Monday, February 08, 2021

Sexual Discrimination, statements of Florida Commission on Human Relations


Sexual Discrimination

NOTICE: On June 15, 2020, the U.S. Supreme Court, in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020), held that Title VII’s prohibition on discrimination “because of…sex” covers discrimination on the basis of gender identity and sexual orientation.  The Florida Commission on Human Relations (FCHR), as a Fair Employment Practice Agency under 29 C.F.R. sections 1601.70-1601.80, investigates employment discrimination under the Florida Civil Rights Act and Title VII, based on race, color, religion, sex, disability, national origin, age, and marital status.  Therefore, the FCHR accepts claims of sex discrimination based on gender identity or sexual orientation for investigation in employment and public accommodations complaints.  Furthermore, the FCHR investigates housing discrimination under the Florida Fair Housing Act and Title VIII, based upon race, color, national origin, religion, sex, familial status, and disability.   The FCHR is committed to investigating housing violations based upon sex discrimination due to non-conformity with gender stereotypes. 

On January 20, 2021, President Biden, by Executive Order, indicated that it is the policy of his administration to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination by having all federal agencies (defined as any authority of the United States that is an “agency” under 44 U.S.C. § 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. § 3502(5)) review all existing orders, regulations, guidance documents, policies, programs, or other agency action that were promulgated or are administered under Title VII or any other statute or regulation that prohibits sex discrimination.  The Florida Commission on Human Relations will be watching for guidance from its federal partners, the U.S. Equal Employment Opportunity Commission and the U.S. Department of Housing and Urban Development, that may revise, suspend, or rescind previous agency actions that would impact its current procedures or processes.    

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