Mosely V. Miami-Dade County

Case Background

On November 30, 2022, Ryan Mosely filed an employment discrimination lawsuit against Miami-Dade County alleging violations of civil rights and the Florida Civil Rights Act (FCRA). The case was filed in the United States District Court, Florida Southern (Miami). The case was assigned to Judge Kathleen M. Williams and referred to Magistrate Judge Lisette M. Reid. [Case number: 1:22cv23907]

Cause

Plaintiff Ryan Mosely, an African-American male, worked for Defendant Miami-Dade County starting in December 2012. During his employment, he faced ongoing discrimination and harassment related to his race. In March 2018, Assistant Director Miguel Garcia frequently made derogatory comments, including racial slurs.

On March 22, 2018, Plaintiff reported these remarks to his Director, Cindy Jones, and Human Resources representative Bobby Felvaris. Although Jones promised to address Garcia’s behavior, she cautioned the Plaintiff that Garcia was still on probation. Despite this, Garcia’s inappropriate comments persisted.

In response, the Plaintiff filed a Charge of Discrimination with Miami-Dade County. Following this complaint, he experienced adverse employment actions. In May 2018, Defendant changed his work hours unexpectedly, violating his Collective Bargaining Agreement, and suspended his overtime hours.

Starting in June 2018, Plaintiff received unjust disciplinary actions, including false accusations of working another job and submitting inaccurate time records. Despite providing proof that he did not work a second job, Jones refused to remove the write-up. Discrepancies in his time sheets were explained, but similar offenses by non-African-American employees went unpunished.

On August 22, 2018, Defendant demoted him from Personal Property Evaluator 1 to Clerk 1, despite positive reviews. He faced increased scrutiny, including daily check-ins with specific personnel, which other employees did not endure. Jones instructed his supervisor to deny his requests without permission.

The Plaintiff was also barred from interviewing for qualified positions and had his annual review delayed. In 2019, Jones suspended him from a volunteer program that could have led to an Executive Management position. Garcia continued his harassment, making inappropriate gestures. The Plaintiff believed his race was a significant factor in the unfair treatment he faced.

Damages

The Plaintiff experienced disparate treatment based on his race, which led to his demotion. He was also denied promotion opportunities, suspended from the Goodwill Ambassador Service program, and forced to transfer divisions. As a result, the Plaintiff requested that the Court require the Defendant to reinstate him to his previous position. He sought reinstatement at the same pay rate and full benefits he would have received if not for the discrimination.

Alternatively, if reinstatement was not possible, the Plaintiff requested front pay to compensate for his losses. Additionally, he asked the Court to award him the costs of this action, including reasonable attorneys’ fees incurred during the process, as allowed by contract or statute. Finally, the Plaintiff requested any other relief that the Court deemed appropriate for his situation.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Ryan Mosely
    • Counsel for Plaintiff(s): Jorge Manuel Gonzalez | Reid Elliot Levin | Shanna Marie Wall
  • Defendant(s): Miami-Dade County
    • Counsel for Defendant(s): Leona Nicole McFarlane | William X. Candela

Claims

Count I: Violation of the Civil Rights Act of 1964 (Discrimination Based on Race) – The Plaintiff initiated this action under Title VII due to the Defendant’s discriminatory treatment based on race. As an African-American, the Plaintiff belonged to a protected class and faced unfavorable treatment compared to non-African-American colleagues. This included derogatory comments, meritless write-ups, altered hours, suspended overtime, a delayed annual review, and being suspended from the Goodwill Ambassador Service program. The Plaintiff also experienced demotion and was denied promotional opportunities, facing disrespectful and hostile treatment.

Count II: Violation of the Civil Rights Act of 1964 (Retaliation) – After complaining about the racial discrimination, the Plaintiff endured further adverse actions. These included meritless write-ups, altered working hours, demotion, denial of promotions, suspension from the Goodwill Ambassador Service program, and forced transfer to another division.

Count III: Violation of FCRA (Discrimination Based on Race) – The Defendant showed intentional disregard for the Plaintiff’s rights as an African-American under the FCRA. Its officers and supervisors authorized, condoned, or ratified the unlawful actions of the owner and other employees.

Count IV: Violation of FCRA (Retaliation) – The Defendant’s retaliatory actions displayed malice and a blatant disregard for the Plaintiff’s rights under the FCRA, with similar authorization and condonation from its officers and supervisors.

Defense

In response, Defendant claimed that they did not favor similarly situated employees outside of Plaintiff’s protected category. The Defendant would have made the same decisions about the Plaintiff’s employment regardless of any consideration of race.

Jury Verdict

On September 13, 2024, the Miami jury found that Plaintiff Mosely had suffered damages because of Defendant’s adverse employment
action. The jury decided to award the following damages to Plaintiff Mosely:

  • Net loss of wages and benefits: $48,000
  • Emotional pain and mental anguish: $170,000

The total damages awarded came up to $218,000.

Court Documents:

Available upon request