How to File an EEOC Complaint in Florida
Determine whether your experience constitutes unlawful discrimination under federal law., Find out if your employer is covered by federal law., Find out if you are protected by federal law., Mark your deadline to file your federal charge., Decide...
Step-by-Step Guide
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Step 1: Determine whether your experience constitutes unlawful discrimination under federal law.
The laws enforced by the EEOC prohibit discrimination in every aspect of employment, including job advertisements, recruitment, hiring, promotions, pay and benefits, or discipline and discharge.For example, when assigning shifts, an employer may not segregate employees on the basis of race.
Age discrimination applies to employees 40 and over.
For example, if an employer has to layoff a number of workers, he cannot choose the oldest workers first because of their age, and when deciding which employees to call back, he can't call back the oldest workers last because of their age.
Employers must provide reasonable accommodations to disabled applicants or employees who require it.
Reasonable accommodations might include providing a ramp for wheelchair access. -
Step 2: Find out if your employer is covered by federal law.
Employers must have a certain number of employees to be come under the federal laws.
The number of employees required depends on the type of employer and the kind of discrimination alleged.A business or private employer is covered by the federal anti-discrimination laws involving discrimination on the basis of race, color, religion, sex and pregnancy, national origin, disability, or genetic information if it has at least 15 employees who worked at least 20 calendar weeks this year or last year.
If your complaint involves age discrimination, the business must have 20 or more employees.
In contrast, nearly all private employers are covered by the Equal Pay Act.State or local governments are covered by the laws enforced by the EEOC if they have at least 15 employees who worked at least 20 calendar weeks this year or last year.
They are covered under the age discrimination and equal pay laws no matter how many employees they have., If the employer you believe discriminated against you has the required number of employees to fall under the federal anti-discrimination laws, you are protected by those laws if you are an employee, a former employee, a job applicant, or a participant in a training or apprenticeship program.Some people who work but don't meet the definition of an employee, such as independent contractors, are not covered by the federal anti-discrimination laws., Because there are strict deadlines, if you suspect discrimination you should contact the EEOC as quickly as possible after the event takes place.In most cases you have 300 days to file your charge from the date the discriminatory event occurred., Because Florida state law doesn't limit the amount of damages you can receive, you may wish to preserve both so you can file a lawsuit in federal court using both federal and state law.The Florida statute covers employers for age discrimination that are not covered by federal law, so if your workplace has between 15 and 20 employees, you may only have a claim under state law.If you have any questions about how filing your initial complaint could impact your ability to file a lawsuit later, you should speak with an employment attorney who specializes in employment discrimination. , The Florida Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.For example, employers cannot post a "help wanted" ad that indicates a preference for job candidates of a certain race or gender.Employers also are prohibited from preferring employees for promotions or benefits over others on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status, or for depriving others of benefits or work for those reasons., Provided the employer has the required number of employees, you are protected under Florida law if you work for that employer, used to work for that employer, or applied to work for that employer Just as under federal law, Florida state anti-discrimination law does not apply to independent contractors., Employers are covered under the Florida Civil Rights Act if they have 15 or more employees working each day for 20 or more calendar weeks., If you want to file a state charge of discrimination in violation of the Florida Civil Rights Act, you must do so within 365 days of the alleged act of discrimination., The state's intake questionnaire is available on the FCHR website, or you can contact the FCHR office and request one be mailed to you., To file your state discrimination charge, mail your completed TAQ to the FCHR office at 4075 Esplanade Way, Room 110, Tallahassee, Florida, 32399, or fax it to (850) 487-1007., If you have any concerns about a filed TAQ, or want more information about the state complaint process, you can call (850) 488-7082 for English, (850) 907-6831 for Spanish, or toll-free at 1-800-342-8170., If the FCHR decides to further investigate your charge, you may be contacted for additional information such as names of managers or of other employees who witnessed the discrimination. , Even though you may have claims under both state and federal law, if your employer has 20 or more employees, you may want to file directly with the EEOC first to make sure you preserve your federal claim., Generally you must file your charge within 300 days of when the discriminatory event happened.If you are coming close to the deadline to file your charge, contact the office ahead of time to determine the best time to visit the office or to schedule a phone interview., The online assessment tool evaluates whether your experience is one covered by the federal laws the EEOC enforces., The intake questionnaire includes contact information for you and for the employer against whom you want to file your charge, along with a brief description of the experiences you had and why you believe they were discriminatory., You can check the field office list and map on the EEOC website to decide which location is closest to you.
The state of Florida is covered by two EEOC districts: the Miami district and the Birmingham, Alabama district.
If you live in the Florida panhandle, you may fall within the jurisdiction of the Birmingham district, and the local office in Mobile, Alabama would be your closest EEOC office.
In the rest of Florida, you have a choice between the main district office in Miami or the Tampa field office., You can click on the name of the closest EEOC office on the EEOC's office list page to get office information including a mailing address and fax number.
If you prefer, you also can go into the office to talk to someone in person about your charge., If you want to file your charge in person, you don't need to make an appointment.
However, you may want to schedule an appointment to cut down on waiting time.
Staff also will conduct a telephone interview if you live far away from any of the field offices and cannot travel there to meet in person.You should expect an intake interview to last between one and two hours., If the EEOC decides to investigate your charge, you may be interviewed again, or asked for further information such as names of witnesses. -
Step 3: Find out if you are protected by federal law.
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Step 4: Mark your deadline to file your federal charge.
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Step 5: Decide whether to file charges directly with the FCHR
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Step 6: the EEOC
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Step 7: or both.
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Step 8: Determine whether your experience constitutes unlawful discrimination under Florida law.
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Step 9: Confirm you are protected under Florida law.
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Step 10: Confirm your employer is covered by Florida law.
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Step 11: Review your deadline for filing your state charge.
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Step 12: Download and complete the Technical Assistance Questionnaire for Employment Complaints (TAQ).
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Step 13: Mail or fax your TAQ to the FCHR.
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Step 14: Call the FCHR with any questions or to request a status update.
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Step 15: Cooperate with the FCHR investigation.
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Step 16: Choose to file your federal charge directly.
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Step 17: Review the time limits for filing a federal charge.
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Step 18: Use the EEOC's online assessment tool.
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Step 19: Fill out the initial Intake Questionnaire.
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Step 20: Figure out the location your local field office.
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Step 21: or personally deliver your questionnaire to your local field office.
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Step 22: Talk to an EEOC staff member about your charge.
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Step 23: Cooperate with the EEOC investigation.
Detailed Guide
The laws enforced by the EEOC prohibit discrimination in every aspect of employment, including job advertisements, recruitment, hiring, promotions, pay and benefits, or discipline and discharge.For example, when assigning shifts, an employer may not segregate employees on the basis of race.
Age discrimination applies to employees 40 and over.
For example, if an employer has to layoff a number of workers, he cannot choose the oldest workers first because of their age, and when deciding which employees to call back, he can't call back the oldest workers last because of their age.
Employers must provide reasonable accommodations to disabled applicants or employees who require it.
Reasonable accommodations might include providing a ramp for wheelchair access.
Employers must have a certain number of employees to be come under the federal laws.
The number of employees required depends on the type of employer and the kind of discrimination alleged.A business or private employer is covered by the federal anti-discrimination laws involving discrimination on the basis of race, color, religion, sex and pregnancy, national origin, disability, or genetic information if it has at least 15 employees who worked at least 20 calendar weeks this year or last year.
If your complaint involves age discrimination, the business must have 20 or more employees.
In contrast, nearly all private employers are covered by the Equal Pay Act.State or local governments are covered by the laws enforced by the EEOC if they have at least 15 employees who worked at least 20 calendar weeks this year or last year.
They are covered under the age discrimination and equal pay laws no matter how many employees they have., If the employer you believe discriminated against you has the required number of employees to fall under the federal anti-discrimination laws, you are protected by those laws if you are an employee, a former employee, a job applicant, or a participant in a training or apprenticeship program.Some people who work but don't meet the definition of an employee, such as independent contractors, are not covered by the federal anti-discrimination laws., Because there are strict deadlines, if you suspect discrimination you should contact the EEOC as quickly as possible after the event takes place.In most cases you have 300 days to file your charge from the date the discriminatory event occurred., Because Florida state law doesn't limit the amount of damages you can receive, you may wish to preserve both so you can file a lawsuit in federal court using both federal and state law.The Florida statute covers employers for age discrimination that are not covered by federal law, so if your workplace has between 15 and 20 employees, you may only have a claim under state law.If you have any questions about how filing your initial complaint could impact your ability to file a lawsuit later, you should speak with an employment attorney who specializes in employment discrimination. , The Florida Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.For example, employers cannot post a "help wanted" ad that indicates a preference for job candidates of a certain race or gender.Employers also are prohibited from preferring employees for promotions or benefits over others on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status, or for depriving others of benefits or work for those reasons., Provided the employer has the required number of employees, you are protected under Florida law if you work for that employer, used to work for that employer, or applied to work for that employer Just as under federal law, Florida state anti-discrimination law does not apply to independent contractors., Employers are covered under the Florida Civil Rights Act if they have 15 or more employees working each day for 20 or more calendar weeks., If you want to file a state charge of discrimination in violation of the Florida Civil Rights Act, you must do so within 365 days of the alleged act of discrimination., The state's intake questionnaire is available on the FCHR website, or you can contact the FCHR office and request one be mailed to you., To file your state discrimination charge, mail your completed TAQ to the FCHR office at 4075 Esplanade Way, Room 110, Tallahassee, Florida, 32399, or fax it to (850) 487-1007., If you have any concerns about a filed TAQ, or want more information about the state complaint process, you can call (850) 488-7082 for English, (850) 907-6831 for Spanish, or toll-free at 1-800-342-8170., If the FCHR decides to further investigate your charge, you may be contacted for additional information such as names of managers or of other employees who witnessed the discrimination. , Even though you may have claims under both state and federal law, if your employer has 20 or more employees, you may want to file directly with the EEOC first to make sure you preserve your federal claim., Generally you must file your charge within 300 days of when the discriminatory event happened.If you are coming close to the deadline to file your charge, contact the office ahead of time to determine the best time to visit the office or to schedule a phone interview., The online assessment tool evaluates whether your experience is one covered by the federal laws the EEOC enforces., The intake questionnaire includes contact information for you and for the employer against whom you want to file your charge, along with a brief description of the experiences you had and why you believe they were discriminatory., You can check the field office list and map on the EEOC website to decide which location is closest to you.
The state of Florida is covered by two EEOC districts: the Miami district and the Birmingham, Alabama district.
If you live in the Florida panhandle, you may fall within the jurisdiction of the Birmingham district, and the local office in Mobile, Alabama would be your closest EEOC office.
In the rest of Florida, you have a choice between the main district office in Miami or the Tampa field office., You can click on the name of the closest EEOC office on the EEOC's office list page to get office information including a mailing address and fax number.
If you prefer, you also can go into the office to talk to someone in person about your charge., If you want to file your charge in person, you don't need to make an appointment.
However, you may want to schedule an appointment to cut down on waiting time.
Staff also will conduct a telephone interview if you live far away from any of the field offices and cannot travel there to meet in person.You should expect an intake interview to last between one and two hours., If the EEOC decides to investigate your charge, you may be interviewed again, or asked for further information such as names of witnesses.
About the Author
Jeffrey White
A passionate writer with expertise in organization topics. Loves sharing practical knowledge.
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