Under the Florida Civil Rights Act, an employer may not make inquiries of or impose qualifications on prospective employees based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status unless there is a bona fide occupational qualification (BFOQ) exception (FL Stat. Sec. 760.01 et seq.). To be a BFOQ, a characteristic must be reasonably necessary to the applicant's ability to perform the job in question.
The Act covers employers with 15 or more employees. More information is available.
Florida has enacted laws regarding discrimination in employment in the following areas. Employers should avoid inquiring about or obtaining any information protected by these laws.
Acquired immunodeficiency syndrome (AIDS). A separate law prohibits employment practices that discriminate against individuals with human immunodeficiency virus (HIV) infection or AIDS (FL Stat. Sec. 381.004, Sec. 760.50).
Sickle cell. Also prohibited are employment practices that discriminate based on sickle-cell trait (FL Stat. Sec. 448.075 et seq.).
Genetic testing. A separate state law requires informed consent for DNA typing and genetic testing. The law protects the confidentiality of test results and requires retesting if the test results are used to deny an employment opportunity and review of the decision to deny employment is based on the results of the false analysis (FL Stat. Sec. 760.40). Additional information on the federal Genetic Information Nondiscrimination Act (GINA) is available.