Thank You For Submiting Feedback!
Court of Appeal of Florida, Third District
June 15, 2022, Opinion Filed
Andre White appeals a trial court's order granting AutoZone Investment Corporation d/b/a AutoZone Auto Parts' motion to dismiss with prejudice. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). Because we find that section 11A-28(10) of the Miami-Dade County Code establishes a private cause of action, we reverse.
FACTUAL AND PROCEDURAL BACKGROUND
Andre White began working for AutoZone in 2015. While he was an employee, he alleges he was subjected to ongoing verbal abuse due to his sexual orientation. White made a complaint to the corporate office in May 2019 and was placed on leave pending an investigation. White was terminated on June 4, 2019.
White subsequently filed a complaint of discrimination with the Miami-Dade Commission on Human Rights. In August 2020, White received a notice of right-to-sue from the Commission indicating the investigation was being terminated for his failure to cooperate with the agency [*2] and that he could pursue his charge further pursuant to Chapter 11A, section 11A-28(10) of the Miami-Dade County Code within ninety days of receipt of the notice.
On September 9, 2020, White filed a complaint against AutoZone for sexual orientation discrimination and retaliation in violation of Chapter 11A of the Miami-Dade County Code. In January 2021, AutoZone filed a motion to dismiss White's complaint, arguing Chapter 11A does not provide a private cause of action for employment discrimination. White filed a response to the motion which asserted the plain language of section 11A-28(10) established a private cause of action. AutoZone filed a reply asserting section 11A-28(10) does not create a private cause of action. The trial court heard argument on the motion and, on January 28, 2021, granted the motion to dismiss with prejudice finding section 11A-28(10) does not establish a private cause of action. This appeal followed.
STANDARD OF REVIEW
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 Fla. App. LEXIS 4122 *; 47 Fla. L. Weekly D 1307; 2022 WL 2135725
Andre White, Appellant, vs. AutoZone Investment Corporation, d/b/a AutoZone Auto Parts, Appellee.
Notice: NOT FINAL UNTIL DISPOSITION OF TIMELY FILED MOTION FOR REHEARING.
Prior History: [*1] An Appeal from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge. Lower Tribunal No. 20-19278.
private cause of action, employment discrimination, right-to-sue, provisions, per curiam, receive notice, notice, commencement of civil action, affirmance, courts, aggrieved person, right to sue, cases, court of competent jurisdiction, voluntary compliance, private enforcement, plain language
Civil Procedure, Appeals, Standards of Review, De Novo Review, Governments, Legislation, Interpretation, Questions of Fact & Law, Local Governments, Employees & Officials, Labor & Employment Law, Discrimination, Actionable Discrimination, Evidence, Testimony, Competency, Interpreters, Ordinances & Regulations, Judgments, Preclusion of Judgments, Res Judicata, Courts, Judicial Precedent, Claims By & Against