New Florida Bill Would Protect Anti-Trans Discrimination in the Workplace

As the anti-transgender panic continues to escalate — and as many of the bills seen over the last four years migrate from statehouses to the national level — states that have led the charge have shown no inclination to slow down. Instead of resting on the discrimination they have already enacted, many are pressing forward with new and increasingly punitive ways to target transgender people. Few states exemplify this trajectory more clearly than Florida, where adult transgender health care remains heavily restricted and a criminal bathroom ban is already in force. Now, two Florida lawmakers have unveiled a novel escalation: legislation that would make it illegal for state, county, and local employers to discipline or fire employees who harass or bully their transgender coworkers under the guise of “belief.”

The bill, House Bill 641, would enact a sweeping set of new workplace protections for employees who oppose transgender people. It states that a state, county, or local employee “may not be required” to refer to another person using that person’s preferred pronouns if those pronouns “do not correspond to that person’s sex.” It would bar such employers from including any gender options other than “male” or “female” on job applications, and it would prohibit even private workplaces from workplace training related to gender identity or sexuality — effectively imposing a “Don’t Say Gay or Trans” policy on workplaces. Most significantly, the bill would ban “adverse personnel action” against employees who engage in openly transphobic conduct, shielding them under the banner of “deeply held religious, moral, conscience-based, or biology-based beliefs against gender ideology.” Protected conduct would include actions that would otherwise lead to suspension, transfer, termination, denial of promotion, or the withholding of professional opportunities. These provisions also apply to contractors working for the state.

The bill also goes further by codifying the state’s viewpoint toward transgender people into law. It explicitly declares that “it is the policy of this state that a person’s sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person’s sex,” language that closely mirrors the rhetoric used in Trump-era executive orders targeting transgender people. The bill further asserts that it is “false” that “males can identify as and become women and vice versa,” transforming ideological claims about gender into formal state policy rather than employment guidance.

The bill would be a disaster for transgender people if passed. State, county, and local employees could openly harass transgender coworkers — including in workplace bathrooms — while such employers would be legally barred from disciplining or firing them. Repeated misgendering could not be addressed through reassignment or corrective action, and supportive employers that claim to value inclusion would be powerless to respond to employees who are overtly hostile or transphobic. In practice, the bill would strip transgender people of any meaningful workplace recourse in the affected workplaces and normalize their mistreatment in government settings.

Furthermore, the bill’s “Don’t Say Gay or Trans” provisions would have sweeping consequences for hospitals and health agencies. These institutions must train staff on gender identity and sexuality in order to provide gender-affirming care, address sexual health needs specific to LGBTQ+ patients, and advocate effectively for those populations. Under this bill, such training would be prohibited outright. Critically, the provision is not limited to state, county, or local employers; it extends to any private business or organization that contracts with or receives funding from the state of Florida, vastly expanding its reach into the healthcare system and other arenas.

Though much, but not all, of the bill is limited to state, county, and local employers, it also applies broadly to subdivisions and agencies — a category far wider than many might assume. Many hospitals fall under this definition. Certain Florida airports would as well, meaning airport employees could harass transgender passengers without recourse. Libraries, development districts, and even parts of Disney World governed by the Central Florida Tourism Oversight District could openly discriminate against transgender people and face no legal consequences under this framework.

This piece was republished with permission from Erin In The Morning.