Palm Beach Gardens EEOC Charge Attorney

There are a number of federal and Florida state laws that protect employees from discrimination in the workplace. For example, an employer cannot fire or refuse to hire you on the basis of your sex, race, or religion. So if an employer has engaged in discrimination, what do you do?

The first step is normally to file a formal complaint, also known as a charge, with the U.S. Equal Employment Opportunity Commission (EEOC). An experienced Palm Beach Gardens EEOC charge attorney can guide you through this process. At the Sconzo Law Office, P.A., we have represented many clients in pursuing formal employment discrimination complaints against employers who have violated the law.

How the EEOC Charge Process Works in Florida

The EEOC is not the only agency charged with enforcing employment discrimination laws. The Florida Commission on Human Relations (FCHR) also enforces anti-discrimination laws at the state level. Many acts of employment discrimination violate both state and federal laws, although certain cases may only involve one or the other. In general, though, if your case falls under either jurisdiction, you can choose which agency to file a charge with. You do not have to file a charge with both.

In the case of an EEOC charge, an employee must file their complaint within 180 calendar days. This deadline is extended to 300 days if the FHCR or another local agency enforces a state or local law that forbids discrimination on the same basis.

Once a charge is filed, the EEOC then has 10 days to notify the employer of the complaint. Keep in mind, a charge is simply an allegation of illegal employment discrimination. The EEOC will investigate the employee’s complaint to determine if there is “reasonable cause” to believe illegal discrimination occurred.

Oftentimes, the EEOC will attempt to mediate a settlement of the charge between the employer and the employee who filed the complaint. If that fails or is not an option, the EEOC will then decide whether or not to pursue formal legal action against the employer, effectively taking up the employee’s case as its own.

Should the EEOC decide not to act–which is common–it will instead issue a “Dismissal of Notice and Rights” to the employee who filed the charge. Also known as a “right-to-sue letter,” this notice effectively authorizes the employee to go ahead and file their own employment discrimination lawsuit in court. The employee usually needs to file this lawsuit within 90 days of receiving the right-to-sue letter.

Contact the Sconzo Law Office Today

Filing an EEOC charge is generally a necessary first step before an employee can take an employer to court. So it is essential that all of the necessary steps for filing a charge are followed. A qualified Palm Beach Gardens EEOC charge attorney can help ensure your case is not defeated before it has even begun. Contact the Sconzo Law Office, P.A., today to schedule a complimentary consultation.