Florida: Employers Prohibited from Discrimination Based on Employee “Healthcare Choices”

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APPLIES TO

Employers with FL Employees

EFFECTIVE

June 1, 2023

  

QUESTIONS?

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(888) 378-2456
Quick Look

  • Florida employers cannot require proof of vaccination status or post-infection recovery, or otherwise discharge, discipline, demote, or discriminate against individuals because of their vaccination or immunity status.
  • Florida employers cannot mandate or require masks in order to gain entry to the employer’s facilities.

Discussion

Florida has passed legislation that protects individuals from discrimination on the basis of their “healthcare choices,” prohibiting certain COVID-19 related mandates. Specifically, Florida employers are prohibited from: (1) requiring individuals to provide proof of vaccination (e.g., vaccination passports) or post-infection recovery (e.g., proof of negative testing) from any disease to gain access to, entry upon, or service from such entities; (2) refusing employment to or discharging, disciplining, demoting, or otherwise discriminating against an individual solely on the basis of vaccination or immunity status; and (3) mandating or requiring masks in order to gain entry to their facilities. Under the new law, Florida employers are prohibited from mandating the COVID-19 vaccine or any other vaccine under “emergency use authorization.”

Certain limited exceptions exist for the prohibition on mandated face coverings, specifically for healthcare providers or practitioners. The Florida Department of Health (DOH) and the Agency for Health Care Administration have jointly developed standards for the “appropriate use of facial coverings for infection control,” which were released on July 3, 2023. Employers in the healthcare industry must create and post standards that conform to the DOH’s guidelines by August 1, 2023.

Action Items

  1. Review the bill here.
  2. Have policies and procedures updated for compliance.
  3. Implement face covering standards if in the healthcare industry by the August 1, 2023 deadline.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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. © 2023 ManagEase