Defining the Hourglass: When Is a Claim Under the Florida Civil Rights Act Time Barred?

In 1992, the Florida Civil Rights Act (FCRA) changed the rules for filing a claim under the Human Rights Act. This article will focus on the time limit for filing a lawsuit under the FCRA. The Florida Commission on Human Relations must decide if there is a case of discrimination within 180 days. If they don’t make a decision in that time, the person who filed the complaint can still go ahead with their lawsuit. But there’s a question about whether they have to follow the time limits set by the law for filing the lawsuit or if they can use the general time limits for filing a lawsuit. This question is being decided by the Florida Supreme Court. In the Joshua v. City of Gainesville case, the court ruled that claimants must file a lawsuit within one year, even if they are waiting for a determination from the commission. This decision was based on previous cases such as Milano v. Moldmaster, Inc. and Adams v. Wellington Regional Medical Center, Inc. The court said that using the word “may” in the law doesn’t change the one-year limit for filing a lawsuit. Two courts have different opinions on how long someone has to file a lawsuit under the FCRA. Some people think it’s one year, while others think it’s four years. This causes confusion for people who want to sue their employer for discrimination. Some people argue that the time limit should depend on when the commission responds to a claim, while others think the claimant should know the time limit and not wait for the commission. A discussion of laws and fairness is needed to figure out the best solution. The Milano court looked at a case called Lewis v. Conners Steel Co. to decide that a person should not have a flexible deadline for filing a claim under the FCRA, which is a law about credit reporting. This case was similar to a law called Title VII, which also has a deadline for filing a claim. The court said that the FCRA doesn’t need an official decision like Title VII does, and a person can go ahead with their claim if the commission doesn’t respond within 180 days. People who support both sides of the FCRA deadline argument could use the Lewis case to help their point. But the court didn’t say what the law was supposed to do in this situation. In the case of Hullinger v. Ryder Truck Rental, Inc., the court said that the plaintiff’s age discrimination claim had to be filed within four years instead of two years. But now, with changes to the law, the time limit is one year. Some people say this doesn’t give enough notice to plaintiffs, while others argue that it’s clear and fair. Both sides have valid points. There’s a dispute between an employee and their employer about a law called the FCRA. The law uses words like “may” and “shall,” which can be confusing. The employee says that “may” means they have a choice, while the employer says that “may” means they have to do something. Both sides have arguments, but in the end, they both have to follow the rules of the law, even if it’s confusing. The FCRA sets out a process for dealing with civil rights violations. If the commission doesn’t find reasonable cause for the claim, the person can request a hearing within 35 days. If they don’t, the claim is barred. If the commission doesn’t make a decision within 180 days, the person can proceed as if there was reasonable cause. Final orders of the commission can be reviewed by a court. The law has a lot of deadlines for taking action, which can be confusing and seem unnecessary. The use of the word “may” in the law doesn’t necessarily mean that a person can take their time filing a claim. The state commission has the power to make rules to help people understand their options and the time limits for filing a claim under the law. If the commission doesn’t improve how they communicate with people, the Florida Supreme Court will have to decide on the time limits for filing a claim. It’s up to the commission to make things clearer for everyone. A Florida law, called §760.11, covers discrimination claims. If someone thinks they’ve been discriminated against, they can file a claim with the state commission. If the commission finds discrimination, they can decide what should happen. If the commission doesn’t make a decision within 180 days, the person can ask the court to help. There have been court cases about how long someone has to file a claim if the commission takes too long, and the court said the time starts when the 180 days are up. Meenu T. Sasser is a lawyer at a law firm in West Palm Beach, Florida. She helps with legal cases about business and intellectual property.

Source: https://www.floridabar.org/the-florida-bar-journal/defining-the-hourglass-when-is-a-claim-under-the-florida-civil-rights-act-time-barred/