Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 1 of 10 PageID 1

FILED
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

2016 NOV 23 PH 2: 27
US D!SliHCT CC:UQT
liiDDLE1 DISTRICT OF f Lf'i'iO
(lf LMID "l, Ft \.Jq
,..ori
"
'LJ1\_, '
0

LAMAR BURGESS,
Plaintiff,

Case No. 6:16-cv-2052-Orl-31-DCI

vs.

-------

SCHOOL BOARD OF BREVARD COUNTY,

Defendant.

~------~~~----''
COMPLAINT; DEMAND FOR JURY TRIAL

Comes now Plaintiff, Lamar Burgess, by and through undersigned Counsel, and files this
Complaint; Demand for Jury Trial and states:
Count I. Title VII Racially Disparate Treatment
42 U.S.C. lOOOE-1, et seq.

1.

Subject matter jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1331

and 1343, based on the federal civil rights violations alleged herein.

2.

Venue is proper in this Court because the violations alleged occurred in Brevard

County, Florida, which is within this Court's geographical district.

3.

Plaintiff, Lamar Burgess, is a black African-American man, a citizen of the

United States, and a resident of Brevard County, Florida.

4.

Defendant, School Board of Brevard County, is a governmental entity that owns

and operates public schools in Brevard County, Florida, and is subject to suit in this Court.
5.

The School Board initially hired Mr. Burgess as a Maintenance Worker on

February 11, 1983.

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 2 of 10 PageID 2

6.

On or about July 2, 2007, Mr. Burgess began working as a HVAC III and was

given the job title of Filter Manager.

7.

From 2008 through 2012, Mr. Burgess received glowing annual evaluations that

contained no mention of any need for improvement.

8.

In late 2011, a white man named Dennis Bonny was put into the position of

Director of Maintenance and was in Mr. Burgess's chain of supervision.

9.

In 2012, a white man named Danny Stephenson, a HV AC Supervisor, was Mr.

Burgess's immediate supervisor.

10.

On or about January, 2013, Mr. Stephenson told Mr. Burgess that Mr. Burgess ad

"better watch out" because Dennis Bonny was "an active member of the Sons of the
Confederacy."
11.

Every workday from approximately March, 2012, through at least August, 2013,

Danny played Rush Limbaugh, Glen Beck, at an extremely loud volume over a radio in the
workplace, to which Mr. Burgess often was subjected and about which he felt to be very hostile
towards himself and other black people.
12.

While at the workplace during work hours in 2012, a white supervisor told Mr.

Burgess that Mr. Stephenson used the word "nigger" to refer to black people, the phrase "nigger
lover" to refer to a white employee married to a black woman, and said that "fried chicken and
watermelon" would be served at President Obama's 2013 inauguration dinner.
13.

During work hours at the workplace on or about November, 2012, a white

supervisor told Mr. Burgess that Mr. Bonny stated I'm going to get rid of all of those niggers and
nigger lovers up there [in the area where Mr. Burgess worked] and put them all back in the
field."

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 3 of 10 PageID 3

14.

Beginning on or about March, 2012, Danny Stephenson made untrue criticisms of

Mr. Burgess's job performance.

15.

On November 5, 2012, the School Board, through Mr. Bonny, required that

Burgess produce a high school diploma or equivalent by November 19, 2012, or face termination
of employment.
16.

Mr. Burgess's white coworkers were not required to have high school diploma or

equivalent.
17.

On or about January 30, 2013, Mr. Burgess received a (falsely) unfavorable

evaluation, but was not placed on a professional development plan as comparable white
employees would have been placed.
18.

On or about April 30, 2013, Mr. Burgess presented his newly obtained G.E.D. to

the School Board.

19. On May 10, 2013 Mr. Burgess received a copy of his new Duties and
Responsibilities. Mr. Burgess went from testing 30+ cooling towers to 60 County wide. This
job had been assigned to a white coworker who was not able to complete the task alone, and Mr.
Burgess had been assigned to help him. Shortly thereafter, Mr. Elmore was reassigned to another
job, which left Mr. Burgess with 61 Cooling Towers. Mr. Elmore never had to follow a set
schedule or be subjected to this type of demands to complete this job, but Mr. Burgess did.
20. On or about May, 2013, Mr. Bonny made false accusations towards Mr. Burgess for not
completing certain tasks on time and about problems with the filter program.
21. On or about May, 2013, Mr. Burgess ask Mr. Stephenson for more Employee Daily
Cost Cards. Mr. Stephenson made new cost cards with a place to record "time on task." No
comparable white employee has to record "TIME ON TASK."

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 4 of 10 PageID 4

22. In the month of May, 2013, Mr. Burgess was told by Mr. Stephenson to report to
Rob Leach (Communication Specialist) with the Lap Top that was provided to Mr. Burgess. At
that time, all of Mr. Burgess's Email files were removed. When Mr. Burgess ask why, Mr. Leach
said that he is only doing what he was told to do. Thereafter, Mr. Burgess made numerous
requests to Mr. Stephenson for a copy of the email files but to no avail. Mr. Burgess then made a
Public Records Request to get copies of his email files, but only received a copy of a 517/2013
memorandum from Mr. Bonny to Katherine Greeney that no files were removed.
23. On or about MAY 13, 2013, Mr. Burgess received an Oral Warning Reduced to
Writing, supposedly for failing to timely report his whereabouts on May 3rd, 6th and 8th, 2013 -even though Mr. Burgess never had been given a deadline to report his whereabouts.
Comparable white employees were not subjected to that requirement, or to such discipline and
close scrutiny.
24. On or about MAY 14, 2013, Mr. Burgess received a Letter of Reprimand for "failure
to follow rainy day procedures," even though Mr. Burgess always had done what he had been
told to do by the Lead, Bobby Ames; and, even though Mr. Burgess never had been told of
"rainy day procedures" (with the possible exception of being told to stay dry).
25. On or about MAY 14, 2013, a white supervisor provided Mr. Burgess with a
5/2/2013 email to all
Supervisors -- but not non-supervisory personnel like Mr. Burgess -- stating the new rainy day
procedure.
26.

On or about May, 2013, Mr. Burgess had been informed by Lead Bobby Ames

that in attempt to have Mr. Burgess fired, Mr. Stephenson had solicited Ames and coworker
Danny McPherson Ames to write statements about conversations that Mr. Burgess supposedly

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 5 of 10 PageID 5

had with Ames and McPherson, and Ames and McPherson were to sent the statements to Human
Resources.
27. On or about May, 2013, Mr. Stephenson and Mr. Bonny -- evidently after
interrogating School Board employees with whom Mr. Burgess contacted in the course of his
typical workday -- forbade Mr. Burgess from visiting any office staff for any reason; e.g., to
obtain a routine purchase order for something Mr. Burgess needed for his work.
28. A white supervisor Al Mondanius (phonetic spelling), that all of the adverse
treatment of Mr. Burgess "is coming from Dennis Bonny."
29.

On or about August 8, 2013, the School Board's HR Director sent Mr. Burgess a

letter terminating his employment with the School Board effective August 8, 2013, supposedly
because of "misconduct: gross insubordination."
30.

Mr. Burgess had not engaged in any misconduct or insubordination, and he filed a

grievance against the School Board for the wrongful termination.

31.

Because no evidence of misconduct or insubordination existed, the School Board

was required to reinstate Mr. Burgess, supposedly without penalty.

32.

On or about August 30, 2013, the School Board demoted Mr. Burgess from

HV AC Ill entry-level Custodian, which included a non-negotiated, substantial decrease in pay

and an assignment to work out of the geographical area for which he had contracted.
33.

After The reduction in Mr. Burgess's annual pay was about$ t 0,000.00.

34.

Part of the continued discrimination and retaliation against Mr. Burgess included

transferring him from his long-time job that required him to make a one-mile commute to work,
to a job that required him to make a 23-mile commute; i.e., from the School Board's Rockledge
Maintenance site to the South Area Transportation office in Melbourne.

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 6 of 10 PageID 6

35.

The School Board also denied all of Mr. Burgess's approximately 80 applications

for job transfers and promotions after August, 2013 -- supposedly because of items in his
personnel file.
36.

Regarding those applications to change his job from an entry-level custodian far

from his home. HR personnel told Mr. Burgess the falsehood that he would have to wait 12
months before he could change his job. White employees were not subjected to such a constraint
37.

The School Board is a covered employer under Title VII.

38.

Mr. Burgess is a covered employee under Title VII because of his race and

because of engaging in the protected activity of complaining about racial discrimination and
retaliation.
39.

Mr. Burgess exhausted his administrative remedies by filing this action within 90

days of receiving a Right-To-Sue letter from the Equal Employment Opportunity Commission
(EEOC).
40.

The School Board violated Mr. Burgess's civil rights under Title VII by treating

him substantially worse than similarly situated white employees because of his race regarding
the terms and conditions of his employment.
41.

As a result of the School Board's violation as alleged in this Count. Mr. Burgess

has been injured and has suffered damages. including pain and suffering. emotional distress and
mental anguish. and economic damages.
42.

Mr. Burgess demands all relief that is just and equitable, including compensatory

damages, plus costs and attorney fees as provided by Title Vil.

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 7 of 10 PageID 7

Count IL Title VII Racially Hostile Workplace

42 U.S.C. 2000E-l, et seq.

43.

Mr. Burgess realleges Paragraphs I through 39, and states additionally or

alternatively:
44.

The School Board violated Mr. Burgess's civil rights under Title VII by harassing

him and by treating him with frequent and severe hostility because of his race.
45.

As a result of the School Board's violation as alleged in this Count, Mr. Burgess

has been injured and has suffered damages, including pain and suffering, emotional distress and
mental anguish, and economic damages.
46.

Mr. Burgess demands all relief that is just and equitable, including compensatory

damages, plus costs and attorney fees as provided by Title VII.

Count m. Title VII. Retaliation
42 U.S.C. 2000E-l, et seq.

47.

Mr. Burgess realleges Paragraphs I through 39 and 44, and states additionally or

alternatively:
48.

The School Board took adverse action against Mr. Burgess because he

complained about the racial harassment, racial discrimination, and retaliation against him on his
job.
49.

The adverse action constitutes retaliation so severe and pervasive as to deter a

reasonable person in Mr Burgess's position from exercising their legal rights and from initiating
and maintaining a complaint of discrimination or retaliation.
50.

The School Board violated the Title VII prohibition against discrimination; and as

a result of the School Board's violation as alleged in this Count, Mr. Burgess has been injured

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 8 of 10 PageID 8

and has suffered damages, including pain and suffering, emotional distress and mental anguish,
and economic damages.
51.

Mr. Burgess demands all relief that is just and equitable, including compensatory

damages, plus costs and attorney fees as provided by Title VII.

Count IV. FCRA Racially Disparate Treatment
Florida Statute 760.01, et seq.

52.

Mr. Burgess realleges Paragraphs I through 36, and states additionally or

alternatively:
53.

Supplemental jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1367

for these Florida Civil Rights Act (FCRA) claims that are so related to claims in the action
within original jurisdiction that they form part of the same case or controversy under Article III
of the United States Constitution.
54.

The School Board is a covered employer under the FCRA.

55.

Mr. Burgess is a covered employee under the FCRA because of his race and

because of engaging in the protected activity of complaining about racial discrimination and
retaliation.
56.

Mr. Burgess exhausted his administrative remedies by filing this action more than

180 days after filing his administrative complaint with the Florida Commission on Human
Relations.
57.

The School Board violated Mr. Burgess's civil rights under the FCRA by treating

him substantially differently and worse than similarly situated white employees because of his
race regarding the terms and conditions of his employment.

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 9 of 10 PageID 9

58.

As a result of the School Board's violation as alleged in this Count, Mr. Burgess

has been injured and has suffered damages, including pain and suffering, emotional distress and
mental anguish, and economic damages.
59.

Mr. Burgess demands all relief that is just and equitable, including compensatory

damages, plus costs and attorney fees as provided by the FCRA.

Count V. FCRA Racially Hostile Workplace
Florida Statute 760.01, et seq.
60.

Mr. Burgess realleges Paragraphs 1 through 36 and 53 through 56, and states

additionally or alternatively:
61.

The School Board violated Mr. Burgess's civil rights under the FCRA by

harassing him and by treating him with frequent and severe hostility because of his race.
62.

As a result of the School Board's violation as alleged in this Count, Mr. Burgess

has been injured and has suffered damages, including pain and suffering, emotional distress and
mental anguish, and economic damages.
63.

Mr. Burgess demands all relief that is just and equitable, including compensatory

damages, plus costs and attorney fees as provided by the FCRA.

Count VI. FCRA Retaliation
Florida Statute 760.01, et seq.
64.

Mr. Burgess realleges Paragraphs I through 36, 48 through 49, 53 through 57, and

61; and, states additionally or alternatively:

65.

The retaliation by the School Board against Mr. Burgess violated the FCRA.

Case 6:16-cv-02052-GAP-DCI Document 1 Filed 11/23/16 Page 10 of 10 PageID 10

'

66.

As a result of the School Board's violation as alleged in this Count, Mr. Burgess

has been injured and has suffered damages, including pain and suffering, emotional distress and
mental anguish, and economic damages.
67.

Mr. Burgess demands all relief that is just and equitable, including compensatory

damages, plus costs and attorney fees as provided by the FCRA.

Demand for Jury Trial

Mr. Burgess demands trial by jury on all issues so triable.

Respectfully submitted by:

s/ Mark E. Tietig
Mark E. Tietig, Trial Counsel
Fla. Bar No. 105465
Tietig & Tietig, P.A.
6065 South Tropical Trail
Merritt Island, FL 32952
(321) 452-9944
Facsimile: (321) 452-6960
mt@tietig.com
Attorney for Plaintiff Lamar Burgess