What is the Difference Between a Florida State and Federal Employment Discrimination Claim?

If you have experienced any type of employment discrimination, you may know that there are both federal and state laws that provide protections against various forms of discrimination. In large part, in Florida, the Florida Civil Rights Act (FCRA) provides protections on a state level that are similar to those provided by a range of federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and other federal employment discrimination laws. Recognizing the similarity in the protections between state and federal law, you may be wondering: what is the difference between a state claim and a federal claim for employment discrimination?

A Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office can provide you with more information, and we can speak with you today about your options for moving forward with a claim.

State Versus Federal Claims: What You Need to Know 

To understand the difference between state and federal claims for employment discrimination matters, it is essential to understand the overarching distinctions between state and federal claims more broadly.

Generally speaking, state courts have jurisdiction over claims under state laws (like the FCRA) while federal courts have jurisdiction over any claims that arise under federal laws (like Title VII of the Civil Rights Act of 1964, or the ADEA). If you file a federal claim, then you will file in a federal court, but there are federal courts in Florida — you will not need to travel to file a federal claim in a way that you would not have to travel to file a state claim. In order to file a claim in federal court, the “amount in controversy” must be more than $75,000, while the “amount in controversy” must be less than that to file in state court.

In some cases, it may be possible to choose between filing a state or a federal claim, and an attorney can advise you on the best course of action.

Employment Discrimination Claims in Florida Under State Versus Federal Law 

Whether you will file a state or federal claim may depend on your eligibility, as well as the need for a speedier resolution versus a larger potential payout. But before you actually file an employment discrimination lawsuit in Florida in a state or federal court, you will typically file with the agency that hears claims.

If you have a complaint under the FCRA, you will typically file a discrimination claim with the Florida Commission on Human Relations (FCHR). If you have a complaint under a federal law, you will typically file your discrimination claim with the Equal Employment Opportunity Commission (EEOC), which will be described as an EEO complaint. Then, you will go through a process with either agency to determine next steps and whether you can move forward with a civil lawsuit.

Contact Our Palm Beach Gardens Employment Discrimination Attorneys 

To determine whether you should file a state or a federal employment discrimination claim, the first thing to do is to contact one of the experienced Palm Beach Gardens employment discrimination lawyers at Sconzo Law Office to discuss your case. We can speak with you today about your options.

Sources:

eeoc.gov/

fchr.myflorida.com/