A comprehensive guide to filing discrimination and harassment charges with the Equal Employment Opportunity Commission in Florida
What is the EEOC Process?
The Equal Employment Opportunity Commission (EEOC) process is the mandatory first step for most federal employment discrimination cases. Before you can file a lawsuit in federal court for discrimination based on race, color, religion, sex, national origin, age (40 or older), or disability, you must first file a charge with the EEOC.
In Florida, this process typically takes 6-12 months and provides an opportunity for resolution without going to court. The EEOC investigates your claim and may facilitate mediation between you and your employer.
Contact the EEOC
Schedule an intake interview by phone or visit a Florida EEOC office. You can also submit an online inquiry. During this initial contact, you’ll discuss whether your situation may involve discrimination and if the EEOC has jurisdiction.
File the Charge
Complete and submit Form 5 (Charge of Discrimination) either online, by mail, or in person. Include specific details about the discriminatory actions, dates, witnesses, and how you were harmed. The charge must be signed and sworn to under oath.
EEOC Reviews & Notifies Employer
The EEOC reviews your charge for completeness and legal sufficiency. Your employer is then notified of the charge and must respond with their position statement and relevant documents.
Mediation Option
Both parties may agree to participate in free, voluntary mediation. This confidential process can lead to faster resolution without a formal investigation. About 70% of mediated cases result in settlement.
Investigation (if no mediation/settlement)
The EEOC investigates your charge by reviewing documents, interviewing witnesses, and gathering evidence. You and your employer may be asked to provide additional information during this process.
EEOC Determination
The EEOC issues one of three determinations: Cause (discrimination likely occurred), No Cause (insufficient evidence), or No Determination (closing for administrative reasons). You’ll receive a Notice of Right to Sue in No Cause cases.
Conciliation or Right to Sue
If “Cause” is found, the EEOC attempts conciliation (settlement negotiations). If unsuccessful or if “No Cause” is found, you receive a Right to Sue letter, allowing you to file a federal lawsuit within 90 days.
Critical Deadlines & Requirements
Filing Deadline
You must file your EEOC charge within 300 days of the discriminatory act in Florida (180 days in some cases). Missing this deadline can bar your federal claims forever.
Right to Sue Deadline
Once you receive your Right to Sue letter, you have exactly 90 days to file a federal lawsuit. This deadline is strictly enforced.
Retaliation Protection
It’s illegal for your employer to retaliate against you for filing an EEOC charge or participating in the process.
Continuing Violations
Some types of discrimination (like hostile work environment) may be treated as “continuing violations,” potentially extending filing deadlines.
Florida-Specific Information
Dual Filing
Florida has a Fair Employment Practice Agency (FEPA) agreement with the EEOC. When you file with the EEOC in Florida, your charge is automatically “dual-filed” with the Florida Commission on Human Relations (FCHR), giving you protection under both federal and Florida law.
Extended Deadline
Because Florida has a FEPA agreement, you get 300 days to file (instead of the 180 days in non-FEPA states).
Florida Civil Rights Act
Florida’s anti-discrimination law covers smaller employers (15+ employees vs. federal requirements that often start at 15-20+ employees depending on the type of discrimination).
EEOC Offices in Florida
Contact the EEOC office nearest you to begin the process
Miami District Office
One Biscayne Tower 2 South Biscayne Blvd., Suite 2700 Miami, FL 33131
Tampa Area Office
501 East Polk Street, Suite 1000 Tampa, FL 33602
Jacksonville Area Office
The Riverplace Tower 1301 Riverplace Blvd., Suite 1320 Jacksonville, FL 32207
Online: You can also file charges online at eeoc.gov or call the national number: 1-800-669-4000