An employee claims you discriminated against them. They file a charge with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). Suddenly, your business faces a formal investigation, potential litigation, and damage to you, and your business’ reputation. Understanding how these complaints work, and acting quickly with legal counsel can mean the difference between a swift resolution and a costly legal battle.
Both federal and Florida law prohibit workplace discrimination based on protected characteristics like race, sex, age, disability, and religion. When an employee believes you violated those laws, they can file an administrative complaint. Here’s what happens next.
Step One: The Employee Files a Charge
The process begins when an employee submits a formal charge of discrimination. Under federal law (Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act), they file with the EEOC. Under the Florida Civil Rights Act (Fla. Stat. § 760.01 et seq.), they file with the FCHR. In practice, Florida employees often file with both agencies simultaneously through a “dual-filing” arrangement.
The charge must be filed within strict deadlines. For the EEOC, the employee generally has 180 days from the alleged discriminatory act (extended to 300 days in states like Florida that have their own enforcement agencies). For the FCHR, the deadline is 365 days under Fla. Stat. § 760.11(1). Missing these deadlines can bar the employee’s claim entirely.
Once filed, the agency assigns a case number and sends you a copy of the charge. This is your first notice that you’re being accused of unlawful conduct. The clock starts ticking.
Step Two: The Agency Investigates
After receiving the charge, the EEOC or FCHR opens an investigation. An investigator reviews the allegations and requests a written response from you—the employer. This is called a “Position Statement.” You typically have 30 days to respond, though extensions are sometimes granted.
Your Position Statement is critical. It’s your opportunity to present your side of the story, explain your employment decisions, and provide documentation that supports your defense. The investigator will consider:
- Witness statements from supervisors, coworkers, and the charging party
- Personnel files, performance reviews, and disciplinary records
- Policies, handbooks, and training materials
- Emails, text messages, and other communications
- Any other relevant evidence you produce
The investigator may also request follow-up information, conduct interviews, or visit your workplace. In some cases, the agency will offer mediation a voluntary process where both sides attempt to settle the charge before the investigation concludes. Mediation can save time and expense, but it’s not appropriate for every case.
Without experienced counsel, employers often make critical mistakes during this phase. They provide too much information, make damaging admissions, or fail to produce exculpatory evidence. Once the agency forms an opinion, it’s difficult to change course.
Step Three: The Agency Issues a Determination
After completing its investigation, the agency issues a determination. There are three possible outcomes.
No Cause. The agency finds insufficient evidence to support the employee’s claim. The EEOC or FCHR dismisses the charge and issues a “Right to Sue” letter (also called a “Notice of Dismissal and Notice of Rights”). The employee can still file a lawsuit in court, but they now have limited time to do so—90 days from receiving the EEOC’s Right to Sue letter, or one year from receiving the FCHR’s notice under Fla. Stat. § 760.11(7).
Cause. The agency finds reasonable cause to believe discrimination occurred. For FCHR cases, this leads to conciliation efforts or a public hearing before an administrative law judge. For EEOC cases, the agency may attempt conciliation or file a lawsuit on the employee’s behalf (though this is rare). If conciliation fails, the employee receives a Right to Sue letter and can proceed to court.
Closure for Administrative Reasons. Sometimes the agency closes a case without making a determination perhaps because the employee failed to cooperate, the charge lacked specificity, or the agency prioritized other cases. The employee still receives a Right to Sue letter.
Step Four: The Right to Sue Letter and Potential Litigation
The Right to Sue letter is the gateway to federal or state court. Once issued, the employee has a narrow window to file a lawsuit. If they do, you’re now defending a civil action where discovery is broad, depositions are routine, and trial is a real possibility.
At this stage, the stakes escalate dramatically. Employment discrimination cases can result in significant damages, including back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorney’s fees. Florida employers may also face liability under Fla. Stat. § 760.11(5) for these remedies.
Many employers assume that a “No Cause” finding protects them. It doesn’t. The employee can still sue, and the agency’s determination is not binding on a court. Judges and juries review the evidence fresh. A poorly handled investigation or weak Position Statement can haunt you at trial.
Why You Need Legal Counsel From Day One
The moment you receive an EEOC or FCHR charge, you should contact an employment defense attorney. Here’s why.
Preserve your defenses. Anything you say in your Position Statement can be used against you in court. An attorney knows how to present your case persuasively without making admissions or waiving defenses. We understand which facts matter, which documents to produce, and how to frame your narrative.
Avoid costly mistakes. Employers often respond emotionally, produce irrelevant information, or fail to meet deadlines. These missteps can turn a defensible case into a liability nightmare. Counsel ensures your response is timely, complete, and strategic.
Explore settlement opportunities. Not every charge should go the distance. An experienced attorney evaluates whether early settlement makes business sense and negotiates terms that protect your interests. We also know when to fight and when to resolve.
Prepare for what’s next. Even if the agency dismisses the charge, litigation may follow. By involving counsel early, you build a record that strengthens your defense at trial. We gather evidence, interview witnesses, and develop a strategy before the case becomes a lawsuit.
What to Do Next
If your business receives an EEOC or FCHR charge, don’t wait. Contact Onias Law immediately. We represent Florida employers in all stages of employment discrimination matters from initial agency charges through trial. We’ll protect your rights, preserve your defenses, and guide you through every step of the process.
Call our Fort Lauderdale office at 754-209-2417 or visit oniaslaw.com to schedule a consultation. Time matters, and we’re here to help.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Onias Law, P.L. or its attorneys. Every legal matter is fact-specific; you should consult a licensed Florida attorney before acting on anything in this article.
© Onias Law, P.L. — Marlon Onias, Esq., Florida Bar No. 103927.