Federal & State Regulations | Discrimination - Other - Florida

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Florida Civil Rights Act lists the following protected classes for purposes of employment discrimination:

Race  
Color 
Religion  
Sex 
Pregnancy 
National origin (includes ancestry) 
Age 
Handicap  
Marital status

The main Florida employment discrimination law applies to employers with 15 or more employees.

Florida also regulates discrimination on the basis of AIDS/HIV, lack of vaccination proof, genetic information, and sickle-cell trait.

Vaccination-related discrimination banned

A law enacted on May 12, 2023 and effective June 1, 2023 prohibits business and governmental entities from requiring individuals to provide proof of vaccination or post-infection recovery from any disease to gain access to, entry upon, or service from such entities. The new law further prohibits employers from refusing employment to or discharging, disciplining, demoting, or otherwise discriminating against an individual solely on the basis of vaccination or immunity status.

Marital status discrimination

The unlawful employment practices regarding marital status are the same as for race, color, sex, national origin, age, and handicap. The apply with respect to hiring, firing, and other conditions of employment. Also, an exemption is provided for a bona fide occupational qualification. In addition, it is not unlawful to take, or fail to take, any action on the basis of marital status if that status is prohibited under an anti-nepotism policy.

Genetic discrimination

The term “DNA analysis” means the medical and biological examination and analysis of a person to identify the presence and composition of genes in that person’s body. The term includes DNA typing and genetic testing.

DNA analysis may be performed only with the informed consent of the person to be tested, and the results, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without the consent of the person tested.

A person who performs DNA analysis or receives records, results, or findings of DNA analysis must provide the person tested with notice that the analysis was performed or that the information was received. The notice must state that, upon the request of the person tested, the information will be made available to his or her physician. The notice must also state whether the information was used in any decision to grant or deny any insurance, employment, mortgage, loan, credit, or educational opportunity. If the information was used in any decision that resulted in a denial, the analysis must be repeated to verify the accuracy of the first analysis, and if the first analysis is found to be inaccurate, the denial must be reviewed.

AIDS/HIV discrimination

Any person with or perceived as having acquired immune deficiency syndrome, acquired immune deficiency syndrome related complex, or human immunodeficiency virus (HIV) must have every protection made available to handicapped persons.

No person may require an individual to take a HIV-related test as a condition of hiring, promotion or continued employment unless the absence of HIV infection is a bona fide occupational qualification for the job in question. A person who asserts that a bona fide occupational qualification exists for HIV-related testing has the burden of proving that:

The HIV-related test is necessary to ascertain whether an employee is currently able to perform in a reasonable manner the duties of the particular job or whether an employee will present a significant risk of transmitting HIV infection to other persons in the course of normal work activities; and

There exists no means of reasonable accommodation short of requiring that the individual be free of HIV infection.

A person who asserts that an individual who is infected with HIV is not otherwise qualified has the burden of proving that no reasonable accommodation can be made to prevent the likelihood that the individual will, under the circumstances involved, expose other individuals to a significant possibility of being infected.

The state law also provides protections similar to those for other forms of discrimination, such as compensation, terms, conditions, or privileges of employment.

Every employer who provides or administers health insurance benefits or life insurance benefits to its employees must maintain the confidentiality of information relating to the medical condition or status of any person covered by such insurance benefits.

Sickle-cell trait discrimination

No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity can:

deny or refuse employment to any person, or discharge any person from employment solely because such person has the sickle-cell trait.
require screening or testing for the sickle-cell trait as a condition for employment, for admission into any state educational institution or state-chartered private educational institution, or for becoming eligible for adoption if otherwise eligible for adoption.

Posting

Each employer, employment agency, and labor organization must post and keep posted in conspicuous places upon its premises a notice provided by the commission setting forth such information as the commission deems appropriate.