How to File a Discrimination Complaint Against an Employer

If you believe your employer has discriminated against you because of your race, sex, pregnancy, religion, national origin, age, disability, or another legally protected characteristic, you may have the right to file an employment discrimination complaint. For many employees, however, filing a lawsuit is not the first step. In most cases, federal discrimination laws require an employee to file a charge with the appropriate administrative agency before bringing a lawsuit in court.

For Florida employees, the two agencies most commonly involved are the U.S. Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). Although the agencies have overlapping responsibilities, there are important differences between them, including the laws they enforce, filing deadlines, and what happens after an investigation.

At James P. Tarquin, P.A., our Marion County employment discrimination lawyers represent employees in Ocala and throughout Central Florida in discrimination and other employment law matters. Understanding the administrative process can help you avoid missing an important deadline or taking a step that could affect your ability to pursue a discrimination claim.

Where Do You File an Employment Discrimination Complaint?

The appropriate agency to file with depends on the type of discrimination involved and the laws that may apply. The EEOC is the federal agency responsible for enforcing most federal employment discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA). The EEOC also enforces the Equal Pay Act, although the Equal Pay Act has different filing requirements.

The FCHR enforces the Florida Civil Rights Act (FCRA), which prohibits employment discrimination based on characteristics including race, color, religion, sex, pregnancy, national origin, age, disability, and marital status. For a Florida employee, the same conduct may violate both federal and Florida law. That is one reason understanding the relationship between the EEOC and FCHR is important.

How Do You File a Discrimination Complaint?

An EEOC complaint is formally called a Charge of Discrimination. It is a signed statement asserting that an employer engaged in unlawful employment discrimination and asking the EEOC to take remedial action. The EEOC provides an online Public Portal through which employees can begin the process, and charges may also be initiated through an EEOC office.

The FCHR also accepts employment discrimination complaints. The agency states that complaints may be filed online, by mail, fax, or in person. A complaint generally identifies the employer, describes the alleged discriminatory conduct, and provides the dates on which the alleged violations occurred. Filing is free, and an employee does not have to have an attorney to file a complaint. Although an employee can file a charge without a lawyer, consulting an employment attorney before filing can be valuable. The allegations in an administrative charge can affect the scope of a later lawsuit, and an employee does not want to inadvertently omit important facts or legal theories.

How Long Do You Have to File?

The deadline depends on which law applies. For most federal discrimination claims, an EEOC charge generally must be filed within 180 days of the discriminatory act. However, because Florida has a state agency that enforces discrimination laws, the federal deadline is extended to 300 days for claims covered by a corresponding state or local law.

The FCRA has its own deadline. Under Florida Statutes section 760.11, an employment discrimination complaint must be filed within 365 days of the alleged violation. Florida law also provides that the earliest filing date with the EEOC, FCHR, or another qualifying fair-employment-practice agency can serve as the filing date for purposes of the Florida statute.

These deadlines can be complicated, particularly when there has been a series of discriminatory actions or when an employee is still experiencing ongoing harassment. Employees should not assume that they have a full 300 or 365 days simply because the employment relationship continues. It is important to evaluate the dates of each potentially discriminatory act as soon as possible.

What Is Dual Filing?

Dual filing is particularly important for Florida employees who may have both federal and state discrimination claims. The EEOC and FCHR have a relationship that allows a discrimination charge filed with one agency to be shared with the other when the claim falls within the agencies’ respective jurisdictions. The EEOC explains that when a charge is initially filed with a state or local fair employment practices agency that has a work-sharing agreement with the EEOC, the state agency generally dual files the charge with the EEOC while retaining the charge for processing. Likewise, when a charge is filed with the EEOC and is also covered by state or local law, the EEOC generally dual files it with the appropriate state agency. This can allow an employee to preserve rights under both federal and Florida law without having to independently pursue two separate administrative filings.

For Florida employees, the timing of the original filing remains critical. The FCHR specifically explains that to preserve federal rights through dual filing, an employee must file the original charge within 300 days of the discriminatory act.

What Happens After You File?

After a discrimination complaint is filed, the agency notifies the employer and begins the administrative process. Depending on the circumstances, the agency may request documents, interview witnesses, investigate the allegations, or offer mediation.

The EEOC may offer mediation as an alternative to a full investigation. If the case does not resolve through mediation, the EEOC may investigate the charge. If the agency finds sufficient evidence, it may attempt to resolve the dispute through conciliation. Conciliation is an effort to reach a voluntary resolution between the employee and employer without litigation by the agency.

Conciliation does not mean that an employee has lost the case. It is a settlement process designed to resolve the alleged discrimination. If conciliation fails, the EEOC may decide to bring a lawsuit against the employer. If the EEOC does not pursue litigation, the agency sends a Notice of Right to Sue to the employee, releasing the worker to file a lawsuit if desired.

The FCHR similarly uses informal methods, including conference, conciliation, and persuasion, to attempt to eliminate or correct alleged discrimination.

What Is a Right-to-Sue Letter?

For many federal discrimination claims, an employee cannot proceed with a lawsuit until the administrative process has reached the appropriate stage and the employee receives a Notice of Right to Sue. For claims under Title VII, the ADA, and GINA, an employee must file the lawsuit within 90 days after receiving the EEOC’s Notice of Right to Sue. That is an extremely important deadline. Missing it can result in losing the right to pursue the federal claim in court.

An employee may also be able to request a Notice of Right to Sue before the EEOC completes its investigation. For Title VII, ADA, and GINA claims, the EEOC generally permits an employee to request the notice after 180 days have passed since the charge was filed.

ADEA Claims Have Different Right-to-Sue Rules

Age discrimination claims under the ADEA are subject to a different procedure. An employee alleging age discrimination must first file a charge with the EEOC, but the employee does not have to wait for a Notice of Right to Sue before filing an ADEA lawsuit. Instead, after 60 days have passed from the filing of the EEOC charge, the employee may file an ADEA lawsuit in court. The EEOC explains that an ADEA plaintiff may proceed without waiting for a right-to-sue notice, although the lawsuit generally must be filed no later than 90 days after the employee receives notice that the EEOC has concluded its processing of the charge. That makes the ADEA different from Title VII, the ADA, and GINA. Employees should not assume that the same administrative timeline applies to every discrimination claim.

When Can You Go Directly to Court?

The Equal Pay Act (EPA) provides another important exception. Unlike most federal employment discrimination statutes enforced by the EEOC, the Equal Pay Act does not require an employee to file an EEOC charge before filing a lawsuit. An employee alleging sex-based wage discrimination under the EPA may proceed directly to court, without first obtaining a Notice of Right to Sue. Important deadlines still exist, however. An Equal Pay Act lawsuit must be filed within two years of the alleged discriminatory paycheck, or within three years if the violation was willful.

An employee with an EPA claim may also have a separate Title VII sex-discrimination claim based on unequal pay. That claim follows the Title VII administrative process, meaning an EEOC charge and, generally, a Notice of Right to Sue are required before filing the Title VII lawsuit.

What About Filing Under Florida Law?

The Florida Civil Rights Act has its own administrative process through the FCHR. Under Florida Statutes section 760.11, an employee must file a discrimination complaint within 365 days. After the FCHR’s process reaches the appropriate stage, the employee may have the right to bring a civil action. Florida law also imposes its own deadline for filing that lawsuit following the agency’s notice. Because the FCRA and federal statutes have different procedures and deadlines, an employee should consider both sets of potential claims before deciding where and how to file.

Do You Need a Lawyer to File a Discrimination Complaint?

You are not required to have an attorney to file with the EEOC or FCHR. However, employment discrimination cases can involve overlapping federal and state laws, multiple filing deadlines, and different administrative prerequisites. An attorney can help determine which laws may apply, identify the appropriate agency, preserve federal and state claims through dual filing, prepare the allegations, and monitor the deadlines that apply after an agency issues a right-to-sue or other notice.

The process can also become more complicated if the employer responds by terminating, demoting, or otherwise retaliating against the employee after learning about the complaint. Retaliation for opposing unlawful discrimination or participating in an investigation can itself violate federal and Florida law.

James P. Tarquin, P.A. Can Help

Filing an employment discrimination complaint is more than simply submitting a form. The agency you choose, the date you file, the allegations you include, and the steps you take after filing can all affect your ability to pursue a claim in court. If you believe you have been discriminated against at work, James P. Tarquin, P.A. represents employees throughout Central Florida in employment discrimination, retaliation, wrongful termination, and other workplace disputes. Contact James P. Tarquin, P.A. to discuss your circumstances and learn what steps may be available to protect your rights.