WEST PALM BEACH, Fla. – A Florida man is suing his former employer, alleging the equipment company was “intentional, willful, malicious” in its racial discrimination of him.
Plaintiff Ishmael “Alex” Kelly, a Black man living in West Palm Beach, filed his lawsuit against Southern LLC in the U.S. District Court for the Southern District of Florida, West Palm Beach Division, Dec. 2.
The named defendant is Southern LLC, doing business as Southern Outdoor Equipment Superstore. Southern, according to its website, sells outdoor power equipment, trailers, golf carts, parts, and accessories.
In his 16-page complaint, Kelly accuses the West Palm Beach business of racial discrimination, creating a hostile work environment, and retaliation.
“Despite his qualifications and superior performance, Plaintiff was subjected to adverse employment actions, including being consistently paid less than white counterparts, repeatedly overlooked for promotions, denied benefits provided to others, subjected to discriminatory treatment, demoted from his Sales Manager position, and ultimately constructively discharged,” he wrote in his filing.
Kelly was hired by Southern in November 2008, according to his complaint. During his 15 years with the company, he worked as a sales manager and sales representative, promoted over time.
During his last year of employment, he claims he generated $3.6 million in sales and allegedly received “fantastic” performance evaluations over his last five years – earning an $18,000 sales bonus.
However, Kelly claims co-workers “regularly used” racial slurs when addressing him. When he reported the incidents to management, he claims his complaints were “deliberately ignored.”
He also claims – despite his “superior” qualifications and performance – he was consistently paid less than his white counterparts. He also alleges he was denied various benefits other employees were given, like lunch breaks, gift cards, and gas reimbursements.
Kelly contends he was even denied a Christmas bonus in December 2023 despite his “outstanding” sales performance that year. Then, he was demoted in January 2024 and replaced with a white employee who received a $100,000 salary compared to his $70,000.
“On February 23, 2024, the intolerable working conditions created by Defendant's discriminatory and retaliatory conduct forced Plaintiff to resign from his employment,” the complaint states.
“Following Plaintiff's resignation, Defendant continued its retaliatory conduct by making false accusations that Plaintiff had stolen money and threatening to prosecute him for embezzlement.
“Defendant defamed Plaintiff to customers and vendors by spreading false allegations that he had stolen money from the company.”
The company allegedly told Kelly “he could not quit” and unlawfully opened his 1099 tax document without authorization.
“As a direct result of the discriminatory and hostile work environment created by Defendant, Plaintiff suffered significant health impacts, requiring medication,” his filing states.
“Plaintiff has suffered and continues to suffer emotional distress, depression, embarrassment, humiliation, and mental anguish as a result of Defendant's unlawful conduct.”
Kelly seeks an order requiring Southern make him “whole” by providing compensation for out-of-pocket losses, in addition to back pay “in an amount equal to the sum of any wages, salary, employment benefits, bonuses, commissions, or other compensation denied or lost” as a result of the company’s acts.
He also seeks front pay in lieu of reinstatement, compensatory damages, punitive damages, and attorneys’ fees.
Denise A. Mutamba of MDM Legal PLLC in West Palm Beach is representing Kelly in the suit.
