Former Cape Coral City Manager begins long-awaited lawsuit against city council
Former Cape Coral City Manager Rob Hernandez made good on his promise and begins his lawsuit against the city over claims of racism and anti-gay actions he claims the city council committed.
The complaint and demand for a jury trial were filed on March 19, claiming retaliation under Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act.
He is represented by Benjamin Yormak, a Bonita Springs-based employment and disability law attorney.
Hernandez is seeking pay he would have received had he maintained his position with the city, reimbursement of all expenses and financial losses he incurred as a result of losing his role, compensatory damages to cover attorney fees, costs, and expenses, and any other relief the court deems appropriate.
He had previously stated in his original letter to the city council after his contract was not renewed that he could be entitled to as much as $1.16 million and wanted $500,000 to drop the lawsuit.
His lawsuit comes months after the U.S. Equal Opportunity Commission (EEOC) granted a notice of right to sue on Dec. 20, 2023, to Hernandez's charge of discrimination against the city.
The notice is not a judgment on whether Hernandez's case against the city has merits.
When asked for a response to the former manager's lawsuit, Cape Coral Spokesperson Melissa Mickey in an email stated that it is the city's policy not to comment on pending litigation.
The former city manager is now Lakeland's assistant city manager.
Original discriminatory letter Former Cape Coral City Manager accuses the city of discrimination; wants $500K to drop claim
Hernandez fired Cape Coral fires city manager, two weeks after not renewing contract.
Cape Coral City Manager fired and claims explained
After the council voted not to renew his contract, the former city manager sent a letter on Feb. 14, 2023, accusing several council members, including the mayor, of racist and anti-LGBTQ conduct against city employees and residents.
Many named in his letter voted against his renewal as city manager.
Hernandez, hired in August 2020, received an above-average rating of 3.8 out of five and an unanimously approved 6.25% raise just months prior.
In the complaint document, Hernandez allegedly faced constant scrutiny from councilmembers over his hiring of T. Sharon Woodberry, a Black woman, as the city's Economic and Business Development Officer. She accepted the role in late May 2022.
The scrutiny continued until Feb. 1, 2023, when a special meeting was held to discuss Hernandez's contract renewal. Hernandez did not attend the meeting because of a surgical procedure that day.
He was fired two weeks later and received almost $100,000 from the city, the amount equivalent to the remainder of his contract.
Hernandez claimed Mayor John Gunter, Councilmembers Dan Sheppard, Bill Steinke, and then Councilmember Patty Cummings actions against Woodberry and the level of inquiry into her qualifications, background, and job performance were unprecedented.
He also claims several council members wanted a less experienced white woman from the city to fill the position.
Hernandez also claimed there was a pattern of stereotypical and discriminatory behavior by some council members.
His claims include Mayor John Gunter wanting to remove a lesbian employee from having contact with the public; Sheppard demanding rules of decorum that would only apply to Cape Pride, an annual LGBTQ festival; with the latter objecting to correcting pay inequities for a member of the executive leadership team because of sexual orientation.
In May 2023, an outside investigator hired by the city found that many of Hernandez's claims were unsubstantiated.
However, Hernandez did not participate in the investigation with his lawyer doubting the investigation's validity.
Violations explained
Title VII of the Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin.
Under Florida Civil Rights Act, employers cannot fire, exclude, segregate, or limit employees because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
The EEOC enforces this law and others like it and protects individuals who file a complaint, participate in an investigation of an EEO complaint, or oppose an employment practice made illegal under any of the laws that the EEOC enforces from retaliation.
According to the complaint, Hernandez's objections to the alleged racial and sexual orientation discrimination made him a target for retaliation and thus is entitled to relief under Title VII.
"As a direct and proximate result of the violations of Title VII, as referenced and cited herein, Hernandez has lost all of the benefits and privileges of his employment and has been substantially and significantly injured in his career path," the complaint states.
In addition to his loss of employment and benefits, the complaint states that Hernandez suffered "humiliation, and non-economic damages for physical injuries, mental and emotional distress."
Luis Zambrano is a Watchdog/Cape Coral reporter for The News-Press and the Naples Daily News. You can reach Luis at Lzambrano@gannett.com. Follow him on Twitter @Lz2official.
This article originally appeared on Fort Myers News-Press: Former Cape Coral official alleges council guilty of discrimination
