Although the United States has come a long way toward eradicating discrimination in the workplace, there is still work to be done. Employment related discrimination, in many forms, still occurs far more often than most people realize. Fortunately, there are numerous state and federal laws that make certain types of discrimination in the workplace illegal. Discrimination on the basis of race, for example, is illegal under both federal law and the laws of the State of Florida. For an act of discrimination to be legally actionable, however, the employer committing the discriminatory acts must be covered by either the federal or state anti-discrimination laws, making it important to know which employers are covered by race discrimination laws.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. Not all employers, however, are covered under Title VII. “Employer”, for the purposes of Title VII is defined as someone who is:

“engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of Title 5 [United States Code]), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of Title 26 [the Internal Revenue Code of 1986]…”

In short, Title VII usually covers employers other than small businesses, Indian tribes, and private clubs. Note that local, state, and federal government agencies are covered under Title VII. The “minimum employees” requirement applies to local and state government agencies; however, federal agencies are covered regardless of how many employees they have.

The Florida Civil Rights Act, or FCRA, also prohibits employment discrimination based on race, color, religion, gender, national origin, age, handicap, or marital status. The definition of “employer” in the FCRA mirrors that of Title VII, as follows:

“Employer means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.”

If you have additional questions or concerns about either Title VII or the FCRA, or you believe you have suffered employment related discrimination on the basis of race, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.