To report an employer for unfair treatment in Florida, the right agency depends on the issue: discrimination/harassment/retaliation complaints typically go to the Florida Commission on Human Relations (FCHR) and/or the Equal Employment Opportunity Commission (EEOC), while unpaid wage claims can be reported to the U.S. Department of Labor (DOL). Miami workers may also have a local option through the Miami-Dade Commission on Human Rights (CHR).
At BT Law Group, PLLC, Miami employment lawyers Jason D. Berkowitz and Anisley Tarragona help workers report unfair treatment through the proper channels and build strong cases against employers who violate the law. If you have experienced discrimination, harassment, retaliation, or wage violations, BT Law Group’s employment attorneys can guide you through the complaint process and represent you in negotiations or litigation. Our team serves employees throughout Miami-Dade County, Broward County, and Palm Beach County.
This guide explains what qualifies as unfair treatment under Florida and federal law, which agencies handle which types of claims, the deadlines for filing complaints, and what protections exist against employer retaliation. Call BT Law Group, PLLC at (305) 507-8506 to speak with an attorney about your case.
What Qualifies as Unfair Treatment in the Workplace in Florida?
Unfair treatment in the workplace can take many forms, but not every negative experience at work is illegal. Under the Florida Civil Rights Act (FCRA), Florida Statutes § 760.10, and federal laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), employers cannot discriminate against employees based on protected characteristics. These include race, color, national origin, religion, sex, pregnancy, age, disability, and marital status.
Florida law provides protections that are similar to federal law but adds marital status as a protected category. The FCRA applies to employers with 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year. This means smaller employers may not be covered under the FCRA, though local laws, such as Miami-Dade County’s Human Rights Ordinance, may still provide protections.
Unfair treatment can also include harassment that is severe or pervasive enough to create a hostile work environment. Sexual harassment, such as unwanted physical contact, inappropriate comments, or requests for sexual favors, is one of the most commonly reported forms. Retaliation against employees who report discrimination or participate in investigations is also unlawful under both Florida and federal law.
Common Examples of Unlawful Workplace Conduct
Discriminatory practices are not always obvious. Some examples include:
- Refusing to hire, promote, or train an employee because of a protected characteristic
- Paying employees differently based on race, sex, or another protected category
- Denying reasonable accommodations for employees with disabilities
- Enforcing grooming or dress code standards that disproportionately affect certain groups
- Terminating or disciplining an employee for reporting illegal activity or filing a complaint
Personality conflicts, general rudeness, or dissatisfaction with management decisions are typically not actionable unless they are tied to a protected characteristic or violate a specific employment law.
Key Takeaway: Under Florida Statutes § 760.10 and federal laws like Title VII and the ADA, employers cannot discriminate based on protected characteristics such as race, sex, age, disability, or marital status. Harassment and retaliation are also unlawful. Not all negative workplace experiences qualify as illegal unfair treatment.
How Do You File a Complaint with the FCHR in Florida?
The Florida Commission on Human Relations (FCHR) is the state agency responsible for enforcing the FCRA. If you believe your employer has discriminated against you based on a protected characteristic, you can file a complaint directly with the Commission. Filing is free, and you do not need an attorney to submit a complaint, though legal representation can strengthen your case.
To file, you must submit a signed and verified complaint within 365 days of the alleged discriminatory act. The FCHR accepts complaints online, by mail, by fax, or in person at its office in Tallahassee. You will need to provide your contact information, your employer’s name and address, a description of the discriminatory events, the basis for the discrimination, and the dates the events occurred.
After the FCHR accepts your complaint, it notifies your employer and requests a response. The agency may offer mediation. If the case does not resolve, the FCHR proceeds with a formal investigation.
What Happens After the FCHR Investigation?
At the conclusion of its investigation, the FCHR issues a determination. If the agency finds reasonable cause to believe discrimination occurred, it attempts to resolve the matter through conciliation. If conciliation fails, you may request a formal hearing before an administrative law judge or receive a right-to-sue letter to proceed in court.
If the FCHR finds no reasonable cause, you may still have options. You can request a redetermination or proceed to court within one year, depending on the circumstances. An experienced employment attorney can advise you on the best course of action after receiving a determination.
Key Takeaway: You have 365 days to file a discrimination complaint with the FCHR. The process includes investigation, possible mediation, and a determination of reasonable cause. If the FCHR finds cause, it pursues conciliation. If not, you may still have the right to file a lawsuit.
Employment Law Attorney in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz earned his J.D., cum laude, from the University of Miami School of Law in 2008 and his B.A. from Tufts University in 2003. Before launching BT Law Group, Jason was a partner in the Miami office of a national labor and employment firm where he represented management exclusively, including many Fortune 100 companies.
He is admitted to practice in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. Jason litigates cases in federal and state courts involving discrimination, harassment, retaliation, wrongful termination, and wage and hour disputes under laws including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the ADA, Title VII, the FCRA, and the Florida Whistleblower Act.
Anisley Tarragona, Esq.
Anisley Tarragona is a Miami-based litigator focused on resolving employment disputes and protecting workers’ rights. She earned her J.D. from the University of Miami School of Law in 2007 and her B.S.B.A. from the University of Central Florida in 2004.
Before launching BT Law Group, Anisley practiced in the Miami office of a national labor and employment law firm representing management exclusively. That experience gives her unique insight into how employers and their attorneys approach workplace disputes.
Born and raised in Cuba, she is fluent in Spanish and frequently advises Spanish-speaking clients. She is admitted to practice in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.
How Do You File a Charge with the EEOC?
The Equal Employment Opportunity Commission enforces anti-discrimination laws, including Title VII, the ADA, the ADEA, and the Genetic Information Nondiscrimination Act (GINA). If your employer has 15 or more employees (or 20 or more for age discrimination claims), you may file a charge of discrimination with the EEOC.
In Florida, you generally have 300 days from the date of the alleged discriminatory act to file a charge with the EEOC. This extended deadline applies because Florida has a state agency, the FCHR, that enforces a law prohibiting the same type of discrimination. Without a state agency, the federal deadline would be 180 days.
What Happens After Filing an EEOC Charge?
After you file a charge, the EEOC typically notifies the employer and may offer mediation. If the charge is not resolved early, the EEOC may investigate and, in some cases, try conciliation. If the EEOC closes the case and issues a Notice of Right to Sue, you generally have 90 days to file a lawsuit in federal court.
Florida charges filed with the FCHR are typically dual-filed with the EEOC under a work-sharing agreement, meaning you generally do not need to file separately with both agencies to preserve rights under both state and federal law.
BT Law Group can help you prepare and file your EEOC charge. Call (305) 507-8506 to get started.
Can You File a Complaint with Miami-Dade Human Rights?
In addition to state and federal agencies, Miami workers may be able to file a discrimination complaint with the Miami-Dade Commission on Human Rights (CHR) at 111 NW 1st Street, 21st Floor, Miami, FL 33128. The CHR enforces the Miami-Dade County Human Rights Ordinance, Chapter 11A of the County Code, which prohibits discrimination in employment based on many of the same characteristics covered by state and federal law.
The Miami-Dade ordinance offers broader protections than the FCRA in some areas and includes additional protected categories such as sexual orientation, gender identity or expression, source of income, and status as a victim of domestic violence, dating violence, or stalking. For employment cases, you must file within 180 days of the alleged discriminatory act.
Filing with the CHR can be a strategic option for workers whose employers are too small to fall under FCHR or EEOC jurisdiction, or who want to take advantage of the broader protections the county ordinance provides. The CHR also works closely with the EEOC and FCHR to process claims efficiently.
How Do You Report Wage Law Violations in Florida?
If your employer has failed to pay minimum wage, overtime, or other wages owed to you, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD enforces the Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, recordkeeping, and child labor.
Overtime rules for most workers in Florida are governed by the FLSA. Under this law, most non-exempt employees are entitled to overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek.
You can file a wage complaint with the WHD online, by phone, or by visiting a local office. Unlike discrimination claims, there is no requirement to file an administrative complaint before going to court. You may choose to file a lawsuit directly, either individually or as part of a collective action with other affected employees.
Filing Deadlines for Wage Claims
The statute of limitations for wage claims under the FLSA is generally two years from the date of the violation. If the violation was willful, meaning the employer knew or showed reckless disregard for the law, the deadline extends to three years.
These deadlines apply on a rolling basis. This means each missed paycheck or unpaid overtime period has its own deadline. Acting quickly helps preserve claims for the maximum amount of back wages.
Key Takeaway: You can file a wage complaint with the DOL’s Wage and Hour Division or go directly to court. The FLSA allows two years to file a claim (three years for willful violations). There is no requirement to exhaust administrative remedies before suing for unpaid wages.
What Evidence Should You Gather Before Filing a Complaint?
Strong documentation is essential to any employment law claim. Before filing a complaint with any agency, take time to collect and preserve evidence that supports your case. The quality of your documentation can significantly affect the outcome of an investigation or lawsuit.
When possible, keep detailed records of the following:
- Dates, times, and locations of discriminatory, harassing, or retaliatory incidents
- Names of all individuals involved, including witnesses
- Copies of relevant communications such as emails, text messages, and memos
- Performance evaluations, disciplinary records, and any changes in job duties or pay
- Your own written account of each incident, recorded as close to the event as possible
Store this documentation outside of the workplace. If your employer controls your work email or files, copies kept on a personal device or in a secure location can prevent the loss of critical evidence. Be cautious about using company devices or networks to store or transmit personal legal documents.
If your complaint involves wage violations, gather pay stubs, time records, employment agreements, and any written communications about your pay rate or schedule. These records help establish the amount of wages owed and whether the violation was ongoing.
BT Law Group can help you identify what evidence you need and how to preserve it. Call (305) 507-8506 to discuss your situation.
What Protections Exist Against Employer Retaliation in Florida?
Both Florida and federal law make it illegal for employers to retaliate against employees who report unfair treatment or participate in protected activity. Retaliation can include termination, demotion, suspension, pay reduction, schedule changes, or any other adverse action taken because an employee exercised a legal right.
Under the FCRA, Florida Statutes § 760.10(7), it is unlawful for an employer to discriminate against an employee for opposing a practice made unlawful by the FCRA or for participating in a complaint, investigation, or hearing. Federal laws including Title VII, the ADA, and the ADEA contain similar protections.
The Florida Private Sector Whistleblower Act, Florida Statutes § 448.102, provides additional protections for private-sector employees who report violations of law. Under this statute, an employer with 10 or more employees may not take retaliatory action against an employee who discloses illegal activity to a government agency, provides information during an investigation, or refuses to participate in unlawful conduct.
How to Protect Yourself from Retaliation
If you experience retaliation after reporting unfair treatment, document the retaliatory actions the same way you documented the original incidents. Note dates, the nature of the adverse action, and any communications from your employer. A timeline showing the close connection between your complaint and the adverse action can be powerful evidence of retaliation.
You may file a separate retaliation claim with the FCHR, EEOC, or through the courts. Retaliation claims can succeed even if the underlying discrimination claim does not, as long as you reasonably believed the conduct you reported was unlawful.
Filing Deadlines at a Glance
Missing a filing deadline can permanently bar your claim. The table below summarizes the key deadlines for reporting unfair treatment in Florida.
| Agency | Type of Claim | Filing Deadline |
|---|---|---|
| FCHR | Employment Discrimination | 365 days from the alleged discriminatory act |
| EEOC | Employment Discrimination | 300 days (with state agency cross-filing) |
| Miami-Dade CHR | Employment Discrimination | 180 days from discriminatory act |
| DOL Wage and Hour Division | Unpaid Wages (FLSA) | 2 years (3 years if willful) |
Legal Help in Reporting Unfair Treatment in the Workplace
Dealing with unfair treatment at work is stressful, especially when you are unsure which agency to contact or what deadlines apply. The complaint process involves specific procedural requirements, and mistakes can delay or weaken your claim.
Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC represent employees in discrimination, harassment, retaliation, and wage disputes throughout Miami-Dade County and Florida. Both attorneys previously represented management at a national employment law firm, giving them direct insight into how employers approach these cases. BT Law Group, PLLC handles filings with the FCHR, the EEOC Miami District Office, and the Miami-Dade CHR.
Call BT Law Group at (305) 507-8506 for a confidential consultation. Our office is located at 3050 Biscayne Blvd, Suite 205, Miami, FL 33137, with appointments also available at 700 S Rosemary Ave, Suite 204, West Palm Beach, FL 33401. BT Law Group, PLLC serves employees across Miami-Dade, Broward, and Palm Beach counties.
