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How to file an employment discrimination complaint in Florida

If you believe you were a victim of workplace discrimination, you might be wondering what you should do. It is crucial to understand your rights and take the appropriate action. Going through this process might be stressful and a little scary, but with the right help, you can stand up for yourself.

No one deserves unlawful mistreatment at work. Continue reading to learn what you should do if you suffered discrimination.

Internal complaint

Before you file with a federal agency, review the anti-discrimination policy at your place of employment. If there is an avenue for you to file a complaint directly within your company, this is generally a good first step. Talk to your human resources department for assistance with filing an internal claim.

Administrative complaint

If the internal process does not yield a resolution, consider filing an administrative charge. Whether you file with the Florida Commission on Human Relations (FCHR) or Employment Employment Opportunity Commission (EEOC) is up to you and your attorney. The filing deadlines for each agency are:

  • EEOC - 180 days after the discrimination occurred.
  • FCHR - 300 days after the discrimination occurred.

When you file with one agency, you do not need to file with the other. There is a work share agreement between the FCHR and the EEOC to avoid duplicate investigations.

Suing your employer

Bringing a lawsuit forward is only possible once you file with an agency and it determines your case has merit. An administrative charge is an "exhaustion of an administrative remedy" and is a mandatory precursor to an employment discrimination lawsuit.

Before you take any of these actions, it is wise to consult an employment law attorney. Talking to an attorney can help even throughout the process of filing internal or administrative complaints. In fact, an attorney can review your case and let you know if it is worth pursuing.

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