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  2008 Fla. Statutes 316.1964 |
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Employment Laws |
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Employment Laws:
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316.1964 Exemption of vehicles transporting certain
persons who have disabilities from payment of parking
fees and penalties.
(1) A state agency, county, municipality, or any agency thereof, may not exact any fee for parking on the public streets or highways or in any metered parking space from the driver of a vehicle that displays a disabled parking permit or a license plate issued under s. 316.1958 or s. 320.0848 or a license plate issued under s. 320.084 , s. 320.0842 , s. 320.0843 , or s. 320.0845 if the vehicle is transporting the person who has a disability and to whom the disabled parking permit or license plate was issued.
(2) The driver of a vehicle that is parked as provided in subsection (1) may not be penalized for parking, except in clearly defined bus loading zones, fire zones, or access aisles adjacent to the parking spaces for persons who have disabilities, or in areas posted as "No Parking" zones or as emergency vehicle zones, or for parking in excess of the posted time limits.
(3) Notwithstanding subsection (1), when a state, county, or municipal parking facility or lot is being used in connection with an event at a convention center, cruise-port terminal, sports stadium, sports arena, coliseum, or auditorium, the parking facility may charge a person whose vehicle displays such a parking permit a parking fee in the same manner and amount as it charges other persons.
(4) A parking facility that restricts the number of consecutive days that a vehicle may be parked may impose that same restriction on a vehicle that displays a disabled parking permit issued to a person who has a disability.
(5) Notwithstanding subsection (1), when an on-street parking meter restricts the duration of time that a vehicle may be parked, a vehicle properly displaying a disabled parking permit is allowed a maximum of 4 hours at no charge; however, local governments may extend such time by local ordinance.
(6) A parking facility that leases a parking space for a duration that exceeds 1 week is not required to reduce the fee for a lessee who is disabled.
(7) An airport that owns, operates, or leases parking facilities, or any other parking facilities that are used for the purpose of air travel, may charge for parking vehicles that display a disabled parking permit or license tag issued under s. 316.1958 , s. 320.084 , s. 320.0842 , s. 320.0843 , s. 320.0845 , or s. 320.0848. However, the governing body of each publicly owned or publicly operated airport must grant free parking to any vehicle with specialized equipment, such as ramps, lifts, or foot or hand controls, or for utilization by a person who has a disability or whose vehicle is displaying the Florida Toll Exemption permit.
(8) Notwithstanding subsection (1), a county, municipality, or any agency thereof may charge for parking in a facility or lot that provides timed parking spaces any vehicle that displays a disabled parking permit, except that any vehicle with specialized equipment, such as ramps, lifts, or foot or hand controls, for use by a person who has a disability, or any vehicle that is displaying the Florida Toll Exemption permit, is exempt from any parking fees.
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Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 has provided the foundation for many of the human resource policies in organizations today. The legislation prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. Note that employment has been defined broadly to include more than simply hiring practices. Discrimination is prohibited in all phases of employment: promotion, training opportunities, termination, compensation, and benefits.
The Civil Rights Act also created the Equal Employment Opportunity Commission (EEOC) as its enforcement arm. The commission processes and investigates discrimination claims. The EEOC is an advocate of fairness, not only to the individual but to all employers subject to EEOC jurisdiction.
Limited exceptions to the act are permitted with a bona fide occupational qualifications (BFOQ). A BFOQ enables a firm to discriminate when there are proven, reasonable necessities for the performance of the job that only certain candidates can meet. For example, an employer may refuse to hire a female as a male lead in a play. The employer, however, is responsible for demonstrating that the discriminatory practice (hiring a male) is a business necessity.
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Encouraging Work Force Diversity
Equal employment opportunity (EEO) has been the focus of more attention in human resources during the past four decades than any other topic. EEO impacts everyone, as proved by the large amount of legislation addressing EEO and the resulting litigation.
Changing demographics in the American work force spurred this attention. As the work force ages, as more women enter the labor market, and as more diverse groups are represented, organizations are asked to ensure that equal employment opportunities exist for everyone. Meeting this ideal, however, has become an increasingly complex task.
Employers have responded with carefully crafted policies that address the appropriate points of major legislation, executive orders, fair employment practice laws, and the key rulings of court cases. The intent, of course, is to try to end discrimination and harassment in the workplace.
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The Equal Pay Act of 1963
The Equal Pay Act of 1963 prohibits discrimiantion in compensation, benefits, and pensions based on gender bias. Males and females must be paid at equal rates for jobs that require the same levels of skills and effort. Exceptions can be made based on seniority but not based on gender.
Once inequalities are identified, the law is specific abut the way remedies are to be made. If one gender is paid less than the other gender, the compensation of the lower-paid workers must raised to the level of the higher-paid workers. For example, if female assembly line workers are paid less than their male counterparts, the pay of the male workers cannot be lowered to the level of the female workers. Instead, according to the Equal Pay Act of 1963, the wages of the females must be raised to the level of the male assembly line workers.
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The Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 (ADA) delivered a real victory to people with disabilities in the work force. The law prohibits discrimination against individuals with either mental or physical disabilities and also protects individuals who are chronically ill.
The ADA specifically defines a disability as
...a physical or mental impairment that substantially limits one or more of the major life activities, a record of such impairment, or being regarded as having such an impairment.
Unfortunately, this still leaves room for both interpretation and ambiguity. For example, there is a continuing debate about certain personality disorders.
The ADA requires employers to provide reasonable accomodations for the employment of people with disabilities; in other words, these accomodations should not cause undue hardship for the employer. Research has indicated that most reasonable accomodations cost less that $100 and might include minor adjustments such as allowing flexible work hours (to accomodate public transportation schedules), raising the level of workstation, or widening doorways to accomodate a wheelchair.
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The Age Discrimination in Employment Act of 1967
Complaints of age discrimination account for nearly one-fifth of all discrimination charges now filed, which is understandable given the growing numbers of older workers in the labor market. There are now more than 75 million baby boomers in the United States, increasing the number of workers who are subject to age discrimination.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age. This legislation makes it illegal to discriminate against people forty years of age and older in any employment practice.
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The Equal Employment Opportunity Act of 1972
The Equal Employment Opportunity Act of 1972 amended the Civil Rights Act as passed in 1964. This act broadened the enforcement capabilities of the Equal Employment Opportunity Commission.
The legislation was also applied to a broader group of employers, including certain governments and educational institutions.
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The Civil Rights Act of 1991
The Civil Rights Act of 1991, an additional amendment to Title VII of the Civil Rights Act of 1964, addresses the damages that can be awarded in discrimination suits. The new legislation substantially relaxed limits on both compensatory and punitive damages that can be awarded to victims of intentional discrimination or harassment.
The 1991 amendment also extended protection to employees of United States-based companies when they are working abroad.
This act also established the Glass Ceiling Commission, which focuses on opportunities for advancement for women and minorities.
The Glass Ceiling Commission addresses the under-representation of women and minorities in top management positions. The commission examines not only the opportunities available for women and minorities, but also the preparation they receive to be qualified for these positions.
This commission has highlighted some very important information, including one widespread misconception that women were leaving certain companies to start families. Only too late did many employers realize that their female employees left for positions with competitors who offered more advancement opportunities for women.
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The Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act of 1964 to include pregnancy. It is against the law to discriminate against a pregnant woman in any employment practice, including hiring, promotions, or terminations. An Actress recently won a pregnancy discrimination suit when she was written out of her television show role after she became pregnant.
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State Fair Employment Practice Laws
Most states have enacted discrimination statutes. Employers must be aware of these laws as well; they are also referred to as fair employement practices.
State laws can be more stringent than some federal legislation. Organizations should check with their state deparments of labor to ensure that they are compliant with their state's fair employment practice laws.
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Descrimination and Harassment
Descrimination and harassment refer to the unfair treatment of people in the work force. It is illegal for an organization (or its employees) to discriminate against individuals of a protected class in any phase of the employment process. It is also illegal for an organization (or its employees) to allow harassment of individuals employees who ae members of protected classes.
Discrimination
Discrimination is the process by which people are treated differently based solely on their differences. It is, however, illegal to discriminate against people in employment situations based on their race, color, religion, sex, or national origin. To succesfully prove a charge of discrimination, an individual must demostrate adverse impact or disparate impact.
Adverse Impact:
Adverse impact occurs when, in employment practices, a protected class experiences a higher rejection rate than an unprotected class. This discrimination is alleged to be unintentional. Even though unintentional, it is still illegal and prohibited by law.
Disparate Impact:
Disparate impact, on the other hand, is intentionally discrimination. That is, the employer purposely discriminates against a protected class.
The Four-Fifths Rule:
Adverse impact is demonstrated by employing the four-fifths rule. Here is how to determine adverse impact by the four-fifth rule:
1. Calculate the selection rate for the protected and unprotected classes. To calculate this rate, divide the total number of individuals selected from each class by the total number of applicants from each of those classes.
2. Determine the class with the highest selection rate.
3. Compare the selection rate for each of the other classes with the highest selection rate (identified in step 2). To find the comparison, divide the rate of selection for each class by the highest selection rate.
4. Finally, determine if the rate of selection for a class is 80 percent or less than the rate of selection for the highest class. If the selection rate for a protected class is less that 80 percent (our four-fifths) of an unprotected class, you've proved adverse impact.
Harassment
There are two types of sexual harassment. Known as quid pro quo, the first type usually involves unwelcome advances of a sexual nature, or requests for sexual favors, in exchange for employment.
For example, if a male manager suggests that a female subordinate can receive a desired promotion if she dates him, the male manager is guilty of sexual harassment. This is generally what most people think of when they hear the term sexual harassment.
The creation of a hostile work environment is the second type of sexual harassment. In such instances, conduct of a sexual nature inerferes with another's ability to perform his or her job.
A hostile enviroment is just as serious as quid pro quo and is actually more prevalent in the workplace, yet it is not always easily recognized. Organizations, then, have a responsibility to communicate their policy on all forms of sexual harassment to their employees. Failure to communicate, and enforce, such policies can leave the company vulnerable to legal action.
Creating a sexual harassment policy is one of the most effective steps an organization can take to protect itself. To create a more effective policy, consider the following:
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Create a policy that is comprehensive, then communicate it to all organizational members-managers and employees alike. Ensure that the policy is written.
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Conduct regular training on sexual harassment to ensure that all employees understand how they can help create a work environment that is free of sexual harassment. Training should include clear examples of inappropriate behavior that is considered sexual harassment to help employees distinguish between appropriate and inappropriate behavior.
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Put a complaint procedure in place. Each employee must understand how to file a complaint and how charges will be investigated. The complaint procedures must be widely distributed throughout the organization. Review complaint procedures (for any type of discrimination or harassment) during the new employee orientation process.
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Handle investigations immediately, and conduct them with sensitivity and objectivity. Timely investigations communicate the severity of the offense. Handle the complaint with confidentiality to convey the sensitive nature of the topic. Maintaining confidentiality also ensures the protection of those who are bringing the charges.
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Apply immediate, consistent discipline for infractions. Discipline employees across all organizational levels in the same way. There can be no favoritism shown in the administration of this policy.
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The Uniformed Services Employment and
Reemployment Rights Act of 1994
The Uniformed Services Employment and Reemployment Rights Act passed in 1994 protects individuals who serve in the military for short periods. the legislation requires employers to allow these individuals to return to their jobs with the same seniority and benefits they previously enjoyed. The Veterans's Employment And Training Service, which falls under the Department of Labor, enforces this law.
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