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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

OLIVIA SMITH,

Plaintiff,

CASE NO.

v.

GADSDEN COUNTY BOARD 

OF COUNTY COMMISSIONERS,

Defendant.

/

COMPLAINT FOR DAMAGES

Plaintiff OLIVIA SMITH, hereby sues Defendant, GADSDEN COUNTY BOARD OF 

COUNTY COMMISSIONERS, (hereinafter “Defendant”) and alleges:

NATURE OF THE ACTION

1. This is an action brought under Family and Medical Leave Act (FMLA) of 1993, 

29 U.S.C. §§2612, 2624.

2. Plaintiff’s claims for relief are also predicated upon the subject matter construed 

pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, as well as Chapter 

760, Florida Statutes, the Florida Civil Rights Act of 1992 (“FCRA”).

3. The Court has concurrent and supplemental jurisdiction pursuant to 28 U.S.C. § 

1367.

PARTIES

4. At all times relevant to this action Plaintiff OLIVIA SMITH (hereinafter 

“Plaintiff”) is, and at all relevant times herein, an adult female, residing in Leon County, Florida

and working in Gadsden County, Florida. 

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5. Defendant GADSDEN COUNTY BOARD OF COUNTY COMMISSIONERS

(hereinafter “Defendant”) is, and at all relevant times mentioned herein, a County governing 

body for municipal services and is authorized to conduct, employer, and manage business within 

Gadsden County, Florida. Defendant has a mailing address which is located in the City of 

Quincy, in the County of Gadsden in the state of Florida. 

6. This Court is the proper venue for this action because Defendant is a resident of 

Gadsden County, Florida, and/or conducting business in said County and State so jurisdiction 

and venue are appropriate.

TITLE VII / ADA/ FCRA STATUTORY PREREQUISITES

7. Plaintiff is a female “person” who suffered discrimination based on her

medical/mental health disability. As such she is a member of a class of individuals protected by 

Title VII, the ADA and the FCRA.

8. Plaintiff was qualified for her position of employment.

9. Plaintiff suffered an adverse effect upon her employment by having her

reasonable accommodation requests denied and ultimately being terminated by Defendant with 

the motivating or determinative factor used by Defendant in the decision making process being 

Plaintiff’s need for accommodation, or related medical condition(s).

10. Plaintiff suffered from differential application of work or disciplinary rules 

because Defendant treated Plaintiff differently on the basis of Plaintiff’s protected class.

11. The Defendant meets the statutory criteria for coverage as an “employer” under 

Title VII, the ADA and the FCRA.

12. Plaintiff meets the statutory criteria for coverage as an “employee” under Title 

VII, the ADA, and the FCRA.

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13. Plaintiff filed her Charge of Discrimination with the Equal Employment 

Opportunity Commission (“EEOC”) on August 13, 2020 which is within 300 days of the last 

date of Defendant’s alleged discriminatory and retaliatory conduct. Plaintiff was issued a rightto-sue letter by the EEOC dated September 18, 2020, which was received by Plaintiff on 

September 28, 2020. Therefore this complaint is being filed within 90 days of receiving her right 

to sue letter.

14. Accordingly Plaintiff has completed all other Title VII, the ADA, and the FCRA

requirements and all other prerequisites prior to bringing this lawsuit.

15. Plaintiff has satisfied all conditions precedent to bringing this action, if any.

STATEMENT OF THE ULTIMATE FACTS

16. Plaintiff worked as a Public Information Officer for Defendant’s from July 31, 

2018 until her unlawful termination on or about January 16, 2020.

17. Plaintiff was the victim of domestic violence in 2019. Plaintiff suffered severe 

emotional distress, trauma, depression and PTSD after those events. 

18. Plaintiff informed the Defendant of her disability and then began to treat through 

the Employee Assistance Program (“EAP”). On or about April 2019, Plaintiff was advised to 

discontinue with EAP because the treatment provided was inadequate. 

19. On or about June 7, 2019, Plaintiff emailed Ms. Lonyell Butler, (“Ms. Butler”)

Human Resources Manager, to request FMLA leave. Ms. Butler denied the request for FMLA. 

20. On or about June 17, 2019, Plaintiff submitted her Certificate of Health Care 

Provider for accommodations to Ms. Butler, again putting Defendant on notice as to Plaintiff’s 

disability and need for reasonable accommodations.

21. The reason for Plaintiff’s accommodation request, in part, was medication related, 

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as her doctor told Defendant. Defendant continually harassed Plaintiff through disciplinary 

actions. Defendant continuously taunted Plaintiff about her accommodations by making 

statements such as ‘just stop partying” and telling Plaintiff to “not stay up late and go to bed 

early.” 

22. In or around November 2019, Plaintiff requested the reasonable accommodation 

of time off to go to urgent care. Immediately following the request, Defendant began to punish 

Plaintiff. Defendant increased Plaintiff’s workload in retaliation for her requesting 

accommodations. Defendant also disciplined Plaintiff for requesting accommodations. 

23. On or about December 11, 2019, Plaintiff again requested FMLA through Ms. 

Butler and requested a meeting to discuss her request for accommodations. Ms. Butler replied 

that she would meet with Plaintiff but refused to set a time for the meeting. 

24. On or about December 17, 2019, Plaintiff against requested a meeting to discuss 

her reasonable request for accommodations. No meeting was set. Plaintiff sent email messages 

again on December 23, 2019 and December 27, 2019 to request FMLA and to request a meeting 

relating to her request for accommodations. Plaintiff’s requests were ignored. 

25. On or about January 15, 2020, Plaintiff experienced a grievous anxiety as a result 

of her documented disability and she requested to work from home. 

26. On or about January 16, 2020, Plaintiff was terminated. 

27. Defendant’s violations of the law cited herein were willful or in reckless disregard 

of the requirements articulated under the law cited herein. 

28. Plaintiff has retained the undersigned to prosecute this action and owes a fee to 

the same. Defendant should be required to pay the attorney’s fees of Plaintiff as well as costs as 

it relates to the violations of law alleged herein. 

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COUNT I

VIOLATION OF THE FAMILY AND MEDICAL LEAVE ACT

29. Paragraphs 1 through 28 are re-alleged and are incorporated herein by reference.

30. This is an action against Defendant for interfering with Plaintiff’s protected leave 

under the FMLA, for harassing Plaintiff due to using FMLA leave time, and for retaliating 

against Plaintiff for requesting and/or taking time off that was authorized by and protected under 

the FMLA. This is an interference and retaliation claim.

31. After Plaintiff requested leave for her medical/mental health condition, 

Defendants harassed Plaintiff and took adverse personnel actions against her for using leave. 

32. Plaintiff was denied rights and benefits conferred by the FMLA and was retaliated 

against after requesting and/or taking protected leave. 

33. Defendant’s violations of the FMLA were willful.

34. As a direct and proximate result of Defendant’s willful, wanton, and malicious 

acts described in part above, Plaintiff has sustained mental, nervous, and emotional injury. 

Plaintiff has incurred additional damages including lost wages, pain and suffering, mental 

anguish, loss of capacity for the enjoyment of life, and other damages attendant with retaliation 

of Defendants. These damages have occurred in the past, are occurring at present and will 

continue in the future. Plaintiff is entitled to liquidated damages and injunctive relief including 

reinstatement to her former position within Defendant with the requisite training.

COUNT II

DISABILITY/PERCEIVED DISABILITY

DISCRIMINATION UNDER THE ADAAA

35. Paragraphs 1 through 28 are re-alleged and are incorporated herein by reference.

36. Plaintiff was a qualified individual with a disability recognized under the ADAAA.

37. Plaintiff was disabled/perceived as disabled by Defendant.

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38. Defendant was Plaintiff’s employer as defined by the ADAAA.

39. Defendant discriminated against Plaintiff because of her actual or perceived 

disability in violation of the ADAAA. 

40. Defendant discriminated against Plaintiff because she exercised her rights under the 

ADAAA by notifying Defendant of her need for a work accommodation related to her disability. 

41. Defendant had actual or constructive knowledge of the discriminatory conduct.

42. Defendant’s acts and omissions negatively affected one or more terms, conditions 

and/or privileges of Plaintiff’s employment.

43. Defendant’s conduct violated Plaintiff’s right to be free from discrimination as 

guaranteed by the ADAAA.

44. Plaintiff has no plain, adequate or complete remedy at law for the actions of 

Defendants, which have caused and continue to cause irreparable harm.

45. Defendant’s violations of the ADAAA were willful or in reckless disregard of the 

tenets of the same. 

COUNT III

DISCRIMINATION—CHAPTER 760, FLORIDA STATUTES

46. Paragraphs 1 through 28 are re-alleged and are incorporated herein by reference.

47. This is an action against Defendant for disability discrimination brought under 

Chapter 760, Florida Statutes, the Florida Civil Rights Act of 1992 (“FCRA”), as it relates to 

Plaintiff’s medical/mental health condition. Plaintiff has been the victim of discrimination on the 

basis of her disability or perceived disability. During the course of Plaintiff’s employment with 

Defendant, Plaintiff was treated differently than similarly situated nondisabled/perceived-asdisabled employees.

48. Defendant is liable for the differential treatment and/or its refusal to accommodate 

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Plaintiff, which adversely affected the terms and conditions of Plaintiff’s employment with 

Defendant. Defendant controlled the actions and inactions of the persons making decisions 

affecting Plaintiff or it knew or should have known of these actions and inactions and failed to 

take prompt and adequate remedial action or took no action at all to prevent the abuses to 

Plaintiff.

49. In essence, the actions of agents of Defendant, which were each condoned and 

ratified by Defendant, were disability/perceived-disability based and in violation of the laws set 

forth herein.

50. The discrimination complained of herein affected a term, condition, or privilege 

of Plaintiff’s continued employment with Defendant. The events set forth herein led, at least in 

part, to Plaintiff’s termination.

51. Defendant’s conduct and omissions constitute intentional discrimination and 

unlawful employment practices based upon disability or perceived disability or Plaintiff’s record 

of having impairment under the Americans with Disabilities Act.

52. As a direct and proximate result of Defendant’s conduct described above, Plaintiff 

has suffered emotional distress, mental pain and suffering, past and future pecuniary losses, 

inconvenience, bodily injury, mental anguish, loss of enjoyment of life and other non-pecuniary 

losses, along with lost back and front pay, interest on pay, bonuses, and other benefits. These 

damages have occurred in the past, are permanent and continuing. 

COUNT IV

RETALIATION UNDER THE ADAAA

53. Paragraphs 1 through 28 are re-alleged and are incorporated herein by reference.

54. Plaintiff was a qualified individual with a disability recognized under the 

ADAAA.

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55. Plaintiff was perceived as disabled by Defendant.

56. Defendant was Plaintiff’s employer as defined by the ADAAA.

57. Defendant retaliated against Plaintiff because of her request for a reasonable 

accommodation in violation of the ADAAA. 

58. Defendant retaliated against Plaintiff because she exercised her rights under the 

ADAAA by notifying Defendants of her need for a work accommodation related to her

disability. 

59. Defendant had actual or constructive knowledge of the retaliatory conduct.

60. Defendant’s acts and omissions negatively affected one or more terms, conditions 

and/or privileges of Plaintiff’s employment.

61. Defendant’s conduct violated Plaintiff’s right to be free from retaliation as 

guaranteed by the ADAAA.

62. Plaintiff has no plain, adequate or complete remedy at law for the actions of 

Defendant, which have caused and continue to cause irreparable harm.

63. Defendant’s violations of the ADAAA were willful or in reckless disregard of the 

tenets of the same. 

COUNT V

RETALIATION— CHAPTER 448, FLORIDA STATUTES

64. Paragraphs 1 through 28 are re-alleged and incorporated herein by reference.

65. Defendant is employer as that term is used under the applicable statutes 

referenced above.

66. The foregoing allegations establish a cause of action for unlawful retaliation after 

Plaintiff engaged in protected activity under Fla. Stat. § 448 and other statutory provisions cited 

herein.

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67. The foregoing unlawful actions by Defendant were purposeful.

68. Plaintiff engaged in protected activity by asking for reasonable accommodation(s) 

during Plaintiff’s employment with Defendant and was the victim of retaliation thereafter, as 

related in part above.

69. Plaintiff is a member of a protected class because Plaintiff engaged in protected 

activity and was the victim of retaliation thereafter. There is thus a causal connection between 

the requesting of a reasonable accommodation(s) and the adverse employment action taken 

thereafter.

70. As a direct and proximate result of the foregoing unlawful acts and omissions, 

Plaintiff has suffered mental anguish, emotional distress, expense, loss of benefits, 

embarrassment, humiliation, damage to reputation, illness, lost wages, loss of capacity for the 

enjoyment of life, and other tangible and intangible damages. These damages are continuing and 

are permanent. Plaintiff is entitled to punitive damages and to injunctive relief.

COUNT VI

HOSTILE WORK ENVIRONMENT UNDER THE ADAAA

71. Paragraphs 1 through 28 are re-alleged and are incorporated herein by reference.

72. Plaintiff is a member of a protected class due to her disability. 

73. Based on the described conduct above, Plaintiff was subjected to a hostile work 

environment based upon her disability.

74. The above described conduct was not welcomed by Plaintiff and was motivated 

by Plaintiff’s disability. 

75. The conduct was so severe and pervasive that a reasonable person would find the 

environment to be hostile and unwelcoming. 

76. Plaintiff’s wages and benefits were impacted and Plaintiff’s standing amongst her

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co-workers was adversely impacted due to the pervasive and severe conduct by Defendant and 

its agents.

77. Defendant knew or should have known of the hostile work environment. 

78. The above hostile workplace environment was done by Defendant with a reckless 

disregard for Plaintiff’s rights under federal law. As a direct and proximate result of the 

environment described above, Plaintiff has suffered and continues to suffer loss of employment, 

loss of income, loss of other employment benefits and has suffered and continues to suffer 

mental anguish, distress, humiliation, great expense and loss of enjoyment of life. 

COUNT VII

HOSTILE WORK ENVIRONMENT— CHAPTER 760, FLORIDA STATUTES

79. Paragraphs 1 through 28 are re-alleged and are incorporated herein by reference.

80. Plaintiff is member of protected class due to her disability. 

81. Based on the described conduct above, Plaintiff was subjected to a hostile work 

environment based upon her disability.

82. The above described conduct was not welcomed by Plaintiff and was motivated 

by Plaintiff’s disability. 

83. The conduct was so severe and pervasive that a reasonable person would find the 

environment to be hostile and unwelcoming. 

84. Plaintiff’s wages and benefits were impacted and Plaintiff’s standing amongst her

co-workers was adversely impacted due to the pervasive and severe conduct by Defendant and 

its agents.

85. Defendant knew or should have known of the hostile work environment. 

86. The above hostile workplace environment was done by Defendant with a reckless 

disregard for Plaintiff’s rights under federal law. As a direct and proximate result of the 

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environment described above, Plaintiff has suffered and continues to suffer loss of employment, 

loss of income, loss of other employment benefits and has suffered and continues to suffer 

mental anguish, distress, humiliation, great expense and loss of enjoyment of life. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

(a) that process issue and this Court take jurisdiction over this case;

(b) that this Court grant equitable relief against Defendants under the applicable 

counts set forth above, mandating Defendant's obedience to the laws enumerated herein and 

providing other equitable relief to Plaintiff ;

(c) enter judgment against Defendants and for Plaintiff awarding damages to Plaintiff 

from Defendants to include compensatory for Defendant's violations of law enumerated herein;

(d) enter judgment against Defendants and for Plaintiff permanently enjoining 

Defendants from future violations of law enumerated herein;

(e) enter judgment against Defendants and for Plaintiff awarding Plaintiff attorney's 

fees, interest and costs; and

(f) grant such other further relief as being just and proper under the circumstances.

DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues set forth herein which 

are so triable.

DATED this 16th day of December, 2020

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Respectfully submitted,

MORGAN & MORGAN, P.A.

/s/ Thomas L. Dickens, III

Thomas L. Dickens, III, Esq.

Florida Bar No.: 063867

Morgan & Morgan, P.A.

20 N. Orange Avenue, 14th Floor

P.O. Box 4979

Orlando, FL 32802-4979

Tel: (407) 418-2042

Fax: (407) 245-3354

tdickens@forthepeople.com;

mfermaint@forthepeople.com

ATTORNEY FOR THE PLAINTIFF 

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