REGENCY TOWERS OWNERS ASSOCIATION, INC., APPELLANT/CROSS-APPELLEE,
v.
ANNA M. PETTIGREW, APPELLEE/CROSS-APPELLANT, AND FLORIDA COMMISSION ON HUMAN RELATIONS, APPELLEE

Fla. 1st DCA | 1983-07-22
No. AQ-28
ERVIN, C.J., and WIGGINTON, J., concur.
436 So. 2d 266 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 9 cases

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Holding

The court held that the Commission lacked jurisdiction because the employer did not meet the statutory definition of 'employer' requiring 15 or more employees for each working day in 20 or more calendar weeks.


Headnotes

[1] A court's interpretation of a statutory term cannot contradict the statute's plain definition, even if the statute is remedial.

[2] The definition of "employer" under the Human Rights Act of 1977 requires an entity to employ 15 or more employees for each working day in each of 20 or more calendar week…

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Facts & Procedural History

Pettigrew sued Regency Towers for sex discrimination. Regency Towers argued it was not an 'employer' under the Act. The hearing officer found Regency …

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Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

Regency Towers Owner’s Association, Inc. (Regency Towers) appeals an order of The Florida Commission on Human Relations (the Commission) awarding Pettigrew back pay and an attorney’s fee. Pettigrew cross-appeals the amount of the award. We reverse the award to Pettigrew.

Pettigrew was employed by Regency Towers as manager of its condominium apartment building from March 1977 until September 1978. Pettigrew was fired from this position under circumstances which suggested that she was discharged on account of her sex, contrary to the provisions of the Human Rights Act of 1977, §§ 23.161 — 167, Fla.Stat. (the Act). Petti-grew thereafter filed a complaint with the Commission, charging sex discrimination. Regency Towers then moved to dismiss the complaint for lack of jurisdiction, arguing that it is not an “employer” within the meaning of § 23.162(6), Fla.Stat. “Employer” is defined by § 23.162(6) as:

any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, (emphasis added).

In his order denying Regency Towers’ motion to dismiss, the hearing officer made the following findings of fact: [RESPONDENT’S LABOR FORCE DURING 1977]

3. As to the 1977, calendar year, no evidence was presented at hearing to establish that Respondent employed 15 or more employees (or agents) for each working day in each of 20 or more calendar weeks.

[RESPONDENT’S LABOR FORCE DURING 1978]

4. As to the number of persons employed by Respondent during 1978, Respondent employed, during a 25 week period, 15 or more employees — each employee performing actual labor for a period ranging from a portion of one working day to a maximum of 7 working days. (Stipulation of counsel)

5. During 21 weeks of 1978, designated below, Respondent employed 15 or more persons who performed labor services for Respondent either (1) during five days of the designated seven-day work week, or (2) during the weeks immediately preceding and following the designated seven-day work week.... When the total number of days worked by Respondent’s employees during these weeks is divided by the total number of employees working, the average number of days worked by the employees during each working week is calculated to be between 4 and 6 days....

6. During 1978, approximately 16 employees performed labor services for Respondent during periods extending from 18 to 46 weeks....

7. Respondent did not employ 15 or more persons who actually performed labor services for it during each working day in each of 20 or more calendar weeks during 1978....

(Supp. Record, exh. C-2, 3). Neither party disputes the accuracy of these findings of fact.

The hearing officer relied primarily on Pascutol v. Washburn-McReavy Mortuary, 11 Fair Empl.Prac.Cas. (BNA) 1325, (D.Minn.1975), which held a company was an “employer” within the meaning of the Civil Rights Act of 1964, notwithstanding the fact that in no workweek during the pertinent time period did it have, on each working day of the week, an aggregate of 15 or more full and part-time employees on the job, and concluded that his finding of fact number seven was not determinative of the issue. He ruled that Regency Towers was an “employer” under the Act because it had 15 or more employees on its payroll during the pertinent period and because said employees worked an average of four to six days each workweek during the pertinent period. The hearing officer’s findings of fact on the jurisdictional issue and his conclusion that the Commission did have jurisdiction over Regency Towers were incorporated in his recommended order on the merits. His findings were in turn adopted in the final order of the Commission, which also concluded that it had jurisdiction over Regency Towers.

We disagree with the Commission’s finding of jurisdiction. Although we agree with the Commission’s conclusion that the Act is remedial legislation which should be liberally construed in order to effectuate its purpose “to secure for all individuals within the state freedom from discrimination because of ... sex ...” § 23.161(2), Fla. Stat., we also agree with Zimmerman v. North American Signal Company, 704 F. 2d 347 (7th Cir.1983) which declined to follow Pascutoi and held that a court’s interpretation of a statutory term cannot contradict the statute’s definition. The Zimmerman court, in interpreting a definition of “employer” which is set out in the Federal Age Discrimination in Employment Act,1 and which is essentially identical to the definition of “employer” at issue herein, noted:

The Age Discrimination in Employment Act is remedial in nature and should be given liberal interpretation in order to effectuate the purpose of the Act.... Such liberal construction should extend to the definition of employer.... Nevertheless, a court’s interpre tation of the term “employer” cannot contradict the statutory definition.

As a general rule, a court should not construe a statute in a way that makes words or phrases meaningless, redundant, or superfluous.... This Act provides that an employer must have twenty or more employees for each working day of a week before that week can be counted toward the jurisdictional minimum, (emphasis in original)

704 F. 2d at 353, 354. The Commission’s interpretation of the term “employer” renders meaningless the phrases “each working day” and “each of 20 or more calendar weeks” (emphasis added) which are contained in the Act’s definition of “employer.” Although the terms “working day” and “employees” may be subject to interpretation, the term “each” is not.

Our legislature could have chosen to define employer in some manner other than that set out at § 23.162(6), Fla.Stat. It did not, and neither the Commission nor this court is at liberty to selectively disregard portions of the definition the legislature chose to use. Accordingly, this case is reversed with instructions to the Commission to dismiss Pettigrew’s complaint for want of jurisdiction over Regency Towers. Our disposition of the jurisdictional issue renders Pettigrew’s cross-appeal moot.

REVERSED.

ERVIN, C.J., and WIGGINTON, J., concur. . 29 U.S.C.A. §§ 621-634 (1975).


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  • T.M.H. v. D.M.T., 79 So. 3d 787 (Fla. 5th DCA 2011)
    …he marriage or domestic partnership.... ”). Where the legislature could have chosen to write a statute a different way, but did not do so, courts cannot disregard language the legislature chose to use, Regency Towers Owners Association v. Pettigrew, 436 So. 2d 266, 268 (Fla. 1st DCA 1983), or add additional terms, Atlantic Coast Line Railroad Company v. Boyd, 102 So. 2d 709, 712 (Fla.1958). D. The Majority’s Construction of the Term “Donor” is Erroneous Because it Renders the Statutory Exceptions Meaningless…
  • Maura Mena v. Lifemark Hosps. OF Fla., Inc., 50 So. 3d 759 (Fla. 1st DCA 2010)
    …ormed the Hospital into a public accommodation. We think whether an otherwise uncovered establishment “holds itself out as serving patrons” of a covered establishment is a question of fact. See, e.g., Regency Towers Owners Ass’n, Inc. v. Pettigrew, 436 So. 2d 266, 267 (Fla. 1st DCA 1983) (discussing hearing officer’s findings of fact as to the number of “employees” as defined by the previous version of the Act were employed by appellant). The Commission reached a summary conclusion that “[a] hospital offers…
  • Laborers' Int'l Union OF N. Am. v. Myrtice Burroughs, 522 So. 2d 852 (Fla. 3d DCA 1987)
    …ils over a conflicting municipal civil service ordinance). Here, the Florida Legislature refused to extend the prohibitions against employment discrimination to employers employing fewer than 15 persons. See Regency Towers Owners Ass’n v. Pettigrew, 436 So. 2d 266 (Fla. 1st DCA 1983) (condominium which did not have during the pertinent time period an aggregate of 15 or more employees on the job, was not an “employer” within the meaning of the Human Rights Act and therefore Commission lacked jurisdiction over…

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