subject: Understanding Deadlines For Employment Discrimination Cases [print this page] What is the right thing to do when a discriminatory practice affects your professional career? The instance may be anything hiring based on age, promotion based on sex, termination based on national origin, and many others. Any work-related decision based on protected characteristics is discriminatory and illegal as well.
What should you do if you were a victim of workplace discrimination? The first thing you should do is consult an employment attorney. He/she would be able to guide you regarding when and where to file a complaint. Do not delay getting legal help, as there are strict time limits pertaining to these cases.
You may file a complaint with the federal agency, the Equal Employment Opportunity Commission (EEOC), or the state equivalent, the Florida Commission on Human Relations (FCHR). These two have a work-sharing agreement, and cross-filing ensures that you protect both your federal and state rights.
Again, the time limits come into play in the complaint process. You have 365 days, from the date of the occurrence of discrimination, to file with the FCHR and 300 days, from the same, with the EEOC. Do not wait for too long; there may be other legal claims with shorter filing deadlines that you must not miss.
The investigation at the federal and state agency may be all that you need to resolve the matter. Finding of discriminatory practices may lead to penalties for the employer and compensation for the victim. However, another possibility also exists finding of no cause. In this case, you have to pursue the matter with an administrative appeal.
The huge number of cases pending at the federal and state agencies prompts them to issue a Notice of Right to Sue or Dismissal and Notice of Rights at times. This gives you the right to file a lawsuit and go to court to seek justice. You may also file a suit if the FCHR fails to complete the procedure within 180 days.
Whether it is the administrative process or the legal one, you need Florida employment attorneys for help. Again, a deadline exists as to the filing of the suit after the issuance of the notice. You have 90 days to file after issuance of the notice by the EEOC and 1 year after the issuance of the same by the FCHR.
It is necessary to get in touch with an attorney when you are trying to handle an employment discrimination case. The processes could be confusing, and better handling of the issues is possible only if you have competent help.
