Creating a workplace culture and environment where all your employees feel safe from discrimination and harassment is not just the right thing to do – it’s a legal requirement, with each state in the U.S. having its own anti-discrimination laws in place to complement federal requirements. So, what about Florida? Which Florida anti-discrimination laws do employers in The Sunshine State need to be aware of when they design their employment policies?
Let’s find out.
In today’s post, we are going to discuss everything you need to know about Florida’s anti-discrimination laws. We will also break down your obligations as an employer under these laws, and how you can build a diverse, equitable, and inclusive organization with the right best practices and technology.
Overview of Florida Anti-Discrimination Laws
As an employer or HR professional in The Sunny State, you probably have a firm grasp on most of the labor laws in the state of Florida, including the regulations governing Florida employee tax, the Florida minimum wage, unemployment compensation, workers’ compensation, and the Florida WARN Act. But are you familiar with the Florida anti-discrimination laws and how they impact your business?
Essentially, Florida anti-discrimination laws are specific regulations that the state has enacted in order to protect the citizens of Florida from discrimination and unfair treatment. This includes discrimination based on race, color, religion, sex, national origin, age, disability, marital status, and in some instances, sexual orientation and gender identity.
These laws provide a legal framework for eliminating discrimination in Florida. They work alongside similar federal employment laws, including the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pregnant Workers Fairness Act, to name a few.
Florida Civil Rights Act of 1992 (FCRA)
The Florida Civil Rights Act of 1992 (FCRA) closely resembles the federal Civil Rights Act of 1964. The latter, often referred to as Title VII, covers all aspects of employment, including recruitment, candidate selection, terminations, and other decisions concerning the terms and conditions of employment. This includes the refusal to hire or promote, reasons for termination, or the creation of company policies that are unrelated to a Bona Fide Occupational Qualifications (BFOQ). The federal Civil Rights Act also covers disparate treatment (when you demonstrate discriminatory intent against an applicant or employee as a direct result of them being a member of a protected class).
Much like its federal counterpart, the main aim of the Florida Civil Rights Act is to prevent discrimination in employment, public accommodations, and private club membership on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. The Act also includes a framework so that citizens of Florida who believe that they have been discriminated against can file a complaint with the Florida Commission on Human Relations or the courts
Florida Equal Pay Law
The Florida Equal Pay Law is an extension of the federal Equal Pay Act of 1963. It aims to promote pay parity and eliminate gender-based wage gaps.
Although pay discrimination was made illegal under federal law almost 60 years ago under Title VII of the Civil Rights Act of 1964 and the federal Equal Pay for Equal Work Act of 1963, gender and racial wage gaps are still a big issue for companies throughout the United States. To address this persistent issue, the Florida Equal Pay Law aims to create an environment where all employees receive equal pay for equal work.
Specifically, the Florida Equal Pay Law states that all employees have a right to pay equity and protection against sex-based compensation discrimination. This means that if multiple individuals are performing substantially equal jobs that require similar levels of skill, effort, and responsibility, and under similar working conditions, then you must pay them the same wage or salary, regardless of gender. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, life insurance, and holiday pay. The aim of the Act is to reduce economic disparities and support the principle that compensation should be determined by ability and job performance, not gender or race.
The Florida Civil Rights Act for Public Employees
Finally, aside from the laws designed to protect exempt and non-exempt employees from unfair treatment, Florida anti-discrimination laws also have regulations in place to protect public employees from discrimination in the workplace.
Specifically, the Florida Civil Rights Act for Public Employees has been designed to ensure that public sector workplaces are free from discriminatory practices based on race, color, religion, sex, national origin, age, disability, and marital status. The Act emphasizes Florida’s ongoing commitment to nurturing a fair, respectful, and inclusive work environment for all public employees.
Mechanisms include:
- Clear procedures so that public employees can file a complaint if they believe they have been subjected to discrimination.
- Established processes for investigating allegations of discrimination.
- The enforcement of actions to address identified examples of discrimination. This might include job reinstatement, back pay, or changes to internal policies and procedures.
- Regular inspections by regulatory bodies to ensure that discriminatory practices have been addressed.
Municipal Anti-Discrimination Laws in Florida
Aside from federal and state guidelines, many cities in Florida also have their own local anti-discrimination ordinances that provide additional protections against discrimination. If your business is based in any of the following cities then you must make sure that your company policies meet your specific local requirements in terms of discrimination in the workplace.
Without further ado, let’s take a look at these municipal Florida anti-discrimination laws. However, it’s worth noting that the following list is not exhaustive, so make sure you check local guidelines if your area is not included below.
Tampa
Tampa’s Human Rights Ordinance specifically prohibits discrimination in employment, public accommodations, and real estate transactions. It includes protections based on sexual orientation and gender identity, extending the protections offered by federal and state laws.
Tallahassee
Similar to Tampa, Tallahassee’s Anti-Discrimination Ordinance includes protections against discrimination based on sexual orientation, gender identity, and gender expression. These protections apply to employment, housing, and public accommodations.
Orlando
Orlando’s Anti-Discrimination Ordinance protects local citizens against discrimination based on race, color, religion, sex, national origin, age, handicap, marital status, familial status, sexual orientation, or gender identity. Protections apply to various aspects of local life including employment, public accommodations, and housing.
Miami
Miami’s comprehensive Human Rights Ordinance prohibits any form of discrimination in employment, housing, public accommodations, and county services. Aside from those defined by state law, protected characteristics also include sexual orientation, gender identity, and gender expression.
Jacksonville
Jacksonville updated its Human Rights Ordinance in 2017. It now includes protections against discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.
Other cities with similar protections include St. Petersburg, Gainesville, Broward County, and West Palm Beach.
Florida’s Definition of Protected Characteristics
So, we’ve mentioned the phrase “protected characteristics” a few times already in this post, but what does the term mean exactly in the eyes of the law? How is this term defined in the Florida anti-discrimination laws?
Specifically, according to Florida state law, protected characteristics refer to specific attributes or qualities based on which it is illegal to discriminate against someone.
This includes, but is not limited to: race, color, religion, sex, national origin, age, disability, pregnancy, and marital status. As we just saw in the previous section, this definition has been extended in certain municipalities to also include sexual orientation, gender identity, and gender expression.
Make sure you keep these protected characteristics in mind when you define your company policies and procedures, especially in terms of your hiring and firing practices.
Employer Obligations Under Florida Anti-Discrimination Laws
Ok, now let’s get to the heart of it and take a look at what you are probably most interested in – how to ensure that your company complies with all the requirements of the Florida anti-discrimination laws.
In the following sections, we are going to highlight all your obligations as an employer under the laws we have discussed in today’s post. Meeting the following legal requirements will protect you against potential fines and penalties resulting from non-compliance with the Florida anti-discrimination laws. But, arguably more importantly, they will help you nurture a workplace culture and environment where all your employees have equal access to opportunities regardless of their protected characteristics.
Comply with Anti-Discrimination Statutes
Firstly, make sure that you create an environment where every single one of your employees, regardless of protected characteristics, is protected from discrimination and bias. This includes providing equal opportunities for all in hiring, promotion, job assignments, training, pay, benefits, layoffs, and termination.
Check out these Diversity and Inclusion Recruitment Best Practices for inspiration.
Implement and Enforce Anti-Discrimination Policies
Secondly, if you haven’t done so already, create clear anti-discrimination policies for your business that define your standards and expectations in terms of anti-discrimination, harassment, and retaliation.
You could even take this a step further and implement a specific policy for diversity and inclusion.
Next, make sure you communicate your policies to your employees and that they have access to them at all times. Also, make sure new employees receive a copy of these policies during the onboarding process.
Finally, the best way to create a culture where your employees understand why they need to comply with your anti-discrimination policies is to offer regular employee training. It’s also a good idea to follow up this training with continuous performance management. This is particularly important for your managers (especially your hiring managers).
Handle Complaints Properly
Thirdly, make sure you have a system in place for handling any claims of discrimination. This includes creating a transparent and accessible process so that employees understand how they can report any issues with discrimination and who they need to report to. And don’t forget to establish an official procedure for investigating complaints and implementing corrective actions.
Recordkeeping
As with all federal and state labor laws, employers need to maintain accurate employee records. With this in mind, make sure you have a document management system in place where you can keep a record of all matters relating to your anti-discrimination policies. This includes the policies themselves, as well as detailed records of all employment decisions and any formal complaints of discrimination or harassment (and how you dealt with them).
Monitor and Audit
Finally, make sure you regularly review your company practices and policies to ensure they comply with all Florida anti-discrimination laws. The best way to do this is to conduct periodic audits of your employment practices to identify and correct any potential areas of non-compliance.
How Factorial Can Help You Comply With Florida Anti-Discrimination Laws
So, we’ve seen what best practices you should implement to ensure compliance. But what tools and technology can help you maintain a workplace environment that is both inclusive and legally compliant?
Don’t worry – we’ve got you covered.
Our comprehensive HRIS includes a range of features that can help you meet your legal obligations and build a diverse, equitable, and inclusive workplace culture where all your employees have access to equal opportunities.
This includes:
- Customizable employee onboarding processes. Firstly, with our onboarding toolkit, you can ensure that all new hires receive information and training on your anti-discrimination policies. That way, they understand your standards and expectations from day one.
- Training management. Secondly, our HRIS includes tools so that you can schedule and track all your DEI employee training sessions. Plus, you can use our training needs analysis to establish what areas of discrimination awareness you need to focus on to ensure that your employees understand your DEI initiatives.
- Employee surveys. Thirdly, our software includes tools for creating, sharing and analyzing employee surveys. This can be a great way to collect anonymous feedback from employees about your DEI initiatives.
- Document management. In addition, Factorial’s platform includes a centralized employee record management system where you can store all relevant legal documents, policies, and procedures related to anti-discrimination laws.
- Performance evaluation tools. Finally, you can use Factorial’s performance management software to promote fair and unbiased performance reviews in your organization. That way, you can be sure that your employees understand the importance of complying with the Florida anti-discrimination laws.
