Carter v. HEALTH MANAGEMENT ASSOCIATES

989 So. 2d 1258, 2008 WL 4180337
CourtDistrict Court of Appeal of Florida
DecidedSeptember 12, 2008
Docket2D07-4438
StatusPublished
Cited by13 cases

This text of 989 So. 2d 1258 (Carter v. HEALTH MANAGEMENT ASSOCIATES) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. HEALTH MANAGEMENT ASSOCIATES, 989 So. 2d 1258, 2008 WL 4180337 (Fla. Ct. App. 2008).

Opinion

989 So.2d 1258 (2008)

Tammi J. CARTER, Appellant,
v.
HEALTH MANAGEMENT ASSOCIATES, d/b/a Bartow Memorial Hospital, Appellee.

No. 2D07-4438.

District Court of Appeal of Florida, Second District.

September 12, 2008.

*1260 Mark F. Kelly, Robert F. McKee, and Melissa C. Mihok of Kelly & McKee, P.A., Tampa, for Appellant.

Hala Sandridge of Fowler White Boggs Banker, P.A., Tampa, and Denise L. Wheeler of Fowler White Boggs Banker, P.A., Fort Myers, for Appellee.

WALLACE, Judge.

Tammi J. Carter, the plaintiff in an action for employment discrimination against Health Management Associates, Inc. (HMA), appeals the circuit court's order that dismissed her complaint with prejudice for failure to state a cause of action under the Florida Civil Rights Act of 1992 (FCRA).[1] Ms. Carter alleged that HMA had unlawfully terminated her in retaliation for filing a charge of gender and pregnancy discrimination or for discussing this charge with a coworker. Because Ms. Carter's complaint against HMA stated a cause of action for retaliation under the participation clause of the FCRA, we reverse the circuit court's order and remand this case for further proceedings.

I. BACKGROUND

A. The Factual Background

In a previous case, Ms. Carter successfully sued HMA for retaliation under the *1261 FCRA because she was fired for filing a charge alleging gender and pregnancy discrimination against HMA.[2]Haines City HMA, Inc. v. Carter, 948 So.2d 904, 905 (Fla. 2d DCA 2007). After this court affirmed the money judgment in favor of Ms. Carter in that case, she filed the current complaint against HMA for retaliation under the FCRA.

B. The Complaint's Allegations

We begin by reviewing the allegations of Ms. Carter's complaint concerning her claim. Ms. Carter alleged that she had filed a charge of discrimination against HMA in 2003. Ms. Carter filed the charge based on her belief that she had been discriminated against because of her gender and pregnancy. After the Florida Commission on Human Relations (FCHR) notified HMA that it was closing its investigation regarding Ms. Carter's charge of discrimination, HMA terminated her. Ms. Carter then filed a second charge against HMA alleging retaliation. This charge alleged that she had been fired in retaliation for filing the first charge. Ms. Carter eventually sued HMA for retaliation in violation of the FCRA. In September 2005, a jury decided the first retaliation case in favor of Ms. Carter.

While the first retaliation case was pending, Ms. Carter worked as a registered nurse at Bartow Memorial Hospital. On April 1, 2005, HMA purchased Bartow Memorial Hospital. On the same day that it acquired the hospital, HMA terminated Ms. Carter again. Next, Ms. Carter filed a third charge against HMA in December 2005. The third charge alleged that HMA had terminated her in retaliation for (1) filing the first charge of gender and pregnancy discrimination or (2) discussing the first charge with a coworker at Bartow Memorial Hospital. The Equal Employment Opportunity Commission (EEOC) issued a notice of right to sue in November 2006. Ms. Carter then filed the current complaint initiating the second retaliation case.

C. The Motion to Dismiss

HMA filed a motion to dismiss Ms. Carter's complaint for failure to state a cause of action. The theory of HMA's motion was that Ms. Carter could not allege a retaliation claim under the FCRA because Florida law does not recognize a cause of action for pregnancy discrimination.[3] HMA relied heavily on the First District Court of Appeal's decision in O'Loughlin v. Pinchback, 579 So.2d 788 (Fla. 1st DCA 1991). In O'Loughlin, the First District concluded that a prior version of the FCRA[4] was preempted by Title VII of the Civil Rights Act of 1964 because the prior law did not include an explicit prohibition against pregnancy discrimination. Id. at 792. HMA also argued that several federal district courts have ruled that the FCRA does not prohibit pregnancy discrimination. HMA noted that when the legislature amended the FCRA in 1992, the year after O'Loughlin was decided, it did not amend the law to explicitly prohibit *1262 pregnancy discrimination. For these reasons, HMA requested that Ms. Carter's retaliation claim be dismissed because she could not allege "that she engaged in a protected activity that can serve as a basis for a retaliation claim."

The circuit court granted HMA's motion to dismiss because it found that pregnancy discrimination was not encompassed by the FCRA and, consequently, Ms. Carter could not allege a retaliation claim.

II. THE STANDARD OF REVIEW

Appellate courts apply the de novo standard when reviewing an order granting a motion to dismiss for failure to state a cause of action. Smith v. City of Fort Myers, 898 So.2d 1177, 1178 (Fla. 2d DCA 2005). For purposes of review, the appellate court must assume that the complaint's allegations are true. Id.

III. DISCUSSION

A. An Overview

The circuit court's order terminated Ms. Carter's action against HMA at the pleading stage. Thus our task is relatively straightforward — we must decide whether Ms. Carter's complaint stated a cause of action for retaliation under the FCRA.

In considering the issue of the sufficiency of Ms. Carter's complaint, we will briefly review section 760.10(7), Florida Statutes (2006), the FCRA's retaliation provision. Next, we will determine whether Ms. Carter's claim should be analyzed as an "opposition" claim or as a "participation" claim under this section. Because we conclude that Ms. Carter's complaint proceeds under the participation clause rather than the opposition clause of section 760.10(7), we will review the minimum requirements that must be alleged to state a cause of action under the participation clause. Our review of the complaint demonstrates that it met these minimum requirements. We conclude our discussion with a detailed examination of HMA's argument that the complaint did not state a cause of action for retaliation because discrimination based on pregnancy is not covered under the FCRA. For the reasons discussed below, we reject HMA's argument and conclude that the complaint was sufficient to state a cause of action for retaliation.

B. The FCRA's Retaliation Provision

The retaliation provision of the FCRA provides:

It is an unlawful employment practice for an employer ... to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section.

§ 760.10(7). Because this provision of the FCRA is almost identical to its federal counterpart, 42 U.S.C. § 2000e-3(a), Florida courts follow federal case law when examining FCRA retaliation claims. Hinton v. Supervision Int'l, Inc., 942 So.2d 986, 989 (Fla. 5th DCA 2006); see Russell v. KSL Hotel Corp., 887 So.2d 372, 379 (Fla. 3d DCA 2004) (applying federal case law in an FCRA retaliation case). "[The FCRA's] retaliation provision [ ] specifically protect[s] two types of activity: opposition and participation." Hinton, 942 So.2d at 989-90. Here, Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Katie Kiernan v. ReviveMD305, LLC
District Court of Appeal of Florida, 2025
Herman v. AAR Aviation Corp
M.D. Florida, 2022
Buade v. Terra Group
259 So. 3d 219 (District Court of Appeal of Florida, 2018)
Palm Beach County School Board v. Wright
217 So. 3d 163 (District Court of Appeal of Florida, 2017)
Arnold v. Heartland Dental, LLC
101 F. Supp. 3d 1220 (M.D. Florida, 2015)
Olson v. Dex Imaging, Inc.
63 F. Supp. 3d 1353 (M.D. Florida, 2014)
Glass v. Captain Katanna's, Inc.
950 F. Supp. 2d 1235 (M.D. Florida, 2013)
Atkins v. State
989 So. 2d 1258 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
989 So. 2d 1258, 2008 WL 4180337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-health-management-associates-fladistctapp-2008.