Senate Bill sb0410

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    Florida Senate - 2002                                   SB 410

    By Senator Wasserman Schultz





    32-519-02                                               See HB

  1                      A bill to be entitled

  2         An act relating to employment practices;

  3         amending ss. 110.105, 110.233, 112.042, and

  4         760.10, F.S.; revising provisions relating to

  5         state employment policy, career service

  6         appointments, county and municipal employment,

  7         and unlawful employment practices, to provide

  8         that discrimination on the basis of sex

  9         includes discrimination on the basis of

10         pregnancy, childbirth, or related medical

11         conditions; providing a limitation with respect

12         to employer health insurance benefits;

13         providing an effective date.

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

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17         Section 1.  Subsection (2) of section 110.105, Florida

18  Statutes, is amended to read:

19         110.105  Employment policy of the state.--

20         (2)(a)  All appointments, terminations, assignments and

21  maintenance of status, compensation, privileges, and other

22  terms and conditions of employment in state government shall

23  be made without regard to age, sex, race, religion, national

24  origin, political affiliation, marital status, or handicap,

25  except when a specific sex, age, or physical requirement

26  constitutes a bona fide occupational qualification necessary

27  to proper and efficient administration.

28         (b)  For purposes of this subsection, "without regard

29  to sex" includes, but is not limited to, without regard to

30  pregnancy, childbirth, or related medical conditions. Women

31  affected by pregnancy, childbirth, or related medical

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    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB




  1  conditions shall be treated the same for all

  2  employment-related purposes, including receipt of benefits

  3  under fringe benefits programs, as other persons not so

  4  affected but similar in their ability or inability to work,

  5  and nothing in the employment policy of the state shall be

  6  interpreted to permit otherwise. This paragraph shall not

  7  require a state employer to pay for health insurance benefits

  8  for abortion, except where the life of the mother would be

  9  endangered if the fetus were carried to term, or except where

10  medical complications have arisen from an abortion. However,

11  nothing in this paragraph shall preclude a state employer from

12  providing abortion benefits or shall otherwise affect

13  bargaining agreements in regard to abortion.

14         Section 2.  Subsection (1) of section 110.233, Florida

15  Statutes, is amended to read:

16         110.233  Political activities and unlawful acts

17  prohibited.--

18         (1)(a)  No person shall be appointed to, demoted, or

19  dismissed from any position in the career service, or in any

20  way favored or discriminated against with respect to

21  employment in the career service, because of race, color,

22  national origin, sex, handicap, religious creed, or political

23  opinion or affiliation.

24         (b)  As used in this subsection, "because of sex"

25  includes, but is not limited to, because of pregnancy,

26  childbirth, or related medical conditions. Women affected by

27  pregnancy, childbirth, or related medical conditions shall be

28  treated the same with respect to employment in the career

29  service, including receipt of benefits under fringe benefits

30  programs, as other persons not so affected but similar in

31  their ability or inability to work, and nothing in the career

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB




  1  service system of the state shall be interpreted to permit

  2  otherwise.

  3         Section 3.  Subsection (1) of section 112.042, Florida

  4  Statutes, is amended to read:

  5         112.042  Discrimination in county and municipal

  6  employment; relief.--

  7         (1)(a)  It is against the public policy of this state

  8  for the governing body of any county or municipal agency,

  9  board, commission, department, or office, solely because of

10  the race, color, national origin, sex, handicap, or religious

11  creed of any individual, to refuse to hire or employ, to bar,

12  or to discharge from employment such individuals or to

13  otherwise discriminate against such individuals with respect

14  to compensation, hire, tenure, terms, conditions, or

15  privileges of employment, if the individual is the most

16  competent and able to perform the services required.

17         (b)  As used in this subsection, "because of sex"

18  includes, but is not limited to, because of pregnancy,

19  childbirth, or related medical conditions. Women affected by

20  pregnancy, childbirth, or related medical conditions shall be

21  treated the same for all employment-related purposes,

22  including receipt of benefits under fringe benefits programs,

23  as other persons not so affected but similar in their ability

24  or inability to work, and nothing in this subsection shall be

25  interpreted to permit otherwise. This subsection shall not

26  require an employer to pay for health insurance benefits for

27  abortion, except where the life of the mother would be

28  endangered if the fetus were carried to term, or except where

29  medical complications have arisen from an abortion. However,

30  nothing in this subsection shall preclude an employer from

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB




  1  providing abortion benefits or shall otherwise affect

  2  bargaining agreements in regard to abortion.

  3         Section 4.  Subsection (10) of section 760.10, Florida

  4  Statutes, is renumbered as subsection (11) and a new

  5  subsection (10) is added to said section to read:

  6         760.10  Unlawful employment practices.--

  7         (10)  As used in this section, the terms "because of

  8  sex" and "on the basis of sex" include, but are not limited

  9  to, because or on the basis of pregnancy, childbirth, or

10  related medical conditions. Women affected by pregnancy,

11  childbirth, or related medical conditions shall be treated the

12  same for all employment-related purposes, including receipt of

13  benefits under fringe benefits programs, as other persons not

14  so affected but similar in their ability or inability to work,

15  and nothing in this section shall be interpreted to permit

16  otherwise. This subsection shall not require an employer to

17  pay for health insurance benefits for abortion, except where

18  the life of the mother would be endangered if the fetus were

19  carried to term, or except where medical complications have

20  arisen from an abortion. However, nothing in this subsection

21  shall preclude an employer from providing abortion benefits or

22  shall otherwise affect bargaining agreements in regard to

23  abortion.

24         Section 5.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                   SB 410
    32-519-02                                               See HB




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  2                          HOUSE SUMMARY

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      Provides that discrimination on the basis of sex includes
  4    discrimination on the basis of pregnancy, childbirth, or
      related conditions, under the employment policy of the
  5    state and with respect to career service appointments,
      employment by governing bodies of county and municipal
  6    agencies, and the regulation of unlawful employment
      practices. Limits applicability regarding payment for
  7    health insurance benefits for abortion.

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