This Blog is a resource provided by the Disability Law Committee of the Florida Bar. We welcome your participation. Marc Dubin, Esq., Chair of the Committee, can be reached at mdubin@pobox.com and at 305-896-3000. He is available for consultations.

Saturday, February 24, 2007

How Do I File a Complaint with the EEOC?

Filing a Charge of Employment Discrimination

Who Can File a Charge of Discrimination?

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

How Is a Charge of Discrimination Filed?

A charge may be filed by mail or in person at the nearest EEOC office.

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Information Must Be Provided to File a Charge?

The complaining party's name, address, and telephone number;

The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;

A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
The date(s) of the alleged violation(s).

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.

These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.


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You may also consider contacting the Advocacy Center for Persons with Disabilities, Inc., Florida's Protection and Advocacy Program for people with disabilities, which has a very active employment discrimination program.

Contact Corey Hinds at c.hinds@advocacycenter.org or Steve Howells at SteveH@advocacycenter.org.

You may also wish to contact the Florida Commission on Human Relations, which investigates job discrimination complaints:

Florida Commission on Human Relations or
Human Relations Commission


2009 Apalachee Parkway
Suite 100
Tallahassee, FL 32301
1-800-342-8170
850-488-7082

The Florida Bar refers to attorneys statewide who specialize in employment discrimination law:
The Florida Bar - for Lawyer Referral List
650 Apalachee Pkwy.
Tallahassee, FL 32399-2300
1-800-342-8060
(850) 561-5600



To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.