What Process Should I Expect When Filing a Claim with the Florida Commission on Human Relations (FCHR)?

When a job applicant or an employee faces actionable employment discrimination, they may be eligible to file a discrimination claim under state or federal law. When a claim is filed under federal law, the process begins with a charge of discrimination filed through the US Equal Employment Opportunity Commission (EEOC). When a claim is filed under the Florida Civil Rights Act (FCRA), the state law that prohibits various forms of employment discrimination, the process begins with a complaint filed through the Florida Commission on Human Relations (FCHR).

If you are planning to file a complaint with the FCHR, what should you know about the process and what should you expect? Our Palm Beach Gardens employment discrimination lawyers are here to provide you with more information.

Understand Types of Prohibited Employment Discrimination Under the FCRA 

In order to file an employment discrimination claim with the FCHR, you will need to allege in your complaint that you have faced unlawful discrimination under the FCRA. Under Chapter 760 of the Florida Statutes, the Florida Civil Rights Act of 1992 has the following purposes:

“[T]o secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.”

In other words, the FCRA prohibits discrimination, including in employment contexts, on the basis of “race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.”

Filing Your Complaint 

If you file an employment discrimination complaint with the FCHR, you will need to file with your name and contact information (you cannot file an anonymous complaint) in addition to a detailed description of the FCRA violation and the date of the violation, and you will typically need to do so within one year or 365 days from the date that you experienced employment discrimination prohibited by the FCRA.

The FCHR will then send a copy within 5 days of the complaint to the party you have alleged violated your rights, and that party will have 25 days to file an answer. The FCHR can then begin an investigation, which it will have 180 days to do. If the FCHR finds that there is reasonable cause to believe employment discrimination occurred in violation of the FCRA, you may have multiple options, including mediation or filing a lawsuit. If you want to file a lawsuit, you will usually have one year from the date the FCHR notifies you that there is reasonable cause.

If the FCHR says there is no cause to believe employment discrimination occurred in violation of the FCRA, you will typically have 35 days to request an administrative hearing (essentially to appeal the FCHR’s finding).

Contact Our Palm Beach Gardens Employment Discrimination Attorneys 

If you have faced employment discrimination and want to find out more about filing a claim with the FCHR, it is important to seek legal advice. While having a general understanding of the process is important for any employee who plans to file a claim, it is still critical to have an attorney on your side. An experienced Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office can speak with you today to learn more about your case and to assist you through all aspects of the FCHR complaint process. Contact us today to find out more about how we can help you with your employment discrimination case in South Florida.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html

fchr.myflorida.com/file-a-complaint-page#:~:text=Filing%20a%20complaint%20%E2%80%93%20You%20must,hearing%20or%20civil%20court%20proceeding