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`IN THE CIRCUIT COURT OF THE
`11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI DADE COUNTY, FLORIDA
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`CARLOS SANTANA,
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`Plaintiff,
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`vs. Case No.:
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`THE PUBLIC HEALTH TRUST OF
`MIAMI-DADE COUNTY d/b/a
`JACKSON MEMORIAL HOSPITAL
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`Defendant.
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`_____________________________________/
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`COMPLAINT
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`Plaintiff, CARLOS SANTANA (hereinafter “Plaintiff”), by and through the undersigned
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`counsel, hereby sues Defendant, THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY
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`d/b/a JACKSON MEMORIAL HOSPITAL (hereinafter “Defendant”), and in support avers as
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`follows:
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`GENERAL ALLEGATIONS
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`1. This is an action by the Plaintiff for damages exceeding $30,000 excluding attorneys’ fees
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`or costs for damages, declaratory and injunctive relief and damages under the Florida Civil
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`Rights Act of 1992 (FCRA), and Florida Statute Section 760 to redress injury done to
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`Plaintiff by the Defendant for discriminatory treatment on the basis of race, color, national
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`origin, and retaliation. This is an action brought under Chapter 760, Florida Statutes,
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`2. Plaintiff was at all times relevant to this action, and continues to be, a resident of Miami-
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`Dade County, Florida, within the jurisdiction of this Honorable Court.
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`3. Plaintiff was an employee of Defendant, performing the duties of a Senior Enrollment
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`Specialist in Miami, Florida.
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`4. Defendant was a “person” and/or an “employer” pursuant to the Florida Civil Rights Act
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`of 1992, Fla. Stat. Section 760.01, et seq., since it employs fifteen or more employees for
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`the applicable statutory period; and it is subject to the employment discrimination
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`provisions of the applicable statute, the FCRA.
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`5. Defendant is a “person” within the purview of the Florida Civil Rights Act of 1992, Fla.
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`Stat. Section 760.01, et seq.
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`6. At all times material hereto Defendant was an “employer” within the meaning of the
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`Florida Civil Rights Act of 1992, Fla Stat. Section 760.01, et seq..
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`7. At all times material hereto, Plaintiff was an “employee” within the meaning of the Florida
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`Civil Rights Act of 1992, Fla Stat. Section 760 , et seq..
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`8. Venue is proper in Venue is proper in Miami-Dade County because all of the actions that
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`form the basis of this Complaint occurred within Miami-Dade County and payment was
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`due in Miami-Dade County.
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`9. Plaintiff is a White, Hispanic, male individual of Cuban national origin and is a member
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`of a class of persons protected from discrimination in his employment under the Florida
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`Civil Rights Act of 1992 (FCRA), Florida Statute Section 760.
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`10. Plaintiff previously filed a timely charge of employment discrimination with the Equal
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`Employment Opportunity Commission, the agency which is responsible for investigating
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`claims of employment discrimination.
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`11. On December 3, 2019, the EEOC issued a “Notice of Right to Sue” notice to Plaintiff and
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`suit was instituted timely.
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`12. All conditions precedent for the filing of this action before this Court has been previously
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`met, including the exhaustion of all pertinent administrative procedures and remedies.
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`FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
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`13. Plaintiff was employed by Defendant from on or about September 8, 2008, until on or
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`about October 18, 2019.
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`14. Throughout his employment with Defendant, Plaintiff performed the essential functions
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`of his job duties and responsibilities, and at all relevant times, performed his job at
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`satisfactory or above satisfactory levels.
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`15. During his employment, Plaintiff was subjected to derogatory comments and negative
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`treatment based on his race, Hispanic, and national origin of Cuba.
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`16. Throughout the duration of his employment with Defendant, Plaintiff was subjected to
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`discriminatory treatment, primarily by three (3) managers and/or supervisors: Angelique
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`Williams (Black, African American), Sheryl LaFranse (Black, African American), and
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`Dorothy Martin (Black, African American).
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`17. On or about 2013, Plaintiff, along with other co-workers filed EEOC complaints against
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`Defendant and its managers, agents, and representatives for maintaining and failing to
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`address a racially discriminatory, hostile work environment.
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`18. Following Plaintiff’s involvement with the EEOC complaint, Defendant caused Plaintiff’s
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`working conditions to become unconscionably unsafe and unsanitary by permitting or
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`Plaintiff’s work environment to become rife with health hazards, including, but not limited
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`to, cockroaches, lizards, cockroach feces and rat feces found on his desk, and exposed
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`electrical wires.
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`19. Plaintiff believes that his working conditions were allowed to deteriorate to the level stated
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`above because Defendant, through its managers, agents, and representatives, were
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`retaliating against him for his involvement with filing the EEOC complaint against them.
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`20. In 2017, Plaintiff made a request for leave to one of his supervisors, Angelique Williams,
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`so he could handle some personal, family matters. Despite having accumulated over 150
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`hours of vacation time to satisfy his leave request, Williams denied Plaintiff’s request for
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`leave, threw his request form at him, punched Plaintiff in the upper shoulder, and then
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`proceeded to ask Plaintiff a flurry of inappropriate, personal questions.
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`21. Plaintiff believes that his request for leave would not have been denied, nor would he have
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`been subjected to such inappropriate treatment but for his race and involvement in filing
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`an EEOC charge against Defendant. Upon information and belief, Black, African
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`American employees did not face nearly as harsh resistance when requesting leave from
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`Angelique Williams or other managers and/or supervisors.
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`22. On or about late July 2018, while Plaintiff was taking his lunch break, Angelique Williams
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`made a discriminatory comment in the presence of and loud enough to be heard by
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`Plaintiff and other Hispanic and non-Hispanic employees, stating “the Spanish speaking
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`employees are the slowest and laziest employees.”
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`23. On another occasion, Angelique Williams falsely accused Plaintiff, saying he did not
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`accomplish his work tasks. Following Williams’ accusation, Plaintiff became extremely
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`stressed to the point of needing to be rushed to the emergency room where he was
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`diagnosed with high blood pressure and suffered a permanent red eye as a result of the
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`stress to which his supervisor subjected him.
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`24. Plaintiff had to endure constant backlash, predicated on race-based animus, from
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`Angelique Williams, which affected him both personally and professionally. Notably,
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`Plaintiff became a target for vulgar comments in-person and over email, verbal and
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`physical harassment, and negative performance evaluations that were not reflective of the
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`quality of his work.
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`25. On multiple occasions, another of Plaintiff’s supervisors, Sheryl LaFranse, would call
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`Plaintiff by the wrong name, and every time Plaintiff would correct her mistake, LaFranse
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`would reply, “all of you Hispanics look the same to me.”
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`26. Another of Plaintiff’s supervisors, Dorothy Martin, on one occasion, asked Plaintiff to
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`come see them. Plaintiff was in the middle of doing another task, so he told Martin to give
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`him two (2) minutes so he could finish what he was doing. Martin responding by saying,
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`“oh, okay, we will call you the two (2) minute man, now.”
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`27. Plaintiff has consistently raised concerns and brought complaints to Human Resources
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`regarding the unfair treatment he was experiencing at the hands of his managers and/or
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`supervisors; however, nothing was done to address and abate the misconduct.
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`28. Plaintiff believes that several other Hispanic co-workers have left his work site and
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`stopped working for Defendant because Defendant has permitted and/or not meaningfully
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`addressed the persistent racially discriminatory treatment being perpetuated by its Black,
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`African American managers and/or supervisors, creating a hostile work environment for
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`Hispanic employees.
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`29. Due to the discriminatory treatment endured by Plaintiff at the hands of his supervisors,
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`Plaintiff has been diagnosed with severe depression, for which he had to take four (4)
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`months of FMLA leave between on or about December 2018 until on or about April 2019.
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`30. On or about October 18, 2019, Plaintiff had his employment with Defendant terminated
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`in retaliation for raising complaints regarding his discriminatory treatment by Defendant’s
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`agents and representatives, and any other reason is a mere pretext.
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`31. Plaintiff has retained the undersigned counsel in order that his rights and interests may be
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`protected and thus has become obligated to pay the undersigned a reasonable attorney’s
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`fee.
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`COUNT I.
`DISCRIMINATION BASED ON RACE IN VIOLATION OF THE FLORIDA CIVIL
`RIGHTS ACT
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`32. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-31 of this
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`complaint as if set out in full herein.
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`33. At all times material hereto, Defendant failed to comply with the Florida Civil Rights Act
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`of 1992 Florida Statues Section 760.10 which in its relevant section states it is an unlawful
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`employment practice for an employer to discriminate or discharge or otherwise to
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`discriminate against any individual with respect to compensation, terms, conditions, or
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`privileges of employment, because of such individuals race, color, or national origin.
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`34. The applicable statute, FCRA, prohibits an employer from making employment decisions,
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`or from taking any personnel action, affecting the terms, conditions and privileges of one’s
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`employment, based upon race considerations or reasons.
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`35. The Plaintiff is a White, Hispanic, male individual of Cuban national origin and he
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`possessed the requisite qualifications and skills to perform his position with Defendant.
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`36. The Plaintiff was subjected to disparate treatment in the workplace, in that similarly
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`situated, non-Hispanic employees were allowed better work opportunities by not being
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`subjected to a hostile work environment rife with unsafe and unsanitary conditions,
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`discriminatory treatment, and racial epithets.
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`37. As a direct and proximate result of the Defendant unlawful acts, Plaintiff has suffered
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`great and irreparable economic harm and other associated losses such as emotional
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`distress, humiliation, embarrassment, and economic losses.
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`38. Moreover, as a further result of the Defendant unlawful race-based discriminatory
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`conduct, the Plaintiff has been compelled to file this action and he has incurred the costs
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`of litigation.
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`39. Plaintiff was qualified for his position with Defendant.
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`40. Defendant violated the Florida Civil Rights Act of 1992 (FCRA) by discriminating against
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`Plaintiff because of his race in the terms, conditions, and privileges of employment.
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`41. Defendant retaliated against Plaintiff after complaints of race discrimination and failed to
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`address complaints of discrimination.
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`42. The Defendant’s actions were malicious and were recklessly indifferent to the Plaintiff’s
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`rights pursuant to Florida Statute Section 760, protecting a person from discrimination
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`because of race and national origin.
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`43. The aforementioned actions of Defendant were done wantonly, willfully, maliciously, and
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`with reckless disregard of the consequences of such actions.
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`WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
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`judgment against the Defendant; find that the Defendant indeed violated the FRCA, and in
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`addition, order the following additional relief:
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`A. Declare that the acts complained of herein are in violation of the Florida Civil
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`Rights Act;
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`B. Award PLAINTIFF compensatory damages for emotional distress, embarrassment
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`and humiliation;
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`C. Grant a permanent injunction enjoining the DEFENDANT, its officers, successors,
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`assigns, and all persons in active concert or participation with it, from engaging in
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`any employment practice which discriminates on the basis of race;
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`D. Reinstate PLAINTIFF to the same position he held before the retaliatory personnel
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`action, or to an equivalent position;
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`E. Reinstate full fringe benefits and seniority rights to PLAINTIFF;
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`F. Order DEFENDANT to make PLAINTIFF whole, by compensating PLAINTIFF
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`for lost wages, benefits, including front pay, back pay with prejudgment interest;
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`G. For a money judgment representing prejudgment interest;
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`H. Grant PLAINTIFF’s costs of this action, including reasonable attorney’s fees;
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`I. Grant PLAINTIFF a trial by jury;
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`J. Grant such other and further relief as the Court deems just and proper.
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`COUNT II.
`DISCRIMINATION BASED ON NATIONAL ORIGIN IN VIOLATION OF THE
`FLORIDA CIVIL RIGHTS ACT
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`44. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-31 of this
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`complaint as if set out in full herein.
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`45. At all times material hereto, Defendant failed to comply with the Florida Civil Rights Act
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`(FCRA) of 1992 Florida Statues Section 760.10 which in its relevant section states it is an
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`unlawful employment practice for an employer to discriminate or discharge or otherwise
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`to discriminate against any individual with respect to compensation, terms, conditions, or
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`privileges of employment, because of such individuals race, color, or national origin.
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`46. The applicable statute, FCRA, prohibits an employer from making employment decisions,
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`or from taking any personnel action, affecting the terms, conditions and privileges of one’s
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`employment, based upon race considerations or reasons.
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`47. The Plaintiff is a White, Hispanic, male individual of Cuban national origin and he
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`possessed the requisite qualifications and skills to perform her position with Defendant.
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`48. The Plaintiff was subjected to disparate treatment in the workplace, in that similarly
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`situated, non-Hispanic employees were allowed better work opportunities by not being
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`subjected to a hostile work environment rife with unsafe and unsanitary conditions,
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`discriminatory treatment, and racial epithets.
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`49. The Plaintiff was terminated as a result of his national origin and the reasons given by
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`Defendant, if any, for Plaintiff’s termination are mere pretext for illegal discrimination.
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`50. As a direct and proximate result of the Defendant unlawful acts, Plaintiff has suffered
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`great and irreparable economic harm and other associated losses such as emotional
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`distress, humiliation, embarrassment, and economic losses.
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`51. Moreover, as a further result of the Defendant unlawful national origin-based
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`discriminatory conduct, the Plaintiff has been compelled to file this action and he has
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`incurred the costs of litigation.
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`52. Plaintiff was qualified for his position with Defendant.
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`53. Defendant violated the Florida Civil Rights Act of 1992 (FCRA) by discriminating against
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`Plaintiff because of his national origin in the terms, conditions, and privileges of
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`employment.
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`54. Defendant retaliated against Plaintiff after complaints of national origin discrimination
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`and failed to address complaints of discrimination.
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`55. The Defendant’s actions were malicious and were recklessly indifferent to the Plaintiff’s
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`rights pursuant to Florida Statute Section 760, protecting a person from discrimination
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`because of race and national origin.
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`56. The aforementioned actions of Defendant were done wantonly, willfully, maliciously, and
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`with reckless disregard of the consequences of such actions.
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`WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
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`judgment against the Defendant; find that the Defendant indeed violated the FRCA, and in
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`addition, order the following additional relief:
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`A. Declare that the acts complained of herein are in violation of the Florida Civil
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`Rights Act;
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`B. Award PLAINTIFF compensatory damages for emotional distress, embarrassment
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`and humiliation;
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`C. Grant a permanent injunction enjoining the DEFENDANT, its officers, successors,
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`assigns, and all persons in active concert or participation with it, from engaging in
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`any employment practice which discriminates;
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`D. Reinstate PLAINTIFF to the same position he held before the retaliatory personnel
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`action, or to an equivalent position;
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`E. Reinstate full fringe benefits and seniority rights to PLAINTIFF;
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`F. Order DEFENDANT to make PLAINTIFF whole, by compensating PLAINTIFF
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`for lost wages, benefits, including front pay, back pay with prejudgment interest;
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`G. For a money judgment representing prejudgment interest;
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`H. Grant PLAINTIFF’s costs of this action, including reasonable attorney’s fees;
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`I. Grant PLAINTIFF a trial by jury;
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`J. Grant such other and further relief as the Court deems just and proper.
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`COUNT III
`RETALIATION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT
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`57. Paragraphs 1-31 are hereby realleged and reincorporated as if set forth in full herein.
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`58. Defendant is an employer as that term is used under the applicable statutes referenced
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`above.
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`59. The foregoing allegations establish a cause of action for unlawful retaliation after Plaintiff
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`reported unlawful employment practices adversely affecting him under Chapter 760,
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`Florida Statutes.
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`60. The foregoing unlawful actions by Defendant were purposeful.
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`61. Plaintiff voiced opposition to unlawful employment practices during his employment with
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`Defendant and he was the victim of retaliation thereafter, as related in part above.
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`62. Plaintiff is a member of a protected class because he reported unlawful employment
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`practices and was the victim of retaliation thereafter. There is thus a causal connection
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`between the reporting of the unlawful employment practices and the adverse employment
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`action taken thereafter.
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`63. As a direct and proximate result of the foregoing unlawful acts and omissions, Plaintiff
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`has suffered mental anguish, emotional distress, expense, loss of benefits, embarrassment,
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`humiliation, damage to reputation, illness, lost wages, loss of capacity for the enjoyment
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`of life, and other tangible and intangible damages.
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`64. These damages are continuing and are permanent.
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`WHEREFORE, the PLAINTIFF prays that this Court will;
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`A. Declare that the acts complained of herein are in violation of the Florida Civil
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`Rights Act;
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`B. Award PLAINTIFF compensatory damages for emotional distress, embarrassment
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`and humiliation;
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`C. Grant a permanent injunction enjoining the DEFENDANT, its officers, successors,
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`assigns, and all persons in active concert or participation with it, from engaging in
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`any employment practice which discriminates on the basis of race and/or national
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`origin and/or gender and/or pregnancy;
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`D. Reinstate PLAINTIFF to the same position he held before the retaliatory personnel
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`action, or to an equivalent position;
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`E. Reinstate full fringe benefits and seniority rights to PLAINTIFF;
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`F. Order DEFENDANT to make PLAINTIFF whole, by compensating PLAINTIFF
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`for lost wages, benefits, including front pay, back pay with prejudgment interest;
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`G. For a money judgment representing prejudgment interest;
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`H. Grant PLAINTIFF’s costs of this action, including reasonable attorney’s fees;
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`I. Grant PLAINTIFF a trial by jury;
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`J. Grant such other and further relief as the Court deems just and proper.
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`Plaintiff demands trial by jury of all issues triable as of right by jury.
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`JURY DEMAND
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`Dated: December 13, 2021____________
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` Respectfully submitted,
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`/s/ Peter M. Hoogerwoerd, Esq.
`Peter M. Hoogerwoerd, Esq.
`Fla. Bar No.: 0188239
`pmh@rgpattorneys.com
`Corey L. Seldin, Esq.
`Fla. Bar No.: 1026565
`cseldin@rgpattorneys.com
`Remer & Georges-Pierre, PLLC
`Attorneys for Plaintiff
`Courthouse Tower
`44 West Flagler Street
`Suite 2200
`Miami, Florida 33130
`Telephone: (305) 416-5000
`Facsimile: (305) 416-5005
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