commissioner" or "member" means a member of the

19  commission.

20         (4)  "Discriminatory practice" means any practice made

21  unlawful by the Florida Civil Rights Act of 1992.

22         (5)  "Employ" means to suffer or permit to work.

23         (6)  "Employee" means any person employed by an

24  employer and includes all of an employer's permanent

25  employees, whether working full-time or part-time, and any

26  temporary employee employed by an employer for a period of at

27  least 3 months. "Employee" shall not include any individual

28  employed by his or her parents, spouse, or child.

29         (7)  "Employer" means any person employing 15 or more

30  employees for each working day in each of 20 or more calendar

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  1  weeks in the current or preceding calendar year, and any agent

  2  of such a person.

  3         (8)  "Employment agency" means any person regularly

  4  undertaking, with or without compensation, to procure

  5  employees for an employer or to procure for employees

  6  opportunities to work for an employer, and includes an agent

  7  of such a person.

  8         (9)  "Equivalent jobs" means jobs or occupations that

  9  are equal within the meaning of the Equal Pay Act of 1963, 39

10  U.S.C. 206(d), or jobs or occupations that are dissimilar but

11  whose requirements are equivalent, when viewed as a composite

12  of skills, effort, responsibility, and working conditions.

13         (10)(1)  "Florida Civil Rights Act of 1992" means ss.

14  760.01-760.11 and 509.092.

15         (11)(9)  "Labor organization" means any organization

16  which exists for the purpose, in whole or in part, of

17  collective bargaining or of dealing with employers concerning

18  grievances, terms or conditions of employment, or other mutual

19  aid or protection in connection with employment.

20         (12)(5)  "National origin" includes ancestry.

21         (13)(6)  "Person" includes an individual, association,

22  corporation, joint apprenticeship committee, joint-stock

23  company, labor union, legal representative, mutual company,

24  partnership, receiver, trust, trustee in bankruptcy, or

25  unincorporated organization; any other legal or commercial

26  entity; the state; or any governmental entity or agency.

27         (14)  "Wages" and "wage rates" means all compensation

28  in any form that an employer provides to employees in payment

29  for work performed or services rendered, including, but not

30  limited to, base pay, bonuses, commissions, awards, tips, or

31  various forms of nonmonetary compensation if provided in lieu

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  1  of or in addition to monetary compensation and that have

  2  economic value to an employee.

  3         Section 3.  Section 760.06, Florida Statutes, is

  4  amended to read:

  5         760.06  Powers of the commission.--Within the

  6  limitations provided by law, the commission shall have the

  7  following powers:

  8         (1)  To maintain offices in the State of Florida.

  9         (2)  To meet and exercise its powers at any place

10  within the state.

11         (3)  To promote the creation of, and to provide

12  continuing technical assistance to, local commissions on human

13  relations and to cooperate with individuals and state, local,

14  and other agencies, both public and private, including

15  agencies of the Federal Government and of other states.

16         (4)  To accept gifts, bequests, grants, or other

17  payments, public or private, to help finance its activities.

18         (5)  To receive, initiate, investigate, seek to

19  conciliate, hold hearings on, and act upon complaints alleging

20  any discriminatory practice, as defined by the Florida Civil

21  Rights Act of 1992.

22         (6)  To issue subpoenas for, administer oaths or

23  affirmations to and compel the attendance and testimony of

24  witnesses or to issue subpoenas for and compel the production

25  of books, papers, records, documents, and other evidence

26  pertaining to any investigation or hearing convened pursuant

27  to the powers of the commission.  In conducting an

28  investigation, the commission and its investigators shall have

29  access at all reasonable times to premises, records,

30  documents, and other evidence or possible sources of evidence

31  and may examine, record, and copy such materials and take and

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  1  record the testimony or statements of such persons as are

  2  reasonably necessary for the furtherance of the investigation.

  3  The authority to issue subpoenas and administer oaths may be

  4  delegated by the commission, for investigations or hearings,

  5  to a commissioner or the executive director.  In the case of a

  6  refusal to obey a subpoena issued to any person, the

  7  commission may make application to any circuit court of this

  8  state, which shall have jurisdiction to order the witness to

  9  appear before the commission to give testimony and to produce

10  evidence concerning the matter in question.  Failure to obey

11  the court's order may be punished by the court as contempt. If

12  the court enters an order holding a person in contempt or

13  compelling the person to comply with the commission's order or

14  subpoena, the court shall order the person to pay the

15  commission reasonable expenses, including reasonable

16  attorneys' fees, accrued by the commission in obtaining the

17  order from the court.

18         (7)  To recommend methods for elimination of

19  discrimination and intergroup tensions and to use its best

20  efforts to secure compliance with its recommendations.

21         (8)  To furnish technical assistance requested by

22  persons to facilitate progress in human relations.

23         (9)  To make or arrange for studies appropriate to

24  effectuate the purposes and policies of the Florida Civil

25  Rights Act of 1992 and to make the results thereof available

26  to the public.

27         (10)  To become a deferral agency for the Federal

28  Government and to comply with the necessary federal

29  regulations to effect the Florida Civil Rights Act of 1992.

30         (11)  To render, at least annually, a comprehensive

31  written report to the Governor and the Legislature. The report

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  1  may contain recommendations of the commission for legislation

  2  or other action to effectuate the purposes and policies of the

  3  Florida Civil Rights Act of 1992.

  4         (12)  To adopt, promulgate, amend, and rescind rules

  5  pursuant to ss. 120.54 and 120.536(1) to effectuate the

  6  purposes and policies of the Florida Civil Rights Act of 1992

  7  and govern the proceedings of the commission, in accordance

  8  with chapter 120. Such rules must include the establishment of

  9  guidelines that specify the criteria for determining whether a

10  job is dominated by employees of a particular sex, race, or

11  national origin for purposes of the wage disclosure,

12  recordkeeping, and reporting requirements of s. 760.105. Such

13  criteria must include, but need not be limited to, factors

14  such as whether a job has ever been formally classified as, or

15  traditionally considered to be, a "male" or "female" job, or a

16  "white" or "minority" job; whether there is a history of

17  discrimination against women or people of color, or both, with

18  regard to wages, assignment or access to jobs, or other terms

19  and conditions of employment; and the demographic composition

20  of the workforce in equivalent jobs, which may include the

21  numbers or percentages of women, men, Caucasians, and people

22  of color working in equivalent jobs. The guidelines must not

23  include a list of jobs.

24         (13)  To receive complaints and coordinate all

25  activities as required by the Whistle-blower's Act pursuant to

26  ss. 112.3187-112.31895.

27         Section 4.  Section 760.10, Florida Statutes, is

28  amended to read:

29         760.10  Unlawful employment practices.--

30         (1)  It is an unlawful employment practice for an

31  employer:

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  1         (a)  To discharge or to fail or refuse to hire any

  2  individual, or otherwise to discriminate against any

  3  individual with respect to compensation, terms, conditions, or

  4  privileges of employment, because of such individual's race,

  5  color, religion, sex, national origin, age, handicap, or

  6  marital status. This paragraph must be construed to include

  7  any discrimination by an employer between employees on the

  8  basis of sex, race, color, religion, national origin, age,

  9  handicap, or marital status by the payment of wages to

10  employees at a rate less than the rate at which an employer

11  pays wages to employees of the opposite sex, of a different

12  race, color, religion, national origin, age, or marital

13  status, or without handicap for equal work on jobs the

14  performance of which requires equal skill, effort, and

15  responsibility, and which are performed under similar working

16  conditions.

17         (b)  To limit, segregate, or classify employees or

18  applicants for employment in any way which would deprive or

19  tend to deprive any individual of employment opportunities, or

20  adversely affect any individual's status as an employee,

21  because of such individual's race, color, religion, sex,

22  national origin, age, handicap, or marital status.

23         (2)  It is an unlawful employment practice for an

24  employment agency to fail or refuse to refer for employment,

25  or otherwise to discriminate against, any individual because

26  of race, color, religion, sex, national origin, age, handicap,

27  or marital status or to classify or refer for employment any

28  individual on the basis of race, color, religion, sex,

29  national origin, age, handicap, or marital status.

30         (3)  It is an unlawful employment practice for a labor

31  organization:

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  1         (a)  To exclude or to expel from its membership, or

  2  otherwise to discriminate against, any individual because of

  3  race, color, religion, sex, national origin, age, handicap, or

  4  marital status.

  5         (b)  To limit, segregate, or classify its membership or

  6  applicants for membership, or to classify or fail or refuse to

  7  refer for employment any individual, in any way which would

  8  deprive or tend to deprive any individual of employment

  9  opportunities, or adversely affect any individual's status as

10  an employee or as an applicant for employment, because of such

11  individual's race, color, religion, sex, national origin, age,

12  handicap, or marital status.

13         (c)  To cause or attempt to cause an employer to

14  discriminate against an individual in violation of this

15  section.

16         (4)  It is an unlawful employment practice for any

17  employer, labor organization, or joint labor-management

18  committee controlling apprenticeship or other training or

19  retraining, including on-the-job training programs, to

20  discriminate against any individual because of race, color,

21  religion, sex, national origin, age, handicap, or marital

22  status in admission to, or employment in, any program

23  established to provide apprenticeship or other training.

24         (5)  Whenever, in order to engage in a profession,

25  occupation, or trade, it is required that a person receive a

26  license, certification, or other credential, become a member

27  or an associate of any club, association, or other

28  organization, or pass any examination, it is an unlawful

29  employment practice for any person to discriminate against any

30  other person seeking such license, certification, or other

31  credential, seeking to become a member or associate of such

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  1  club, association, or other organization, or seeking to take

  2  or pass such examination, because of such other person's race,

  3  color, religion, sex, national origin, age, handicap, or

  4  marital status.

  5         (6)  It is an unlawful employment practice for an

  6  employer, labor organization, employment agency, or joint

  7  labor-management committee to print, or cause to be printed or

  8  published, any notice or advertisement relating to employment,

  9  membership, classification, referral for employment, or

10  apprenticeship or other training, indicating any preference,

11  limitation, specification, or discrimination, based on race,

12  color, religion, sex, national origin, age, absence of

13  handicap, or marital status.

14         (7)  It is an unlawful employment practice for an

15  employer, an employment agency, a joint labor-management

16  committee, or a labor organization to discriminate against any

17  person because that person has opposed any practice which is

18  an unlawful employment practice under this section, or because

19  that person has made a charge, testified, assisted, or

20  participated in any manner in an investigation, proceeding, or

21  hearing under this section.

22         (8)  Notwithstanding any other provision of this

23  section, it is not an unlawful employment practice under ss.

24  760.01-760.10 for an employer, employment agency, labor

25  organization, or joint labor-management committee to:

26         (a)  Take or fail to take any action on the basis of

27  religion, sex, national origin, age, handicap, or marital

28  status in those certain instances in which religion, sex,

29  national origin, age, absence of a particular handicap, or

30  marital status is a bona fide occupational qualification

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  1  reasonably necessary for the performance of the particular

  2  employment to which such action or inaction is related.

  3         (b)  Observe the terms of a bona fide seniority system,

  4  a bona fide employee benefit plan such as a retirement,

  5  pension, or insurance plan, or a system which measures

  6  earnings by quantity or quality of production, which is not

  7  designed, intended, or used to evade the purposes of ss.

  8  760.01-760.10. However, no such employee benefit plan or

  9  system which measures earnings shall excuse the failure to

10  hire, and no such seniority system, employee benefit plan, or

11  system which measures earnings shall excuse the involuntary

12  retirement of, any individual on the basis of any factor not

13  related to the ability of such individual to perform the

14  particular employment for which such individual has applied or

15  in which such individual is engaged.  This subsection shall

16  not be construed to make unlawful the rejection or termination

17  of employment when the individual applicant or employee has

18  failed to meet bona fide requirements for the job or position

19  sought or held or to require any changes in any bona fide

20  retirement or pension programs or existing collective

21  bargaining agreements during the life of the contract, or for

22  2 years after October 1, 1981, whichever occurs first, nor

23  shall this act preclude such physical and medical examinations

24  of applicants and employees as an employer may require of

25  applicants and employees to determine fitness for the job or

26  position sought or held.

27         (c)  Take or fail to take any action on the basis of

28  age, pursuant to law or regulation governing any employment or

29  training program designed to benefit persons of a particular

30  age group.

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  1         (d)  Take or fail to take any action on the basis of

  2  marital status if that status is prohibited under its

  3  antinepotism policy.

  4         (9)  This section shall not apply to any religious

  5  corporation, association, educational institution, or society

  6  which conditions opportunities in the area of employment or

  7  public accommodation to members of that religious corporation,

  8  association, educational institution, or society or to persons

  9  who subscribe to its tenets or beliefs.  This section shall

10  not prohibit a religious corporation, association, educational

11  institution, or society from giving preference in employment

12  to individuals of a particular religion to perform work

13  connected with the carrying on by such corporations,

14  associations, educational institutions, or societies of its

15  various activities.

16         (10)  Each employer, employment agency, and labor

17  organization shall post and keep posted in conspicuous places

18  upon its premises a notice provided by the commission setting

19  forth such information as the commission deems appropriate to

20  effectuate the purposes of ss. 760.01-760.10.

21         Section 5.  Section 760.105, Florida Statutes, is

22  created to read:

23         760.105  Wage disclosure; recordkeeping and reporting

24  requirements.--

25         (1)  Upon commencement of an individual's employment

26  and at least annually thereafter, every employer subject to

27  this act shall provide to each employee a written statement

28  sufficient to inform the employee of his or her job title,

29  wage rate, and the manner or method in which the wage is

30  calculated. This notice must be supplemented whenever an

31  employee is promoted or reassigned to a different position

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  1  with the employer; however, the employer is not required to

  2  issue supplemental notifications for temporary reassignments

  3  that are no greater than 3 months in duration.

  4         (2)  Every employer subject to this act shall make and

  5  preserve records that document the wages paid to employees and

  6  that document and support the method, system, calculations,

  7  and other bases used to establish, adjust, and determine the

  8  wage rates paid to the employer's employees. Every employer

  9  subject to this act shall preserve such records for such

10  periods of time and shall make such reports from the records

11  in accordance with rules adopted by the commission as provided

12  under s. 760.06(12).

13         (3)  Rules adopted under s. 760.06(12) which relate to

14  the form of reports required by subsection (2) must provide

15  for protection of the confidentiality of employees, and must

16  expressly require that reports may not include the names or

17  other identifying information from which readers could discern

18  the identities of employees. The rules may also identify

19  circumstances that warrant a prohibition on disclosure of

20  reports or information identifying the employer.

21         (4)  The commission may use the information and data it

22  collects under subsection (2) for statistical and research

23  purposes and may compile and publish such studies, analyses,

24  reports, and surveys based on the information and data as it

25  considers appropriate.

26         (5)  A violation of the wage disclosure, recordkeeping,

27  or reporting requirements under this section by any employer

28  who is subject to this section gives rise to a cause of action

29  for all relief and damages described in s. 760.11(5), unless

30  greater damages are expressly provided for.

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  1         Section 6.  Section 760.11, Florida Statutes, is

  2  amended to read:

  3         760.11  Administrative and civil remedies;

  4  construction.--

  5         (1)  Any person aggrieved by a violation of ss.

  6  760.01-760.105 760.01-760.10 may file a complaint with the

  7  commission within 365 days after of the alleged violation

  8  occurs, naming the employer, employment agency, labor

  9  organization, or joint labor-management committee, or, in the

10  case of an alleged violation of s. 760.10(5), the person

11  responsible for the violation and describing the violation.

12  Any person aggrieved by a violation of s. 509.092 may file a

13  complaint with the commission within 365 days after of the

14  alleged violation occurs, naming the person responsible for

15  the violation and describing the violation.  The commission, a

16  commissioner, or the Attorney General may in like manner file

17  such a complaint.  On the same day the complaint is filed with

18  the commission, the commission shall clearly stamp on the face

19  of the complaint the date the complaint was filed with the

20  commission.  The complaint shall contain a short and plain

21  statement of the facts describing the violation and the relief

22  sought.  The commission may require additional information to

23  be in the complaint.  The commission, within 5 days after of

24  the complaint is being filed, shall by registered mail send a

25  copy of the complaint to the person who allegedly committed

26  the violation.  The person who allegedly committed the

27  violation must may file an answer to the complaint within 25

28  days after of the date the complaint was filed with the

29  commission.  Any answer filed shall be mailed to the aggrieved

30  person by the person filing the answer.  Both the complaint

31  and the answer must shall be verified.

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  1         (2)  If In the event that any other agency of the state

  2  or of any other unit of government of the state has

  3  jurisdiction of the subject matter of any complaint filed with

  4  the commission and has legal authority to investigate the

  5  complaint, the commission may refer the such complaint to the

  6  such agency for an investigation. Referral of such a complaint

  7  by the commission does shall not constitute agency action

  8  within the meaning of s. 120.52.  If a In the event of any

  9  referral is made under this subsection, the commission shall

10  accord substantial weight to any findings and conclusions of

11  any such agency.  The referral of a complaint by the

12  commission to a local agency does not divest the commission's

13  jurisdiction over the complaint.

14         (3)  Except as provided in subsection (2), the

15  commission shall investigate the allegations in the complaint.

16  Within 180 days after of the filing of the complaint is filed,

17  the commission shall determine if there is reasonable cause to

18  believe that discriminatory practice has occurred in violation

19  of the Florida Civil Rights Act of 1992.  When the commission

20  determines whether or not there is reasonable cause, the

21  commission by registered mail shall promptly notify the

22  aggrieved person and the respondent of the reasonable cause

23  determination, the date of such determination, and the options

24  available under this section.

25         (4)  If In the event that the commission determines

26  that there is reasonable cause to believe that a

27  discriminatory practice has occurred in violation of the

28  Florida Civil Rights Act of 1992, the aggrieved person may

29  either:

30         (a)  Bring a civil action against the person named in

31  the complaint in any court of competent jurisdiction; or

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  1         (b)  Request an administrative hearing under ss.

  2  120.569 and 120.57.

  3

  4  The election by the aggrieved person of filing a civil action

  5  or requesting an administrative hearing under this subsection

  6  is the exclusive procedure available to the aggrieved person

  7  pursuant to this act.

  8         (5)  In any civil action brought under this section,

  9  the court may issue an order prohibiting the discriminatory

10  practice and providing affirmative relief from the effects of

11  the practice, including back pay.  The court may also award

12  compensatory damages, including, but not limited to, damages

13  for mental anguish, loss of dignity, and any other intangible

14  injuries, and punitive damages.  Sections The provisions of

15  ss. 768.72 and 768.73 do not apply to this section.  The

16  judgment for the total amount of punitive damages awarded

17  under this section to an aggrieved person may shall not exceed

18  $100,000.  In any action or proceeding under this subsection,

19  the court, in its discretion, may allow the prevailing party a

20  reasonable attorney's fee as part of the costs.  It is the

21  intent of the Legislature that this provision for attorney's

22  fees be interpreted in a manner consistent with federal case

23  law involving a Title VII action. The right to trial by jury

24  is preserved in any such private right of action in which the

25  aggrieved person is seeking compensatory or punitive damages,

26  and any party may demand a trial by jury.  The commission's

27  determination of reasonable cause is not admissible into

28  evidence in any civil proceeding, including any hearing or

29  trial, except to establish for the court the right to maintain

30  the private right of action. A civil action brought under this

31  section must shall be commenced no later than 1 year after the

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  1  date of determination of reasonable cause by the commission.

  2  The commencement of such an action divests shall divest the

  3  commission of jurisdiction of the complaint, except that the

  4  commission may intervene in the civil action as a matter of

  5  right. Notwithstanding the above, the state and its agencies

  6  and subdivisions may shall not be held liable for punitive

  7  damages.  The total amount of recovery against the state and

  8  its agencies and subdivisions may shall not exceed the

  9  limitation as set forth in s. 768.28(5).

10         (6)  Any administrative hearing brought under pursuant

11  to paragraph (4)(b) must shall be conducted under ss. 120.569

12  and 120.57. The commission may hear the case provided that the

13  final order is issued by members of the commission who did not

14  conduct the hearing, or the commission may request that it be

15  heard by an administrative law judge pursuant to s.

16  120.569(2)(a).  If the commission elects to hear the case, it

17  may be heard by a commissioner.  If the commissioner, after

18  the hearing, finds that a violation of the Florida Civil

19  Rights Act of 1992 has occurred, the commissioner shall issue

20  an appropriate proposed order in accordance with chapter 120

21  prohibiting the practice and providing affirmative relief from

22  the effects of the practice, including back pay.  If the

23  administrative law judge, after the hearing, finds that a

24  violation of the Florida Civil Rights Act of 1992 has

25  occurred, the administrative law judge shall issue an

26  appropriate recommended order in accordance with chapter 120

27  prohibiting the practice and providing affirmative relief from

28  the effects of the practice, including back pay.  Within 90

29  days after of the date the recommended or proposed order is

30  rendered, the commission shall issue a final order by

31  adopting, rejecting, or modifying the recommended order as

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  1  provided under ss. 120.569 and 120.57. The 90-day period may

  2  be extended with the consent of all the parties. An

  3  administrative hearing under pursuant to paragraph (4)(b) must

  4  be requested no later than 35 days after the date of

  5  determination of reasonable cause by the commission.  In any

  6  action or proceeding under this subsection, the commission, in

  7  its discretion, may allow the prevailing party a reasonable

  8  attorney's fee as part of the costs.  It is the intent of the

  9  Legislature that this provision for attorney's fees be

10  interpreted in a manner consistent with federal case law

11  involving a Title VII action.

12         (7)  If the commission determines that there is not

13  reasonable cause to believe that a violation of the Florida

14  Civil Rights Act of 1992 has occurred, the commission shall

15  dismiss the complaint.  The aggrieved person may request an

16  administrative hearing under ss. 120.569 and 120.57, but any

17  such request must be made within 35 days after of the date of

18  determination of reasonable cause, and any such hearing must

19  shall be heard by an administrative law judge and not by the

20  commission or a commissioner.  If the aggrieved person does

21  not request an administrative hearing within the 35 days, the

22  claim will be barred.  If the administrative law judge finds

23  that a violation of the Florida Civil Rights Act of 1992 has

24  occurred, he or she shall issue an appropriate recommended

25  order to the commission prohibiting the practice and

26  recommending affirmative relief from the effects of the

27  practice, including back pay.  Within 90 days after of the

28  date the recommended order is rendered, the commission shall

29  issue a final order by adopting, rejecting, or modifying the

30  recommended order as provided under ss. 120.569 and 120.57.

31  The 90-day period may be extended with the consent of all the

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  1  parties.  In any action or proceeding under this subsection,

  2  the commission, in its discretion, may allow the prevailing

  3  party a reasonable attorney's fee as part of the costs.  It is

  4  the intent of the Legislature that this provision for

  5  attorney's fees be interpreted in a manner consistent with

  6  federal case law involving a Title VII action.  If In the

  7  event the final order issued by the commission determines that

  8  a violation of the Florida Civil Rights Act of 1992 has

  9  occurred, the aggrieved person may bring, within 1 year after

10  of the date of the final order, a civil action under

11  subsection (5) as if there has been a reasonable cause

12  determination or accept the affirmative relief offered by the

13  commission, but not both.

14         (8)  If In the event that the commission fails to

15  conciliate or determine whether there is reasonable cause on

16  any complaint under this section within 180 days after of the

17  filing of the complaint, an aggrieved person may proceed under

18  subsection (4), as if the commission had determined that there

19  was reasonable cause.

20         (9)  No liability for back pay shall accrue from a date

21  more than 2 years prior to the filing of a complaint with the

22  commission.

23         (10)  A judgment for the amount of damages and costs

24  assessed pursuant to a final order by the commission may be

25  entered in any court having jurisdiction thereof and may be

26  enforced as any other judgment.

27         (11)  If a complaint is within the jurisdiction of the

28  commission, the commission shall simultaneously with its other

29  statutory obligations attempt to eliminate or correct the

30  alleged discrimination by informal methods of conference,

31  conciliation, and persuasion.  Nothing said or done in the

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  1  course of such informal endeavors may be made public or used

  2  as evidence in a subsequent civil proceeding, trial, or

  3  hearing.  The commission may initiate dispute resolution

  4  procedures, including voluntary arbitration, by special

  5  masters or mediators.  The commission may adopt rules as to

  6  the qualifications of persons who may serve as special masters

  7  and mediators.

  8         (12)  All complaints filed with the commission and all

  9  records and documents in the custody of the commission, which

10  relate to and identify a particular person, including, but not

11  limited to, a complainant, employer, employment agency, labor

12  organization, or joint labor-management committee shall be

13  confidential and shall not be disclosed by the commission,

14  except to the parties or in the course of a hearing or

15  proceeding under this section. The restriction of this

16  subsection does shall not apply to any record or document that

17  which is part of the record of any hearing or court

18  proceeding.

19         (13)  Final orders of the commission are subject to

20  judicial review pursuant to s. 120.68.  The commission's

21  determination of reasonable cause is not final agency action

22  that is subject to judicial review. Unless specifically

23  ordered by the court, the commencement of an appeal does not

24  suspend or stay the order of the commission, except as

25  provided in the Rules of Appellate Procedure.  In any action

26  or proceeding under this subsection, the court, in its

27  discretion, may allow the prevailing party a reasonable

28  attorney's fee as part of the cost.  It is the intent of the

29  Legislature that this provision for attorney's fees be

30  interpreted in a manner consistent with federal case law

31  involving a Title VII action.  If In the event the order of

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  1  the court determines that a violation of the Florida Civil

  2  Rights Act of 1992 has occurred, the court shall remand the

  3  matter to the commission for appropriate relief.  The

  4  aggrieved party has the option to accept the relief offered by

  5  the commission or may bring, within 1 year after of the date

  6  of the court order, a civil action under subsection (5) as if

  7  there had has been a reasonable cause determination.

  8         (14)  The commission may adopt, promulgate, amend, and

  9  rescind rules to effectuate the purposes and policies of this

10  section and to govern the proceedings of the commission under

11  this section.

12         (15)  In any civil action or administrative proceeding

13  brought under pursuant to this section, a finding that a

14  person employed by the state or any governmental entity or

15  agency has violated s. 760.10 shall as a matter of law

16  constitute just or substantial cause for such person's

17  discharge.

18         Section 7.  This act shall take effect upon becoming a

19  law.

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  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Fair Pay Act."  Revises and creates various
  4    provisions of the "Florida Civil Rights Act of 1992" to:

  5
      1.  Provide that the Florida Commission on Human
  6    Relations establish guidelines that specify criteria for
      determining whether particular jobs are dominated by
  7    employees of a particular sex, race, or national origin.

  8
      2.  Provide clarifying language with respect to
  9    discrimination against individuals in compensation,
      terms, conditions, or privileges of employment which
10    constitutes an unlawful employment practice.

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      3.  Provide specified wage disclosure, recordkeeping, and
12    reporting requirements of employers and provide
      administrative and civil remedies for violation of the
13    requirements.

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