IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
GERALD S. BEVERLY, II
SCHOOL BOARD OF BREVARD COUNTY
COMPLAINT AND DEMAND FOR JURY TRIAL
JURISDICTION AND VENUE
Plaintiff, GERALD S. BEVERLY, II, by and through his undersigned counsel, sues Defendant, SCHOOL BOARD OF BREVARD COUNTY and alleges as follows:
1. This is an action for damages that exceed $15,000.00, exclusive of costs, interest, and attorney’s fees.
2. The unlawful employment practices alleged below were committed within Brevard County, Florida.
3. Plaintiff is a 51-year-old male who resides in Brevard County, Florida, and has at all times material herein, resided in Brevard County, Florida.
4. Defendant, School Board of Brevard County is located in Brevard County, Florida and at the time of the acts complained of herein, employed 15 or more persons.
5. Plaintiff has retained the undersigned attorney and agreed to pay a
6. This is an action for damages for age discrimination in violation of Chapter 760, Florida Statutes, the Florida Civil Rights Act.
7. On February 1, 1999 Plaintiff filed a claim with the Equal Employment Opportunity Commission that was dual filed with the Florida Commission on Human Relations (attached hereto as Exhibit “A”) alleging discrimination by Defendant against Plaintiff for failure to promote on the basis of age. More than one hundred eighty (180) days have passed since the filing of said complaint, and the Florida Commission on Human Relations has not entered a determination on Plaintiff’s claim.
8. Plaintiff has exhausted his administrative remedies prior to bringing this action.
9. Plaintiff has complied with all conditions precedent prior to bringing this action.
10. Plaintiff was hired by Defendant on or about 1971 and has served
as a teacher, a guidance counselor and an Assistant Principal during the 29 years he has been working for Defendant.
11. Plaintiff was promoted to Assistant Principal in 1993.
12. On May 11, 1998, Plaintiff, in his position as Assistant Principal, received an “Effective” rating on his Management Performance Appraisal from his supervisor.
13. On June 11, 1998, Plaintiff was told he would not be considered for advancement to principal and would be blocked from being promoted or even being considered for promotion to principal until his supervisors told Defendant’s Human Resources Department otherwise.
14. Although Plaintiff has complied with all directives from his supervisors, Plaintiff is still blocked from being considered for promotion to principal.
15. At all times during his employment with Defendant, Plaintiff performed all duties assigned to him in a professionally competent manner, faithfully followed all instructions given to him by his supervisors, and abided by all the rules and regulations of Defendant.
16. Plaintiff has suffered and continues to suffer grave and severe damage to his financial welfare and his career due to Defendant’s unlawful and discriminatory actions against Plaintiff.
17. Plaintiff has suffered severe mental anguish and emotional distress as a result of Defendant’s actions.
18. As a result of the age discrimination perpetrated by Defendant, Plaintiff has lost income from his job, has been denied career opportunities and has sustained emotional damages in the form of mental anguish and loss of dignity.
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, without limitation:
A. Back pay;
B. Front Pay;
C. Compensatory damages for mental anguish and loss of dignity;
D. Injunctive relief as may be appropriate;
E. Reasonable attorney’s fees and cost of this action.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED this _____day of July, 2000.
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
Wayne L. Allen & Associates, P.A.
Attorneys for Plaintiff
700 N. Wickham Road
Melbourne, Florida 32935
Phone: (407) 254-7550
Fax: (407) 242-1681
Attorney: Maurice Arcadier
Date Filed: 07/26/2000
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.