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Florida Guide · Updated 2026

Florida Discrimination & Harassment (FCRA)

Florida's anti-discrimination law mirrors federal Title VII, with a couple of Florida-specific twists — an extra protected class, and a high-profile training law that courts blocked.

Coverage & protected classes

The Florida Civil Rights Act (Fla. Stat. ch. 760) applies to employers with 15 or more employees, is enforced by the Florida Commission on Human Relations (FCHR), and is construed in line with Title VII. It adds marital status to the protected list (race, color, religion, sex, pregnancy, national origin, age, handicap, marital status). There is no individual supervisor liability (Patterson).

Process: dual-filing & exhaustion

Charges are typically dual-filed with the EEOC, and administrative exhaustion is required; dual-filing exhausts FCRA remedies even when the charge cites only federal law (Steak N Shake v. Ramos, 2025). Pregnancy discrimination is sex discrimination under the FCRA (Delva).

The 'Stop WOKE' training law is enjoined

The 2022 Individual Freedom Act ("Stop WOKE Act," Fla. Stat. § 760.10(8)) tried to restrict mandatory DEI/"concept" training, but the Eleventh Circuit affirmed an injunction blocking the employer provisions on First Amendment grounds (Honeyfund, 2024) — so those provisions are currently unenforceable. The federal floor (Title VII, ADA, ADEA; Bostock) applies alongside the FCRA.

Practical takeaways

Run prompt, impartial investigations and use the Faragher-Ellerth playbook (a strong policy, reporting channels, prompt correction), train managers, and don't rely on the enjoined Stop WOKE provisions — conduct standards still track Title VII/FCRA harassment law.

This guide is general HR information, not legal advice, and doesn't replace legal counsel. Specifics should be tailored to your business and, for high-stakes or fact-specific matters, reviewed by a qualified Florida employment attorney.

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