Can I Choose Between the EEOC and the Florida Commission on Human Rights for Making a Discrimination Claim?
If you have experienced possible employment discrimination as a job applicant or an employee, you may have started looking into your options for filing a claim. Whether you have done some initial searching on the internet or you have spoken with friends and colleagues, you may have learned that initial claims can be filed through the Equal Employment Opportunity Commission (EEOC) or through the Florida Commission on Human Rights (FCHR). If these are the two major bodies that receive employment discrimination complaints, can you choose between them? Can you sidestep them altogether and simply file a lawsuit? These are critical questions, and it is essential to discuss them with an employment discrimination attorney in South Florida who can assist you.
In short, you often cannot choose between the EEOC and FCHR, and you often must file a “charge” with one of the entities before you can file a lawsuit (although not always). Our Palm Beach Gardens employment discrimination lawyers can explain in more detail below.
When the EEOC Versus the FCHR Handles Employment Discrimination Cases
Whether the EEOC or the FCHR needs to be the entity with which an employment discrimination is filed depends on whether you are planning to file a claim under state law — the Florida Civil Rights Act or FCRA — or under a federal law such as Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
Most federal laws are applicable to employers with 15 or more employees (though the ADEA is 20 or more employees), and the FCRA also applies to employers with 15 or more employees. Depending on the facts of the case, you may need to file a claim (called a “charge”) with the EEOC or with the FCHR. In some cases, you may be able to “cross-file” a claim.
The statutes of limitations differ, too. Most EEOC charges must be filed within 300 days of the date of the alleged discrimination, whereas cases with the FCHR must be filed within 365 days of the date of the alleged discrimination. Accordingly, if more than 300 days have passed but fewer than 365, you will likely need to file a state rather than federal claim.
Do I Need to File an Initial Claim with the EEOC and/or FCHR, or Can I Just File a Civil Lawsuit?
For many types of employment discrimination, you do need to file an initial charge or claim with the EEOC or FCHR. The EEOC and/or FCHR has a limited amount of time to investigate, after which time the claimant can be issued a “Notice of Right to Sue” by the EEOC or “reasonable cause” by the FCHR to allow for a lawsuit.
There are some exceptions, however. Equal pay lawsuits under the Equal Pay Act (EPA) do not require a job applicant or employee to file an initial charge or receive a Notice of Right to Sue. A federal case under the ADEA only requires the claimant to file a charge — they do not need to wait for a Notice of Right to Sue.
Contact a Palm Beach Gardens Employment Discrimination Lawyer for Assistance with a State or Federal Claim
Have you faced unlawful employment discrimination under the FCRA or under a federal law that the EEOC enforces? You should get in touch with one of the experienced Palm Beach Gardens employment discrimination attorneys at Sconzo Law Office as soon as possible to discuss the details of your case and your options for moving forward with a claim. You will want to have assistance from an experienced attorney in determining where to file your initial charge or claim, and how to move forward with a lawsuit if necessary. Contact our firm today to begin discussing the details of the discrimination you experienced and the timeline for your claim.
Source:
fchr.myflorida.com/file-a-complaint-page
