If, after investigation, the Commission on Human Rights (CHR) Director finds that Probable Cause exists to believe that the Charging Party was the victim of illegal discrimination, a finding of Probable Cause will be issued and the CHR will attempt to conciliate the matter. Whenever discrimination is found, the goal is to put the victim of discrimination in the same position (or nearly the same) that he or she would have been in if the discrimination had not occurred.
Conciliation is a voluntary process that involves ensuring that the Charging Party is made whole and that the Respondent stops the illegal activity. If a Conciliation Agreement is reached, the CHR will ensure that the provisions of the agreement are fulfilled. If a Conciliation Agreement cannot be reached and the Respondent did not request an appeal, the CHR’s determination becomes final and the Charging Party may pursue further remedy through a private action in Court.
However, the Respondent also has the right to appeal the director's determination if they do not agree with it. The Respondent must file a timely request for appeal within 15 days (20 days for housing cases) of receipt of the CHR Director’s determination. If the Respondent also agrees to conciliation, the appeal will be tolled until the conciliation can take place. If a conciliation agreement cannot be reached, the case will go before the CHR Hearing Panel or a Hearing Officer.
No Probable Cause
If the CHR Director determines that no Probable Cause exists to believe that the Charging Party was a victim of illegal discrimination, a finding of No Probable Cause will be issued.
The Charging Party has a right to appeal the finding if they do not agree with it. The Charging Party must file a request for an appeal within 15 days (20 days for housing cases) of receipt of the Director's determination. Appeal requests must be filed in person or via certified mail – appeal requests made by telephone, e-mail or facsimiles will be not accepted.
Requesting a Right to Sue Letter
Under Title VII, the ADA, and Article IV of Chapter 11A (employment), a Charging Party must file a charge of discrimination with the CHR, and dispose of their administrative remedies, prior to filing a lawsuit in federal or circuit court. However, after a case has been filed with our agency for at least 180 days, a Charging Party may request a Notice of Rights to Sue, in writing. Upon the issuance of the notice, the Charging Party can take their case to court.
Under the ADEA, a Charging Party does not need to exhaust their administrative rights or request a Notice of Rights to Sue. They may file a lawsuit in federal court 60 days after their case is filed with our agency.
Under Article II of Chapter 11A (Housing), a Charging Party does not need to exhaust their administrative rights or request a Notice of Rights to Sue. If they chose, they may file a lawsuit in circuit court within two years from the date of the alleged discriminatory practice.
Once a Charging Party receives a Notice of Right to Sue, they must file a lawsuit within 90 days. This deadline is set by law. If you don't file in time, you may be prevented from going forward with your lawsuit
Human Rights and Fair Employment PracticesErin A. New
Stephen P. Clark Center
111 NW 1st Street,
Miami, FL 33128