Florida Employers Gain Clearer Claims Timelines Starting July 1 Under Amended Civil Rights Act

Florida lawmakers amended the Florida Civil Rights Act (FCRA) to clarify when and how employees can bring civil actions.

The amendment makes it clear that an Equal Employment Opportunity Commission (EEOC) Notice of Right to Sue triggers the FCRA’s one-year limitations period. This resolves prior ambiguity and a split among Florida appellate courts that left employers uncertain about when employees could file suit. The updates give employers a clear roadmap of when suits can be filed and how they must proceed.

On May 22, Governor Ron DeSantis signed Florida House Bill 1407 (Commencement of Civil Actions), which takes effect July 1. The amendment establishes the following deadlines for filing a civil action under the FCRA:

• Employees must file suit within one year of either of these agency moves, whichever is earlier:
  • • • The Florida Commission on Human Relations (FCHR) determines reasonable cause
      • The EEOC issues a Notice of Right to Sue
• Employees must file suit no later than 18 months after the charge is filed if neither of the following occurs within 180 days of filing the charge:
  • • • The FCHR does not determine reasonable cause
      • The EEOC does not issue a Notice of Right to Sue

The amendment also establishes a clear outer deadline when neither agency acts within the 180-day investigative period. In that circumstance, a claimant must file a civil action within 18 months of the charge filing.

What Does This Change for Florida Employers?

These changes streamline the FCRA’s procedural framework and should reduce disputes over when claimants must file civil actions asserting FCRA claims. Employers should expect more consistent application of filing deadlines, regardless of which agency conducts the investigation.

Please contact Erin Malone or any member of the Phelps Labor and Employment team with questions.