Text of FL H 1279 (2019)

HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 1 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to prohibited discrimination; 2 providing a short title; amending s. 760.01, F.S.; 3 revising the purposes of the Florida Civil Rights Act 4 of 1992 to conform to changes made by the act; 5 reordering and amending s. 760.02, F.S.; defining the 6 terms "gender identity" and "sexual orientation"; 7 amending s. 760.05, F.S.; revising the functions of 8 the Florida Commission on Human Relations to conform 9 to changes made by the act; amending s. 760.07, F.S.; 10 revising provisions regarding remedies for unlawful 11 discrimination to include discrimination based on 12 sexual orientation and gender identity in the area of 13 employment, to conform to changes made by the act; 14 amending s. 760.10, F.S.; adding sexual orientation 15 and gender identity as impermissible grounds for 16 discrimination with respect to specified unlawful 17 employment practices; providing an exception to 18 specified provisions for the constitutionally 19 protected free exercise of religion; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. This act may be cited as the "Florida Inclusive 25 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 2 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Workforce Act." 26 Section 2. Subsection (1) of section 760.01, Florida 27 Statutes, is republished, and subsection (2) of that section is 28 amended, to read: 29 760.01 Purposes; construction; title.— 30 (1) Sections 760.01-760.11 and 509.092 shall be cited as 31 the "Florida Civil Rights Act of 1992." 32 (2) The general purposes of the Florida Civil Rights Act 33 of 1992 are to secure for all individuals within the state 34 freedom from discrimination because of race, color, religion, 35 sex, pregnancy, national origin, age, sexual orientation, gender 36 identity, handicap, or marital status and thereby to protect 37 their interest in personal dignity, to make available to the 38 state their full productive capacities, to secure the state 39 against domestic strife and unrest, to preserve the public 40 safety, health, and general welfare, and to promote the 41 interests, rights, and privileges of individuals within the 42 state. 43 Section 3. Section 760.02, Florida Statutes, is reordered 44 and amended to read: 45 760.02 Definitions.—For the purposes of ss. 760.01-760.11 46 and 509.092, the term: 47 (7)(1) "Florida Civil Rights Act of 1992" means ss. 48 760.01-760.11 and 509.092. 49 (2) "Commission" means the Florida Commission on Human 50 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 3 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Relations created by s. 760.03. 51 (3) "Commissioner" or "member" means a member of the 52 commission. 53 (4) "Discriminatory practice" means any practice made 54 unlawful by the Florida Civil Rights Act of 1992. 55 (10)(5) "National origin" includes ancestry. 56 (11)(6) "Person" includes an individual, association, 57 corporation, joint apprenticeship committee, joint-stock 58 company, labor union, legal representative, mutual company, 59 partnership, receiver, trust, trustee in bankruptcy, or 60 unincorporated organization; any other legal or commercial 61 entity; the state; or any governmental entity or agency. 62 (5)(7) "Employer" means any person employing 15 or more 63 employees for each working day in each of 20 or more calendar 64 weeks in the current or preceding calendar year, and any agent 65 of such a person. 66 (6)(8) "Employment agency" means any person regularly 67 undertaking, with or without compensation, to procure employees 68 for an employer or to procure for employees opportunities to 69 work for an employer, and includes an agent of such a person. 70 (8) "Gender identity" means gender-related identity, 71 appearance, or behavior, regardless of whether such gender- 72 related identity, appearance, or behavior is different from that 73 traditionally associated with the person's physiology or 74 assigned sex at birth, and which gender-related identity can be 75 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 4 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S shown by the person providing evidence, including, but not 76 limited to: 77 (a) Medical history, care, or treatment of the gender- 78 related identity; 79 (b) Consistent and uniform assertion of the gender-related 80 identity; or 81 (c) Other evidence that the gender-related identity is a 82 sincerely held part of a person's core identity and is not being 83 asserted for an improper purpose. 84 (9) "Labor organization" means any organization that which 85 exists for the purpose, in whole or in part, of collective 86 bargaining or of dealing with employers concerning grievances, 87 terms or conditions of employment, or other mutual aid or 88 protection in connection with employment. 89 (1)(10) "Aggrieved person" means any person who files a 90 complaint with the Florida Commission on Human Relations 91 Commission. 92 (12)(11) "Public accommodations" means places of public 93 accommodation, lodgings, facilities principally engaged in 94 selling food for consumption on the premises, gasoline stations, 95 places of exhibition or entertainment, and other covered 96 establishments. Each of the following establishments which 97 serves the public is a place of public accommodation within the 98 meaning of this section: 99 (a) Any inn, hotel, motel, or other establishment that 100 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 5 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S which provides lodging to transient guests, other than an 101 establishment located within a building that which contains not 102 more than four rooms for rent or hire and that which is actually 103 occupied by the proprietor of such establishment as his or her 104 residence. 105 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 106 soda fountain, or other facility principally engaged in selling 107 food for consumption on the premises, including, but not limited 108 to, any such facility located on the premises of any retail 109 establishment, or any gasoline station. 110 (c) Any motion picture theater, theater, concert hall, 111 sports arena, stadium, or other place of exhibition or 112 entertainment. 113 (d) Any establishment that which is physically located 114 within the premises of any establishment otherwise covered by 115 this subsection, or within the premises of which is physically 116 located any such covered establishment, and that which holds 117 itself out as serving patrons of such covered establishment. 118 (13) "Sexual orientation" means an individual's 119 heterosexuality, homosexuality, or bisexuality. 120 Section 4. Section 760.05, Florida Statutes, is amended to 121 read: 122 760.05 Functions of the commission.—The commission shall 123 promote and encourage fair treatment and equal opportunity for 124 all persons regardless of race, color, religion, sex, pregnancy, 125 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 6 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S national origin, age, sexual orientation, gender identity, 126 handicap, or marital status and mutual understanding and respect 127 among all members of society. The commission all economic, 128 social, racial, religious, and ethnic groups; and shall endeavor 129 to eliminate discrimination against, and antagonism between, 130 persons on the basis of race, color, religion, sex, pregnancy, 131 national origin, age, sexual orientation, gender identity, 132 handicap, or marital status religious, racial, and ethnic groups 133 and their members. 134 Section 5. Section 760.07, Florida Statutes, is amended to 135 read: 136 760.07 Remedies for unlawful discrimination.—Any violation 137 of any state law Florida statute making unlawful discrimination 138 because of race, color, religion, gender, pregnancy, national 139 origin, age, handicap, or marital status in the areas of 140 education, employment, housing, or public accommodations, or 141 because of sexual orientation or gender identity in the area of 142 employment, gives rise to a cause of action for all relief and 143 damages described in s. 760.11(5), unless greater damages are 144 expressly provided for. If the statute prohibiting unlawful 145 discrimination provides an administrative remedy, the action for 146 equitable relief and damages provided for in this section may be 147 initiated only after the plaintiff has exhausted his or her 148 administrative remedy. The term "public accommodations" does not 149 include lodge halls or other similar facilities of private 150 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 7 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S organizations which are made available for public use 151 occasionally or periodically. The right to trial by jury is 152 preserved in any case in which the plaintiff is seeking actual 153 or punitive damages. 154 Section 6. Subsections (1) and (2), paragraphs (a) and (b) 155 of subsection (3), subsections (4), (5), and (6), paragraph (a) 156 of subsection (8), and subsection (9) of section 760.10, Florida 157 Statutes, are amended, and subsection (10) of that section is 158 republished, to read: 159 760.10 Unlawful employment practices.— 160 (1) It is an unlawful employment practice for an employer: 161 (a) To discharge or to fail or refuse to hire any 162 individual, or otherwise to discriminate against any individual 163 with respect to compensation, terms, conditions, or privileges 164 of employment, because of such individual's race, color, 165 religion, sex, pregnancy, national origin, age, sexual 166 orientation, gender identity, handicap, or marital status. 167 (b) To limit, segregate, or classify employees or 168 applicants for employment in any way that which would deprive or 169 tend to deprive any individual of employment opportunities, or 170 adversely affect any individual's status as an employee, because 171 of such individual's race, color, religion, sex, pregnancy, 172 national origin, age, sexual orientation, gender identity, 173 handicap, or marital status. 174 (2) It is an unlawful employment practice for an 175 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 8 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S employment agency to fail or refuse to refer for employment, or 176 otherwise to discriminate against, any individual because of 177 race, color, religion, sex, pregnancy, national origin, age, 178 sexual orientation, gender identity, handicap, or marital status 179 or to classify or refer for employment any individual on the 180 basis of race, color, religion, sex, pregnancy, national origin, 181 age, sexual orientation, gender identity, handicap, or marital 182 status. 183 (3) It is an unlawful employment practice for a labor 184 organization: 185 (a) To exclude or to expel from its membership, or 186 otherwise to discriminate against, any individual because of 187 race, color, religion, sex, pregnancy, national origin, age, 188 sexual orientation, gender identity, handicap, or marital 189 status. 190 (b) To limit, segregate, or classify its membership or 191 applicants for membership, or to classify or fail or refuse to 192 refer for employment any individual, in any way that would 193 deprive or tend to deprive any individual of employment 194 opportunities, or adversely affect any individual's status as an 195 employee or as an applicant for employment, because of such 196 individual's race, color, religion, sex, pregnancy, national 197 origin, age, sexual orientation, gender identity, handicap, or 198 marital status. 199 (4) It is an unlawful employment practice for any 200 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 9 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S employer, labor organization, or joint labor-management 201 committee controlling apprenticeship or other training or 202 retraining, including on-the-job training programs, to 203 discriminate against any individual because of race, color, 204 religion, sex, pregnancy, national origin, age, sexual 205 orientation, gender identity, handicap, or marital status in 206 admission to, or employment in, any program established to 207 provide apprenticeship or other training. 208 (5) Whenever, in order to engage in a profession, 209 occupation, or trade, it is required that a person receive a 210 license, certification, or other credential;, become a member or 211 an associate of any club, association, or other organization;, 212 or pass any examination, it is an unlawful employment practice 213 for any person to discriminate against any other person seeking 214 such license, certification, or other credential;, seeking to 215 become a member or associate of such club, association, or other 216 organization;, or seeking to take or pass such examination, 217 because of such other person's race, color, religion, sex, 218 pregnancy, national origin, age, sexual orientation, gender 219 identity, handicap, or marital status. 220 (6) It is an unlawful employment practice for an employer, 221 a labor organization, an employment agency, or a joint labor- 222 management committee to print, or cause to be printed or 223 published, any notice or advertisement relating to employment, 224 membership, classification, referral for employment, or 225 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 10 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S apprenticeship or other training which indicates, indicating any 226 preference, limitation, specification, or discrimination, based 227 on race, color, religion, sex, pregnancy, national origin, age, 228 sexual orientation, gender identity, absence of handicap, or 229 marital status. 230 (8) Notwithstanding any other provision of this section, 231 it is not an unlawful employment practice under ss. 760.01- 232 760.10 for an employer, employment agency, labor organization, 233 or joint labor-management committee to: 234 (a) Take or fail to take any action on the basis of 235 religion, sex, pregnancy, national origin, age, sexual 236 orientation, gender identity, handicap, or marital status in 237 those certain instances in which religion, sex, condition of 238 pregnancy, national origin, age, sexual orientation, gender 239 identity, absence of a particular handicap, or marital status is 240 a bona fide occupational qualification reasonably necessary for 241 the performance of the particular employment to which such 242 action or inaction is related. 243 (9)(a) This section does shall not apply to any religious 244 corporation, association, educational institution, or society 245 that which conditions opportunities in the area of employment or 246 public accommodation to members of that religious corporation, 247 association, educational institution, or society or to persons 248 who subscribe to its tenets or beliefs. 249 (b) This section does shall not prohibit a religious 250 HB 1279 2019 CODING: Words stricken are deletions; words underlined are additions. hb1279-00 Page 11 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S corporation, association, educational institution, or society 251 from giving preference in employment to individuals of a 252 particular religion to perform work connected with the carrying 253 on by such corporations, associations, educational institutions, 254 or societies of its various activities. 255 (c) This section and s. 760.08 do not limit the free 256 exercise of religion guaranteed by the United States 257 Constitution and the State Constitution. 258 (10) Each employer, employment agency, and labor 259 organization shall post and keep posted in conspicuous places 260 upon its premises a notice provided by the commission setting 261 forth such information as the commission deems appropriate to 262 effectuate the purposes of ss. 760.01-760.10. 263 Section 7. This act shall take effect July 1, 2019. 264