How Do I File A Claim?

 

How do I file a state claim with the FCHR?


Any person who is working or seeking employment (with the exception of certain Federal employees), who feels he or she may have a discrimination claim, may file a claim with FCHR. You may file a claim directly with FCHR and can do so in writing, by phone, or in person. You may also file a claim electronically by fax or through the FCHR website.


How do I contact the FCHR?


The FCHR is located at 2009 Apalachee Parkway, Suite 100, Tallahassee, FL 32301-4857. The telephone number for the Clerk to the Commission is (850)488-7082. Their fax number for complaints is (850)488-5291, and their fax number for petitions and appeals is (850)487-4957.


Against whom can I file a claim?


You may file a claim against employer, employment agency, labor organization (such as a union), or joint labor-management committee under the FCRA.


If I choose to file a claim, what is expected of me?


You must file a complaint within 365 days of the alleged violation, naming the employer, employment agency, or labor organization responsible for the violation. The complaint must contain a brief, plain statement of the facts describing the violation and the relief requested.


How long will the process take?


Within 180 days, the FCHR will determine whether or not there is reasonable cause to believe that there has been an FCRA violation and will notify you and your employer by registered mail. A determination of reasonable cause simply means that the agency believes that a discriminatory practice forbidden by the FCRA has occurred.


Do I need an attorney?


No, you do not need an attorney to simply file a complaint with the FCHR.


Do I have to contact the FCHR?


Yes. In order to make a claim under the FCRA, you must file a complaint through the FCHR or <>.


Can’t I sue my employer directly without going through the FCHR?


No. Florida requires that you exhaust all administrative remedies before filing suit, which means that you must first file a complaint thorough the FCHR or EEOC before bringing suit against your employer.


Who will investigate my complaint?


The FCHR will investigate the allegations you make in your complaint.


What do I do after my initial contact with the FCHR?


The commission will advise you of your rights and responsibilities as the claim is processed.


What happens after I submit my claim?


The commission will then send a copy of the complaint to your employer, who then has 25 days in which respond to the complaint.


What happens if the investigators determine that no "reasonable" or "probable" cause exists on which to base a claim?


If the FCHR determines that there is no reasonable cause to believe a violation has occurred, the claim will be dismissed, but you may still request an administrative hearing before the FCHR within 35 days of the date of the determination. If the FCHR fails to render a determination within 180 days, you may either file suit or request an administrative hearing.


What happens if the investigator determines that "reasonable" or "probable" cause exists on which to base a claim?


If the FCHR determines that there is reasonable cause, you may either file a civil suit against the party named in the complaint in court or request an administrative hearing before the FCHR. If you choose to resolve the violation through an administrative hearing, you must request the hearing within 35 days of the date of the determination of reasonable cause.


Can I file a federal claim of employment discrimination as well? If so, how?


The FCHR has a work-sharing agreement with the EEOC. Thus, a filing of a complaint with the FCHR operates as a dual filing with the EEOC. Filing a complaint with the FCHR automatically initiates proceedings of both agencies. Alternatively, you may file a complaint with the EEOC.


What are the advantages and disadvantages of filing a federal claim over a state claim?


Federal law is somewhat broader inasmuch as it covers discrimination due to pregnancy and disparate impact cases. See Federal Law pages.



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