Anti-discrimination laws in Florida are outlined in the Florida Civil Rights Act of 1992 (FCRA). This is the same place you’ll find the Florida (FL) Sexual Discrimination Law in the Workplace information. The FCRA applies to employers, employment agencies, labor unions, and job training, apprenticeship and licensing organizations. It excludes organizations where employment is conditioned on organizational membership or beliefs such s religious and educational groups. Another important fact about employers is that it only applies to those employing fifteen or more employees. Some cities in Florida do have local ordinances that apply to employers with less than fifteen employees, however.
The FCRA does not specifically define who would be considered an employee under the law, so anyone who feels they are a victim of the law should file a complaint. Such discriminatory acts include firing or hiring based on gender as well as determining an individual’s pay and employment terms and conditions on the basis of gender.
Employers are allowed to treat individuals differently based on sex if a person’s gender is a genuine qualification or is reasonable necessary to complete the tasks of the position in question. In addition, employers in Florida can operate under seniority systems and payment systems where the employee is paid based on the quality or quantity of work as long as these systems do not, by nature, discriminate against anyone based on gender.
If you have a complaint, you must file it within 365 days of the alleged discriminatory act with the Florida Commission on Human Relations (FCHR). To do so, you just need to contact them by phone, in writing, electronically or in person. You will need to be able to provide a list of facts surrounding your complaint when you make this contact.
The FCHR will look into the case. If they determine there is reasonable cause to believe there was a violation of FCRA, you will be able to either request an administrative hearing or file a suit in private court. You are unable to take your claim to the private courts until it has gone through the FCHR. Additionally, the FCHR works with the EEOC, so filing a complaint with the FCHR automatically starts the process with the EEOC as well.
As an employee in Florida, it’s up to your to know your rights. As an employer in Florida, it’s up to you to know your responsibilities. To help keep everyone informed, be sure to keep an updated version of the Florida Complete Labor Laws poster posted in the workplace.