Received an EEOC Charge? Get Employer-Side Counsel Right Away

An EEOC or Florida Commission on Human Relations charge is a complaint that an employee or applicant files with a government agency. It accuses your company of discrimination or retaliation. It is not a lawsuit yet, but it starts deadlines you need to track from day one. This guide walks business owners and managers through the notice, the response, and mediation. If you need an EEOC charge attorney for employers in Florida, this page explains what that help covers. KEW Legal serves businesses from offices in Coral Gables and Sunny Isles Beach.

What an EEOC or FCHR Charge Is

A charge is a formal complaint that describes what happened and who did it. Two agencies handle most charges in Florida. The Florida Commission on Human Relations (FCHR) enforces the Florida Civil Rights Act of 1992.

Under Fla. Stat. § 760.10, it is unlawful for an employer to discriminate because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

A complaint can be filed with the FCHR or the EEOC. Read the notice closely to see which agency issued it.

Owners, HR staff, and managers usually answer for the company. Those are the people who need to act fast.

Deadlines You Need to Know Right Away

The response date printed in the notice is the first date to calendar. Mark it the day the notice arrives.

A missed date can weaken your position. Which date controls in your case depends on the facts, including when the alleged act happened.

What to Do in the First Days After a Notice Arrives

Your first job is to protect the facts and control who speaks for the company.

• Preserve records. Send a written instruction telling staff not to delete emails, texts, schedules, or files tied to the employee. Include work messages on personal phones.
• Gather key files. Pull the personnel file, every version of the handbook and policies, pay and schedule records, reviews, and messages about the decision.
• Name one point person. Route every agency contact and internal discussion about the charge through one designated person and counsel.
• Avoid retaliation. Under Fla. Stat. § 760.10, an employer, employment agency, joint labor-management committee, or labor organization may not discriminate against any person because that person opposed an unlawful practice under this section or made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under this section. Review any change in pay, schedule, duties, or discipline with counsel first.
• Call counsel early. Talk with a lawyer before any written response goes out.

The Position Statement and the Agency Investigation

The position statement is the company’s written account of the facts and the reasons for each decision. It shapes how the agency reads the case.

Keep these points in mind:

• Match the documents. Every fact in the statement must line up with your records. Later testimony gets compared against it, and inconsistencies hurt credibility.
• Organize what you send. Label documents by date and name, send only what was requested, and keep a copy of everything.
• Answer follow-up questions carefully. Investigators may ask for more information or clarification. Answer what was asked, and nothing more.
• Review your handbook. Under Quaker Oats Co. v. Jewell, handbook policies usually do not create enforceable contract rights unless they say so clearly. Still, your handbook shapes how the facts look. Make sure your written policies match what you actually do.

Mediation, Settlement, Dismissal, and Next Steps

Mediation gives both sides a chance to talk through the dispute with a neutral third party. Under Fla. Stat. § 44.405, except as provided in that section, mediation communications are confidential.

Settlement talks carry their own protection. Under Fla. Stat. § 90.408, an offer to compromise a disputed claim is inadmissible to prove liability or the value of the claim. Even so, speak through counsel so every statement is deliberate.

Outcomes vary.

Each dismissal or finding carries different steps, and no one can predict how a specific matter will end.

Common Charge Types and How Employers Respond

Most charges fall into a few groups. Each one needs its own proof.

• Discrimination. State law covers race, color, religion, sex, pregnancy, national origin, age, handicap, and marital status. Your response should show the reasons for each decision, with records.
• Harassment. These claims say workplace conduct was unwelcome and tied to a protected trait. Your policies, complaint records, and any investigation notes become central.
• Retaliation. These claims say the company punished someone for complaining or taking part in a proceeding. Timing and documentation will be scrutinized.
• Retaliation protections for employees. Under Fla. Stat. § 448.102, an employer may not take any retaliatory personnel action against an employee because the employee objected to, or refused to participate in, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation, or because the employee provided information to, or testified before, an appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
• Wrongful termination. An at-will employee may be let go at any time. But not for a reason the law prohibits, such as retaliation or unlawful discrimination, as stated in Laguerre v. Palm Beach Newspapers.

How KEW Legal Handles EEOC and FCHR Charges for Employers

KEW Legal is a Florida business law firm. It acts as outside general counsel for business owners and investors across Miami-Dade, Broward, and South Florida. The firm handles employment matters for employers, including agency charges. It has offices in Coral Gables and Sunny Isles Beach.

Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also a lawyer at the firm. Our team supports the work with the records, deadlines, and communications a charge requires.

For an employer, the work usually includes:

• Reviewing the notice to confirm the agency, the claims, and every deadline
• Setting up preservation steps and a document collection plan
• Drafting and reviewing the position statement
• Handling communications with the agency
• Representing the company in mediation

Every matter is different, and no outcome can be promised. If a charge notice just reached your company, call 305-990-2300 or send us a message.

Frequently Asked Questions