Administrative Pitfalls of Litigating under the Florida Civil Rights Act

Authors

Kenneth M. Curtin, Ruden, McClosky, Smith, Schuster & Russell

First Page

523

Document Type

Article

Abstract

Under the common law in Florida, an employee hired for an indefinite period of time was considered an employee-at-will and either party could terminate the employment at any time and for any reason without incurring liability. The Florida Civil Rights Act of 19922 ("FCRA") modified the common law in that, the FCRA created a cause of action for unlawful termination. The FCRA was patterned after Title VII of the Federal Civil Rights Acts of 1964 and 1991, as well as the Age Discrimination in Employment Act.' Nevertheless, differences abound between federal legislation and the FCRA, especially in regards to administrative remedies. These differences can cause confusion in litigating under the FCRA. The first section of the paper will discuss the background of the FCRA and its relationship with federal legislation. This section will examine various and often conflicting canons of interpretation that can be employed in interpreting the FCRA. The second section will identify various pitfalls of litigating under the FCRA, including administrative filing deadlines and the effect of dual filing. This section will discuss opposing case precedent in an attempt to reconcile the case law and highlight the pitfalls.

Recommended Citation

Kenneth M. Curtin, Administrative Pitfalls of Litigating under the Florida Civil Rights Act, 13 St. Thomas L. Rev. 523 (2001).
Available at: https://scholarship.stu.edu/stlr/vol13/iss2/4