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FLORIDA RECORD

Thursday, March 28, 2024

UCF professor loses attempt to strike down JetBlue's affirmative defenses in discrimination case

Federal Court
Lawbooks

ORLANDO — A University of Central Florida adjunct professor and former JetBlue senior analyst has been denied an attempt to strike down a series of affirmative defenses in her suit against the airline, alleging she was fired because of her age and race. 

According to the July 16 U.S. District Court for the Middle District of Florida Orlando Division filing, plaintiff Lynne Gibson asked the court to strike 12 affirmative defenses filed by defendant JetBlue Airways Corp. 

Gibson filed suit against JetBlue after she was fired from her job as part of the assessment, measurement and evaluation team at JetBlue University. Gibson alleges she was terminated due to her age and race while JetBlue argues Gibson's firing was due to inferior job performance. 

In answering Gibson's complaint, JetBlue filed 12 affirmative defenses which Gibson argues are "denials" not affirmative defenses, that they are not relevant to the case and are "not supported by facts."

Gibson also argues that her "counsel's certificate" involving communications between counsels and Local Rule 3.01 (g) requiring attorneys to meet prior to filing most motions, should be stricken.

Among JetBlue's affirmative defenses are that it made "good-faith efforts" to prevent discrimination and harassment, Gibson being precluded from reinstatement or back pay and that her actions were the cause of her alleged injuries or damages. 

The court concluded that JetBlue's affirmative defenses "suffice for litigation purposes" with U.S. Magistrate Judge Thomas Smith stating the defenses contained "deficiencies" but that those were not significant enough to be stricken in the case. 

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