Ramos v. Steak N Shake, Inc., 2D22-3465, 2023 WL 8791666 (Fla. 2d DCA Dec. 20, 2023)

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.


Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.