How Much Time Do I Have to File an Employment Discrimination Claim?

Employment discrimination can take many different forms in South Florida workplaces, and it can occur in a wide range of circumstances and settings. Unlawful discrimination can involve the targeting of a job applicant or an employee (or the exclusion of one or more job applicants or employees) on the basis of race, religion, sex, and other protected classes. At the same time, employment discrimination can be based on factors like age or disability. Sometimes employment discrimination can involve harassment that results in a hostile work environment, quid pro quo sexual harassment, or wrongful termination, for example. No matter what type of discrimination you have faced or how it occurred, it is critical to get started on a claim as soon as possible to avoid running out of time to do so.

How much time does a job applicant or employee have to file an employment discrimination claim? The answer to that question depends largely on whether a claim or complaint must be filed under state or federal law. Then, the time limit for filing an initial complaint or charge needs to be considered in relation to a subsequent lawsuit. Our employment discrimination lawyers in Palm Beach Gardens can explain in more detail.

Filing a Complaint Under the Florida Civil Rights Act with the Florida Commission on Human Rights

For most complaints involving discrimination under the Florida Civil Rights Act (FCRA), a complaint typically must be filed with the Florida Commission on Human Rights (FCHR). A complaint must be filed in written form, and it must be filed “no later than 365 days after the prohibited personnel action,” meaning the act of employment discrimination that occurred. In other words, you must file your complaint within 1 year.

Filing a Complaint Under Federal Law with the Equal Employment Opportunity Commission 

There are many federal laws that protect employees against workplace discrimination, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and more. Most charges under federal law must be filed with the US Equal Employment Opportunity Commission (EEOC). The timeline for filing a charge will depend on the details of the case.

Generally speaking, EEOC charges must be filed within 180 calendar days from the date of the discrimination. However, when a state or local agency enforces a law prohibiting the same type of discrimination, the deadline may be extended to 300 calendar days. The rules can be slightly different for age discrimination claims, so it is important to seek advice from an employment law attorney.

Contact a Palm Beach Gardens Employment Discrimination Attorney 

Gaining a clear understanding of the specific time limits you are facing to file an employment discrimination claim can often be difficult, especially if you are unsure about whether you need to file a claim with the FCHR or the EEOC. To ensure that you do not miss any deadlines, it is important to discuss the details of your discrimination claim with an experienced Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office as soon as possible. We can talk with you today to learn more about the circumstances in which you experienced discrimination in the workplace, and we can assist you with the full process of filing a claim and seeking a remedy.

Sources:

eeoc.gov/time-limits-filing-charge#:~:text=In%20general%2C%20you%20need%20to,discrimination%20on%20the%20same%20basis

fchr.myflorida.com/employment#:~:text=A%20complaint%20may%20be%20filed%20at%20any%20time%20within%20365,the%20alleged%20unlawful%20employment%20practice.&text=A%20written%20complaint%20may%20be,verified%20complaint%20by%20the%20FCHR