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Former employee sues Aviation Authority

Joan Benjamin says she was moved to a lower-paying shift then fired after complaining about the work environment.

By REBECCA CATALANELLO
Published December 29, 2005

TAMPA - The e-mail depicting a nude black man made Joan C. Benjamin uncomfortable, as did the jokes and laughter of her workplace colleagues as they looked at it, she said.

As a black woman, Benjamin said she also didn't like the racially charged remarks of a fellow Hillsborough Aviation Authority employee who sent that e-mail and others.

Adam Hughes was a self-proclaimed redneck who commented frequently about Benjamin's hair weaves and wigs, she said in a discrimination and harassment lawsuit filed Wednesday against Hughes and the Aviation Authority, her former employer.

"Can I wear your wig?" Hughes asked once, according to the suit. "What store do you buy them from? I am going out tonight and want to dress up like a woman."

A former 911 call dispatcher, Benjamin, 37, claims that when she complained about the harassment, supervisors at Aviation Authority laughed, dismissed most of her concerns and then transferred her to a lower-paying shift, where she worked in an environment that seriously inflamed her asthma.

Brenda Geoghagan, spokeswoman for the Aviation Authority, said late Wednesday that she could not comment on the lawsuit since she did not think anyone at the agency had yet seen it.

Asked if Hughes might be available to respond, Geoghagan said she couldn't reach anyone after hours Wednesday and thought agency attorneys would likely advise anyone involved not to comment. Attempts by the Times to contact Hughes were not successful.

Benjamin worked for the Aviation Authority from October 2001 until she was fired Nov. 25, according to her lawsuit.

After complaining to her supervisor at least 15 times about Hughes' actions, Benjamin said, she was transferred two summers ago to a shift that paid 50 cents less per hour.

From May 2004 until July 2005, the Aviation Authority undertook a construction project that resulted in debris, wires and filaments falling on Benjamin and her desk, she said.

Five times Benjamin's breathing was constricted enough that paramedics were called. Once she suffered a full asthma attack, according to the suit.

Even with medical evidence of her condition, her employer refused to reassign her to another environment, her attorney said. Additionally, the Aviation Authority would not comply with a doctor's note suggesting Benjamin work no more than 40 hours a week.

Benjamin holds she was denied bathroom breaks, water breaks and work breaks. She was told she could not take any more sick time without a doctor's note. She was dismissed from her job after complaining, according to the lawsuit.

"There are constitutional rights that we as citizens of both the United States and Florida enjoy that say not only can you not be sexually harassed, but you can't be retaliated against for making such a claim," Giardina said. "We're saying the Hillsborough County Aviation Authority is complicit because they did not do anything about the situation."

Benjamin is seeking punitive damages of more than $5-million, plus attorneys' fees, general damages and other costs associated with the lawsuit.

Times researcher Cathy Wos contributed to this report.

[Last modified December 29, 2005, 01:00:08]