Changes to the Florida Civil Rights Act Claims Process
The Florida Civil Rights Act (FCRA) exists under Chapter 760 of the Florida Statutes. The FCRA allows job applicants and employees in Florida to seek remedies for various forms of employment discrimination under state law. Many of the protections that exist under the FCRA also exist under a range of federal laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Yet whether you will need to file a claim under the FCRA or under federal law, or whether one is advisable over the other, will depend on the specific facts of your case.
Florida lawmakers have passed a bill that will likely change the process for filing an FCRA claim in certain ways. Our South Florida employment discrimination attorneys can explain in more detail.
Understanding FCRA Timelines
Under the FCRA, any employer with 15 or more employees is considered “covered” and must comply with the state law. In order for a job applicant or employee to have a remedy under the FCRA, they must file a claim with the Florida Commission on Human Relations (FCHR) to then file a civil action. The statute of limitations for the civil action in general has been 365 days, yet the date on which the “clock” starts to tick has been in dispute, and there have been questions about what specifically triggers the start of the one-year clock, especially when cases are dual-filed under state and federal law through the Equal Employment Opportunity Commission (EEOC).
In addition, the FCRA is supposed to have 180 days to issue a reasonable cause determination, and if it fails to do so, a plaintiff would have a four-year statute of limitations for filing a lawsuit. Florida courts have split over whether the EEOC issuing a Notice of Right to Sue (under federal law) triggers the FCRA’s one-year statute of limitations to file a claim, even without an FCHR determination. Some have said yes, and others have said no, with the latter potentially extending the statute of limitations for FCRA claims for extended periods of time.
Amendments to the FCRA Claims Process
Under Florida House Bill 1407, which has now been passed by Florida lawmakers, deadlines for filing a claim under the FCRA would change. Given that the law has been passed by the legislators in the state, it is expected to take effect on July 1, 2026. The bill is waiting to be signed by the governor, yet it can take effect even if it is not signed — as long as the governor does not reject the bill.
What would change if the bill takes effect on July 1, 2026? The bill is designed to reduce administrative delays and to streamline FCRA cases. Under the new law, an FCRA claim must be brought within one year (365 days) either from the date the FCHR makes a reasonable cause determination or the EEOC issues a Notice of Right to Sue — whichever of the two is earlier. The law also addresses the 180-day window that the FCHR has to investigate. If the FCHR fails to investigate, the claimant has 18 months from the date they filed the charge to file a civil lawsuit.
Contact Our Palm Beach Gardens Employment Discrimination Attorneys for Assistance with Your FCRA Claim
If you believe you may have a claim under the FCRA, it is crucial to speak with an attorney as soon as possible to ensure that you file your claim within the statute of limitations. While the newly passed law has not yet been signed by the governor, it can take effect even without being signed, as well discussed above. If the law does take effect, as commentators expect it to, it will be in effect as of July 2026. If you have faced any type of employment discrimination in the job application process or in your current employment, you should get in touch with one of the experienced Palm Beach Gardens employment discrimination lawyers at Sconzo Law Office as soon as possible to determine a timeline and your options for moving forward with a claim.
Sources:
https://www.flsenate.gov/Session/Bill/2026/1407
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/0760PARTIContentsIndex.html