James Francois vs Miami Dade Cnty., Port of Miami, 432 F. App'x 819 (11th Cir. 2011). · Go Syfert
James Francois vs Miami Dade Cnty., Port of Miami, 432 F. App'x 819 (11th Cir. 2011). Cases Citing This Book View Copy Cite
“furthermore, the fact francois filed an actual timely charge suggests he did not intend his intake questionnaire to function as a charge.”
32 citation events (32 in the last 25 years) across 7 distinct courts.
Strongest positive: Jones v. Miami-Dade County (flsd, 2024-08-05)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 16 distinct citers.
discussed Cited as authority (verbatim quote) Jones v. Miami-Dade County (2×) also: Cited "see"
S.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
furthermore, the fact francois filed an actual timely charge suggests he did not intend his intake questionnaire to function as a charge.
discussed Cited as authority (rule) Lu Silverio v. Just Brands, LLC
S.D. Fla. · 2023 · confidence medium
It is well settled that “to file suit under Title VII, a plaintiff must first administratively exhaust any claims by filing a charge with the EEOC.” Francois v. Miami Dade Cnty., Port of Miami, 432 F. App’x 819, 821 (11th Cir. 2011) (citing 42 U.S.C. § 2000e-5(e)).
discussed Cited as authority (rule) Habitat for Humanity International, Inc. v. Morris
M.D. Fla. · 2019 · confidence medium
Id. at 1851-52. “[T]he scope of [a] judicial complaint is limited to the scope of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.” Francois v. Miami Dade Cty., 432 F. App’x 819, 821 (11th Cir. 2001) (citation omitted).
cited Cited as authority (rule) Jones v. Lakeland Regional Medical Center
M.D. Fla. · 2019 · confidence medium
Francois v. Miami Dade Cnty., Port of Miami, 432 F. App’x 819, 822 (11th Cir. 2011) (citing Bost v. Fed.
examined Cited as authority (rule) Stevens v. Southern Nuclear Operating Co. (3×) also: Cited "see, e.g."
S.D. Ga. · 2016 · confidence medium
Francois v. Miami Dade Cty., 432 Fed.Appx. 819, 821 (11th Cir.2011); Maxwell v. Inner Harbour, Ltd., 1:08-CV-2925-RWS, 2009 WL 1045478 , at *1 (N.D.
discussed Cited as authority (rule) Scott v. Shoe Show, Inc. (2×) also: Cited "see"
N.D. Ga. · 2014 · confidence medium
A. Exhaustion of Administrative Remedies and Scope of EEOC Charge “Before filing suit under Title VII ..., a plaintiff must exhaust the available administrative remedies by filing a charge with the EEOC.” Anderson v. Embarq/Sprint, 379 Fed.Appx. 924, 926 (11th Cir.2010) (per curiam) (unpublished) (citations omitted); see also Edwards v. Nat’l Vision Inc., No. 13-12876, 568 Fed.Appx. 854, 859 , 2014 WL 2611192 , at *4 (11th Cir. June 12, 2014) (per curiam) (unpublished) (citation omitted); Francois v. Miami Dade Cnty., Port of Miami, 432 Fed.Appx. 819, 821 (11th Cir.2011) (per curiam) (un…
discussed Cited as authority (rule) Jones v. Bank of America (2×) also: Cited "see"
M.D. Fla. · 2013 · confidence medium
The Eleventh Circuit has specifically held that an intake questionnaire will not be deemed a charge where “the plaintiff clearly understood the intake questionnaire was not a charge because he later filed a timely charge; the EEOC did not initiate its investigation until after the plaintiff filed his charge; and the questionnaire form itself did not suggest it was a charge.” Francois v. Miami Dade County, 432 Fed.Appx. 819, 822 (11th Cir.2011).
discussed Cited as authority (rule) Chesnut v. Ethan Allen Retail, Inc.
N.D. Ga. · 2013 · confidence medium
For a charge to be "verified,” it must be “written under oath or affirmation,” Francois v. Miami Dade County, 432 Fed.Appx. 819, 821 (11th Cir.2011) (citing 42 U.S.C. § 2000e-5(b); Vason v. City of Montgomery, Ala., 240 F.3d 905 , 907 (11th Cir.2001)), or "an unsworn declaration under penalty of peijury,” 29 C.F.R. § 1601.3 ; see also Wilkerson, 270 F.3d at 1317. .
discussed Cited as authority (rule) Ahuja v. Bae Systems Information Solutions, Inc. (2×) also: Cited "see"
D.D.C. · 2012 · confidence medium
Third, “the fact [that Plaintiff] filed a timely charge suggests [s]he did not intend [her] intake questionnaire to function as a charge.” Francois v. Miami Dade Cnty., Port of Miami, 432 Fed.Appx. 819, 822 (11th Cir.2011).
discussed Cited "see" Phifer v. Koch Foods of Alabama, LLC (MAG+)
M.D. Ala. · 2025 · signal: see · confidence high
See Francois v. Miami Dade Cnty., Port of Miami, 432 F. App’x 819, 822 (11th Cir. 2011) (affirming summary judgment for employer due to failure to exhaust administrative remedies where the plaintiff did not check the box for national-origin discrimination “or allege any facts in the narrative section that could be construed to raise such a claim”); Ramon v. AT&T Broadband, 195 F. App’x 860 , 865–66 (11th Cir. 2006) (affirming summary judgment for employer on retaliation claim because the plaintiff did not check the retaliation box on her EEOC charge and failed to include allegations …
discussed Cited "see" McCullough v. Cirkul Inc
M.D. Fla. · 2024 · signal: see · confidence high
See Francois v. Miami Dade Cnty., Port of Miami, 432 F. App'x 819, 822 (11th Cir. 2011) (declining to determine whether an EEOC questionnaire may ever be used to decide whether a plaintiff’s Title VII has been exhausted but holding that it certainly cannot where: 1) the questionnaire is not verified, 2) the language of the form did not indicate it would be considered a charge, and 3) a charge was timely filed).
cited Cited "see" Garvey v. Secretary, United States Department of Labor
M.D. Fla. · 2023 · signal: see · confidence high
See Francois v. Miami Dade Cnty., Port of Miami, 432 F. App’x 819, 822 (11th Cir. 2011).
cited Cited "see" Ellison v. Brennan
M.D. Fla. · 2020 · signal: see · confidence high
See Francois v. Miami Dade Cnty., Port of Miami, 432 F. App’x 819, 822 (11th Cir. 2011).
cited Cited "see" Ambus v. Autozoners, LLC
M.D. Ala. · 2013 · signal: see · confidence high
See Francois v. Miami Dade County, Port of Miami, 432 Fed.
discussed Cited "see, e.g." King v. J.B. Hunt Transport, Inc.
N.D. Ga. · 2025 · signal: see also · confidence low
It follows that “judicial claims are allowed if they amplify, clarify, or more clearly focus the allegations in the EEOC complaint, but . . . allegations of new acts of discrimination are inappropriate.” Id. at 1279–80 (internal quotation marks and citation omitted); see also Mulhall v. Advance Sec., Inc., 19 F.3d 586, 589 (11th Cir. 1994) (citing Sanchez) (“A plaintiff’s judicial complaint is limited by the scope of the EEOC investigation 33 ECF 56, at 10–12. 34 Defendant’s citation to Francois v. Miami Dade County, 432 F. App’x 819 (11th Cir. 2011) is distinguishable, as the …
cited Cited "see, e.g." Menefee v. Action Resources LLC
N.D. Ala. · 2020 · signal: see also · confidence medium
Georgia Health Sys., Inc., 255 F.3d 1304 , 1305 (11th Cir.2001); see also Francois v. Miami Dade County, Port of Miami, 432 Fed.Appx. 819, 822 (11th Cir.2011).
James FRANCOIS, Plaintiff-Appellant,
v.
MIAMI DADE COUNTY, PORT OF MIAMI, Defendant-Appellee
10-15145.
Court of Appeals for the Eleventh Circuit.
Jun 23, 2011.
432 F. App'x 819
Joseph Robert Gosz, Cordero & Associates, P.A., Miami, FL, for Plaintiff-Appellant., William X. Candela, Miami-Dade County Attorney’s Office, Miami, FL, for Defendant-Appellee.
Hull, Pryor, Black.
Cited by 21 opinions  |  Unpublished
PER CURIAM:

James Francois appeals the district court’s grant of summary judgment in favor of his former employer, the Miami Dade County Port of Miami (Miami), in his employment discrimination suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), and the Florida Civil Rights Act (FCRA), § 760.07, Fla. Stat. Francois raises two issues on appeal, which we address in turn.

I.

Francois first argues the district court abused its discretion by denying his motion to amend his complaint to include a cause of action for retaliation. Even though he filed his motion 52 days after the deadline to amend pleadings as set by the scheduling order, he asserts the court erred by denying his motion before the[*821] deadline for filing his reply to Miami’s response. [1]

In order to amend a pleading after a court-imposed deadline, a party must show good cause pursuant to Federal Rule of Civil Procedure 16(b). Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir.1998). A party may not show good cause for failing to amend his complaint within the deadline set by the court’s scheduling order where he fails to act diligently in pursuing claims. Id.

We are willing to assume, arguendo, that Francois has preserved his argument that the district court abused its discretion by allegedly denying his motion prematurely. However, even if we further assume the court ruled before the time for filing a reply had expired, Francois still has not shown the denial of leave to amend constituted an abuse of discretion. Francois did not act diligently in pursuing his claim of national origin discrimination. Even if given more time to respond, he would have been hard pressed to show good cause for failing to meet the deadline to amend pleadings. See Sosa, 133 F.3d at 1419. Additionally, Francois does not show the alleged error was anything other than harmless because he does not demonstrate how it affected his substantial rights. Goldsmith v. Bagby Elevator Co., Inc., 513 F.3d 1261, 1276 (11th Cir.2008). Thus, we conclude the district court did not abuse its discretion by denying Francois’ motion to amend his complaint.

II.

Second, Francois argues the court should not have granted summary judgment on his claim of national origin discrimination. Francois contends that even though his Equal Employment Opportunity Commission (EEOC) charge did not include such a claim, he fulfilled the purposes of exhaustion by including the claim in his EEOC intake questionnaire which put Miami on notice of this claim. [2]

In order to file a judicial complaint under Title VII, a plaintiff must first administratively exhaust any claims by filing a charge with the EEOC. 42 U.S.C. § 2000e-5(e); Vason v. City of Montgomery, Ala., 240 F.3d 905, 907 (11th Cir.2001). “[T]he scope of [a] judicial complaint is limited to the scope of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.” Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970) (quotations omitted and emphasis added).

The law is clear that a charge must be verified — i.e., written under oath or affirmation — in order to support a valid judicial suit. 42 U.S.C. § 2000e-5(b); Vason, 240 F.3d at 907. Additionally, “charges should contain, among other things, ‘[a] clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices.’” Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1332 (11th Cir.2000) (quoting 29 C.F.R. § 1601.12(a)(3)), overruled on other grounds by Manders v. Lee, 338 F.3d 1304, 1328 n. 52 (11th Cir.2003) (en banc).

Though we have never directly addressed the effect of an intake questionnaire for exhaustion purposes, we have considered the interrelationship between an EEOC charge and an intake questionnaire several times when assessing whether a charge has been timely filed. In[*822] Wilkerson v. Grinnell Corporation we held an intake questionnaire could be considered a charge for the purpose of satisfying the statute of limitations where: the questionnaire was verified; the questionnaire contained the basic information required by a charge; and the form’s language could have been interpreted to represent a charge. 270 F.3d 1314, 1320-21 (11th Cir.2001).

This is not the general rule, however. In one case, we stated that, “as a general matter an intake questionnaire is not intended to function as a charge.” Pijnenburg v. West Georgia Health Sys., Inc., 255 F.3d 1304, 1305 (11th Cir.2001) (emphasis added). Therefore, we held the plaintiffs unverified intake questionnaire did not satisfy Title VU’s timely filing requirement, as it did not notify her employer of her claim or initiate the EEOC investigation. Id. at 1306. In a second case, we similarly held a plaintiffs intake questionnaire, which was filed along with an affidavit, did not satisfy the requirements of a timely charge. Bost v. Fed. Express Corp., 372 F.3d 1233, 1241 (11th Cir.2004). There, after considering the law set forth in Wilkerson, we noted the circumstances did not support a conclusion that the questionnaire satisfied the timely filing requirement, because: the plaintiff clearly understood the intake questionnaire was not a charge because he later filed a timely charge; the EEOC did not initiate its investigation until after the plaintiff filed his charge; and the question-name form itself did not suggest it was a charge. Id.

Without definitively deciding whether an EEOC intake questionnaire may ever be considered when determining whether a plaintiffs Title VII or FCRA claim has been exhausted, we hold the district court correctly granted summary judgment in this case. First, if only the EEOC charge itself should have been considered, Francois failed to administratively exhaust his national origin discrimination claim because he did not check the box for national origin, or allege any facts in the narrative section that could be construed to raise such a claim of discrimination.

Second, even if an intake questionnaire can be taken into account under certain circumstances, the facts do not support doing so here. As in Pijnenburg, undisputed evidence showed Francois’s intake questionnaire was not verified, and the form language did not indicate it would be considered a charge when a plaintiff also filed a timely charge, as Francois did. Furthermore, the fact Francois filed an actual timely charge suggests he did not intend his intake questionnaire to function as a charge. See Bost, 372 F.3d at 1241.

Finally, none of the evidence demonstrated Miami was on notice of the national origin claim. Moreover, the EEOC did not investigate the national origin discrimination claim. Thus, the district court did not err when it concluded Francois did not fulfill the purposes of exhaustion. See Kilgo v. Bowman Transp., Inc., 789 F.2d 859, 877 (11th Cir.1986) (noting the filing of an EEOC charge serves two purposes: to put the defendant on notice of the claim, and to give the EEOC an opportunity to settle the grievance).

AFFIRMED.

1

. We review a district court’s decision to enforce its pretrial order for an abuse of discretion. See Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir.1998).

2

. We review de novo a district court’s grant of summary judgment. Vason v. City of Montgomery, Ala., 240 F.3d 905, 906 (11th Cir.2001).