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What should an employer in Florida do if an employee files a discrimination complaint against them?

Picture of Chris Battis By   ·  1 minute read

If an employee files a discrimination complaint against their employer in Florida, the employer should take the following steps:

  1. Investigate the Complaint: The employer should thoroughly investigate the allegations made by the employee. This includes interviewing witnesses and gathering any relevant evidence. It is important for the employer to remain neutral and not retaliate against the employee for making the complaint.
  2. Respond to the Complaint: The employer should respond to the complaint within ten days after receiving the notice of the complaint by filing a written response with the Florida Commission on Human Relations (FCHR) and providing a copy of the response to the employee. The response should include a description of any actions the employer has taken or plans to take in response to the complaint.
  3. Act Promptly: The employer should act promptly to resolve the complaint. If the investigation reveals that discrimination has occurred, the employer should take corrective action to address the issue. If necessary, the employer should discipline any employee responsible for discriminatory behavior.
  4. Document the Investigation: The employer should document the investigation and any actions taken in response to the complaint. This documentation can be important if the complaint is later challenged in court.
  5. Retaliation: The employer should ensure that the employee is not retaliated against for making the complaint. Retaliation is illegal and can result in additional legal problems for the employer.
  6. Compliance with EEOC and FCHR: The employer should ensure that they are in compliance with all state and federal anti-discrimination laws enforced by FCHR and Equal Employment Opportunity Commission (EEOC). Failure to comply with these laws can result in significant fines and legal fees.

It is important to note that the above advice is not a substitute for legal advice from a licensed attorney. If an employer is unsure of how to respond to a discrimination complaint, they should seek legal advice before taking any action.