B-2.0 | Intro
Better News: TBD has copied, re-formatted, and published many publicly available civil complaints [of discrimination] on this website (linked here).
Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the complaints
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: In this walkthrough, TBD will expound on your state case.
B-2.1 | The Rules & Regulations that Govern the Filing of Your State Case
“(4) A Notice of Determination of Reasonable Cause shall include an invitation to participate in conciliation and shall advise the complainant of the elective right to file either a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination or a civil action within one year of the date of determination.”
B-2.2 | The Laws that Govern your State Case
“(4) If the [FCHR] determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992, the aggrieved person may either:§760.11(8) FS further states that this 1-year window applies to cases in which the FCHR fails to render any determination [within its statutorily-prescribed 180-day investigation] (paraphrasing added):
(a) Bring a civil action against the person named in the complaint in any court of competent jurisdiction;...
(5)... A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause by the [FCHR].”
“(8) If the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days after the filing of the complaint:§760.11(7) FS goes on to say that the 1-year window also applies to cases in which the FCHR enters a Final Order in your favor (paraphrasing added):
(a) An aggrieved person may proceed under subsection (4) as if the commission determined that there was reasonable cause.
(b) The commission shall promptly notify the aggrieved person of the failure to conciliate or determine whether there is reasonable cause. The notice shall provide the options available to the aggrieved person under subsection (4) and inform the aggrieved person that he or she must file a civil action within 1 year after the date the commission certifies that the notice was mailed.”
“In the event the final order issued by the [FCHR] determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within 1 year of the date of the final order, a civil action under subsection (5) as if there has been a reasonable cause determination or accept the affirmative relief offered by the commission, but not both.”Altogether, these laws mean that you’ll have one year to file your state court action:
• IF you do not get any determination within the FCHR’s 180-day investigative window (real-live sample); and/or
• IF the FCHR issues you a Final Order in your favor (ie, that you were subjected to discrimination) (real-live sample).
B-2.3 | The Complaint
B-2.4 | The Summons
B-2.5 | TBD’s Recommendations
o Item B-2.2 (above)
• Remember that the 14th Amendment (US Constitution) guarantees you the right to due process (ie, fundamental fairness)
• Remember that the 14th Amendment (US Constitution) guarantees you the right to the equal protections under the law
• Here’s a how-to guide for drafting a response to such a document:
o See Rule 1.140 Fla. R. Civ. P.
o Example 2: Company ABC suspended me because I filed an internal discrimination complaint
o Example 3: Corporation XYZ demoted me due to my age
o Example 4: Corporation ABC refused to hire me because of my nationality
o Example 5: Entity XYZ subjected me to a hostile work environment because of my disability
• Local Rules of Court:
• Duval County;
• etc.
• Fla. R. Jud. Admin.
• Fla. R. App. P.
• USFLMD’s Official Handbook on Civil Discovery
B-2.6 | TBD’s Commentary
Along your way, please try to help the civil rights litigants that will follow in your footsteps. One easy way that you can do that is by selling your court documents to TBD (learn how). Reason: real-live sample court documents are some of the most helpful (and sought after) resources for civil rights litigants.
Well, Congratulations on making it this far; and Best Wishes on your journey!
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