Before getting to the meat of this argument, this Article will review the FCHR's role in enforcement of Florida's anti-discrimination statute, as well as the remedies the FCRA provides to an aggrieved person.
The Commission enforces the FCRA through section 760.11, Florida Statutes, which authorizes any person aggrieved of unlawful employment practices to file with the FCHR a complaint within 365 days of the alleged violation.
At a minimum, the Commission should step in to promulgate an interpretative rule to commit Florida courts to the FCHR's understanding of the FCRA's age discrimination provisions.
16, 2014) (attaching the FCHR letter of cause determination to the Complaint as an exhibit to establish that reasonable cause existed to believe that an illegal employment practice had occurred).
(13.) See infra Part II (explaining that unlike the FCHR, which extends the FCRA's protections to individuals of all chronological ages, Florida courts follow the ADEA, which requires that the individual be at least forty years old to receive the federal law's protections).
By adhering to the "plain meaning" of the FCRA's definition of "employer," the court ultimately failed to consider definitively the legislative purpose, comparable interpretations of Title VII, or the FCHR's interpretation of the FCRA.
Once again, however, the panel expressly rejected the notion that the FCHR's position on the territorial reach of the FCRA was significant, holding that even if the proffered interpretation of Palermo was accorded "agency interpretation" status, it would be disregarded as contrary to the plain meaning of the statute.
(13) FCHR is the state agency acting in a similar capacity to the federal EEOC.
(18) Oddly, the FCHR failed to recite expressly the commission's position on the proper geographic domain of the FCRA.