Employment Law
EEOC/FCHR
EEOC & FCHR Representation
If you’ve experienced workplace discrimination, harassment, or retaliation—or if your business has been accused of it—your case will likely begin with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
We represent both employees and employers through every stage of the EEOC and FCHR process: from filing and responding to charges, to participating in mediation, investigations, and litigation.
What Are the EEOC and FCHR?
These agencies are responsible for enforcing anti-discrimination laws in the workplace:
- The EEOC handles federal employment law claims, such as violations of Title VII, the ADA, the ADEA, and more.
- The FCHR enforces the Florida Civil Rights Act (FCRA), which mirrors many of the same protections at the state level.
Florida employees may choose to file with either agency—or with one that has a work-sharing agreement, which allows the case to be processed under both federal and state law.
For Employees: Filing a Charge of Discrimination
Before you can file a lawsuit for workplace discrimination, harassment, or retaliation, you must first file a Charge of Discrimination with the EEOC or FCHR.
We help you:
- Determine the best agency and legal basis for your claim
- Draft and submit your charge properly
- Respond to employer statements or requests for information
- Participate in mediation or conciliation
- Request a Right to Sue Letter and file your lawsuit if needed
Timing is crucial—most charges must be filed within 300 days of the incident. We make sure your claim is filed on time and supported by evidence.
For Employers: Responding to a Charge
Receiving an EEOC or FCHR charge can be stressful—but how you respond can make or break your case. We assist employers with:
- Evaluating the claim and assessing risk early
- Drafting a persuasive position statement with supporting documentation
- Responding to information requests (RFIs)
- Participating in agency mediation or conciliation
- Managing communications with the agency
- Protecting against retaliation claims
- Preparing for potential litigation if the claim escalates
We help you respond professionally, reduce exposure, and demonstrate compliance with the law.
Key Steps in the Process
- Filing the Charge – The employee (or their attorney) files a formal complaint.
- Employer Notified – The employer receives a copy and has a chance to respond.
- Mediation (Optional) – Offered early in the process to resolve the dispute informally.
- Investigation – The agency may interview witnesses, request documents, or visit the workplace.
- Findings Issued – The agency may issue a determination or dismiss the charge.
- Right to Sue Letter – If no resolution is reached, the employee receives the right to pursue a lawsuit.
Federal vs. Florida Law
- EEOC (Federal): Covers employers with 15+ employees (20+ for age discrimination).
- FCHR (State): Covers employers with 15+ employees, but allows filing under Florida law, which may offer different remedies and state court access.
We help you choose the best legal path and maximize protection under both systems.
Facing an EEOC or FCHR issue?
We’re here to help you take action—whether you’re seeking justice or protecting your business. Contact us today to schedule a consultation.
FAQ
How long does the EEOC or FCHR process take?
It varies. Some charges are resolved within a few months; others can take a year or more. Mediation often results in faster resolution.
What happens after a Right to Sue letter is issued?
You have 90 days to file a lawsuit in federal court. If the letter comes from the FCHR, different deadlines may apply for state court. We guide you through this critical next step.
Can an employee file with both EEOC and FCHR?
Yes, thanks to a work-sharing agreement. We help you coordinate filings to preserve your rights under both state and federal law.
What should employers include in a position statement?
Facts, documentation, clear policies, and consistency. We help you craft a strong, factual narrative to demonstrate non-discriminatory practices.