Law Office of David Miklas, P.A.

Labor & Employment law - Employers only

Florida Civil Rights Act (FCRA)

The Florida Civil Rights Act of 1992  makes it unlawful for a covered Florida employer:
(a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
(b) To limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual’s status as an employee, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

It is an unlawful employment practice for any employer to discriminate against any individual because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status in employment.

It is an unlawful employment practice for an employer to print, or cause to be printed or published, any notice or advertisement relating to employment, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, pregnancy, national origin, age, absence of handicap, or marital status.

It is an unlawful employment practice for an employer to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under Florida Statute Section 760, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Florida Statute Section 760.

Notwithstanding any other provision of Florida Statute Section 760, it is not an unlawful employment practice under ss. 760.01-760.10 for an employer to:
(a) Take or fail to take any action on the basis of religion, sex, pregnancy, national origin, age, handicap, or marital status in those certain instances in which religion, sex, condition of pregnancy, national origin, age, absence of a particular handicap, or marital status is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which such action or inaction is related.
(b) Observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan, or a system which measures earnings by quantity or quality of production, which is not designed, intended, or used to evade the purposes of ss. 760.01-760.10. However, no such employee benefit plan or system which measures earnings shall excuse the failure to hire, and no such seniority system, employee benefit plan, or system which measures earnings shall excuse the involuntary retirement of, any individual on the basis of any factor not related to the ability of such individual to perform the particular employment for which such individual has applied or in which such individual is engaged.
(c) Take or fail to take any action on the basis of age, pursuant to law or regulation governing any employment or training program designed to benefit persons of a particular age group.
(d) Take or fail to take any action on the basis of marital status if that status is prohibited under its antinepotism policy.

Florida Statute Section 760 does not apply to any religious corporation, association, educational institution, or society which conditions opportunities in the area of employment or public accommodation to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Florida Statute Section 760 does not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporations, associations, educational institutions, or societies of its various activities.

Each covered Florida employer must post and keep posted in conspicuous places upon its premises a notice provided by the FCHR setting forth such information as the commission deems appropriate to effectuate the purposes of Florida Statute Section 760.
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