- Once the Charging Party formalizes a Charge of Discrimination, the Commission on Human Rights (CHR) will send the Charging Party and Respondent (e.g. employer, business or housing provider) a Notice of Charge and a signed copy of the charge, through certified mail.
- Either party should make sure that they let us know if there is a change in address or phone number throughout the process. Please pick up all certified mail sent by this agency. It is also very important that you respond to telephone calls and e-mails. If the party does not respond, the agency loses contact with the party, or the party fails to cooperate with our investigation, we will assume that the party is no longer interested in participating in the process and the case may be closed for that reason.
- The Respondent is sent a questionnaire (a request for information) about the issues alleged in the charge, along with a copy of the charge. Generally, the Respondent has 20 days to respond to the allegations made in the charge. However, under certain circumstances, the CHR may allow Respondent a reasonable extension of time to submit their position statement.
- If the Respondent fails to respond within the allotted time period, other attempts are usually made to obtain a response, such as warning letters and the issuance of a subpoena.
- After the Respondent submits a response, the Charging Party is scheduled for a rebuttal interview. The Charging Party should bring all relevant documents, names and contact information for witnesses, and be prepared to answer questions about the case and their specific allegations. Please note, the Charging Party has the burden of proof and may be required to provide additional information to establish proof of discrimination, including notarized witness affidavits and/or other documentation.
- Subsequently, relevant witnesses will be contacted if available and necessary. Then all documents will be reviewed and analyzed to make a determination.
- A report will be written outlining the evidence reviewed and legal standards considered in making the determination. The determination and investigative report will be sent to both parties via certified mail.
- The above procedures are subject to change, based upon the specifics of each case.
The amount of time that an investigation takes depends on many factors, including the amount of information that needs to be gathered and analyzed. We are often able to resolve cases much faster through mediation.
Human Rights and Fair Employment PracticesErin A. New
Stephen P. Clark Center
111 NW 1st Street,
Miami, FL 33128