House Bill hb1499

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    Florida House of Representatives - 2001                HB 1499

        By Representative Sobel






  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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  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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  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.

29

30

31

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  1            *****************************************

  2                          SENATE 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.

11
      3.  Provide specified wage disclosure, recordkeeping, and
12    reporting requirements of employers and provide
      administrative and civil remedies for violation of the
13    requirements.

14

15

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