LABORERS'INTERN., LOCAL 478 v. Burroughs

541 So. 2d 1160, 1989 WL 33255
CourtSupreme Court of Florida
DecidedApril 6, 1989
Docket72456
StatusPublished
Cited by21 cases

This text of 541 So. 2d 1160 (LABORERS'INTERN., LOCAL 478 v. Burroughs) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LABORERS'INTERN., LOCAL 478 v. Burroughs, 541 So. 2d 1160, 1989 WL 33255 (Fla. 1989).

Opinion

541 So.2d 1160 (1989)

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 478, Petitioner,
v.
Myrtice BURROUGHS, Respondent.

No. 72456.

Supreme Court of Florida.

April 6, 1989.

Mark F. Kelly of Kelly & McKee, Tampa, for petitioner.

David M. Lipman, Stefan Ruud and Robert E. Weisberg of Lipman & Weisberg, Miami, for respondent.

Dana C. Baird, General Counsel and Harden King, Asst. General Counsel, Tallahassee, amicus curiae for Florida Com'n on Human Relations.

Robert A. Ginsburg, Dade Co. Atty. and John McInnis, Asst. Co. Atty., Miami, amicus curiae for Metropolitan Dade County.

*1161 GRIMES, Justice.

Pursuant to article V, section 3(b)(3), of the Florida Constitution, we accepted jurisdiction to review Laborers' International Union Local 478 v. Burroughs, 522 So.2d 852 (Fla. 3d DCA 1987), because that opinion expressly construes the Florida Constitution.

Myrtice Burroughs was hired by Local 478 as a clerk in 1982. Seventeen months later she was terminated from her employment. She then filed a complaint against the union before the Metropolitan Dade County Fair Housing and Employment Appeals Board. She alleged that she had been dismissed because she had refused the sexual advances of her immediate supervisor who was also a union officer.

After a hearing, the board found in Ms. Burroughs' favor and awarded her the following relief: back wages in the sum of $30,686.20, plus interest (back pay); so-called "front pay," i.e., future lost wages, of $8,883.00; and attorney's fees and costs of $19,178.98. The board also ordered the union to amend "its bylaws to incorporate a policy and a procedure to deal with complaints of sexual harassment."

Local 478's appeal to the circuit court was affirmed. The union then filed a petition for certiorari in the Third District Court of Appeal. In a split decision, that court denied certiorari. The court held that the ordinance creating the board was not preempted by the Florida Human Rights Act, sections 760.01-.10, Florida Statutes (1985). The court also rejected the contention that the board was exercising judicial power prohibited under article V, section 1, of the Florida Constitution.

This case presents several issues, which we will address separately.

CONFLICT BETWEEN ORDINANCE AND STATUTE

The board derives its authority from a Dade County ordinance generally barring discriminatory employment practices. Metropolitan Dade County, Fla., Code ch. 11A, art. III, §§ 11A-2 to 11A-40 (1985). The Florida Human Rights Act of 1977 governs similar misconduct. Dade County's home rule charter specifically provides that the supremacy of state legislation must be preserved. Because section 760.02(6) limits the scope of the Human Rights Act to employers with fifteen or more employees, while the ordinance applies to employers with five or more employees, the union argues that the ordinance conflicts with the statute. In order to accept petitioner's argument we would have to conclude that the legislature intended that sexual discrimination by employers of fewer than fifteen employees was permissible. A more reasonable interpretation is that the legislature left this area open to local regulation. We agree with the following analysis of the district court of appeal:

In the regulatory area involved in this case, the test of conflict is whether one must violate one provision in order to comply with the other. Jordan Chapel Freewill Baptist Church v. Dade County, 334 So.2d 661 (Fla. 3d DCA 1976). Putting it another way, a conflict exists when two legislative enactments "cannot co-exist." E.B. Elliott Advertising Co. v. Metropolitan Dade County, 425 F.2d 1141 (5th Cir. 1970), pet. dismissed, 400 U.S. 805, 91 S.Ct. 12, 27 L.Ed.2d 12 (1970); Metropolitan Dade County v. Santos, 430 So.2d 506 (Fla. 3d DCA 1983), pet. for review denied, 438 So.2d 834 (Fla. 1983). Neither formulation of the rule applies in a situation like this one in which the identical anti-discrimination requirements are simply imposed by the county upon a wider and broader class of entities than the state.

522 So.2d at 856.

JUDICIAL AND QUASI-JUDICIAL POWER

Article V, section 1, of the Florida Constitution, reads in pertinent part:

The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality... . Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power *1162 in matters connected with the functions of their offices.

Thus, there is an implicit distinction between judicial power and quasi-judicial power. The issue here is how much, if any, of the jurisdiction granted to the Metropolitan Dade County Fair Housing and Employment Appeals Board's actions was proper for a quasi-judicial body. The union's attack in this area is two-pronged. It argues (A) that the board acted as a court in construing the ordinance to find that it covered the union's conduct, and (B) that in any event the board could not lawfully award the damages. We address the liability issue first.

A. Liability: Construction of the ordinance.

The Dade County ordinance provided in pertinent part:

Sec. 11A-22. Unlawful practices.
(a) It shall be unlawful employment practice for an employer:
(1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, benefits, terms, conditions or privileges of employment because of such individual's race, color, religion, ancestry, national origin, age, sex, physical handicap, marital status or place of birth... .

The union argues that the board improperly acted as a court in that it had to construe the ordinance to find that sexual harassment constituted employment discrimination. Only courts can construe the law, the union argues, citing no less weighty authority than Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed 60 (1803). The union ignores the fact that administrative agencies are necessarily called upon to interpret statutes in order to determine the reach of their jurisdiction. Moreover, the construction of a statute by the agency charged with its administration is entitled to great weight and will not be overturned unless clearly erroneous. Department of Ins. v. Southeast Volusia Hosp. Dist., 438 So.2d 815 (Fla. 1983), appeal dismissed, 466 U.S. 901, 104 S.Ct. 1673, 80 L.Ed.2d 149 (1984). The board had a right to interpret the ordinance's proscription against sexual discrimination in the workplace to include sexual harassment, and that interpretation was eminently reasonable. See Meritor Savings Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), in which the Supreme Court of the United States held that a woman who had been sexually harassed at her job had a cause of action for employment discrimination under the analogous Title VII of the Civil Rights Act of 1964.

B. Damages

This court has considered related issues but has never squarely decided whether administrative boards created by county ordinances may assess any damages.

In Broward County v. LaRosa, 505 So.2d 422 (Fla.

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Bluebook (online)
541 So. 2d 1160, 1989 WL 33255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laborersintern-local-478-v-burroughs-fla-1989.