FILING A CHARGE OF DISCRIMINATION IN FLORIDA
If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, sex, religion, national origin, age, or disability, or believe that you have been discriminated against because of opposing a prohibited practice or participating in an equal employment opportunity matter, you ,must file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), the Florida Commission on Human Relations (FCHR) and local fair employmen practices agencies.
There are strict time frames in which charges of employment discrimination must be filed. Generally, an individual has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability in Florida, if the charge is also filed with the FCHR. An individual has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 20 or more employees for discrimination based on age in Florida, if the charge is also filed with the FCHR. Check with you city and county government to see if there is a local ordinance that covers smaller employers.
While no appointment is needed to file a charge in person, please contact the EEOC to determine the best time to visit the office. The EEOC staff may conduct either an interview in the EEOC office or a telephone interview. Although less time may be required, please allow at least 1 to 2 hours for an office visit. To avoid delay, please let the office know beforehand if you need special assistance, such as an interpreter, to file a charge.
An EEOC representative initially screens individuals who are interested in filing charges of discrimination to determine whether the laws EEOC enforces cover their employment experiences. The EEOC representative will ask questions about your allegations, about the evidence available to support the allegations, and about jurisdiction (whether the charge is timely, and the employer, charging party and subject matter are covered under the statutes enforced by EEOC).
The EEOC staff should advise you whether your employment concern is covered by EEOC. If it is not covered, you will be provided with information on where you might receive assistance. If covered by EEOC, you will be advised on the procedures for filing a charge of employment discrimination with EEOC.
When filing a charge with EEOC, individuals should be prepared to provide the following information:
- The name, address, and telephone number of the person filing the charge;
- The name, address, and telephone number of the company, employment agency, or union that the charge is filed against, and the number of employees (or union members), if known;
- A short description of the event(s) with supporting documentation (if any) which caused the person filing the charge to believe that his or her rights were violated;
- The date(s) the event(s) took place;
- The names, addresses, and telephone numbers of any witnesses;
- Whether the individual has filed the same or similar charge with a state or local fair employment practice agency; and
- The name, address, and telephone number of a person who always knows where to contact the person wishing to file a charge.
You should tell the EEOC employee that you want your charge to also be filed with the Florida Commission on Human Relations (FCHR). You should also make sure that you get a copy of the completed charge.
The EEOC employee may ask if you are interested in mediation. Mediation is a form of Alternative Dispute Resolution (ADR) that is offered by the EEOC as an alternative to the traditional investigative or litigation process. Mediation is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. The decision to mediate is completely voluntary for the charging party and the employer. Mediation gives the parties the opportunity to discuss the issues raised in the charge, clear up misunderstandings, determine the underlying interests or concerns, find areas of agreement and, ultimately, to incorporate those areas of agreement into resolutions. A mediator does not resolve the charge or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone, including other EEOC employees.
