Trial date set in bus driver lawsuit

[Guest Nicole]

A trial date has been set for a lawsuit between a former City of Key West Department of Transportation bus driver and the city, but a federal judge ordered both sides to attempt to resolve the case via mediation. 

Bobby Walker Jr. claims that he requested, via a letter dated Oct. 23, 2014, to the city manager’s office, that he not participate in the annual Fantasy Fest parade and that his “participation in the Fantasy Fest parade was contrary to his beliefs as a Jehovah’s Witness,” the lawsuit states. 

Walker claims his civil rights were violated, according to the lawsuit. 

U.S. District Judge Jose E. Martinez has tentatively scheduled a trial date for Jan. 23 at the federal courthouse in Key West on Simonton Street. He also set the mediation deadline for Dec. 14, meaning if the case has not been resolved outside of court by then a trial is likely to begin by the January date. 

Walker claims that during a meeting with superiors, city management officials “openly mocked (Walker’s) religious beliefs and threatened to write up Walker for purportedly not giving enough time to change the schedule,” the lawsuit states.

According to the employee handbook, drivers are required to give at least two hours’ notice of any schedule change request. Walker claims that his two-day notice was more than ample.

“A manager treated Mr. Walker differently than persons who were not of Jehovah’s Witness faith by threatening to write Mr. Walker up for not giving him a 48-hour notice of his request for time off, although persons of other religions are only held to a two-hour minimum notice,” Walker’s attorney, Jay Paul Lechner of St. Petersburg, wrote to The Citizen seeking comment. “The same manager made comments to the effect ‘I’ve had enough of this religion stuff,’ and ‘You’re the only one’ causing problems due to religion. Managers also spread rumors to other employees about Mr. Walker, such as that Jehovah’s Witnesses ‘think they are better than others.’”

With respect to Walker’s race — he is black — Lechner wrote: “A mechanic manager angrily called Mr. Walker a ‘damn boy’ and purposely locked him out of the break room used by white employees. A manager made a comment to another manager to the effect of ‘get rid of that black son-of-a-(deleted),’ referring to Mr. Walker.”

Immediately after Walker’s meeting with superiors, his “hours were decreased and he was subjected to threats of losing his job, vindictive acts and derogatory comments about his race from other members of the management team,” according to the lawsuit.

Walker claims he complained to higher-ups but no action was taken, according to the lawsuit.

On or about Dec. 31, 2014, Walker again requested a shift change so that he would not have to work the late shift on New Year’s Eve, based on his religious beliefs, the lawsuit states.

He was fired shortly thereafter, according to the lawsuit.

Walker is accusing the city of violating his civil rights under the federal Civil Rights Act of 1964, as well as under the Florida Civil Rights Act.

He is seeking back pay and benefits as well as his attorney’s fees and punitive damages.

http://keysnews.com/node/79152