Providing Developments & Insight on Trending Topics in Employment Law

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Providing Developments &amp; Insight on Trending Topics in Employment Law

On May 22, 2026, Governor Ron DeSantis signed into law amendments to the Florida Civil Rights Act (“FCRA” or the “Act”) that, among other things, clarify when an aggrieved person must bring a lawsuit against an employer in cases where the Florida Commission on Human Relations (“FCHR” or the “Commission”) fails to make a timely determination as to whether there is reasonable cause to believe there has been discrimination.&nbsp; The new law (HB 1407), which was passed unanimously by both houses of the Florida legislature, attempts to harmonize the FCRA’s statute of limitations with the realities of how charges of discrimination are filed with, and investigated by, state and federal civil rights agencies.

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The FCRA prohibits employment discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. Generally speaking, a person claiming to have been discriminated against in violation of the Act must file an administrative complaint with the FCHR within 365 days of the alleged violation. &nbsp;In lieu of filing a complaint with the FCHR, a charging party may “dual file” with the Equal Employment Opportunity Commission (“EEOC”) or with any county, local, or municipal fair-employment-practices agency (“FEPA”), seeking relief under both federal and state or local anti-discrimination laws. The date the complaint is filed with the Commission for purposes of the FCRA is the earliest date of filing with the EEOC, the FEPA, or the FCHR itself.&nbsp; Once the administrative complaint is filed, it will be investigated by one of the above-mentioned agencies pursuant to a work-sharing agreement between those agencies.&nbsp;

If within 180 days after the administrative complaint is filed, the FCHR determines that there is reasonable cause to believe that discrimination occurred, the “aggrieved person” has one year to file a lawsuit alleging the violation of the FCRA raised in the administrative complaint.&nbsp; If the Commission finds that there is no reasonable cause, then the aggrieved person is limited to proceeding with an administrative hearing, which (unlike civil lawsuits) is non-jury and provides limited relief.&nbsp; Lastly, when the Commission fails to make any determination within 180 days, the aggrieved person has one year to file a lawsuit from receipt of a notice from the FCHR stating that it had been unable to determine whether there was reasonable cause.&nbsp;

Confusion over the one-year statute of limitations in the case of reasonable cause determinations by the FCHR (or the Commission’s failure to timely reach such determinations) has plagued parties in situations where the Commission has not investigated the matter but instead deferred to the EEOC.&nbsp; In Florida, the EEOC historically has not rendered reasonable cause determinations within 180 days (if at all).&nbsp; Instead, it will typically issue a Notice of Right to Sue without a substantive determination as to the merits of its investigation (with the FCHR never touching the administrative complaint). Similarly, even when the FCHR has undertaken the responsibility to conduct the investigation, parties have complained that it has been tardy sending out notices of the expiration of the 180-day period.&nbsp; &nbsp;&nbsp;

HB 1407 provides that when the FCHR determines there is reasonable cause to believe a discriminatory practiced occurred, or the EEOC issues a Notice of Right to Sue in connection with a dual-filed complaint alleging violations of both state and federal anti-discrimination laws, the aggrieved person may file a civil action with respect to the alleged FCRA violation no later than one year after <strong><em>the earlier</em></strong> of the: (a) date of the Commission’s determination of reasonable cause (as provided in the existing Act); or&nbsp; (b) issuance of a Notice of Right to Sue by the EEOC.&nbsp; If the FCHR does not make a reasonable cause determination or the EEOC does not issue a Notice of Right to Sue within 180 days after the administrative complaint’s filing, a lawsuit alleging an FCRA violation may be commenced no later than 18 months after the administrative complaint’s filing.&nbsp; The law takes effect on July 1, 2026.<a href="#_ftn1" id="_ftnref1">[1]</a>

Nothing in the Act impacts a party’s ability to bring a claim under federal anti-discrimination laws, which provide separate procedural requirements.&nbsp; Clarification of when parties can bring lawsuits under the FCRA, however, is important to employees claiming discrimination, and the employers that must defend such claims.&nbsp; For instance, because the FCRA provides for unlimited compensatory damages (versus capped damages under Title VII or the ADA, or no such damages under the ADEA), many plaintiff-side lawyers prefer to file lawsuits alleging violations of the FCRA in state court rather than federal lawsuits alleging violation of Title VII, the ADEA, or the ADA.&nbsp; In addition, many plaintiff-side lawyers prefer the more informal, less labor-intensive litigation format in state court over the more formalistic, paper-driven method of litigation in federal courts.&nbsp;

BakerHostetler has a strong group of employment lawyers in Florida that litigate in federal and state court constantly.&nbsp; Feel free to reach out to our Orlando-based Labor and Employment Team with any questions or concerns.

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<a href="#_ftnref1" id="_ftn1">[1]</a> HB 1407 also eliminates the requirement that the FCHR send respondents copies of charges and the Commission’s determinations via registered mail.

Florida Clarifies the Statute of Limitations for Filing a Lawsuit Under the State Civil Rights Act