Delray Beach Employee Sues City, HR Director Over Discrimination And Retaliation Claims

by Legal Desk | Apr 29, 2026 · 3:46 pm | Delray Beach News

Delray Beach Employee Sues City, HR Director Over Discrimination And Retaliation Claims

Last Updated: Apr 29, 2026 · 3:50 pm

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DELRAY BEACH, FL (Boca Post) (Copyright © 2026) — A Palm Beach County man has filed a civil complaint against the City of Delray Beach and its human resources director, alleging discrimination, retaliation and improper use of his employment benefits after he reported workplace discrimination and filed a workers’ compensation claim.

The complaint, Evens Occenat v. City of Delray Beach, Florida, and Duane D’Andrea, Case No. 502026CA004642XXXAMB, was filed April 24, 2026, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County. The lawsuit names the City of Delray Beach and Duane D’Andrea, individually, as defendants.

According to the complaint, Occenat is a Black male of Haitian national origin who resides in Palm Beach County. The filing says D’Andrea was the city’s human resources director and acted under color of state law in employment decisions involving the plaintiff.

The complaint was filed by Henry A. Seiden of Seiden Law in Boynton Beach on behalf of Occenat. No defense counsel is listed in the complaint.

Occenat claims he began working for the city in or around December 2015 and performed his job satisfactorily. The complaint says he suffered a work-related injury on March 5, 2024, filed a workers’ compensation claim and received benefits.

The filing alleges that on May 7, 2024, Occenat’s supervisor told him to “get your black ass back to work or go back to Haiti.” The next day, according to the complaint, a co-worker said Occenat “needs to go back where he came from.”

Occenat claims he immediately complained to the city about discrimination based on race and national origin. The lawsuit alleges the city and D’Andrea later retaliated against him.

According to the complaint, Occenat was issued a memorandum on June 3, 2024, labeling him “combative” and “insubordinate.” The complaint says he was placed on administrative leave on July 2, 2024, and was later required to undergo a psychological evaluation.

The filing claims that on July 11, 2024, the city and D’Andrea labeled him “temporarily unfit,” despite findings that he posed no risk of violence. Occenat alleges D’Andrea placed him on unpaid leave on July 25, 2024, and required psychiatric treatment at his own expense.

The complaint says Occenat later visited a physician at the clinic where the city had sent him for treatment related to his work injury. According to the filing, the physician found no evidence of a mental health disorder and cleared him to return to work.

Occenat alleges the city and D’Andrea ignored that clearance, refused to reinstate him, placed him on unpaid leave and used his accrued vacation and sick leave without his consent while he remained on administrative leave.

The lawsuit also claims the city conditioned reinstatement and back pay on Occenat releasing claims against the city and its employees. The complaint says he provided notice of claim under Florida law on July 30, 2024, filed a charge with the EEOC and Florida Commission on Human Relations on Jan. 17, 2025, and was terminated on Jan. 28, 2025.

The complaint brings claims under 42 U.S.C. § 1983 for alleged equal protection and due process violations against D’Andrea and the city. It also includes claims against the city for race discrimination, national origin discrimination, retaliation under the Florida Civil Rights Act, workers’ compensation retaliation, coercion and intimidation, and conversion.

Occenat seeks damages in excess of $50,000, along with compensatory damages, attorney’s fees, costs, interest and a jury trial. The allegations have not been proven in court.

The original complaint, Evens Occenat v. City of Delray Beach, Florida, and Duane D’Andrea, Case No. 502026CA004642XXXAMB, as filed April 24, 2026, with the Palm Beach County Clerk of Court, can be viewed here.

Civil cases are filed daily in Palm Beach County courts. Boca Post documents many of those filings in its Boca Raton lawsuits coverage.

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