Florida Civil Rights Act (FCRA) and Discrimination in the Workplace

In Florida, the laws regarding discrimination in the workplace are governed by the Florida Civil Rights Act (FCRA), Chapter 760 of the Florida Statutes. The FCRA prohibits discrimination on the basis of:

• Race
• Color
• Religion
• Sex
• National origin
• Age
• Handicap
• Marital status

The FCRA prohibits discrimination in any aspect of employment, including:

• Hiring
• Firing
• Promotions
• Pay

Filing a Complaint

If you feel that you have been a victim of discrimination in the workplace, the first step is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). The EEOC and FCHR are government agencies that investigate complaints of discrimination in the workplace. You must file a complaint with one of these agencies within 365 days of the incident.

Once you file a complaint, the agency will investigate your claim and determine whether there is probable cause to believe that discrimination occurred. If there is probable cause, the agency will attempt to conciliate the matter through settlement negotiations. If a settlement cannot be reached, the agency may file a lawsuit on your behalf.

Private Lawsuit

You may also file a private lawsuit against your employer under the FCRA. However, you must first obtain a right-to-sue letter from the EEOC or FCHR. This letter gives you permission to file a lawsuit in court. You must file the lawsuit within 90 days of receiving the right-to-sue letter.

Remedies

If you are successful in your discrimination lawsuit, you may be entitled to various remedies, including:

• Back pay
• Reinstatement
• Compensatory damages
• Punitive damages

However, there are some limitations to recoverable damages, depending on the size of the employer and the type of discrimination.

Retaliation

It is important to note that retaliation for filing a discrimination complaint is illegal under the FCRA. If you experience retaliation, you may file a separate complaint with the EEOC or FCHR.

If you feel that you have been a victim of discrimination in the workplace, it is important to consult with a licensed attorney who can advise you on the best course of action.