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FCHR 101 | PHASE A-2: YOUR FEDERAL CASE

Once you get your Right-to-Sue Letter (“RTS”) you’ll get to enter the federal court system.

A-2.0 | Intro

Good News: Your RTS Letter will [probably] alert you to this possibility.

Better News: TBD has copied, re-formatted, and published many publicly available civil complaints [of discrimination] on this website (linked here).

Features:
✔ Free
✔ Rewarding
o ie, you will score book points by reading/accessing the complaints
• 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 your federal case.

A-2.1 | The Rules & Regulations that Govern the Filing of Your Federal Case

29 CFR §1614.407 states that you must file your federal lawsuit within 90 days of receiving your RTS Letter:
“A complainant who has filed an individual complaint, an agent who has filed a class complaint or a claimant who has filed a claim for individual relief pursuant to a class complaint is authorized under title VII, the ADEA, the Rehabilitation Act, and Genetic Information Nondiscrimination Act to file a civil action in an appropriate United States District Court:

(a) Within 90 days of receipt of the agency final action on an individual or class complaint;”
29 CFR §1626.18 does the same (paraphrasing added):1
“(c) The right of an aggrieved person to file suit expires 90 days after receipt of the Notice of Dismissal or Termination or upon commencement of an action by the [EEOC] to enforce the right of such person.”
29 CFR §1601.19 commands the EEOC to notify you of this 90-day filing deadline:
“The letter of determination shall inform the person claiming to be aggrieved or the person on whose behalf a charge was filed of the right to sue in Federal district court within 90 days of receipt of the letter of determination.”
Thus, once you get your RTS Letter, you’ll have 90-days to file your civil complaint (in a US District Court).

A-2.2 | The Laws that Govern your Federal Case

28 USC §1331 is the federal statute that dictates the type of court that you’ll have to file your civil complaint in:
“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”
28 USC §1332 will help you [enter a federal court of competent jurisdiction] if your civil opponent resides in a different US State/Territory than you do:
“(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between —

(1) citizens of different States;”
28 USC §1391 dictates the location/venue in which you will need to file your lawsuit:
“(b) Venue in General. — A civil action may be brought in —

(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;

(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or...”
These three statutes serve to get you in the door (ie, procedural jurisdiction). The underlying laws that govern your case, on the other hand, will get you the justice that you seek (ie, substantive jurisdiction). Those laws include:
• the ADA;
• the ADEA;
• the EPA;
GINA; and/or
Title VII
Thus, be sure to refresh your knowledge of those statutes.

A-2.3 | The Complaint

You’ll have to file your federal complaint directly (ie, there’s no longer an administrative agency that’ll be the middleman). Most district courts want civil rights litigants to use a court-issued form (when filing discrimination complaints) (sample USFLND form). At the same time, though, they will accept/use a free-form complaint. Either way, TBD’s put together a free how-to guide to help you accomplish this task:
How to File a Federal Civil Rights Complaint
As you write your complaint, quickly brush up on the key tenet that’s referred to as “the exhaustion of administrative remedies”. In a nutshell, it’s the gauntlet that you just went through (ie, FCHR Investigation, DOAH Proceeding, SWR Request, RTS Letter, etc.). The District Court will be looking for this; as it serves to certify the ripeness of your complaint.

A-2.4 | The Summons

In addition to your complaint, you’ll need to effectuate a summons. This is an important document; it notifies your civil opponent that he/she/it has been sued. The process of effectuating a summons can be bothersome/cumbersome. Luckily, TBD has put together this how-to guide so that you won’t have to be over-bothered with it:
How to Effectuate a Federal Summons
Also, the Federal Rules of Civil Procedure (as well as your District Court) implore you to seek a waiver of the summons service. You’ll seek this waiver by asking your civil opponent directly. Here’s a how-to guide:
How to Request a Waiver of Summons Service

A-2.5 | TBD’s Recommendations

Meet your Filing Deadline!
• You must file your Federal Complaint within 90 days of receiving your Right-to-Sue Letter. See:
o 29 CFR §1601.19; and
o 29 CFR §1601.21
• Do not let the burden of effectuating a summons interfere with your 90-day filing window
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
Prepare to face a Motion to Dismiss
• Attorneys tend to file them with little regard for facts/truth/logic.

• Here’s a how-to guide for drafting a response to such a document:
How to Respond to a Motion to Dismiss
• In fact, being cognizant of this event will help you formulate your civil complaint.
Keep your Civil Complaint as brief as possible
• Providing too much detail will only aide your civil opponent (ie, the entity that discriminated against you)
o See Rule 8 Fed. R. Civ. P. (and Rule 1.100 Fla. R. Civ. P.)
o See Rule 12 Fed. R. Civ. P. (and Rule 1.140 Fla. R. Civ. P.)
‣ Plus, providing too much detail can potentially slow down your case
• Provide a Short & plain statement
o Example 1: Company XYZ fired me because I rejected my boss’ sexual/romantic advances

o Example 2: Company ABC suspended me because I filed an internal discrimination complaint

o Example 3: Corporation XYZ demoted me due to my age

o Example 4: Corporation ABC refused to hire me because of my nationality

o Example 5: Entity XYZ subjected me to a hostile work environment because of my disability
Also, become well-versed in 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.

USFLMD’s Official Handbook on Civil Discovery
They will help you see the path that’s ahead of you.

A-2.6 | TBD’s Commentary

Congratulations! You’ve finally made it into the court system. This will be your first chance – after roughly 2 years – to get access to a [constitutionally-guaranteed] jury-of-your peers.

Along your way, please try to help the civil rights litigants that will follow in your footsteps. One easy way that you can do that is by selling your court documents to TBD (learn how). Reason: real-live sample court documents are some of the most helpful (and sought after) resources for civil rights litigants.

Well, Congratulations on making it this far; and Best Wishes on your journey!
Before you go, though, review this alternate/additional path to justice (ie, Phase B (State Appeal ± State Court)).
Sincerely,



www.TextBookDiscrimination.com
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).

Congratulations! You're now booked up on Phase A-2 (Your Federal Case) 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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