Human Rights & Fair Employment Practices

Frequently Asked Questions

The Office of Human Rights and Fair Employment Practices receives hundreds of calls each year from Miami-Dade County employees requesting information regarding claims of discrimination or disparities in the workplace.  Inquiries vary slightly, but the responses are similar.  Below is a list of frequently asked questions that are addressed to the Office's Fair Employment Practices Specialists.  If you do not find the answer you are looking for here please contact our office at (305) 375-2784.

• My co-worker and his buddy make comments about women that I feel are offensive. I have asked them to stop, but the behavior persists. Is this a hostile work environment?
• When I turned 60, my supervisor reassigned my responsibilities to a significantly younger employee. Can I file a complaint of age discrimination?
• My boss is the ultimate micro-manager and it frustrates everyone on the staff. Can her conduct be considered as unlawful harassment?
• Can a supervisor prohibit an employee from speaking a language, other than English, on the job?
• 90 percent of sexual harassment cases filed are by women. If I'm a man, can I file a complaint and will it be taken seriously?

My co-worker and his buddy make comments about women that I feel are offensive. I have asked them to stop, but the behavior persists. Is this a hostile work environment?

Perhaps.  It is the policy of Miami-Dade County that every workplace should be free of offensive comments, jokes, pictures, or conduct.  In order for offensive comments and jokes to create an unlawful hostile work environment, two requirements must be met:  1) the comments and jokes must be based on a person's membership in a protected class, such as race, gender, or religion; and 2) the conduct must unreasonably interfere with an employee's ability to do his or her job.  The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.

When I turned 60, my supervisor reassigned my responsibilities to a significantly younger employee. Can I file a complaint of age discrimination?

Yes.  You may file a complaint of age discrimination with the Office of Human Rights and Fair Employment Practices and/or the Equal Employment Opportunity Commission (EEOC).  The law states that "it is unlawful to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age."

My boss is the ultimate micro-manager and it frustrates everyone on the staff. Can her conduct be considered as unlawful harassment?

Probably not.  Unless the harassing conduct is based on a person's race, gender, religion, national origin, or other protected status, it is not illegal.

Can a supervisor prohibit an employee from speaking a language, other than English, on the job?

A rule requiring that employees speak only English on the job may be illegal unless an employer shows that the requirement is necessary for conducting business.  If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.  Therefore, a supervisor may not prohibit employees from speaking a language other than English in the workplace during their breaktimes, lunch periods, or when they are not conducting business.

90 percent of sexual harassment cases filed are by women. If I'm a man, can I file a complaint and will it be taken seriously?

Yes, on both accounts.  All cases filed with the Office of Human Rights and Fair Employment Practices are taken seriously.  Each case is reviewed for sufficiency and investigated based on its merit.  The sex of the complainant has no bearing on the claim.  Therefore, a man or a woman can file a case of sexual harassment; and, the complainant may be of the same sex as the harasser.

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.

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