If you are facing workplace discrimination, you can file a charge with the United States Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). Either way, the two agencies have a worksharing agreement such that a Charge filed with one agency is automatically dual filed with the other. Nevertheless, while these agencies handle workplace discrimination claims, they operate under different laws and timelines. Filing with the wrong agency can delay your claim or limit the remedies available, so you need to know the difference between the two.
EEOC vs FCHR
Federal and state agencies handle discrimination claims differently. Here are the key differences you need to know:
- Coverage: EEOC covers most employers with 15+ employees (20+ for age claims), while FCHR covers employers with 15+.
- Deadlines: You have 300 days from the act of discrimination or retaliation being claimed to file with the EEOC and 365 days for FCHR.
- Marital status: EEOC does not have a standalone marital status discrimination protection, unlike FCHR which explicitly prohibits it.
- Damages: EEOC caps combined compensatory and punitive damages by employer size (up to $300,000 for employers with 500+ workers). FCHR limits punitive damages to $100,000 but places no statutory cap on compensatory damages against private employers.
The EEOC or FCHR can dismiss a charge if the employer falls outside their coverage, so consider seeking legal advice before filing.
File your discrimination claim right the first time
It can be confusing to know whether to file with the EEOC, FCHR or both. Filing the wrong way can waste time or limit your options. A lawyer can review your case, recommend the best choice and file the charge correctly so you do not lose any rights. The law protects people who face discrimination, and you deserve to speak up and move forward with fairness.