Big Enough To Drive A Truck Through? Considering Florida's 'Ulterior Purpose' Exception To The Third Party Requirement Of A Tortious Interference Claim

There is no basis for holding an individual liable under Title VII, the Florida Civil Rights Act, or the Florida private sector Whistleblower's Act. So, managers and co-workers need not fear being sued for discrimination or retaliation. Only the employer can be held liable, right?

Not exactly. Supervisor and co-workers can be sued under one or more tort theories for conduct that violates one of these laws. For example, a plaintiff who sues her employer alleging that her supervisor sexually harassed her by groping or fondling her in violation of Title VII can also sue the supervisor for battery.

But what about garden variety discrimination or retaliation claims? Can the facts that support such a claim also support a claim against the plaintiff's supervisor or co-worker for tortious interference with a business relationship? According to a recent decision by Florida's Third District Court of Appeals, Alexis v. Ventura, Case No. 3D10-2879 (Fla. 3d DCA, June 29, 2011), the answer is yes.

Ketlyn Alexis was terminated from her job with Arbor E&T, LLC. She filed suit under the Florida Civil Rights Act, claiming that her supervisor, Lilliam Ventura, and others subjected her to a hostile work environment based on her race (black) and national origin (Haitian.).

Alexis later amended her complaint to add Ventura as a defendant, alleging that Ventura tortiously interfered with an advantageous business relationship that Alexis had with Arbor E&T. In particular, Alexis alleged that Ventura made a number of hostile statements and engaged in a number of hostile acts against Alexis. For example, Alexis alleged in her complaint that Ventura told other employees: "I am the boss and I am in charge and I'm going to make that Haitian Bitch know it." Alexis alleged that these statements and acts were motivated by a discriminatory intent to undermine Alexis' job performance in the eyes of Arbor E&T, and that these statements and acts by Ventura ultimately led to Alexis' termination by Arbor E&T.

Ventura filed a motion to dismiss this count and to dismiss Ventura as a defendant to the action. Ventura argued that, as a matter of law, Alexis could not state a claim against Ventura for tortious interference with a business relationship because Ventura and Alexis were co-workers. The trial court granted the motion, dismissed the claim, and dismissed Ventura as a party defendant.

On appeal, the Third DCA reversed the trial court's order. The court noted that to state a...