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FCRA in a dual-filed EEOC charge . In Ramos , the plaintiff filed a charge against their former employer alleging discrimination under the Americans with Disabilities Act of 1990 . 6 Similar to Belony , the plaintiff in Ramos indicated that they wanted to dual-file the charge with both the EEOC and FCHR . 7 In examining Section 760.11 , Florida Statutes , the court emphasized that legislative intent should guide the statutory interpretation , noting that “ If the legislature intended for the statutory language in section 760.11 to require that the aggrieved party specifically allege in the complaint that his or her claims were under the FCRA , it could have said so , but it did not .” 8 Accordingly , the Second District Court of Appeal held that an employee is not required to cite the FCRA in their discrimination charge as that requirement is simply not found in the statute ’ s language . 9
While the Ramos court certified conflict with Belony , it remains to be seen where the Florida Supreme Court will land . Consequently , employment attorneys should be mindful of this conflict whether defending or prosecuting discrimination claims . n
1
374 So . 3d 5 ( Fla . 4th DCA 2023 )
2
Id . at 6 .
3
Id .
4
Id . at 8 .
5
375 So . 3d100 ( Fla . 2d DCA 2023 ).
6
Id .
7
Id .
8
Id .
9
Id .
Author : Sarah A . Naccache – Sass Law Firm
M A y - J u N 2 0 2 4 | H C B A L A W y E R
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