Florida 2022 Regular Session

Florida House Bill H0853 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to unlawful employment practices; 2
16	16	amending s. 760.10, F.S.; revising the unlawful 3
17	17	employment practices in the Florida Civil Rights Act 4
18	18	of 1992 to include discriminatory practices relating 5
19	19	to military status; reenacting s. 760.11(1) and (15) , 6
20	20	F.S., relating to administrative and civil remedies, 7
21	21	to incorporate the amendment made to s. 760.10, F.S., 8
22	22	in references thereto ; providing an effective date. 9
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24	24	Be It Enacted by the Legislature of the State of Florida: 11
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26	26	Section 1. Subsections (1) and (2), paragraphs (a) and (b) 13
27	27	of subsection (3), subsections (4), (5), and (6), and paragraph 14
28	28	(a) of subsection (8) of section 760.10, Florida Statutes, are 15
29	29	amended to read: 16
30	30	760.10 Unlawful employment practices. — 17
31	31	(1) It is an unlawful employment prac tice for an employer: 18
32	32	(a) To discharge or to fail or refuse to hire any 19
33	33	individual, or otherwise to discriminate against any individual 20
34	34	with respect to compensation, terms, conditions, or privileges 21
35	35	of employment, because of such individual's race, color , 22
36	36	religion, sex, pregnancy, national origin, age, handicap, 23
37	37	military status, or marital status. 24
38	38	(b) To limit, segregate, or classify employees or 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	applicants for employment in any way which would deprive or tend 26
52	52	to deprive any individual of employment opp ortunities, or 27
53	53	adversely affect any individual's status as an employee, because 28
54	54	of such individual's race, color, religion, sex, pregnancy, 29
55	55	national origin, age, handicap, military status, or marital 30
56	56	status. 31
57	57	(2) It is an unlawful employment practice for an 32
58	58	employment agency to fail or refuse to refer for employment, or 33
59	59	otherwise to discriminate against, any individual because of 34
60	60	race, color, religion, sex, pregnancy, national origin, age, 35
61	61	handicap, military status, or marital status or to classify or 36
62	62	refer for employment any individual on the basis of race, color, 37
63	63	religion, sex, pregnancy, national origin, age, handicap, 38
64	64	military status, or marital status. 39
65	65	(3) It is an unlawful employment practice for a labor 40
66	66	organization: 41
67	67	(a) To exclude or to expel fr om its membership, or 42
68	68	otherwise to discriminate against, any individual because of 43
69	69	race, color, religion, sex, pregnancy, national origin, age, 44
70	70	handicap, military status, or marital status. 45
71	71	(b) To limit, segregate, or classify its membership or 46
72	72	applicants for membership, or to classify or fail or refuse to 47
73	73	refer for employment any individual, in any way that would 48
74	74	deprive or tend to deprive any individual of employment 49
75	75	opportunities, or adversely affect any individual's status as an 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	employee or as an appl icant for employment, because of such 51
89	89	individual's race, color, religion, sex, pregnancy, national 52
90	90	origin, age, handicap, military status, or marital status. 53
91	91	(4) It is an unlawful employment practice for any 54
92	92	employer, labor organization, or joint labor -management 55
93	93	committee controlling apprenticeship or other training or 56
94	94	retraining, including on -the-job training programs, to 57
95	95	discriminate against any individual because of race, color, 58
96	96	religion, sex, pregnancy, national origin, age, handicap, 59
97	97	military status, or marital status in admission to, or 60
98	98	employment in, any program established to provide apprenticeship 61
99	99	or other training. 62
100	100	(5) Whenever, in order to engage in a profession, 63
101	101	occupation, or trade, it is required that a person receive a 64
102	102	license, certification, or other credential, become a member or 65
103	103	an associate of any club, association, or other organization, or 66
104	104	pass any examination, it is an unlawful employment practice for 67
105	105	any person to discriminate against any other person seeking such 68
106	106	license, certification, or other credential, seeking to become a 69
107	107	member or associate of such club, association, or other 70
108	108	organization, or seeking to take or pass such examination, 71
109	109	because of such other person's race, color, religion, sex, 72
110	110	pregnancy, national origin, age, h andicap, military status, or 73
111	111	marital status. 74
112	112	(6) It is an unlawful employment practice for an employer, 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	labor organization, employment agency, or joint labor -management 76
126	126	committee to print, or cause to be printed or published, any 77
127	127	notice or advertisement relating to employment, membership, 78
128	128	classification, referral for employment, or apprenticeship or 79
129	129	other training, indicating any preference, limitation, 80
130	130	specification, or discrimination, based on race, color, 81
131	131	religion, sex, pregnancy, national origin, age, absence of 82
132	132	handicap, military status, or marital status. 83
133	133	(8) Notwithstanding any other provision of this section, 84
134	134	it is not an unlawful employment practice under ss. 760.01 -85
135	135	760.10 for an employer, employment agency, labor organization, 86
136	136	or joint labor-management committee to: 87
137	137	(a) Take or fail to take any action on the basis of 88
138	138	religion, sex, pregnancy, national origin, age, handicap, 89
139	139	military status, or marital status in those certain instances in 90
140	140	which religion, sex, condition of pregnancy, nat ional origin, 91
141	141	age, absence of a particular handicap, military status, or 92
142	142	marital status is a bona fide occupational qualification 93
143	143	reasonably necessary for the performance of the particular 94
144	144	employment to which such action or inaction is related. 95
145	145	Section 2. For the purpose of incorporating the amendment 96
146	146	made by this act to section 760.10, Florida Statutes, in 97
147	147	references thereto, subsections (1) and (15) of section 760.11, 98
148	148	Florida Statutes, are reenacted to read: 99
149	149	760.11 Administrative and civil remedies; construction.— 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	(1) Any person aggrieved by a violation of ss. 760.01 -101
163	163	760.10 may file a complaint with the commission within 365 days 102
164	164	of the alleged violation, naming the employer, employment 103
165	165	agency, labor organization, or joint labor -management committee, 104
166	166	or, in the case of an alleged violation of s. 760.10(5), the 105
167	167	person responsible for the violation and describing the 106
168	168	violation. Any person aggrieved by a violation of s. 509.092 may 107
169	169	file a complaint with the commission within 365 days of the 108
170	170	alleged violation naming the person responsible for the 109
171	171	violation and describing the violation. The commission, a 110
172	172	commissioner, or the Attorney General may in like manner file 111
173	173	such a complaint. On the same day the complaint is filed with 112
174	174	the commission, the commissio n shall clearly stamp on the face 113
175	175	of the complaint the date the complaint was filed with the 114
176	176	commission. In lieu of filing the complaint with the commission, 115
177	177	a complaint under this section may be filed with the federal 116
178	178	Equal Employment Opportunity Commissi on or with any unit of 117
179	179	government of the state which is a fair -employment-practice 118
180	180	agency under 29 C.F.R. ss. 1601.70 -1601.80. If the date the 119
181	181	complaint is filed is clearly stamped on the face of the 120
182	182	complaint, that date is the date of filing. The date the 121
183	183	complaint is filed with the commission for purposes of this 122
184	184	section is the earliest date of filing with the Equal Employment 123
185	185	Opportunity Commission, the fair -employment-practice agency, or 124
186	186	the commission. The complaint shall contain a short and plain 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	statement of the facts describing the violation and the relief 126
200	200	sought. The commission may require additional information to be 127
201	201	in the complaint. The commission, within 5 days of the complaint 128
202	202	being filed, shall by registered mail send a copy of the 129
203	203	complaint to the person who allegedly committed the violation. 130
204	204	The person who allegedly committed the violation may file an 131
205	205	answer to the complaint within 25 days of the date the complaint 132
206	206	was filed with the commission. Any answer filed shall be mailed 133
207	207	to the aggrieved person by the person filing the answer. Both 134
208	208	the complaint and the answer shall be verified. 135
209	209	(15) In any civil action or administrative proceeding 136
210	210	brought pursuant to this section, a finding that a person 137
211	211	employed by the state or any governmental enti ty or agency has 138
212	212	violated s. 760.10 shall as a matter of law constitute just or 139
213	213	substantial cause for such person's discharge. 140
214	214	Section 3. This act shall take effect July 1, 2022. 141