16865: (Hermantin) Sun-Sentinel-Jury awards Fort Lauderdale employee $475,000 for 'emot (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: leonie hermantin <lhermantin@hotmail.com>

Jury awards Fort Lauderdale employee $475,000 for 'emotional pain'



By Lisa J. Huriash
Staff Writer

October 1, 2003

FORT LAUDERDALE · A Fort Lauderdale federal jury on Tuesday awarded $475,000
in back pay and compensation for emotional pain and anguish to a city
maintenance worker who claimed discrimination.

The city, already facing serious budget problems, will bear the brunt of the
cost because its insurance carrier won't cover the majority of the award.
The company had agreed to pay $130,000 in 2001 and urged the city to settle
the case, saying the city would have to pay any additional costs. Instead,
the city opted to fight it out in court and hired an outside attorney.

On top of the award, the city will have to pay Timothy St. Fleur's
attorneys' fees. The amount will be determined at a future court hearing,
but attorneys Reginald Clyne and Cynthia Everett will be asking for
$300,000.

The city, in a prepared statement Tuesday, said it would seek to have the
verdict overturned and maintained that St. Fleur was not discriminated
against.

"We're disappointed," said acting City Manager Bud Bentley. "We know the
city did not discriminate or condone any discrimination."

St. Fleur, who is Haitian, wanted to move out of the landscape maintenance
division into a higher position as a tree trimmer in 1998. He said the
position was supposed to be based on seniority, but to exempt him, the city
required he take an exam. He was passed over for the job after being told he
wasn't qualified.

The city's statement said "promotional decisions were based upon safety
concerns, and the relative qualifications and experience of the candidates,
not the race or national origin of the individuals."

Eventually he was promoted to the tree trimmer position with back pay and
seniority.

The city's civil rights director found that St. Fleur had been discriminated
against because of his race and national origin. And the federal Equal
Employment Opportunity Commission in Miami issued a "cause" finding, that
the discrimination likely occurred, but efforts to mediate failed.

St. Fleur sued in 2000. He also alleged that after he filed his
discrimination suit, he was retaliated against. St. Fleur contended that he
was subjected to more severe scrutiny and criticism from supervisors and
co-workers and limited to ground work because he complained about
discrimination.

The city said the job change was temporary after St. Fleur injured himself.

The city considered a settlement on condition that St. Fleur resign. He
refused to go, saying "he was the victim, and as a victim he should not be
punished and made to leave the city," Clyne said.

Tuesday's verdict is the latest in a series of awards and settlements in the
past few years as the city has come under fire for allegedly being racist
and unfair to workers. In December, engineering inspector Elgin Jones
resigned as part of an agreement with the city to settle his discrimination
lawsuit for $455,000.

"The city's basically wasting money by fighting these claims," Clyne said.
"If you get rid of a few bad managers" these cases can be avoided.

St. Fleur, 42, of Lauderdale Lakes, an employee since 1993, still works in
the parks department and won't go until he retires, he said Tuesday. He said
additional discrimination suits are inevitable.

"Someone will file a discrimination lawsuit. The same thing is still going
on right now," he said. "They haven't attempted to change at all. It was a
good victory. This is a message they cannot continue doing what they're
doing."

Staff Writer Brittany Wallman contributed to this report.

Lisa J. Huriash can be reached at lhuriash@sun-sentinel.com or 954-356-4557.
Copyright © 2003, South Florida Sun-Sentinel

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