The Florida Human Rights Act makes it unlawful for an employer to classify applicants for employment on the basis of the individual's 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. 760.10(1) and (8)).
There are no specific prohibitions about asking for such information on an application form. However, a request for information about a protected characteristic may be considered evidence of an employer's intent to discriminate. The Act covers employers with 15 or more employees who worked in each of 20 or more calendar weeks in the current or preceding year (FL Stat. Sec. 760.02(7)). A separate law also covers all public employers.
Pregnancy. The Florida Supreme Court has ruled that employment discrimination based on sex includes pregnancy discrimination (Delva v. Continental Group, Inc.,137 So. 3d 371 (2014)).
Retaliation. It is unlawful for an employer to discharge, expel, or otherwise discriminate against a person who has opposed an unlawful discriminatory practice or who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act (FL Stat. Sec. 760.10(7)).
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).