Florida Statute 760.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

View Entire Chapter

F.S. 760.10

760.10 Unlawful employment practices.—

(1) It is an unlawful employment practice for an employer:

(a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

(b) To limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual’s status as an employee, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

(2) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status or to classify or refer for employment any individual on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

(3) It is an unlawful employment practice for a labor organization:

(a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

(b) To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual’s status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

(4) It is an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status in admission to, or employment in, any program established to provide apprenticeship or other training.

(5) Whenever, in order to engage in a profession, occupation, or trade, it is required that a person receive a license, certification, or other credential, become a member or an associate of any club, association, or other organization, or pass any examination, it is an unlawful employment practice for any person to discriminate against any other person seeking such license, certification, or other credential, seeking to become a member or associate of such club, association, or other organization, or seeking to take or pass such examination, because of such other person’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

(6) It is an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee to print, or cause to be printed or published, any notice or advertisement relating to employment, membership, classification, referral for employment, or apprenticeship or other training, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, pregnancy, national origin, age, absence of handicap, or marital status.

(7) It is an unlawful employment practice for an employer, an employment agency, a joint labor-management committee, or a labor organization to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section.

(8)(a) Subjecting any individual, as a condition of employment, membership, certification, licensing, credentialing, or passing an examination, to training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels such individual to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin under this section:

1. Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin.

2. An individual, by virtue of his or her race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.

3. An individual’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, sex, or national origin.

4. Members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to race, color, sex, or national origin.

5. An individual, by virtue of his or her race, color, sex, or national origin, bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin.

6. An individual, by virtue of his or her race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.

7. An individual, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin.

8. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin.

(b) Paragraph (a) may not be construed to prohibit discussion of the concepts listed therein as part of a course of training or instruction, provided such training or instruction is given in an objective manner without endorsement of the concepts.

(9) Notwithstanding any other provision of this section, it is not an unlawful employment practice under ss. 760.01-760.10 for an employer, employment agency, labor organization, or joint labor-management committee to:

(a) Take or fail to take any action on the basis of religion, sex, pregnancy, national origin, age, handicap, or marital status in those certain instances in which religion, sex, condition of pregnancy, national origin, age, absence of a particular handicap, or marital status is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which such action or inaction is related.

(b) Observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan, or a system which measures earnings by quantity or quality of production, which is not designed, intended, or used to evade the purposes of ss. 760.01-760.10. However, no such employee benefit plan or system which measures earnings shall excuse the failure to hire, and no such seniority system, employee benefit plan, or system which measures earnings shall excuse the involuntary retirement of, any individual on the basis of any factor not related to the ability of such individual to perform the particular employment for which such individual has applied or in which such individual is engaged. This subsection shall not be construed to make unlawful the rejection or termination of employment when the individual applicant or employee has failed to meet bona fide requirements for the job or position sought or held or to require any changes in any bona fide retirement or pension programs or existing collective bargaining agreements during the life of the contract, or for 2 years after October 1, 1981, whichever occurs first, nor shall this act preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and employees to determine fitness for the job or position sought or held.

(c) Take or fail to take any action on the basis of age, pursuant to law or regulation governing any employment or training program designed to benefit persons of a particular age group.

(d) Take or fail to take any action on the basis of marital status if that status is prohibited under its antinepotism policy.

(10) This section shall not apply to any religious corporation, association, educational institution, or society which conditions opportunities in the area of employment or public accommodation to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. This section shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporations, associations, educational institutions, or societies of its various activities.

(11) Each employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice provided by the commission setting forth such information as the commission deems appropriate to effectuate the purposes of ss. 760.01-760.10.

History.—s. 6, ch. 77-341; s. 2, ch. 78-49; s. 5, ch. 79-400; s. 1, ch. 81-109; s. 7, ch. 92-177; ss. 2, 4, ch. 92-282; s. 6, ch. 2015-68; s. 1, ch. 2022-72.

Note.—Former ss. 13.261, 23.167.

F.S. 760.10 on Google Scholar

F.S. 760.10 on Casetext

Amendments to 760.10

Arrestable Offenses / Crimes under Fla. Stat. 760.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.10.

Annotations, Discussions, Cases:

Cases Citing Statute 760.10

Total Results: 20

School Board of Palm Beach County, The School District of Palm Beach County v. State Farm Mutual Automobile Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: governmental entity or agency.” Id. (quoting §§ 760.10(1)(a), .02(6)-(7), Fla. Stat. (2003)). Taken together

School Board of Broward County, Florida v. State Farm Mutual Auto Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: governmental entity or agency.” Id. (quoting §§ 760.10(1)(a), .02(6)-(7), Fla. Stat. (2003)). Taken together

WILFRED W. RAMOS, JR. v. STEAK N SHAKE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: Mitzel, 83 So. 3d 865, 873 (Fla. 3d DCA 2012); see § 760.10. And "[s]ection 760.11 establishes administrative…ny person aggrieved by a violation of ss. 760.01-760.10 may file a complaint with the [C]ommission within

AISY ALEU, PHARM. D. v. NOVA SOUTHEASTERN UNIVERSITY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: Any person aggrieved by a violation of ss. 760.01-760.10 may file a complaint with the [FCHR] …. In…discrimination and retaliation in violation of sections 760.10(1)(a)-(b) and (7), Florida Statutes (2015), which…section. 3 § 760.10(1)(a)-(b), (7), Fla. Stat. (2015). The employer

Buade v. Terra Group

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-06T23:53:00-08:00

Snippet: two-count complaint alleging a violation of section 760.10, Florida Statutes (2017), for sex discrimination

CHERELLDA BRANCH-MCKENZIE v. BROWARD COUNTY SCHOOL BOARD

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-12T00:53:00-07:00

Snippet: assert a claim for sexual harassment under section 760.10, Florida Statutes (2003).” Maldonado v. Publix

VILLAGE OF TEQUESTA v. TARA LUSCAVICH

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-07T00:00:00-08:00

Citation: 240 So. 3d 733

Snippet: pursuant to the FCRA, more specifically, section 760.10(7), Florida Statutes (2016), which states: …proceeding, or hearing under this section. § 760.10(7), Fla. Stat. (2016). To establish a prima facie…facie claim for retaliation under section 760.10(7), a plaintiff must demonstrate that: (1)

Jackson v. Kleen 1, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-19T23:53:00-08:00

Snippet: judgment granting directed verdict. Section 760.10(7), Florida Statutes (2016) provides:

Lin v. Demings

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-28T00:00:00-07:00

Citation: 219 So. 3d 124, 2017 WL 1534824, 2017 Fla. App. LEXIS 5943

Snippet: ., Senior Judge, concur. 1 . § 760.10(1)(a), Fla. Stat. (2009). 2 . Because

In Re: Standard Jury Instructions in Civil Cases—report No. 16-01

Court: Fla. | Date Filed: 2017-04-06T00:00:00-07:00

Citation: 214 So. 3d 552

Snippet: This instruction is based upon F.S. 760.10(1), which makes it an unlawful employment practice… of,” the causation language in F.S. 760.10(1). The committee takes no position on whether …factor, effective July 1, 2015. F.S. 760.10: Laws 2015, c. 2015-68, § 6. Prior to that amendment… This instruction is based upon F.S. 760.10(1). 417.7 ISSUES ON PLAINTIFF’S CLAIM … This instruction is based upon F.S. 760.10(1). 417.8 BURDEN OF PROOF ON CLAIM If

Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 212 So. 3d 419, 2016 Fla. App. LEXIS 18680

Snippet: a]ny person aggrieved by a violation ss. 760.01-760.10 may file a complaint with the commission.” § 760.11

City of Delray Beach v. DeSisto

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-20T00:00:00-07:00

Citation: 197 So. 3d 1206, 2016 Fla. App. LEXIS 11109, 2016 WL 3911373

Snippet: violation of the Florida Civil Rights Act (“FCRA”). § 760.10(l)(a), Fla. Stat. (2012). The matter proceeded …employment” because of the individual’s handicap.. § 760.10(l)(a), Fla. Stat. (2012). “Courts construe the

Vaughn Usher v. Nipro Diabetes Systems, Inc., and Nipro Medical Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-24T00:00:00-08:00

Citation: 184 So. 3d 1260

Snippet: also find that Usher stated a claim under section 760.10(1)(a), Florida Statutes (2009). He pleaded that

Kim Cimino, Personal representative of the Estate of Michael Cimino, and Kim Cimino ex rel. Kim and Michael Cimino's Son v. American Airlines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00

Citation: 183 So. 3d 1242, 2016 Fla. App. LEXIS 720

Snippet: Any person aggrieved by a violation of ss. 760.01-760.10 may file a complaint with' the commission

Gaberlavage v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-25T00:00:00-08:00

Citation: 160 So. 3d 477, 2015 Fla. App. LEXIS 2557, 126 Fair Empl. Prac. Cas. (BNA) 556, 2015 WL 799148

Snippet: the Florida Civil Rights Act (“FCRA”), section 760.10, Florida Statutes (2006). We affirm. I. Facts and

Granera v. Sedano's Supermarket 31

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-17T00:00:00-08:00

Citation: 153 So. 3d 960, 2014 Fla. App. LEXIS 20402, 2014 WL 7156856

Snippet: of the Florida Civil Rights Act (FCRA), section 760.10, Florida Statutes (2011). Sedano’s filed a

Pilot Catastrophe Services, Inc. v. Fouche

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-20T00:00:00-07:00

Citation: 145 So. 3d 151, 2014 WL 2781817, 2014 Fla. App. LEXIS 9340

Snippet: iv). . See 42 U.S.C. § 12101 (2012). . See § 760.10, Fla. Stat. (2012). . See 42 U.S.C. § 2000e-2

Stanley v. Great Glam, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-11T00:00:00-07:00

Citation: 161 So. 3d 457, 2014 WL 2601610, 2014 Fla. App. LEXIS 8865

Snippet: issue of law in this case turns on whether section 760.10(l)(a), Florida Statutes (2012), prohibits discrimination…, the Florida Supreme Court interpreted section 760.10(1)(a), Florida Statutes (2011), as prohibiting

Peguy Delva v. The Continental Group, Inc.

Court: Fla. | Date Filed: 2014-04-17T00:00:00-07:00

Citation: 137 So. 3d 371, 39 Fla. L. Weekly Supp. 246, 2014 WL 1491497, 2014 Fla. LEXIS 1316, 122 Fair Empl. Prac. Cas. (BNA) 707

Snippet: pregnancy discrimination. Specifically, section 760.10, Florida Statutes (2011) (emphasis added), of the…fair import of the term “sex” as used in section 760.10 is gender, meaning whether one is female or male…pursuant to the statute’s plain meaning, section 760.10’s prohibition against sex discrimination does not

Dr. Emanuel Kontos, D.M.D., P.A. v. Menz

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-14T00:00:00-08:00

Citation: 136 So. 3d 714, 2014 Fla. App. LEXIS 2026, 2014 WL 562930

Snippet: practice, essentially tracks the language of section 760.10(7), Florida Statutes (2009). After an evidentiary