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firSt dca certifieS cOnflict On Statute Of liMitatiOnS when fchr failS tO cOnciliate labor & Employment law Section
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receiving the EEOC right-to-sue letter. Big Bend Hospice moved for summary judgment, arguing the claim was time-barred under the one-year limitations period. The trial court agreed and entered summary judgment for the employer. Davis appealed.
The First DCA framed the dispositive question around the interpretation of section 760.11( 8), as amended to codify the limitations framework for FCRA claims following an agency determination. Reading section 760.11 as a whole, the court held that the term“ commission” refers exclusively to the FCHR, not the EEOC. The court found Florida Supreme Court opinion, Joshua v. City of Gainesville, applying the four-year statute of limitation, inapplicable due to the 2020 amendment. Because of the 2020 legislative amendment to section 760.11, the FCHR owes employees a duty to provide notice within 180 days and
failure to do so allows an employee to petition for a writ of mandamus. Because the FCHR never issued notice to Davis, the one-year limitations period was not triggered. The court reversed the summary judgment and reinstated Davis’ FCRA claims.
The First DCA’ s decision directly conflicts with the Second and Fourth DCAs, both of which have construed“ commission” in section 760.11 to include the EEOC for purposes of triggering the one-year period.
In Steak N’ Shake, Inc. v. Ramos, the Second DCA concluded that the statutory use of“ commission” encompassed the EEOC, such that an EEOC right-to-sue letter could start the one-year clock. Likewise, in Aleu v. Nova Southeastern University, Inc., the Fourth DCA held that an EEOC right-to-sue letter sufficed to trigger the FCRA’ s one-year statute of limitations because, in that court’ s view,“ commission” could reasonably be read to include the EEOC in the dual-filing context.
The First DCA certified conflict, inviting Florida Supreme Court review to harmonize the limitations trigger across districts. The Florida Supreme Court will likely address whether the statutory term“ commission” in section 760.11 includes the EEOC in dual-filed cases and if its right-to-sue letter triggers the one-year limitations period. n
Author: Marielly Abzun – Ogletree Deakins mid-year memBership deaL
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