FCRA Flashcards
Applies to?
FCRA ----------- ERs w/ 15+ EEs. ----------- 7 Disabled Girl FRiends are too '++++' many. ----------- Title 7 ADA (pub serv) [emp = 15] Gina FcRa
Who administers?
FL Comm. on HR
Protections afforded.
FCRA PORN’S CHARM ----------- *Preg (*viewed as sex discrim) Orig. Race Natl Sex Color Handicap Age Relig. Marital Status *Natl O letters spread out.
Pre-Reqs.
Must file w/ FCRA
S/L NEW
1 yr To file charge w/ FCRA.
180 days FCHR has to make reas cz determin.
1 yr. After det. to req DOAH hrg or file suit.
Rt to sue ltr needed?
Fla is Fair if Fchr Fails to issue, Forego ltr.
————
No. If FCHR makes no determ in 180 days, can file suit. No need for early rt to sue ltr.
~S/L = 1 yr~
Sue indiv?
No.
Defenses.
FCRA old BOSs DIe ----------- BFOQ *except for race* Other Seniority Disparate Impact of neutral policy. ----------- FCRA = ADEA = FL Age Discrim.
Oddity re: sex protections
Includes pregnancy.
What is the purpose of FS 112.044 that closely parallels the FCRA?
Essentially gives State workers relief.
———–
Like 760, 112 includes LGs in “Employer.”
BUT
112 provide remedies for State workers AND excludes firefighting & law enforcement agencies.
What recovery is available under FCRA?
What other theories of recovery offer FCRA’s damages?
FCRA
- JEFF + Lost Benes
- Title 7 + FCRA
What 2 employers are not an “Employer” under State’s age discrim?
LEO & FF!!!
———–
(2) DEFINITIONS.—For the purpose of this act:
(a) “Employer” means the state or any county, municipality, or special district or any subdivision or agency thereof. This definition shall not apply to any law enforcement agency or firefighting agency in this state.
Why are there 2 age discrimination statutes in Florida?
760 is FCRA. “Employer” includes govt.
112 is Age Discrim Act. “Employer” includes State + LG.
