Employers are
also required to provide a reasonable accommodation for the known
physical or mental limitations of an otherwise qualified individual
with a disability, unless doing so would impose an undue hardship on
the operation of the employer’s business.
The employer should be able to prove the undue hardship.
For more information
contact the Office of Human Relations at
407.246.2122 (Main), 407.246.2308 (Fax), or
cityoforlando.net/ohr.
III. Age Discrimination in Employment Act of 1967 (ADEA)
This law makes it illegal
to discriminate against a person because of their
age, (40 years old or
older). The
Florida Civil Rights Act
(FCRA) covers workers of any age.
For more information
contact the Office of Human Relations at
407.246.2122 (Main), 407.246.2308 (Fax), or
cityoforlando.net/ohr.
IV. Equal Pay Act of 1963 (EPA)
The EPA makes it illegal
to discriminate against an individual because of that persons
sex (some references use
the term
gender), i.e., male or female, by paying wages at a rate less
than the rate at which the opposite sex is paid for equal work – all
things being equal, i.e., the same workplace, equal skill required
for job performance, effort, and responsibility, and, the work is
performed under similar working conditions.
For more information
contact the Office of Human Relations at
407.246.2122 (Main), 407.246.2308 (Fax), or
cityoforlando.net/ohr.
V. Title II of Genetic Information Nondiscrimination Act of 2008
(GINA)
GINA makes it illegal to
discriminate against a person because of
genetic information, including that of the person’s family
members. This not only
includes information about genetic tests, but also any disease,
disorder or other condition of the individual and/or family members.
Prohibited is the use of this information in all aspects of
the employment process, and it restricts employers and other
entities (includes employment agencies, labor organizations and
joint labor-management training and apprenticeship programs) from
requesting, requiring or purchasing genetic information.
The law also strictly limits the disclosure of this
information, even when it is inadvertently acquired.
For more information
contact the Office of Human Relations at
407.246.2122 (Main), 407.246.2308 (Fax), or
cityoforlando.net/ohr.
VI. Chapter 57 of the Code of the City of Orlando (Chapter 57)
Chapter 57 makes it
illegal for an employer, employment agency or labor organization, a
housing provider (including financial institutions), and, places of
public accommodation to discriminate against an individual or
persons:
-
In
employment – because
of race, color, religion, national origin, sex (includes pregnancy
and sexual harassment), age, disability (mental or physical),
marital status, or
sexual orientation
(the condition of being heterosexual, homosexual or bisexual).
Although this is not a complete list, the law covers hiring
and firing, compensation, assignment or classification, transfers,
promotions, layoff and recall, testing, use of company facilities,
training and apprenticeship programs, fringe benefits, leave time,
and other terms and conditions and privileges of employment.
The major exception is a
bona fide occupational
qualification reasonably necessary to the normal operation
of the particular business or enterprise.
-
In
housing (includes
residential real estate related transactions) – because of race,
color, religion, national origin, sex, disability (excluded from
residential real estate related transactions), familial status
(including children under the age of 18
living with parents or legal custodians, pregnant women, and people
securing custody of children under the age of 18), marital status
(included under residential
real estate related transactions only) or sexual orientation
(the condition of being heterosexual, homosexual or bisexual).
The law
prohibits discrimination in
the rental, sale, and financing of dwellings, and in other
housing-related transactions.
-
Providers of residential real estate related transactions are
defined as any person or other entity (including its officers,
agents and employees) whose business, bank, trust company, private
banker, savings bank, industrial bank, savings and loan association,
credit union, investment company, mortgage company, insurance
company or other financial institution or lender, to whom
application is made for financial assistance for the purchase,
acquisition, construction, rehabilitation, repair or maintenance of
any housing accommodation.
-
In
public accommodations –
because of race, color, religion, national origin, sex,
disability, age, marital status or sexual orientation (the condition
of being heterosexual, homosexual or bisexual).
To review Chapter 57 of
the Code of the City go to
cityoforlando.net,
click on City Council, on left, top of page; click on City Code, on
left, middle of page; under Orlando, Florida - Code of Ordinances,
scroll down to Chapter 57 - Discrimination; under Chapter 57 -
Discrimination, click on ARTICLE I, ARTICLE II, ARTICLE III, ARTICLE
IV and/or ARTICLE V individually to read or print.
For more information
contact the Office of Human Relations at
407.246.2122 (Main), 407.246.2308 (Fax), or
cityoforlando.net/ohr.
VII.
Title VIII of the Civil Rights Act (Title VIII)
This law is most commonly
called the Fair Housing Act,
under which it is illegal to discriminate against and individual in
the sale or rental of residential housing because of
race, color, religion, sex,
disability, familial status and national origin.
Additionally, individuals are protected from
retaliation under
Title VII, ADA, ADEA, EPA, Chapter 57 and the FCRA for ¹having filed
a charge of discrimination, ²having opposed any practice made an
unlawful employment practice or ³having testified, assisted or
participated in any manner in an investigation, proceeding or
hearing as per the law.
Further, individuals are protected from
retaliation under
Title VIII which makes it unlawful to coerce, intimidate, threaten,
or interfere with any person in the exercise or enjoyment of, or on
account of having aided or encouraged any other person in the
exercise or enjoyment of any right granted or protected by the law.
For details about the information above and for assistance with
sorting out your potential workplace, housing or public
accommodation issues, please contact –
The Office of Human Relations
City Hall
400 S. Orange Ave., 2nd Floor
Orlando, FL 32801
407.246.2122 (Main), 407.246.2308 (Fax)
HumanRelations@cityoforlando.net
The staff is very knowledgeable in dealing with these matters, and
they provide quality customer service for all citizens.
OTHER LAWS THAT AFFECT VARIOUS ASPECTS
OF THE WORKPLACE, HOUSING AND PUBLIC ACCOMMODATIONS
1.
Florida Civil Rights Act (FCRA)
This law prohibits discrimination by employers, housing providers,
and places of public accommodations because of
race, color, religion,
national origin, sex, age (all ages), marital status, familial
status and disability.
For details about this law contact the Florida Commission on
Human Relations at 800.342.8170 or 850.488.7082 (voice), 711
(Florida Relay Service Voice), 800.955.1339 (TDD ASCII),
800.955.8771 (TDD Baudot), or
fchr.state.fl.us.
2.
Workers’ Compensation
Every state, and the
federal government, has this law.
It provides compensation for
on-the-job injuries and
illnesses.
For further details about Workers’
Compensation in Florida contact –
State of Florida Department of Financial Services
Division of Workers’ Compensation
Bureau of Compliance
400 West Robinson Street
Orlando, FL 32801
407.835.4406
3.
Title IV of the Civil Rights Acts
of 1964
This law makes it illegal to
discriminate on the basis of race, color or national origin in programs and activities
receiving federal financial assistance.
For additional details about this law
contact the U.S. Department of Justice, Civil Rights Division at
202.514.2151 (voice), 202.514.0716 (TTY), or
justice.gov/crt/cor/coord/titlevi.htm.
4.
Title II of the Americans with
Disabilities Act (ADA)
This law makes it illegal to discriminate against
people with disabilities
in all programs, activities, and services offered by state and local
government agencies. This includes
transportation services and physical access to
state and local government buildings.
For more information contact the U.S. Department of Justice, Civil
Rights Division at 800.514.0301 (voice), 800.514.0383 (TTY), or
usdoj.gov/crt/ada/adahom1.htm.
5.
Title III of the American with
Disabilities Act (ADA)
This law prohibits discrimination
against people with disabilities by private entities that provide
services to the public (also known as “public accommodations”).
The law applies to buildings, programs, and services.
Places of public accommodations include, but are not limited
to, restaurants, hotels, movie theaters, stores, doctors’ offices,
parks, and schools. Compliance with the law may include providing “auxiliary aids and
services” such as sign language interpreters, listening devices, or
large print materials, unless doing so would cause significant
difficulty or expense.
For more information contact the U.S.
Department of Justice, Civil Rights Division at 800.514.0301
(voice), 800.514.0383 (TTY), or
usdoj.gov/crt/ada/adahom1.htm.
6.
The Family and Medical Leave Act
(FMLA)
This law requires certain employers to grant up to 12 weeks of leave
during a 12 month period to eligible
employees who need time off because of a “serious health
condition” that they or someone in their family is experiencing.
For more details and to find out if your company must comply with
this law, contact the U.S. Department of Labor, Employment Standards
Administration, Wage and Hour
Division, at 866.487.99243 (voice and TTY) or visit
dol.gov/compliance/laws/comp-fmla.htm.
7.
The Occupational Safety and Health Act
of 1970 (OSHA)
This law sets out
safety requirements for
workplaces. The
Occupational Safety and Health Administration works with states to
investigate and enforce OSHA requirements.
For more information contact the U.S.
Department of Labor, Occupational Safety and Health Administration
at 800.321.6742 (voice), 877.889.5627 (TTY) or visit
osha.gov/.
8.
The Fair Labor Standards Act (FLSA)
This law regulates workplace practices
related to minimum wage,
overtime pay, and child labor.
For details about this law contact the
U.S. Department of Labor, Wage and Hour Division at 866.487.9243
(voice), 877.889.5627 TTY) or visit
dol.gov/whd.
9.
National Labor Relations Act
This law protects workers who wish to
form, join or support unions, or who are already represented by
unions; and workers who join together as a group (two or more)
without a union seeking to modify their wages or working conditions.
For more information contact the
National Labor Relations Board at 866.667.6572 (voice), 866.315.6572
(TTY) or visit
nlrb.gov/index.
10.
The Civil Service Reform Act of 1978
(CSRA)
This law prohibits discrimination
against a federal employee or job applicant on the bases of race,
color, national origin, religion, sex, age or disability, marital
status, political association and sexual orientation.
For more information contact the
Office of Personnel Management at 202.653.7188 or visit
opm.gov.
11.
The Immigration Reform and Control Act
of 1986 (IRCA)
Under this law it is illegal to refuse
to hire or fire a person because of that person’s national origin or
citizenship. It also
prohibits an employer from requesting employment verification only
for people of a certain national origin or who appear to be from a
foreign country. Required U.S. citizenship or preference given to U.S. citizens also
may violate the IRCA.
For more information contact the
Office of Special Counsel for Immigration-Related Unfair Employment
Practices at 800.255.7688 (voice), 800.237.2515 (TTY for
employees/applicants, 800.362.2735 (TTY for employers) or
www.usdoj.gov/crt/osc.
12.
Title I of Genetic Information
Nondiscrimination Act
This title of Gina covers the use of
genetic information in health insurance.
For more information contact:
(1)
The Department of Labor, Employee Benefits Security Administration
at 866.444.3272, 877.889.5627 (TTY) or
http://www.dol.gov/ebsa/.
(2)
The Department of Health & Human Services, Office of Civil Rights at
877.696.6775 or
www.hhs.gov/ocr/privacy/hipaa/understanding/special/genetic/index.html.
13.
Architectural Barriers Act of 1968
This law requires that buildings and
facilities designed, constructed, altered, or leased with certain
federal funds after September 1969 must be accessible to and usable
by disabled persons.
For more information contact the U.S.
Department of Housing and Urban Development, FHEO Division, at
404.331.5001.
