FCRA

Question 1

FCRA
Applies to?

Answer 1

FCRA
-----------
ERs w/ 15+ EEs.
-----------
7 Disabled Girl FRiends are too '++++' many.
-----------  
Title 7
ADA (pub serv)  [emp = 15]
Gina
FcRa

Question 2

Who administers?

Answer 2

FL Comm. on HR

Question 3

Protections afforded.

Answer 3

FCRA      PORN’S CHARM     
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*Preg  (*viewed as sex discrim)
Orig.
Race
Natl
Sex 
Color
Handicap
Age
Relig.
Marital Status
*Natl O letters spread out.

Question 4

Pre-Reqs.

Answer 4

Must file w/ FCRA

Question 5

S/L NEW

Answer 5

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.

Question 6

Rt to sue ltr needed?

Answer 6

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~

Question 7

Sue indiv?

Answer 7

No.

Question 8

Defenses.

Answer 8

FCRA   old BOSs DIe
-----------
BFOQ *except for race*
Other
Seniority
Disparate Impact of neutral policy.
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FCRA = ADEA = FL Age Discrim.

Question 9

Oddity re: sex protections

Answer 9

Includes pregnancy.

Question 10

What is the purpose of FS 112.044 that closely parallels the FCRA?

Answer 10

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.

Question 11

What recovery is available under FCRA?
What other theories of recovery offer FCRA’s damages?

Answer 11

FCRA

• JEFF + Lost Benes
• Title 7 + FCRA

Question 12

What 2 employers are not an “Employer” under State’s age discrim?

Answer 12

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.

Question 13

Why are there 2 age discrimination statutes in Florida?

Answer 13

760 is FCRA. “Employer” includes govt.

112 is Age Discrim Act. “Employer” includes State + LG.