Civil Rights Div. ex rel. Joseph v. Asplundh Tree Expert Co.
2008 U.S. Dist. LEXIS 68321 (S.D. Fla. 2008)
In a case brought under, inter alia, Title VII of the Civil Rights Act of 1964, plaintiff, the Civil Rights Division of Broward County, Florida (Division) on behalf of a foreman, filed a complaint of discrimination with the Broward County, Florida Board of County Commissioners Human Rights Board (Board). Defendant employer removed the case under 28 U.S.C.S. § 1441, prompting the Division to file a motion for remand. The sole issue presented by the motion to remand was whether the Board was a state court from which the could properly be removed under 28 U.S.C.S. § 1441(a). While the functional view went beyond the language of § 1441, which did not authorize removal of proceedings from administrative agencies, in the absence of guidance from the United States Court of Appeals for the Eleventh Circuit, applying the functional test, the analysis followed by a majority of courts to have considered the question, was the proper course to follow. There was little doubt the function and procedures of the Board were substantially similar to those of a court. The crucial difference was the Board's lack of enforcement power; this lack of inherent enforcement power was a significant distinguishing factor between the Board and a court. The court, therefore, granted the motion for remand, noting that while it was not clear that the Board even had jurisdiction to consider Title VII claims, the present court was not in a position to declare the jurisdictional boundaries of the Board. The final order of the Board was reviewable by the Broward County, Florida Circuit Court, and once in that court, the employer could presumably remove the case to federal court.