ISSUE: Sex Discrimination Is Unlawful
Discrimination on the basis of sex in the workplace is a violation of Palm Beach County's Equal Employment Ordinance (Ordinance No. 95-31), The Florida Civil Rights Act of 1992, and Title VII of the Civil Rights Act of 1964, as amended.
The above statutes’ broad prohibitions against sex discrimination specifically cover:
Disparate treatment based upon one’s sex - In general, this means treating one employee better or differently in the terms and conditions of their employment cause of their sex. This includes pay, promotions, or other benefits being given to a worker of one sex while denying the same benefits to a worker of the opposite sex because of their gender.
Sexual Harassment
- This includes practices ranging
from direct requests for sexual favors to workplace conditions that create a
hostile environment for persons of either gender, including same sex harassment.
(The "hostile environment" standard also applies to harassment on the bases of
race, color, national origin, religion, age, and disability.)
Pregnancy Based Discrimination - Pregnancy, childbirth, and related
medical conditions must be treated in the same way as other temporary illnesses
or conditions.
The Equal
Pay Act (EPA) prohibits discrimination on the basis of sex in the payment
of wages or benefits, where men and women perform work of similar skill, effort,
and responsibility for the same employer under similar working conditions.
Note that:
Employers may not reduce wages of
either sex to equalize pay between men and women.
A violation of the EPA may occur where a different wage was/is paid to a person
who worked in the same job before or after an employee of the opposite sex.
A violation may also occur where a labor union causes the employer to violate
the law.
An employee or an applicant for employment may file a complaint when:
• The alleged discriminatory act occurred within the past 300 days, if filing with the EEOC under the federal law, 365 days if filing under the Florida Civil Rights Act or local ordinances.
• An employer or potential employer has 15 or more employees
For information, assistance, or to
file a complaint, contact:
Palm Beach County
Office of Equal Opportunity
215 North Olive Avenue, Suite 130
West Palm Beach, Florida 33401
Phone: (561) 355-4883
Fax: (561) 355-4932
http://www.pbcgov.com/equalopportunity/
Equal Employment Opportunity Commission
One Biscayne Tower
2 South Biscayne Blvd, Suite 2700
Miami, FL 33131
Phone: (305) 536-4491
Fax: (305) 536-4011
Florida Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301-4857
Phone: (850) 488-7082
Fax: (850) 488-5291
The above statement was contributed by Frederick Ford, Attorney and NPBC Now member.