Switch to ADA Accessible Website
Orlando Criminal Lawyer

LGBTQ Discrimination in Florida

shutterstock_1366665182

Can a private business in Florida discriminate against a couple simply because they are gay? That is a question that arose recently when a gay couple were refused a couples massage at a Florida spa by the manager, who emphatically claimed that the refusal was not due to discrimination, but simply because couples massages were limited to “opposite-sex partners.” The manager also explained it as a “cultural misunderstanding” because, where he comes from, “a couple means a man and a woman.”

The Law in Florida

When it comes to state laws barring discrimination, unfortunately, Florida still lacks any statutory language that explicitly states that it is illegal to discriminate against LGBTQ individuals—both in terms of discrimination based on gender identity and/or sexual orientation. However, there are a number of cities and counties that have taken it upon themselves to pass ordinances prohibiting this kind of discrimination, including:Alachua;

  • Atlantic Beach;
  • Broward;
  • Boynton Beach;
  • Delray Beach;
  • Duval;
  • Dunedin;
  • Gainesville;
  • Greenacres;
  • Gulfport;
  • Haverhill;
  • Hillsborough;
  • Jacksonville;
  • Key West;
  • Lake Clarke Shores;
  • Lake Worth;
  • Largo;
  • Leesburg;
  • Leon;
  • Mascotte;
  • Miami-Dade;
  • Miami;
  • Miami Beach;
  • Monroe;
  • Mount Dora;
  • Neptune Beach;
  • North Port;
  • Oakland Park;
  • Orange;
  • Orlando;
  • Osceola;
  • Palm Beach;
  • Pembroke Pines;
  • Pinellas;
  • Sarasota;
  • Augustine Beach;
  • Petersburg;
  • Tallahassee;
  • Tampa;
  • Tequesta;
  • Venice;
  • Volusia;
  • West Palm Beach;
  • Wellington; and
  • Wilton Manors.

Each locality has its own local procedural rules that must be complied with if your rights have been violated and you are seeking a remedy under the law. In addition, there is currently a bill before the Florida state legislature that would add both gender identity and sexual orientation to the 1992 Florida Civil Rights Act.

The Equal Employment Opportunity Commission & Court Decisions

The Equal Employment Opportunity Commission has also taken the position that discrimination on the basis of sexual orientation is a form of sex discrimination that is covered by federal civil rights laws. Still, the courts have been all over the map in terms of decisions involving whether Title VII covers sexual orientation discrimination, as well as how far the Florida Civil Rights Act goes in terms of prohibiting “discrimination on the basis of sex,” and therefore how “sex” should be defined.  For example, the Florida Supreme Court has ruled that pregnancy discrimination falls under the purview of sex discrimination under the Act, and the Act has, since, been amended to include pregnant women as a protected class under the law.

Contact Our Florida Civil Rights Attorneys

If you live in Orlando and have been discriminated against, contact our experienced civil rights lawyers at the Baez Law Firm today to find out how we can help.

Resource:

nbcnews.com/feature/nbc-out/gay-men-were-refused-couples-massage-florida-spa-n980086

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab