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DEFENDANT’S Racial Discrimination – Civil Rights – Violation of 42 U.S.C. – Defendant allegedly terminates the African-American plaintiff under the pretext of violating company policy then replaces the plaintiff with a Caucasian – Wrongful termination.

U.S.D.C. - Southern District of Florida

The African American male plaintiff in this racial discrimination action alleged that the defendant company came up with a pretextual policy that the plaintiff violated in order to fire the plaintiff. The plaintiff maintained that the only reason they wished to terminate the plaintiff was due to his race. The defendant denied that the plaintiff was terminated because of his race and argued that he violated the company Anti Fraternization policy resulting in his termination.

From ________ to ________ the African American plaintiff worked for the defendant insurance company as an insurance agent. In ________, a district manager position came open after the previous district manager was let go due to allegations of sexual discrimination and harassment. On September 1, ________, the plaintiff was promoted into the open district manager position by his supervisors. Upon being placed into the new position, the plaintiff noticed that he was being micromanaged by his supervisors, he was not provided the same amount of support staff as other district managers, and he was not provided with vacation leave or bereavement leave.

The plaintiff alleged that he was treated unreasonably in an attempt to get the plaintiff to resign from the district manager position. In September of ________, management was informed of the plaintiff’s relationship with a female coworker. An employee with human resources confronted the plaintiff stating she had evidence of the plaintiff’s relationship with a coworker which the employee claimed was in violation of the company’s Anti Fraternization policy. The plaintiff was then terminated by a Regional Vice President for violating the company’s Anti Fraternization policy.

The plaintiff argued that he was never provided with such a policy and did not know that such a policy existed. The plaintiff asked for the real reason he was being terminated and claimed that the Regional Vice President told him it was because the company just was not ready to have a black District Manager in the Jacksonville, Florida area. In December of ________, the defendants hired a Caucasian male as the new District Manger to replace the plaintiff. The defendant denied that the plaintiff was terminated because of discrimination and maintained that the plaintiff was fired for violating the company’s Anti Fraternization policy.The jury found that the plaintiff was discharged from his employment, but that the discharge was not based on race.

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