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What are the required steps an employee in Florida needs to follow before filing a lawsuit for discrimination against their employer?

Picture of Chris Battis By   ·  1 minute read

As an employee in Florida, before filing a lawsuit for discrimination against your employer, you need to follow certain steps.

  1. File a Charge of Discrimination: The first step is to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). The charge should include a description of the discrimination you faced, the dates of the incident, and the names of the individuals involved. The charge must be filed within 300 days of the alleged discriminatory act.
  2. Wait for Investigation: After filing the charge, the EEOC or FCHR will investigate the matter to determine if there is any merit to your claim. During this investigation, you may be required to provide evidence and attend interviews.
  3. Receive Right-to-Sue Letter: If the investigation finds merit in your claim, you will receive a right-to-sue letter from the EEOC or FCHR. This letter permits you to file a lawsuit against your employer for discrimination in a court of law.
  4. Hire an Attorney: Before filing a lawsuit, it is recommended that you hire an experienced attorney who specializes in employment law. An attorney can evaluate your case, provide guidance on how to proceed, and represent you in court.

It is important to note that there are certain limitations and exceptions to filing a lawsuit for discrimination. For example, some employers may be exempt from discrimination laws, and there may be time limitations on when you can file a claim. In addition, retaliation against an employee for filing a charge of discrimination is illegal, and can result in separate legal action.

If you believe you have been a victim of discrimination in the workplace, it is important to take action and follow the proper steps. Seeking the advice of an attorney can help ensure that your rights are protected, and that you receive fair treatment under the law.