A federal judge has dismissed a discrimination lawsuit against Dade County.
Debra Cureton, a former dispatcher for the county, filed the lawsuit last September, claiming Emergency Services Director and Trenton Mayor Alex Case discriminated against her because of her age, gender and disability. In particular, she said Case unfairly acted against her when he demoted her from assistant director of emergency services in July 2011.
She said her replacement, a man, made sexual comments toward her. She also said a younger female employee received treatment before Cureton was fired at the age of 53. In addition, she said the county made her work a night shift even though a doctor diagnosed her with a sleeping disorder and said her work hours were unhealthy.
But Tuesday, U.S. District Court Judge Harold Murphy dismissed the case. He did so after U.S. Magistrate Walter Johnson reviewed the court filings and recommended the case be dropped.
Alex Case, emergency management director in Dade County, discusses changes in ambulance service in Dade County in 2010.Johnson said Cureton didn't follow the proper procedures in her filing.
First, one must file a charge with the Equal Employment Opportunity Commission within 180 days of the alleged discrimination. She waited 217 days.
Next, she was supposed to first receive a "right to sue" letter from the EEOC before filing a lawsuit. She didn't receive the letter before taking action.
Dade County's lawyers had asked the judges to close the case because of those issues.
"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]."
Added Murphy: "The charge of discrimination that Plaintiff filed with the Equal Employment Opportunity Commission (the "EEOC") was not timely, which warrants summary judgment in Defendant's favor."
Contact staff writer Tyler Jett at 423-757-6476 or at tjett@timesfree press.com. Follow him on Twitter @LetsJett.