Narrative Opinion Summary
The case involves the plaintiff's allegation of employment discrimination due to a handicap against the defendant, Jones Lang LaSalle Americas, Inc., as a successor to Compass Retail, Inc. The plaintiff had previously secured an administrative award against Compass through the Florida Commission on Human Relations but now seeks to enforce that award against Jones Lang or pursue a direct claim under the Florida Civil Rights Act. The defendant moved to dismiss, citing Florida Statute § 760.11(7), which mandates that a plaintiff must elect between enforcing an administrative award or filing a civil action, but not both. The court acknowledged this statutory requirement but determined that since the award was against Compass and not the defendant, the plaintiff should not be barred from suing Jones Lang if the award is unenforceable against it. The court ordered the plaintiff to provide a more definite statement, clarifying his chosen course of action. The defendant's motion to dismiss was denied, with the court extending the response deadline. The court did not adjudicate the plaintiff's potential recovery against the defendant or address whether the defendant had notice or opportunity to participate in the administrative proceedings.
Legal Issues Addressed
Election of Remedies under Florida Statutes § 760.11(7)subscribe to see similar legal issues
Application: The court applied the principle that a plaintiff must choose between enforcing an administrative award or pursuing a civil action, thereby preventing simultaneous pursuit of both remedies.
Reasoning: Florida Statute 760.11(7) allows a plaintiff to choose between enforcing an administrative award or filing a civil action, but not both, requiring an upfront decision.
Strict Interpretation of Statutes Limiting Common Law Rightssubscribe to see similar legal issues
Application: The court emphasized that statutes limiting common law rights, such as those governing election of remedies, must be strictly interpreted.
Reasoning: The ruling aligns with the intent of Florida Statutes § 760.11(7) and the common law principle allowing alternative pleading, emphasizing that statutes limiting common law rights must be strictly interpreted.
Successor Liability in Employment Discriminationsubscribe to see similar legal issues
Application: The court addressed whether the plaintiff could pursue a claim against Jones Lang, the successor to Compass, when the administrative award was only against Compass.
Reasoning: However, since Lee's award was against Compass and not Jones Lang, the court concluded that Lee should not be prevented from suing Jones Lang if he cannot enforce the award.