Investigative Process

Investigative Process:

The investigation of a charge of discrimination commences if the parties are unable to resolve differences during Commission offered mediation or the individual who filed elects the investigative process during the initial assessment phase.

The charge will move through three phases of investigation, including:

Assessment Phase:

• Evaluation of allegations and drafting a charge of discrimination, when appropriate.
• Notification of parties and dual filing with EEOC and the Florida Commission on Human Relations.
• Accessing charge allegations and securing evidence from the parties involved by informal (written and oral requests) or formal (subpoena) means, as appropriate.

Core Investigation Phase:

• Reviewing and analyzing evidence obtained.
• Interviewing the individual who filed the charge and evaluating the charge in light of evidence.
• Conducting on-site visits to the employer's premises and interviewing witnesses, when appropriate

Analysis Phase:

• Analyzing the charge and evidence.
• Drafting a written investigative finding of reasonable cause (reason to believe a violation occurred) or no reasonable cause (information insufficient to substantiate reasonable cause).
• Notifying the parties of the Commission's decision.
• Inviting the parties to participate in conciliation to resolve a charge involving a determination of reasonable cause. Scheduling a hearing if the invitation to conciliate is refused.
  Finalizing resolution / closure of charge.

Charges of discrimination may be resolved during any phase of the investigation if the parties agree to a mutual resolution. Opportunities for resolution will be discussed with the parties throughout various stages of the investigative process. Charges may also be closed if withdrawn or the individual who filed the charge fails to cooperate or requests a Right to Sue Letter after the charge is 240+ days old.