A surge in workplace discrimination complaints in Florida, including a 20% increase statewide in 2022, is prompting employees and legal experts to examine avenues for recourse. The Equal Employment Opportunity Commission (EEOC) received 73,485 new discrimination complaints nationwide in 2022, with Florida accounting for 5,192 of those, the second-highest total among all states.
In Davie, Florida, attorney Michelle Thomann of The Law Office of Michelle Thomann focuses on employment law, representing individuals who have experienced discrimination in the workplace. Thomann’s practice includes cases involving discrimination based on race, color, national origin, religion, disability, pregnancy, age, and marital status – categories protected under the Florida Civil Rights Act.
Employees who believe they have been discriminated against are eligible to file a complaint with the Florida Commission on Human Resources (FCHR) within one year of the discriminatory act. Alternatively, or concurrently, a complaint can be filed directly with the federal EEOC. The FCHR accepts complaints filed online, by mail, by fax, or in person, requiring details about the complainant, the alleged perpetrator, a description of the incident, and the date it occurred. Filing a complaint with the FCHR is free of charge.
The FCHR process involves sending a copy of the complaint to the respondent for a response. Attempts at resolution may include mediation or conciliation. If these efforts fail, the FCHR will conduct a full investigation. Following the investigation, the FCHR will advise the complainant on further legal options, such as administrative hearings or civil court proceedings.
Legal action can be pursued after unsuccessful mediation or following an FCHR investigation that determines a claim is viable. Although there is a one-year statute of limitations for filing a legal claim after an investigation, pursuing a claim quickly is advisable if the FCHR finds probable cause for discrimination. Florida law caps damages in discrimination cases at $100,000, though federal law may allow for higher recovery amounts.
Thomann’s firm also offers legal services related to health care directives, power of attorney, special needs legal planning, gun trusts, and wills and trusts, catering to a broad range of estate planning needs. The Law Office of Michelle Thomann is open Monday through Friday from 8:00 am to 6:00 pm and can be reached at +1 954-761-5265.
