Filing a Workplace Discrimination Lawsuit in Florida After an EEOC Right to Sue

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws that prohibit discrimination in employment. The EEOC has the authority to enforce a variety of federal anti-discrimination laws, including:

• The Civil Rights Act;
• The Americans with Disabilities Act; and
• The Pregnancy Discrimination Act.

An employee who works for an employer to which these federal laws apply, i.e., an employer with 15 or more employees, may not sue for discrimination in a federal court without first going through the EEOC. Or, in many states, there is a state agency that functions as the EEOC does and enforces state laws that prohibit employment discrimination.

The authority of the EEOC and the federal laws that it enforces apply across the entire U.S. So, an employee at a company in Florida has every right to rely on the protections that the EEOC and federal laws offer. An EEOC claim has to be filed within 180 days of the wrongful or discriminatory conduct.

In addition, Florida law also prohibits discrimination. Specifically, the Florida Civil Rights Act bans discrimination based on race, color, religion, sex, pregnancy status, national origin, age, disability, sexual orientation, gender identity, or marital status in employment and other domains, e.g., housing.

In Florida, the process for filing a discrimination complaint is somewhat complicated:

• Identify the Agency: In Florida, the agency to which an individual may submit a complaint of discrimination would depend on the kind of discrimination they have experienced. They may need to file with different agencies, such as the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). Generally, a complaint of discrimination in employment would be filed with the FCHR.
• Submitting a Complaint: An individual needs to complete the forms that the agency provides and submit them within the allowed timeframe. These forms usually require detailed information about the discrimination claimed, the parties involved, and the evidence that shows the claimed discrimination.
• Investigation: The agency investigates complaints to determine their validity. It might interview the parties involved in the dispute, collect relevant documents, and take other steps needed for evaluating the situation.
• Resolution: The agency may try to resolve the dispute through mediation or negotiation. If the dispute is not resolved, the agency may take further legal action.
• Administrative Hearing: If resolution does not happen, the FCHR may hold an administrative hearing before a judge. At the hearing, both parties may present evidence and arguments in support of their positions.
• Legal Action: If the dispute cannot be settled in mediation or negotiation, the FCHR may take further legal action in court to enforce anti-discrimination laws and seek remedies for the victim.

It is important to recognize that the process for filing a discrimination complaint in Florida may be different in different cases. That is why a person who believes they have experienced discrimination should seek a legal consultation in Florida with a Florida lawyer. This would help them identify the right agency to receive their complaint and manage the agency’s resolution process most effectively.

How Do I File a Discrimination Complaint in Florida

A complaint of discrimination can be filed online at the website of the Florida Commission on Human Relations’s website and/or at the EEOC‘s website.

The EEOC also accepts complaints submitted by the U.S.P.S. It may take the form of a letter that would contain the following information:

• The complainant’s name, address, and telephone number
• The name, address, and telephone number of the employer whose conduct is the subject of the complaint
• The number of employees employed by the employer, if the complainant knows
• A brief description of the events that were discriminatory, e.g., firing, demotion, harassment for a discriminatory reason
• When the events took place
• The complainant’s signature.

What Is an EEOC Right-to-Sue Letter?

An individual who has received a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC) has the right to file a lawsuit in federal court alleging discrimination in their employment. An individual receives a right-to-sue letter after they have submitted a complaint to the EEOC and the EEOC has exhausted all of the procedures that it intends to pursue in connection with the complaint.

If an individual were to file a discrimination lawsuit in federal court before they have received a right-to-sue letter from the EEOC or the CRD, a judge would likely dismiss it on the grounds that the complainant did not have a right-to-sue letter from the EEOC or the CRD.

How Can I Request a Right-to-Sue Letter in Florida?

As noted above, to obtain a federal right-to-sue letter, a person must submit a request to the EEOC. A right-to-sue letter from the EEOC gives the person who receives it permission to file an employment discrimination lawsuit in federal court. Again, without one, a person who files suit is likely to have it dismissed by a judge.

Specifically, the EEOC issues an individual with a “Dismissal and Notice of Rights,” which means the EEOC has chosen not to move forward with the individual’s complaint and they have the right to file a personal lawsuit in federal court alleging discrimination.

Or, the EEOC issues a “Letter of Determination,” or “Cause Determination,” which signifies that an EEOC investigator has decided that the complainant has a valid claim. The EEOC then recommends mediation between the employee and their employer.

If mediation does not work, or if one of the parties declines mediation, the EEOC issues a right-to-sue letter. In certain cases, the EEOC itself files a lawsuit on behalf of a person. This happens if the EEOC believes that the case has particular merit.

Are There Special Considerations for Age and Equal Pay Claims?

As has been noted above, most claims of employment discrimination require that a person have a right-to-sue letter before they can file a lawsuit in court. There are exceptions for lawsuits that allege the following:

• Violations of the Equal Pay Act or
• Age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA).

The Equal Pay Act requires that men and women receive equal pay for equal work. The Equal Pay Act amended the Fair Labor Standards Act (FLSA).

A person can file these lawsuits in court without going through the EEOC or the CRD. The timeline is as follows:

• 2 years from the day that the pay discrimination took place to file suit or
• 3 years if the discrimination was willful.

A person does not need to get a right-to-sue letter from the EEOC before filing a lawsuit alleging age discrimination under the ADEA. However, a person must file a complaint with the EEOC before filing their lawsuit in court. A person should then initiate their lawsuit within 60 days of filing their complaint with the EEOC.

What Is the Legal Process After Receiving a Right-to-Sue Letter?

Once a person has a right-to-sue letter from the EEOC, they may file a discrimination lawsuit in federal court. In some cases, a person’s employment attorney can demand a right-to-sue letter right after filing the charge with the EEOC. This can speed up the case and get it started in court more quickly.

Note that if the EEOC investigation has lasted for more than 180 days, a claimant can ask for a right-to-sue letter after 180 days have passed even if the investigation has not been finished. However, experts recommend allowing the EEOC the full amount of time it needs to finish its investigation before filing a lawsuit in court.

If the EEOC issues a “Letter of Determination” at the conclusion of its investigation, it means that they believe the claimant has a valid claim. This could be used as evidence in court and would strengthen a person’s case.

An employment discrimination case is the kind of case for which a victim should have a lawyer to represent them. A lawyer knows what kind of evidence would be needed to succeed and how to gather it. They know the rules of procedure for courts, both federal and state, and other technical, legal things a person would have to know to prosecute their case smoothly and effectively.

Do I Need a Florida Employment Discrimination Lawyer?

If you believe that you have experienced discrimination in your workplace, you want to consult a Florida discrimination lawyer. LegalMatch.com can connect you to a lawyer who understands both federal and Florida law and the way through the bureaucracy to the remedy that you deserve.