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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

SHARLENE BANCS, an individual,

Plaintiff,

v.

THE SCHOOL BOARD OF BROWARD 

COUNTY, FLORIDA,

Defendant.

CIVIL ACTION

Case No. 0:22-cv-61600

Judge: 

Mag. Judge: 

COMPLAINT AND DEMAND FOR JURY TRIAL

NOW COMES the Plaintiff, SHARLENE BANCS (“BANCS” or “Plaintiff”), 

by and through undersigned counsel, and states the following for her Complaint:

CAUSES OF ACTION

1. This is an action brought under the Americans with Disabilities Act 

(ADA) and Florida Civil Right Act (FCRA) for discrimination in violation of the 

ADA.

PARTIES

2. The Plaintiff, SHARLENE BANCS (“BANCS” or “Plaintiff”) is an 

individual and a resident of Broward County, Florida, and is employed by 

Defendant, THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA in 

Broward County, Florida. 

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3. Defendant, THE SCHOOL BOARD OF BROWARD COUNTY, 

FLORIDA (“SCHOOL BOARD”) operates the public schools in Broward County, 

Florida. The Defendant is an employer under the ADA and the FCRA, and 

employed BANCS in Broward County, Florida.

4. At all material times, SCHOOL BOARD employed greater than 

fifteen (15) employees.

JURISDICTION AND VENUE

5. This Court has jurisdiction of this matter under 28 U.S.C. §1331. 

6. This Court has supplemental jurisdiction over BANCS’ state law 

claims pursuant to 28 U.S.C. § 1367.

7. Venue is proper in the United States District Court for the Southern

District of Florida because the Plaintiff resides in, and the Defendant conducts 

business in, and some or all of the events giving rise to Plaintiff’s claims occurred 

in Broward County, Florida, which is within the Southern District of Florida. 

Venue is proper in the Ft. Lauderdale Division since Broward County is within the 

Fort Lauderdale Division. 

8. BANCS received her Notice of Right to Sue from United States Equal 

Employment Opportunity Commission (“EEOC”) on June 1, 2022 and the instant 

Complaint is filed within the time frame required under the law. (A true and 

accurate copy of the Notice of Right to Sue is attached as Exhibit A).

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GENERAL ALLEGATIONS

9. BANCS began her employment with SCHOOL BOARD in or about 

2007, and was employed as a teacher.

10. BANCS always performed her assigned duties in a professional 

manner and was very well qualified for her position despite being a qualified 

person with a disability.

11. BANCS always received good performance reviews from Defendant 

prior to developing a disability and requesting reasonable accommodations. 

12. BANCS’ disability consists of hearing impairments, which affect the 

major life activities of listening, working and communicating.

13. BANCS’ disability began affecting her ability to perform the essential 

functions of her position as the COVID-19 pandemic unfolded in 2020. 

14. At that time, BANCS’ requested reasonable accommodations, which 

consisted of utilizing electronic devices to help her hear and talk to students, 

having students learn through their laptop with an Instructor’s Aid present to 

assist with getting the students to different transportation points in the building, 

and utilizing an online meeting platform called TEAMS for meetings and 

trainings. 

15. These requests for reasonable accommodations had been granted.

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16. In or about January 2021, BANCS asked her school principal if the 

school had the necessary equipment to meet her previously-granted reasonable 

accommodations. The principal replied in the negative.

17. As a result, BANCS contacted the SCHOOL BOARD’s ADA/EEO 

department to report that her principal was not providing her the necessary 

reasonable accommodations. The ADA/EEO department instructed her principal 

to afford the previously-granted reasonable accommodations. 

18. However, when BANCS arrived for the first day of class, none of the 

reasonable accommodations were available or provided. An Instructor’s Aid was 

present on the first day of class in the midday only but was inconsistent the

remainder of the time. Eventually, BANCS was forced to work without an 

Instructional Aid, despite the fact such Aids were provided to non-disabled 

teachers outside of her protected class. This made performing the essential 

functions of her position incredibly difficult.

19. On January 10, 2021, BANCS complained to the SCHOOL BOARD’s 

ADA/EEO department about the failure to provide reasonable accommodations, 

and the ADA/EEO department assured her that the electronic devices used to help 

her hear and talk to students had been ordered. Without this accommodation, 

BANCS could not perform the essential functions of her position, and she 

continued to work from a remote location, but her principal nevertheless recorded 

her as absent and docked her sick time.

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20. This continued for the remainder of the 2020-21 school year.

21. In August 2021, BANCS was preparing to return for another school 

year. Upon beginning work in August 2021, BANCS’ principal informed her that 

he would not permit her reasonable accommodations to continue into the 2021-22 

school year.

22. BANCS promptly complained to the SCHOOL BOARD’s 

ADA/EEO department, which assured her that her accommodations would be 

renewed. They were not. Instead, her principal stated that the “needs of the 

school” had suddenly changed and that the previously-granted reasonable 

accommodations could not longer be accommodated. The principal refused to 

elaborate.

23. Because of the principal’s actions, the SCHOOL BOARD forced

BANCS to begin the ADA reasonable accommodation process from scratch. The 

principal’s suggested accommodation was for BANCS to utilize a bullhorn, which 

BANCS had explained previously was completely inadequate, particularly since 

her previously-granted reasonable accommodation had allowed her to perform 

the essential functions of her position very well, and a bullhorn did not properly 

amplify her voice, certainly did not allow her to better hear students, and actually 

caused damage to her already-impaired hearing.

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24. The principal refused to use TEAMS for meetings and training with 

BANCS, in addition to denying her other previously-granted reasonable 

accommodations.

25. Nevertheless, BANCS remained scheduled to teach for the SCHOOL 

BOARD for the 2021-22 school year, and thus continue her employment.

26. Despite virtual teaching positions being available, the SCHOOL 

BOARD refused to assign BANCS to a virtual teaching position. Instead, BANCS

was assigned to an in-classroom teaching position but with much younger 

students who were more difficult to teach as she was hearing impaired. This –

combined with the denial of her previously-granted reasonable accommodations 

– prevented BANCS from performing the essential functions of her job.

27. Meanwhile, the SCHOOL BOARD took no affirmative steps to 

investigate BANCS’ complaints regarding disability discrimination and the denial 

of her reasonable accommodations. When BANCS raised the issue of her 

reasonable accommodations being denied, the SCHOOL BOARD would either

end the conversation or mislabel it as “bullying.”

28. On June 7, 2022, BANCS timely submitted her Notice of Intent to 

return for the 2022-23 school year. The Notice of Intent was submitted to SCHOOL 

BOARD electronically.

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29. Despite the fact that her Notice of Intent had been timely submitted, 

the SCHOOL BOARD suddenly informed her that the form was late and that she 

would be terminated.

30. The SCHOOL BOARD has not yet terminated BANCS, but it has 

continued to deny her access to reasonable accommodations in violation of the 

ADA.

COUNT I – VIOLATION OF THE AMERICANS WITH DISABILITIES ACT, 

AS AMENDED

31. Plaintiff incorporates by reference Paragraphs 1-30 of this Complaint 

as though fully set forth below.

32. At all relevant times, BANCS was an individual with a disability 

within the meaning of the ADAAA. 

33. Specifically, BANCS has impairments that would substantially limit 

one or more major life activities and bodily functions, has a record of the 

impairment, and is regarded by the Defendant as having such impairments.

34. BANCS is a qualified individual as that term is defined in the 

ADAAA.

35. BANCS is an individual who, with reasonable accommodation, at all 

relevant times could perform the essential functions of the job with the Defendant. 

36. At all material times, BANCS was an employee and the Defendant 

was her employer covered by and within the meaning of the ADAAA.

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37. BANCS has disabilities, which qualify under the ADAAA. 

38. Defendant discriminated against BANCS with respect to the terms, 

conditions, and privileges of employment because of her disabilities, and has been 

denied reasonable accommodations.

39. Defendant conducted itself with malice or with reckless indifference 

to BANCS’ federally protected rights.

40. Defendant discriminated against BANCS in violation of the ADAAA

by interfering with her enjoyment of all benefits, privileges, terms, and conditions 

of her employment.

41. The conduct of Defendant altered the terms and conditions of 

BANCS’s employment and BANCS suffered negative employment action in the 

form of discipline and threatened termination. 

42. As a direct and proximate result of the violations of the ADAAA, as 

referenced and cited herein, BANCS has lost benefits and privileges of her 

employment and has been substantially and significantly injured in her career 

path that was anticipated from her employment.

43. As a direct and proximate result of the violations of the ADAAA as 

referenced and cited herein, and as a direct and proximate result of the prohibited 

acts perpetrated against her, BANCS is entitled to all relief necessary to make her 

whole.

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44. As a direct and proximate result of the Defendant’s actions, BANCS

has suffered damages, including but not limited to, a loss of employment 

opportunities, loss of past and future employment income and fringe benefits, 

humiliation, and non-economic damages for physical injuries, mental and 

emotional distress.

45. BANCS has exhausted her administrative remedies and this count is 

timely brought. 

WHEREFORE, Plaintiff requests trial by jury of all issues so triable as of 

right, and: 

i. Back pay and all other benefits, perquisites and other compensation for 

employment which plaintiff would have received had she maintained 

her position with Defendant, plus interest, including but not limited to 

lost salary and bonuses;

ii. Front pay, including benefits, insurance costs, benefits costs, and 

retirement benefits;

iii. Reimbursement of all expenses and financial losses Plaintiff has incurred 

as a result of Defendant’s actions;

iv. Reasonable attorney's fees plus costs;

v. Compensatory damages, and;

vi. Such other relief as this Court shall deem appropriate.

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DEMAND FOR JURY TRIAL

NOW COMES the Plaintiff, SHARLENE BANCS, by and through her 

undersigned attorneys, and demands a jury trial under Federal Rule of Civil 

Procedure 38 on all issues triable of right by a jury in this action.

Respectfully submitted,

Dated: August 26, 2022 /s/ Benjamin H. Yormak

Benjamin H. Yormak

Florida Bar Number 71272

Lead Counsel for Plaintiff

Yormak Employment & Disability Law 

27200 Riverview Center Blvd., Suite 109

Bonita Springs, Florida 34134

Telephone: (239) 985-9691

Fax: (239) 288-2534

Email: byormak@yormaklaw.com

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