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 for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (§ 760.02(7)) — a seasonal employer that never reaches 15 for 20 weeks in either year does not meet the threshold. It 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 v. Consumer Debt Mgmt. & Educ., Inc., 975 So. 2d 1290 (Fla. 4th DCA 2008)).
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, Inc. v. Ramos, 415 So. 3d 107 (Fla. 2025)). Pregnancy discrimination is sex discrimination under the FCRA (Delva v. Continental Group, Inc., 137 So. 3d 371 (Fla. 2014)).
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 employer provisions are now permanently enjoined on First Amendment grounds. The Eleventh Circuit affirmed the preliminary injunction on March 4, 2024 (Honeyfund.com Inc. v. Governor, 94 F.4th 1272), and on July 26, 2024 the district court (N.D. Fla. No. 4:22-cv-00227) granted the plaintiffs' unopposed motion to convert it into a permanent injunction, barring every defendant except the Governor from enforcing § 760.10(8). The case closed on settlement on November 19, 2024 — the restraint is final, not provisional. The federal floor (Title VII, ADA, ADEA; Bostock v. Clayton County, 590 U.S. 644 (2020)) 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.
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