The Equal Employment Opportunity Commission (EEOC) plays a crucial role in enforcing federal laws that protect employees and job applicants from workplace discrimination. But, not all unfair treatment at work qualifies as discrimination under EEOC guidelines and/or applicable law.

Understanding what types of discrimination fall under the EEOC’s purview is essential for both employees considering filing a complaint and employers striving to maintain a lawful workplace.

What is Workplace Discrimination?

Federal law defines employment discrimination as disparate or unequal treatment based on a person’s protected characteristics.

The EEOC enforces several laws that prohibit discrimination, including:

• Title VII of the Civil Rights Act of 1964 (Title VII)
• The Age Discrimination in Employment Act (ADEA)
• The Americans with Disabilities Act (ADA)
• Genetic Information Nondiscrimination Act (GINA)

Discrimination manifests in several forms in the workplace, including:

• Unfair hiring or firing practices.
• Denial of promotions or training opportunities.
• Harassment or hostile work environments.
• Unequal pay or benefits

Understanding “Protected Classes” in EEOC Complaints

It’s also important to understand which personal characteristics are protected under federal law when filing an EEOC complaint.

The following are examples of “protected classes” that could form the basis for a workplace discrimination claim under federal law.

• Race: Unfair treatment based on an individual’s racial background, skin color, or perceived race.
• Religion: Mistreatment based on an individual’s sincerely held religious beliefs or religious practices.
• Sex: Inequitable treatment based on an individual’s sex, including pregnancy.
• National Origin: Unjust treatment based on an individual’s country of origin or ancestry.
• Age: Unfavorable actions based on an individual’s age (40 years of age or older under federal law).
• Disability: Unfair treatment based on an individual’s physical or mental impairment (or perceived impairment) that substantially limits one or more major life activities.
• Genetic Information: Adverse actions based on an individual’s genetic tests, genetic tests of family members, or family medical history.

The law prohibits companies from making adverse employment decisions or engaging in harassment based on the above categories.

Recognizing how the law protects you is necessary when determining whether your experience qualifies as unlawful discrimination.

The EEOC Complaint Process

If you believe you have been discriminated against at work, the first step is to contact an employment law attorney. Your lawyer can guide you through the following steps in the EEOC complaint process:

1. File a Charge of Discrimination: Your lawyer can help you file a charge of discrimination with the EEOC within 300 days of the alleged discriminatory act under federal law if you are in Florida, which is referred to as a deferral state.
2. EEOC Investigation: Once the charge is filed, the EEOC will generally investigate your claim. Your lawyer can assist you in cooperating with this investigation and may also suggest engaging in mediation if the EEOC offers it as a potential resolution method and if it is appropriate based on the circumstances.
3. EEOC Findings and Action: At the conclusion of the investigation, or upon the request of a party, the agency may issue a Dismissal and Notice of Right to Sue. Your lawyer can help you understand this notice and decide whether to proceed with a private action in court. It is critical that you act timely upon receipt of this Notice.

It’s important to note that you can also file a complaint with the Florida Commission on Human Relations (FCHR) under Florida state law.

This agency enforces the Florida Civil Rights Act, which provides similar protections to federal law and, in some instances, additional protections. There are also local ordinances that provide protection to employees, such as the Miami-Dade County Code.

Qualifying Factors for an EEOC Complaint

Not all treatment in the workplace qualifies as employment discrimination. Your situation must meet specific criteria to file a valid EEOC complaint. For example:

• Employers must have at least 15 employees (20 for age discrimination cases) under some federal statutes.
• You must be a member of a protected class (e.g., based on race, sex, age, etc.).
• You must have experienced an adverse employment action (e.g., termination, demotion, harassment).
• You must have evidence to support your claim of discrimination.

Florida-Specific Considerations

In addition to federal protections, the Florida Civil Rights Act (FCRA) prohibits discrimination in employment based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

Filing prerequisites

FCRA complaints apply to employers with 15 or more workers in a defined period, and you must file your complaint with the FCHR within 365 days of the alleged discriminatory act.

Cross-claim actions

When filing an EEOC complaint in Florida, you can “dual-file” with the FCHR, meaning both agencies will potentially investigate your complaint. This move may benefit you because you protect your federal and state employment rights in one action.

Working with a Florida employment law attorney is advantageous when dual-filing complaints under both federal and state law.

An experienced attorney can help you meet critical deadlines and will represent your interests throughout the investigation and potential litigation processes.

Common Concerns About Filing EEOC Complaints in Florida

What if my employer has fewer than 15 employees?

When companies have fewer than 15 employees, federal employment laws may not cover the discriminatory act. However, you may have protections under local laws, such as the Miami-Dade County Code, which only requires five workers for particular claims.

Can I file an EEOC complaint anonymously?

NO. You must disclose your name and accusations to your employer during the EEOC investigation process.

What if I missed the deadline to file a complaint?

If you missed the applicable deadline to file suit under federal law, you may still be able to file a complaint with the FCHR, which has a 365-day deadline. However, it’s best to consult an employment law attorney to discuss your options.

How long does the EEOC investigation process typically take?

The length of an EEOC investigation depends on the case’s complexity and the agency’s workload. Some cases are resolved within a few months, while others may take over one year.

Taking Action Against Workplace Discrimination in Florida

Filing a complaint with an administrative agency such as the EEOC is not only a legal requirement, but it holds employers accountable for discriminatory practices.

You can approach the process more confidently and clearly by understanding what qualifies as an EEOC complaint and the specific rules for Florida employees.

Work with an experienced Florida employment law attorney at BT Law Group for guidance and support when filing your EEOC complaint.

Schedule a confidential case review today to discuss your options and learn more about your rights under the employment laws.