| 1 | A bill to be entitled |
| 2 | An act relating to employment discrimination against |
| 3 | the unemployed; creating the "Fair Employment |
| 4 | Opportunity Act"; setting forth the purpose of the |
| 5 | act; defining terms; prohibiting an employer from |
| 6 | refusing to consider for employment, or refusing to |
| 7 | offer employment to, a person because the person is or |
| 8 | was unemployed; prohibiting an employer from |
| 9 | publishing in print, on the Internet, or in any other |
| 10 | medium an advertisement or announcement for a job |
| 11 | which states or indicates that an unemployed person is |
| 12 | disqualified from consideration for the job; |
| 13 | prohibiting an employer from directing or requesting |
| 14 | an employment agency to take a person's status as |
| 15 | unemployed into account in screening or referring |
| 16 | applicants for employment; prohibiting an employment |
| 17 | agency from refusing to consider or refer a person for |
| 18 | employment based on the person's status as unemployed; |
| 19 | prohibiting an employment agency from publishing in |
| 20 | print, on the Internet, or in any other medium an |
| 21 | advertisement or announcement for any job vacancy |
| 22 | which states or indicates that an unemployed person is |
| 23 | disqualified from consideration for the job; |
| 24 | prohibiting an employment agency from limiting, |
| 25 | segregating, or classifying a person in any manner |
| 26 | that may limit the person's access to information |
| 27 | about jobs or referral for consideration for jobs |
| 28 | because the person is or was unemployed; prohibiting |
| 29 | an employer or employment agency from interfering |
| 30 | with, restraining, or denying the exercise of, or the |
| 31 | attempt to exercise, any right provided by the act or |
| 32 | refusing to hire, discharging, or in any other manner |
| 33 | discriminating against a person because the person |
| 34 | engaged in certain specified lawful activities; |
| 35 | providing an exception for a bona fide occupational |
| 36 | qualification; authorizing the Attorney General to |
| 37 | commence a civil action for damages, injunctive |
| 38 | relief, civil penalties, and other appropriate relief |
| 39 | if the Attorney General has reasonable cause to |
| 40 | believe that an employer or employment agency has |
| 41 | violated the act; authorizing the Attorney General to |
| 42 | file an action in the circuit court in the county |
| 43 | where the cause of action arises or in the Circuit |
| 44 | Court for the Second Judicial Circuit in Leon County; |
| 45 | providing procedures; providing that the prevailing |
| 46 | party in such action is entitled to an award of |
| 47 | reasonable attorney fees and costs; providing that |
| 48 | damages recovered under the act accrue to the injured |
| 49 | party; providing an effective date. |
| 50 |
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| 51 | Be It Enacted by the Legislature of the State of Florida: |
| 52 |
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| 53 | Section 1. Discrimination against the unemployed; |
| 54 | prohibited acts; penalties.- |
| 55 | (1) SHORT TITLE.-This act may be cited as the "Fair |
| 56 | Employment Opportunity Act." |
| 57 | (2) PURPOSE.-The purpose of this section is to prohibit an |
| 58 | employer or employment agency from considering a person's status |
| 59 | as an unemployed person when screening that person for or |
| 60 | filling a position, except when a requirement related to |
| 61 | employment status is a bona fide occupational qualification |
| 62 | reasonably necessary to successful performance in the job, and |
| 63 | to eliminate the burdens imposed on commerce by excluding |
| 64 | unemployed persons from employment. |
| 65 | (3) DEFINITIONS.-As used in this section, the term: |
| 66 | (a) "Affected person" means a person who was refused |
| 67 | consideration for employment or was not hired by an employer |
| 68 | because the person is or was unemployed, or a person who was not |
| 69 | considered, screened, or referred for employment opportunities |
| 70 | by an employment agency because the person is or was unemployed. |
| 71 | (b) "Employer" means a person who is engaged in commerce |
| 72 | or industry, or in an activity affecting commerce, who employs |
| 73 | 15 or more persons each working day in each of 20 or more |
| 74 | calendar weeks in the current or preceding calendar year. The |
| 75 | term includes, but is not limited to: |
| 76 | 1. A person who acts, directly or indirectly, in the |
| 77 | interest of an employer with respect to employing persons to |
| 78 | work for that employer; and |
| 79 | 2. A successor in interest of an employer. |
| 80 | (c) "Employment agency" means a business that regularly |
| 81 | procures, with or without compensation, employees for an |
| 82 | employer or job opportunities for an individual seeking |
| 83 | employment and includes, but is not limited to, an agent of the |
| 84 | employment agency and an individual who maintains an Internet |
| 85 | website that publishes advertisements or announcements of job |
| 86 | openings. |
| 87 | (d) "Unemployed" means a person's present or past |
| 88 | unemployment, regardless of the length of time the person was |
| 89 | unemployed. |
| 90 | (4) EMPLOYERS.-An employer may not: |
| 91 | (a) Refuse to consider for employment or refuse to offer |
| 92 | employment to a person because the person is or was unemployed. |
| 93 | (b) Publish in print, on the Internet, or in any other |
| 94 | medium an advertisement or announcement for a job which |
| 95 | includes: |
| 96 | 1. A provision stating or indicating that an unemployed |
| 97 | person is disqualified from consideration for the job; |
| 98 | 2. A provision stating or indicating that an employer will |
| 99 | not consider an unemployed applicant for employment; or |
| 100 | 3. A directive or request that an employment agency take a |
| 101 | person's status as unemployed into account in screening or |
| 102 | referring applicants for employment. |
| 103 | (5) EMPLOYMENT AGENCIES.-An employment agency may not: |
| 104 | (a) Refuse to consider or refer a person for employment |
| 105 | based on the fact that the person is or was unemployed; |
| 106 | (b) Limit, segregate, or classify a person in a manner |
| 107 | that may limit the person's access to information about a job or |
| 108 | referral for consideration for a job because that person is or |
| 109 | was unemployed; or |
| 110 | (c) Publish in print, on the Internet, or in another |
| 111 | medium an advertisement or announcement for a job vacancy which |
| 112 | includes a provision stating or indicating that: |
| 113 | 1. An unemployed person is disqualified from consideration |
| 114 | for the job; or |
| 115 | 2. An employer will not consider an unemployed person for |
| 116 | employment. |
| 117 | (6) INTERFERENCE WITH RIGHTS, PROCEEDINGS, OR INQUIRIES.- |
| 118 | An employer or employment agency may not: |
| 119 | (a) Interfere with, restrain, or deny the exercise of, or |
| 120 | the attempt to exercise, a right provided by this section; or |
| 121 | (b) Refuse to hire, to discharge, or in another manner to |
| 122 | discriminate against a person because the person: |
| 123 | 1. Opposed any practice made unlawful by this section; |
| 124 | 2. Has filed a charge, or has instituted or caused to be |
| 125 | instituted a proceeding, under or related to this section; |
| 126 | 3. Has given, or is about to give, information in |
| 127 | connection with an inquiry or proceeding relating to a right |
| 128 | provided under this section; or |
| 129 | 4. Has testified, or is about to testify, in an inquiry or |
| 130 | proceeding relating to a right provided under this section. |
| 131 | (7) BONA FIDE OCCUPATIONAL QUALIFICATION.-Notwithstanding |
| 132 | any other provision of law, consideration by an employer or |
| 133 | employment agency of a person's status as unemployed is not an |
| 134 | unlawful employment practice if a person's employment in a |
| 135 | similar or related job for a period of time reasonably proximate |
| 136 | to the hiring of the person is a bona fide occupational |
| 137 | qualification reasonably necessary to successful performance of |
| 138 | the job that is being filled. |
| 139 | (8) CIVIL ACTION BY THE ATTORNEY GENERAL.- |
| 140 | (a) The Attorney General may commence a civil action for |
| 141 | damages, injunctive relief, civil penalties not to exceed |
| 142 | $10,000 per violation, and such other relief as may be |
| 143 | appropriate under the laws of this state if the Attorney General |
| 144 | has reasonable cause to believe that an employer or employment |
| 145 | agency has violated this section. |
| 146 | (b) The Attorney General may file an action under this |
| 147 | subsection in the circuit court of the county in which the cause |
| 148 | of action arises or in the Circuit Court for the Second Judicial |
| 149 | Circuit in Leon County. |
| 150 | (c) In any proceeding under this subsection, the |
| 151 | respondent may request, before any responsive pleading is due, |
| 152 | that a hearing be held no earlier than 5 days but no more than |
| 153 | 30 days after the filing of the complaint. The court shall |
| 154 | determine at that hearing whether the complaint on its face |
| 155 | makes a prima facie showing that a pattern or practice of |
| 156 | discrimination exists or that, as a result of discrimination, an |
| 157 | issue of great public interest exists. |
| 158 | (d) The prevailing party in an action brought under this |
| 159 | subsection is entitled to an award of reasonable attorney fees |
| 160 | and costs. |
| 161 | (e) Damages recovered under this subsection shall accrue |
| 162 | to the injured party. |
| 163 | Section 2. This act shall take effect July 1, 2012. |