Employment & Labor Law
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Santini v. Cleveland Clinic Florida, Inc.
28 Fla. L. Weekly D1137
The plaintiff alleged the Clinic discriminated against her on the basis of age and sex. Charges were filed with the local and state agencies. The plaintiff received an Order of Determination from the local agency, which concluded there was no reasonable cause to believe there had been a violation of state or federal law. Included in the order was a statement apprising the plaintiff of her right to file a Petition for Re-determination within 20 days. She did not do so and her claim with the local agency was dismissed. The federal agency adopted the findings of the local board and told the plaintiff of her right to bring a federal discrimination suit in federal or state court within 90 days. She never received a letter of determination from the state agency and therefore never requested a hearing under the Florida Civil Rights Act. The plaintiff then filed this lawsuit in Broward Circuit Court.
The Clinic moved for summary judgment, arguing the plaintiff did not exhaust all of her administrative remedies before filing in state court. The trial court granted the motion, relying on Woodham v. Blue Cross & Blue Shield of Florida, 793 So. 2d 41 (Fla. 3d DCA 2001), which held that a
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