|Charge of Discrimination|
|Petition for Relief|
|Substantial Weight Review|
|Background:||You are contemplating/litigating a Florida-based employment discrimination case|
|Problem:||You are unfamiliar with the legal process|
|Solution:||You read this explanation to get a high-level understanding of the process|
|Duty:||Investigate Discrimination||Investigate Discrimination|
|Regulations:||29 CFR 1600 through 29 CFR 1695||60Y-1 through 60Y-25|
|Statutes:||ADA, ADEA, Title VII||§760 FS|
|Time Window:||180 Days||300 Days||365 Days|
Important Note: the FCHR loses the power to enter any determination on your charge if it fails to meet this 180-day stipulation (see Woodham v Blue Cross & Blue Shields, 829 So.2d 891 (Fla. 2002)).Throughout the process, the FCHR will give you (and the respondent/defendant) an opportunity to mediate the charge.
Historically, the FCHR’s Determinations have forced people into 'Scenario B' 86% of the time (ie, having to resort to an administrative hearing). In other words – and statistically speaking – there’s an 86% chance that your only option will be to proceed with an administrative hearing.In order to access that administrative hearing, you'll have file a "Petition for Relief"...
Crucial Note: the SWR option is available for dual-filed charges. Chances are slim that the EEOC will entertain such a request from non-dual-filed charges.
Crucial note: this option is only available to you if the FCHR finds that employment discrimination did occur (see §760.11(7) FS) (ie, this option is only available if the FCHR rules in your favor).Of course, this State Court path might develop for you after/if the appellate mandate dictates such a possibility for you.
|Phase 0||Contemplating/Getting Representation|
|Phase 7||Petition for Relief|
|Phase 8||Recommended Order|
|Phase 9||Final Order|
|Phase A-1||Substantial Weight Review|
|Phase A-2||Federal Case|
|Phase B-2||State Case|