Companies in Florida and other states are generally bound by the terms of Title VII of the 1964 Civil Rights Act. However, appeals courts across the country are divided as to whether it protects against discrimination based on sexual orientation. The Second Circuit and Seventh Circuit have said that it does, but the Eight Circuit has not yet made that determination. This is important for one man who lived in Illinois but was offered a job in Missouri.
Even federal workers in Florida may face discrimination on the job, according to a number of complaints filed by LGBT workers at the Department of Justice. Responding to concerns raised by DOJ Pride, an organization representing LGBT employees, federal Attorney General William Barr ordered the Bureau of Prisons and the FBI to investigate discrimination complaints. DOJ Pride includes thousands of workers at a range of agencies included in the federal department. It had earlier asked Barr to sign a statement about equal employment opportunity at the department and indicated problems raised in a survey of members.
In January, a bill was introduced in Florida that would protect LGBT employees from workplace discrimination. However, the bipartisan proposal is getting serious push-back from gay rights group Equality Florida because it fails to include protections for housing and public accommodations.
Whether a member of the LGBTQ community can be discriminated against or not depends largely on where that person lives. There is no federal law to protect those in Florida against discrimination based on sexual preference. However, it may be possible to use Title VII of the Civil Rights Act of 1964 as a legal basis to pursue a discrimination lawsuit. Title VII prohibits workers from being discriminated against on the basis of sex.
Florida residents may be interested in news from the U.S. House of Representatives about LGBTQ rights. The House passed a set of rules during the first meeting of the 116th Congress on Jan. 3, including a rule that bans discrimination against LGBTQ job seekers and staff members.
Many LGBT workers in Florida may be concerned about their protections on the job, as the upcoming year's Supreme Court docket could include troubling cases. There are a number of petitions against protections for LGBT rights seeking a hearing before the court, although some experts note that the outcome is unlikely to be uniformly negative. Most of the cases seek some form of limitation on LGBT rights or reversal of a lower court opinion upholding LGBT rights. In most instances, the Supreme Court has not yet agreed to hear these issues.
Employers in Florida are required to provide their workers with safe working environments, and they're prohibited from discriminating against prospective or current employees on the basis of certain protected characteristics. They are also required to protect workers from sexual harassment at the workplace. According to surveys compiled by the Williams Institute at UCLA, roughly 4 percent of the national workforce self-identifies as a lesbian, gay, bisexual or transgender person.
In March 2018, the 6th Circuit ruled in favor of a transgender woman who was beginning the process of becoming a female. The woman claimed that she was fired from the funeral home that she worked at because of her gender identity. According to the court, an employer's religious beliefs do not justify discrimination and that Title VII protected transgender employees. However, how this applies to Florida residents may be unclear after a legal challenge from representatives of 16 states.
Despite the fact that lots of Florida companies proclaim their LGBT-friendly credentials, many LGBT workers choose to stay closeted on the job. While there are a number of reasons for this phenomenon, one of the most common and well-founded is the fear of discrimination. For example, in the federal government, the Obama administration hosted Pride celebrations and officials spoke frequently about LGBT right and expanded benefits. But with the change to the Trump administration, political appointees regularly argue against LGBT rights, pushing many federal workers back into the closet.
Supporters of rights for gay, lesbian, bisexual, queer and transgender people in Florida got good news from two recent cases concerning workplace discrimination. Both rulings disallowed discrimination against transgender or gay people at their jobs on the basis of religious faith. The U.S. Court of Appeals for the 6th and 8th Circuits applied the prohibition on sex discrimination in Title VII of the 1964 Civil Rights Act so that it protected people perceived by employers to not meet gender stereotypes.