Employment
Section
There are five basic areas in this section:
Security Rights of Citizens
Discrimination
Filing a Charge of Employment
Discrimination
Mediation
Investigation/Conciliation
of an Employment Discrimination Charge
Training for Employers
Sec.
2.02. Security of rights of citizens.
In
order to secure protection to the citizens of the
county against abuses and encroachments, the county
shall use its powers, whenever appropriate, to provide
by ordinance or to seek remedy by civil or criminal
action for the following:
(e)
Protection of human rights. The county shall establish
provisions, pursuant to state and federal law, for
protection of human rights from discrimination based
upon religion, political affiliation, race, color,
age, sex, or national origin by providing and ensuring
equal rights and opportunities for all people of
Pinellas County.
ARTICLE
II. DISCRIMINATION DIVISION 1. GENERALLY Sec. 70-36.
Territory embraced. All territory within the legal
boundaries of Pinellas County, Florida, including
all unincorporated and incorporated areas, shall
be embraced by the provisions of this article.
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EMPLOYMENT DISCRIMINATION
The
Pinellas County Office of Human Rights administers
Chapter 70 of the Pinellas County Code of Ordinances,
which prohibits discrimination in employment because
of race, color, religion, sex (including pregnancy
discrimination and sexual harassment), national
origin, age, marital status, or disability. These
provisions cover all conditions and terms of employment
including recruitment, selection, promotion, transfer,
pay, tenure, discipline, discharge, and privileges.
This law applies to all employers located in Pinellas
County with 5 or more employees, to labor organizations,
and to public and private employment agencies. Employment
discrimination charges involving employers with
15 or more employees and based upon race, color,
religion, sex, national origin, age (over 40)*,
or disability, are also filed with the Federal Equal
Employment Opportunity Commission (EEOC). Title
VII of the Civil Rights Act of 1964, as amended,
is the federal law prohibiting discrimination on
the basis of race, color, religion, sex, or national
origin. Title I of the Americans with Disabilities
Act of 1990 prohibits discrimination on the basis
of a disability. For further information on the
EEOC and federal laws prohibiting employment discrimination,
go to www.EEOC.gov.
Individuals
who prevail in a charge of employment discrimination
brought under these laws may be awarded specific
relief to eliminate the effects of the discriminatory
action. An individual is protected in his or her
right to file a charge. Retaliation against a person
for having filed a charge of discrimination, agreeing
to be a witness, or assisting in an investigation
of employment discrimination is also against the
law.
An
employment discrimination charge must be filed with
the Pinellas County Office of Human Rights within
180 days of the date that the discrimination took
place. A charge may be initiated by writing, telephoning,
or visiting the Pinellas County Office of Human
Rights.
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Filing
a Charge of Employment Discrimination:
Only
discrimination on the basis of race, color, religion,
sex, national origin, age, marital status, or disability,
is covered by these laws. If your charge alleges
any other type of discriminatory or unfair treatment,
the Pinellas County Office of Human Rights has no
jurisdiction in the matter. Furnish your full name,
address, and telephone number where you can be reached,
and keep the office informed should there be any
change in this information as the investigation
progresses. Provide as much information as possible
on all parties who were involved in the alleged
act of discrimination, especially the correct legal
name and address of the person or organization you
believe discriminated against you. Inform us of
any other agency with which you have filed a complaint.
You
will be asked to provide a written account of the
discriminatory situation in chronological order
beginning six months prior to the date of the most
recent alleged discriminatory action, along with
any documents that may be relevant to your charge
of discrimination. Attempt to provide the name,
address, and telephone number of, or a notarized
statement from, any witness to the alleged discriminatory
action.
To
contact the PCOHR:
Telephone – 727-464-4880
Fax – 727-464-5298
TDD – 727-464-4062
Write/Walk in – The Pinellas County Office of Human
Rights
400 South Fort Harrison Avenue, 5th FloorClearwater,
Florida 33756
Email
– omelvin@co.pinellas.fl.us
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Mediation:
In
order to address charges quickly, the department
offers a mediation service. Should both parties
agree, a conference will be scheduled with a mediator
prior to an investigation.
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Investigation
and Conciliation of an Employment Discrimination
Charge:
An investigator will be assigned to investigate
the charge. Following the investigation, the investigator
will make a recommendation as to whether or not
there is substantial evidence to believe that an
act of unlawful discrimination has occurred. If
the Pinellas County Office of Human Rights finds
that there is no reasonable cause to believe that
discrimination has occurred, it will dismiss the
charge. If the charge has been dual filed with EEOC,
a right-to-sue letter will be issued by that agency
allowing the Charging Party to take the matter to
federal court.
If
the Pinellas County Office of Human Rights finds
cause to believe that unlawful discrimination has
occurred, conciliation discussions will be encouraged
in an attempt to negotiate a settlement that is
satisfactory to both parties. Cases resulting in
an unconciliated cause finding that have been dual
filed with the EEOC will be forwarded to that agency
for the issuance of a right-to-sue letter. Cases
resulting in an unconciliated cause finding that
are not dual filed with EEOC are referred to an
Administrative Law Judge. The Administrative Law
Judge then sets the case for public hearing, and
may issue an order awarding actual damages, reasonable
costs, and/or attorney's fees.
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Training
for Employers:
The Pinellas County Office of Human Rights conducts
scheduled training sessions for public and private
organizations upon request. These training programs
address issues such as sexual harassment, diversity,
and equal employment opportunity. For more information
on training programs contact the Pinellas County
Office of Human Rights at (727) 464-4880, and ask
for the training coordinator.
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