If you’ve been subjected to workplace discrimination, a hostile work environment, or retaliation, you have the right to take action. Both federal and state law protect employees from unfair treatment based on race, gender, disability, religion, age, and other protected categories. One of the first steps is filing a charge with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
This guide explains when and how to file, what deadlines apply, and how an employment lawyer can help protect your rights.
What Counts as Workplace Discrimination or Retaliation?
Discrimination occurs when an employer treats you unfairly because of a legally protected trait such as:
- Race, color, or national origin
- Sex, pregnancy, sexual orientation, or gender identity
- Religion
- Age (40 or older)
- Disability or genetic information
A hostile work environment exists when unwelcome conduct (like harassment, offensive jokes, or intimidation) is so severe or pervasive that it interferes with your ability to work.
Retaliation happens when your employer punishes you for reporting discrimination or harassment—for example, firing, demoting, or disciplining you after you file a complaint.
Step 1: Document what Happened
Before filing a charge, gather evidence:
- Dates and times of incidents
- Names of people involved
- Emails, text messages, or HR reports
- Performance reviews or write-ups that may show retaliation after your complaint
Good documentation strengthens your case and helps investigators understand the pattern of conduct. Additionally, good documentation is critical should your case end up in court.
Step 2: Know the Filing Deadlines
- EEOC: In Florida, you generally have 300 days from the date of the discriminatory act to file.
- FCHR: Florida law requires filing within 365 days.
Missing these deadlines can prevent you from pursuing a legal claim, so it’s important to act quickly.
Step 3: File Your Charge with the EEOC or FCHR
You can start the process online, by mail, or in person.
- EEOC: File through the EEOC Public Portal or visit the Miami District Office (which covers South Florida).
- FCHR: Submit a complaint online at fchr.myflorida.com or by mail to the Tallahassee office.
Once your complaint is filed, the agency will notify your employer and begin investigating. They may interview witnesses, review documents, or attempt mediation.
Step 4: What Happens After Filing?
- Mediation: In some cases, the agency will offer mediation to resolve the issue quickly.
- Investigation: If mediation fails, the agency investigates to determine whether discrimination likely occurred.
- Right-to-Sue Letter: If your claim isn’t resolved, you may receive a “Notice of Right to Sue.” This gives you the ability to file a lawsuit in court.
Why Work with an Employment Lawyer?
Filing a charge is just the beginning. An experienced Florida employment attorney can:
- Make sure your charge includes all relevant facts and legal claims
- Communicate with investigators on your behalf
- Help to protect you from retaliation
- Pursue damages such as back pay, front pay, reinstatement, emotional distress, and attorney’s fees/costs.
At WLT Law Firm, we guide employees across Florida, including Fort Lauderdale, Miami, and Palm Beach through every step of the process.
Frequently Asked Questions
Do I have to file a complaint with HR before going to the EEOC or FCHR?
It’s usually a good idea. Reporting internally shows you gave your employer a chance to fix the problem.
Can I file with both the EEOC and FCHR?
Yes. In Florida, most charges are “dual-filed,” meaning they are submitted to both agencies at the same time.
What if I was fired after complaining?
That may qualify as unlawful retaliation, and you could add it to your claim.
How much does it cost to file?
Filing a charge with the EEOC or FCHR is free.
Take Action Today
You don’t have to face discrimination or retaliation alone. The sooner you act, the stronger your case may be.
📞 Call 866-GET-WALI (438-9254)
📧 Email help@wltlegal.com
for a confidential and free consultation with an experienced Florida employment discrimination attorney.
Your rights matter—and WLT Law Firm is here to fight for them.