Florida Civil Rights Laws

Florida civil rights laws protect you from discrimination in employment, housing, and public accommodations. These state laws mirror federal protections in many ways, but there are important differences and some gaps that could affect your rights, depending on where you live.

If you believe you have faced discrimination in Florida, understanding your civil rights is the first step. Florida has a broad legal framework that protects residents from unfair treatment in their daily lives. The protections are not unlimited, and the rules can vary depending on your situation. If you need help navigating a civil rights claim, consider reaching out to a civil rights attorney near you.

Who Is Protected Under Florida Civil Rights Law?

Florida‘s main civil rights law is the Florida Civil Rights Act of 1992, part of the Florida Statutes. This law protects people from prohibited discrimination based on:

• Race
• Color
• Religion
• Sex
• Pregnancy
• National origin
• Age
• Handicap (disability)
• Marital status

These protections reflect major federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

Florida‘s state laws do not cover sexual orientation and gender identity. Federal courts have interpreted Title VII‘s sex discrimination ban to include both workplace and non-workplace contexts, following the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County. In 2021, the Florida Commission on Human Relations announced it would interpret the statutory prohibition against “sex” discrimination to include sexual orientation and gender identity. Talking with a civil rights attorney can help you understand which law covers your situation.

Employment Discrimination

The state of Florida prohibits employers from unfairly treating employees or job applicants because of any protected characteristic listed above. This includes being fired, demoted, passed over for a promotion, paid less, or subjected to harassment that creates a hostile work environment. It applies everywhere, from big cities like Tallahassee to tiny villages like Marineland.

For Florida‘s employment discrimination laws to apply, an employer must employ at least 15 people for 20 or more weeks per year. This matches the threshold under federal law. If you work for a smaller employer, your city or county may have a local ordinance that offers additional protections.

Florida law also protects you from retaliation. This means your employer cannot punish you for filing a complaint, cooperating with an investigation, or opposing a discriminatory practice. These unlawful retaliatory practices can also be reflected in the conditions of employment and your day-to-day activities, as well as in how your employer responded to the complaint.

If you want to file an unlawful employment practice complaint, you generally have to first file a complaint with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). Florida gives you up to 365 days from the date of the discriminatory act to file, which is a wider window than the 180- or 300-day deadlines under federal law.

Housing Discrimination

It is also illegal under the Florida Fair Housing Act to discriminate in the sale, rental, or financing of housing based on:

• Race
• Color
• National origin
• Sex
• Disability
• Religion
• Familial status (including pregnancy)

Under both Florida and federal law, a landlord or seller cannot refuse to rent or sell housing, impose different terms, or place discriminatory ads. If you have a disability, you also have the right to request reasonable accommodations from your landlord and to make reasonable modifications to your home.

Those who believe they’ve been discriminated against can file a housing complaint with the FCHR or the U.S. Department of Housing and Urban Development (HUD). The window for filing is one year from when the discriminatory act occurred.

Public Accommodations

Florida law also protects you from discrimination in places of public accommodation. This includes hotels, restaurants, retail stores, gas stations, entertainment venues, and other businesses open to the public.

Under the Florida Statutes, businesses cannot discriminate based on race, color, national origin, sex, pregnancy, handicap, familial status, or religion. As with employment, Florida‘s public accommodations law does not explicitly cover sexual orientation or gender identity. However, if you live in a city like Miami or Orlando, local ordinances may offer broader protections that prohibit discrimination on the basis of sexual orientation and gender identity in public accommodations. You can check whether your area has local laws that address public accommodations.

Education Discrimination

The Florida Educational Equity Act protects students and employees in Florida‘s public K-20 education system from discrimination based on race, ethnicity, national origin, gender, disability, religion, or marital status. This law requires that all students have equal access to educational programs, school activities, and training programs. It also requires public schools and colleges to provide equal athletic opportunities for students of all genders, in line with Title IX of the Education Amendments of 1972.

If you believe a school has violated your rights, you can file a complaint under the Florida Educational Equity Act, Title IX, or both.

Protections Unique to Florida

Florida offers a few anti-discrimination protections that go beyond what federal law requires, thanks to the Florida Legislature. This includes making it illegal to discriminate based on a person’s HIV or AIDS status. Genetic privacy protections mean that nobody can run a DNA analysis on you without your written consent, and results must stay confidential.

How To File a Civil Rights Complaint in Florida

If you think your rights have been violated, it is important to act quickly. Missing a filing deadline could cost you your right to pursue a claim.

For most employment and public accommodations claims, you must file a complaint with the FCHR or the EEOC before you can file a lawsuit. Once you file, the FCHR will investigate whether there is enough reason to believe discrimination occurred.

If the FCHR finds reasonable cause, they may try to help both sides reach a resolution. If that fails, you can request a hearing or file a lawsuit in civil court. If the FCHR finds no reasonable cause, you have 35 days to request a hearing. Missing that window may forfeit your right to proceed.

For housing complaints, you can file with the FCHR, with HUD, or go directly to state or federal court. The deadline for a housing complaint is two years from the date of the alleged violation.

What Can You Recover?

If you win a civil rights case in Florida, you may be able to recover:

• Compensatory damages, including back pay, lost benefits, and damages for emotional distress
• Punitive damages in cases involving particularly serious or intentional discrimination (capped at $100,000 per person under the Florida Civil Rights Act
• Injunctive relief, which is a court order requiring the other party to stop the discriminatory conduct
• Attorney’s fees and court costs

The ability to recover attorney’s fees is significant. It means that even if you cannot afford a lawyer up front, you may still be able to pursue your claim.

Get Help From a Florida Civil Rights Attorney

Civil rights claims can be complicated, and the rules around deadlines and available remedies vary depending on the type of discrimination you experienced. If you believe someone violated your civil rights, it may be time to reach out to a lawyer.

A Florida civil rights attorney can help you evaluate your options, navigate the complaint process, and decide whether a civil lawsuit makes sense for your situation. Many civil rights attorneys work on a contingency basis, meaning you pay no attorney’s fee unless you recover. FindLaw’s attorney directory makes it easy to find a Florida civil rights lawyer near you.