Broward County Human Rights Board is Not a State Court for Removal Purposes
The title of this posting may strike you as obvious, but it's not that simple. An employer recently removed to the Southern District of Florida federal court a case that was pending before the Broward County Human Rights Board. The employer argued that the Board was a state court and that removal was proper under federal question jurisdiction because the charging party alleged discrimination under Title VII as well as the the Florida Civil Rights Act and the Broward County Human Rights Act. The Board moved to remand. Judge Cecilia Altonaga took the employer's arguments seriously enough to issue a detailed opinion, but ultimately concluded that remand was proper under the "functional" test that federal courts have adopted to determine whether a state tribunal is the functional equivalent of a state court. The Board lacks enforcement power, Judge Altonaga noted, and this distinguishes it from a court. In addition, Judge Altonaga reasoned, "there is a specific interest... for states and localities, such as Broward County, to provide civil rights protections and enforcement procedures beyond those provided by the federal government." Judge Altonaga also noted that the Board decision was reviewable in Broward County Circuit Court, and once in that court, the employer could remove the case to federal court. The name of the case is Civil Rights Division v. Asplundh Tree Expert Co. It is reported at 21 Fla. L. Weekly Fed. D265a.
