The proposed act would add workplace protections for LGBT+ workers to Florida law.
The court “will hear three cases related to LGBT+ employment discrimination that will determine if federal law protects LGBT+ people against discrimination,” said Florida Competes spokesperson Christina Johnson. “The court has the opportunity to affirm that all LGBT+ people should be able to work hard and support themselves and their families without fear of harassment or discrimination at work.
“Regardless of how the court rules, our elected leaders must pass the Florida Competitive Workforce Act to ensure comprehensive nondiscrimination protections for LGBT+ Floridians.”
One of the cases was filed by a transgender woman fired from her funeral home job after announcing she would undergo gender reassignment surgery to become a woman. She asks the court to consider whether gender identity is a protected form of discrimination under Title VII of the Civil Rights Act of 1964.
The plaintiff’s argument rests on whether the woman was actually discriminated against on the basis of sex, because she was fired after dressing and presenting as a woman, and whether her employer violated anti-discrimination laws for firing her on the basis of not wearing gender-conforming clothing.
The other two cases involve gay men who say they were fired after their employers found out their sexual orientation.
A ruling in favor of any of the cases would be a major win for LGBT+ workplace protection. But supporters worry a more conservative Supreme Court with two Trump appointees will go against the plaintiffs.
That, in part, is why a bipartisan group of Florida lawmakers are trying to add protections at the state level.
“Florida businesses must remain competitive in the global marketplace,” Johnson added. “That is why the Florida Competes Coalition, comprised of 35 major employers, 11 Fortune 500 companies, along with more than 450 local businesses, strongly supports the Florida Competitive Workforce Act to not only be heard, but passed into law this session to ensure our economy thrives.
“Florida businesses can only succeed if our workforce is as diverse as our state’s population.”
The 11 Fortune 500 companies include AT&T, CSX, Darden Restaurants, Marriott, NextEra Energy, Office Depot, Raymond James, Tech Data, Uber, Walt Disney World Resort and Wells Fargo.
The proposal “will bring the Sunshine State into the 21st century by expanding local Human Rights Ordinances, which have already passed in 12 counties and 31 municipalities, representing 60 percent of Florida’s population,” Johnson said.
The House and Senate bills will be considered during the 2020 Legislative Session, which begins Jan. 14.
The same bill filed last year (SB 438) never made it past its first committee assignment. It was withdrawn from consideration in the Government Oversight and Accountability Committee.
An identical bill in the House (HB 1279) also died in its first committee stop. Both were indefinitely postponed and withdrawn from consideration.