Filing a racial discrimination complaint starts with submitting a Charge of Discrimination to either the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). Under the Florida Civil Rights Act, codified in Chapter 760 of the Florida Statutes, employers with 15 or more employees are prohibited from discriminating against workers based on race or color.
At BT Law Group, PLLC, Miami employment lawyers Jason D. Berkowitz and Anisley Tarragona represent workers who have faced racial discrimination in the workplace. Our firm’s experienced race discrimination attorneys handle these cases from the initial complaint through litigation.
This guide explains what racial discrimination looks like in the workplace, which laws protect you, how to file a complaint with the EEOC or FCHR, what happens during the investigation, and when you may have the right to file a lawsuit. Call BT Law Group at (305) 507-8506 to speak with Jason D. Berkowitz about your situation.
What Is Racial Discrimination in the Workplace?
Racial discrimination occurs when an employer treats a worker unfavorably because of their race, color, or characteristics perceived to be associated with their race. Title VII of the Civil Rights Act of 1964 and the FCRA both prohibit these actions.
Discrimination does not always involve direct statements or obvious acts. It can appear in patterns of behavior, policies that seem neutral but disproportionately affect employees of a certain race, or decisions that lack a legitimate business reason.
Common Examples of Race Discrimination
Racial discrimination at work can take many forms, including:
- Refusing to hire or promote a qualified candidate because of their race
- Paying lower wages or offering fewer benefits to employees of a particular race
- Subjecting workers to racial slurs, offensive comments, or racist images in the workplace
- Enforcing policies that have a disproportionate negative impact on a particular racial group without a legitimate business justification
- Assigning less desirable work shifts, duties, or locations based on race
- Retaliating against an employee who reports racial discrimination or participates in an investigation
Key Takeaway: Racial discrimination includes any employment action where race is a factor in hiring, firing, pay, promotion, job assignments, or working conditions. Both direct evidence and patterns of behavior can support a claim.
What Laws Protect Employees from Race Discrimination?
Workers in Miami may have protection under federal, state, and local law. In addition to Title VII, some race discrimination claims may also arise under 42 U.S.C. § 1981, which protects the right to make and enforce contracts. Florida workers may also have claims under the Florida Civil Rights Act and, in Miami-Dade County, under the county human rights ordinance.
Federal Protection Under Title VII
Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees and is enforced by the EEOC.
Damages under Title VII may include back pay, front pay, compensatory damages for emotional distress, and punitive damages. Combined compensatory and punitive damages are capped based on employer size, ranging from $50,000 for employers with 15 to 100 employees up to $300,000 for employers with more than 500.
The FCRA
The FCRA, codified in Florida Statutes sections 760.01 through 760.11, provides similar protections. It also applies to employers with 15 or more employees and covers discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
Under the FCRA, a successful plaintiff may recover compensatory damages, including damages for mental anguish and loss of dignity. Punitive damages against private employers are capped at $100,000 under state law. One advantage is the longer filing deadline of 365 days, compared to the EEOC’s 300-day limit.
Miami-Dade County Human Rights Ordinance
Workers in Miami-Dade County may also have protections under Chapter 11A of the county code. For employment cases, the ordinance applies to employers with five or more employees within four weeks during the calendar year, which is lower than the 15-employee threshold under Title VII and the Florida Civil Rights Act. Employment complaints must be filed with the county’s Commission on Human Rights (CHR) within 180 days.
| Law | Employer Size | Filing Deadline | Agency |
|---|---|---|---|
| Title VII (Federal) | 15+ employees | 300 days | EEOC |
| FCRA (State) | 15+ employees | 365 days | FCHR |
| Chapter 11A (County) | 5+ employees | 180 days | Miami-Dade CHR |
Key Takeaway: Employees may file racial discrimination claims under federal, state, and local laws. Workers at smaller employers with 5 to 14 employees may still have legal protections under the county ordinance, even when federal and state laws do not apply.
How Do You File a Complaint with the EEOC?
If you experienced racial discrimination at work, you can file a Charge of Discrimination with the EEOC. You may begin the process through the EEOC Public Portal or by calling 1-800-669-4000. In South Florida, the EEOC Miami District Office is located at Miami Tower, 100 SE 2nd Street, Suite 1500, Miami, FL 33131, and appointments are strongly recommended. Because the charge you file can affect your claim, speaking with an employment attorney before filing can be beneficial. A lawyer can help assess the facts, preserve important evidence, and provide guidance during mediation or the EEOC investigation.
What to Include in Your Charge
When filing your Charge of Discrimination, provide your name and contact information, the name and address of your employer, a description of the discriminatory actions, and the dates they occurred. Your charge must be filed within 300 days of the most recent discriminatory act.
After you file, the EEOC will notify your employer and may offer mediation as an alternative to a full investigation. If mediation is unsuccessful or declined, the agency will investigate by requesting documents, interviewing witnesses, and reviewing your employer’s response.
How Do You File a Complaint with the FCHR?
The FCHR is the state agency responsible for enforcing the FCRA. Its offices are in Tallahassee at 4075 Esplanade Way, Room 110. You can file a complaint online at fchr.myflorida.com, by mail, or by fax.
Under Florida Statutes section 760.11, you must file within 365 days of the alleged discrimination. This is 65 days longer than the EEOC deadline, which can be critical if you are approaching the federal filing window.
Your complaint must include your name, address, and phone number, the name and address of your employer, a description of the discrimination, and the date it occurred. Anonymous complaints are not accepted. Your attorney can help compile the necessary information and file the complaint on your behalf. Within five days after the complaint is filed, the FCHR sends a copy of the complaint to the employer by registered mail.
What Happens After You File?
The FCHR and the EEOC may coordinate or cross-file some discrimination complaints.
Once the FCHR receives your complaint, the employer may file a verified answer within 25 days, and the agency generally has 180 days to determine whether there is reasonable cause. During that time, the agency may request documents, conduct interviews, and try to resolve the case through mediation or conciliation.
If the FCHR finds reasonable cause, you may file a civil lawsuit or request an administrative hearing. If the FCHR does not conciliate the matter or make a reasonable-cause determination within 180 days, Florida law allows you to proceed as if reasonable cause had been found, but a civil lawsuit must be filed no later than 18 months after the initial complaint was filed. Because these deadlines are technical, the mailing date of the notice matters.
Contact BT Law Group at (305) 507-8506 to discuss your filing options.
What Evidence Do You Need for a Racial Discrimination Claim?
Building a strong case requires specific, organized documentation. Gathering evidence early can help preserve important details.
Types of Evidence That Support a Claim
Evidence may include written records of discriminatory incidents with dates, times, locations, and the names of anyone who witnessed them. Emails, text messages, or internal communications that reflect discriminatory language or intent can be powerful.
Performance reviews, disciplinary records, and pay stubs may help show that your treatment differed from similarly situated coworkers of a different race. If your employer has a pattern of treating employees of one race differently in hiring, promotions, discipline, or terminations, this may support a disparate treatment or disparate impact claim.
Preserving Your Evidence
Keep lawful copies of relevant records, such as emails, messages, performance reviews, pay records, and your written notes. Store them in a safe place you can access later, and make sure you follow company policy and the law when preserving documents.
If you witnessed or experienced racial slurs, offensive comments, or hostile behavior, write down what happened as soon as possible. Include the exact words used, who was present, and the date and time. These contemporaneous notes carry more weight than memories recalled later.
Key Takeaway: Save records and write down discriminatory incidents promptly, including dates, witnesses, and details.
Employment Discrimination Attorney in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC. He 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 the firm, Mr. Berkowitz was a partner in the Miami office of a national labor and employment firm where he represented management exclusively, including many of America’s Fortune 100 companies. He litigates cases in federal and state courts and before administrative agencies and arbitration tribunals, including the American Arbitration Association (AAA).
He is admitted to practice in Florida and the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, as well as the U.S. Court of Appeals for the Eleventh Circuit. Mr. Berkowitz’s background in representing management gives him insight into the legal strategies often used in employment disputes.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. 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 co-founding the firm, she practiced in the Miami office of a national labor and employment law firm representing management exclusively. Born and raised in Cuba, Ms. Tarragona 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.
Should You Report Discrimination Internally Before Filing?
Deciding whether to report racial discrimination through your company’s internal process depends on your specific situation. In many cases, reporting internally may support your legal claim by showing that you gave your employer an opportunity to address the problem.
Review your employee handbook for procedures on reporting discrimination. Most companies direct employees to notify a supervisor, the Human Resources (HR) department, or a designated compliance officer. Document the report in writing, including the date, the person you notified, and any response you received.
When Internal Reporting May Not Be Advisable
If the person you would report to is engaging in discriminatory actions, or if you have reason to believe reporting will lead to retaliation, an employment attorney can help you evaluate your options before taking that step.
What Happens During the Investigation Process?
After you file a charge with the EEOC or a complaint with the FCHR, the agency begins an investigation.
Agency Investigation
The assigned investigator will request information from both you and your employer. This typically includes personnel files, communications, policy documents, and witness statements. Your employer will submit a position statement explaining its version of events. You may be asked to respond or provide additional details.
Mediation
Both agencies offer mediation as a voluntary alternative to a full investigation. In mediation, a neutral third party helps you and your employer explore a possible resolution. The process is confidential, and nothing said during mediation can be used if the case proceeds to investigation or litigation.
Right-to-Sue Notice
If the EEOC closes the charge and issues a Dismissal and Notice of Rights, you generally have 90 days from receipt of that notice to file a lawsuit under federal law.
Under the FCRA, if the FCHR issues a reasonable cause determination, you generally have one year from that notice to file a lawsuit in state court. If the FCHR does not issue a determination within 180 days, you may proceed as if reasonable cause had been found.
What Damages Can You Recover in a Racial Discrimination Lawsuit?
If your claim leads to a lawsuit and you prevail, you may be entitled to several types of damages. Back pay compensates you for wages and benefits you lost because of the discrimination. Front pay covers future lost earnings when reinstatement is not practical.
Compensatory damages address non-economic harm, including emotional distress, mental anguish, and loss of dignity.
Punitive Damages and Attorney’s Fees
Punitive damages may be available if the employer acted with malice or reckless disregard for your rights. Under Title VII, combined compensatory and punitive damages are capped based on employer size, from $50,000 to $300,000. Under the Florida Civil Rights Act, punitive damages against a private employer are capped at $100,000. A prevailing party may also seek attorney’s fees and court costs.
Key Takeaway: Damages may include back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorneys’ fees. The available amounts depend on whether you file under federal law, state law, or both.
How Can You Protect Yourself from Retaliation?
It is illegal for an employer to retaliate against you for filing a discrimination complaint, participating in an investigation, or opposing discriminatory practices. Retaliation is prohibited under Title VII, the FCRA, and the Miami-Dade Human Rights Ordinance.
Retaliation can take many forms beyond termination. It may include demotion, reassignment to less desirable duties, reduction in hours, exclusion from meetings, negative performance reviews that do not reflect your actual work, or any other action that would discourage a reasonable person from making a complaint.
Documenting and Reporting Retaliation
If you experience retaliation after filing a complaint, document it immediately with specific dates, descriptions, and witnesses. Report the retaliation to the same agency where you filed your original complaint. You may have grounds for a separate retaliation claim, which can sometimes be stronger than the underlying discrimination claim.
Miami Legal Assistance for Workplace Racial Discrimination Claims
Racial discrimination at work affects your livelihood, your dignity, and your career. The process of filing a complaint involves strict deadlines, detailed documentation, and strategic decisions that can significantly affect the outcome.
Jason D. Berkowitz and Anisley Tarragona represent employees in discrimination, retaliation, and wrongful termination cases in federal and state courts. At BT Law Group, our racial discrimination lawyers handle every stage of the process, from filing your initial charge with the EEOC District Office at 100 SE 2nd Street or the FCHR, through investigation, mediation, and litigation in the U.S. District Court for the Southern District of Florida.
Call BT Law Group, PLLC at (305) 507-8506 for a case evaluation. Our office is at 3050 Biscayne Blvd, Suite 205, Miami, FL 33137, with an additional location available by appointment at 700 S Rosemary Ave, Suite 204, West Palm Beach, FL 33401. BT Law Group serves employees throughout Miami-Dade County and Florida.
