The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.042

112.042 Discrimination in county and municipal employment; relief.—

(1) It is 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, national origin, sex, handicap, or religious creed of any individual, to refuse to hire or employ, to bar, or to discharge from employment such individuals or to otherwise discriminate against such individuals with respect to compensation, hire, tenure, terms, conditions, or privileges of employment, if the individual is the most competent and able to perform the services required.

(2)(a) Any person, firm, corporation, association, or other group or body, jointly or severally, who is aggrieved by any decision, regulation, restriction, or resolution adopted by the governing body of any county or municipal agency, board, commission, or department which is an unlawful employment practice under this section may apply to such agency, board, commission, or department at any time for a modification or rescission thereof. If such modification or rescission is refused, any such person, firm, corporation, association or other group or body may, within 30 days after such refusal, but not thereafter, institute original proceedings for relief in the circuit court of the county.

(b) There is no right to apply to the court for relief on account of any order, requirement, decision, determination, or action of any county or municipal officer pursuant to this section unless there has first been an appeal therefrom to the governing agency, board, commission, or department to which such officer is responsible.

(3) Nothing in this section shall be construed to prohibit alternative relief through local civil service systems and boards provided for in s. 14, Art. III of the State Constitution.

History.—s. 1, ch. 69-334; s. 2, ch. 84-125.

F.S. 112.042 on Google Scholar

F.S. 112.042 on Casetext

Amendments to 112.042

Arrestable Offenses / Crimes under Fla. Stat. 112.042

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.042.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BRULEY, v. VILLAGE GREEN MANAGEMENT COMPANY, a LBK LP, a d b a TR a d b a, 592 F. Supp. 2d 1381 (M.D. Fla. 2008)

. . . . § 112.042 (2007) (for discharge or discrimination by county or municipal employer on basis of race, . . .

RANGER INSURANCE COMPANY, v. BAL HARBOUR CLUB, INC., 549 So. 2d 1005 (Fla. 1989)

. . . See, e.g., §§ 110.105, 110.233 (in state employment): § 112.042 (in county and municipal employment): . . .

SMITH, v. HARVEY,, 648 F. Supp. 1103 (M.D. Fla. 1986)

. . . . § 112.042(1) (1983) (prohibits discrimination in county or municiple employment). . . . .

F. SHUTTLEWORTH, v. BROWARD COUNTY, T. J. Jr., 639 F. Supp. 654 (S.D. Fla. 1986)

. . . .-01-760.10, exists as an additional remedy against discrimination alongside § 112.042, Fla.Stat.Ann. . . .

M. HARTLEY, v. OCEAN REEF CLUB, INC., 476 So. 2d 1327 (Fla. Dist. Ct. App. 1985)

. . . See, e.g., § 40.271, Fla.Stat. (1983) (for discharge because of service on a jury); § 112.042, Fla.Stat . . .

HOUSING AUTHORITY OF CITY OF SANFORD, v. L. BILLINGSLEA,, 464 So. 2d 1221 (Fla. Dist. Ct. App. 1985)

. . . Sanford filed a petition for a writ of prohibition with this court asserting that Florida Statutes § 112.042 . . . Relator relies on this principle and contends that because section 112.042 is a special law while the . . . Human Rights Act is a general law, the provisions of section 112.042 should prevail. . . . Section 112.042 requires that there be a demand upon the agency to correct its practices and policies . . . Section 112.042, Florida Statutes (1983) says in pertinent part: 112.042 No discrimination in county . . . It is true, as contended by petitioner, that section 112.042, Florida Statutes (1983), originally enacted . . . factors of race, color, sex, etc., does not constitute actionable discrimination under either section 112.042 . . .

H. ROGERO, v. B. M. NOONE,, 704 F.2d 518 (11th Cir. 1983)

. . . Fla.Stát. 112.042(1) states: It shall be against the public policy of this state for the governing body . . .

UNITED STATES v. CITY OF MIAMI, FLORIDA, v. FRATERNAL ORDER OF POLICE, CITY OF MIAMI LODGE NO. R., 664 F.2d 435 (5th Cir. 1981)

. . . . § 112.042 (1971) and with the City’s duty to develop and implement affirmative action programs under . . .

P. MURPHY, v. L. MACK, 358 So. 2d 822 (Fla. 1978)

. . . Section 447.203, Florida Statutes (1975), it would have expressly done so as it had done in Section 112.042 . . .

ELLIS, v. BRADDY, 272 So. 2d 562 (Fla. Dist. Ct. App. 1973)

. . . five highest scoring candidates on its eligibility list and, in addition, contravenes Florida Statute 112.042 . . .

COFFEY, Jr. v. BRADDY, 372 F. Supp. 116 (M.D. Fla. 1971)

. . . Rules, Section 19.03 of Article 19 of the City Charter of Jacksonville, and Florida Statutes, Section 112.042 . . . now moved to amend the Court’s order of August 12, 1971, to temporarily suspend Florida Statutes § 112.042 . . . Therefore, it is Ordered: For the purposes of this cause only, Florida Statutes § 112.042(1), F.S.A.; . . . Florida Statutes § 112.042(1), F.S.A. reads as follows: (1) It shall be against the public policy of . . .