Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 1 of 11 PageID 1
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`UNITED STATES DISTRICT COURT FOR THE
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
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`Case No.: 21-cv-1855
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`WILLIAM JACKSON,
`Plaintiff
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`v.
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`BayCare Health Systems, Inc.,
`Defendant.
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`COMPLAINT AND DEMAND FOR JURY TRIAL
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`COMES NOW, Plaintiff, WILLIAM JACKSON hereinafter by and
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`through the undersigned counsel and sues BayCare Health Systems, Inc., and
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`states as follows:
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`JURISDICTION AND VENUE
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`1.
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`Jurisdiction is invoked pursuant to 29 U.S.C §1331, 42 U.S.C. § 1981 and
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`under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.
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`2.
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`Venue lies pursuant to 28 U.S.C. §1391(b), as Plaintiff’s claims arise out
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`of his employment relationship with the Defendant, in that a substantial part
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`of the events or motions giving rise to the claim occurred in this district which
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`is located in the United States District Court for the Middle District of Florida,
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`Tampa Division.
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`Page 1 of 11
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`UNITED STATES DISTRICT COURT FOR THE
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`
`
`
`
`
`
`
`Case No.: 21-cv-1855
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`
`
`
`
`
`WILLIAM JACKSON,
`Plaintiff
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`
`
`
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`
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`
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`
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`
`
`v.
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`
`
`
`
`
`BayCare Health Systems, Inc.,
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`COMPLAINT AND DEMAND FOR JURY TRIAL
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`COMES NOW, Plaintiff, WILLIAM JACKSON hereinafter by and
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`
`
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`through the undersigned counsel and sues BayCare Health Systems, Inc., and
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`states as follows:
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`
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`
`
`
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`JURISDICTION AND VENUE
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`1.
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`Jurisdiction is invoked pursuant to 29 U.S.C §1331, 42 U.S.C. § 1981 and
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`under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.
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`2.
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`Venue lies pursuant to 28 U.S.C. §1391(b), as Plaintiff’s claims arise out
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`of his employment relationship with the Defendant, in that a substantial part
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`of the events or motions giving rise to the claim occurred in this district which
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`is located in the United States District Court for the Middle District of Florida,
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`Tampa Division.
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`Page 1 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 2 of 11 PageID 2
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` PARTIES
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`1.
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`Plaintiff, William Jackson, (“Plaintiff”) resides in Saint Petersburg,
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`Pinellas County, Florida while employed with the Defendant. Plaintiff
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`continues to reside in Pinellas County.
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`2.
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`BayCare Health Systems, Inc., (“BayCare”), Defendant, is a not-for-
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`profit corporation, and at all relevant times conducting business in the State of
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`Florida, with a physical address of 2985 Drew Street, Clearwater, Florida
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`33579.
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`GENERAL ALLEGATIONS
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`3. At all times material, Defendant acted with malice and reckless
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`disregard for Plaintiff’s federal and state protected rights.
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`4. At all times material, the Plaintiff was qualified to perform his job duties
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`within the expectations of his employer.
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`5.
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`Plaintiff has retained the undersigned counsel to represent his in this
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`action and is obligated to pay them a reasonable fee for their services.
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`EXHAUSTION OF ADMINISTRATIVE REMEDIES
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`6.
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`Plaintiff made a charge of discrimination with the Equal Employment
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`and Opportunity Commission (“EEOC”) and the Florida Commission on
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`Human Relations on (“FCHR”) on April 8, 2020, (see Exhibit A).
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`Page 2 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 3 of 11 PageID 3
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`7. On May 4, 2021, EEOC issued a dismissal and Notice of Rights. A copy
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`of the Dismissal and Notice of Rights is attached. (see Exhibit B). This
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`Complaint has been filed within ninety (90) days of the receipt of the
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`Dismissal and Notice of Rights; therefore, has met all conditions precedent to
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`filing this Complaint.
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`8.
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`Plaintiff has satisfied all conditions precedent, therefore jurisdiction
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`over this claim is appropriate pursuant to Chapter 760, Florida Statues, because
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`more than one-hundred and eight (180) days have passed since the filing of
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`this Charge.
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`FACTUAL ALLEGATIONS
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`9. Mr. William Jackson, an African American, was hired by BayCare on
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`January 4, 2016. Plaintiff was assigned to St. Anthony’s Hospital. He was
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`initially employed as a Transporter II.
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`10. BayCare is a not-for-profit corporation, incorporated in the state of
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`Florida providing health care at fifteen (15) hospitals and other specialty
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`clinics in the central Florida area. BayCare employs over 10,000 employees.
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`11. By 2018, Plaintiff was employed as a Radiology Technology Assistant
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`(“Tech”) at St. Anthony’s.
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`Page 3 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 4 of 11 PageID 4
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`12. The immediate supervisors of the Plaintiff were Rebecca Cunningham
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`(“Cunningham”) Heather Rutkowksi (“Rutkowski”), and Brandy Atkins
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`(“Atkins”). Cunningham, Rutkowski and Atkins, are Caucasian.
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`Cunningham and Rutkowski were inserted in their supervisory positions on
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`around September and October 2018, while Atkins became the Plaintiff’s
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`supervisor in August 2019.
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`13.
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`In the position as a Tech, Plaintiff was tasked with transporting patients
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`to different areas of the hospital after he was received assignments via an
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`electronic system known as Tele-tracking. Tele-tracking utilized electronic
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`notifications via an iPod device.
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`14.
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` In mid-2019, Plaintiff voluntarily assumed overtime hours in his
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`department as a Transporter. The overtime hours consisted of duties similar
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`to duties he was assigned during his normal work hours.
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`15. The duties of a Transporter entailed retrieving and cleaning stretchers in
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`the hospital, transporting patients to various locations in the hospital, transfer
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`patients from wheelchairs to medical scanning equipment, assist with
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`transporting patients, upon discharge from their room to their personal
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`vehicles.
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`Page 4 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 5 of 11 PageID 5
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`16. Plaintiff, while working in the position of a Tech or a Transporter was
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`required to account for his work hours and work assignments via the Tele-
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`tracking system using the iPod. The iPod’s sole means of electronic
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`notification of assignments to the user was via the hospital wi-fi system.
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`17. Plaintiff signed in and out on the iPod as required.
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`18. The iPod also received and forwarded assignments to the Plaintiff in his
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`role as a Tech and a Transporter.
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`19. The iPod historically encountered connectivity issues with the hospital
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`wi-fi and failed to send timely notifications of assignments or capture
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`information input into the device.
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`20. The issues regarding the inability to sign into the system, receive timely
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`work assignments, and input information were verbally reported directly to
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`supervisors Cunningham and Rutkowski in January 2019.
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`21. Because of the ongoing connectivity issues, the iPods in Plaintiff’s
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`department were replaced for some employees with mobile phones. The
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`devices were replaced in and around February 2019.
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`22. Plaintiff’s iPod was not replaced; he continued to use the
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`malfunctioning iPod device.
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`Page 5 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 6 of 11 PageID 6
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`23.
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`In April 2019, Plaintiff and another co-worker, who was experiencing
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`similar connectivity issues again notified supervisors, Rutkowski and
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`Cunningham of continued issues regarding lack of continuous connection to
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`the hospital wi-fi with the iPod devices. Rutkowski, even after the complaint
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`about the failure of the devices to accurately capture work hours and timely
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`send work assignments, failed to repair or replace the devices.
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`24. Because of the refusal of Rutkowksi and Cunningham to address the
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`issue, Plaintiff and another co-worker presented their devices to the Technical
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`Support department to repair the devices. Plaintiff and the co-worker were
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`informed protocol required the supervisor to issue and follow through with
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`the repair of the devices rather than the worker themselves.
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`25. Plaintiff continued to work his normal shifts and overtime shifts
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`utilizing the defective iPods. He continued to report the issues concerning
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`poor connectivity and lack of timely notification to his direct supervisors.
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`26. On or around December 4, 2019, Plaintiff was summoned to a meeting
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`with Rutkowksi and Cunningham. During this meeting, he was immediately
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`suspended from his job duties by the supervisors.
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`27. Plaintiff was initially informed his suspension was due to the following:
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`working unauthorized overtime hours in mid-2019 and unaccounted time
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`Page 6 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 7 of 11 PageID 7
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`regarding the iPod timekeeping system. None of these issues were ever
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`previously addressed with the Plaintiff prior to the date of suspension.
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`28. On December 11, 2019, Plaintiff was involuntarily terminated from his
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`employment with BayCare alleging Time and Attendance violations, which
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`were completely different reason(s) for his suspension.
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`29. While employed with BayCare, Plaintiff incurred unfavorable treatment
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`and comments by both Rutkowski and Cunningham.
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`30. Rutkowski’s demeanor towards Plaintiff and African American workers
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`was vastly different than her demeanor towards Caucasian employees.
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`Rutkowski presented as warm, friendly and engaging in interactions with
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`fellow similarly situated Caucasian BayCare employees, however the
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`demeanor of Rutkowski with Plaintiff and the African American workers
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`presented as cold and curt.
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`31. Cunningham often made statements towards Plaintiff and other African
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`American workers alleging poor work ethic, false reporting and theft.
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`Cunningham was heard saying, “All of them are lazy and she knows they will
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`steal.”
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`32. Plaintiff and other African Americans were closely monitored during
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`the workday and were required to find tasks during their “downtime,” while
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`Page 7 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 8 of 11 PageID 8
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`Caucasian employees during “downtime” used their time for personal
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`interest: studying personal homework assignments, not related to work
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`duties, surfing the internet, and blatantly sleeping.
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`33. Rutkowski, Cunningham, and Atkins were aware of the obvious and
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`consistent time violations of the Caucasian employees, those employees were
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`never disciplined or terminated.
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`34. Cunningham, Rutkowksi and Atkins, treated Caucasian employees who
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`engaged in theft of company time differently than the Plaintiff.
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`35. Plaintiff was replaced by a Caucasian employee.
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`COUNT I
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`TITLE VII – RACE DISCRIMINATION
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`36. Plaintiff repeats and alleges the allegations set forth in paragraphs 1
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`through 35 above as if set forth in full herein.
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`37. Plaintiff is a member of a protected class under Title VII of the Civil
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`Rights Act of 1964, 42 U.S.C. §2000e, et seq. (“Title VII”).
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`38. Plaintiff was an employee, and the Defendant was his employer covered
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`by and within the meaning of Title VII.
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`39. As Plaintiff’s employer, Defendants had a duty to refrain from
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`discrimination against the Plaintiff on the basis of race.
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`Page 8 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 9 of 11 PageID 9
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`40. Defendant by the conduct mentioned above engaged in unlawful
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`practices and discriminated against the Plaintiff because of his race.
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`41. Defendant’s disparate treatment, retaliation, and subsequent
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`termination as described above, were based on his race.
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`42. Defendant treated employees Caucasian employees more favorably than
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`Plaintiff in the terms, conditions and or/benefits of employment.
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`43. The actions of the Defendant were intentional and in deliberate
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`disregard of the rights of the Plaintiff.
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`44. As a direct and proximate result of Defendant’s unlawful
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`discrimination, Plaintiff has suffered and continues to suffer damages
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`including but not limited to mental anguish, physical and emotional distress,
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`loss of income and benefits.
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`COUNT II
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`RACE DISCRIMINATION - 42 U.S.C. §1981
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`45. Plaintiff repeats and realleges the allegations as set forth in paragraphs 1
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`through 35 above as if set forth herein.
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`46. Plaintiff is a member of a protected class under 42 U.S.C. §1981.
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`Page 9 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 10 of 11 PageID 10
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`47. By the conduct described above, the Defendant, a private employer,
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`engaged in unlawful employment practices and discriminated against the
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`Plaintiff because of his race.
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`48. Plaintiff and Defendant were parties to an employment agreement
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`under which Plaintiff worked for the Defendant and Plaintiff was
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`compensated.
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`49. Plaintiff performed his contractual obligations.
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`50. Defendant violated Plaintiff’s rights under 42 U.S.C. §1981 by
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`disciplining and terminating his employment because of race.
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`51. The actions of the Defendant were intentional and deliberate.
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`52. The actions of the Defendant were motivated by race-based
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`considerations.
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`53. As a direct and proximate result of the discriminatory actions of the
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`Defendant, Plaintiff suffered and continues to suffer mental anguish, physical
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`and emotional distress, loss of income and benefits.
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`RELIEF REQUESTED
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`Page 10 of 11
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`Case 8:21-cv-01855 Document 1 Filed 08/02/21 Page 11 of 11 PageID 11
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`1. WHEREFORE, for the foregoing reasons, the Plaintiff respectfully
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`requests that this Court enter judgment in his favor and against the Defendant
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`on each of his respective claims, and:
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`a. Award the Plaintiff back pay and benefits;
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`b.
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`c.
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`d.
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`e.
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`f.
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`Prejudgment interest on back pay and benefits;
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`Front pay and benefits;
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`Compensatory damages for mental anguish, emotional pain and
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`suffering, inconvenience, loss of enjoyment of life and humiliation;
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`Punitive damages;
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`Attorneys’ fees and costs;
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`g. Award Plaintiff all other relief as the Court deems appropriate.
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`Date: August 2, 2021
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`.
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`By: /s/Octavia Brown
`Octavia Brown, Esq.,
` Florida Bar Number: 0011778
` Octavia.brown@community-lawyer.com
` Valentina Villalobos, Esq.
` Florida Bar Number:100426
` Valentina.villalobos@community-lawyer.com
` Community Law, PLLC
` 3104 N. Armenia Avenue, STE 2
` Tampa, Florida 33607
` PH: (813) 822-3522
` FAX: (863) 250-8228
`Trial Attorneys for Plaintiff
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`Page 11 of 11
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