Florida Clarifies FCRA Statute of Limitations
Recently, Governor Ron DeSantis signed a bill that clarifies the state’s statute of limitations for Florida Civil Rights Act (FCRA) claims. The legislation is designed to fix a longstanding confusing point about the deadline. Notably, the FCRA is the key state law for workplace discrimination cases. In this article, you will find a more comprehensive overview of the law.
Know the Law: Florida Civil Rights Act Claims Start With an Administrative Complaint
The Florida Civil Rights Act (FCRA) is the primary state law that prohibits employment discrimination in Florida. It protects employees and applicants from discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, and marital status.
As with other employment law claims, it is subject to a strict deadline. Before a worker can bring a civil lawsuit under the FCRA, he or she generally must first file an administrative complaint with the Florida Commission on Human Relations (FCHR). The complaint must be filed within 365 days after the alleged discriminatory act.
Note: That administrative exhaustion requirement is critical. A missed administrative filing deadline can prevent an employee from later pursuing a state-law discrimination claim in court.
The Problem: Confusion Over When the One-Year Lawsuit Deadline Begins
For years, the difficult question was not simply whether an employee had to file with the FCHR. The harder issue was when the later lawsuit deadline started to run. Under prior law, an employee generally had one year after a reasonable cause determination by the FCHR to file a civil action. However, many employment discrimination charges are dual-filed with the Equal Employment Opportunity Commission (EEOC). In those cases, the EEOC may issue a Notice of Right to Sue before the FCHR takes final action. That created litigation over whether the EEOC notice triggered the state-law FCRA deadline. Florida courts did not treat that issue uniformly, leaving both employers and employees uncertain about when an FCRA lawsuit became time-barred.
The New Rule: EEOC Right-to-Sue Notices Matter
HB 1407 clarifies that a civil action under the FCRA must be filed no later than one year after the date of the FCHR’s reasonable cause determination or the issuance of a Notice of Right to Sue from the EEOC, whichever occurs first. That is a major procedural clarification. In practical terms, a claimant cannot safely ignore an EEOC right-to-sue notice while waiting for separate FCHR action. Once the EEOC issues the notice, the state-law FCRA clock may begin to run. Employees, employers, and their counsel should track both agencies closely because the operative deadline may now be tied to whichever agency acts first.
Additional Point: The amendment also addresses what happens when there is no timely agency action. If the FCHR does not make a determination and the EEOC does not issue a Notice of Right to Sue within 180 days after the administrative complaint is filed, the complainant may bring a civil action no later than 18 months after the filing of the complaint.
Get Help From a Florida Employment Lawyer
Employment law is complicated. If you have any questions or concerns about the FCRA or workplace discrimination claims more broadly, professional help is available. Contact a Florida employment attorney for a fully confidential, no obligation consultation.
