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FCHR 101 | PHASE 5: UNDERSTANDING THE 180-DAY INVESTIGATION

Now that you’ve filed your COD (and briefed yourself on the pertinent statutes/regulations/rules), it’s time to get the scoop on the FCHR’s investigation.

5.0 | Intro

Good News: The FCHR has created a high-level flowchart of its investigative phase

Better News: TBD has copied & re-formatted it on this website.

Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the flowchart
• learn more about book points here
✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Ads
✓ No Contracts
✓ No Signups

Best News: In this walkthrough, TBD will expound on this 180-day process

5.1 | Diligence & Vigilance

It’ll behoove you to remain vigilant throughout the FCHR investigation. In fact, you should maintain your vigilance through your entire legal pursuit. You can enhance your vigilance by:
(1) knowing what to expect;
(2) knowing what to request; and
(3) diligently litigating your case.

5.2 | Dual-File Notification

Within 10 days of receiving your dual-filed COD, the FCHR has to notify you (and your civil opponent) that they’ve received it.1
§2E of the 2023 EEOC-FCHR Workshare Agreement
This notification is important, because it’ll you help guard against FCHR obstructions (or defendant arguments) about timeliness.

Tip from TBD: Within 3 days of filing your COD, email the commission to ask it to:
(1) Confirm that they’ve "actually received" it; and
(2) Disclose what the filing date is

1 There is no such requirement for single-filed CODs (ie, FCHR only complaints – those which were filed within 301-365 days of the last discriminatory act).

5.3 | General Notification

Within 25 days of receiving your COD, the FCHR has to notify your civil opponent (ie, employer) that it’s been sued.
60Y-5.0011
During this period, you’ll have little-to-no duties to perform. Nevertheless, you can stay vigilant.

Tip from TBD: Within 14 days of filing your COD, ask the FCHR whether-or-not it has tried to notify the defendant/respondent

Tip from TBD: Within 21 days of filing your COD, ask the FCHR to agree to send you your Election of Rights form (in the event 180 days pass without an FCHR Determination).

Tip from TBD: Within 30 days of filing your COD, ask the FCHR to refrain from manufacturing issues on timeliness.

Sometime near the end of the first 30 days, the FCHR will likely contact you for an interview...

5.4 | Interview

Pursuant to state regulation (see 60Y-5.003(3) FAC and 60Y-5.003(5) FAC), an FCHR investigator will interview you about your discrimination charge. Based on TBD’s experience, the FCHR will always seek to record the conversation.

Often, the investigator will also interview the people who you’ve named in your charge. Based on TBD’s experience, the FCHR never seeks to record those conversations.
Equal Protections under the Law
Tip from TBD: ask the FCHR to respect the Equal Protection Clause of the US Constitution (14th Amendment).

Tip from TBD: ask the FCHR whether it will record the conversations of your civil opponent.

Tip from TBD: determine whether [the FCHR’s responses to your request for equal treatment mean that] the FCHR is going to respect your right to receive equal protection under the law.

Tip from TBD: tell the FCHR whether you believe that the state agency is respecting your 14th amendment right to equal protections under the law

Tip from TBD: decide whether you will allow the FCHR to record your conversation (given its responses to your 14th Amendment questions).

5.5 | Cooperation

After your interview, the FCHR might ask you for additional information. Make sure to provide it. State regulation gives the FCHR the power to dismiss complaints that suffer from a lack of complainant cooperation (see 60Y-5.003(5) FAC).

As always, keep all of the documents/items that are related to your charge.

5.6 | TBD’s Recommendations

Before the end of your FCHR investigation, begin reading the following rules:
• Rules 1.280 through 1.410 Fla. R. Civ. P.
• DOAH’s Uniform Rules of Procedure
• Rule 9.030 Fla. R. App. P.
• Rule 9.110 Fla. R. App. P.
• Rule 9.120 Fla. R. App. P.
• Rule 9.190 Fla. R. App. P.
• Rule 2.514 Fla. R. Jud. Admin.
• Rule 201 Fed. R. Evid.
Before you file your PFR at DOAH (or your civil complaint in state court), have a full understanding of the following rules:
• Rules 1.280 through 1.410 Fla. R. Civ. P.
• DOAH’s Uniform Rules of Procedure
That's it. As you read through these rules you’ll be “getting booked up” on the knowledge/resources that you’ll need to get justice.

Thus, this growing knowledge of yours will be an asset to you as you navigate through the FCHR legal process. And you can further expand that knowledge by learning about the next phase (ie, Phase 6: The Determination)...
TextBookDiscrimination.com® | © 2023. All Rights Reserved.
Congratulations! You're now booked up on Phase 5 (The Investigation) regarding the way the legal process operates within the State of Florida!

Keep this in mind while you litigate your civil rights case in the sunshine state. Also, keep in mind the FCHR's statutory ability to accept bribes.

Plus - at all times - keep the 7th Amendment of the US Constitution (your right to a trial-by-jury) in mind.

As always, please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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