EEOC Investigations in Florida
David Miklas is a proud member of the Association of Workplace Investigators, Inc. (AWI), which is the premiere national professional association for those who conduct workplace investigations.
When a charge of discrimination is filed against an employer in Florida, the EEOC will notify the employer within 10 days. A charge of discrimination does not constitute a finding that your organization engaged in discrimination. It is merely an allegation of discrimination. However, it is very important to take such a charge seriously. The EEOC is authorized to investigate whether there is reasonable cause to believe discrimination occurred.
In many cases, the employer may choose to resolve a charge through mediation or settlement. At the start of an investigation. Mediation and settlement are voluntary resolutions.
During the investigation, the employer and the Charging Party will be asked to provide information. The EEOC investigator will evaluate the information submitted and make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place. The employer may be asked to:
When responding to an EEOC charge of discrimination in Florida, employers are encouraged to present any facts that they believe show the allegations are incorrect or do not amount to a violation of the law. An employer should take all charges of discrimination very seriously and budget adequate time and resources to responding to such charges. Employers should submit a timely response to the EEOC and provide the necessary information to support its response, even if it is believed the charge does not have merit.
In 2015 the average time it took the EEOC to investigate and resolve a charge was about 10 months.
Although an employer may object to EEOC Requests for Information, such objections should have a legal basis and the EEOC is entitled to all information relevant to the allegations contained in the charge, and has the authority to subpoena such information.
Florida employers should keep all documents relevant to responding to an EEOC charge of discrimination, because those documents may be needed later on in the event the employee sues.
Once the investigator has completed the investigation, the EEOC will make a determination on the merits of the charge.
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