Davis v. State of Florida Department of Children and Family Services
22 Fla. L. Weekly Fed. D 75 (N.D. Fla. 2009) (September)
A DCF employee of West Indian descent filed a claim against several of her supervisors under Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act, Chapter 760, Florida Statutes. She alleged that she faced multiple forms of discrimination at the workplace due to her ethnicity. The Court held the employee’s disparate treatment claims against two supervisors to be untimely because she did not file an administrative charge within 365 days of the alleged violation as required by chapter 760. The Court allowed evidence related to those claims to be considered as part of the employee’s hostile environment claim, but the Court held that even then there was not sufficient evidence to suggest an objectionable working environment. As to the employee’s federal disparate treatment claim, the Court held that the “circumstantial evidence” that the employee put forward was not sufficient to support liability.