Woodham v. BLUE CROSS & BLUE SHIELD OF FLA. INC.

793 So. 2d 41, 2001 WL 575105
CourtDistrict Court of Appeal of Florida
DecidedSeptember 12, 2001
Docket3D00-2277
StatusPublished
Cited by12 cases

This text of 793 So. 2d 41 (Woodham v. BLUE CROSS & BLUE SHIELD OF FLA. INC.) 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
Woodham v. BLUE CROSS & BLUE SHIELD OF FLA. INC., 793 So. 2d 41, 2001 WL 575105 (Fla. Ct. App. 2001).

Opinion

793 So.2d 41 (2001)

Cordette WOODHAM, Appellant,
v.
BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Appellee.

No. 3D00-2277.

District Court of Appeal of Florida, Third District.

May 30, 2001.
Opinion Denying Rehearing and Granting Certification September 12, 2001.

*42 Lisa Fletcher-Kemp, for appellant.

Coffman, Coleman, Andrews & Grogan and Patrick Coleman, Jacksonville, for appellee.

Before LEVY, SHEVIN and RAMIREZ, JJ.

SHEVIN, Judge.

Cordette Woodham appeals a final summary judgment in favor of Blue Cross and Blue Shield of Florida, Inc. ["BCBS"]. We affirm and hold that Woodham was required to pursue the administrative remedies outlined in section 760.11(7), Florida Statute (1999), before bringing this action in circuit court.

Facts

Woodham, an African-American, filed an action against BCBS, her former employer, under the Florida Civil Rights Act, §§ 760.01-.11, Fla. Stat. (1999), asserting that BCBS engaged in discriminatory practices against her. Woodham asserted that she was twice denied a promotion on the basis of her race despite years of experience working with BCBS. Moreover, Woodham asserted that her BCBS supervisor was systematically directing additional assignments to other personnel, hence depriving Woodham of the opportunity to earn credits towards a promotion. After Woodham brought the matter to the supervisor's attention, and to the manager's attention, she was allegedly subjected to a tirade of retaliation and harassment.

Before bringing her lawsuit, Woodham filed a discrimination charge against BCBS with the United States Equal Employment Opportunity Commission ["EEOC"]. This action operated as a dual filing with the Florida Commission on Human Relations ["FCHR"], pursuant to the EEOC/FCHR workshare agreement. See Love v. Pullman Co., 404 U.S. 522, 92 S.Ct. 616, 30 L.Ed.2d 679 (1972); Wells Fargo Guard Serv., Inc. v. Lehman, 25 Fla. L. Weekly D2307 (Fla. 3d DCA Sept.27, 2000); Sweeney v. Florida Power & Light Co., 725 So.2d 380 (Fla. 3d DCA 1998).

Woodham did not receive a determination within the 180 days contemplated in section 760.11(3). Over 300 days after filing the charge, Woodham requested a right to sue letter from the EEOC. The EEOC issued Woodham a "no cause" determination, a Dismissal and Notice of Rights, on her claim.[1] Woodham subsequently filed *43 her lawsuit in Miami-Dade County Circuit Court.

In response to Woodham's action, BCBS filed a motion for summary judgment. The trial court granted BCBS's motion finding that Woodham's claim was barred because Woodham failed to request an administrative hearing upon receipt of the "no cause" determination as required in section 760.11(7). We agree with the trial court's ruling.

Discussion

This case presents us with an issue of first impression: Whether an aggrieved person may disregard the administrative hearing requirement in section 760.11(7) if the person receives a "no cause" determination after lapse of the section 760.11(3), 180-day period for FCHR action, but before the filing of a lawsuit. We hold that the person may not. The receipt of a "no cause" determination terminates the person's option to proceed under section 760.11(8), and requires that the person follow subsection 7, and exhaust the administrative remedy provided therein, prior to filing a lawsuit in a Florida court. To reach this determination we begin with an analysis of the statutory provisions at issue.

Statutory Analysis

Section 760.11 of Florida's Civil Rights Act, contains three pertinent subsections regarding civil and administrative remedies: §§ 760.11(4), (7), and (8). To begin with, the statute provides that after a person aggrieved by a violation of the Civil Rights Act files a complaint with the FCHR,

[w]ithin 180 days of the filing of the complaint, the commission shall determine if there is reasonable cause to believe that discriminatory practice has occurred....

§ 760.11(3), Fla. Stat. (1999). Thereafter, the statute affords an aggrieved person alternative remedies, depending on the FCHR's disposition of the complaint.

In the first provision pertinent here, subsection 4, the statute provides:

In the event that the [FCHR] determines that there is reasonable cause to believe that the discriminatory practice has occurred ..., the aggrieved person may either:
(a) Bring a civil action against the person named in the complaint in any court of competent jurisdiction; or
(b) Request an administrative hearing under ss. 120.569 and 120.57.

§ 760.11(4), Fla. Stat. (1999). However, the second applicable provision provides that

[i]f the [FCHR] determines that there is not reasonable cause to believe that a violation ... has occurred, the commission shall dismiss the complaint. The aggrieved person may request an administrative hearing under ss. 120.569 and 120.57, ... within 35 days ....

§ 760.11(7), Fla. Stat. (1999)(emphasis added).

The third subsection we are construing applies when the FCHR does not act promptly. Subsection 8 provides:

In the event that the [FCHR] fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days of the filing of the complaint, an aggrieved person may proceed under subsection (4), as if the commission determined that there was reasonable cause[,]

*44 § 760.11(8), Fla. Stat. (1999), i.e., proceed to file a lawsuit or pursue an administrative hearing.

Woodham argues that she properly brought her lawsuit because her "no cause" letter was not issued within the 180 days prescribed in subsection 3. Therefore, she contends, subsection 8 applies to her case and she need not follow the administrative hearing requirement in subsection 7. We regret we are unable to accept Woodham's argument. To do so would render subsection 7 a nullity and a statute may not be so interpreted.

When interpreting a statute, courts first look to the plain meaning of the words therein. Holly v. Auld, 450 So.2d 217 (Fla.1984). "[W]hen the language of a statute is unambiguous and conveys a clear and ordinary meaning, there is no need to resort to other rules of statutory construction; the plain language of the statute must be given effect." Starr Tyme, Inc. v. Cohen, 659 So.2d 1064, 1067 (Fla.1995); Holly, 450 So.2d at 219. Furthermore, where, as here, the effect or meaning of several subsections of a statute is being considered, the statute must be read as a whole to give effect to all of it provisions. State v. Gale Distrib., Inc., 349 So.2d 150 (Fla.1977).

The language of section 760.11 is unambiguous. Each subsection contemplates application in one of three different scenarios: When the FCHR issues a "cause" determination subsection 4 outlines the aggrieved person's remedies; when the FCHR issues a "no cause" determination, the aggrieved person must follow the administrative procedures in subsection 7; and when the FCHR does not act, the aggrieved person must follow subsection 8. Under the plain language of section 760.11(7), which contains no time frame for receipt of a determination, Woodham was required to request an administrative hearing upon receipt of the "no cause" determination.[2]

Woodham's arguments to the contrary are unavailing.

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793 So. 2d 41, 2001 WL 575105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodham-v-blue-cross-blue-shield-of-fla-inc-fladistctapp-2001.