In situations where an employee has alleged that they have been the victim of job discrimination, they must often file a charge with an administrative agency prior to filing a complaint in State or Federal Court. The purpose of filing the charge with the agency is to allow the agency to review the allegations and possibly conduct an investigation into the allegations prior to the initiation of a court action.
The Equal Opportunity Commission or EEOC is the major federal agency concerned with the elimination of job discrimination based on race, color, religion, sex, national origin, disability and age. The EEOC is responsible for the administration and enforcement of Title VII, the Americans with Disabilities Act, the Equal Pay Act and the Age Discrimination in Employment Act.
The Florida Commission on Human Relations or FCHR is the State of Florida agency concerned with the elimination of job discrimination based on race, color, religion, sex, national origin, age, handicap or marital status. The FCHR is responsible for the administration and enforcement of the Florida Civil Rights Act of 1992.
The EEOC and FCHR have different procedures and time periods which need to be complied with. If the filing time periods are not met, they act as a form of statute of limitations and, in many cases, you are disallowed from filing a cause of action in the State or Federal Court system.
It will be extremely helpful for you to discuss this issue with an attorney to ensure you have an understanding of the procedures used by these Administrative Agencies.
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