JEAN E. DUNHAM, APPELLANT,
v.
BREVARD COUNTY SCHOOL BOARD AND THE DEPARTMENT OF EDUCATION, APPELLEES
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PER CURIAM.
The issue before the court is whether the appellant may bring an action against the school board for alleged sex discrimination in employment under the provisions of the Federal Equal Pay Act, 29 U.S.C. § 206(d)(1). We conclude that the trial court erred in dismissing appellant’s complaint alleging such discrimination. Usery v. Charleston County School District, 558 F. 2d 1169 (4th Cir. 1977); Fitzpatrick v. Bitzer, 427 U.S. 445, 96 S.Ct. 2666, 49 L.Ed.2d 614. In addition, the complaint sufficiently alleged a cause of action based upon a specific contract between the school board and appellant and the subsequent breach thereof by the school board.
Accordingly, the order of dismissal is reversed with directions for further proceedings in accordance with this decision.
ANSTEAD and LETTS, JJ., and JOHNSON, TOM, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dunham v. Brevard Cnty. Sch. Bd. & Dep't of Educ., 401 So. 2d 888 (Fla. 5th DCA 1981)…350 So. 2d 529 (Fla.3d DCA 1977). REVERSED and REMANDED with directions for further proceedings in accordance with this opinion. FRANK D. UPCHURCH, Jr., and CO-WART, JJ., concur. . 29 U.S.C. § 206(d)(1). . Dunham v. Brevard County School Board, 372 So. 2d 516 (Fla. 4th DCA 1979). . Fla.R.Civ.P. 1.140. . Fair Labor Standards Act of 1938, 29 U.S.C. § 216 as amended 1977.…
Authorities Cited
- Fitzpatrick v. Bitzer, 427 U.S. 445 (U.S. 1976)
- Usery v. Charleston Cnty. Sch. Dist. OF Charleston Cnty., 558 F.2d 1169 (4th Cir. 1977)