UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE No.: 20-cv-21975

FRANK MARRERO, JR.,

Plaintiffs,

v.

UNITED STATES POSTAL 

SERVICE, MEGAN J. BRENNAN,

POSTMASTER GENERAL, and 

LOUIS DEJOY, as successor,

POSTMASTER GENERAL, and

DOES 1-10,

Defendants.

______________________________/

COMPLAINT

Plaintiff, FRANK MARRERO, JR., hereby sues Defendant, UNITED STATES 

POSTAL SERVICE, MEGAN J. BRENNAN, POSTMASTER GENERAL, and LOUIS 

DEJOY, as successor, POSTMASTER GENERAL, and DOES 1-10, and alleges as follows:

INTRODUCTION

1. This is an action for money damages to redress Defendants’ unlawful 

employment practices against Plaintiff, including Defendants’ unlawful termination of Plaintiff 

because of his disabilities and age, and failure to provide reasonable accommodation based on 

his disabilities, in violation of The Rehabilitation Act, As Amended 29 U.S.C. §701 et seq.; Age 

Discrimination In Employment Act of 1967, 29 U.S.C. §621 et seq.; and Americans with 

Disabilities Act, 42 U.S.C. § 12101 et seq.

2. On November 23, 2015, Mr. Marrero, a disabled veteran, employed by the 

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United States Postal Service (USPS) as a City Carrier Assistant (CCA), was wrongfully 

terminated on the basis of discrimination for his disability and age following his written 

submission for reasonable accommodations. Brian Goldstein, Mr. Marrero’s supervisor, admits 

to receiving the request on or around November 20, 2015. Mr. Goldstein and Mr. Juan Albo, 

Mr. Goldstein’s supervisor, proceeded to wrongfully terminate Mr. Marrero on the unlawful 

basis of disability and age discrimination.

3. Defendant’s conduct was knowing, malicious, willful and wanton and/or showed 

a reckless disregard for Plaintiff, which has caused and continues to cause Plaintiff to suffer 

substantial economic and non-economic damages, including aggravation of prior-existing 

injuries, permanent harm to his professions and personal reputation, severe mental anguish and 

emotional distress.

JURISDICTION AND VENUE

4. This Court has original jurisdiction pursuant to 28 U.S.C. § 1331and 1343 over 

Plaintiff’s cause of action as this action involves federal questions regarding the deprivation of 

Plaintiff’s civil rights under the Rehabilitation Act, the Age Discrimination In Employment Act 

of 1967, and the Americans with Disabilities Act. This Court has supplemental jurisdiction over 

Plaintiff’s causes of action arising under Florida state law pursuant to 28 U.S.C. § 1367.

5. Venue lies in the United States District Court for the Southern District of Florida 

pursuant to 28 U.S.C. § 1391(b)(2) because the events or omissions giving rise to Plaintiff’s 

claims occurred in Miami-Dade County.

6. Defendant United States Postal Service (USPS) was, at all times mentioned in 

this Complaint, acting under color of federal law.

7. Plaintiff has complied with all statutory prerequisites to filing this action. 

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8. This action was filed within 90 days of receipt of U.S. Equal Employment 

Opportunity Commission’s dismissal of Mr. Marrero’s Formal EEOC complaint.

PARTIES

9. Plaintiff was employed by the USPS at the Northland Station in Miami, Florida

in a letter carrier position. At all relevant times, Plaintiff met the definition of an “employee” 

under all applicable Statutes. Plaintiff was discharged due to his age and disability.

10. Defendant USPS is, and at all times mentioned in this Complaint was, an 

independent agency, or instrumentality of the federal government, organized and existing under 

the laws of the United States of America, Federal Government and subject to those laws 

including Section 501 of the Rehabilitation Act of 1973.

11. Defendant Megan J. Brennan is on the staff of the USPS, in the position of 

Postmaster General of the United States.

12. Defendant Louis DeJoy is the successor of the position Postmaster General of the 

United States held by Megan J. Brennan.

13. The cause of action herein described accrued in Miami-Dade County.

BACKGROUND

14. Mr. Marrero’s employment with USPS began on August 31, 2015, as a City 

Carrier Assistant (CCA), and was designated to the Gratigny Branch, in Miami, Florida, which 

oversaw nine (9) other stations. During his employment, Mr. Marrero was provided assignments 

at the other 9 nine stations, including the Norland Station. 

15. On November 17, 2015, Mr. Marrero presented his formal request for reasonable 

accommodations pursuant to Americans with Disabilities Act (ADA) and the Rehabilitation Act 

of 1973 (Request) to Ray Borger (the station manager of the Norland Station). 

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16. After having reviewed the Request, Borger refused to accept it and instructed Mr. 

Marrero to provide it to his supervisor Brian Goldstein at the Norland Station. 

17. On November 18, 2015, Mr. Marrero spoke with Jesse Rosaham, assistant to Mr. 

Goldstein, and she also refused to accept the Request. She instead provided Mr. Marrero with 

the email address of Mr. Goldstein. Mr. Marrero sent Mr. Goldstein an email attaching the 

Request titled “disability” on November 19, 2015. Mr. Goldstein admits receiving the Request 

on November 20, 2015.

18. On November 19, 2015, Mr. Marrero injured himself while on the job. Mr. 

Marrero advised his supervisor Lori Moore that same day advising her that he injured himself 

and needed relief. She refused, and Mr. Marrero completed his shift. 

19. On November 20, 2015, Mr. Marrero went to see his doctor and receive treatment 

for his injury. Mr. Marrero’s doctor gave him a note finding him medically unable to work from 

Nov. 20 through Nov. 21. 

20. On November 22, 2015, Mr. Marrero reported to duty as ordered by his 

supervisor at the North Dade station and attempted to provide his Worker’s Compensation 

paperwork enclosing documentation from his doctor. However, it was refused. 

21. November 23, 2015, Mr. Marrero reported to the Norland station as instructed 

where Mr. Albo accused him of falsifying his application and questioned him about his 

performance. He advised Mr. Marrero that “I could do whatever I want” in response to Mr. 

Marrero’s request for reasonable accommodations. Mr. Albo advised Mr. Marrero he was fired 

and instructed him to report to Mr. Goldstein to process his termination. 

22. Mr. Marrero reported to Mr. Goldstein’s office where Mr. Goldstein completed

Mr. Marrero’s “60-day” and “90-day” evaluations, reporting Mr. Marrero work performance as 

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unsatisfactory. In Mr. Marrero’s presence, Mr. Goldstein backdated the evaluations to 

November 21, 2015 and signed. He then asked Mr. Marrero to sign the document, which he 

refused. 

23. Mr. Goldstein also proceeded to complete Absence Without Leave Form for Mr. 

Marrero’s alleged absence on November 21. Mr. Marrero, however, had not been told to report 

on November 20 and 21.

24. Mr. Goldstein and Mr. Juan Albo terminated Mr. Marrero prior to the end of 

probationary period which was set to end on November 31, 2015.

25. As a direct and proximate result of the acts of Defendants, Mr. Marrero suffered 

the following injuries and damages:

a. Personal injury;

b. Disability;

c. Aggravation of pre-existing condition;

d. Medical Expenses;

e. Emotional distress;

f. Pain and suffering;

g. Loss of capacity to enjoy life;

h. Public humiliation and embarrassment;

i. Permanent harm to his professions and personal reputation; and

j. Severe mental anguish.

COUNT I

Section 501 of the Rehabilitation Act of 1973

29 U.S.C. §701 et seq, As Amended

(Rehabilitation Act)

26. Plaintiff realleges and incorporates by reference ¶¶ 1-25.

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27. Defendants’ conduct as alleged above constitutes discrimination based on Mr. 

Marrero’s disability in violation of his civil rights under the Rehabilitation Act. Defendants’ 

stated reasons for Mr. Marrero’s termination were not true and instead were pretext to hide the 

Defendants’ discriminatory animus. Plaintiff claims noneconomic and economic damages under 

this statute for the injuries set forth above against Defendants. 

COUNT II

Age Discrimination in Employment Act of 1967 

29 U.S.C. § 621 et seq.

(ADEA)

28. Plaintiff realleges and incorporates by reference ¶¶ 1-25.

29. Defendants’ conduct as alleged above constitutes discrimination based on Mr. 

Marrero’s age in violation of the Age Discrimination in Employment Act of 1967. Defendants’ 

stated reasons for Mr. Marrero’s termination were not true and instead were pretext to hide the 

Defendants’ discriminatory animus. Plaintiff claims noneconomic and economic damages under 

this statute for the injuries set forth above against Defendants. 

COUNT III

Americans with Disabilities Act

42 U.S.C. § 12101 et seq.

(ADA)

30. Plaintiff realleges and incorporates by reference ¶¶ 1-25.

31. Defendant’s conduct as alleged above constitutes discrimination based on Mr. 

Marrero’s disability in violation of the Americans with Disabilities Act. Defendants’ stated 

reasons for Mr. Marrero’s termination were not true and instead were pretext to hide the 

Defendants’ discriminatory animus. Plaintiff claims noneconomic and economic damages under 

this statute for the injuries set forth above against Defendants. 

PRAYER OF RELIEF

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WHEREFORE, Plaintiff seeks judgment and prays for relief against Defendant, as 

follows: 

A. Enter judgement in favor of Plaintiff and against Defendants;

B. Special damages according to proof;

C. General damages for aggravation of pre-existing condition, permanent 

injury, pain, suffering, emotional distress, anguish and humiliation according to proof;

D. Punitive damages;

E. Attorneys’ fees, costs and expert witness fees pursuant to statute; and

F. Any other relief that this Court may deem just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury of all issues triable as a matter of right by a jury

as to all claims. 

Dated: May 11, 2020

Respectfully submitted,

Franchesca Marrero-Rodriguez P.A. 

Attorney at Law

13550 N Kendall Dr.

Miami, FL 33186

Phone: (305) 461-1095

Email: fmrlawpa@gmail.com

/s/ Franchesca Marrero-Rodriguez, Esq.

F.B.N. 114106

Attorney for Plaintiff

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