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FCHR 101 | PHASE A-1: UNDERSTANDING THE SUBSTANTIAL WEIGHT REVIEW

Upon receiving the Final Order (on your dual-filed discrimination case), you'll be allowed to Request a Substantial Weight Review (“SWR”) from the EEOC.

A-1.0 | Intro

Good News: Your Final Order will [probably] alert you to this possibility.

Better News: TBD has copied, re-formatted, and published [almost] all publicly available FOs on this website (linked here).

Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the FOs
• learn more about book points here

✔ Complete
✔ Comprehensive
✔ Interactive
✔ Uninvasive
✓ No Ads
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✓ No Signups


Best News: In this walkthrough, TBD will expound on this SWR Request.

A-1.1 | The Rules & Regulations that Govern your Substantial Weight Review

29 CFR §1601.76 is the provision that makes SWRs possible (paraphrasing added):1
“The [EEOC] shall notify the parties whose cases are to be processed by the [FCHR] of their right, if aggrieved by the [FCHR]'s final action, to request review by the [EEOC] within 15 days of that action. The [EEOC], on receipt of a request for review, shall conduct such review in accord with the procedures set forth in the Substantial Weight Review Procedures.”
It basically means that the EEOC will review the FCHR’s Final Order. It’s important to remember, however, that this provision is for dual-filed cases (ie, the EEOC might ignore requests for cases that are not dual-filed). The EEOC reviews these cases because it has a workshare agreement with the FCHR (see the most recent contract).

By the way, the FCHR (according to 60Y-5.002 FAC) has similar workshare agreements with local agencies (paraphrasing added):
“(1) The [FCHR] Executive Director is authorized to negotiate agreements of referral with other public agencies having authority and resources to investigate allegations of unlawful employment practices...

(4) Upon fulfillment of the criteria set forth in subsections 60Y-5.002(2) and (3), F.A.C., the [FCHR] shall approve the negotiated agreement of referral. When an agreement has been approved by the [FCHR], all complaints filed with the [FCHR] which are subject to the agreement shall be referred to the referral agency. The referral agency shall report its action on the complaint to the [FCHR] Executive Director. Substantial weight shall be accorded to any final findings and orders of the referral agency.”
By the way, the EEOC (according to 29 CFR §1601.78) gathers the SWRs that people submit. Then it uses them to evaluate the FCHR’s performance/compliance:
“(b) Each designated FEP agency certified by the Commission shall be evaluated when, as a result of a substantial weight review requested as provided in § 1601.76 of this part or required in regard to cases closed as a result of unsuccessful conciliation or for lack of jurisdiction as provided in § 1601.77 of this part, the Commission rejects more than 5% of a designated FEP agency's findings at the end of the year or 20% or more of its findings for two consecutive quarters. When the Commission rejects 20% or more of a designated FEP agency's findings during any quarter, the Commission shall initiate an inquiry and may conduct an evaluation.”
Nevertheless, you can use 29 CFR §1601.76 to ask the EEOC to perform a Substantial Weight Review on your FCHR Final Order. Whereby you can alert the federal agency (ie, the EEOC) to the state agency’s (ie, the FCHR’s) improprieties. Here’s a how-to guide to help you get through this step:
How To Request a Substantial Weight Review

A-1.2 | Right-to-Sue Letter

Your next step will be to await your Right-to-Sue Letter (“RTS”) from the EEOC. Once it arrives, you’ll have 90 days to file your federal lawsuit (see 29 CFR §1601.19 and 29 CFR §1601.21).

Upon filing your complaint, you’ll pretty much be done with the FCHR.2

A-1.3 | TBD’s Recommendations

Meet your Filing Deadline!
• You must file your SWR within 15 days of the date listed on your Final Order (see 29 CFR §1601.76)
o Plus, you have to mail it to the EEOC’s Miami District Office:
EEOC Miami District Office
100 SE 2nd St. 1500
Miami, FL
Know Your Constitutional Rights:
• Remember that the 7th Amendment (US Constitution) guarantees you the opportunity to have a trial-by-jury

• 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
Know the Seminal Case (ie, McDonnell-Douglas v Green):
• Understand how it is used for adjudicating cases of employment discrimination
Info: The McDonnell-Douglas Framework
• Read the pertinent appellate court opinions here
Also, if time permits, begin reading the following provisions:
Fed. R. Civ. P.
Local Rules of Court
USFLMD
USFLND
USFLSD
ADA
ADEA
EPA
Title VII

Fed. R. Evid.
Fed. R. App. P.
They will help you see the path that’s ahead of you.

A-1.4 | TBD’s Commentary

Congratulations! You’ve pretty much shed yourself of the FCHR’s tentacles.2

Now, with its spineless slime at your feet, get ready to break into the next phase (ie, Phase A-2: Federal Lawsuit)...
TextBookDiscrimination.com® | © 2024. All Rights Reserved.
Footnotes
1 note: TBD has paraphrased these regulations in order to minimize ambiguity (ie, DOAH vs FCHR vs Agency). So, please feel free to consult the originating text (here).

2 At this stage, the only way the FCHR can still retain jurisdiction over your case is if:
(a) you simultaneously filed an appeal in one of Florida’s appellate courts (see Phase B-1); and

(b) your appellate court ordered the FCHR to retain jurisdiction (ie, conduct more proceedings)
Congratulations! You're now booked up on Phase A-1 (The Substantial Weight Review) 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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