Florida Civil Rights Act

There are many discriminatory employment policies set forth as illegal in the Florida Civil Rights Act, and some include the discharge, refusal to hire, or discrimination in any employment terms against any individual because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status. Employers may also not limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual’s status as an employee. 

If an employee believes that they may be a victim of discrimination, the FCRA will provide 365 days for the employee to file a charge with the Commission on Human Relations, which was created by the Act. The commission then has 180 days to investigate and make a determination on the potential illegality of the allegations. There are three possible determinations:

Discrimination May Have Occurred: If the commission decides that a discriminatory practice may have occurred, the individual may be able to file a lawsuit or request an administrative hearing.

Discrimination Did Not Occur: If the commission decides there is no reasonable cause to believe a violation occurred, the aggrieved party may request an administrative hearing within 35 days or forfeits any claim. If the administrative law judge determines that a violation has occurred, he or she may create a remedy which must be accepted, rejected, or modified by the commission within 90 days. If the commission accepts this determination, the employee has one year to choose to accept these remedies or to file a lawsuit against the employer.

Unsure Whether Discrimination Occurred: If the commission is unable to determine whether illegal discrimination occurred, the rights of aggrieved parties are the same as a determination that there is reasonable cause to think a violation occurred.