6:23-cv-01162
M.D. Fla.Feb 6, 2025Background
- Anthony El-Khouri, a Lebanese adjunct professor, was employed at Eastern Florida State College (the "College") and faced student complaints during his first semester at the Melbourne campus in 2018.
- Following complaints, El-Khouri was removed from teaching at Melbourne but secured subsequent positions, including a full-time contract at the College's Cocoa campus, then later transferred back to Melbourne with satisfactory evaluations.
- Despite positive performance after 2018, his contract was not renewed for 2022–2023, a decision made by administrators (Handfield and Fletcher) without input from El-Khouri’s direct supervisors and based, allegedly, on prior student complaints.
- El-Khouri filed internal grievances and was eventually reinstated after higher-level review, receiving an apology and later obtaining contract renewal and tenure.
- He also filed a Charge of Discrimination with the EEOC and FCHR, alleging non-renewal was due to national origin discrimination, and brought suit under Title VII and the Florida Civil Rights Act (FCRA); the College moved for summary judgment and to strike certain affidavits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to Strike Affidavits | Affidavits are relevant, based on personal knowledge | Some affidavits/witnesses not disclosed or improper basis for statements | Struck some parts, allowed others |
| Exhaustion of Administrative Remedies | EEOC letter suffices; FCRA claim does not require FCRA be named in charge | DOJ letter needed for Title VII; FCRA claim is unexhausted w/o explicit mention | EEOC letter suffices for Title VII; FCRA claim allowed |
| Prima Facie Case of Discrimination | Comparators (white professors) treated better; mosaic of evidence indicates bias | No similarly situated comparators treated better; nondiscriminatory reasons | Insufficient comparators, but "convincing mosaic" suffices for trial |
| Employer's Stated Reason (Pretext) | Old complaints were pretext; deviation from policy; biased decisionmaker | Decision based solely on prior student complaints | Sufficient evidence of pretext for a jury to decide |
Key Cases Cited
- Lewis v. City of Union City, 918 F.3d 1213 (11th Cir. 2019) (Sets framework for employment discrimination analysis under Title VII)
- Jenkins v. Nell, 26 F.4th 1243 (11th Cir. 2022) (Discusses "convincing mosaic" as alternative to McDonnell Douglas framework)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (Establishes burden-shifting framework for disparate treatment cases)
- Solomon v. Hardison, 746 F.2d 699 (11th Cir. 1984) (DOJ right-to-sue letter requirement can be waived)
- Alvarez v. Royal Atl. Devs., Inc., 610 F.3d 1253 (11th Cir. 2010) (Evidence showing employer deviation from policy is relevant to pretext)