Employment & Labor Law
Please select a topic from the drop down list
Herve Gaston v. Miami-Dade County
17 Fla. L. Weekly Fed. D53a (S.D. Fla. Nov. 6, 2003)
Plaintiff filed a complaint against defendant alleging he was demoted, subjected to a hostile work environment and ultimately fired because of his race and national origin. The plaintiff also alleged retaliation in violation of Title VII. The court found that plaintiff established he was a member of a protected class and that he suffered adverse job actions when defendant dismissed him from one position and then terminated him from another. The court found that the plaintiff had not established, however, that similarly situated non-minority employees were treated differently. The evidence showed that the plaintiff refused to perform assigned work, left work without authorization, lost his temper in the workplace and shouted at his supervisors. Plaintiff had not alleged that any other employee behaved similarly yet remained employed. Plaintiff therefore failed to establish a prima facie case of discrimination. The plaintiff
Topic(s)
