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3rd DCASeptember 7, 2022Reversed and Remanded🔬 Novel Issue

White v. AutoZone Investment Corporation, d/b/a AutoZone Auto Parts

Case No. 21-0598

An employee alleging sexual-orientation discrimination and retaliation sued under Chapter 11A of the Miami-Dade County Code after receiving a notice of right-to-sue; the trial court dismissed with prejudice, holding the ordinance created no private cause of action. The Third DCA reversed, holding the plain language of section 11A-28(10)(a) and (b) "Enforcement by private persons" expressly creates a private cause of action for employment discrimination under Chapter 11A once a right-to-sue notice issues.

Key facts

  • White, an employee, sued AutoZone Investment Corporation alleging sexual-orientation discrimination and retaliation under Chapter 11A of the Miami-Dade County Code after receiving a notice of right-to-sue.
  • The trial court dismissed the complaint with prejudice, concluding that Chapter 11A of the Miami-Dade County Code did not create a private cause of action for employment discrimination.
  • +1 more key fact with a free trial

Why it matters

This is the first Florida district court decision to hold that Miami-Dade County Code Chapter 11A, as amended in 2006, affords a private right of action for employment discrimination — opening a local-ordinance avenue… — full analysis with a trial

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