Florida Equal Employment Opportunity Commission (EEOC) Attorney
Helping Florida Employees With EEOC Discrimination Charges
When employees in Florida experience workplace discrimination, they have legal rights under the federal Equal Employment Opportunity Commission (EEOC). EEOC charges allow employees to seek compensation for the discrimination they’ve already suffered and prevent their employer from continuing to discriminate against them in the future.
At Yormak Employment & Disability Law, our Florida EEOC charge lawyer, Benjamin Yormak, is one of the few board-certified employment law experts in the state who can offer expert advice and representation to employees interested in pursuing a workplace discrimination charge against their employer. Attorney Yormak has seen a wide range of employment discrimination cases, and he can help guide you through the process every step of the way.
If you’re considering filing an EEOC charge in Florida, contact us for a confidential consultation today.
EEOC Charge Process
The EEOC charge process involves filing a claim with the Equal Employment Opportunity Commission, undergoing an investigation and determining whether to settle or go to court. Below you’ll find an outline of the process.
Filing an EEOC Charge of Discrimination
The first step in the EEOC charge process is to file a charge of discrimination. In general, the charge must be filed within 180 days of the date of the alleged discriminatory act, or 300 days, if there is a state or local agency (like the Florida Commission on Human Relations) that enforces a law that prohibits employment discrimination for the same reason. In Florida, EEOC charges must be filed within 300-days to preserve rights under federal law. When filing an EEOC charge, you will need to provide information about yourself and the company you’re filing against.
Mediation for EEOC Charges
Once a charge is filed, the EEOC may offer mediation as an alternative to a full investigation. Mediation can be used to resolve differences between you and your employer without having to go through the full EEOC charge process. It is a voluntary process and is best described as a “settlement conference.” The decision to mediate or not is optional and if either you or your employer turns down mediation the charge will continue into the investigation process.
Investigating EEOC Charges
Once the EEOC receives your charge, they will investigate it to determine if it has merit. They may request additional information from you during their investigation or contact other parties to get more information about your case. After the investigation is complete, the EEOC will issue a determination letter that outlines whether or not they believe discrimination occurred.
Conciliation and Settlement of EEOC Charges
If the investigation finds that the charges may have merit, they may offer conciliation as an alternative to going to court. Conciliation is another type of settlement conference between you and your employer that can resolve the issue without you having to go through the full litigation and trial process. If both parties agree to the terms of the conciliation agreement, it will become legally binding.
Going to Court for EEOC Charges
If conciliation is not successful, or if you choose not to pursue it, the EEOC may refer your case to the Department of Justice, which will decide whether or not to take legal action against your employer. If they choose to do so, your case will be sent to court, where a judge will decide the outcome.
Requesting a Notice of Right to Sue
If the EEOC has not made a decision on your charge within 180-days, you may request a “Notice of Right to Sue.” This document gives you the right to file a civil lawsuit against your employer on your own. The EEOC may also issue a Notice of Right to Sue following its investigation if it is unable to conclude discrimination occurred.
Remedies for a Successful EEOC Discrimination Charge
If you are successful in your EEOC discrimination charge, there are a number of remedies available to you. The remedies available will depend on your specific situation but may include the following:
- Back pay
- Attorney’s fees
- Expert witness fees
- Court costs
- Compensatory damages
- Liquidated damages
- Punitive damages
At Yormak Employment & Disability Law, we understand how difficult it can be to pursue an EEOC charge in Florida and are here to help guide you through the process.
Contact Us For a Free Consultation
The EEOC charge process can be complicated and intimidating, but it doesn’t have to be. At Yormak Employment & Disability Law, our Florida EEOC charge lawyer Benjamin Yormak is here to guide you through every step of the process and ensure that your rights are protected. If you’ve been discriminated against in the workplace and want to take legal action, contact us today for a confidential consultation.