2.0 | Intro
Better News: TBD has copied & re-formatted it on this website (along with all other laws pertinent to discrimination litigation) [link].
Features:
✔ Free
✔ Rewarding
o ie, you'll earn book points by reading/accessing these statutes
• click here to learn more about book points
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Contracts
✓ No Signups
Best News: The FCRA is patterned after Title VII. Therefore, if you’re familiar with the federal laws on discrimination then you pretty much know the state laws on it.
Plus, discrimination cases get litigated the same way:
“Because the FCRA is modeled after Title VII, and claims brought under it are analyzed under the same framework [the] state-law claims do not need separate discussion and their outcome is the same as the federal ones.”
- Alvarez v Royal, 610 F.3d 1253 (11th Cir. 2010)
Caveat #1 [Substantive]:
Please read the following agency decisions to learn more:
o Grasso v AHCA, 201503 TBD.F 001
o Lopez v InSync Staffing, 201802 TBD.F 005
o Williams v First Commerce, 201744 TBD.F 008
“We also point out that, although in many respects the FCRA is patterned on Title VII, which is the federal statutory scheme, Title VII does not bar a federal lawsuit even if the EEOC issues a "no cause" determination...
Thus, the FCRA differs from Title VII, its federal counterpart, in that a "no cause" determination precludes a civil suit under the FCRA but not under Title VII.”
- Woodham v BCBSFL, 829 So. 2d 891 (Fla. 2002)
2.1 | Protected Characteristics (ie, ‘Charged Bases’)
“(2) The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.”Item 1.1 has more information on 'Charged Bases'.
2.2 | Statute of Limitations (365, 300, 180)
“(1) Any person aggrieved by a violation of ss. 760.01-760.10 may file a complaint with the commission within 365 days of the alleged violation, naming the employer, employment agency, labor organization, or joint labor-management committee, or, in the case of an alleged violation of s. 760.10(5), the person responsible for the violation and describing the violation...”Under Title VII (ie, the FCRA’s federal parent), you have 180 days [from the date of the last adverse employment act] to file your charge of discrimination (highlights added):
“(1) A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice)”For dual-file status (ie, simultaneous protection under the FCRA and Title VII), you have 300 days [from the date of the last adverse employment act] to file your charge of discrimination (highlights added):
“in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.”In short, you have the following time windows [to file your COD]:
| EEOC | Dual-Filed | FCHR Only | |
|---|---|---|---|
| Time Window: | 180 Days | 300 Days | 365 Days |
2.3 | Investigative Window
“...whenever the FCHR fails to make its determination within 180 days, even if the untimely determination is made before the filing of the lawsuit, the claimant may proceed to file a lawsuit under [§760.11(4) FS]...
In the present case, it is undisputed that the EEOC dismissal and notice of rights was not issued within the 180 days provided by [§760.11(3) FS] and [§760.11(8) FS]. Thus, Woodham should have been permitted to proceed with her civil action even if EEOC Form 161 had satisfied the requirements of a "no cause" determination under section 760.11(3).”
- Woodham v BCBSFL, 829 So. 2d 891 (Fla. 2002)
In short, every late FCHR Determination is null & void.1 So, if 180 days pass [from the date of your filed COD], then you’re free to proceed under §760.11(4) (ie, you can file a civil suit in court; or you can proceed to a hearing at DOAH). Ideally, the FCHR will issue you an Election of Rights form; outlining these options for you.
(b) experienced it first hand
2.4 | Timestamp
“On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face of the complaint the date the complaint was filed with the commission. In lieu of filing the complaint with the commission, a complaint under this section may be filed with the federal Equal Employment Opportunity Commission or with any unit of government of the state which is a fair-employment-practice agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the complaint is filed is clearly stamped on the face of the complaint, that date is the date of filing.”Thus, the FCHR’s investigative window begins on the date you file your complaint.
2.5 | Petition for Relief
2. the date that ends your case's 180-day investigative window
Hopefully, the FCHR won’t saddle you with timeliness issues; please stay vigilant, nonetheless.
List of Civil Rights Attorneys.
2.6 | Quick Recap on Timeliness
□ once 180 days have passed [since you filed your COD] the FCHR has to shut up (unless you ask it to do more for you). - loosely speaking
2.7 | DOAH Proceeding
• §120.57(1) FS
2.8 | Appellate Review
2.9 | Constitutions
(b) Florida Constitution (yes, states have their own constitutions).
• 7th Amendment (US Constitution)
• 10th Amendment (US Constitution)
• 11th Amendment (US Constitution)
• 14th Amendment (US Constitution)
• Article III (US Constitution)
• Art. I §24 (FL Constitution)
Note: “hardly ever” ≈ 0.01% of the time
referring to the percent of all docket entries which cite the FL Constitution
(aside from Art. I §24 (FL Constitution) – which gets invoked fairly often).
2.10 | Public Records
• §119.071 FS
In fact, here’s a How-To Guide (FCHR Public Records Requests).
2.11 | Evidence
• §90.202 FS
• §90.203 FS
• §90.204 FS
• §90.205 FS
2.12 | Miscellaneous Statutes (Indigence, Verified Oath)
• §92.52 FS (28 USC §1746)
How-To: Civil Indigence (Federal)
How-To: Verified Oath (state/federal)
2.13 | TBD’s Commentary
2. What happens if the FCHR issues a “no reasonable cause” Determination?
3. What happens if the FCHR issues a “reasonable cause” Determination?
4. How much time does the FCHR have to enter that Determination?
6. How much time do I have to request an administrative hearing (via a “Petition for Relief”)?
5. Within 21 days of filing, ask the FCHR to agree to send you your Election of Rights form (in the event 180 days pass without an FCHR Determination).
6. Within 30 days of filing, ask the FCHR to refrain from manufacturing issues on timeliness
7. If you receive a Determination letter within the 180-day investigative window, read it promptly
ii. File a timely Petition for Relief
On your computer, consider creating a file directory that's dedicated to your discrimination lawsuit.
A key part of your journey will be knowing how to navigate through the FCHR legal process; and you can fortify that knowledge by learning about the next phase (ie, Phase 3: The Regulations)...
