Employment & Labor Law
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Woodham v. Blue Cross and Blue Shield of Florida, Inc.
27 Fla. L. Weekly S834 (Fla. Oct. 10, 2002)
African American female plaintiff asserted that she had been passed up for promotion on the basis of her race despite her experience with Blue Cross Blue Shield. She also asserted that her supervisor was purposefully directing assignments to other employees thereby denying her opportunities to earn credits toward promotion. A complaint was filed under the Florida Civil Rights Act jointly with the Florida Commission on Human Relations and the Equal Employment Opportunity Commission. More than (300) days after filing the complaint the plaintiff requested a right to sue letter. The EEOC responded that it was unable to conclude that there had been a statutory violation. BCBS subsequently moved for and was awarded summary judgment. The issue arose as to whether the notice received by the plaintiff from the EEOC acted to bar her from filing a discrimination complaint in circuit court. The Florida Civil Rights Act differs from Title VII in that a "no cause" finding bars subsequent action. However, there must be an actual "no cause" finding. A mere indication that the EEOC was unable to conclude that there had been a statutory violation does not act to bar the plaintiff. Furthermore, the court also held that the Notice issued by the EEOC was not in compliance with 760.11(3) because it was not issued within the statutorily designated time frame. Thus, the plaintiff should have been allowed to proceed with her suit even if the Notice issued by EEOC had clearly indicated a "no cause" finding.
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