May a Florida employer discipline an employee for cross-dressing at work?

Author: Marta Moakley, XpertHR Legal Editor

It depends. Employees who publicly identify as a different gender than that assigned at birth and dress accordingly are expressing their gender identity. Several Florida counties and cities maintain ordinances protecting employees from discrimination on the basis of gender identity, which would make discipline based on that protected characteristic unlawful. Municipalities with ordinances protecting against discrimination based on gender identity include: Broward County; Leon County; Monroe County; Orange County; Palm Beach County; the City of Gainesville; the City of Miami Beach; the City of Tampa; and the City of West Palm Beach.