FCRA WAGE PROJECT
CHAPTER 12 | HOW DO I FILE A CLAIM?

12-0 | CHAPTER INTRO - HOW DO I FILE A CLAIM?

a. How do I file a state claim with the FCHR?

b. How do I contact the FCHR?

c. Against whom can I file a claim?

d. If I choose to file a claim, what is expected of me?

e. How long will the process take?

f. Do I need an attorney?

g. Do I have to contact the FCHR?

h. Can’t I sue my employer directly without going through the FCHR?

i. Who will investigate my complaint?

j. What do I do after my initial contact with the FCHR?

k. What happens after I submit my claim?

l. What happens if the investigators determine that no “reasonable” or “probable” cause exists on which to base a claim?

m. What happens if the investigator determines that “reasonable” or “probable” cause exists on which to base a claim?

n. Can I file a federal claim of employment discrimination as well? If so, how?

o. What are the advantages and disadvantages of filing a federal claim over a state claim?

12-A | HOW DO I FILE A STATE CLAIM WITH THE FCHR?

Any person who is working or seeking employment (with the exception of certain Federal employees), who feels he or she may have a discrimination claim, may file a claim with FCHR.⁸⁰

You may file a claim directly with FCHR and can do so in writing, by phone, or in person. You may also file a claim electronically by fax or through their website at http://fchr.state.fl.us/.⁸¹

Footnotes

⁸⁰ http://fchr.state.fl.us/complaint.htm (updated 1/24/2005).
⁸¹ Fla. Admin. Code Ann. 60Y-2.005(5) (West 2005)

12-B | HOW DO I CONTACT THE FCHR?

The FCHR (http://fchr.state.fl.us/) is located at 2009 Apalachee Parkway, Suite 100, Tallahassee, FL 32301-4857. The telephone number for the Clerk to the Commission is (850)488-7082. Their fax number for complaints is (850)488-5291, and their fax number for petitions and appeals is (850)487-4957.⁸²

Footnotes

⁸² Id.

12-C | AGAINST WHOM CAN I FILE A CLAIM?

You may file a claim against employer, employment agency, labor organization (such as a union), or joint labor-management committee under the FCRA.⁸³

Footnotes

⁸³ Fla. Stat. Ann. §760.11(1).

12-D | IF I CHOOSE TO FILE A CLAIM, WHAT IS EXPECTED OF ME?

You must file a complaint within 365 days of the alleged violation, naming the employer, employment agency, or labor organization responsible for the violation. The complaint must contain a brief, plain statement of the facts describing the violation and the relief requested.⁸⁴

Footnotes

⁸⁴ Id.

12-E | HOW LONG WILL THE PROCESS TAKE?

Within 180 days, the FCHR (http://fchr.state.fl.us/) will determine whether or not there is reasonable cause to believe that there has been an FCRA (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0760/ch0760.htm) violation and will notify you and your employer by registered mail.⁸⁵ A determination of reasonable cause simply means that the agency believes that a discriminatory practice forbidden by the FCRA has occurred.⁸⁶

Footnotes

⁸⁵ Fla. Stat. Ann. §760.11(3).
⁸⁶ Woodham, 829 So. 2d at 894.

12-F | DO I NEED AN ATTORNEY?

No, you do not need an attorney to simply file a complaint with the FCHR.⁸⁷

Footnotes

⁸⁷ http://fchr.state.fl.us/complaint.htm (updated 1/24/2005).

12-G | DO I HAVE TO CONTACT THE FCHR?

Yes.

In order to make a claim under the FCRA (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0760/ch0760.htm), you must file a complaint through the FCHR (http://fchr.state.fl.us/) or EEOC (http://www.eeoc.gov/).⁸⁸

Footnotes

⁸⁸ Fla. Stat. Ann. §760.11(1), see also Segura v. Hunter Douglas Fabrication Co., 184 F. Supp. 2d 1227. (M.D. Fla. 2002)

12-H | CAN’T I SUE MY EMPLOYER DIRECTLY WITHOUT GOING THROUGH THE FCHR?

No.

Florida requires that you exhaust all administrative remedies before filing suit, which means that you must first file a complaint thorough the FCHR (http://fchr.state.fl.us/) or EEOC (http://www.eeoc.gov/) before bringing suit against your employer.⁸⁹

Footnotes

⁸⁹ Thompson v. Orange Lake Country Club, Inc., 224 F. Supp. 2d 1368, 1375 (M.D. Fla. 2002)

12-I | WHO WILL INVESTIGATE MY COMPLAINT?

The FCHR (http://fchr.state.fl.us/) will investigate the allegations you make in your complaint.⁹⁰

Footnotes

⁹⁰ Fla. Stat. Ann. §760.11(3).

12-J | WHAT DO I DO AFTER MY INITIAL CONTACT WITH THE FCHR?

The commission will advise you of your rights and responsibilities as the claim is processed.⁹¹

Footnotes

⁹¹ http://fchr.state.fl.us/complaint.htm (updated 1/24/2005).

12-K | WHAT HAPPENS AFTER I SUBMIT MY CLAIM?

The commission will then send a copy of the complaint to your employer, who then has 25 days in which respond to the complaint.⁹²

Footnotes

⁹² Fla. Stat. Ann. §760.11(1), see also Fla. Admin. Code Ann. r. 60y-5.0011.

12-L | WHAT HAPPENS IF THE INVESTIGATORS DETERMINE THAT NO “REASONABLE” OR “PROBABLE” CAUSE EXISTS ON WHICH TO BASE A CLAIM?

If the FCHR (http://fchr.state.fl.us/) determines that there is no reasonable cause to believe a violation has occurred, the claim will be dismissed, but you may still request an administrative hearing before the FCHR within 35 days of the date of the determination.⁹³

If the FCHR fails to render a determination within 180 days, you may either file suit or request an administrative hearing.⁹⁴

Footnotes

⁹³ Fla. Stat. Ann. §760.11(7).
⁹⁴ Fla. Stat. Ann. §760.11(8), see also Woodham, 829 So. 2d at 899.

12-M | WHAT HAPPENS IF THE INVESTIGATOR DETERMINES THAT “REASONABLE” OR “PROBABLE” CAUSE EXISTS ON WHICH TO BASE A CLAIM?

If the FCHR (http://fchr.state.fl.us/) determines that there is reasonable cause, you may either file a civil suit against the party named in the complaint in court or request an administrative hearing before the FCHR.⁹⁵

If you choose to resolve the violation through an administrative hearing, you must request the hearing within 35 days of the date of the determination of reasonable cause.⁹⁶

Footnotes

⁹⁵ Fla. Stat. Ann. §760.11(4).
⁹⁶ Fla. Stat. Ann. §760.11(6).

12-N | CAN I FILE A FEDERAL CLAIM OF EMPLOYMENT DISCRIMINATION AS WELL? IF SO, HOW?

The FCHR (http://fchr.state.fl.us/) has a work-sharing agreement with the EEOC (http://www.eeoc.gov/).⁹⁷ Thus, a filing of a complaint with the FCHR operates as a dual filing with the EEOC.⁹⁸ Filing a complaint with the FCHR automatically initiates proceedings of both agencies.⁹⁹ Alternatively, you may file a complaint with the EEOC.¹⁰⁰

Footnotes

⁹⁷ See Segura, 184 F. Supp. 2d. at 1237 (decision includes full text of the worksharing agreement).
⁹⁸ Woodham, 829 So. 2d at 893.
⁹⁹ Segura, 184 F. Supp. 2d at 1237
¹⁰⁰ Fla. Stat. Ann. §760.11(1).

12-O | WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF FILING A FEDERAL CLAIM OVER A STATE CLAIM?

Federal law is somewhat broader inasmuch as it covers discrimination due to pregnancy and disparate impact cases.

See the Federal Law page for more.

Congratulations! You're now booked up on Chapter 12 the FCRA Wage Project!

You might need to reference it during your pursuit of justice.

For instance, you might need to use this handbook in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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	How-To: eFiling Access
	How-To: Fee Exemption
	How-To: File Suit (Federal)
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	Warning: FCHR Bribery
	Warning: FCHR Corruption
	Warning: FCHR Discrimination
	Warning: FCHR Obstruction

FCRA WAGE PROJECT
CHAPTER 12 | HOW DO I FILE A CLAIM?

12-0 | CHAPTER INTRO - HOW DO I FILE A CLAIM?

12-A | HOW DO I FILE A STATE CLAIM WITH THE FCHR?

Footnotes

12-B | HOW DO I CONTACT THE FCHR?

Footnotes

12-C | AGAINST WHOM CAN I FILE A CLAIM?

Footnotes

12-D | IF I CHOOSE TO FILE A CLAIM, WHAT IS EXPECTED OF ME?

Footnotes

12-E | HOW LONG WILL THE PROCESS TAKE?

Footnotes

12-F | DO I NEED AN ATTORNEY?

Footnotes

12-G | DO I HAVE TO CONTACT THE FCHR?

Footnotes

12-H | CAN’T I SUE MY EMPLOYER DIRECTLY WITHOUT GOING THROUGH THE FCHR?

Footnotes

12-I | WHO WILL INVESTIGATE MY COMPLAINT?

Footnotes

12-J | WHAT DO I DO AFTER MY INITIAL CONTACT WITH THE FCHR?

Footnotes

12-K | WHAT HAPPENS AFTER I SUBMIT MY CLAIM?

Footnotes

12-L | WHAT HAPPENS IF THE INVESTIGATORS DETERMINE THAT NO “REASONABLE” OR “PROBABLE” CAUSE EXISTS ON WHICH TO BASE A CLAIM?

Footnotes

12-M | WHAT HAPPENS IF THE INVESTIGATOR DETERMINES THAT “REASONABLE” OR “PROBABLE” CAUSE EXISTS ON WHICH TO BASE A CLAIM?

Footnotes

12-N | CAN I FILE A FEDERAL CLAIM OF EMPLOYMENT DISCRIMINATION AS WELL? IF SO, HOW?

Footnotes

12-O | WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF FILING A FEDERAL CLAIM OVER A STATE CLAIM?

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FCRA WAGE PROJECTCHAPTER 12 | HOW DO I FILE A CLAIM?

12-0 | CHAPTER INTRO - HOW DO I FILE A CLAIM?

12-A | HOW DO I FILE A STATE CLAIM WITH THE FCHR?

Footnotes

12-B | HOW DO I CONTACT THE FCHR?

Footnotes

12-C | AGAINST WHOM CAN I FILE A CLAIM?

Footnotes

12-D | IF I CHOOSE TO FILE A CLAIM, WHAT IS EXPECTED OF ME?

Footnotes

12-E | HOW LONG WILL THE PROCESS TAKE?

Footnotes

12-F | DO I NEED AN ATTORNEY?

Footnotes

12-G | DO I HAVE TO CONTACT THE FCHR?

Footnotes

12-H | CAN’T I SUE MY EMPLOYER DIRECTLY WITHOUT GOING THROUGH THE FCHR?

Footnotes

12-I | WHO WILL INVESTIGATE MY COMPLAINT?

Footnotes

12-J | WHAT DO I DO AFTER MY INITIAL CONTACT WITH THE FCHR?

Footnotes

12-K | WHAT HAPPENS AFTER I SUBMIT MY CLAIM?

Footnotes

12-L | WHAT HAPPENS IF THE INVESTIGATORS DETERMINE THAT NO “REASONABLE” OR “PROBABLE” CAUSE EXISTS ON WHICH TO BASE A CLAIM?

Footnotes

12-M | WHAT HAPPENS IF THE INVESTIGATOR DETERMINES THAT “REASONABLE” OR “PROBABLE” CAUSE EXISTS ON WHICH TO BASE A CLAIM?

Footnotes

12-N | CAN I FILE A FEDERAL CLAIM OF EMPLOYMENT DISCRIMINATION AS WELL? IF SO, HOW?

Footnotes

12-O | WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF FILING A FEDERAL CLAIM OVER A STATE CLAIM?

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