Employment & Labor Law
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EMILIO AZOY vs. MIAMI-DADE COUNTY
16 Fla. L. Weekly Fed. D609a
Plaintiff, an Hispanic male employed by county, filed a complaint alleging he was retaliated against for filing an internal complaint and EEOC complaint in violation of Title VII. Defendant moved for summary judgment alleging Plaintiff failed to establish prima facie case of retaliation for engaging in statutorily protected activity because Plaintiff's internal complaint was not statutorily protected activity under the participation clause and did not meet the requirements under opposition clause. The district court held that the participation clause protected proceedings and activities which occurred in conjunction with or after filing of a formal EEOC charge and did not include participating in the employer's internal investigation conducted apart from the EEOC formal charge. Moreover, plaintiff
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