Ramos v. Steak N Shake, Inc.
Ramos filed an EEOC charge alleging disability discrimination and retaliation under the ADA, which was dual-filed with the Florida Commission on Human Relations; after the EEOC issued an 'unable to conclude' dismissal, he sued under the FCRA and the trial court granted summary judgment for failure to exhaust because the charge never cited the FCRA. The Second District reversed, holding section 760.11 requires only a short and plain statement of the facts describing the violation and the relief sought, not a specific citation to the FCRA.
Key facts
- Ramos filed an EEOC charge alleging disability discrimination and retaliation, which was dual-filed with the Florida Commission on Human Relations and described facts supporting those claims.
- The EEOC issued an 'unable to conclude' dismissal without finding the employer violated federal law.
- +2 more key facts with a free trial
Why it matters
This creates an express district conflict on a recurring threshold defense in Florida employment discrimination litigation — whether an EEOC charge citing only federal statutes exhausts FCRA administrative remedies… — full analysis with a trial
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