Florida Supreme Court: Pregnancy Discrimination Barred Under State Law
April 18, 2014
The Florida Supreme Court on Thursday ruled that a state law barring discrimination based on gender also applies to pregnant women, resolving divisions in lower courts and addressing a question confronting lawmakers this session.
The 1992 Florida Civil Rights Act, which bars employers from discriminating based on “race, color, religion, sex, national origin, age, handicap, or marital status,” includes pregnant women although the condition is not specifically identified in the law, the Supreme Court ruled in a 6-1 opinion.
“Indeed, the capacity to become pregnant is one of the most significant and obvious distinctions between the female and male sexes. For this reason, discrimination based on pregnancy is in fact discrimination based on sex because it is discrimination as to a natural condition unique to only one sex and that arises ‘because of [an] individual’s . . . sex,’ ” Justice Barbara Pariente wrote for the majority.
The case was filed by Peguy Delva against The Continental Group, which is a property-management firm. Delva contended, in part, that the firm would not allow her to cover other workers’ shifts to earn extra money and that she was not scheduled for work after returning from maternity leave, according to court documents. A Miami-Dade County circuit court and the 3rd District Court of Appeal sided with the company. The appeals court said there was “no doubt” the Delva, a front desk manager, had a sufficient claim of discrimination but that the law did not cover pregnancy. Delva no longer works for the company.
In a dissent, Chief Justice Ricky Polston agreed with lower courts that found the “plain meaning” of the law does not address pregnancy discrimination.
“On its face, the term ’sex’ does not refer to whether one is pregnant or not pregnant even though that status is biologically confined to one gender,” Polston wrote.
Federal law contains an explicit ban on discrimination “on the basis of pregnancy,” contained in the 1978 Pregnancy Discrimination Act. But, unlike state law in discrimination cases, the federal law includes caps on some legal damages that depend on the size of the businesses. State law also gives plaintiffs more time to file lawsuits.
The Florida Senate unanimously approved a bill (SB 220) that would add pregnancy to the Florida Civil Rights Act, and a House companion (HB 105) is ready for a floor vote.
Despite Thursday’s ruling, Rep. Lori Berman, a Lantana Democrat and sponsor of the House measure, said the Legislature still needs to act.
“I think it’s great,” Berman, a lawyer, said of the court’s decision. “I think my bill is a codification and I think that it’s just as important as ever for the Legislature to pass it and for the governor to enact it as law.”
by Dara Kim, The News Service of Florida
Chiefs Split Games With Washington
April 18, 2014
The Northview Chiefs wrapped up their regular season Thursday as they hosted the Washington Wildcats.
The junior varsity Chiefs defeated Washington 4-3, while the NHS varsity lost to WHS 5-0.
The varsity Chiefs finished the season at 15-5, 7-3 in the district. The district championship games being Monday in Chipley. Northview will play on Tuesday in Chipley against the Monday winner between Freeport and Holmes County.
NorthEscambia.com photos by Ramona Preston, click to enlarge.
Wahoos Lose Second Straight To Biscuits
April 18, 2014
The Pensacola Blue Wahoos (7-7) lost the game and the series to the Montgomery Biscuits (8-6) on a rainy night at Pensacola Bayfront Stadium. The Biscuits defeated the Wahoos 3-2 in a rain-shortened contest and have won three out of the first four games in the series. Due to the thunderstorm, the game was cut-short after eight innings.
RHP Jon Moscot (0-1) had his longest outing of the season going 6.1 innings while allowing 3 R/ER. Moscot had a season-high six strikeouts and walked just three Biscuit batters.
Steve Selsky led the charge again for the Wahoos going 2-for-3 with a pair of singles and two RBI. Right fielder Bryson Smith had his third multi-hit game of the season going 2-for-4 with two doubles.
RHP Michael Colla made his third start of the season and it was an impressive one. Colla pitched 7.0 innings and had a season-best eight strikeouts. Colla did give up seven hits but only walked one batter in earning the win.
The Biscuits third baseman, Richie Shaffer, scored the first run of the game on a solo home run in the 2nd inning. Shaffer went 1-for-4 on the evening with an RBI. Catcher Luke Maile went 1-for-2 with a two-RBI single in the fourth inning to give the Biscuits a 3-0 lead.
Friday is the final game of the series between the Biscuits and Wahoos. Before the game, join Marcus Pointe Baptist Church and the Blue Wahoos for Egga-Wahooza on the Community Maritime Park lawn. The free Easter Egg hunt will include 30,000 eggs and a select few will be autographed by the Blue Wahoos. Registration begins at 4 p.m. with the Egg Hunt to follow at 5 p.m. No game ticket is required. The first 2,000 fans through the gates for the game will receive a Blue Wahoos wooden egg courtesy of Fisher Brown Bottrell Insurance.
RHP Michael Lorenzen (1-0, 1.32) will make his third start of the season for the Wahoos. For the Biscuits, it will be the left-hander Grayson Garvin (0-1, 1.50)
by Tommy Thrall
Pictured: The Pensacola Blue Wahoos take on the Montgomery Biscuits at Pensacola Bayfront Stadium Thursday night. Photos by Michael Spooneybarger/ Pensacola Blue Wahoos for NorthEscambia.com, click to enlarge.
Eglin Schedules Another Weapons Test; ‘Booms’ Possible Again
April 17, 2014
Booms that were felt and heard across the North Escambia area on Wednesday were attributed to F-16’s at Eglin Air Force Base, and officials say the booms could happen again Friday morning.
Two F-16’s from the 85th Test and Evaluation Squadron will conduct a routine weapons test Friday, April 18, from 8 to 8:30 a.m. Gulf Breeze, Navarre and areas of Escambia County might hear detonations during this time, according to a base news release.
The 85th Test and Evaluation Squadron is responsible for conducting operational test and evaluation, tactics development, and programs for F-15C, F-15E, and F-16CM aircraft. The 85th tests and evaluates current and future weapons, associated electronic warfare subsystems, the newest air-to ground munitions, air-to-air missiles, electronic warfare systems, and associated subcomponents and avionics. It provides operational fighter expertise to U.S. Air Force Headquarters, DoD agencies, and the aerospace industry in the development of future aircraft and employment techniques and concepts.
Arrest Made After Teen Stabbed In Barth
April 17, 2014
A teenager was airlifted to a Pensacola hospital after being stabbed in the Barth community north of Molino Wednesday night, and another teen is charged with the crime.
The 16-year old male was reportedly stabbed twice — including once in the chest area — about 7:15 p.m. during and altercation in the area of Barth Lane and Barth Road. He was transported by ambulance to the Molino Fire Station and transferred to an awaiting LifeFlight helicopter. The teen’s wounds were not believed to be life threatening.
Pictured top and inset: The scene of a stabbing in the Barth community Wednesday night in the area of Barth Lane and Barth Road. Pictured below: The victim was transported by ambulance to the Molino Fire Station and transferred to an awaiting LifeFlight helicopter. NorthEscambia.com photos, click to enlarge.
Amazon To Start Collecting Sales Tax In Florida
April 17, 2014
Internet giant Amazon.com will start to collect sales taxes on purchases made by Floridians starting May 1.
For Floridians who are supposed to pay the taxes but haven’t, the announcement of Amazon’s entry into the state’s brick-and-mortar retail landscape could mean about $80 million a year in sales taxes, according to one business lobbying group.
Ty Rogers, a spokesman for the Seattle-based retailer, responded simply in an email on Wednesday that “Amazon will be required to collect sales tax in Florida beginning on May 1.”
The announcement isn’t unexpected as the company is building a pair of massive “fulfillment” centers along the Interstate 4 corridor.
John Fleming, a spokesman for the Florida Retail Federation, said the announcement is probably a sign that Amazon will soon trigger a collection requirement by starting to hire for the year-end holidays, which for retailers begins in September.
“They’re going to have to have employees ready by then,” Fleming said.
The Tampa Bay Times reported Wednesday that Amazon intends to open its new 1.1 million-square-foot warehouse in southeastern Hillsborough County by the end of the year.
The company also is upping its hiring projections for the facility from 1,100 to about 2,500, including seasonal hires, according to the Times.
The Amazon announcement won’t end the drive by some groups to eliminate an exemption that has allowed out-of-state online retailers including Amazon, eBay and Overstock to avoid collecting the taxes.
The Florida Department of Revenue requires online companies to begin collecting sales taxes once a company has a physical presence in the state. That has allowed many out-of-state online retailers, including Amazon, to avoid adding the taxes to online purchases. Floridians are supposed to pay the taxes themselves when they buy from online retailers, but few do.
The Florida Retail Federation, which estimates the state will collect $80 million a year from Amazon sales, has been pushing for years to get Florida to impose what the group calls “e-Fairness” tax laws and Congress to approve what is known as the Marketplace Fairness Act.
Fleming said the current focus leans toward Congress taking action, as the federal act would give states the authority to require online and catalog retailers —- regardless of where they are —- to collect sales taxes at the time of transactions.
Besides, state lawmakers, reluctant to impose new taxes, haven’t shown much interest in e-Fairness efforts despite the lobbying efforts of Florida-based business and retail groups.
Eight bills on the issue died during the 2013 state legislative session, including one that would have offset the additional revenue collected by lowering other taxes.
This year there has been less interest in Tallahassee for e-Fairness.
State economist Amy Baker said an estimated impact of Amazon’s tax collections on Florida’s revenue could be ready this summer. The company was not included in a March forecast by the state Revenue Estimating Committee.
“We discussed it, but felt there was still too much uncertainty — particularly in regard to timing — to make the inclusion at that time,” Baker said in an email.
by Jim Turner, The News Service of Florida
Trial Postponed For Molino Woman Claiming Self Defense In Husband’s Fatal Shooting
April 17, 2014
Trial been postponed for a Molino woman accused of murdering her husband last year.
Rebecca A. Rogers, 43, appeared before Judge Linda Nobles Wednesday in Escambia County Circuit Court. Nobles, at the request of both her defense attorney and prosecutors, reset Roger’s jury trial. Jury selection is now set to begin in late June.
Rogers allegedly shot her husband, 42-year old Jason Lee Rogers, in the head last August at the couple’s home in the 3400 block of Highway 29 near Mathison Road. He died about two days later.
Rebecca Rogers called 911 to say that her husband choked her and she shot him, according to an arrest report. Deputies arrived to find Rebecca Rogers standing outside the home. They found Jason Rogers lying unconscious in the back bedroom of the home on his stomach with what appeared to be a gunshot to his head. According to the report, he also suffered two other gunshot wounds to the back.
Rogers has claimed the shooting was in self defense. She remains free on a $300,000 bond.
Man Sentenced For Sexual Misconduct At Juvenile Girls Facility
April 17, 2014
Ernest Lerenza Parker was sentenced Wednesday by Santa Rosa Circuit Judge John Simon to 25 years in prison followed by 10 years of sex offender probation. Parker was convicted by a Santa Rosa County Jury on March 7 of three counts of sexual misconduct.
Parker was employed as a medical technician at the Milton Girls Juvenile Residential Facility from March 2012 until December 2012. During the time of his employment, the 53-year old Milton man engaged in various sexual acts with several of the girls who were committed to the facility. These crimes were reported to law enforcement during an investigation of physical abuse that had occurred at the juvenile facility.
The Santa Rosa County Sheriff’s Office and Department of Juvenile Justice conducted an extensive investigation which resulted in Parker’s arrest. Parker admitted to investigators that
he had touched several of the juveniles in a sexual manner. During the trial the girls testified that Parker had touched them inappropriately, engaging in sexual acts with some of them.
The Milton juvenile facility was closed on December 24, 2012.
Coalition Pushes For Open Government, Ethics Reforms
April 17, 2014
A coalition of groups called Wednesday for lawmakers to approve bills that would overhaul open-records and ethics laws before the legislative session ends in little more than two weeks.
The organizations — including the First Amendment Foundation, Common Cause Florida, Integrity Florida, the Citizens Awareness Foundation and The Tea Party Network —said the House should pass a counterpart (HB 1151) to a measure approved by the Senate (SB 1648) strengthening the state’s open-government rules.
The bill would create laws mirroring several court decisions, including one barring officials from demanding that citizens put requests for records in writing. Also, the bill would require open-government training for government employees.
It comes as the Legislature is on pace to boost the total number of exemptions from open-records laws to almost 1,100, said Barbara Petersen, president of the First Amendment Foundation.
“It’s a concern for us that the Legislature is very willing to create all of these exceptions to the constitutional right of access, but drags its heels on any attempt to improve our open-government laws,” Petersen said Wednesday at a press conference.
The coalition also pressed lawmakers to approve a handful of ethics bills, including one measure (SB 846) that would bar local elected officials from working as legislative lobbyists in the future — though they would be able to represent their agencies at the Capitol. The bill also would require independent special districts to set up lobbyist-registration systems.
by The News Service of Florida
(Disclosure: The News Service of Florida is a member of the First Amendment Foundation.)
Coaches Name Robinson To All-State First Team
April 17, 2014
The Florida Association of Basketball Coaches has named Northview’s Neino Robinson to the 2013-2014 Boys Class 1A All-State first team.
Robinson, a senior, was the only public school player from Escambia County named to any of the associations’ all-state teams in an classification. Players were selected based on in-person evaluations, a review of all-area teams selected by media from around the state, and recognition from the Florida Association of Basketball Coaches.
The Florida Association of Basketball Coaches includes coaches from the high school, junior college and four-year college levels.