Aburaad v. Haines City

Aburaad v. Haines City

Opinion

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on "Defendant Haines City, Florida's Motion for Final Summary Judgement and Incorporated Statement of Facts and Memorandum of Law," filed on June 11, 2021. (Doc. 34). Plaintiff filed a response in opposition on June 29, 2021. (Doc. 41). Defendant filed a reply on July 9, 2021. (Doc. 44). Based on the motion, response, reply, court file, and record, the Court finds as follows:

Background

In 2015, Plaintiff Jairo Aburaad was hired by Defendant Haines City, Florida, as a Service Worker in the Utilities Department. In 2015, Defendant promoted him to Plant Maintenance Worker, and he began installing water meters, filling in for a Meter Technician who had left Defendant's employment. Plaintiff was then promoted to Meter Technician and continued to install meters and perform other tasks required [*2]  by that position. Plaintiff was born in Colombia and was 62 years old when Defendant hired him. He alleges that Defendant discriminated against him during his employment based on his age and race or national origin by assigning him more difficult work than other, younger Meter Technicians of different races and by denying him a promotion. Plaintiff also complains that a co-worker harassed him by calling him derogatory, xenophobic, or racist names. On June 4, 2019, Plaintiff filed an EEOC charge complaining about this conduct. He alleges that Defendant retaliated against him for this filing by giving him a negative annual performance evaluation and setting onerous goals not demanded of others. In July 2019, Defendant began rotating duties between the different meter technicians; at the time of his deposition in September 2020, Plaintiff was satisfied with how Defendant was treating him. Plaintiff voluntarily resigned from his employment with Defendant on May 24, 2021.

On September 16, 2019, Plaintiff filed suit asserting claims for discrimination and retaliation under the Age Discrimination in Employment Act ("ADEA") and Title VII. Defendant has moved for summary judgment.

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