Summary
In Belony, the Fourth District Court of Appeal concluded that the trial court lacked subject matter jurisdiction because the plaintiff failed to exhaust his administrative remedies under the FCRA where his EEOC discrimination charge only alleged a violation of Title VII and did not refer to any state law violation.
Summary of this case from Narvaez v. Fla. Health Scis. Ctr.Opinion
No. 4D2022-3061
11-01-2023
Kreiger BELONY, Appellant, v. NORTH BROWARD HOSPITAL DISTRICT d/b/a Broward Health, Appellee.
Peter M. Hoogerwoerd and Corey L. Seldin of Remer, Georges-Pierre & Hoogerwoerd, PLLC, Coral Gables, for appellant. Matthew D. Stefany of Allen Norton & Blue, P.A., Tampa, for appellee.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE-21-006736.
Peter M. Hoogerwoerd and Corey L. Seldin of Remer, Georges-Pierre & Hoogerwoerd, PLLC, Coral Gables, for appellant.
Matthew D. Stefany of Allen Norton & Blue, P.A., Tampa, for appellee.
Damoorgian, J.
Kreiger Belony appeals the final order dismissing with prejudice his complaint for gender discrimination and retaliation against his former employer, North Broward Hospital District ("Broward Health"). Belongs complaint alleged violations of the Florida Civil Rights Act ("FCRA"). We conclude the trial court correctly dismissed the complaint for failure to exhaust administrative remedies under the FCRA.
The underlying discrimination claim stems from allegations of sexual harassment and retaliation occurring while Belony was employed at Broward Health. Following his termination, Belony filed a charge of discrimination against Broward Health with the United States Equal Employment Opportunity Commission ("EEOC"). On the EEOC Charge of Discrimination form, Belony checked the Fair Employment Practices Agency ("FEPA") box and stated he wanted to file the charge with both the EEOC and the Florida Commission on Human Rights ("FCHR"). In addition to checking the "sex" and "retaliation" discrimination boxes, the charge included a narrative recounting the alleged discrimination which Belony