The Office of Fair Employment Practices (OFEP) 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 that I feel are offensive. Although the comments are not directed towards me, I can still hear them because of their close proximity. I have asked them to stop referring to women in a disrespectful manner, but the behavior persists. Would this be considered 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.
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I just celebrated my 60th birthday last week. Now, my supervisor is reassigning my responsibilities to an employee who just started two weeks ago. No one else in my Division has had their job tasks reassigned. I think that my supervisor is discriminating against me. Can I file a complaint of age discrimination?
Yes. You may file a complaint of age discrimination with the Office of 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."
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My boss stands over my shoulder at least two hours a day. She is always calling and asking for an update on my progress. The other day, she gave me an assignment and called an hour later to see if it was complete. She is constantly nagging me and tries to push me to the limit everyday. She is the ultimate micro-manager and it frustrates everyone on the staff. It is to the point where she has crossed the line of micro-managing to harassing. 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.
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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.
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It is my understanding that 90 percent of sexual harassment cases filed are by women. If I'm a man, can I file a case of sexual harassment? And if I do, will my case be taken seriously?
Yes, on both accounts. All cases filed with the Office of 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.
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These are just a few of the commonly asked questions that are posed to the Office of Fair Employment Practices. For additional information regarding discrimination claims or issues involving workplace violence, contact the Office of Fair Employment Practices at (305) 375-2784.
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