If you live in Florida and believe your employer has discriminated against you on the basis of your race, color, religion, sex, national origin, age, disability, or marital status, you can contact either the U.S. or Florida.For help, the Equal Employment Opportunity Commission or the Florida Commission on Human Relations.Since the EEOC and the FCHR have a work-sharing agreement, charges are automatically filed with the other if appropriate.
Step 1: Determine if you have been discriminated against 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.When assigning shifts, an employer may not assign employees based on race.Employees over the age of 40 are subject to age discrimination.If an employer has to lay off a number of workers, they can't choose the oldest workers first because they're too old, and if they want to call back the older workers last, he's not allowed to.Employers are required to provide reasonable accommodations to disabled applicants.It is possible to provide a ramp for wheelchair access.
Step 2: If your employer is covered by federal law, you must find out.
The federal laws require employers to have a certain number of employees.The number of employees is dependent on the type of employer and the kind of discrimination alleged.If a business or private employer has at least 15 employees who work 20 weeks or more in a year, it is covered by the federal anti- discrimination laws.If your complaint involves age discrimination, the business must have at least 20 employees.Most private employers are covered by the Equal Pay Act.State or local governments are covered by the laws if they have at least 15 employees who have worked 20 or more weeks in a year.No matter how many employees they have, they are covered by the age discrimination and equal pay laws.
Step 3: You can find out if you are protected.
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.Independent contractors are not covered by the federal anti- discrimination laws because they don't meet the definition of an employee.
Step 4: You have to file your federal charge by the deadline.
If you suspect discrimination after the event, you should contact the EEOC as soon as possible.Most of the time you have 300 days to file your charge.
Step 5: If you want to file charges directly with the FCHR, you should.
You can file a lawsuit in federal court using both federal and state law if you preserve both.If your workplace has between 15 and 20 employees, you can only have a claim under state law.You should speak with an employment attorney who specializes in employment discrimination if you have any questions about how filing your initial complaint could affect your ability to file a lawsuit later.
Step 6: Determine if your experience qualifies as discrimination under Florida law.
The Florida Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.Employers can't post a "help wanted" ad that indicates a preference for a certain race or gender.Employers can't preference employees for promotions or benefits over others on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
Step 7: You are protected under Florida law if you confirm that.
If the employer has the required number of employees, you are protected under Florida law if you have previously worked for that employer or applied to work for it.
Step 8: Your employer is covered by the law in Florida.
If there are at least 15 employees working each day for 20 or more weeks, they are covered by the Florida Civil Rights Act.
Step 9: If you want to file your state charge, you should review your deadline.
If you want to file a state charge of discrimination in violation of the Florida Civil Rights Act, you have to do it within a year.
Step 10: The Technical Assistance Questionnaire is needed for employment complaints.
The state's intake questionnaire can be found on the FCHR website, or you can request it be mailed to you.
Step 11: You can either mail or fax it to the FCHR.
You can file your state discrimination charge by mail or fax to the FCHR office at 4075 Esplanade Way.
Step 12: Call the FCHR if you have a question or need a status update.
If you want more information about the state complaint process, you can call toll-free.
Step 13: The FCHR is investigating.
If the FCHR decides to further investigate your charge, you may be contacted for additional information such as names of managers or other employees who witnessed the discrimination.
Step 14: Do you want to file your federal charge?
If your employer has 20 or more employees, you may want to file with the EEOC first to make sure you preserve your federal claim.
Step 15: The time limits for federal charges should be looked at.
You have to file your charge within 300 days of the event.If you're close to the deadline to file your charge, it's a good idea to schedule a phone interview or visit the office ahead of time.
Step 16: The online assessment tool of the EEOC can be used.
If your experience is covered by the federal laws the EEOC enforces, you can use the online assessment tool.
Step 17: Take the initial Intake Questionnaire.
Along with contact information for you and the employer against whom you want to file your charge, there is a brief description of the experiences you had and why you believe they were discrimination.
Step 18: Figure out the location of your field office.
To find out which location is closest to you, you can check the field office list and map on the EEOC website.The state of Florida is covered by two EEOC districts.The nearest EEOC office is in Mobile, Alabama, if you live in the Florida Panhandle.The main district office in Miami is the one you can choose in the rest of Florida.
Step 19: Mail, fax, or personally deliver your questionnaire to your field office.
Clicking on the name of the closest EEOC office will give you office information including a mailing address and fax number.You can go into the office to talk to someone about your charge if you prefer.
Step 20: You can talk to the staff member about the charge.
You don't have to make an appointment if you want to file your charge in person.You can cut down on waiting time by scheduling an appointment.If you can't travel to the field offices to meet in person, staff will conduct a telephone interview for you.Intake interviews last between one and two hours.
Step 21: Inform the EEOC about the investigation.
If the EEOC decides to investigate your charge, you may be interviewed again or asked for more information.