FEPA Discrimination Charge and Right-to-Sue Procedure — Florida

FEPA Discrimination Charge and Right-to-Sue Procedure (FLORIDA)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

I. State Statutory Framework and Protected Classes

The Florida Civil Rights Act of 1992 (FCRA), codified at Fla. Stat. §§ 760.01–760.11, is the state employment-discrimination statute, enforced by the Florida Commission on Human Relations (FCHR). FCRA is generally interpreted in conformity with Title VII (Harper v. Blockbuster Entertainment Corp., 139 F.3d 1385 (11th Cir. 1998)) but has several Florida-specific features.

Protected classes under § 760.10(1):

Sexual orientation / gender identity: Not enumerated in FCRA. Federal Bostock applies to Title VII cross-filed claims; some Florida appellate courts (e.g., Smith v. City of Salem, 11th Cir. authority) treat sex-stereotype theory favorably. Local ordinances (Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, Pinellas, Tampa, Orlando) provide SO/GI protection. Practitioners should plead under "sex" + Bostock and any applicable local ordinance.

II. State vs. Federal Differences

III. Election of Remedies (State vs. EEOC; Dual-Filing)

FCHR and the EEOC operate under a work-sharing agreement. Most dual-filed charges are investigated by the EEOC first because FCHR is resource-constrained.

• FCHR only: state remedies including mandatory fees, no comp-damages cap, $100K punitive cap.
• EEOC only: federal claims; EEOC RTS triggers FCRA 1-year SOL under HB 1407 (2026) amendment to § 760.11(5).
• Concurrent (recommended): Florida-specific protections (all-age, marital status) preserved alongside Title VII; if FCHR fails to issue determination within 180 days, claimant may proceed as if cause found.

Post-cause election (35 days under § 760.11(4)): Choose either (a) administrative hearing before the Division of Administrative Hearings (DOAH) — same remedies except punitive damages, and (b) civil action in Circuit Court — full remedies including punitive damages (capped at $100K). Civil action is usually preferred for damages exposure.

IV. Filing Deadline Analysis

V. Damages Available

VI. Right-to-Sue Requirement and Timeline

Part B — Charge of Discrimination (FCHR Filing)

Caption / Header

FLORIDA COMMISSION ON HUMAN RELATIONS

CHARGE OF DISCRIMINATION

Filed pursuant to Fla. Stat. § 760.11; Fla. Admin. Code Ch. 60Y-5

FCHR Charge No.: [____________] | EEOC Charge No. (if cross-filed): [____________]

Date Filed: [__/__/____]

I. Charging Party Information

II. Respondent (Employer) Information

III. Date(s) of Discrimination

IV. Protected Bases (check all that apply)

☐ Race ☐ Color ☐ Religion ☐ Sex ☐ Pregnancy ☐ National origin ☐ Age (any age — FCRA) ☐ Handicap/Disability ☐ Marital status ☐ HIV/AIDS status (§ 760.50) ☐ Retaliation ☐ Sexual orientation (via Bostock — "sex") ☐ Gender identity (via Bostock — "sex") ☐ Other: [________________________________]

V. Particulars (Numbered Factual Allegations)

A. Background

1. Charging Party [NAME] was employed by Respondent from [__/__/____] to [__/__/____] as [TITLE] at [LOCATION].

2. Charging Party is a member of the following protected class(es): [________________________________].

3. Charging Party was qualified for the position; performance reviews are summarized at Exhibit [____].

B. Discriminatory Conduct

4. On or about [__/__/____], [DESCRIBE CONDUCT]. [________________________________]

5. The conduct was committed by [NAME, TITLE], who had authority over [hiring/firing/discipline/compensation].

6. Specific incidents:
   - [__/__/____]: [________________________________]
   - [__/__/____]: [________________________________]
   - [__/__/____]: [________________________________]

C. Adverse Action

7. On [__/__/____] Respondent took the following adverse action(s): ☐ Termination ☐ Demotion ☐ Failure to promote ☐ Pay reduction ☐ Discipline ☐ Constructive discharge ☐ Failure to hire ☐ Failure to accommodate ☐ Hostile work environment ☐ Other: [________________________________].

D. Comparator Evidence

8. Similarly situated employees outside Charging Party's protected class were treated more favorably: [NAME, TITLE, TREATMENT, DATES]. [________________________________]

E. Causal Connection

9. Temporal proximity between [protected activity] on [__/__/____] and adverse action on [__/__/____].

10. Direct evidence: [________________________________].

11. Pretext: Respondent's stated reason — [STATED REASON] — is pretextual because [________________________________].

VI. Statement of Particulars by Reference to Statute

The conduct violates Fla. Stat. § 760.10(1) (discrimination), § 760.10(7) (retaliation), and as applicable § 760.50 (HIV).

VII. Demand

Charging Party requests that FCHR:

1. Accept and investigate this charge;
2. Cross-file with the EEOC under the work-sharing agreement;
3. Issue a reasonable-cause determination within 180 days (§ 760.11(3));
4. Award back pay, front pay, compensatory damages, punitive damages ($100K cap), reinstatement, attorney's fees, and costs.

Signature and Verification

I, [NAME], swear or affirm under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct.

Executed at [CITY], Florida, on [__/__/____].

Signature: [________________________________]

Printed name: [________________________________]

Sworn to and subscribed before me on [__/__/____] by [NAME], who is personally known to me OR produced [________________________________] as identification.

Notary Public, State of Florida

[________________________________]
Print Name | Commission No.

Part C — Post-180-Day Notice / Civil-Action Election Letter

[CLAIMANT / COUNSEL NAME]
[Street Address]
[City, FL ZIP]
[Phone] | [Email]

Date: [__/__/____]

VIA CERTIFIED U.S. MAIL — RETURN RECEIPT REQUESTED

Florida Commission on Human Relations
4075 Esplanade Way, Room 110
Tallahassee, FL 32399-7020

Re: Request for Notice of Failure to Determine and Election of Civil Action — Fla. Stat. § 760.11(8); FCHR Charge No. [____________]

To the Commission:

1. Charging Party [NAME] filed a Charge of Discrimination on [__/__/____] (FCHR No. [____________]) against Respondent [EMPLOYER].

2. More than 180 days have elapsed since the filing of the charge without a determination of reasonable cause by the Commission.

3. Pursuant to Fla. Stat. § 760.11(8) and CS/HB 255 (eff. 7/1/2020), Charging Party requests immediate notice of the Commission's failure to issue a determination so that the 1-year limitations period under § 760.11(5) can be triggered and tracked.

4. Charging Party hereby elects to proceed by civil action in Circuit Court rather than by administrative hearing before DOAH.

5. Please confirm receipt of this election in writing.

Respectfully,

[________________________________]
[NAME / Counsel]

Part D — Civil Complaint (Florida Circuit Court Template)

Caption

IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT

IN AND FOR [_______] COUNTY, FLORIDA

CASE NO.: [____________]

COMPLAINT AND DEMAND FOR JURY TRIAL

I. Parties

1. Plaintiff [NAME] is a resident of [COUNTY] County, Florida, and at all relevant times was an "aggrieved person" under Fla. Stat. § 760.02(10).

2. Defendant [EMPLOYER] is a Florida [corporation/LLC] with principal office at [ADDRESS] and is an "employer" within § 760.02(7) (15+ employees).

II. Jurisdiction and Venue

3. This Court has subject-matter jurisdiction; damages exceed the jurisdictional minimum of $50,000.

4. Venue is proper in [COUNTY] County under Fla. Stat. § 47.011 because the cause of action accrued in this county and Defendant maintains a place of business here.

III. Exhaustion of Administrative Remedies

5. On [__/__/____], Plaintiff filed a verified Charge of Discrimination with the Florida Commission on Human Relations (Charge No. [____________]), cross-filed with the EEOC.

6. ☐ On [__/__/____] FCHR issued a determination of reasonable cause; OR ☐ More than 180 days have elapsed without determination and Plaintiff is authorized to proceed by civil action pursuant to § 760.11(8).

7. ☐ On [__/__/____] the EEOC issued a Notice of Right to Sue.

8. This action is filed within 1 year of [the determination / EEOC RTS, whichever earlier] pursuant to § 760.11(5).

IV. Factual Background

9. [Expanded factual allegations incorporating Charge particulars.] [________________________________]

V. Causes of Action

Count I — Unlawful Discrimination (Fla. Stat. § 760.10(1)) — Against [EMPLOYER]

10–17. [Protected class; qualification; adverse action; circumstances; pretext.]

Count II — Retaliation (Fla. Stat. § 760.10(7))

18–22. [Protected activity; adverse action; causal nexus.]

Count III — Hostile Work Environment Harassment

23–27. [Severe or pervasive; based on protected class; objectively/subjectively offensive; Faragher-Ellerth analysis.]

Count IV — Pregnancy Discrimination (Delva v. Continental Group) (if applicable)

28–32.

Count V — Title VII / ADA / ADEA (parallel federal claims) (if EEOC RTS received)

33–38.

Count VI — Whistleblower Retaliation (Fla. Stat. § 448.102) (if applicable — private sector)

39–43. [Disclosure of violation of law/regulation; adverse action; causation; 2-year SOL from § 448.103(1)(a).]

VI. Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant for:

a. Back pay and benefits with interest;
b. Front pay or reinstatement;
c. Compensatory damages for emotional distress, mental anguish, humiliation, and loss of enjoyment of life;
d. Punitive damages up to $100,000 per claimant (§ 760.11(5));
e. Reasonable attorney's fees and costs (§ 760.11(5));
f. Injunctive relief, including policy reform and training;
g. Such other relief as the Court deems just.

VII. Jury Demand

Plaintiff demands a trial by jury on all issues so triable.

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME] (Florida Bar No. [____])
[FIRM]
[ADDRESS]
Telephone: [_____] | Email: [_____]
ATTORNEYS FOR PLAINTIFF

Part E — Pre-Filing Checklist

☐ Adverse employment action documented (date, decision-maker)

☐ Protected class identified — including FCRA-specific bases (any age, marital status, HIV)

☐ Comparator evidence gathered

☐ Pretext evidence preserved

☐ Personnel file requested (limited statutory right; rely on FCHR document request)

☐ Continuing-violation analysis under Florida law

☐ EEOC dual-filing confirmed; verify which agency will investigate first

☐ 365-day FCRA SOL calendared with 30-day buffer

☐ 300-day EEOC SOL calendared with 30-day buffer

☐ Day-180 review scheduled to demand notice of failure if no determination

☐ Civil action vs. DOAH election analysis completed (punitives only in civil action)

☐ Damages computed — note $100K punitive cap; no compensatory cap

☐ Attorney's fees claim documented (mandatory shifting)

☐ Local ordinance protections checked (SO/GI in Miami-Dade, Broward, Orlando, Tampa, etc.)

☐ Litigation hold notice sent to employer

☐ Notary identified for verification of charge

☐ Arbitration agreement analyzed (EFAA carve-out for sexual harassment, 9 U.S.C. §§ 401–402)

Sources and References

• Florida Commission on Human Relations: https://fchr.myflorida.com
• FCHR FAQ and complaint forms: https://fchr.myflorida.com/faq-frequently-asked-questions
• Florida Civil Rights Act (§§ 760.01–760.11): http://www.leg.state.fl.us/Statutes
• Fla. Admin. Code Ch. 60Y-5 (FCHR procedures)
• CS/HB 255 (2020) — amendment establishing 1-year SOL from notice of failure
• CS/HB 1407 (2026) — EEOC RTS as § 760.11(5) trigger
• Joshua v. City of Gainesville, 768 So. 2d 432 (Fla. 2000) (historical 4-year framework — superseded)
• Delva v. Continental Group, 137 So. 3d 371 (Fla. 2014) (pregnancy as sex discrimination under FCRA)
• Donato v. AT&T, 767 So. 2d 1146 (Fla. 2000) (marital status)
• Mooshie v. Fla. State Lodge FOP, 1D2023-3301 (Fla. 1st DCA 2024)
• Aleu v. Nova Southeastern Univ., Fla. 4th DCA (2023)