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