RHONDA DAVIS
v.
FLORIDA DEPARTMENT OF CORRECTIONS, JULIE L. JONES, SECRETARY

Fla. 5th DCA | 2019-11-08
No. 18-2745
Scaglione, J., Evander, C.J., Harris, J., Jacobus, B.W., Senior Judge
Florida District Court of Appeal, Fifth District (2019)

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Holding

A retaliation claim under the Florida Civil Rights Act cannot be pursued in court without first being administratively exhausted through the EEOC when no other properly raised judicial claim exists to which the retaliation claim may attach.


Headnotes

[1] A retaliation claim under the Florida Civil Rights Act must be administratively exhausted through the Equal Employment Opportunity Commission before being pursued in cour…

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Key Quotes

“A district court, however, may not consider a retaliation claim that was not first administratively exhausted where no other properly raised judicial claim exists to which the retaliation claim may attach.”

Citation to Basel v. Sec'y of Def., 507 F. App'x 873, 876 (11th Cir. 2013), supporting the requirement of administrative exhaustion for retaliation claims.

Facts & Procedural History

Rhonda Davis filed a claim for sexual discrimination with the EEOC and subsequently dismissed that claim in court, leaving only a retaliation claim. D…

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Per_curiam
Per Curiam

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

RHONDA DAVIS,

Appellant,

v. Case No. 5D18-2745

FLORIDA DEPARTMENT OF

CORRECTIONS, JULIE L. JONES, SECRETARY,

Appellee.

________________________________/

Opinion filed November 8, 2019

Appeal from the Circuit Court for Hernando County, Donald E. Scaglione, Judge.

Shaina Thorpe, of Thorpe & Thorpe, P.A., Tampa, for Appellant.

Thomas M. Gonzalez and Nathan J. Paulich, of GrayRobinson, P.A., Tampa, for Appellee.

PER CURIAM.

AFFIRMED. See Buade v. Terra Grp., LLC, 259 So. 3d 219, 222-23 (Fla. 3d DCA 2018) (holding appellant failed to exhaust administrative remedies for retaliation claim under Florida Civil Rights Act where appellant filed only claim for sexual discrimination with Equal Employment Opportunity Commission and subsequently dismissed claim for

2 sexual discrimination in court, leaving only retaliation claim); see also Basel v. Sec’y of Def., 507 F. App’x 873, 876 (11th Cir. 2013) (“A district court, however, may not consider a retaliation claim that was not first administratively exhausted where no other properly raised judicial claim exists to which the retaliation claim may attach.”).

EVANDER, C.J., HARRIS, J., and JACOBUS, B.W., Senior Judge, concur.


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