Case Number:18-003908-CI

Filing # 73420760 E-Filed 06/12/2018 11:13:34 AM

INTHE CIRCUIT COURT OF THE

SIXTH JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA

DWIGHT WILSON

Plaintiff,

V. CASE NO:

CITY OF ST. PETERSBURG

Defendant.
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COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, DWIGHT WILSON, (hereinafter “WILSON,” “Mr. Wilson” or “Plaintiff ’), by

and through the undersigned counsel, hereby files this Complaint and Demand for Jury Trial

against defendant, CITY OF ST. PETERSBURG (hereinafter “ST. PETE” or “Defendant”) and

states the following:

JURISDICTION AND VENUE

1. This is an action brought under Chapter 760.10, Florida Statutes, also known as

the Florida Civil Rights Act of 1992 (hereinafter “The Act”) This Court has jurisdiction pursuant

to § 26.012, Florida Statutes, as the matter in controversy exceeds $15,000.00.

2. Venue is appropriate in Pinellas County pursuant to § 47.011, Florida Statutes

because the events giving rise to this action occurred in Pinellas County.

PARTIES

3. Plaintiff, DWIGHT WILSON, is an African American male citizen of the United

States residing in Pinellas County, Florida.

4. At all times material, Plaintiff was an employee of Defendant.

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 5. Defendant operates the Water Resources Department in St. Petersburg, in Pinellas

County, Florida.

6. At all times material, Defendant has been organized and in existence Within

Pinellas County.

7. At all times material hereto, Defendant employed fifteen (15) or more employees.

Thus, Defendant is an “employer” Within the meaning of the Act, Fla. Stat. Section 760.02(7).

8. Plaintiff has satisfied all conditions precedent to filing this action, or they have

been waived.

ADMINISTRATIVE PREREQUISITES

9. On or about August 13, 2016, WILSON timely filed a Charge of Discrimination

with the US. Equal Employment Opportunity Commission (EEOC) against ST. PETE. This

action operated as a dual filing with the Florida Commission on Human Relations (FCHR)

pursuant to the EEOC/FCHR workshare agreement. In the Charge of Discrimination, WILSON

alleged he was the subject of unlawful discrimination based upon his race and had suffered

retaliation for engaging in a protected activity. At that time, WILSON became an “aggrieved

person” as defined in § 760.02(10), Florida Statutes. A copy of WILSON’S Charge of

Discrimination, EEOC Charge No. 511-2016-02260 is attached as Exhibit A.

10. More than 180 days have passed since WILSON filed his Charge of

Discrimination and the FCHR has not issued a determination.

GENERAL ALLEGATIONS

11. Plaintiff is African American.

12. On January 2, 2007, ST. PETE hired WILSON to the position of Assistant

Director in the Water Resources Department.

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 13. WILSON was hired by the Director of Water Resources at that time, Patti

Anderson.

14. When Patti Anderson retired in 2008, Plaintiff stepped in to serve as the Interim

Director.

15. In its history, the Department of Water Resources has never had an African

American Director of Water Resources.

16. St. Pete selected George Cassady (White male) to replace Patti Anderson as the

Director of Water Resources. WILSON continued to work as Assistant Director under Mr.

Cassady.

17. When George Cassady resigned in 2012, WILSON filled the role of Interim

Acting Director of Water Resources but was paid less than other Interim Acting Directors in the

past.

18. Plaintiff was told by another employee at ST. PETE that he was the “black

version of his predecessor.”

19. While acting as Interim Director, WILSON applied for the permanent positon of

Director, but ST. PETE promoted Assistant Director Steve Leavitt (White male) to act as Director

of Water Resources.

20. WILSON worked under Steve Leavitt, the Director of Water Resources, until ST.

PETE terminated WILSON in 2016.

21. When Plaintiff counseled or issued directives to subordinate White employees,

Defendant’s upper management overturned Plaintiff’ s decisions and sided with the White

subordinates.

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 22. On at least one occasion WILSON reported to Mr. Leavitt and to Human

Resources department that certain White subordinates were openly dismissive of his efforts to

manage them and should be counseled on this behavior. Neither Mr. Leavitt nor HR did anything

to address this problem.

23. In September of 2015, Mr. Leavitt informed WILSON that he planned to retire

from his position as Director of Water Resources in the near future.

24. In September of 2015, WILSON spoke with Gary Cornwell in HR about

replacing Mr. Leavitt if and when he did retire.

25. Mr. Cornwell informed WILSON that he would not be considered to replace Mr.

Leavitt despite his experience of working as the Assistant Director for nine years and his ample

qualifications for the Director position.

26. On April 7, 2016, WILSON informed Steve Leavitt that he was going to file an

EEOC charge relating to race discrimination and a hostile environment based on race because he

would not be considered for a promotion to the position of Director of Water Resources and

because ST. PETE had ignored his repeated complaints that certain White employees openly

disrespected him and ignored his management.

27. On April 11, 2016, Steve Leavitt informed WILSON that he was eliminating his

position and terminating him effective September 30, 2016.

28. Mr. Leavitt informed WILSON that the positions of Manager of Technical

Support and Manager of Business Services were also selected for elimination at this time. These

positions were held by John Parks (White male) and Evelyn Rosetti (White female) respectively.

However, these positions were never, in fact, eliminated and these individuals retained their

positions.

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 29. The restructuring did not in fact eliminate WILSON’S position but simply

renamed it from Assistant Director to Section Leader and added a second position also called

Section Leader of similar rank and responsibility.

30. WILSON was qualified, Willing and available to accept one of the open Section

Leader positions created in the restructuring by ST. PETE.

31. In September 2016, ST. PETE promoted John Palenchar (White male) as Interim

Director to fill the vacancy created by Steve Leavitt’s departure. Mr. PalenchaI, who is less

experienced and less qualified than WILSON for this position, became the full time Director of

Water Resources in November or December of 2017.

32. ST. PETE did not interview or consider WILSON for the position of Interim

Director when it hired Mr. Palenchar.

33. Plaintiff performed the duties of his position with Defendant in an exemplary

manner.

34. At all times material hereto, Defendant engaged in a pattern or practice of racial

discrimination and in a pattern or practice of retaliation against those who oppose such actions or

who participate in processes designed to redress such unlawful practices.

35. At all material times hereto, Defendant exhibited a deliberate indifference to the

racial discrimination, national origin discrimination, and retaliation suffered by Plaintiff.

36. Plaintiff was the only African American Assistant Director employed by

Defendant and the only African American employee in the Water Resources Department’s upper

management team.

37. Defendant’s entire management team consisted of White males and one White

female.

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 38. WILSON has suffered damages because of discrimination based on race While

working as an employee of ST. PETE. These damages are compensable under the Florida Civil

Rights Act.

IN
DISCRIMINATION BASED ON RACE
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VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT OF 1992

39. WILSON realleges the allegations put forth in Paragraphs one (1) through thirty-

five (35) as if set forth fully herein.

40. This is an action against Defendant for discrimination based on race brought

under the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et seq. (“FCRA”).

41. The FCRA makes it unlawful to discriminate against any individual in the terms,

conditions, or privileges of employment based on that person’s race.

42. WILSON is a member of a protected class and protected by the FCRA from

discrimination based on his race.

43. WILSON has satisfied all procedural and administrative requirements set forth in

the Florida Civil Rights Act, Section 760.01, et seq., Florida Statutes.

44. Both Employer’s failure to promote WILSON and its ultimate termination of

WILSON were based, at least in part, on his race.

45. Defendant is liable for the race-based discrimination WILSON faced because it is

responsible for the actions taken by Steve Leavitt, in his capacity as the Director of Water

Resources, and Gary Cornwell.

46. The discrimination complained of herein affected a term, condition, or privilege

of Plaintist continued employment with Defendant. The events complained of herein resulted

in, at least in part, adverse action against WILSON including his termination.

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 47. The unlawful employment practices complained of above were intentional and

done with the express purpose of denying WILSON continued employment.

48. WILSON was injured due to Defendant’s Violations of the FCRA, for which

Plaintiff is entitled to legal and injunctive relief.

49. As a direct, natural, proximate and foreseeable result of Defendant’s acts, Plaintiff

has suffered loss of employment, loss of front pay, loss of back pay, loss of privileges and

benefits, and has suffered and continues to suffer mental and emotional distress, humiliation,

expense, embarrassment, and damage to his professional reputation. Plaintiff has suffered and

will continue to suffer irreparable injury caused by Defendant’s conduct described herein.

WHEREFORE, Plaintiff respectfully invokes the remedial powers of this Court as

provided in the Florida Civil Rights Act of 1992, and prays for a judgment:

A. Reinstating Plaintiff to the equivalent position of his employment with CITY OF

ST PETERSBURG;

B. Preliminarily and permanently enjoining and restraining Defendant CITY OF ST.

PETERSBURG from engaging in acts of discrimination against Plaintiff;

C. Awarding Plaintiff back pay, front pay, prejudgment interest, and damages for all

employment benefits he would have received but for the discriminatory acts and practices of

Defendant CITY OF ST. PETERSBURG;

D. Awarding Plaintiff compensatory damages against Defendant CITY OF ST.

PETERSBURG;

E. Awarding reasonable attorney's fees and costs incurred in this action as provided

in Section 760.11(5), Florida Statutes.

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 F. Ordering such additional equitable relief as is proper and just, including, but not

limited to, reinstatement to the equivalent position of employment, the discipline and discharge,

pursuant to Section 760.1 1(15), of any employees of Defendant CITY OF ST. PETERSBURG

w
found to have violated the Florida Civil Rights Act of 1992 by discriminating against

RETALIATION FOR REPORTING UNLAWFUL

DISCRIMINATION ON THE BASIS OF RACE IN
Plaintiff.

VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT

50. Plaintiff, DWIGHT WILSON, re-alleges and incorporates by reference the

allegations set forth in paragraphs one (1) though thirty-five (35) as set forth above as if set forth

fully in this count.

51. This is an action against Defendant alleging retaliation for engaging in a protected

activity in Violation of the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et seq. (“FCRA”).

52. The FCRA makes it unlawful to retaliate against any individual in the terms,

conditions, or privileges of employment based on that person’s engagement in a protected

activity.

53. Plaintiff is a member of a protected class by his engagement in a protected

activity and is protected by the FCRA from retaliation.

54. Plaintiff has satisfied all procedural and administrative requirements set forth in

the Florida Civil Rights Act, Section 760.01, et seq., Florida Statutes.

55. Employer’s termination of Plaintiff was based on his engagement in a protected

activity.

56. On April 6, 2016 Plaintiff engaged in a protected activity when he informed his

boss, Steve Leavitt, that he had decided to file an EEOC charge against ST. PETE relating to two

issues: 1) the continued refusal of ST. PETE to address certain White employees’ actions

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 showing disrespect towards Plaintiff; and 2) ST. PETE’s statement that Plaintiff would not be

considered as a potential replacement for Mr. Leavitt when he elected to retire.

57. On April 11, 2016, Steve Leavitt informed WILSON that his position was being

eliminated and that he would be terminated.

58. Defendant retaliated against Plaintiff for engaging in protected activity under the

FCRA by terminating his employment.

59. Defendant is liable for the retaliation Plaintiff suffered because the retaliatory

action was taken by his boss, Steve Leavitt, the Director of Water Resources.

60. The retaliation complained of herein affected a term, condition, or privilege of

Plaintiff’ 5 continued employment with Defendant. The events complained of herein resulted in,

at least in part, adverse action against Plaintiff including his constructive termination.

61. The unlawful employment practices complained of above were intentional and

done with the express purpose of denying Plaintiff continued employment.

62. Plaintiff was injured due to Defendant’s Violations of the FCRA, for which

Plaintiff is entitled to legal and injunctive relief.

63. As a direct, natural, proximate and foreseeable result of Defendant’s acts, Plaintiff

has suffered loss of employment, loss of front pay, loss of back pay, loss of privileges and

benefits, and has suffered and continues to suffer mental and emotional distress, humiliation,

expense, embarrassment, and damage to his professional reputation. Plaintiff has suffered and

will continue to suffer irreparable injury caused by Defendant’s conduct described herein.

WHEREFORE, Plaintiff respectfully invokes the remedial powers of this Court as

provided in the Florida Civil Rights Act of 1992, and prays for a judgment:

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 A. Reinstating Plaintiff to the equivalent position of his employment with CITY OF

ST PETERSBURG;

B. Preliminarily and permanently enjoining and restraining Defendant CITY OF ST.

PETERSBURG from engaging in acts of discrimination or retaliation against Plaintiff;

C. Awarding Plaintiff back pay, front pay, prejudgment interest, and damages for all

employment benefits he would have received but for the discriminatory acts and practices of

Defendant CITY OF ST. PETERSBURG;

D. Awarding Plaintiff compensatory damages against Defendant CITY OF ST.

PETERSBURG;

E. Awarding reasonable attorney's fees and costs incurred in this action as provided

in Section 760.11(5), Florida Statutes.

F. Ordering such additional equitable relief as is proper and just, including, but not

limited to, reinstatement to the equivalent position of employment, the discipline and discharge,

pursuant to Section 760.1 1(15), of any employees of Defendant CITY OF ST. PETERSBURG

found to have violated the Florida Civil Rights Act of 1992 by discriminating against Plaintiff.

DEMAND FOR TRIAL BY JURY

Plaintiff respectfully requests a trial by jury.

Dated this 12th day of June 2018.

/S/ Gary L. Printv, Jr.

GARY L. PRINTY, JR. Esq.
Florida Bar No. 41956
Printy & Printy, PA.
3411 W Fletcher Ave, Ste A
Tampa, Florida 33618
(P): (813) 434-0649
(F): (813) 423—3722
garvi r@printvlawfirm.com
Attorney for Plaintifl D WIGHT WILSON

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