Florida Court of Appeals Holds that an EEOC Charge Does Not Need to Specifically Allege the Florida Civil Rights Act to Exhaust Administrative Remedies Prior to Filing a Lawsuit.

Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved party cite to the Florida Civil Rights Act (FRCA) in a charge filed with the EEOC. In October 2017, Steak N Shake hired Ramos as a grill operator. While employed, Ramos had an off-the-job car accident where he sustained a back injury. Ramos’s work schedule was allegedly reduced from 30 hours as a grill cook to six hours as a janitor. He filed a charge of discrimination with the EEOC, which stated the facts but made no mention of the FCRA. The EEOC charge was dismissed, and Ramos subsequently filed a lawsuit, alleging discrimination and retaliation in violation of the FCRA. The Second District held that the trial court erred by granting summary judgment in favor of Steak N Shake and determining that Ramos failed to exhaust his administrative remedies simply because the EEOC charge did not include a citation to the FCRA.

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