Plaintiff v. Bellsouth Tel. - Handicap Discrimination (FCHR

Plaintiff v. Bellsouth Telecommunications - Handicap Discrimination, Equal Employment Opportunity Commission (EEOC), Unlawful Employment, Florida Commission on Human Relations (FCHR), Florida Civil Rights Act.

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA


STEPHEN R. THELIN,

Plaintiff,

vs. CASE NO.

BELLSOUTH TELECOMMUNICATIONS, INC.,

Defendant.
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COMPLAINT AND DEMAND FOR JURY TRIAL


Plaintiff, STEPHEN R. THELIN, by and through his undersigned attorney, sues Defendant, BELLSOUTH TELECOMMUNICATIONS, INC., and alleges the following:
1. This action is brought to obtain relief for discrimination committed by Defendant against Plaintiff on the basis of Plaintiff’s handicap, or in the alternative, because Defendant perceived Plaintiff as an individual with a handicap.
2. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs and attorney fees.
3. The unlawful practices alleged below were committed within Brevard County, Florida.
4. Plaintiff resided in Brevard County, Florida, at all times material hereto.
5. Defendant, BELLSOUTH TELECOMMUNICATIONS, INC., is a Georgia corporation, doing business in the State of Florida, which at the time of the acts complained of herein employed 15 or more persons and was engaged in an industry affecting commerce.
6. Plaintiff was employed by Defendant, BELLSOUTH TELECOMMUNICATIONS, INC., on or about May 22, 2000 and was discharged by Defendant on or about August 1, 2003 because of his handicap, or in the alternative, because Defendant perceived Plaintiff as a handicapped person.
7. Plaintiff injured his back on or about September 9, 2002 while climbing a pole to maintain proficiency in pole climbing. He was released by his doctor after reaching maximum medical improvement, with the only restriction that he could not climb poles when he felt pain, which only occurred when Plaintiff used "gaffs" to climb poles.
8. Plaintiff’s job duties with Defendant were as a Facility Technician, (cable splicer), which in the normal course of performing his duties did not require Plaintiff to climb poles but he could perform his work using a ladder or a bucket truck.
9. In discharging Plaintiff, Defendant failed to reasonably accommodate Plaintiff, a person with a handicap, as the law requires.
10. At all times, Plaintiff performed all duties assigned to him in a professionally competent manner, faithfully followed all reasonable instructions given to him by his supervisors, and abided by all the rules and regulations of Defendant.
11. Plaintiff has suffered and continues to suffer grave and severe damage to his financial welfare, and his employment prospects, by reason of Defendant’s discriminatory actions against Plaintiff.
12. Plaintiff has suffered severe mental anguish and emotional distress as a result of Defendant’s actions.
13. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
14. Plaintiff has exhausted his administrative remedies prior to bringing this action.
15. Plaintiff has complied with all conditions precedent prior to bringing this action.
COUNT I
16. Plaintiff realleges and incorporates Paragraphs 1 through 15 of this Complaint as if set forth in full herein.
17. Plaintiff filed a Charge of Discrimination on May 24, 2004 with the Florida Commission on Human Relations. More than one hundred eighty days (180 ) days have expired since the filing of said complaint and the Florida Commission on Human Relations has not entered a determination on Plaintiff’s charge. A copy is attached as Exhibit "A" and incorporated herein.
18. The conduct of Defendant, BELLSOUTH TELECOMMUNICATIONS, INC., complained of herein was willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff.
19. This action is brought to secure to Plaintiff the benefits of the Florida Civil Rights Act, Chapter 760, Florida Statutes, which makes it unlawful to discriminate against any individual with respect to their compensation terms, conditions or privileges of employment because of such individual’s handicap.
WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
A. Judgment for his back pay, including all sums of money Plaintiff would have earned, together with such other increases to which he would be entitled, had he not been discriminatorily discharged;
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. Front pay.
D. Reinstatement
E. Punitive Damages.
F. An award of reasonable attorneys fees and all costs incurred herein;
G. Such other damages and relief as may be just and proper.

COUNT II
VIOLATION OF SECTION 440.205, FLORIDA STATUTES
20. Plaintiff realleges and incorporates Paragraphs 2 through 5, 7,8 and 10 through 15, of this Complaint as if set forth in full herein.
21. Plaintiff was employed by Defendant, BELLSOUTH TELECOMMUNICATIONS, INC., on or about May 22, 2000.
22. Plaintiff filed a workers’ compensation claim and received benefits provided under Defendant’s workers’ compensation coverage pursuant to Chapter 440, Florida Statutes, as a result of his on the job injury.
23. Defendant, its agents and/or employees, did wrongfully discharge, Plaintiff on or about August 1, 2003 in violation of Section 440.205, Florida Statutes because Plaintiff filed for workers’ compensation benefits.
24. Defendant did wrongfully intimidate and coerce Plaintiff by failing and refusing to allow Plaintiff to return to work because Plaintiff filed for workers’ compensation benefits
25. As a direct and proximate result of said acts, Plaintiff suffered loss of employment, loss of income and loss of employment benefits, emotional distress and humiliation.
26. The conduct of Defendant, BELLSOUTH TELECOMMUNICATIONS, INC., complained of herein was willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff.
WHEREFORE, Plaintiff prays for judgment against Defendant, BELLSOUTH TELECOMMUNICATIONS, INC., as follows:
A. Judgment for his back pay, including all sums of money Plaintiff would have earned, together with such other increases to which he would be entitled, had he not been discriminatorily discharged.
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. Such other damages as may be just and proper.

DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.

Dated this ____ day of December, 2004.

ALLEN & TRENT, P.A.

______________________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
Daniel A. Perez, Esquire
Florida Bar No. 426903
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681

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.