Florida District Courts of Appeal, 1979

Dunham v. Brevard County School Board

Florida District Courts of Appeal · Decided June 27, 1979 · No. 77-2544 · Anstead, Johnson, Letts, Tom

372 So. 2d 516; 24 Wage & Hour Cas. (BNA) 259; 1979 Fla. App. LEXIS 14967 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Dunham v. Brevard County School Board (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

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