ORANGE COUNTY, Fla. – A lawsuit filed Tuesday accuses Orange-Osceola State Attorney Andrew Bain of violating the Family and Medical Leave Act by firing the office’s chief of staff while she was on maternity leave.
Keisha Mulfort began working as the office’s chief of staff and director of Public Affairs in January 2021 under former State Attorney Monique Worrell. Florida Gov. Ron DeSantis suspended Worrell on Aug. 9, 2023, installing Bain while accusing Worrell of habitually avoiding issuing minimum mandatory sentences, allowing juvenile offenders to avoid incarceration and avoiding valid or applicable sentencing enhancements, among other claims.
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Though Worrell has since sought reinstatement by the Florida Supreme Court — her attorneys arguing DeSantis’ suspension was an “arbitrary, unsubstantiated exercise of the suspension power” — six of the seven Justices upheld the decision earlier this month, ruling it was reasonable based on DeSantis’ allegations. The winner of the August Republican primary will face Worrell and Bain in the November general election for Orange-Osceola state attorney.
According to Mulfort’s lawsuit, her maternity leave under the FMLA began May 30, 2023 — the day she gave birth — and was expected to last until Aug. 24, 2023. Bain was not only aware of Mulfort’s pregnancy but had even attended her baby shower and had discussions with Mulfort about her upcoming maternity leave while he was still serving as a judge for Orange County, the lawsuit states.
Mulfort received a call on the day of Worrell’s suspension from the personal cellphone of the office’s Human Resources director, the lawsuit states. Newly appointed Chief Assistant Ryan Williams was reportedly on the other end asking Mulfort to provide access to the office’s Facebook page. During the call, Mulfort repeatedly questioned Williams over whether he was asking her to do work-related activities while she was on FMLA, according to the lawsuit.
“I told Ryan that the social media passwords had been changed while I was out on FMLA,” Mulfort told News 6.
Mulfort said she contacted an attorney who advised her he would communicate with the office’s general council and with Williams.
“He said he called Ryan Williams’ cellphone and no one responded,” Mulford said.
On Aug. 10, 2023, the day after Worrell’s suspension, Mulfort was still at home nursing her daughter when she said armed deputies showed up at her door to retrieve social media passwords, repossess all state property, and leave her with correspondence stating she had been terminated the day before.
A spokesperson for the state attorney’s office told News 6 that “attempts to communicate with (Mulfort) to notify her of her separation were unsuccessful,” claiming the in-person visit was necessary.
The lawsuit — which also addresses alleged violations of the Florida Civil Rights Act via discrimination based on sex and handicap — demands a jury trial to enter judgment on whether Bain not only violated the FMLA and FCRA by firing Mulfort, but also on whether he acted in retaliation for her questioning why she was being asked to perform work-related duties while on maternity leave.
Further, Mulfort seeks an injunction restraining the continued alleged FMLA violation by Bain, reinstatement to a position comparable to her prior job with back pay plus interest, damages in the form of compensation for lost wages, benefits, and other remuneration with prejudgment interest and attorney’s fees covered.
Bain’s summons gives him 60 days to serve an answer to the complaint.
We take compliance with state and federal employment laws very seriously and are prepared to vigorously defend the claims asserted as non-actionable.
Statement received Thursday morning from the office of Andrew A. Bain, State Attorney, Ninth Judicial Circuit
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