Florida Sex Discrimination laws & HR compliance analysis

Florida Sex Discrimination: What you need to know

The Florida Civil Rights Act prohibits employers with 15 or more employees from discriminating in employment on the basis of sex or marital status (FL Stat. Sec. 760.01 et seq.). Under the Act, it is unlawful for an employer to:
• Discharge or to fail or refuse to hire, or to otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's sex or marital status.
• Limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee, because of sex or marital status.
• Discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training.
• Print or publish any notice or advertisement relating to employment, apprenticeship, or other training indicating any preference, limitation, specification, or discrimination based on sex or marital status.
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Bona fide occupational qualification (BFOQ) exception. It is permissible to hire an individual on the basis of sex because of a BFOQ reasonably necessary to the position in question. The BFOQ exception applies in only limited circumstances, and employers should use caution in relying on such a rationale when making employment decisions that have a discriminatory effect.
The Florida Supreme Court has ruled that employment discrimination based on sex includes pregnancy discrimination (Delva v. Continental Group, Inc., No. SC12-2315 (2014)).
The law prohibits employers from discriminating between male and female employees with ...

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