RHONDA DAVIS
v.
FLORIDA DEPARTMENT OF CORRECTIONS, JULIE L. JONES, SECRETARY
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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.
[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…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.
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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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.