Employment Discrimination Complaints
This short pre-screening questionnaire will help us determine if your issue falls under the FCHR’s jurisdiction. Please click the button below and answer the following questions to the best of your ability.
Employment discrimination in Florida is primarily governed by the Florida Civil Rights Act of 1992 (FCRA), which is codified in Florida Statutes Chapter 760. Prohibited Practices (Section 760.10)
Under the Florida Civil Rights Act (Chapter 760, Florida Statutes), the Florida Commission on Human Relations (FCHR) enforces employment discrimination protections based only on the categories listed in state law.
The statute prohibits employment discrimination based on:
Race
Color
Religion
Sex- does not include- sexual Orientation, transgender status and gender identity
Pregnancy- does not include- Pregnant Workers Fairness Act (PWFA)
National Origin
Age
Handicap (Disability)
Marital Status
Pregnancy – Pregnant Workers Fairness Act (PWFA)-Employment Jurisdiction
Under the Florida Civil Rights Act (Chapter 760, Florida Statutes), FCHR investigates employment discrimination based on pregnancy as a form of sex discrimination.
This means FCHR may investigate allegations such as:
Termination due to pregnancy
Demotion or adverse action because of pregnancy
Harassment based on pregnancy
Unequal treatment compared to other employees
The Pregnant Workers Fairness Act (PWFA) is a federal law that requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
FCHR does not enforce the federal PWFA. Allegations specifically involving a failure to provide pregnancy-related reasonable accommodation under the PWFA are handled at the federal level (EEOC).
Retaliation- Employment Jurisdiction
You can only allege unlawful retaliation if you have engaged in a protected activity, as defined below. If you believe you were subjected to retaliation, describe what employment actions you were subjected to because of retaliation.
Protected activity is defined as having filed a complaint of unlawful employment discrimination and / or having opposed unlawful employment discrimination OR having testified, assisted, or participated in any manner in any investigation, proceeding, or hearing concerning unlawful employment discrimination. Any complaint, involvement in any proceeding or opposition to unlawful employment discrimination must always include one or more of the following unlawful bases: race, sex (including sexual harassment), color, national origin, religion, disability, or age. Any request for reasonable accommodation due to a disability and / or due to one's religion is also considered as having participated in protected activity.
Alternative Recourse: If a complaint falls outside of FCHR’s state-law jurisdiction, federal law may provide additional protection. Individuals may contact the U.S. Equal Employment Opportunity Commission (EEOC) for information regarding potential federal remedies.
This information is provided for general guidance only and does not constitute legal advice.
Florida Civil Rights Act (FCRA) Framework
| Category | Statutory Provision | Key Requirements & Scope |
|---|---|---|
| Protected Classes | Section 760.10 | Race, Color, Religion, Sex, Pregnancy, National Origin, Age, Handicap, and Marital Status. |
| Employer Scope | Jurisdictional Rule | Applies to employers with 15 or more employees. |
| Prohibited Acts | Section 760.10 | Firing, refusing to hire, or discriminating against compensation/terms of employment. |
| Mandatory Step | Section 760.11 | You must file with the FCHR before you can go to court (Exhaustion of Remedies). |
Florida Commission on Human Relations Critical Deadlines & Statute of Limitations
| Action | Deadline |
|---|---|
| Filing with FCHR | Within 365 days of the alleged violation. |
| Lawsuit Finding) | (Cause Finding- Within 1 year of receiving a "reasonable cause" determination. |
| Lawsuit No determination) | Within 1 year from the date the FCHR notifies you of its failure to issue a determination within 180 days. |
Important Note: If the FCHR issues a "no cause" determination, you cannot file a civil lawsuit under state law; your only remaining option is to request an administrative hearing within 35 days.
While a "no cause" finding from the FCHR effectively blocks you from filing a state-level lawsuit under the Florida Civil Rights Act (FCRA), it does not automatically bar your federal rights. To preserve federal rights through dual filing, you generally must have filed your original charge within 300 days of the discriminatory act. The EEOC is not bound by the FCHR's "no cause" finding. You can request a "Substantial Weight Review" from the EEOC or simply wait for them to issue their own Notice of Right to Sue.
Helpful Resources
If a complaint does not fall under the jurisdiction of the Florida Commission on Human Relations (FCHR), several other state, federal, and local resources are available to the public depending on the nature of the issue.
Federal Agencies
Equal Employment Opportunity Commission (EEOC): Enforces federal laws against employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. Use the EEOC Public Portal to determine if your claim qualifies for a federal charge.
U.S. Department of Labor (DOL): Investigates wage and hour violations, such as unpaid overtime or minimum wage issues, through the Wage & Hour Division.
U.S. Department of Housing and Urban Development (HUD): Handles housing-related discrimination complaints that may fall outside state-level FCHR jurisdiction.
U.S. Department of Justice (DOJ): The Civil Rights Division handles broader civil rights violations, including those involving law enforcement or federal programs.
State and Local Resources
Local Fair Employment Practice Agencies (FEPAs): Many Florida counties and cities have their own human rights or equal opportunity offices that enforce local ordinances:
Miami-Dade County Equal Opportunity Board
Jacksonville Human Rights Commission
Palm Beach County Office of Equal Opportunity
Pinellas County Office of Human Rights
City of Orlando Office of Human Relations
City of Tampa Office of Human Rights
Public Employees Relations Commission (PERC): Specifically handles whistleblower retaliation complaints for certain public sector employees.
Florida Department of Commerce: The Office for Civil Rights manages complaints related to programs administered by the Department, such as those under the Workforce Innovation Act.
Legal and Administrative Options
Division of Administrative Hearings (DOAH): If a complaint was filed but the FCHR issued a "no cause" determination, individuals may request a formal administrative hearing.
Private Legal Action: Individuals may pursue civil litigation in an appropriate circuit court for claims like breach of contract or wrongful termination not covered by administrative statutes.
Florida Bar Referral: For finding a private employment lawyer, the Florida Bar Lawyer Referral Service can connect individuals with legal counsel.
⚠️Note: If you have filed a Federal EEOC Complaint, do not proceed with completing an FCHR Employment Discrimination Complaint. In Florida, the FCHR and the EEOC have a "Work-sharing Agreement" that streamlines the process to prevent duplicate efforts. The Commission may refer your complaint to the EEOC for investigation, as applicable.
If you have any questions regarding the filing of an Employment Discrimination Complaint, please contact:
Florida Commission on Human Relations
📞 (850) 488-7082