Florida Verdicts

Plaintiff(s):

Susana Capasso (Female)

Plaintiff Attorney(s):

Donna M. Flammang;
Brennan, Manna & Diamond, PL;
Bonita Springs,
FL,
for
Susana Capasso ■ Elinor E. Baxter;
Brennan, Manna & Diamond, PL;
Bonita Springs,
FL,
for
Susana Capasso ■ Kim M. Hastings;
Brennan, Manna & Diamond, PL;
Bonita Springs,
FL,
for
Susana Capasso

Defendant(s):

Collier County

Defense Attorney(s):

John F. Potanovic Jr.;
Henderson, Franklin, Starnes & Holt, P.A.;
Ft. Myers,
FL,
for
Collier County ■ Colleen M. Greene;
Office of the Collier County Attorney;
Naples,
FL,
for
Collier County ■ Suzanne M. Boy;
Henderson, Franklin, Starnes & Holt, P.A.;
Fort Myers,
FL,
for
Collier County

On April 18, 2011, plaintiff Susana Capasso was terminated from her position as an investigative supervisor with Collier County. Capasso sued Collier County asserting claims of national origin discrimination, and retaliation. In 2007, Capasso, a Hispanic Cuban, began working for Collier County Code Enforcement Department as an investigative supervisor. Capasso claimed that in 2009 she began to be subjected to derogatory comments regarding Hispanics from her supervisor and other co-workers. Capasso claimed that when she met directly with her supervisor to discuss county ordinances, her supervisor insinuated that she could not understand the ordinances because they were written in English because she was Hispanic. Capasso also claimed her co-worker belittled her by stating "In America, we don’t write the date like that" when Capasso wrote a date as (YY-MM-DD). Capasso claimed she verbally complained to her supervisor and upper management but nothing was done. She claimed in August 2010 she filed two internal written complaints of national origin discrimination with human resources and her supervisor. Capasso claimed that she had never been disciplined prior to filing the two internal complains. She claimed after she filed the complaints she was retaliated against. What’s more, Capasso claimed in July 2009 she was given an annual evaluation score of 425 out of 500. However, Capasso alleged that after she made her verbal complaints her performance evaluation in July 2010 was downgraded to 300 out of 500. Capasso claimed in October 2010, she received verbal counseling for failure to follow directives, and was put on a Performance Improvement Plan. Capasso claimed in November 2010, she received another verbal counseling for failure to follow directives, making that the fourth verbal counseling since filing her internal complaints. On Dec. 2, 2010, Capasso filed a charge of discrimination with the Equal Employment Opportunity Commission alleging discrimination based on national origin and retaliation. On Dec. 12, 2010, Capasso was put on a second Behavior Action Plan and suspended for three days without pay, for continuing to perform below standards. Capasso then began to receive treatment from a psychiatrist for panic attacks and anxiety from the alleged hostile work environment. On Jan. 21, 2011, Capasso was approved for leave under the Family and Medical Leave Act for panic attacks and anxiety. On April 19, 2011, while still under her psychiatrist’s care, Capasso claimed she was instructed to return to work, even though her doctor believed she was unfit to return. She claimed she requested additional leave time to continue her treatment, but that the request was denied and she was subsequently terminated. The defense denied all of Capasso’s allegations. Defense counsel claimed Capasso was terminated for legitimate, non-discriminatory, non-retaliatory reasons. The defense claimed Capasso violated Collier County’s standards of conduct and insubordination polices. The defense also argued that Capasso did not make her claims of alleged discrimination in good faith. Defense counsel claimed that an internal investigation was conducted in 2010 in which several employees were interviewed: the employees stated they neither witnessed nor heard inappropriate comments about Hispanics in the workplace.

Capasso claimed she suffered emotional distress as a result of the alleged hostile environment, and retaliation. Capasso sought to recover compensatory damages, including back pay, front pay, pain and suffering and reimbursement of her attorney’s fees.

The jury found that Susana Capasso did not engage in a protected activity.

Judge:

Douglas N. Frazier

Demand:

$300,000

Offer:

$7,500

Trial Length:

5
 days

Trial Deliberations:

1
 hours

Jury Vote:

Unanimous

Jury Composition:

1 male/ 7 female

This report is based on information that was gleaned from court documents and plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.