personal injury - employment law - commercial litigation
Employers Can't Discriminate Based On Marital Status
Serving all of Pasco County including Bayonet Point, Crystal Springs, Dade City, Elfers, Holiday, Hudson, Land O' Lakes, New Port Richey, Odessa, Port Richey, Saint Leo, San Antonio, Shady Hills, Trilby, Trinity, Wesley Chapel & Zephyrhills.
Serving North Pinellas including Crystal Beach, Clearwater, Countryside, Dunedin, Oldsmar, Palm Harbor, Safety Harbor and Tarpon Springs.
Serving all of Hernando County including Brooksville, Masaryktown, Spring Hill, Timber Pines and Weeki Wachee.
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Florida provides greater protection to its citizens than is provided under the federal Civil Rights Act. Unlike federal law, Florida law prohibits discrimination in employment based upon an employee's martital status.
The purpose of the law is to secure for all individuals within the state freedom from discrimination and to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individuals within the state.
Florida law makes it an unlawful employment practice to discharge or fail or refulse to hire any individual or otherwise discriminate against any individual with respect to compensation, benefits or terms of employment because of an individual's race, color, religion, sex, national origin, age, handicap or marital status.
The Florida Supreme Court has made it clear, however, that marital discrimination applies to the condition of being married, single or divorced and not be being married to any specific person. Thus, there is no cause of action against an employer who fires an employee because of the conduct of the husband or wife of the employee. The statute also makes clear that the law does not include bonafide anti-nepotism policies.
Randall Love, PA
Attorney For Employers