Exhaustion of Administrative Remedies : Administrative Law

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Exhaustion of Administrative Remedies

Exhaustion of Administrative Remedies

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Florida Supreme Court Issues Ruling Removing Two Options For Employers to Obtain Dismissal of Claims Under the Florida Civil Rights Act
Ryan D. Barack of Kwall, Showers & Barack, P.A.

In Woodham v. Blue Cross & Blue Shield, 829 So. 2d 891 (Fla. 2002), the Florida Supreme Court made two determinations which will have a significant impact upon suits brought under the Florida Civil Rights Act ("FCRA"). First, the Florida Supreme Court held that the standard language in the Equal Employment Opportunity Commission ("EEOC") Dismissal and Notice of Rights form that the EEOC is "unable to conclude that the information obtained establishes a violation of the statutes" is not the equivalent of a determination there is not reasonable cause to believe discrimination has occurred as required by the FCRA to trigger certain administrative prerequisites to filing suit.
California Employers Gain Yet One More Reason for Internal Grievance Policies and Procedures
Elizabeth Staggs Wilson of Davis Wright Tremaine LLP

In Palmer v. Regents of the University of California, 107 Cal. App. 4th 899 (2003), a California appellate court recently upheld dismissal of a former employee's whistle blowing claim because the employee had failed to fully avail herself of either of two internal grievance procedures. The employee sought to bring a common law claim for wrongful termination in violation of public policy.
Another CEQA Procedural Trap: Failure to Notify a Trustee Agency Overturns Project Approvals
Morrison & Foerster LLP

This article concerns the California Court of Appeals chipping away of the exhaustion doctrine, thereby exposing project approvals to greater judicial risks in terms of CEQA litigation.

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