Florida Appellate Court Clarifies Accrual of Employment Discrimination Claims Dually Filed with EEOC and FCHR

The trial court entered summary judgment in favor of the employer, who argued that the employee’s disability discrimination claim was time-barred as it was filed 483 days after receiving the Equal Employment Opportunity Commission (EEOC)’s right-to-sue letter, instead of one year thereafter pursuant to Section 760.11(8). Here, the charge was dually filed with the EEOC and the Florida Commission on Human Rights (FCHR). The FCHR failed to complete its statutory and ministerial duty of notification and certification regarding whether or not it finds there is reasonable cause to determine discrimination occurred. 

The First District Court of Appeals reversed the trial court’s decision, certifying conflict with the Fourth District Court’s decision in Aleu v. Nova Southeastern Univ., Inc., 357 So. 3d 134 (Fla. 4th DCA 2023), and held that the EEOC right-to-sue letter does not serve as FCHR notice under Section 760.11(8)(b). The First District Court concluded that the employee’s case was not time-barred because a civil cause of action does not accrue until the FCHR issues its statutory reasonable-cause notice. Ultimately, the District Court ruled that without the requisite closure notice from the FCHR, administrative remedies are not yet exhausted, and so the one-year timeframe to file a civil suit does not yet commence.
 

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