Miami-Dade County

(30) SEAN ST. LOUIS vs. FLORIDA INTERNATIONAL UNIVERSITY, BOARD OF TRUSTEES

 

County/Docket #/Judge: Miami-Dade / 06-06148 CA (6) / Scott J. Silverman

 

Plaintiff(s) Attorney(s): Erika Deutsch Rotbart of Deutsch Rotbart & Associates, P.A., Boca Raton

 

Defendant(s) Attorney(s): Robert T. Kofman and Ingrid H. Ponce of Stearns, Weaver, et al., Miami

 

Age/Sex/Occupation Of Plaintiff: n/a / M / Assistant Controller

 

Cause Of Injury: Employment/Termination/Race Discrimination. Plaintiff, a black male, was employed by Defendant in 1997 as an Assistant Controller of Contracts and Grants in the Miami campus. Plaintiff alleged that Defendant violated his rights under the Florida Civil Rights Act of 1992, Fla. Stat. § 760.10, when Defendant discriminated against him on the basis of his race and then terminated his employment. Plaintiff alleged that Defendant’s employment practices denied black employees the same treatment and benefits as non-black Hispanic employees and that Defendant subjected Plaintiff to intentional discrimination on the basis of his race. Plaintiff alleged that he was forced into resignation from his employment with Defendant on November 26, 2004. On April 4, 2005, Plaintiff filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). The EEOC issued a Dismissal and Notice of Right to Sue on December 6, 2005. The EEOC was unable to conclude that any violation had occurred.

 

Plaintiff alleged that in the course of his employment, Defendant subjected Plaintiff to discriminatory treatment in the workplace and denied black employees the same treatment, benefits, compensation, and other opportunities afforded to non-black Hispanic employees.

 

On October 1, 2004, Plaintiff attended a meeting with the Director of Human Resources and the Associate Director of Employee Relations where he received both oral and written notification that he was being terminated from his position as Associate Controller for Contracts and Grants and that the entire Contracts and Grants Department was being abolished. On this same date, the two directors met with Plaintiff and other employees from the Contracts and Grants Department where they were advised that the department was being abolished and that they could reapply for new positions but that the new positions required more sophisticated skills than the unit possessed. The majority of employees in the Contracts and Grants Department were black and had worked for the Defendant for several years.

 

On October 4, 2004, Plaintiff met with his supervisor, who advised him that the Human Resources department had made an error and that Defendant wanted Plaintiff to remain as an employee.

 

Plaintiff alleged that he discovered that his position had been advertised on September 6, 2004, under a different title; he applied but was not re-hired. Plaintiff also alleged that the department for which he worked had not been abolished but had had its name changed, with several Hispanic workers hired to replace the black employees who formerly worked in that department, including one of Plaintiff’s former employees who had been previously trained by Plaintiff. Plaintiff alleged that this employee had fewer skills and qualifications than Plaintiff and replaced Plaintiff (she was Hispanic).

 

After learning of his termination, Plaintiff alleged that he raised his concerns to several individuals regarding the fact that black employees were being discriminated against; that he was forced into resignation because his contract was not renewed and he was not rehired by Defendant; and that he was retaliated against for having complained about his concerns as to race discrimination. Plaintiff filed a complaint on March 29, 2006, alleging race discrimination and retaliation under the Florida Civil Rights Act and Fla. Stat. § 760.11(5) for compensatory and punitive damages.

 

Nature Of Injury: Loss of benefits; emotional distress; mental anguish.

 

Expert Witnesses: n/a

 

Verdict: $2,572,241 for Plaintiff on July 18, 2008 ($72,241.00 – past loss of benefits; $2,500,000 – mental anguish).

 

Editor's Note: This was a three-week trial. The jury was composed of two females and five males; the alternate was female. The jury deliberated for two and one-half hours. The jury found as to the claim of discrimination because of race that: (1) race was a substantial or motivating factor for the discharge; and (2) race was a substantial or motivating factor in Defendant’s decision not to rehire Plaintiff. The jury further found as to the claim of retaliation that Defendant subjected Plaintiff to unlawful retaliation. Both parties have filed notices of appeal, which are pending.