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Lecture 5.1 - Anti-Discrimination, Civil Rights and ADA This lecture and reading will consider anti-discrimination issues for guests and visitors. Employment issues will be discussed later. Anti- Discrimination Issues: U.S. Constitution - 13 th Amdt (prohibition of slavery) & 14 th Amdt (equal protection) U.S. Laws - reconstruction civil rights laws Civil Rights Act of 1964 No discrimination on basis of race, color, religion, national origin, gender Covers public accommodations establishments with interstate commerce State constitutions and statutes Florida - Fla. Statutes Ch. 760 and 509 = Florida Civil Rights Act of 1992 No discrimination on basis of race, color, religion, sex , national origin, age, handicap or marital status. F.S. 760.01 Employer means 15 or more employees Public Accommodations means lodgings, facilities principally engaged in selling food for consumption on the premises, gasoline stations, places of exhibition or entertainment and other covered establishments. See statutes which allow right to refuse accommodations or service to persons objectionable or undesirable to operator, but not on basis above for prohibited reasons for discrimination. NOTE: allowance for refusal does not prohibit discrimination for age or marital status. Florida has Commission to review claims of discrimination before suit Local (County and Municipality) statutes May have laws which prohibit discrimination on basis of same-gender couples Remedies Civil Rights Act = Injunctive relief + attorney fees May have separate right to claim for damages as civil action Page 1 of 4
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Defenses: Not engaged in interstate commerce or not a public accommodation (private)
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