In a recent turn of events, a rift in Florida’s law was exposed as a state appellate court differed from a pro-business precedent that had previously made it easier for firms to dismiss ill-prepared discrimination lawsuits, such as one brought forward by a former Steak ‘n Shake cook. The Tampa district has taken a more lenient stance with regard to notice requirements, and the court has stated that a high discrimination bar conflicts with the ‘liberal’ law.
In a blow for the industry, the Second District Court of Appeal declared that workers cannot be prevented from bringing forward discrimination claims under Florida laws should they fail to clearly state a violation of state law in their notice to employers. This notice is required when employees are seeking representation from state and federal employment regulators. This decision directly contradicts the ruling by the Fourth District Court of Appeal.
These conflicting decisions present a unique paradox in the Florida courts, sending mixed signals to corporations and legal firms alike. Those working in the legal department of major corporations and prestigious law firms would thus need to remain vigilant to any shifts or changes emanating from Florida’s courtrooms in the near future.
The initial source for this article can be found here.