Human Rights & Fair Employment Practices

Frequently Asked Questions

• How does the law define discrimination and how can I tell if I have been discriminated against?
• I want to file a complaint of unlawful harassment, but I need to know whether or not the complaint is valid. How can I find out that information?
• What is sexual harassment?
• Who determines whether harassing behavior is unwelcome?
• Can non-County employees file a complaint of discrimination with the Office of Human Rights and Fair Employment Practices?

How does the law define discrimination and how can I tell if I have been discriminated against?

Discrimination is abusive or harassing behavior towards others based on their race, sex, national origin, color, religion, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran’s status, the exercise of their constitutional or statutory rights, and retaliation. It applies to hiring, termination, promotion, compensation, job training, or any other term, condition or privilege of employment. There are federal, state and local laws and regulations that protect individuals from employment discrimination.

I want to file a complaint of unlawful harassment, but I need to know whether or not the complaint is valid. How can I find out that information?

Miami-Dade County has a policy against harassment based on discriminatory conduct, which is outlined in Administrative Order 7-37 and can be accessed through the Intranet. This policy mandates that the work environment be free of discriminatory harassing conduct.

What is sexual harassment?

Sexual harassment is unwelcome conduct of a sexual nature and may consist of sexual advances, requests for sexual favors, and other verbal or physical conduct. Conduct may constitute sexual harassment when it explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

The victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee can be a sexual harasser. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Who determines whether harassing behavior is unwelcome?

In each case, the victim decides whether a certain behavior is welcome or unwelcome. It is the impact of the behavior on the victim that counts, not the intent of the behavior.

Can non-County employees file a complaint of discrimination with the Office of Human Rights and Fair Employment Practices?

Yes. Non-County employees have the right to file a claim of discrimination with the Office of Human Rights and Fair Employment Practices against a current County employee or regarding an issue dealing with the employment application process.

These are just a few of the commonly asked questions that are posed to the Office of Human Rights and Fair Employment Practices. For additional information regarding discrimination claims or issues involving workplace violence, contact the Office of Human Rights and Fair Employment Practices at (305) 375-2784.

Back to Top Page Last Edited: Tue Jul 12, 2011 12:18:38 PM