PBCHRC Asks Governor-Elect Rick Scott To Issue An Executive Order Prohibiting GLBT Discrimination in State Government

December 6, 2010

Governor-elect Rick Scott
The Scott Transition Team
300 S.E. 2nd Street
Ft. Lauderdale, Florida 33301

Re: Executive Order on Equal Opportunity in State Employment

Dear Governor-elect Scott:

On behalf of the Board of Directors of the Palm Beach County Human Rights Council (“the Council”), I am writing to request that your first executive order address equal opportunity in state employment.

By doing so on the day you take office, you will assure all Floridians that the State of Florida is committed to providing equal employment opportunity in state government to all qualified individuals regardless of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, pregnancy or marital status.

Over the years, similar directives have been issued by the governors at least 30 states, including Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.

Enclosed please find a draft which your staff may want to utilize as a model.

If your staff has any questions or needs more information, please feel free to contact me directly.

Best wishes for a Merry Christmas, a Happy New Year and a successful administration.

Respectfully yours,



Judge Rand Hoch (retired)
President and Founder

RH:r
enclosure
copies w/out enclosure to: Board of Directors, PBCHRC

_____________________________________________________________________________________

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 11-1

WHEREAS, this nation and state were founded on the principle of freedom and equality;
and

WHEREAS, Congress enacted the landmark Title VII of the Civil Rights Act of 1964, making equal employment opportunity without discrimination the law of the land; and

WHEREAS, the 1972 amendment to the Civil Rights Act extended these provisions to all governmental agencies; and

WHEREAS, numerous federal and state laws, regulations and executive orders prohibit discrimination in employment against any person based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, pregnancy or marital status in Florida’s civil service system; and

WHEREAS, the Florida labor force is comprised of skilled and talented workers from all segments of the state's richly diverse population, enabling the state to lead the nation in innovation; and

WHEREAS, this work force diversity is of great value in building a more inclusive and qualified state civil service whose highest principle is duty to an equally diverse public; and

WHEREAS, this administration is strongly committed to ensuring equality of employment opportunity in all aspects of employment where every person can enjoy to their fullest capability the birthrights of our democracy.

NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested in me by the laws and Constitution of the State of Florida, do hereby promulgate the following Executive Order effective to January 4, 2011.

Section 1.
Equal employment opportunity for all individuals is the policy of the State of Florida in all its activities. All state officials, managers and supervisors shall vigorously enforce this policy.

Section 2.
All state agencies, departments, boards, and commissions shall recruit, appoint, train, evaluate and promote state personnel on the basis of merit and fitness, without regard to race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, genetic information, pregnancy or marital status or other non-job-related factors.

Section 3.
All state agencies, departments, boards and commissions shall have clear, written directives to carry out this policy and to guarantee equal employment opportunity, without retaliation or reprisal, at all levels of state government.

Section 4.
All state agencies, departments, boards and commissions shall regularly review their employment practices to ensure equality of opportunity in employment. Such actions include the use of inclusive recruitment, properly validated selection procedures and the elimination of non job-related and discriminatory practices.

Section 5.
All state agencies, departments, boards and commissions shall fully comply with all constitutional and civil service statutory and regulatory requirements to administer and enforce this policy.

Section 6.
The Department of Management Services shall provide statewide leadership, coordination, technical guidance and enforcement regarding efforts to fully achieve equal employment opportunity and non-discriminatory employment practices within the state civil service.


IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, the Capitol, this 4th day of January, 2011.



_________________________________
GOVERNOR
ATTEST:



________________________________
SECRETARY OF STATE