A Florida worker was hired into a job requiring a commercial driver’s license (CDL). She stated on her application that she had one, but she didn’t. While she was still on probation, the employer gave her just 2 days to get the CDL, but no appointment was available that quickly, so she was fired.

What happened. “Valencia” joined GlobeGround, which provides aircraft fueling services at Miami International Airport, as a fueler. In that capacity, she was required to drive tanker trucks and hydrant cars—the reason for the CDL. She was also covered by a collective bargaining agreement between the Transport Workers Union of America and her employer. That agreement stated that new employees would undergo a probationary period of 120 days from hiring to full employment status, during which no termination could be grieved or arbitrated. By 3 ½ months after her start date, supervisors were aware that Valencia had no CDL, and they gave her 2 days to obtain one or be terminated. But she wasn’t able to get an appointment for testing until 2 days after the deadline expired. Managers also noted that she’d made no attempt earlier to get the license; moreover, early evaluations had shown that she had difficulty doing her job. So Valencia was fired. She filed a complaint of gender discrimination with the Equal Employment Opportunity Commission, which dismissed her charge. She sued in state court, claiming violation of Florida’s civil rights law. A judge in a state circuit court ruled in GlobeGround’s favor, dismissing Valencia’s case. She appealed that ruling.

What the court said. Judges for the 3rd District Court of Appeal noted that under the Florida Civil Rights Act, which mirrors federal law, a plaintiff must show four facts to prove discrimination that: (1) she is a member of a protected class, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) similarly situated employees outside the protected class were treated better. Valencia had shown numbers (1) and (3), while (2) was in doubt. To show (4), she named a number of men who had been hired without their CDLs, pointing to one in particular who was given 15 days, rather than the 2 afforded her, to get his CDL. But judges found both that the 15 days were well within his probation period and that he had not had other performance problems in the job. So Valencia’s case was again dismissed. Valenzuela v. GlobeGround, 3rd District Court of Appeal, No. 3D07-1742 (8/19/09).

Point to remember: It was clear that Valencia wasn’t qualified for her job, so judges went further than they needed to in reviewing the men’s situations.