Senate Bill sb0154
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Florida Senate - 2001 SB 154
By Senator Dawson
30-79-01
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 governing discrimination against individuals
10 with respect to compensation, terms,
11 conditions, or privileges of employment which
12 constitutes an unlawful employment practice;
13 providing administrative and civil remedies;
14 creating s. 760.105, F.S.; specifying wage
15 disclosure, recordkeeping, and reporting
16 requirements; providing for relief and damages
17 for violations; amending s. 760.11, F.S.,
18 relating to administrative and civil remedies
19 under the Florida Civil Rights Act of 1992;
20 including s. 760.105, F.S., within the scope of
21 the act; providing an effective date.
22
23 WHEREAS, despite federal and state laws banning
24 discrimination in employment and pay in both the public and
25 private sectors, wage differentials persist between women and
26 men and between minorities and nonminorities in the same jobs
27 and in jobs that are dissimilar but that require equivalent
28 composites of skill, effort, responsibility, and working
29 conditions, and
30 WHEREAS, the existence of such wage differentials
31 depresses wages and living standards for employees which
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1 necessarily contribute to their health and efficiency, reduces
2 family incomes and contributes to higher poverty rates among
3 households headed by females and minority households, prevents
4 the maximum utilization of available labor resources, and
5 tends to cause labor disputes, thereby burdening, affecting,
6 and obstructing commerce, and
7 WHEREAS, the Florida Civil Rights Act of 1992, sections
8 760.01-760.11, Florida Statutes, states that it is an unlawful
9 employment practice for an employer "to discriminate against
10 any individual with respect to compensation, terms,
11 conditions, or privileges of employment because of such
12 individual's race, color, religion, sex, national origin, age,
13 handicap, or marital status," and
14 WHEREAS, discrimination in wage setting-practices has
15 played a role in depressing wages for women and minorities
16 generally, and
17 WHEREAS, many individuals work in occupations that are
18 dominated by individuals of their own sex, race, or national
19 origin, and discrimination in hiring, job assignments, and
20 promotion has played a role in establishing and maintaining
21 segregated work forces, and
22 WHEREAS, eliminating discrimination in compensation
23 based on sex, race, and national origin would have positive
24 effects, including providing a solution to problems in the
25 economy created by discriminatory wage differentials, reducing
26 the number of working women and people of color earning low
27 wages, thereby lowering their incidence of poverty during
28 normal working years and in retirement, and promoting stable
29 families by raising family incomes, and
30 WHEREAS, it is the purpose of this act to correct and
31 as rapidly as practicable eliminate discriminatory wage
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1 practices based on sex, race, color, religion, national
2 origin, age, handicap, or marital status, NOW, THEREFORE,
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. This act may be cited as the "Fair Pay
7 Act."
8 Section 2. Section 760.02, Florida Statutes, is
9 amended to read:
10 760.02 Definitions.--For the purposes of ss.
11 760.01-760.11 and 509.092, the term:
12 (1) "Aggrieved person" means any person who files a
13 complaint with the Human Relations Commission. "Florida Civil
14 Rights Act of 1992" means ss. 760.01-760.11 and 509.092.
15 (2) "Commission" means the Florida Commission on Human
16 Relations created by s. 760.03.
17 (3) "Commissioner" or "member" means a member of the
18 commission.
19 (4) "Discriminatory practice" means any practice made
20 unlawful by the Florida Civil Rights Act of 1992.
21 (5) "Employ" means to suffer or permit to work.
22 (6) "Employee" means any person employed by an
23 employer and includes all of an employer's permanent
24 employees, whether working full-time or part-time, and any
25 temporary employee employed by an employer for a period of at
26 least 3 months. The term does not include any person employed
27 by his or her parents, spouse, or child.
28 (5) "National origin" includes ancestry.
29 (6) "Person" includes an individual, association,
30 corporation, joint apprenticeship committee, joint-stock
31 company, labor union, legal representative, mutual company,
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1 partnership, receiver, trust, trustee in bankruptcy, or
2 unincorporated organization; any other legal or commercial
3 entity; the state; or any governmental entity or agency.
4 (7) "Employer" means any person employing 15 or more
5 employees for each working day in each of 20 or more calendar
6 weeks in the current or preceding calendar year, and any agent
7 of such a person.
8 (8) "Employment agency" means any person regularly
9 undertaking, with or without compensation, to procure
10 employees for an employer or to procure for employees
11 opportunities to work for an employer, and includes an agent
12 of such a person.
13 (9) "Equivalent jobs" means jobs or occupations that
14 are equal within the meaning of the Equal Pay Act of 1963, 39
15 U.S.C. 206(d), or jobs or occupations that are dissimilar but
16 whose requirements are equivalent in terms of skills, effort,
17 responsibility, and working conditions.
18 (10) "Florida Civil Rights Act of 1992" means ss.
19 760.01-760.11 and s. 509.092.
20 (11)(9) "Labor organization" means any organization
21 that which exists for the purpose, in whole or in part, of
22 collective bargaining or of dealing with employers concerning
23 grievances, terms or conditions of employment, or other mutual
24 aid or protection in connection with employment.
25 (12) "National origin" includes ancestry.
26 (13) "Person" includes an individual, association,
27 corporation, joint apprenticeship committee, joint-stock
28 company, labor union, legal representative, mutual company,
29 partnership, receiver, trust, trustee in bankruptcy, or
30 unincorporated organization; any other legal or commercial
31 entity; the state; or any governmental entity or agency.
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1 (14) "Wages" or "wage rates" means all compensation in
2 any form which an employer provides to employees in payment
3 for work performed or services rendered, including, without
4 limitation, base pay, bonuses, commissions, awards, tips, or
5 various forms of nonmonetary compensation if provided in lieu
6 of or in addition to monetary compensation, and which has
7 economic value to an employee.
8 (10) "Aggrieved person" means any person who files a
9 complaint with the Human Relations Commission.
10 Section 3. Section 760.06, Florida Statutes, is
11 amended to read:
12 760.06 Powers of the commission.--Within the
13 limitations provided by law, the commission shall have the
14 following powers:
15 (1) To maintain offices in the State of Florida.
16 (2) To meet and exercise its powers at any place
17 within the state.
18 (3) To promote the creation of, and to provide
19 continuing technical assistance to, local commissions on human
20 relations and to cooperate with individuals and state, local,
21 and other agencies, both public and private, including
22 agencies of the Federal Government and of other states.
23 (4) To accept gifts, bequests, grants, or other
24 payments, public or private, to help finance its activities.
25 (5) To receive, initiate, investigate, seek to
26 conciliate, hold hearings on, and act upon complaints alleging
27 any discriminatory practice, as defined by the Florida Civil
28 Rights Act of 1992.
29 (6) To issue subpoenas for, administer oaths or
30 affirmations to and compel the attendance and testimony of
31 witnesses or to issue subpoenas for and compel the production
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1 of books, papers, records, documents, and other evidence
2 pertaining to any investigation or hearing convened pursuant
3 to the powers of the commission. In conducting an
4 investigation, the commission and its investigators shall have
5 access at all reasonable times to premises, records,
6 documents, and other evidence or possible sources of evidence
7 and may examine, record, and copy such materials and take and
8 record the testimony or statements of such persons as are
9 reasonably necessary for the furtherance of the investigation.
10 The authority to issue subpoenas and administer oaths may be
11 delegated by the commission, for investigations or hearings,
12 to a commissioner or the executive director. In the case of a
13 refusal to obey a subpoena issued to any person, the
14 commission may make application to any circuit court of this
15 state, which shall have jurisdiction to order the witness to
16 appear before the commission to give testimony and to produce
17 evidence concerning the matter in question. Failure to obey
18 the court's order may be punished by the court as contempt. If
19 the court enters an order holding a person in contempt or
20 compelling the person to comply with the commission's order or
21 subpoena, the court shall order the person to pay the
22 commission reasonable expenses, including reasonable
23 attorneys' fees, accrued by the commission in obtaining the
24 order from the court.
25 (7) To recommend methods for elimination of
26 discrimination and intergroup tensions and to use its best
27 efforts to secure compliance with its recommendations.
28 (8) To furnish technical assistance requested by
29 persons to facilitate progress in human relations.
30 (9) To make or arrange for studies appropriate to
31 effectuate the purposes and policies of the Florida Civil
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1 Rights Act of 1992 and to make the results thereof available
2 to the public.
3 (10) To become a deferral agency for the Federal
4 Government and to comply with the necessary federal
5 regulations to effect the Florida Civil Rights Act of 1992.
6 (11) To render, at least annually, a comprehensive
7 written report to the Governor and the Legislature. The report
8 may contain recommendations of the commission for legislation
9 or other action to effectuate the purposes and policies of the
10 Florida Civil Rights Act of 1992.
11 (12) To adopt, promulgate, amend, and rescind rules
12 pursuant to ss. 120.54 and 120.536(1) to effectuate the
13 purposes and policies of the Florida Civil Rights Act of 1992
14 and govern the proceedings of the commission, in accordance
15 with chapter 120. Such rules must include guidelines that
16 specify the criteria for determining whether a job is
17 dominated by employees of a particular sex, race, or national
18 origin for purposes of the wage disclosure, recordkeeping, and
19 reporting requirements of s. 760.105. Such criteria must
20 include, but need not be limited to, factors such as whether a
21 job has ever been formally classified as, or traditionally
22 considered to be, a "male" or "female" job, or a "white" or
23 "minority" job; whether there is a history of discrimination
24 against women or people of color, or both, with regard to
25 wages, assignment or access to jobs, or other terms and
26 conditions of employment; and the demographic composition of
27 the workforce in equivalent jobs, which may include the
28 numbers or percentages of women, men, Caucasians, and people
29 of color working in equivalent jobs. The guidelines must not
30 include a list of jobs.
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1 (13) To receive complaints and coordinate all
2 activities as required by the Whistle-blower's Act pursuant to
3 ss. 112.3187-112.31895.
4 Section 4. Section 760.10, Florida Statutes, is
5 amended to read:
6 760.10 Unlawful employment practices.--
7 (1) It is an unlawful employment practice for an
8 employer:
9 (a) To discharge or to fail or refuse to hire any
10 individual, or otherwise to discriminate against any
11 individual with respect to compensation, terms, conditions, or
12 privileges of employment, because of such individual's race,
13 color, religion, sex, national origin, age, handicap, or
14 marital status. This paragraph must be construed to cover any
15 discrimination by an employer between employees on the basis
16 of sex, race, color, religion, national origin, age, handicap,
17 or marital status by the payment of wages to employees at a
18 rate less than the rate at which an employer pays wages to
19 employees of the opposite sex, of a different race, color,
20 religion, national origin, age, or marital status, or without
21 handicap for equal work on jobs the performance of which
22 requires equal skill, effort, and responsibility and which are
23 performed under similar working conditions.
24 (b) To limit, segregate, or classify employees or
25 applicants for employment in any way which would deprive or
26 tend to deprive any individual of employment opportunities, or
27 adversely affect any individual's status as an employee,
28 because of such individual's race, color, religion, sex,
29 national origin, age, handicap, or marital status.
30 (2) It is an unlawful employment practice for an
31 employment agency to fail or refuse to refer for employment,
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1 or otherwise to discriminate against, any individual because
2 of race, color, religion, sex, national origin, age, handicap,
3 or marital status or to classify or refer for employment any
4 individual on the basis of race, color, religion, sex,
5 national origin, age, handicap, or marital status.
6 (3) It is an unlawful employment practice for a labor
7 organization:
8 (a) To exclude or to expel from its membership, or
9 otherwise to discriminate against, any individual because of
10 race, color, religion, sex, national origin, age, handicap, or
11 marital status.
12 (b) To limit, segregate, or classify its membership or
13 applicants for membership, or to classify or fail or refuse to
14 refer for employment any individual, in any way which would
15 deprive or tend to deprive any individual of employment
16 opportunities, or adversely affect any individual's status as
17 an employee or as an applicant for employment, because of such
18 individual's race, color, religion, sex, national origin, age,
19 handicap, or marital status.
20 (c) To cause or attempt to cause an employer to
21 discriminate against an individual in violation of this
22 section.
23 (4) It is an unlawful employment practice for any
24 employer, labor organization, or joint labor-management
25 committee controlling apprenticeship or other training or
26 retraining, including on-the-job training programs, to
27 discriminate against any individual because of race, color,
28 religion, sex, national origin, age, handicap, or marital
29 status in admission to, or employment in, any program
30 established to provide apprenticeship or other training.
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1 (5) Whenever, in order to engage in a profession,
2 occupation, or trade, it is required that a person receive a
3 license, certification, or other credential, become a member
4 or an associate of any club, association, or other
5 organization, or pass any examination, it is an unlawful
6 employment practice for any person to discriminate against any
7 other person seeking such license, certification, or other
8 credential, seeking to become a member or associate of such
9 club, association, or other organization, or seeking to take
10 or pass such examination, because of such other person's race,
11 color, religion, sex, national origin, age, handicap, or
12 marital status.
13 (6) It is an unlawful employment practice for an
14 employer, labor organization, employment agency, or joint
15 labor-management committee to print, or cause to be printed or
16 published, any notice or advertisement relating to employment,
17 membership, classification, referral for employment, or
18 apprenticeship or other training, indicating any preference,
19 limitation, specification, or discrimination, based on race,
20 color, religion, sex, national origin, age, absence of
21 handicap, or marital status.
22 (7) It is an unlawful employment practice for an
23 employer, an employment agency, a joint labor-management
24 committee, or a labor organization to discriminate against any
25 person because that person has opposed any practice which is
26 an unlawful employment practice under this section, or because
27 that person has made a charge, testified, assisted, or
28 participated in any manner in an investigation, proceeding, or
29 hearing under this section.
30 (8) Notwithstanding any other provision of this
31 section, it is not an unlawful employment practice under ss.
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1 760.01-760.10 for an employer, employment agency, labor
2 organization, or joint labor-management committee to:
3 (a) Take or fail to take any action on the basis of
4 religion, sex, national origin, age, handicap, or marital
5 status in those certain instances in which religion, sex,
6 national origin, age, absence of a particular handicap, or
7 marital status is a bona fide occupational qualification
8 reasonably necessary for the performance of the particular
9 employment to which such action or inaction is related.
10 (b) Observe the terms of a bona fide seniority system,
11 a bona fide employee benefit plan such as a retirement,
12 pension, or insurance plan, or a system which measures
13 earnings by quantity or quality of production, which is not
14 designed, intended, or used to evade the purposes of ss.
15 760.01-760.10. However, no such employee benefit plan or
16 system which measures earnings shall excuse the failure to
17 hire, and no such seniority system, employee benefit plan, or
18 system which measures earnings shall excuse the involuntary
19 retirement of, any individual on the basis of any factor not
20 related to the ability of such individual to perform the
21 particular employment for which such individual has applied or
22 in which such individual is engaged. This subsection shall
23 not be construed to make unlawful the rejection or termination
24 of employment when the individual applicant or employee has
25 failed to meet bona fide requirements for the job or position
26 sought or held or to require any changes in any bona fide
27 retirement or pension programs or existing collective
28 bargaining agreements during the life of the contract, or for
29 2 years after October 1, 1981, whichever occurs first, nor
30 shall this act preclude such physical and medical examinations
31 of applicants and employees as an employer may require of
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1 applicants and employees to determine fitness for the job or
2 position sought or held.
3 (c) Take or fail to take any action on the basis of
4 age, pursuant to law or regulation governing any employment or
5 training program designed to benefit persons of a particular
6 age group.
7 (d) Take or fail to take any action on the basis of
8 marital status if that status is prohibited under its
9 antinepotism policy.
10 (9) This section shall not apply to any religious
11 corporation, association, educational institution, or society
12 which conditions opportunities in the area of employment or
13 public accommodation to members of that religious corporation,
14 association, educational institution, or society or to persons
15 who subscribe to its tenets or beliefs. This section shall
16 not prohibit a religious corporation, association, educational
17 institution, or society from giving preference in employment
18 to individuals of a particular religion to perform work
19 connected with the carrying on by such corporations,
20 associations, educational institutions, or societies of its
21 various activities.
22 (10) Each employer, employment agency, and labor
23 organization shall post and keep posted in conspicuous places
24 upon its premises a notice provided by the commission setting
25 forth such information as the commission deems appropriate to
26 effectuate the purposes of ss. 760.01-760.10.
27 Section 5. Section 760.105, Florida Statutes, is
28 created to read:
29 760.105 Wage disclosure; recordkeeping and reporting
30 requirements.--
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1 (1) Upon commencement of an individual's employment
2 and at least annually thereafter, each employer subject to the
3 Florida Civil Rights Act of 1992 shall provide to each
4 employee a written statement sufficient to inform the employee
5 of his or her job title, wage rate, and the manner or method
6 in which the wage is calculated. This notice must be
7 supplemented whenever an employee is promoted or reassigned to
8 a different position with the employer; however, the employer
9 need not issue supplemental notifications for temporary
10 reassignments that are no greater than 3 months in duration.
11 (2) Each employer subject to the Florida Civil Rights
12 Act of 1992 shall make and preserve records that document the
13 wages paid to employees and that document and support the
14 method, system, calculations, and other bases used to
15 establish, adjust, and determine the wage rates paid to the
16 employer's employees and shall preserve such records for such
17 periods of time and shall make such reports from the records
18 in accordance with rules adopted by the commission as provided
19 under s. 760.06(12).
20 (3) Rules adopted under s. 760.06(12) which relate to
21 the form of reports required by subsection (2) must require
22 confidentiality concerning employees' identities, and must
23 expressly require that reports may not include the names or
24 other identifying information from which readers could discern
25 the identities of employees. The rules may also identify
26 circumstances that warrant a prohibition on disclosure of
27 reports or information identifying the employer.
28 (4) The commission may use the information and data it
29 collects under subsection (2) for statistical and research
30 purposes and may compile and publish such studies, analyses,
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1 reports, and surveys based on the information and data that it
2 considers appropriate.
3 (5) A violation of the wage disclosure, recordkeeping,
4 or reporting requirements under this section by any employer
5 who is subject to this section gives rise to a cause of action
6 for all relief and damages described in s. 760.11(5), unless
7 greater damages are expressly provided for.
8 Section 6. Section 760.11, Florida Statutes, is
9 amended to read:
10 760.11 Administrative and civil remedies;
11 construction.--
12 (1) Any person aggrieved by a violation of ss.
13 760.01-760.105 ss. 760.01-760.10 may file a complaint with the
14 commission within 365 days after of the alleged violation
15 occurs, naming the employer, employment agency, labor
16 organization, or joint labor-management committee, or, in the
17 case of an alleged violation of s. 760.10(5), the person
18 responsible for the violation and describing the violation.
19 Any person aggrieved by a violation of s. 509.092 may file a
20 complaint with the commission within 365 days after of the
21 alleged violation occurs, naming the person responsible for
22 the violation and describing the violation. The commission, a
23 commissioner, or the Attorney General may in like manner file
24 such a complaint. On the same day the complaint is filed with
25 the commission, the commission shall clearly stamp on the face
26 of the complaint the date the complaint was filed with the
27 commission. The complaint shall contain a short and plain
28 statement of the facts describing the violation and the relief
29 sought. The commission may require additional information to
30 be in the complaint. The commission, within 5 days after of
31 the complaint is being filed, shall by registered mail send a
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1 copy of the complaint to the person who allegedly committed
2 the violation. The person who allegedly committed the
3 violation must may file an answer to the complaint within 25
4 days after of the date the complaint was filed with the
5 commission. Any answer filed shall be mailed to the aggrieved
6 person by the person filing the answer. Both the complaint
7 and the answer must shall be verified.
8 (2) If In the event that any other agency of the state
9 or of any other unit of government of the state has
10 jurisdiction of the subject matter of any complaint filed with
11 the commission and has legal authority to investigate the
12 complaint, the commission may refer the such complaint to the
13 such agency for an investigation. Referral of such a complaint
14 by the commission does shall not constitute agency action
15 within the meaning of s. 120.52. If a In the event of any
16 referral is made under this subsection, the commission shall
17 accord substantial weight to any findings and conclusions of
18 any such agency. The referral of a complaint by the
19 commission to a local agency does not divest the commission's
20 jurisdiction over the complaint.
21 (3) Except as provided in subsection (2), the
22 commission shall investigate the allegations in the complaint.
23 Within 180 days after of the filing of the complaint is filed,
24 the commission shall determine whether if there is reasonable
25 cause to believe that discriminatory practice has occurred in
26 violation of the Florida Civil Rights Act of 1992. When the
27 commission determines Whether or not the commission finds
28 there is reasonable cause, it the commission by registered
29 mail shall promptly notify by registered mail the aggrieved
30 person and the respondent of its the reasonable cause
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1 determination, the date of that such determination, and the
2 options available to the aggrieved person under this section.
3 (4) If In the event that the commission finds
4 determines that there is reasonable cause to believe that a
5 discriminatory practice has occurred in violation of the
6 Florida Civil Rights Act of 1992, the aggrieved person may
7 either:
8 (a) Bring a civil action against the person named in
9 the complaint in any court of competent jurisdiction; or
10 (b) Request an administrative hearing under ss.
11 120.569 and 120.57.
12
13 The election by the aggrieved person of filing a civil action
14 or requesting an administrative hearing under this subsection
15 is the exclusive procedure available to the aggrieved person
16 pursuant to this act.
17 (5) In any civil action brought under this section,
18 the court may issue an order prohibiting the discriminatory
19 practice and providing affirmative relief from the effects of
20 the practice, including back pay. The court may also award
21 compensatory damages, including, but not limited to, damages
22 for mental anguish, loss of dignity, and any other intangible
23 injuries, and punitive damages. Sections The provisions of
24 ss. 768.72 and 768.73 do not apply to this section. The
25 judgment for the total amount of punitive damages awarded
26 under this section to an aggrieved person may shall not exceed
27 $100,000. In any action or proceeding under this subsection,
28 the court, in its discretion, may allow the prevailing party a
29 reasonable attorney's fee as part of the costs. It is the
30 intent of the Legislature that this provision for attorney's
31 fees be interpreted in a manner consistent with federal case
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1 law involving a Title VII action. The right to trial by jury
2 is preserved in any such private right of action in which the
3 aggrieved person is seeking compensatory or punitive damages,
4 and any party may demand a trial by jury. The commission's
5 determination of reasonable cause is not admissible into
6 evidence in any civil proceeding, including any hearing or
7 trial, except to establish for the court the right to maintain
8 the private right of action. A civil action brought under this
9 section must shall be commenced no later than 1 year after the
10 date of determination of reasonable cause by the commission.
11 The commencement of such an action divests shall divest the
12 commission of jurisdiction of the complaint, except that the
13 commission may intervene in the civil action as a matter of
14 right. Notwithstanding the above, the state and its agencies
15 and subdivisions may shall not be held liable for punitive
16 damages. The total amount of recovery against the state and
17 its agencies and subdivisions may shall not exceed the
18 limitation as set forth in s. 768.28(5).
19 (6) Any administrative hearing brought under pursuant
20 to paragraph (4)(b) must shall be conducted under ss. 120.569
21 and 120.57. The commission may hear the case provided that the
22 final order is issued by members of the commission who did not
23 conduct the hearing, or the commission may request that it be
24 heard by an administrative law judge pursuant to s.
25 120.569(2)(a). If the commission elects to hear the case, it
26 may be heard by a commissioner. If the commissioner, after
27 the hearing, finds that a violation of the Florida Civil
28 Rights Act of 1992 has occurred, the commissioner shall issue
29 an appropriate proposed order in accordance with chapter 120
30 prohibiting the practice and providing affirmative relief from
31 the effects of the practice, including back pay. If the
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1 administrative law judge, after the hearing, finds that a
2 violation of the Florida Civil Rights Act of 1992 has
3 occurred, the administrative law judge shall issue an
4 appropriate recommended order in accordance with chapter 120
5 prohibiting the practice and providing affirmative relief from
6 the effects of the practice, including back pay. Within 90
7 days after of the date the recommended or proposed order is
8 rendered, the commission shall issue a final order by
9 adopting, rejecting, or modifying the recommended order as
10 provided under ss. 120.569 and 120.57. The 90-day period may
11 be extended with the consent of all the parties. An
12 administrative hearing under pursuant to paragraph (4)(b) must
13 be requested no later than 35 days after the date of
14 determination of reasonable cause by the commission. In any
15 action or proceeding under this subsection, the commission, in
16 its discretion, may allow the prevailing party a reasonable
17 attorney's fee as part of the costs. It is the intent of the
18 Legislature that this provision for attorney's fees be
19 interpreted in a manner consistent with federal case law
20 involving a Title VII action.
21 (7) If the commission determines that there is not
22 reasonable cause to believe that a violation of the Florida
23 Civil Rights Act of 1992 has occurred, the commission shall
24 dismiss the complaint. The aggrieved person may request an
25 administrative hearing under ss. 120.569 and 120.57, but any
26 such request must be made within 35 days after of the date of
27 determination of reasonable cause, and any such hearing must
28 shall be heard by an administrative law judge and not by the
29 commission or a commissioner. If the aggrieved person does
30 not request an administrative hearing within the 35 days, the
31 claim will be barred. If the administrative law judge finds
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1 that a violation of the Florida Civil Rights Act of 1992 has
2 occurred, he or she shall issue an appropriate recommended
3 order to the commission prohibiting the practice and
4 recommending affirmative relief from the effects of the
5 practice, including back pay. Within 90 days after of the
6 date the recommended order is rendered, the commission shall
7 issue a final order by adopting, rejecting, or modifying the
8 recommended order as provided under ss. 120.569 and 120.57.
9 The 90-day period may be extended with the consent of all the
10 parties. In any action or proceeding under this subsection,
11 the commission, in its discretion, may allow the prevailing
12 party a reasonable attorney's fee as part of the costs. It is
13 the intent of the Legislature that this provision for
14 attorney's fees be interpreted in a manner consistent with
15 federal case law involving a Title VII action. If In the
16 event the final order issued by the commission determines that
17 a violation of the Florida Civil Rights Act of 1992 has
18 occurred, the aggrieved person may bring, within 1 year after
19 of the date of the final order, a civil action under
20 subsection (5) as if there has been a reasonable cause
21 determination or accept the affirmative relief offered by the
22 commission, but not both.
23 (8) If In the event that the commission fails to
24 conciliate or determine whether there is reasonable cause on
25 any complaint under this section within 180 days after of the
26 filing of the complaint, an aggrieved person may proceed under
27 subsection (4), as if the commission had determined that there
28 was reasonable cause.
29 (9) No Liability for back pay may not shall accrue
30 from a date more than 2 years prior to the filing of a
31 complaint with the commission.
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Florida Senate - 2001 SB 154
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1 (10) A judgment for the amount of damages and costs
2 assessed pursuant to a final order by the commission may be
3 entered in any court having jurisdiction thereof and may be
4 enforced as any other judgment.
5 (11) If a complaint is within the jurisdiction of the
6 commission, the commission shall simultaneously with its other
7 statutory obligations attempt to eliminate or correct the
8 alleged discrimination by informal methods of conference,
9 conciliation, and persuasion. Nothing said or done in the
10 course of such informal endeavors may be made public or used
11 as evidence in a subsequent civil proceeding, trial, or
12 hearing. The commission may initiate dispute resolution
13 procedures, including voluntary arbitration, by special
14 masters or mediators. The commission may adopt rules as to
15 the qualifications of persons who may serve as special masters
16 and mediators.
17 (12) All complaints filed with the commission and all
18 records and documents in the custody of the commission, which
19 relate to and identify a particular person, including, but not
20 limited to, a complainant, employer, employment agency, labor
21 organization, or joint labor-management committee, shall be
22 confidential and shall not be disclosed by the commission,
23 except to the parties or in the course of a hearing or
24 proceeding under this section. The restriction of This
25 subsection does shall not apply to any record or document that
26 which is part of the record of any hearing or court
27 proceeding.
28 (13) Final orders of the commission are subject to
29 judicial review pursuant to s. 120.68. The commission's
30 determination of reasonable cause is not final agency action
31 that is subject to judicial review. Unless specifically
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Florida Senate - 2001 SB 154
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1 ordered by the court, the commencement of an appeal does not
2 suspend or stay the order of the commission, except as
3 provided in the Rules of Appellate Procedure. In any action
4 or proceeding under this subsection, the court, in its
5 discretion, may allow the prevailing party as part of the cost
6 a reasonable attorney's fee as part of the cost. It is the
7 intent of the Legislature that this provision for attorney's
8 fees be interpreted in a manner consistent with federal case
9 law involving a Title VII action. If In the event the order
10 of the court determines that a violation of the Florida Civil
11 Rights Act of 1992 has occurred, the court shall remand the
12 matter to the commission for appropriate relief. The
13 aggrieved party has the option to accept the relief offered by
14 the commission or may bring, within 1 year after of the date
15 of the court order, a civil action under subsection (5) as if
16 there had has been a reasonable cause determination.
17 (14) The commission may adopt, promulgate, amend, and
18 rescind rules to effectuate the purposes and policies of this
19 section and to govern the proceedings of the commission under
20 this section.
21 (15) In any civil action or administrative proceeding
22 brought under pursuant to this section, a finding that a
23 person employed by the state or any governmental entity or
24 agency has violated s. 760.10 shall as a matter of law
25 constitute just or substantial cause for such person's
26 discharge.
27 Section 7. This act shall take effect upon becoming a
28 law.
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Florida Senate - 2001 SB 154
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2 SENATE SUMMARY
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Creates the "Fair Pay Act." Revises and creates various
4 provisions of the "Florida Civil Rights Act of 1992" to:
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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.
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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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