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A Florida court has considered whether a brokerage was entitled to collect attorney's fees from a sales representative's appeal of a dismissal of her claims by a hearing officer that the broker discriminated against her because of her incurable Hepatitis C.
Michelle C. Phillips ("Salesperson") worked as a sales representative for Orange Lake Country Club Realty, Inc. ("Brokerage"). The evidence showed that she was one of the Brokerage's best salespeople. The Salesperson suffered from incurable Hepatitis C and rheumatoid arthritis. The Salesperson requested that the Brokerage allow her to work a modified work schedule as an accommodation for her medical condition. Although the Brokerage had granted a similar request from another employee of the Brokerage who had a modified work schedule to engage in "victim advocacy", the Brokerage refused the Salesperson's accommodation request.
The Brokerage then terminated the Salesperson. The Salesperson filed a complaint with the Florida Commission on Human Relations ("Commission"). In her complaint, the Salesperson alleged that the Brokerage engaged in an unlawful employment practice by terminating her because of the Salesperson's handicap and refusing to accommodate her handicap. The Brokerage argued that it terminated the Salesperson due to absences unrelated to her handicap.
The Commission determined that the Salesperson's allegations had "no cause." The Salesperson then requested a hearing, at which a hearing officer determined that the Salesperson's termination was not related to her disability and found no evidence of discrimination. The Salesperson appealed this ruling.
The District Court of Appeal of Florida, Fifth District, unanimously affirmed the Commission's decision without an opinion. The Brokerage then moved for attorney's fees. Under Florida law, the court has discretion to award the prevailing party in a civil rights case its attorney's fees for the costs of the appeal. The court reviewed the fee request by the Brokerage and the Salesperson's objections, and then awarded the Brokerage $10,500 in attorney's fees.
One judge dissented from the majority opinion, arguing that is was inappropriate to award attorney's fees to the Brokerage because the Salesperson's lawsuit was not frivolous and was an unnecessary punishment for filing a case of arguable legal merit.
Phillips v. Florida Human Rights Comm'n, 846 So. 2d 1221 (Fla. Dist Ct. App. 2003).