Responding to a Florida Commission on Human Relations Charge

A Florida Commission on Human Relations charge is a complaint that a worker files against an employer for alleged discrimination or retaliation. When a company receives one, a state process starts with fixed deadlines. This page explains the basics of a Florida Commission on Human Relations charge employer defense, the deadlines that matter most, and the usual order of work. It is general information, not advice on your specific file.

What an FCHR charge is and who it applies to

An FCHR charge is an administrative complaint filed with the Florida Commission on Human Relations under the Florida Civil Rights Act of 1992, not a lawsuit. The Act is found in sections 760.01 through 760.11 of the Florida Statutes, plus section 509.092 (Florida Statutes 760.02).

Under Florida Statutes 760.02, an aggrieved person is any person who files a complaint with the Human Relations Commission. The 365-day filing window is set by Florida Statutes 760.11. The complaint must name the employer and describe the violation (Florida Statutes 760.11).

The Act covers employers of a certain size. Under the Act, an employer employs 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A business below that count generally falls outside this definition.

Once a complaint is filed, the Commission investigates. Within 5 days of filing, the Commission sends a copy to the person who allegedly committed the violation. That is usually the first the employer hears of the charge.

Protected characteristics employers need to know

Under Fla. Stat. § 760.10, it is an unlawful employment practice for an employer to discharge or fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. It is unlawful for an employer to discharge, refuse to hire, or otherwise discriminate in pay, terms, conditions, or privileges of employment because of:

• race
• color
• religion
• sex
• pregnancy
• national origin
• age
• handicap
• marital status

(Florida Statutes 760.10)

Retaliation is covered on its own. It is also unlawful for an employer, an employment agency, a joint labor-management committee, or a labor organization to discriminate against a person for opposing an unlawful practice, or for making a charge, testifying, assisting, or taking part in an investigation, proceeding, or hearing. Decisions made after a complaint or charge can draw scrutiny, so the timing and paperwork around them matter.

The same facts may also fall under federal law. A complaint can be filed with the federal Equal Employment Opportunity Commission instead of the Commission, and the earliest filing date counts for state purposes. The EEOC employer guidance explains federal employer duties.

Deadlines that start the defense clock

Under Fla. Stat. § 760.11, a complaint may be filed with the commission within 365 days of the alleged violation, the commission must send a copy of the complaint to the person who allegedly committed the violation within 5 days of the complaint being filed, and that person may file an answer within 25 days of the date the complaint was filed with the commission. Each one is set by statute.

• 365 days: the window for any person aggrieved by a violation to file a complaint with the commission after the alleged violation.
• 5 days: the Commission’s window to send the employer a copy after filing.
• 25 days: the window for the employer to file an answer, counted from the filing date. The answer must be verified and mailed to the person who filed.
• 180 days: the time for the Commission to decide whether reasonable cause exists and to notify both sides. If it does not decide or conciliate within 180 days, the person who filed may proceed as if the Commission had found reasonable cause.

(Florida Statutes 760.11)

Put every date from the notice on a calendar the day it arrives. Under Section 760.11(5), Florida Statutes, a reasonable cause determination by the Florida Commission on Human Relations may not be introduced into evidence in any civil proceeding, including any hearing or trial, except to establish for the court the right to maintain the private right of action.

How KEW Legal defends an employer against an FCHR charge

In a Florida Commission on Human Relations charge employer defense, the first task is preserving records and mapping the deadlines. The usual order of work runs in five steps.

1. Intake and preservation. Review the charge, the notice, and every date. Keep emails, texts, schedules, and personnel files intact.
2. Fact review. Interview decision-makers, gather pay records, reviews, and written policies, and build a timeline.
3. Written response. Prepare the employer’s account, any non-discriminatory reasons, and supporting documents for the answer.
4. Investigation and resolution. Answer requests for information, weigh mediation or settlement, and handle agency questions.
5. Determination and next steps. If the Commission issues a determination, review the options, which may include litigation.

Timelines vary by case. These steps show the usual order of work, not a fixed schedule.

Common employer responses and what we review

A charge review focuses on documents, comparisons, and the timing of decisions. Each file is reviewed on its own facts.

• Written records: performance reviews, attendance logs, and warnings, dated and kept in order.
• Consistent policies: whether the same rule was applied the same way across the workforce.
• Comparators: how similarly situated employees were treated in comparable circumstances.
• Timing: when a complaint or charge came in, compared with any action taken against the employee.

Employee handbooks matter too. Florida’s Fifth District Court of Appeal has held that handbook policy statements do not create enforceable contract rights unless the manual explicitly says it is a separate employment contract (Quaker Oats v. Jewell).

The strength of any defense depends on the documents and facts in the specific file. No outcome can be promised before that review is complete.

Why work with KEW Legal on an employer-side charge

KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. The firm serves business owners and investors across Miami-Dade and South Florida.

The firm acts as outside general counsel for businesses. That means employment questions are reviewed alongside the company’s contracts, commercial leases, and ownership matters, rather than in isolation.

Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also a lawyer at the firm, and the firm has support staff who assist its work.

The firm’s practice focuses on business matters for companies and their owners, including employment law for employers.

Frequently asked questions about FCHR charges

Talk with KEW Legal about the charge in front of you

A notice of charge can arrive without warning, while the business is still running daily operations and watching a deadline. You do not have to work through that alone. Call 305-990-2300, send us a message, or schedule a consultation so our team can review the notice and the response date with you.