Collins v. Department of Transportation

429 S.E.2d 707, 208 Ga. App. 53, 93 Fulton County D. Rep. 1191, 1993 Ga. App. LEXIS 419
CourtCourt of Appeals of Georgia
DecidedMarch 19, 1993
DocketA92A1908
StatusPublished
Cited by8 cases

This text of 429 S.E.2d 707 (Collins v. Department of Transportation) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. Department of Transportation, 429 S.E.2d 707, 208 Ga. App. 53, 93 Fulton County D. Rep. 1191, 1993 Ga. App. LEXIS 419 (Ga. Ct. App. 1993).

Opinions

Beasley, Judge.

Collins, an employee of the Georgia Department of Transportation, filed the present complaint against the department, one of her co-employees, and certain supervisory personnel, seeking damages in tort for sexual harassment.

She moved to amend her complaint to add certain claims, including one under Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (42 USC § 2000e et seq.). Collins bases this claim on assertions that she was subjected to a series of retaliatory actions by her supervisors and the department after she filed her complaint. The Justice Department issued a right-to-sue letter to her after she exhausted the federal administrative remedies, notifying her that if she chose to file suit, she must do [54]*54so within 90 days, which she did by way of her motion to add this now-ripe claim.

As authority in support of her motion, Collins cited Yellow Freight System v. Donnelly, 494 U. S. 820 (110 SC 1566, 108 LE2d 834) (1990). The superior court denied Collins’ motion, holding that Donnelly only held that state courts presumptively have jurisdiction over Title VII claims; whether a state court in fact has Title VII jurisdiction is dependent on state law; the General Assembly has acted in employment discrimination matters by enacting the Georgia Fair Employment Practices Act of 1978, OCGA § 45-19-20 et seq.; Georgia superior courts do not have original jurisdiction under the Georgia Act, but rather have only appellate jurisdiction pursuant to OCGA § 45-19-39; consequently, Georgia superior courts do not have original jurisdiction over Title VII claims.

We granted Collins’ application for interlocutory appeal and reverse.

Title VII authorizes charges to be filed with the Equal Employment Opportunity Commission (EEOC) by or on behalf of a person claiming to be aggrieved by an employer who has engaged in an unlawful employment practice. 42 USC § 2000e-5 (b). There is a prerequisite for filing such charges, however. Under subsection (c), they may not even be regarded as filed until at least 60 days have passed following commencement of state or local proceedings if state or local law prohibits the alleged practice. As recognized in Donnelly, supra at 825, this allows “state or local agencies an opportunity to remedy the allegedly unlawful practice prior to any federal action.” After the federal claim is duly made, the EEOC generally has 180 days to file a civil action if it deems such appropriate after investigation. 42 USC § 2000e-5 (f) (1). As provided therein, if it chooses not to do so, it notifies the aggrieved person that he or she may bring a civil action. Thus, upon an exhaustion of federal administrative remedies, the aggrieved person is notified by a “right-to-sue” letter.

Contrary to the decision in Flournoy v. Akridge, 189 Ga. App. 351, 352 (375 SE2d 479) (1988), and like federal and state cases cited therein,1 the United States Supreme Court in Donnelly subsequently held that state courts do have jurisdiction over Title VII claims. It stated:

“Under our ‘system of dual sovereignty, we have consistently held that state courts have inherent authority, and are thus presumptively competent, to adjudicate claims arising under the laws of the United States.’ [Cits.] To give federal courts exclusive jurisdiction [55]*55over a federal cause of action, Congress must, in an exercise of its powers under the Supremacy Clause, affirmatively divest state courts of their presumptively concurrent jurisdiction. [Cit.]” Id. at 823.

The Court reviewed the text of Title VII, its legislative history, the compatibility of its procedures and state court jurisdiction, statutory references to federal court procedures, and “the presumption that state courts are just as able as federal courts to adjudicate Title VII claims.” It concluded that “the presumption of concurrent jurisdiction that lies at the core of our federal system” prevailed, and state courts were not divested by Congress of their concurrent authority to adjudicate federal claims. Id. at 826.

The appellee state agency contends that this merely authorizes state court jurisdiction but does not compel it. It argues that state court jurisdiction is governed by state law which, because of the Georgia Fair Employment Practices Act and its limitation on judicial review of administrative action in OCGA § 45-19-39, precludes superior court jurisdiction of Title VII claims. It is true that state law establishes the jurisdiction of the state courts. As to the superior courts, Art. VI, Sec. IV, Par. I of the Georgia Constitution of 1983 provides: “The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution.” OCGA § 15-6-8 (1) is the statutory complement, expressing that superior courts have authority “[t]o exercise original, exclusive, or concurrent jurisdiction, as the case may be, of all causes, both civil and criminal, granted to them by the Constitution and laws.” Thus state law enables the fulfillment of the “concurrent jurisdiction” held to exist by the decision in Donnelly, supra at 826, through the general jurisdiction of the superior courts.

The existence of the state remedy in the Georgia Fair Employment Practices Act does not limit superior court jurisdiction over the federal law. In fact, it expressly provides that a determination under it does not exclude “any remedies which may be available under the United States Constitution and federal laws.” OCGA § 45-19-41. Nor can the Georgia FEPA preclude state court jurisdiction of the federal remedy, because of the Supremacy Clause. “The power of a State to determine the limits of the jurisdiction of its courts and the character of the controversies which shall be heard in them is, of course, subject to the restrictions imposed by the Federal Constitution.” McKnett v. St. Louis &c. R. Co., 292 U. S. 230, 233 (54 SC 690, 78 LE 1227) (1934).

As explained in Howlett v. Rose, 496 U. S. 356, 367-368 (110 SC 2430, 110 LE2d 332) (1990), “[f]ederal law is enforceable in state courts . . . because the Constitution and laws passed pursuant to it are as much laws in the State as laws passed by the state legislature. The Supremacy Clause makes those laws ‘the supreme Law of the Land,’ and charges state courts with a coordinate responsibility to enforce [56]*56that law according to their regular modes of procedure. ‘The laws of the United States are laws in the several States, and just as much binding on the citizens and courts thereof as the State laws are. . . .

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Collins v. Department of Transportation
429 S.E.2d 707 (Court of Appeals of Georgia, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
429 S.E.2d 707, 208 Ga. App. 53, 93 Fulton County D. Rep. 1191, 1993 Ga. App. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-department-of-transportation-gactapp-1993.