A former employee's federal discrimination lawsuit against Dade County, Ga., is on the verge of collapse.
U.S. Magistrate Judge Walter Johnson sided in favor of the county in its motion for summary judgment on May 25. Johnson's ruling serves as a recommendation to U.S. District Court Judge Harold Murphy, who will decide whether the case should be dismissed.
The lawsuit began in September, when former Dade County dispatcher Debra Cureton argued that Emergency Services Director Alex Case discriminated against her because of her age, her gender and a disability. Cureton, who worked for the county from 1995-2014, said a doctor diagnosed her with a sleeping disorder in the fall of 2013.
In a response to Cureton's lawsuit, lawyers for the county argued that the case should be dismissed because Cureton did not follow the proper procedures.
First, Cureton was supposed to file a charge with the Equal Employment Opportunity Commission within 180 days of the alleged discrimination. According to Cureton's filing, the discrimination occurred when she was fired on Sept. 12, 2014. She complained to the EEOC on April 17, 2015 - 217 days after the incident.
"Ms. Cureton's claims fail as a matter of law because she did not file a timely charge," Johnson wrote in his recommendation last week.
Second, Cureton was supposed to receive a "right to sue" letter from the EEOC. This would have signaled to her that a lawsuit was appropriate. She did not receive such a letter before suing the county last year.
"Because [Cureton] failed to obtain a Right-To-Sue letter," Johnson wrote, "and she has shown no reason why this requirement should be modified under principles of equity, summary judgment should be entered for [Dade County]."
Cureton, who represented herself in the case, could not be reached for comment Tuesday. Dade County Executive Ted Rumley said that if the district judge dismisses the case, Cureton will have 30 days to appeal the decision. But Cureton did not respond to the county's motion for summary judgment in April.
According to her filing in September, Cureton worked her way up within Dade County government to become assistant director of emergency services. But in July 2011, the director demoted her. He replaced her with Daniel Jones, a younger man without any experience as a supervisor.
The lawsuit alleged that Case "made it clear before [Cureton] was demoted that he wanted Jones to be hired. Case and Jones were friends outside of work."
When Jones was promoted, Cureton said, Case gave him fewer duties than she had in the same role. She said Jones began to harass her and made a sexual comment to her. She also said a younger female employee received better treatment. When she was fired, Cureton was 53 years old.
In the lawsuit, Cureton alleged that a doctor gave her a note to show her supervisors, educating them about her sleeping disorder. The note allegedly explained that Cureton could no longer work nights. She said Rumley allowed younger employees to work the day shift instead of her.
Contact staff writer Tyler Jett at 423-757-6476 or at tjett@timesfreepress.com. Follow him on Twitter @LetsJett.