firSt dca certifieS cOnflict On Statute Of liMitatiOnS when fchr failS tO cOnciliate labor & Employment law Section Co-Chairs: RaquelJefferson – PhelpsDunbar & YvetteEverhart – SassLawFirm
the first dca certified conflict with recent decisions from the Second and fourth dcas, positioning the florida Supreme court to resolve whether eeOc determinations can trigger the one-year limitations period for florida civil rights act( fcra) claims.
On August 15, 2025, Florida’ s First District Court of Appeals held in Davis v. Big Bend Hospice, Inc. that an Equal Employment Opportunity Commission( EEOC) right-to-sue letter does not satisfy the Florida Commission on Human Relations( FCHR) notice requirement under section 760.11( 8)( b), Florida Statutes. Absent express notification from the FCHR, the court concluded, the one-year statute of limitation, codified in the 2020 legislative amendment, isn’ t triggered. The First DCA certified conflict with recent decisions from the Second and Fourth DCAs, positioning the Florida Supreme Court to resolve whether EEOC determinations can trigger the oneyear limitations period for Florida Civil Rights Act( FCRA) claims.
After her termination, Shazet Davis properly filed a discrimination charge with the EEOC and the FCHR against Big Bend Hospice. The EEOC investigated and issued a right-to-sue letter on August 12, 2021. The FCHR did not issue any notice to Davis. She filed her FCRA lawsuit 483 days after
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