Who: | FCHR = the Florida Commmission on Human Relations |
What: | Administrative Agency that investigates discrimination |
Where: | FL. State. Executive Branch. |
When: | 1969 |
How: | Statutes: FCRA Regulations: Chapter 60Y-1 FAC - Chapter 60Y-25 FAC |
Why: | Exercise the EEOC's powers in the way that the State of Florida sees fit |
Web: | FCHR.MyFlorida.com |
Basically, the FCHR is a state agency that investigates complaints of discrimination (employment, housing, public accommodations).
People submit their complaints to the agency before filing their lawsuits.
John Doe works for Company XYZ. It dawns on him that his direct manager is sexually harassing him (by withholding promotions, raises, etc.). So, he files a complaint with the FCHR.
During the investigation of his sex discrimination complaint, though, Company XYZ fires him. So, he amends it to explicitly include a charge for retaliation.
After 180 days, the FCHR issues him a Notice of Determination, and he takes his case to DOAH. Where an administrative law judge drafts a recommended order to dismiss his complaint.
The FCHR adopts the ALJ's recommendations, and denies Mr. Doe's complaint.
Afterwards, he has a few legal options (state appeal, federal lawsuit, etc.). He opts to take the federal route. So, John Doe requests a substantial weight review with the EEOC. Who gives him a Right-to-Sue letter (see 29 CFR §1601.28).
Thus - upon exhausting his administrative remedies (ie, with the FCHR - see §120.56(1)(e) FS, §760.34(4) FS) - Mr. Doe is finally allowed to enter court.
Jane Doe sues Company ABC for denying her access to its restaurant. The Court, however, dismisses her cause of action, because she did not file a discrimination complaint with the EEOC/FCHR beforehand.
Such a filing is a condition precedent for litigating a discrimination lawsuit.
The FCHR is Florida's state agency equivalent to the United States' EEOC.
There are many other state agency equivalents (eg, the Alaska Commission for Human Rights, etc.).
The FCHR, unfortunately, appears to have ulterior motives (ie, subverting Title VII's purpose); and repugnant methods (eg, Bribery).
So, please beware of the FCHR.