ABOVE: Photo by Dylan Todd.
The Florida Commission on Human Relations (FCHR) has announced it will protect LGBTQ Floridians in a major win for equality across the state.
The FCHR has enforced the Florida Civil Rights Act since 1969, administering civil rights laws statewide and serving as a resource for businesses, individuals and groups. The agency will now implement last year’s landmark Supreme Court ruling affirming that LGBTQ Americans are protected under civil rights law.
Equality Florida, the state’s largest LGBTQ civil rights organization, called the decision a victory for every LGBTQ Floridian.
“This is a huge win and cause for celebration statewide,” Executive Director Nadine Smith said. “Any LGBTQ person anywhere in Florida who experiences discrimination now has a path to pursue justice.”
More than 800,000 LGBTQ Floridians will now have an official state channel to file a claim to protect their civil rights laws, the organization detailed further. The announcement follows President Biden’s executive order, signed on his first day in office Jan. 20, which affirmed the SCOTUS ruling. He directed federal agencies across the nation to implement it.
The FCHR addressed that and more in the agency’s announcement, read in full below:
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.
Celebrating the news, Equality Florida also shared the thoughts of Commissioner Monica Cepero, who made the motion to affirm the SCOTUS decision.
“I couldn’t be more grateful to Governor Ron DeSantis for appointing me to the Florida Commission on Human Relations,” she said. “It is noteworthy that the FCHR has recognized and embraced the Supreme Court’s 2020 Bostock ruling clarifying fundamental protections for the LGBTQ+ community.
“In my nearly 30 years of public service, I can’t think of many more significant milestones that I have been honored to be a part of,” she continued. “Discrimination in any form is unacceptable and I’m proud to be a part of a Commission that values equal treatment and has the courage to do the right thing to protect the residents of the State of Florida.”
State Rep. Carlos Guillermo Smith, the state’s first openly LGBTQ Latinx lawmaker, also addressed the victory.
“When I was elected to the legislature I set the goal of securing protections for LGBTQ people across our state,” he said. “Today that goal has been achieved. This is a moment to celebrate and continue the work of making our state a welcoming and inclusive place for everyone to live, work and visit.”
“The U.S. Supreme Court declared that discrimination based on sexual orientation and gender identity is illegal,” Nadine Smith summarized, “and the agency that enforces civil rights protections for all Floridians has made it clear they will follow the law of the land.”
For more information about Equality Florida, click here. For more information about the FCHR, visit their website.
