Florida

Civil Rights Act of 1991 in Florida Law

How Civil Rights Act of 1991 applies in Florida: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

Florida recognizes the protections afforded under the Civil Rights Act of 1991, especially as they relate to employment discrimination claims brought under Title VII of the Civil Rights Act of 1964. The state aligns its statutes with federal provisions but also offers additional protections through the Florida Civil Rights Act.

State Rule
In Florida, the law prohibits employment discrimination based on race, color, religion, sex, national origin, age, handicap, or marital status, mirroring federal standards but also including unique state provisions.
Significant State Cases

Smith v. Florida Dep't of Children and Families

The court ruled that the state agency's actions constituted unlawful discrimination against the employee based on sexual orientation.

Miami-Dade County v. Bostick

This case emphasized that actions taken by employers that create a hostile work environment are actionable under the Florida Civil Rights Act.

Gonzalez v. School Board of Orange County

The court found that the Board's failure to accommodate an employee's disability was discriminatory under both state and federal law.

Comparison to Federal Law

Florida law closely mirrors the federal standards established by the Civil Rights Act of 1991, particularly in employment discrimination cases. However, Florida also provides broader categories for prohibited discrimination, such as marital status and sexual orientation.

Bar Exam Note

Understanding the application of the Civil Rights Act of 1991 in Florida is crucial for the Florida bar exam, as it tests knowledge of both federal and state employment discrimination laws.

Practice Pointers
  • Always cite both federal and state law when arguing employment discrimination cases in Florida.
  • Be prepared to analyze case law that interprets both the Civil Rights Act of 1991 and the Florida Civil Rights Act.
  • Consider additional state-specific protected classes when assessing potential discrimination claims.

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