Filing # 193650950 E-Filed 03/08/2024 04:00:32 PM

IN THE CIRCUIT COURT OF THE

SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA

CASE NO: ________________

MELISSA ANDERSON,

Plaintiff,

v.

TOWN OF PEMBROKE PARK,

Defendant.
___________________________________________/

COMPLAINT

Plaintiff, MELISSA ANDERSON (“Plaintiff”), sues Defendant, TOWN OF

PEMBROKE PARK (“Defendant” or “Town”), for gender discrimination, hostile

work environment, and retaliation in violation of the Florida Civil Rights Act, Fla.

Stat. § 760.01, et seq. (the “FCRA”), and states as follows:

JURISDICTION AND PARTIES

1. This is an action for damages in excess of $50,000.00, exclusive of

interest, costs, and attorney’s fees. Subject matter jurisdiction is proper in this Court,

pursuant to Fla. Stat. § 26.012(2).

2. Plaintiff is an individual and citizen of Florida, who at all material times

hereto has resided in Palm Beach County, Florida.

3. Defendant is a local governmental entity organized under the laws of

the state of Florida with its principal place of business in Broward County, Florida.

Personal jurisdiction is proper in this Court, pursuant to Fla. Stat. § 48.193.

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4. Venue is proper in Broward County, Florida because the causes of

action alleged in this Complaint accrued in Broward County, Florida. Venue is proper

in this Court, pursuant to Fla. Stat. § 47.011.

5. All conditions precedent to the bringing of this action have been satisfied

and/or waived. The Plaintiff timely dual filed his Charge of Discrimination (the

“Charge”) alleging gender, including gender stereotyping and sexual orientation,

discrimination, hostile work environment, and retaliation with the U.S. Equal

Employment Opportunity Commission and the Florida Commission on Human

Relations (“FCHR”) on or about August 17, 2024. One hundred and eighty (180) days

have passed since the Plaintiff dual-filed her Charge. To date, the FCHR has not issued

a determination.

General Allegations

6. Plaintiff re-alleges, as if fully set forth herein, the allegations of

paragraphs 1 through 5 above.

7. Plaintiff is an openly homosexual female. She began working for

Defendant in or about September 2020, as Defendant’s Town Attorney.

8. Plaintiff is a Florida Bar Board Certified City, County, and Local

Government Law attorney. She has been a member in good standing of the Florida

Bar since 1990. Throughout her employment with Defendant, Plaintiff performed her

job duties and responsibilities as the Town Attorney in an exemplary manner.

9. However, during her employment, Plaintiff was subjected to

discriminatory treatment and to a hostile work environment based on her gender,

gender stereotypes (i.e., a belief Plaintiff is masculine), and sexual orientation.

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Specifically, Town Commissioner Geoffrey Jacobs (“Jacobs”) engaged in a campaign

of discrimination and harassment against Plaintiff, and Defendant failed to take

prompt remedial action.

10. For instance, Jacobs would refer to Plaintiff as a “fucking cunt,” “the

cunt,” “the Pitbull,” and “nasty.” Jacobs would direct the Plaintiff to “shut up,” to

“stay the fuck away from [him],” and to “fuck off.”

11. To harass her, Jacobs would ask his friends employed by Defendant to

file false and unsubstantiated complaints of alleged harassment against Plaintiff.

Defendant investigated those baseless and harassing complaints despite having failed

to investigate Plaintiff’s legitimate complaints against Jacobs of discrimination and

harassment.

12. On one occasion, Jacobs sent Plaintiff a TikTok video, which was

misogynistic, homophobic, and threatening to Plaintiff. The video featured a

“masculine” lesbian asking a night club owner what angers him about masculine

women, who in turn responds that masculine women think they are “hot shit” until

they find out that he can “beat the crap out of them.”

13. After Jacobs sent the video to Plaintiff, he forwarded it in e-mail to

Defendant’s Town Manager in which he wrote: “this is your town attorney. She has

seen it.” Despite this e-mail, Jacobs later falsely claimed he had sent the video

“accidentally,” and Defendant did nothing about it.

14. Plaintiff considered the video a threat, and she began fearing for her

safety.

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15. Plaintiff reported the conduct to the Director of Human Resources,

Babette Friedman (“Friedman”), and also contacted the Broward Sheriff’s Office.

16. When Friedman notified Jacobs of the complaints Plaintiff had filed

against him, Jacobs falsely alleged Plaintiff had been harassing him and other men in

the Town. Jacobs also claimed he was not homophobic because he worked with “a

great deal of gay flight attendants.” On another occasion, he claimed Plaintiff was

“weaponizing” her gender.

17. Because of her gender, gender stereotypes, and her sexual orientation,

along with in retaliation for the protected activity in which Plaintiff engaged, Jacobs

attempted to persuade Defendant’s Town Commission to fire Plaintiff on a number of

occasions.

18. Jacobs’ conduct was severe and/or pervasive. Rather than investigate

Plaintiff’s claims and take prompt, remedial action, Defendant’s Town Commission

voted instead to transition Plaintiff out of her role as the Town Attorney and

terminated her employment on December 14, 2022.

19. Defendant’s conduct resulted in the termination of Plaintiff’s

employment with Defendant. Plaintiff suffered these adverse employment actions

because of her gender, gender stereotypes, and her sexual orientation and in retaliation

for engaging in protected activity.

20. It was only after her termination that Defendant finally hired an outside

investigator to investigate the claims Plaintiff and others had made against Jacobs,

who ultimately found that Jacobs’s behavior was likely harassing and created a hostile

work environment.

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COUNT I – GENDER, INCLUDING GENDER STEREOTYPES AND

SEXUAL ORIENTATION, DISCRIMINATION IN VIOLATION OF THE
FLORIDA CIVIL RIGHTS ACT, FLA. STAT. §760.01, et seq.

21. Plaintiff adopts and re-alleges paragraphs 1 through 20 above as if set

forth fully herein.

22. At all material times, Defendant was an “employer” subject to the

provisions of the FCRA.

23. At all material times, Plaintiff was an “employee” entitled to the

protections of the FCRA.

24. The FCRA prohibits discrimination against an employee based on

gender, including gender stereotypes and sexual orientation.

25. By the conduct described above, Defendant and/or its agents or

employees acting on its behalf engaged in unlawful gender discrimination.

26. Such discrimination was based on Plaintiff’s gender (female), sexual

stereotypes, and her sexual orientation. Other similarly situated employees outside of

Plaintiff’s protected classes were not subject to such discrimination.

27. Defendant’s discriminatory conduct was willful and in disregard of

Plaintiff’s protected rights.

28. At all material times, Defendant’s supervisory personnel exhibiting

discriminatory conduct toward Plaintiff possessed the authority to affect the terms,

conditions, promotions, and privileges of Plaintiff’s employment with Defendant.

29. Plaintiff suffered an adverse employment action.

30. Defendant violated the FCRA.

31. As a result of the discrimination described above, Plaintiff experienced

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and will continue to experience significant financial and economic losses in the form

of lost wages and lost benefits. Plaintiff has also experienced and will continue to

experience emotional anguish, pain and suffering and loss of dignity.

32. By reason of Defendant’s discrimination, Plaintiff is entitled to all legal and

equitable remedies available under the FCRA, Fla. Stat. § 760.11.

WHEREFORE, Plaintiff respectfully prays for the following relief against

Defendant:

a. Adjudge and decree that Defendant violated the FCRA;

b. Enter a judgement requiring that Defendant pay Plaintiff appropriate back

pay, benefit’s adjustment, and prejudgment interest at amounts to be proved

at trial for the unlawful employment practices described herein;

c. Enter an award against Defendant and award Plaintiff compensatory

damages for mental anguish, personal suffering, and loss of enjoyment of

life;

d. Award Plaintiff the costs of this action, together with reasonable attorney’s

fees;

e. Grant Plaintiff such additional relief as the Court deems just and proper

under the circumstances; and

f. Grant Plaintiff a Trial by Jury.

COUNT II - HARASSMENT BASED ON GENDER, INCLUDING GENDER

STEREOTYPES AND SEXUAL ORIENTATION, IN VIOLATION OF THE
FLORIDA CIVIL RIGHTS ACT, FLA. STAT. §760.01, et seq.

33. Plaintiff adopts and re-alleges paragraphs 1 through 20 above as if set forth

fully herein.

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34. At all material times, Defendant was an “employer” subject to the provisions

of the FCRA.

35. At all material times, Plaintiff was an “employee” entitled to the protections

of the FCRA.

36. Plaintiff is a member of a protected class under the FCRA.

37. The FCRA prohibits harassment against an employee based on gender,

including gender stereotypes and sexual orientation.

38. While Plaintiff was employed by Defendant, Plaintiff was subjected to

harassing behavior based on gender, including gender stereotypes and sexual

orientation.

39. Such conduct was so severe and pervasive that it altered the terms and

conditions of Plaintiff’s employment with Defendant and created an abusive and

hostile work environment. Such conduct impaired Plaintiff’s ability to perform her

job as Town Attorney.

40. Such conduct was unwelcome by Plaintiff.

41. Such conduct was offensive to Plaintiff and would be offensive to reasonable

persons.

42. Such conduct was committed by Jacobs or at the direction or consent of

Jacobs. As Commissioner, Jacobs had supervisory control over Plaintiff.

43. Plaintiff reported the conduct to Defendant, but Defendant failed to

investigate and take prompt remedial action.

44. Defendant is directly liable for the harassment by Jacobs due to his

supervisory status as a Town Commissioner. In the alternative, Defendant knew of

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Jacob’s inappropriate and unlawful conduct and failed to take prompt remedial action

to end it.

45. Defendant violated the FCRA.

46. As a result of the harassment described above, Plaintiff experienced and will

continue to experience significant financial and economic losses in the form of lost

wages and lost benefits. Plaintiff has also experienced and will continue to experience

emotional anguish, pain and suffering and loss of dignity.

47. By reason of Defendant’s harassment, Plaintiff is entitled to all legal and

equitable remedies available under the FCRA, Fla. Stat. § 760.11.

WHEREFORE, Plaintiff respectfully prays for the following relief against

Defendant:

a. Adjudge and decree that Defendant violated the FCRA;

b. Enter a judgement requiring that Defendant pay Plaintiff appropriate back

pay, benefit’s adjustment, and prejudgment interest at amounts to be proved

at trial for the unlawful employment practices described herein;

c. Enter an award against Defendant and award Plaintiff compensatory

damages for mental anguish, personal suffering, and loss of enjoyment of

life;

d. Award Plaintiff the costs of this action, together with reasonable attorney’s

fees;

e. Grant Plaintiff such additional relief as the Court deems just and proper

under the circumstances; and

f. Grant Plaintiff a Trial by Jury.

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COUNT III – RETALIATION IN VIOLATION OF THE FLORIDA CIVIL

RIGHTS ACT, FLA. STAT. §760.01, et seq.

48. Plaintiff adopts and re-alleges paragraphs 1 through 20 above as if set forth

fully herein.

49. At all material times, Defendant was an “employer” subject to the provisions

of the FCRA.

50. At all material times, Plaintiff was an “employee” entitled to the protections

of the FCRA.

51. Plaintiff engaged in statutorily protected when, in good faith, she

complained to Defendant’s Director of Human Resources, City Manager and other

supervisory level individuals about unlawful discrimination and harassment by Jacobs.

52. Defendant retaliated against Plaintiff for exercising rights protected under

the FCRA by terminating her employment as Town Attorney.

53. As a result of the retaliation described above, Plaintiff experienced and will

continue to experience significant financial and economic losses in the form of lost

wages and lost benefits. Plaintiff has also experienced and will continue to experience

emotional anguish, pain and suffering and loss of dignity.

WHEREFORE, Plaintiff respectfully prays for the following relief against

Defendant:

a. Adjudge and decree that Defendant violated the FCRA;

b. Enter a judgement requiring that Defendant pay Plaintiff appropriate

back pay, benefit’s adjustment, and prejudgment interest at amounts to

be proved at trial for the unlawful employment practices described

herein;

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c. Enter an award against Defendant and award Plaintiff compensatory

damages for mental anguish, personal suffering, and loss of enjoyment

of life;

d. Award Plaintiff the costs of this action, together with reasonable

attorney’s fees;

e. Grant Plaintiff such additional relief as the Court deems just and proper

under the circumstances; and

f. Grant Plaintiff a Trial by Jury.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury of all issues so triable as a right by a jury.

Respectfully submitted this 8th day of March 2024.

By: /s/ Diane P. Perez

Diane P. Perez, B.C.S. (41869)
DIANE PEREZ, P.A.
1108 Ponce de Leon Blvd,
Coral Gables, Florida 33134
Telephone: (305) 985-5676
E-mail: [email protected]
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing

document was provided electronically to the Plaintiff’s attorneys, identified in the

Service List below, on this 8th day of March 2024.

By: /s/ Diane P. Perez____________

Diane P. Perez, B.C.S. (41869)

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