If you’ve experienced discrimination at work, you have the right to file a complaint in Florida. The process involves several steps to ensure your claim is heard and investigated. Here’s what you need to know.
Step 1: Determine if you qualify for protection
Florida follows both federal and state laws protecting employees from workplace discrimination. These laws cover discrimination based on race, color, national origin, sex, religion, age, disability, and more. Ensure your discrimination claim falls under these protected categories before proceeding.
Step 2: Report the issue to your employer
Before filing a complaint, consider reporting the issue to your employer. Many companies have internal procedures for handling complaints of discrimination, allowing your employer a chance to investigate and resolve the issue.
Step 3: File a Charge of Discrimination
If internal resolution doesn’t work, you can file a Charge of Discrimination with either the U.S Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). To file, you’ll need to:
- Fill out a complaint form.
- Provide details about the discrimination, including dates and individuals involved.
- Submit the form within 300 days of the incident for coverage under federal law, though you have up to 365 days under the Florida Civil Rights Act (FCRA).
The EEOC and FCHR have a work-sharing agreement in place in which a Charge of Discrimination filed with one agency is dual-filed with the other agency, and, to avoid duplication of effort, the agencies will determine which agency will investigate your claim and assess whether discrimination occurred.
Step 4: Investigation and resolution
Either the FCHR or EEOC will investigate your claim. If they find sufficient evidence, they may help resolve the issue or take legal action. If not, you may receive a “Notice of Right to Sue,” allowing you to pursue a lawsuit.