TAMPA – A former female employee accusing a Harley-Davidson dealership in Tampa of gender discrimination faces an uphill battle to prove her case, a Miami-based attorney recently said.
The U.S. Equal Employment Opportunity Commission (EEOC) said it recently filed a lawsuit against the Ferman Automotive Group and Cigar City Motors in the U.S. District Court for the Middle District of Florida alleging that Virginia Duncan, a sales manager, was repeatedly passed over for general manager promotions despite being at least as qualified as the male candidates who landed the jobs.
Peter Vujin, a Miami-based attorney, recently told the Florida Record that it may be difficult to establish that Duncan was the victim of discrimination.
"In Florida, it is very difficult to prove gender discrimination because the state, sadly, did not adopt any laws that prohibit gender-based discrimination; However, many counties did," Vujin said.
Duncan resides in Tampa, where residents have gender-based protections in both the private and public sector, Vujin said.
"Nonetheless, the plaintiff here did not proceed in (the) state court, because it appears there would be no adequate remedy – courts and judges cannot create laws, just interpret and enforce them," Vujin said. "Instead, the plaintiff got the U.S. Equal Employment Opportunity Commission to protect her rights, and (the) commission then sued the dealer."
According to the EEOC, Duncan was required by her employer to participate in a mentorship program to be eligible for the promotions while male candidates were not.
But Vujin said that fact alone would not be enough to win a discrimination case.
"The private business can always say, 'This particular employee was not competent enough so she had to take the program,'" Vujin said. "But, it is enough to state a 'prima facie' –first impression – case, which, theoretically, should survive the defendant-private business motion to dismiss, therefore allowing for what's known as 'discovery.'"
During discovery, the plaintiff's attorney may be able to find evidence that would show intent to discriminate, which, in Vujin's opinion, would be one of the best ways for the plaintiff to come out on top of this lawsuit.