Responding to an EEOC Charge? Get Counsel Involved Early.

What an EEOC or Florida Commission on Human Relations charge means for your business

A charge is a formal complaint that a worker files with a government agency, saying your business discriminated or retaliated against them. The U.S. Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR) both take these complaints, and they often work on the same charge.

A charge is not a lawsuit yet. It can lead to one. The agency sends your business a notice and asks for a written response.

Timing starts early.

This page is for owners, executives, and HR managers of Florida employers who just received a notice. It also helps businesses that expect one after an internal complaint or a termination.

Size matters. The Florida Civil Rights Act defines an employer as a person with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (Florida employer definition). We check whether that test applies to your business during the first review.

What does EEOC charge defense cover?

Working with an EEOC charge defense attorney in Florida means handling every step from the notice to the close of the agency matter. KEW Legal’s lawyers handle the following work for the employer.

• Intake review. We read the notice, the allegations, the named decision-makers, and the response deadline.
• Document hold. We give written guidance to keep emails, texts, personnel files, schedules, and performance records.
• Position statement. The position statement is the employer’s written response to the charge. We draft it and submit it.
• Agency communications. We handle requests for documents, interview scheduling, and follow-up questions from the investigator.
• Settlement review. We help you weigh mediation or an early offer and decide whether it fits your business.
• Findings and next steps. We advise on a cause or no-cause finding, and on a right-to-sue notice where one applies.
• Related documents. Charges often expose gaps in handbooks, separation agreements, or internal investigations. Handbooks are not automatically contracts. Florida courts have held that manual statements create no enforceable contract rights unless the manual contains specific language showing it is a separate employment contract (Florida handbook ruling).

How does the charge response process work?

The process moves through six steps, from the first call to the close of the matter. Each step builds on the facts you share with us.

1. Share the notice. Send us the charge right away. The response date runs from the notice, so nothing should wait.
2. Review the facts. Kristina E. Wilson or Natalie Martinez reviews personnel records, policies, and the timeline with you.
3. Preserve evidence. We advise what to keep, what to stop deleting, and who should avoid discussing the charge internally.
4. Draft the position statement. The response uses verified facts and goes out within the agency’s deadline.
5. Respond on schedule. Information requests, interviews, and mediation invitations are handled in writing and on time.
6. Resolve or escalate. The matter may close through dismissal, mediation, or settlement. It may also continue toward court.

Florida law gives the FCHR 180 days after a complaint is filed to decide whether reasonable cause exists (Florida Civil Rights Act remedies). The person accused of a violation may file an answer within 25 days of the date the complaint was filed with the commission (Fla. Stat. § 760.11), and other deadlines can come from the agency’s requests, so each one needs tracking.

Mediation communications are generally confidential under Florida law, with exceptions (Florida mediation confidentiality law). Florida law also generally bars using an offer to compromise a claim which was disputed as to validity or amount, or relevant conduct or statements made in those negotiations, to prove liability, absence of liability, or the claim’s value (Florida settlement offer rule).

What common charges do Florida employers face?

Most charges against Florida employers allege discrimination, harassment, or retaliation. Each type turns on different facts.

• Discrimination. Florida law makes it unlawful for an employer to discharge or refuse to hire someone, or to discriminate in pay or terms of employment, because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status (Florida unlawful employment practices).
• Harassment. A written policy and a timely, fair response often matter a great deal in these reviews.
• Retaliation. Florida law also bars an employer, an employment agency, a joint labor-management committee, or a labor organization from discriminating against someone because they opposed an unlawful employment practice or took part in an investigation, proceeding, or hearing under this section (Florida unlawful employment practices). The timing of a decision and the stated reason get close review.
• Termination after a complaint. We review the handbook, prior warnings, and how other employees were treated in similar situations.
• Whistle-blower claims. Florida’s private-sector whistle-blower law bars retaliation against an employee who gave information to an agency investigating the employer (Florida whistle-blower protections).
• At-will employment.

The earliest steps matter most. An inaccurate or incomplete position statement can limit options later, so we verify the facts before anything is filed.

Why do South Florida employers work with KEW Legal?

KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. The firm focuses its employment work on employers.

• The firm serves business owners across Miami-Dade and South Florida as outside general counsel.
• Charge defense sits alongside contracts, handbooks, and day-to-day employment questions. The response reflects how your business actually runs.
• Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez also works on employment matters at the firm.
• Our team builds each response from your business’s own documents and stated goals, such as keeping operations running.
• Each charge turns on its own facts and documents, so the firm evaluates each matter individually.

Frequently asked questions

Talk to KEW Legal about your charge now

If your business just received an EEOC or Florida Commission on Human Relations notice, the response clock is already running. Send us the notice so our team can confirm your deadlines and set up a consultation with an EEOC charge defense attorney at KEW Legal. Call 305-990-2300 or send us a message.