Earlier today I appeared before the Honorable Judge Levenson in the matter of Mark Fetzer vs. Broward County School Board. The case involved a pattern of discrimination predicated on the plaintiff’s sex and sexual orientation which he experienced while serving as a teacher at Boyd Anderson High School. The case has been in litigation for over four years. Several months ago, the Broward County School Board filed a Motion for Summary Judgment wherein they effectively alleged that the Florida Civil Rights Act (FCRA) did not apply to LGBT persons. “Under the current state of Florida law, there is simply no claim that can be made under the FCRA based on the facts as alleged by Mr. Fetzer, and summary judgment is appropriate in the School Board's favor since the complaint fails to state any claim upon which relief could be granted”, said Eugene K. Pettis, Esq. Regretfully, the motion for summary judgment was granted, effectively ending the case with no argument as to the merits. Contrary to the arguments made by the School Board, there are in fact no Florida Supreme Court cases which deal with FCRA’s applicability to LGBT discrimination. The United States Court of Appeals, 11th Circuit has ruled that Title VII of the Federal Civil Rights Act does not provide protection to LGBT persons, however, LGBT employment discrimination under the FCRA has not been substantively litigated at the appellate level in State Court. While the FCRA does mirror Title VII of the Federal Civil Rights Act, the State Court today was not bound by precedent or procedure to deny the LGBT individuals the protections of the FCRA. This is especially true on a motion for summary judgment wherein all benefit of the doubt is cast toward the non-moving party. Mr. Fetzer is currently evaluating his options and may seek rehearing or alternatively may directly seek to appeal the issue to the State of Florida, 4th District Court of Appeals.
Sadly, nearly the entire School Board had been made aware of the case. Further the Superintendent was also aware of the matter and elected to take no action. This is tragic as the School Board maintains an inclusive antidiscrimination policy which specifically forbids discrimination on the basis of sexual orientation. In the instant case, the School Board ignored their own policy against LGBT discrimination and worse advanced a very detrimental argument that the FCRA does not support a cause of action for LGBT persons.
In light of the Federal Courts (11th Circuit) recent refusal to extend protections to LGBT persons and the outcome of todays State Court ruling, there are limited opportunities for LGBT persons to redress discrimination in the workplace. Some might argue that there are county level protections which take form in Broward County Ordinance 16 ½ . I have carefully reviewed Broward County Ordinance 16 ½ and while it prohibits discrimination, it lacks to the teeth necessary to punish those who violate it. Moreover, the ordinance lacks a true judicial remedy. As such, as we sit here today, it is lawful to discriminate against and LGBT person in the workplace without substantive consequence. The statistics establish a clear need to address this important issue. According to the Williams Institute of the UCLA School of Law, Florida’s legal landscape places the state’s 663,000 LGBT adults and 100,000 youth at risk of discrimination and harassment. The social, economic and health effects of stigma and discrimination against LGBT people cost hundreds of millions of dollars each year. While the present political environment appears to be highly unfavorable to LGBT rights, it is even more incumbent upon us to aggressively champion and advocate these issues. Over the past ten years, the Law Offices of George Castrataro, PA alone represented over 150 LGBT persons who have been the victim of LGBT discrimination and provided consultation to over 600. Discrimination against LGBT workers in the U.S., as well as in Florida, has been widely documented. In 2013 the Pew Research Center found that 21% of LGBT respondents reported having been treated unfairly by an employer in hiring, pay, or promotions. The 2015 U.S. Transgender Survey report, based on the largest survey of transgender and gender non-conforming people in the U.S. to date, found that 27% of respondents reported being fired, denied a promotion, or not being hired for a job they applied for in the year prior to the survey because of their gender identity, and 15% reported being verbally, physically, or sexually harassed at work in the year prior to the survey because of their gender identity. It is noteworthy that Broward County Public Schools (BCPS) is the sixth-largest school district in the nation and the second -largest in the state of Florida. The School District is the largest employer in the county with over 39,000 full and part time employees.
I write to you to ask for your support. On Thursday, October 25, 2018, I will be convening a press conference regarding the Fetzer case and brief community forum at the Pride Center (located at 2040 N Dixie Hwy, Wilton Manors, FL 33305). The purpose of the press conference and forum will include an overview of the Fetzer case and a brief discussion of immediate and long term solutions to the address the issue of LGBT Discrimination in the workplace, as well as a status on LGBT rights in the workplace. If you are receiving this email, it is because of your influence in our community and/or expertise in the subject area. Please help us by making a commitment to attend. The event should last no longer than one hour and a strong showing of support will send a message the press, the School Board, and our community that you care about this important issue. Please also remember that the School Board election is Nov 6. Currently Districts 1, 4, 6, 7 are all on the ballot. Make sure you know your candidates position on this important issue and vote accordingly. At the conclusion of the conference and forum, elected officials and candidates for office will be afforded 1 minute per person to briefly address their position in this important issue.
If you have any questions, comments or concerns, please do not hesitate to call me.
THE LAW OFFICES OF GEORGE CASTRATARO, PA
Arthur B. Smith, PA, of Counsel
707 NE 3rd Avenue; Suite 300
Fort Lauderdale, FL 33304
Phone: 954-573-1444; Fax: 954-573-6451
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