Ramos v. Steak N Shake, Inc., 2D22-3465, 2023 WL 8791666 (Fla. 2d DCA Dec. 20, 2023)

Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved party cite to the Florida Civil Rights Act (FRCA) in a charge filed with the EEOC. In October 2017, Steak N Shake hired Ramos as a grill operator. While employed, Ramos had an off-the-job car accident where he sustained a back injury. Ramos’s work schedule was allegedly reduced from 30 hours as a grill cook to six hours as a janitor. He filed a charge of discrimination with the EEOC, which stated the facts but made no mention of the FCRA. The EEOC charge was dismissed, and Ramos subsequently filed a lawsuit, alleging discrimination and retaliation in violation of the FCRA. The Second District held that the trial court erred by granting summary judgment in favor of Steak N Shake and determining that Ramos failed to exhaust his administrative remedies simply because the EEOC charge did not include a citation to the FCRA.