|table of contents
|Charge of Discrimination
|Election of Rights
|Petition for Relief
“(4) A Notice of Determination of Reasonable Cause shall include an invitation to participate in conciliation and shall advise the complainant of the elective right to file either a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination or a civil action within one year of the date of determination.”
“(4) If the [FCHR] determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992, the aggrieved person may either:§760.11(8) FS further states that this 1-year window applies to cases in which the FCHR fails to render any determination [within its statutorily-prescribed 180-day investigation] (paraphrasing added):
(a) Bring a civil action against the person named in the complaint in any court of competent jurisdiction;...
(5)... A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause by the [FCHR].”
“(8) If the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days after the filing of the complaint:§760.11(7) FS goes on to say that the 1-year window also applies to cases in which the FCHR enters a Final Order in your favor (paraphrasing added):
(a) An aggrieved person may proceed under subsection (4) as if the commission determined that there was reasonable cause.
(b) The commission shall promptly notify the aggrieved person of the failure to conciliate or determine whether there is reasonable cause. The notice shall provide the options available to the aggrieved person under subsection (4) and inform the aggrieved person that he or she must file a civil action within 1 year after the date the commission certifies that the notice was mailed.”
“In the event the final order issued by the [FCHR] determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within 1 year of the date of the final order, a civil action under subsection (5) as if there has been a reasonable cause determination or accept the affirmative relief offered by the commission, but not both.”Altogether, these laws mean that you’ll have one year to file your state court action: