How to File a Sexual Harassment Claim in Florida

Filing a sexual harassment claim in Florida requires following specific procedures with either the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC)—or both. Before you can file a lawsuit in court, you must first exhaust these administrative remedies. Understanding the process, deadlines, and what to expect can help you protect your rights and build the strongest possible case.

This guide walks you through every step of filing a sexual harassment claim in Florida, from initial documentation to final resolution.

Quick Reference: Filing Options

Critical: These are strict deadlines. Filing even one day late can permanently destroy your claim.

Step 1: Decide Where to File

Florida Commission on Human Relations (FCHR)

When to file with FCHR:

• You want the longer 365-day deadline
• You prefer state court for eventual lawsuit
• Your employer is Florida-based
• You want Florida law to apply

Jurisdiction:

• Florida Civil Rights Act (FCRA) claims
• Employers with 15+ employees in Florida
• Discrimination based on sex (including sexual harassment)

Contact FCHR:

• Phone: 850-488-7082 (Tallahassee)
• Website: fchr.myflorida.com{rel="nofollow"}
• Email: [email protected]
• Hours: Monday-Friday, 8:00 AM - 5:00 PM EST

Equal Employment Opportunity Commission (EEOC)

When to file with EEOC:

• You want federal court option
• Your employer operates in multiple states
• You want Title VII protections
• You're within 300-day deadline

Jurisdiction:

• Title VII of the Civil Rights Act
• Employers with 15+ employees (anywhere in U.S.)
• Sex discrimination including sexual harassment

Florida EEOC Offices:

Miami District Office:

• Address: 100 SE 2nd Street, Suite 1500, Miami, FL 33131
• Phone: 1-800-669-4000
• Covers: South Florida

Tampa Field Office:

• Address: 501 E. Polk Street, Suite 1020, Tampa, FL 33602
• Phone: 1-800-669-4000
• Covers: Central and West Florida

Jacksonville Area Office:

• Phone: 1-800-669-4000
• Covers: North Florida

Dual Filing: File with Both

Work-sharing agreement:

• FCHR and EEOC have a "deferral" agreement
• Filing with one often automatically cross-files with the other
• Preserves rights under both state and federal law

Best practice:

• File with FCHR to get 365-day deadline
• Ensure EEOC cross-filing is noted
• Confirm both agencies have your complaint

Verify cross-filing:

• Ask the agency to confirm dual filing
• Get reference numbers from both agencies
• Keep all documentation

Step 2: Gather Your Information and Evidence

Information You'll Need

About you:

• Full name, address, phone number, email
• Social Security number or employee ID
• Current employment status
• Dates of employment

About your employer:

• Full legal name of company
• Address of workplace
• Number of employees (must be 15+ for coverage)
• Supervisor's name and title
• HR contact information

About the harassment:

• Dates of harassment incidents
• Names of harassers
• Detailed description of conduct
• Names of witnesses
• How you were harmed

About your response:

• Dates you reported internally
• Who you reported to
• What happened after you reported
• Any retaliation you experienced

Evidence to Collect

Documentary evidence:

• Emails or texts with sexual content
• Written complaints you filed
• HR investigation reports
• Company policies on harassment
• Performance reviews (before and after)
• Termination or discipline notices

Witness information:

• Names and contact information
• What each witness observed
• When and where they observed it

Medical evidence:

• Therapy or counseling records
• Medical visits for stress or anxiety
• Prescriptions for mental health treatment

Impact evidence:

• Sick days taken due to harassment
• Changes in work performance
• Communications showing distress
• Lost wages or benefits

Organize chronologically: Create a timeline of all incidents with dates, descriptions, and supporting evidence.

Step 3: File Your Complaint

Filing with FCHR

Three ways to file:

1. Online (fastest):

• Visit fchr.myflorida.com
• Click "File a Complaint"
• Complete online form
• Upload supporting documents
• Submit electronically
• Receive confirmation email

2. By mail or fax:

• Download complaint form from website
• Complete all sections
• Sign and date
• Mail to: FCHR, 4075 Esplanade Way, Room 110, Tallahassee, FL 32399-7020
• Or fax to: 850-488-5291

3. By phone (assistance):

• Call 850-488-7082
• Request complaint form
• Get help completing it
• Mail or fax completed form

What to include:

• Completed charge of discrimination form
• Detailed narrative of harassment
• List of incidents with dates
• Witness names
• Evidence you've gathered
• Your signature and date

Filing with EEOC

How to file:

1. Online through portal:

• Visit eeoc.gov
• Click "File a Charge"
• Create account
• Complete online intake questionnaire
• Upload documents
• Submit

2. In person at EEOC office:

• Schedule appointment: 1-800-669-4000
• Bring all evidence and information
• EEOC staff will help you complete charge
• Sign charge in person

3. By mail:

• Contact EEOC for forms
• Complete charge form
• Mail to appropriate field office
• Include supporting documents

Note: EEOC now prefers online filing through their public portal.

What Information to Include in Your Charge

Your complaint must describe:

Who harassed you:

• Name(s) of harasser(s)
• Job title and relationship to you
• Department or location

What happened:

• Specific incidents with dates
• Sexual conduct or comments
• Physical touching or gestures
• Threats or demands
• Pattern and frequency

When it happened:

• Dates of incidents (approximate if you don't remember exact dates)
• How long harassment continued
• Most recent incident

Where it happened:

• Specific locations (office, worksite, break room)
• Whether on or off company premises

How you were harmed:

• Emotional distress
• Hostile work environment
• Job consequences (termination, demotion, etc.)
• Physical or mental health impacts

What you did:

• Dates you reported internally
• To whom you reported
• Company's response (or lack of response)
• Any retaliation

Be specific: Don't just say "my supervisor harassed me." Describe exactly what was said or done, when, and where.

Step 4: What Happens After You File

FCHR Process

1. Intake and review (1-2 weeks):

• FCHR reviews your charge
• Determines if it has jurisdiction
• May request additional information
• Assigns investigator

2. Employer notification (within days):

• FCHR sends copy of charge to employer
• Employer has 30 days to respond
• Employer provides position statement

3. Investigation (3-12 months):

• Investigator reviews evidence from both sides
• May request additional documents
• May conduct interviews
• Gathers all relevant information

4. Determination:

If reasonable cause found:

• FCHR issues determination that discrimination likely occurred
• Attempts conciliation (settlement negotiations)
• If conciliation fails, you get notice of right to sue

If no reasonable cause:

• FCHR issues determination that no discrimination occurred
• You receive notice of determination
• You can still request administrative hearing or file lawsuit

5. Your options after determination:

Option A: Request administrative hearing before FCHR

• Administrative law judge hears case
• More formal process
• Can result in order against employer

Option B: File lawsuit in circuit court

• You have 1 year from receiving determination
• Can pursue all state law claims
• Jury trial available

EEOC Process

1. Intake and assessment:

• EEOC reviews charge
• May refer to FCHR under work-sharing agreement
• Assigns for investigation or mediation

2. Mediation option:

• EEOC may offer mediation
• Voluntary and free
• Neutral mediator facilitates settlement
• If successful, case resolved
• If unsuccessful, proceeds to investigation

3. Investigation:

• EEOC requests information from employer
• Reviews evidence from both parties
• May conduct witness interviews
• Takes several months to years

4. Determination:

If reasonable cause:

• EEOC attempts conciliation
• Facilitates settlement negotiations
• If conciliation fails, EEOC may sue on your behalf (rare)
• Or issues right-to-sue letter

If no reasonable cause:

• EEOC issues dismissal and right-to-sue letter
• You can still file lawsuit in federal court
• You have 90 days from receiving letter to file

5. Right-to-sue letter:

• Critical: You have only 90 days to file lawsuit after receiving this letter
• Deadline is strictly enforced
• Contact attorney immediately upon receiving letter
• Don't wait until day 89

Step 5: Consider Legal Representation

When to Hire an Attorney

Before filing:

• Attorney can help craft strongest complaint
• Ensure you include all relevant facts
• Preserve all legal claims
• File timely and correctly

During investigation:

• Attorney can respond to agency requests
• Gather and present evidence effectively
• Negotiate with employer
• Protect your rights

After determination:

• Attorney can file lawsuit within deadlines
• Navigate court procedures
• Maximize damages recovery

How Employment Attorneys Work

Contingency fee:

• No upfront fees
• Attorney paid percentage of recovery (typically 33-40%)
• If you lose, you pay nothing
• Employer pays your attorney's fees if you win

Free consultations:

• Most employment attorneys offer free case evaluation
• Discuss your situation and evidence
• Learn about your options and likelihood of success
• Decide whether to hire attorney

Benefits of representation:

• Navigate complex procedures
• Maximize evidence gathering
• Negotiate better settlements
• Litigate if necessary
• Recover full damages

Filing Deadlines: Critical Information

FCHR Deadline: 365 Days

Count from:

• Date of last harassment incident
• Date of termination or other adverse action
• Date of most recent retaliatory act

What happens if you miss it:

• FCHR will dismiss your charge
• You lose FCRA claims
• No exceptions for not knowing the deadline

Calculate carefully:

• Use the actual date, not "approximately"
• Don't count on extensions
• File well before deadline as buffer

Learn more about filing deadlines for sexual harassment claims.

EEOC Deadline: 300 Days

Deferral state rule:

• Florida is a "deferral state"
• You get 300 days instead of 180 days
• Due to EEOC/FCHR work-sharing agreement

Extends to 365 if FCHR-filed:

• Filing with FCHR within 365 days may preserve EEOC rights
• Safest to file with both before 300 days

90-day lawsuit deadline after right-to-sue:

• Strictly enforced
• Cannot be extended
• Act immediately upon receiving letter

Retaliation Protection

You Are Protected

Florida and federal law prohibit retaliation for:

• Filing a charge with FCHR or EEOC
• Participating in harassment investigation
• Testifying in proceedings
• Opposing sexual harassment

Forms of Retaliation

Prohibited actions:

• Termination or demotion
• Pay reduction
• Negative performance reviews
• Hostile treatment
• Threats or intimidation
• Isolation or exclusion

If you experience retaliation:

• Document it immediately
• Report it to FCHR or EEOC
• File amended charge if needed
• Consult attorney
• Retaliation is a separate legal claim

Settlement and Resolution

Settlement Negotiations

Timing:

• Can occur at any point in process
• Before filing (internal resolution)
• During FCHR/EEOC investigation
• After determination but before lawsuit
• During litigation

What employers may offer:

• Monetary compensation
• Reinstatement or transfer
• Policy changes
• Training programs
• Neutral reference

What to consider:

• Strength of your evidence
• Costs and stress of litigation
• Time to resolution
• Certainty vs. risk of trial
• Tax consequences of settlement

Never sign without attorney review:

• Settlement agreements are binding
• May include confidentiality and non-disparagement clauses
• Release of claims is permanent
• Attorney can negotiate better terms

Typical Settlement Components

Financial:

• Back pay (lost wages)
• Compensatory damages (emotional distress)
• Attorney's fees and costs

Non-financial:

• Positive reference letter
• Neutral reference agreement
• Removal of negative records
• Agreement not to contest unemployment

Mutual:

• Non-disparagement clauses
• Confidentiality agreement
• General release of claims

Common Questions

Can I file anonymously?

No. You must provide your name and contact information. However, FCHR and EEOC keep complaints confidential during investigation. Your employer will learn your identity when they receive the charge, as they're entitled to defend against the allegations.

What if I'm still employed? Will filing get me fired?

Retaliation for filing a charge is illegal. However, you should still document everything and be prepared for potential retaliation. If it occurs, report it immediately—retaliation is a separate claim that often results in additional damages.

How long does the process take?

FCHR investigations typically take 6-12 months. EEOC investigations can take 1-3 years. If you proceed to lawsuit, add another 1-3 years. Settlement can occur at any time and often speeds resolution.

What if my employer has fewer than 15 employees?

Neither FCRA nor Title VII apply. You may have limited common law claims (assault, battery, intentional infliction of emotional distress), but harassment protections are much weaker. Consult an attorney about available options.

Can I file directly in court without going through FCHR or EEOC?

No. For discrimination claims under FCRA and Title VII, you must file with FCHR or EEOC first and exhaust administrative remedies. Only after receiving a determination or right-to-sue letter can you file in court.

What if my harassment was years ago?

If more than 365 days (FCHR) or 300 days (EEOC) have passed since the last incident, you're likely barred from filing. Rare exceptions exist for continuing violations or fraudulent concealment, but don't count on them. File within the deadline.

Action Checklist

Immediately:

• Document all harassment incidents with dates and details
• Save all evidence (emails, texts, photos)
• Calculate your filing deadline (365 days from last incident)
• Report harassment to HR or management in writing

Within 30 Days:

• Consult with employment attorney
• Organize all evidence chronologically
• Gather witness contact information
• Request copies of personnel file and policies

Before Deadline:

• Decide whether to file with FCHR, EEOC, or both
• Complete charge of discrimination form
• Attach supporting evidence
• Submit charge and get confirmation
• Keep copies of everything

Finding Legal Help

Free Resources

• FCHR: fchr.myflorida.com{rel="nofollow"} | 850-488-7082
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
• Florida Legal Services: floridalegal.org
• Florida Bar Lawyer Referral: floridabar.org | 1-800-342-8011

Employment Attorneys

Most offer:

• Free initial consultation
• Contingency fee representation
• No fees unless you recover
• Employer pays fees if you win

Related Resources

• Florida Sexual Harassment Law Overview
• Hostile Work Environment in Florida
• Quid Pro Quo Sexual Harassment
• Statute of Limitations for Sexual Harassment Claims
• Florida Workplace Retaliation

Legal Disclaimer

This guide provides general information about filing sexual harassment claims in Florida and is not legal advice. Filing procedures and deadlines are strictly enforced. For advice about your specific situation and to ensure timely filing, consult a licensed Florida employment attorney immediately.

Official Resources:

• FCHR: fchr.myflorida.com{rel="nofollow"} | 850-488-7082
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000