The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency in authority to receive, investigate, and file lawsuits in cases arising from employment discrimination. The Florida Commission on Human Relations (FCHR) is the office that handles these disputes on the state level. If you have had an EEOC filed against you, contact one of our Florida construction lawyers immediately to successfully navigate the complaint process. So that you will be better prepared, we are providing you with an overview of the complaint process. Visit Part 2 to learn more.
Types of Discrimination
According to federal law, the discrimination against employees and job applicants on things such as race, sex, religion, age, national origin, or disabilities is strictly prohibited. It is also illegal to retaliate against a person who files a complaint.
Charge of Discrimination
When employees feel they have been discriminated against, they can file a Charge of Discrimination. Persons may file a charge of discrimination with either or both the federal EEOC office or with the local state FCHR office. The charge must be filed within 300 days of the discrimination for the EEOC office and within a year for the FCHR office. Charges can be filed online, by phone, by mail, or in person.
For federal employees or applicants, complaints may be filed by first contacting an EEOC counselor who will then provide instructions for filing the complaint. The complaint will either be dismissed or an investigation will occur. Upon investigation, a hearing will occur or the agency will make a decision. If the decision is not agreed upon, there will be an opportunity for an appeal. If the outcome is still undesirable after the appeal, a reconsideration of the decision can be requested and the resulting decision will be final.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.