Florida Employment Discrimination

Florida Anti-Discrimination Laws

In addition to federal anti-discrimination laws (such as those under Title VII, ADA, ADEA, Equal Pay Act, and others), Florida has enacted its own anti-discrimination laws under the Florida Civil Rights Act to protect Florida employees . In Florida, the law prohibits employers from discriminating against applicants or employees on the basis of:

Race;
Color;
National origin;
Religion;
Sex;
Disability or handicap;
Age;
Marital status (single, married, divorced, widowed, etc.);
AIDS/HIV; or
Sickle cell trait.

Like the federal anti-discrimination laws, Florida law also prohibits an employer from retaliating against an individual who alleges employment discrimination in violation of federal law. That is, an employer cannot take any adverse or negative action against an employee who is trying to protect his or her rights.

Federal & Florida Discrimination Remedies

When an employer or potential employer discriminates against you in violation of your federal rights, you have the right to seek certain remedies. Depending on the particular form of discrimination and whether you are an employee or applicant, you may be entitled to certain remedies. These remedies can include:

Placement in the job you applied for (if you were discriminated against as an applicant, for instance);
Back pay and benefits (if you were denied a promotion because of discrimination, for example);
Orders that the employer cease the discriminatory practices;
Requirements that the employer take steps to prevent discrimination from happening again;
Compensatory damages to cover expenses incurred by the discrimination (such as expenses incurred in searching for another job);
Compensatory damages to address emotional harm, mental anguish and suffering;
Punitive damages designed to “punish” an employer who has acted especially recklessly; and
Attorney’s fees and other costs.

In Florida, claims under state discrimination law are investigated in a similar manner as federal discrimination claims. A complaint can be filed with the Florida Commission on Human Relations (“FCHR”) where you have suffered discrimination within the previous year and there are no federal or local agencies responsible for accepting complaints of the alleged discrimination.

So, for instance, where persons that believe they were discriminated on the basis of having HIV or AIDS, or on the basis of their marital status, the process of seeking Florida remedies would begin with filing a complaint with the FCHR. If discrimination is proven or indicated, the individual discriminated against can recover back pay and costs of bringing the action. The employer can also be required to take actions to ensure discrimination will not occur again.

LEGALLY REVIEWED BY

Kelly O'Connell

Attorney O’Connell brings years of experience litigating a variety of employment law, civil rights, and breach of contract causes of action in federal and state courts.

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