(narrator) Working in a fair, supportive environment
is all a lot of us want out of life.
Unfortunately, the workplace can sometimes be
a place of inequity.
If you're an independent litigant trying to initiate
a workplace discrimination case,
you can never be too prepared.
And knowing the ins and outs of workplace discrimination laws
is the first step to getting the fairness you deserve.
It is illegal for an employer anywhere in the country
to discriminate on the basis of sex, race, color, religion,
nationality, age, disability, or marital status.
In Florida, you can add people with AIDS or HIV
and sickle cell anemia to the list.
But before a work discrimination claim can be brought to court,
it must first be brought up
with the Equal Employment Opportunity Commission,
or EEOC, which is federal,
or with the Florida Commission of Human Resources, or FCHR,
which is state.
Or with both at the same time.
You have a 365 day time deadline to file with the FCHR,
and 300 days to file with the EEOC
from the date of discrimination.
If either of the agencies don't resolve the issue,
then and only then can you pursue the claim in court.
A lawsuit making a claim under federal anti-discrimination laws
must be filed within 90 days of a notice of right to sue
from the EEOC.
A lawsuit based on the state laws
must be filed within one year of the date the FCHR has issued
a probable cause determination,
or four years from when the discrimination occurred.
Remember that state law claims can be filed in federal court
and vice versa.
And that you can bring both federal and state claims
in one case.
Generally, these federal and state laws
apply to companies with at least 15 employees.
But some only apply to companies with at least 20 employees,
unless the discrimination is about paying men and women
the same salary for equal work.
And that law, the Equal Pay Act,
applies to all companies of any size.
For other types of discrimination, however
if you work for a company with less than 20 employess
it is best to check the law
for the type of discrimination that happened to you.
Incidentally, claims can be based on discrimination
that is less obvious or blatant,
such as inappropriate interview questions
or position reassignment because of pregnancy, for example.
Whatever the discrimination may be,
LegalYou is here to help you steer your case
in the right direction.
LegalYou, where the court room is not just for lawyers.