Carolina Rose Matamoros v. Broward Sheriffs Office

2 F.4th 1329
Court of Appeals for the Eleventh Circuit·Decided June 25, 2021·No. 19-13448·Published·Cited by 32 cases

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

No. 19-13448

D.C. Docket No. 0:18-cv-62813-RS

CAROLINA ROSE MATAMOROS, Plaintiff-Appellant,

versus

BROWARD SHERIFF’S OFFICE, Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Florida

(June 25, 2021)

Before JILL PRYOR, NEWSOM, and MARCUS, Circuit Judges. NEWSOM, Circuit Judge:

The Florida Civil Rights Act forbids employers from “discriminat[ing]

against any individual . . . because of such individual’s . . . handicap[.]” Fla. Stat.

§ 760.10(1)(a). Carolina Matamoros alleged that her former employer, the Broward Sheriff’s Office, violated the FCRA by discriminating against her not because of any “handicap” of her own, but because of her association with her son, who suffers from severe asthma. Finding no support for that sort of “associational discrimination” claim in the FCRA’s text or prior court decisions, the district court dismissed it, and the court later granted summary judgment to the Sheriff’s Office on Matamoros’s other claims under the FCRA and the federal Family and Medical Leave Act.

On appeal, Matamoros challenges both the dismissal of her associational-

discrimination claim and the district court’s grant of summary judgment on the others. As to the former, Matamoros candidly asks us to work “a change in the law” and hold that the FCRA prohibits associational discrimination. We must decline; accepting her invitation would take us well beyond a federal court’s limited role in interpreting and applying state law. We also hold that the district court properly rejected Matamoros’s other claims. Accordingly, we affirm.

I

A

Carolina Matamoros began working for the Broward Sheriff’s Office as a communications operator in January 2010. Her son suffered from severe asthma, and in March 2016 she took FMLA leave to care for him. Later, Matamoros

learned that a part-time position had opened up. She requested that position but didn’t get it. Matamoros then filed an internal grievance, which was denied. She then requested additional FMLA leave, which the Sheriff’s Office refused. Although the Sherriff’s Office ended up giving Matamoros a part-time position, it took several kinds of disciplinary action against her, ostensibly because she kept missing work. Eventually, the Sheriff’s Office initiated an internal-affairs investigation into her attendance issues.

The investigation went a long way toward explaining Matamoros’s attendance problems—it revealed that she had taken another job, despite her sworn statement that she hadn’t done so. In one year, Matamoros had worked more for her other employer than for the Sheriff’s Office, and on 17 occasions, she had called in sick or taken sick leave from the Sheriff’s Office while going to work at her other job. Following the investigation, the Sheriff’s Office suspended Matamoros without pay for two months.

Alleging that she had been subject to disparate treatment because of her son’s disability, Matamoros filed a charge with the Equal Employment Opportunity Commission. While that charge was pending, the Sheriff’s Office denied another request for FMLA leave and suspended Matamoros yet again. Matamoros also received a negative performance review. The EEOC then

dismissed Matamoros’s charge. A third suspension followed. Finally, the Sheriff’s Office terminated her.

B

Matamoros sued the Sheriff’s Office under the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, and the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601. Specifically, her complaint alleged that the Sheriff’s Office interfered with her rights under the FMLA by suspending her (Count I), discriminated and retaliated against her because of her association with her disabled son in violation of the FCRA (Counts II and III), and retaliated against her in violation of the FMLA (Count IV). The Sheriff’s Office moved to dismiss Counts II, III, and IV. The district court granted that motion in part, dismissing Count II because, it held, the FCRA didn’t support an associational-discrimination claim. But the court denied the balance of the motion to dismiss.

The Sheriff’s Office then sought and obtained summary judgment on the remaining counts. With respect to Count III, the FCRA retaliation claim, the district court determined that Matamoros had failed to establish a causal nexus between the filing of her EEOC charge and her termination. In particular, the court emphasized that “there is no record evidence that the ultimate decisionmakers knew about” her EEOC charge. With respect to Count IV, the FMLA retaliation claim, the court held that Matamoros had failed to show that the Sheriff’s Office’s

proffered reasons for taking adverse actions against her were pretextual. In so holding, the court relied in part on the undisputed fact that Matamoros had worked another job and yet stated under oath that she had no other employment. And with respect to Count I, the FMLA interference claim, the court concluded that Matamoros had failed to show that she was entitled to FMLA leave because she hadn’t worked enough hours to qualify for leave that year.

This is Matamoros’s appeal.

II

We are presented with four issues. The first—and most important—is whether the FCRA prohibits discrimination based on a plaintiff’s association with a disabled individual. In the light of the statute’s plain language—particularly when contrasted with that of the Americans with Disabilities Act, which references associational-discrimination claims expressly—we hold that it does not. We also hold that the district court correctly granted the Sheriff’s Office summary judgment on Matamoros’s FCRA retaliation, FMLA retaliation, and FMLA interference claims.1

1 Each issue gets de novo review. See Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1056–57 (11th Cir. 2007) (order on Rule 12(b)(6) motion); Stansell v. Revolutionary Armed Forces of Colombia, 704 F.3d 910, 914 (11th Cir. 2013) (interpretation of a statute); Kernel Records Oy v. Mosley, 694 F.3d 1294, 1300 (11th Cir. 2012) (order on summary judgment).

A

We begin with Matamoros’s associational-discrimination claim under the FCRA. To recap, Matamoros argues that the Sheriff’s Office discriminated against her because of her association with her son, who has severe asthma and (all seem to agree) thus has a “handicap” within the meaning of the FCRA. She contends that the FCRA provides for such claims.

The FCRA’s plain language forecloses Matamoros’s position. The FCRA forbids employers from “discriminat[ing] against any individual . . . because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.” Fla. Stat. § 760.10(1)(a). As relevant here, the key words are “discriminat[ing] against any individual . . . because of such individual’s . . . handicap.” Id. (emphasis added). Stated differently, the Florida legislature forbade employers from discriminating against an individual with a disability because of that individual’s disability. But again, Matamoros doesn’t claim to have any disability herself. Instead, she says that because her son does, her association with him brings her within the FCRA’s ambit. But the provision at issue says nothing about individuals associated with people with disabilities. So,

as we read it, the FCRA’s text provides no basis for Matamoros’s associational- discrimination claim. 2 Of course, “state courts are the ultimate expositors of state law,” Mullaney v.

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Carolina Rose Matamoros v. Broward Sheriffs Office, 2 F.4th 1329 (11th Cir. 2021).

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