ORLANDO – A former Barry University College of Law professor alleges he was discriminated against, and later terminated, because of his sex and age, according to a recent federal court filing.
Plaintiff Mitchell Frank, who was 71 at the time of his termination in September 2024, filed his lawsuit in U.S. District Court for the Middle District of Florida.
In his 20-page complaint, Frank alleges Dean Leticia Diaz “targeted” him due to his sex and age and that defendant Barry University was “completely aware of, ratified and/or condoned” Diaz’s conduct.
He contends the university violated the federal Civil Rights Act and Age Discrimination in Employment Act, or ADEA, and the Florida Civil Rights Act, or FCRA.
According to his filing, Frank was employed as a tenured professor at the law school and reported to Diaz.
“Dean Diaz had expressed that she preferred to work with women instead of men,” Frank’s complaint states, noting that during his employment the number of male employees “dwindled significantly” after Diaz took office.
He contends Diaz would “repeatedly” state in front of staff that she was “tired of being yelled at by older white men” and that she wanted Frank “fired/retired.”
“While Plaintiff did not yell at Dean Diaz as she liked to proclaim, the Defendant was determined to terminate Plaintiff,” the complaint states.
Twice, in July 2024 and August 2024, Frank alleges he objected to Diaz’s “ongoing treatment of him” based on his sex and age to Barry’s upper management.
Soon after, in September 2024, Diaz allegedly called Frank and told him he was being terminated due to his failure to show up for a meeting – even though, Frank contends, he had called in sick.
In addition, Frank alleges he was denied a fair hearing pursuant to the university’s Faculty Governance Document and the Employee Manual.
“Defendant’s reasons given for Plaintiff’s termination were pretextual,” the complaint states. “Defendant terminated Plaintiff because of his age, sex, and because he objected to and opposed Defendant’s unlawful discrimination.”
He notes in his filing that the university has exhibited a “pattern of sex discrimination behavior directed at male professors.”
He claims at least two known Equal Employment Opportunity Commission claims were brought by male professors at Barry.
The EEOC is a federal agency that is responsible for enforcing civil rights laws that prohibit workplace discrimination, retaliation, and harassment. It investigates claims, mediates disputes and litigates on behalf of workers who have been discriminated against.
Indeed, in 2017, a former law professor filed a lawsuit against Barry, making similar allegations to Frank.
Just this year, in April, another law school employee filed a lawsuit against the university. The employee, a female, made allegations of disparate treatment and retaliation against Diaz.
Frank, in his filing, seeks compensatory damages in excess of $1.5 million, consequential damages, pre-judgment interest, and attorney fees.
The Law Offices of Charles Eiss PL in Fort Lauderdale and Leeder Law in Plantation are representing Frank in the suit.
