Florida/Georgia Personal Injury & Workers Compensation

...379 (S.D.N.Y.1979). But see Aguilera v. Cook County Merit Board, 21 F.E.P. 731 (N.D.Ill.1979) 2 Fla.Stat. 125.01 prescribes the powers and duties of a county government and grants a county the power to: "(u) Create civil service systems and boards." Fla.Stat. 112.042(1) states: It shall be against the public policy of this state for the governing body of any county or municipal agency, board, commission, department, or office, solely because of the race, color, sex, religious creed, or national origin of...

...1003 (1982) (no coverage where "calculating intent" to discriminate shown); Comment, Insurance Against Civil Liability for Employment Discrimination, 80 Colum.L.Rev. 192 (1980) (no coverage except where "good faith" effort to avoid discrimination shown). [5] See, e.g., §§ 110.105, 110.233 (in state employment); § 112.042 (in county and municipal employment); § 229.8021 (in Dept....

(amended by Chapter 71-333, Laws of Florida), Section 112.42, Florida Statutes, F.S.A., relating to the

...(which does contain an exclusion for any law enforcement agency) respondent argues that had the Legislature intended to exclude sheriffs from the coverage of Section 447.203, Florida Statutes (1975), it would have expressly done so as it had done in Section 112.042, Florida Statutes (1975)....

...izable in a court of competent jurisdiction. See Smith, 427 So.2d at 183-84. The legislature has also provided for civil actions in other employment-related areas. See, e.g., § 40.271, Fla. Stat. (1983) (for discharge because of service on a jury); § 112.042, Fla....

...(West 1986), was intended to be the sole state remedy available to persons alleging discrimination by state entities. See Housing Authority v. Billingslea, 464 So.2d 1221, 1224 (5th Fla.Dist.Ct.App.1985) (Florida Human Rights Act of 1977, § 760.01-760.10, exists as an additional remedy against discrimination alongside § 112.042, Fla.Stat.Ann....

7661(2) (incorporating 42 U.S.C. § 7412(a)(1) (CAA § 112); 42 U.S.C. § 7602(j) (CAA § 302 or part D of Title

...fying and hiring, and from certifying and hiring any such applicants, for fire private in the Consolidated City of Jacksonville, contrary to [Civil Service Rule 6.2, Civil Service Rule 7.2, Charter of City of Jacksonville, Article 19, Section 19.03, Section 112.042(1), Florida Statutes [F.S.A]], and shall forthwith and permanently cease and desist from hiring any applicant for fire private, in the Consolidated *120 City of Jacksonville, Florida, with a lower final rating, merit or qualification than another available applicant, on the basis of race, or color, contrary to said Civil Service Rules, Section 19.03 of Article 19 of the City Charter of Jacksonville, and Florida Statutes, Section 112.042(1) [F.S.A.]. Plaintiffs herein have now moved to amend the Court's order of August 12, 1971, to temporarily suspend Florida Statutes § 112.042(1), F.S.A....

...Nevertheless, these were implicitly suspended by that earlier order and now must be expressly suspended in order to maintain the integrity and vitality of that earlier order. Therefore, it is Ordered: For the purposes of this cause only, Florida Statutes § 112.042(1), F.S.A.; § 19.03, Article 19, Charter Laws of the Consolidated Government of the City of Jacksonville (1970); Rules 6.2 and 7.2, Consolidated Civil Service Board of the City of Jacksonville, Rules and Regulations (1970), are hereby temporarily suspended in their application nunc pro tunc to August 12, 1971....

...Alternatively, such person may be ordered to show cause why he should not be held in civil contempt, and subjected to remedial orders of this Court which may include, among other provisions, imprisonment or fine, or both. NOTES [1] Florida Statutes § 112.042(1), F.S.A....

e.g., Fla. Const., art. IV, § 7(a) (1968); Section 112.42, Florida Statutes (1977). Thus it appears that

governor under Article IV, Section 7(c)? "3. Does § 112.42, F.S. represent an invalid limitation upon the

...ring officer, conduct the necessary proceedings *1223 required, and submit a recommended order to the Commission. The Housing Authority of the City of Sanford filed a petition for a writ of prohibition with this court asserting that Florida Statutes § 112.042 [1] provides the exclusive remedy for the claimed violation of Williams' rights and that the hearing officer and the Human Relations Commission will act in excess of their jurisdiction in hearing this case because the cited statute vests exclusive jurisdiction with the circuit court....

...The relator concedes that it is an agency of the municipality, and respondents do not controvert this allegation. They part company on the question of where jurisdiction lies to hear Linda Williams' complaint. The relator contends that exclusive jurisdiction is vested in the circuit court pursuant to section 112.042, whereas respondents contend that, at the very least, there is concurrent jurisdiction under sections 760.01-760.10....

...ve intent to the contrary. City of St. Petersburg v. Carter, 39 So.2d 804 (Fla. 1949); State v. Sarasota County, 74 So.2d 542 (Fla. 1954); 49 Fla.Jur.2d Statutes § 182 (1984). Relator relies on this principle and contends that because section *1224 112.042 is a special law while the Human Rights Act is a general law, the provisions of section 112.042 should prevail....

...We find nothing in the respective statutes to support relator's contention. Each statute specifically addresses discriminatory employment practices, so neither can be construed as more "special" than the other. The Human Rights Act of 1977 is much broader and much more comprehensive in scope than is section 112.042. The procedures under the statutes are different. Section 112.042 requires that there be a demand upon the agency to correct its practices and policies, after which an action may be filed in circuit court. The Human Rights Act requires no such demand, and provides an administrative remedy to one allegedly discriminated against. Thus, the statutes each seem to have their own concurrent spheres of operation. Section 112.042 proscribes discrimination because of race, color, sex, religious creed or national origin if the individual discriminated against is the most competent and able to perform the services required....

...Section 760.10, on the other hand, additionally proscribes discrimination because of age, handicap or marital status, and does not require any showing that the person allegedly discriminated against is the most competent and able to perform the services required. Because section 112.042 does not address the issue of discriminatory employment practices more specifically than does the Human Rights Act of 1977, we see no legislative intent that the former divests the Commission of its authority to consider the complaint....

...The Petitioner, Housing Authority of the City of Sanford, Florida, seeks rehearing in this cause of our opinion dated January 3, 1985, arguing that this court has misapprehended the distinction between a general and a special statute. It is true, as contended by petitioner, that section 112.042, Florida Statutes (1983), originally enacted in 1969, comprehends only discrimination in regard to county and municipal employment, whereas the Human Rights Act of 1977, sections 760.01-760.10, proscribes discrimination by any employer....

...are irrelevant considerations in discrimination cases. Obviously, employment based upon the factors of competency and ability, as opposed to the proscribed factors of race, color, sex, etc., does not constitute actionable discrimination under either section 112.042 or chapter 760....

...We grant rehearing to the extent of modifying our previous opinion by the addition of the foregoing clarification. Otherwise, the petition for rehearing is denied. GRANTED in part; DENIED in part. COBB, C.J., and ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] Section 112.042, Florida Statutes (1983) says in pertinent part: 112.042 No discrimination in county and municipal employment....

7661(2) (incorporating 42 U.S.C. § 7412(a)(1) (CAA § 112); 42 U.S.C. § 7602(j) (CAA § 302 or part D of Title

...sed. (Doc. 1-2 at 7 (Notice of Dropping Party).) [2] See, e.g., Fla. Stat. § 440.205 (2007) (for discharge in retaliation to filing a worker's compensation claim); Fla. Stat. § 40.271 (2007) (for discharge because of service on a jury); Fla. Stat. § 112.042 (2007) (for discharge or discrimination by county or municipal employer on basis of race, color, sex, religious creed or national origin)....

...and policy, as it affects the litigants in the present action, is valid. The clerk is directed to enter summary judgment in favor of the defendants on all counts of the complaint. NOTES [1] The plan's stated purpose is also consistent with Fla.Stat. § 112.042(1) (1983) (prohibits discrimination in county or municiple employment)....

...e. Plaintiff further alleged that the foregoing proposed plan violated Civil Service rules as to examination of all candidates and then placing the five highest scoring candidates on its eligibility list and, in addition, contravenes Florida Statute 112.042(1), F.S.A., prohibiting discrimination by any Florida governmental agency in employing solely because of race....