Florida
Discussion
Florida: State Supreme Court Raises the Bar for Whistleblower Claims
On May 28, 2026, the Florida Supreme Court ruled in Gessner v. Gulf Power Company, that employees bringing retaliation claims under the Florida Private Whistleblower Act (FPWA) must establish that the employer’s activity, policy, or practice constituted an actual violation of a law, rule, or regulation, not merely that the employee had a good-faith, objectively reasonable belief that a violation occurred. The decision resolves a longstanding conflict among Florida’s appellate courts and disapproves the more employee-favorable “reasonable belief” standard previously applied by the state’s Fourth District Court of Appeal. The court clarified that the standard does not require proof that the employer completed an unlawful act or was found by an agency or court to have violated the law, noting that an employee who objects to or refuses to participate in a future act that would be unlawful if carried out may still be protected. Florida employers should be aware that while this decision strengthens a key defense against FPWA claims, it does not diminish the importance of maintaining consistent disciplinary practices, clear complaint reporting procedures, and thorough documentation of employee concerns and any resulting investigations.
Florida: Local Governments Blocked from DEI Initiatives
Effective January 1, 2027, SB 1134 prohibits counties and municipalities in Florida from funding or promoting or taking official action as it relates to diversity, equity, and inclusion. Any such existing
ordinances, resolutions, rules, regulations, programs, or policies are void. A recipient of a county or municipal contract must also certify that they do not and will not use county or municipal funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion.
Florida: Streamlined Process for Disputes Under State Civil Rights Act
Effective July 1, 2026, HB 1407 amends the Florida Civil rights Act (FCRA) regarding the commencement of civil rights claims and the effect of administrative notices from federal and state agencies. The FCRA applies to employers with at least 15 employees and prohibits discrimination in employment based on an individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. The amendment eliminates the registered-mail requirement for communications from the Florida Commission on Human Relations (FCHR) in order to reduce technical issues for service and notice. Now, a civil action can commence no later than 1-year after the date of determination of reasonable cause by the FCHR or after the issuance of a Notice of Right to Sue by the EEOC. If a determination of reasonable cause is not made by the FCHR or a Notice of Right to Sue is not issued by the EEOC within 180 days after the filing of the complaint, a civil action can commence no later than 18 months after the filing of the complaint.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase