04 "60856
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CIV.ALTONAGA

U.S. EQUAl, EMPI,OYMENT COMMissION,
Plaintiff,

~tt ~., JUN 3

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~4~/

DTG OPERATIONS, INC.

)t

INC. d/b/a I)()I,I,AR RENT A CAR,

Defendant.

"~’S
COM PI.AI NT JURY TRIAl, DEMANDED INJUNCTIVE REI,IEF SOUGHT

NATURE OF THE ACTION "rhis is an action under Title VII of the Civil Rights Act of 1964, as amended ("Title Vll"), and Title I ofthc Civil Rights Act of 1991 to correct unlawful employment pracliccs on the basis of sex and retaliation, and to provide appropriate relief to Jcssica Varcla who was adversely affected ¯ by such practices. As stated witl~ greater particularity in paragraph 7, the Commission alleges that Ms. Va~cla was subjected to scXttal harassment by a n~allagctllent official of the I)cfclld;.|nt coq~oralion. The Uommission titrther alleges that l)cfcndant subsequently retaliated against Ms. Varcl:l tbr c~mq~laiifiug or the tmlawful scxttal h:|rassllletlt by termit~ating her Ctul~loyment.
JURISDICTION AND VENUE I. Juristlicti(m of this (’ourl is invoked pursua1~t to 28 II.S.(’. §§ 451, 1331, 1337, 1343 arm 1345. This acli(m is authorized and inMitulcd l}ursu:mt to Ncctitm 7()6(r)(i);.ttld (3)or Title VII of the (’ivil Righls Act of 1964, as amet}ded, 42 |1..%.(’. ~ 2000c-5(r)11) and (3) {"litlc

VII"), and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were committed within the
jurisdiction of the Untied States District Court for the Southern District of Florida, Ft. Lauderdale Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(I) and (3) of Title Vll, 42 I,I.S.C. § 2000c-511)(I ~ and (3). 4. At all relevant times, DTG Operations, Inc. d/b/a Dollar Rent a Car, an Oklahoma corporation, has continuously been doing business in the State of Florida and the City of Ft. Laudcrdale, and has continuously had at least 15 employees. 5. At all relevant times DTG Operations, Inc. d/b/a Dollar Rent A Car has continuously bccn a~ employer engaged in an industry affecting commerce within the meaning o fScctions 701 (b), (g) and (h) of Titlc VII, 42 U.S.C. §§2001)c{b), (g) and (h).
STATEMI_!NI" O1: CLAIMS More than thirty days prior to the institution of this la~vsuit, Jcssica Varcla iilcd a charge with the (’ommission alleging violations of Titlc VII by the I)cfcndant. All comlitions prccctlct’t! to the institution of this lawsuit have bccn fidfillcd. 7. Sint:c at Icasl Scptctnbcr 2002, l)cfcntlant ]!mpl~ycr engaged in unlawf’ul employment prowl ices al ils I"t. I .audcrdalc, Florida location in violat ion o f Sccllot) 71)3(a) and Section 704(a) o f Title VII, 42 [ I.S.C. §2()O()c-2(a) arid §20()0c-3(a).

a. Jessica Varcla was subjected to sexual harassment by her direct supervisor in the form of unwelcome physical and verbal conduct of a sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment.
b. Defendant retaliated against Jessica Varcla for complaining ofthe unlawful sexual harassmcnt by discharging hcr from her position.
8. The effect ofthe conduct complained ofin paragraph 7 above has been to deprive Jessica Varcla of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful cmploymcnt practices.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
1 0. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indiffcrcncc to the fcdcrally protected rights ofJcssica Varcla.
I’RAYER FOR RELIEF Whcrclbrc, the Commission rcspcctfidly requests that this (’ourt: A. ( ;rant a pcmmncnt injunction enjoining l)ct~ndanl, its ofticcrs, successors, assigns, and all persons in ~tctivc concc~ or participation with I)cl~lltla~t, I~’om engaging in sexual hmassmctat t~v’ any other employment practice xvhich tlisciivmi~atcs on the b~sis ~)1’ sex illltl/t~r opposilion to an tmlawlid employment praclicc. IT. ()rtlcr l~cl~wdanl, to inslitutc aml carry out pcdicics, practices, aml programs which

provide equal employment opportunities for females, and which eradicate the effects of its past unlawful employment practices.
C. Order Defendant to make whole Jcssica Varela by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefneccssary to eradicate the cffccts of its unlawful employment praclices, including but not limited to reinstatement and/or front pay.
D. Order Defendant to make whole Jcssica Varela by providing compensation for past and fiiturc pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses in amounts to be dclcrmincd at trial.
E. Order Defendant to make whole Jessica Varcla by providing compensation for past and fitturc nonpccuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, humiliation, and loss o fcnjoymcnt o fli re, in amounts to be determined at trial.
F. Order Defendant to pay Jcssica Varcla punitive damages for its malicious and reckless conduc! described in paragraph 7 above, in amounts to be dctem~ined at trial.
(;rant such further relief as the Court tlccms necessary and proper in the puhlic itttcrcst.
It. Award thc (’ommmsion its costs of this action. JURY TRIAl, DEMAND
lhc (’om)nis.~ion)cqucsts a jury trial on all questions of fact rinsed by its conq)lainl. Rc.~pcct fully Subn)ittcd, liRl(" S. [)RII’,’I:IAN[:) (~cncral

JAMES L. LEE Deputy Gcneral Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL /~pcrvisory Trial Attorney
/,/~l’ria I Attor’~y" Florida Bar. No. 532231 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Bisca~c Towcr 2 South Bisca~c Boulevard Suite 2700 Miami, Florida 3313 I Phone: (305) 530-6012 Fax: (305) 536-4494

JS 44
CIVIL COVER SHEET

The JS -44 c~l cover sheet ~ ~ ,nformat~o~ contmned ~rein n~ repine ~ sup~e~ the ~h~ ~ se~ ~ ~ ~ o~ by law. except as prow~ by I~ ~s of c~d. Th~s f~, ~rov~ b’y ~e Jud~e~e of the Und~ S~I~ ~n ~p~ 1974 ~ ~ Clerk of Cou~ f~ ~e ~r~se of ,n,~at,~ ~e c,v,I ~k~ s~ (SEE INSetS ~ T~S~F THE FORM }

I. (,)PLAINTIFFS

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(EXCE~ IN U S P~INTI[F C~SES)
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IV. ORIGIN V. NATURE OF SUrT (PLACE AN "X" IN ONE BOX ONLY)
A CONTRACT

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A OTHER STATUTES

A REAL PROPERTY

VII. REQUESTED IN CHECK tF THCS ~S A CLASS ACTIONDEMAND $ COMPLAINI~. ~ UNDER FRC P 23
VIII. RELATED CASEIS) IF ~N~
DA "E
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JURY DEMAND: c’X’,’E,, F~ NO

 
 Case 0:04-cv-60856-KAM Document 27 Entered on FLSD Docket 04/26/2005 Page 1 of 12

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A
CASE NO .04-60856 -CIV-MARRA/BANDSTRA

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,
Plaintiff, and
JESSICA VARELA ,
Intervenor, V.

DFKILTEp

D. CU

APR 2 1 NO

OLARINO( pMAA000O X

OLRRK

r

S.0D.OR rX PTTLAUO.

DTG OPERATIONS, INC ., d/b/a DOLLAR RENT A CAR,

Defendant . /

INTERVENORS AMENDED COMPLAINT AND DEMAND FOR JURY TRIA L

JURISDICTION AND PARTIE S 1 . This suit is brought and jurisdiction lies pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended 42 U .S.C. Section 200e-5, et seq, and section 102 of the Civil Rights Act of 1991, 42 U .S.C. Section 1981A . This Court has original jurisdiction over this matter pursuant to 28 U.S.C . Section 1343(a)(4) . This suit is also brought pursuant to the Florida Civil Rights Act of 1992, Fla. Stat. 760 et seq ., over which this Court has supplemental jurisdiction. 2. Intervenor further invokes the pendent jurisdiction of this Court to hear and decide claims arising under the state law, in that the claims arise out of the same nucleus o f
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Case 0:04-cv-60856-KAM Document 27 Entered on FLSD Docket 04/26/2005 Page 2 of 12
operative facts and are such that they would ordinarily be expected to be t ried in one judicial proceeding .
3 . Intervenor, Jessica Varela, is a citizen of the United States and the State of Florida, and at all times material hereto was a resident of Broward County, Florida .
4. At all relevant times Defend ant, DTG Operations , Inc ., d/b/a Dollar Rent a Car, is an Oklahoma corporation, licensed to do business and doing business within the State of Florida and in the City of Fort Lauderdale .
5. At all material times, Defendant, DTG Operations, Inc . d/b/ ;a Dollar Rent a Car, has employed fi fteen ( 15) or greater employees for each regular working day in each of twenty (20) or more calendar weeks in the current an d/or preceding calendar year , and is otherwise an " employer" within the me an ing of Title VII and the Flo ri da Civil Rights Act .
6. As a direct and proximate result of Defendant's violation of existing law, as described herein below, Intervenor has been compelled to retain the se rvices of counsel and has thereby incurred, and will continue to incur, legal fees and costs . Intervenor is entitled to recovery of attorneys' fees and costs pursuant to 42 U .S.C. 2000e-5(k), Federal Rules of Civil Procedure 54, and Florida Statute Section 760 . 10(5) .
CONDITIONS PRECEDENT 7. The Intervenor has filed timely adminis trative charges of employment discrimination and retaliation with the Equal Employment Opportunity Commission ("EEOC"). The EEOC h as filed a Civil Action with the United States Dist rict Court, Southern Dist rict of Florida, Fo rt Lauderdale Division, wherein Intervenor h as filed a Motion to Inte rvene . All of the
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Case 0:04-cv-60856-KAM Document 27 Entered on FLSD Docket 04/26/2005 Page 3 of 12
discriminato ry employment practices alleged herein were committed within the jurisdiction of the Southern District of Florida, Fo rt Lauderdale Division .
8. Inte rvenor also duel filed her charge of employment discrimination and retaliation with the Florida Commission of Hum an Relations . Intervenor has complied with all conditions precedent before filing suit under the Flo rida Civil Rights Act in that this lawsuit was filed after this matter had been pending before the Flo rida Commission on Human Relations for more than 180 days . This lawsuit was further filed within four years of the disc riminatory acts complained of herein .
FACTUAL BACKGROUND 9. Inte rvenor, Jessica Varela worked for Defend ant at its Fort Lauderdale International location in Fort Lauderdale , Florida, from approximately 2001 until she was terminated on or about May 5 , 2003 . Intervenor, Varela 's was employed and remained employed as a rental agent until her termination , and was supe rvised by "Lead Agent", Carlos Tobar . 10. From at least September 2002, Inte rvenor was continuously sexually harassed by Carlos Tobar . Specifically , Mr. Tobar would repeatedly request that Ms . Varela accompany him on vacations , despite her advising him that his requests were improper , inappropriate and unw anted . Specifically, on several occasions Mr . Tobar, requested that Ms . Varela travel with him to his native count ry of Ecuador, and on at least one other occasion that she travel with him to Daytona Beach, Florida. 11 . Mr. Tobar repeatedly and on a daily b asis made vulgar comments to, unwanted sexual advances towards, and physical contact with, Ms. Varela . On one occasion, Mr. Tobar approached Ms . Varela while she was counting her drawer, placed his h and on her upper thigh
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Case 0:04-cv-60856-KAM Document 27 Entered on FLSD Docket 04/26/2005 Page 4 of 12
and said "what would you do if I kissed you right now" . Mr . Tobar then attempted to kiss Ms . Varela . On another occasion, Mr . Tobar grabbed Ms . Varela from behind, pressed himself tight against her and said "Oh Jessica, if you only knew how good I was" . On yet another occasion, Mr. Tobar took Ms . Varela's hand and placed and held it on his genitals . On yet another occasion, Mr . Tobar offered Ms . Varela money in exchange for sexual favors . In addition to the above specified instances , Mr . Tobar would constantly and continually touch Ms . Varela in an inappropriate and unwanted sexual manner .
12. On or about April 27, 2003, while Ms . Varela was making coping of certain vacation schedule documents "Shift Bids", Mr . Tobar snatched said document from Ms . Varela, and physically pushed her to the ground . On this day, and on several prior occasions Ms . Varela complained to her supervisors that she was being sexual harassed and psychically and verbally assaulted by Mr. Tobar . She also complained that she felt her job was in jeopardy as a result of her refusal to aquiess to Mr. Tobar's advances . However, Defendant took no remedial action against him.
13 . Ms . Varela was sent home on that day, and on or about May 7, 2005, was officially terminated by Defendant . Defendant' s reasons for its actions concerning Plaintiffs discharge were pretextual and an attempt to conceal Plaintiffs true retaliatory motive.
COUNT I UNLAWFUL SEXUAL HARRASMENT AND RETALIATION IN VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF
1964, AS AMENDED 111991 42 U.S.C. 200E ET. SEQ.
14. Intervenor, Jessica Varela repeats and realleges each and every allegation set forth in Paragraphs I through 13 as if full set forth herein again at length .
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15 . Since at least September 2002, Defendant Employer engaged in unlawful employment practices at its Fo rt Lauderdale location in violation of Sections 703(e ) and Section 704(a) of Title VII, 42 U .S.C. Section 2000-2 (a) and Section 2000e-3(a) in that
a. Jessica Varela was subjected to sexual harassment by her direct supervisor in the form of unwelcome physical and verbal conduct of a sexual nature, which was sufficiently severe and pe rvasive to constitute an intimidating, hostile and offensive work environment. b. Defend ant retaliated against Jessica Varela for complaining of the unlawful sexual harassment by discharging her from her position . 16. The effect of the conduct complained of herein in paragraphs 10, 11, 12 13 and 15 above has been to deprive Intervenor, Jessica Varela of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and /or in retaliation for her opposition to unlawful employment practices . 17. The unlawful conduct of Defendant desc ribed above was done with oppression and malice ; with a reckless and conscious disregard for Plaintiff's rights; and with intent, design and purpose of injuring Intervenor, Jessica Varela . Defend ant through its o fficers, managing agents and/or supervisors, authorized, condoned, and/or ratified the unlawful conduct in that Defend ant, knew or should have known of these and prior complaints of sexual harassment by other female employees relating to Carlos Tobar and failed to take any disciplinary or remedial action against Carlos Tobar. By reason thereof, Intervenor is entitled to punitive or exemplary damages from Defend ant in a sum according to proof to be presented at trial .
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18. Defendant's unlawful acts of discrimination and retaliation were intentional and done with malice or reckless indifference to Plaintiffs rights protected under Federal and state law .
19. As a direct and proximate result of Defendant's violation of existing law, as described herein, Intervenor has been compelled to retain the services of counsel and has thereby incurred, and will continue to incur, legal fees and costs . Intervenor is entitled to recovery of attorney's fees and costs pursuant to 42 U .S.C. 2000e-5(K) and Federal Rule of Civil Procedure 54, and Florida Statute Section 760 .10(5).
WHEREFORE, Intervenor demands a trial by jury, and relief in the form of back pay, front pay, compensatory damages, lost benefits, emotional distress, punitive damages, attorney's fees and costs with prejudgment interest thereon, injunctive relief, and any such relief that Intervenor may be entitled to under the law or in equity .
COUNT II UNLAWFUL SEXUAL HARASSMENT AND RETALIATION VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT OF 1992. FLA. STAT. 760 ET SEQ .
20. Intervenor, Jessica Varela repeats and realleges each and every allegation set forth in Paragraphs I through 13 as if full set forth herein again at length .
21 . Since at least September 2002, Defendant Employer engaged in unlawful employment practices at its Fort Lauderdale, Florida location in violation of the Florida Civil Rights Act of 1992, Fla. Stat . 760 et . seq. in that :
a. Jessica Varela was subjected to sexual harassment by her direct supervisor in the form of unwelcome physical and verbal conduct of a sexual nature, which
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was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment . b. Defendant retaliated against Jessica Varela for complaining of the unlawful sexual harassment by discharging her from her position . 22 . The effect of the conduct complained of herein in paragraphs 10, 11, 12, 13 and 21 above has been to deprive Intervenor, Jessica Varela of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex and/or in retaliation for her opposition to unlawful employment practices . 23. The unlawful conduct of Defendant described above was done with oppression and malice ; with a reckless and conscious disregard for Plaintiffs rights ; and with intent, design and purpose of injuring Intervenor, Jessica Varela . Defendant through its officers, managing agents and/or supervisors, authorized, condoned, and/or ratified the unlawful conduct in that Defendant, knew or should have known of these and prior complaints of sexual harassment by other female employees relating to Carlos Tobar and failed to take any disciplinary or remedial action against Carlos Tobar. By reason thereof, Intervenor is entitled to punitive or exemplary damages from Defendant in a sum according to proof to be presented at trial . 24. Defendant's unlawful acts of discrimination and retaliation were intentional and done with malice or reckless indifference to Plaintiff's rights protected under state law . 25 . As a direct and proximate result of Defendant's violation of existing law, as described herein, Intervenor has been compelled to retain the services of counsel and has thereby incurred, and will continue to incur, legal fees and costs . Intervenor is entitled to recovery o f
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attorney's fees and costs pursuant to Federal Rule of Civil Procedure 54, and Florida Statute Section 760 .10(5).
26. Defendants discrimination, harassment and retaliation against Intervenor, Jessica Varela, caused, continues to cause, and will cause Intervenor to suffer substantial damages for lost wages, other pecuniary losses, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.
WHEREFORE, Intervenor demands a trial by jury, and relief in the form of back pay, front pay, compensatory damages, lost benefits, emotional distress, punitive damages, attorney's fees and costs with prejudgment interest thereon, injunctive relief, and any such relief that Intervenor may be entitled to under the law or in equity .
COUNT II I NEGLIGENT HIRING , RETENTION AND SUPERVISIO N
27. Intervenor, Jessica Varela repeats and realleges each and every allegation set forth in Paragraphs I through 13 as if full set forth herein again at length.
28. From at least September 2002, Intervenor, Jessica Varela was subjected to sexual harassment by her supervisor, Carlos Tobar in the form of unwelcome physical and verbal conduct of a sexual nature . In addition, in April of 2003, Ms . Varela was the victim of a physical battery at the hands of the Defendant's employee, Carlos Tobar. All of the above described physical and verbal assault, both of a sexual an d non-sexual nature took place while in the scope of Mr. Tobar's employment with Defendant .
29 . At the time the employee was hired by Defendant and during the course of his employment, Defendant's employee, Carlos Tobar had a history of committing serious and
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violent offenses, including , but not limited to Burglary, Aggravated Battery, Battery, Fighting, Resisting Arrest and Domestic Violence . In addition , it is believed that Mr . Tobar had prior incidents of sexual harassment at his former employment, prior to being hi red by Defendant .
30. At the time , Mr. Tobar was hired by Defendant, Defendant knew or should have known by virtue of a simple background check that he had a histo ry of committing the above offenses, which in most instances resulted in documented c riminal record, as well as his prior history of sexual harassment .
31 . In addition, during the course of his employment , and prior to some or all of the incidents of physical and sexual abuse against Intervenor, Jessica Varela, other female employees had made sexual harassment claims against Mr. Tobar, of which Defendant was aware .
32. Notwithstanding , the prior complaints of sexual harassment against Carlos Tobar, Defendant took no remedial action whatsoever .
33. Defendant has a duty to its employees, including Inte rvenor, Jessica Varela, to protect them from sexual harassment and physical harm to their persons , at the hands of their fellow employees .
34. In view of the relationship of trust between Defend ant and its employees, including Intervenor, Jessica Varela, Defend ant was reckless and grossly negligent in screening, hiring, retaining, and supe rvising Mr . Tobar.
35 . As a proximate result of the acts and omissions of Defend ant, Intervenor, Jessica Varela h as suffered physical injuries, pain and suffering, mental anguish and emotional distress, and economic damages .
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36. By reason of the fact that Defendant knew or should have known that Defendant's employee, Carlos Tobar had a history of committing violent offenses, including domestic violence and aggravated battery against women, and a history of sexual harassment, and that Defendant nevertheless willfully, intentionally, and with wanton disregard of the consequences continued such employee in its employ, thereby subjecting Intervenor to Mr . Tobar's violent and sexually harassing behavior, Plaintiff is entitled to recover punitive damages .
WHEREFORE, Intervenor, Jessica Varela request judgment against Defendant for punitive and compensatory damages, cost of suit, and for such other further relief as it just and proper .
COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRES S 37. Intervenor, Jessica Varela repeats and realleges each and every allegation set forth in Paragraphs I through 13 as if full set forth herein again at length . 38. The cumulative sexual harassment , set forth in paragraphs 10,11 and 12 herein above, including but not limited to repeated groping, unwanted kissing , offensive touching, physical attack and repeated verbal licentiousness, were extreme and outrageous conduct . 39 Further, the cumulative sexual harassment, set forth in paragraphs 10,11 and 12 herein above, including but not limited to repeated groping, unwanted kissing, offensive touching, physical attack and repeated verbal licentiousness , was deliberate, reckless and intended to inflict mental suffering upon Intervenor, Jessica Varela . 40. The cumulative sexual harassment , set forth in paragraphs 10,11 and 12 herein above, including but not limited to repeated groping, unwanted kissing, offensive touching ,
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physical attack and repeated verbal licentiousness, did cause severe mental suffering upon Intervenor, Jessica Varela.
41 . At all material times, Carlos Tobar, was acting within the scope and employment of Defendant, DTG Operations, Inc ., and Defendant DTG Operations, Inc ., was aware of Tobar's propensities to sexually harass female employees but did little or nothing to stop his outrageous behavior . As such, DTG Operations Inc ., is vicariously liable for the intentional conduct of its employee .
WHEREFORE, Intervenor demands a trial by jury, and relief in the form of back pay, front pay, compensatory damages, lost benefits, emotional distress, punitive damages, attorney's fees and costs with prejudgment interest thereon, injunctive relief, and any such relief that Intervenor may be entitled to under the law or in equity .
CERTIFICATE OF SERVIC E I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U .S. Mail on this 3151 day of March 2005, to: See attached Service List .
Respectfully Submitted , Darren J . Rousso, P .A. Attorney For Intervenor 2 Alhambra Plaza Penthouse 2-C Coral Gables, Florida 3313 4 Phone (305) 446-01W--- 11 FacsimiI5905Y445-775 0
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SERVICE LIST
John E. Phillips, Esq . HOLLAND & KNIGHT, LLP P.O. Box 1288 Tampa, Florida 33601-1288 Tel.: (813 ) 227-8500 Fax : (813) 229-0134 Cheryl A. Coope r Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd., Suite 2700 Miami, Florida 33131
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 Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 1 of 18

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A
CASE NO . 04-60856 -CIV-MARRA/SELTZE R

CLOSED CIVIL CASE

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ,

Plaintiff, and JESSICA VARELA,
Intervenor,

FILED by ,mj D .C.
OCT 0 7 2005
CLARENCE MADDOX CLERK U . S . DIST. CT. S.D . OF FLA. FT. LAUD .

V.

DTG OPERATIONS, INC ., dlb/a DOLLAR RENT A CAR ,

Defendant .

CONSENT DECRE E 1 . This Consent Decree ("Decree") is made and entered into by and between Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission" or "EEOC"), Jessica Varela ("Plaintiff-Intervenor" or "Ms . Varela") and Defendant, DTG Operations, Inc . dlb/a Dollar Rent A Car ("Defendant")' . The Commission, Jessica Varela, and Defendant are collectively referred to as the "Parties" throughout this Decree . 2. The Commission filed this action on June 30, 2004 under Title VII of the Civil Rights Act of 1964, 42 U .S .C . Section 2000e et seq . ("Title VII") and Title I of the Civil Rights
'The affirmative relief requested in Section III through VI of this Consent Decree applies to Defendant's Ft . Lauderdale facilities .
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Act of 1991 alleging unlawful employment practices on the basis of sex ( female ), and retaliation and to provide appropriate relief to Jessica Varela, who was adversely affected by such practices .
3 . The Court granted Ms . Varela's Motion to Intervene in this action . Like th e EEOC, the Plaintiff-Intervenor alleged that Defendant violated Title VII and Title I . Ms . Varela's Complaint also alleged that Defendant violated the Florida Civil Rights Act of 1992, Fla . tat . §§760 .01, et M . ("FCRA"), and also asserted certain common law claims .
4. Defendant filed Answers to EEOC's and Plaintiff-Intervenor's Complaints wherein Defendant denied any allegations of unlawful conduct and asserted several affirmative defenses . The Parties agree that execution of this Decree in no way constitutes an admission of liability on the part of the Defendant .
5. In the interest of resolving this matter to avoid the cost of litigation, and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by the entry of this Decree . This Decree is final and binding on the Parties, their successors and assigns .
6. The Parties agree that this Decree resolves all claims against Defendant alleged in EEOC Charge Number 150-2003-03819 and the Complaint filed in this action . The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the Charge referred to in this paragraph .
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Decree, and based on the pleadings filed by the Parties, it is ORDERED, ADJUDGED AND DECREED THAT :
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I . JURISDICTIO N 7. This Court has ju ri sdiction over the subject matter of this action and over the Parties for the purposes of entering and enforcing this Decree . 8. No party shall contest juri sdiction of this federal cou rt to enforce this Decree, it s terms, or the right of the EEOC to seek enforcement of the Decree in the event Defendant breaches any of the terms of this Decree .
II . GENERAL PROVISION S 9. Defendant, its officers and employees, agree not to engage in conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment by engaging in conduct that constitutes sexual harassment under TitleVII . 10. Defendant, its officers, and employees, agree not to discriminate against any employee who files a charge of discrimination with the EEOC alleging violation(s) of such statute ; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination ; or who cooperated in the investigation or prosecution of this case .
III . ADOPTION AND DISTRIBUTION OF REVISED ANTI-DISCRIMINATION POLICY
11 . Defendant has established a written policy against sexual harassment an d retaliation, which is attached as Exhibit A . Defendant agrees that all of its employees and man agers in the Ft . Lauderdale location will be provided a complete copy of its policy against sexual haras sment and retaliation within thirty (30) days of the entry of this Decree . Defendan t
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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 4 of 18
also agrees that all new employees shall be given a copy of its policy against sexual harassment and retaliation within their first week of employment with the Defendant.
12. The Policy shall be distributed to all of Defendant's employees and management staff at the Ft . Lauderdale facilities and shall be included in any relevant policy or employee manuals kept by Defendant's businesses . The Policy shall also be kept and maintained in a conspicuous and accessible place for all employees and printed in a font that is easily legible (at least 12 point font) .
IV . TRAININ G 13. Defendant will conduct a four (4) hour annual training throughout the duration of this Decree for all of its managers, supervisory personnel and lead agents, at its Fort LauderdaleHollywood Airport facilities, with specific emphasis on sex harassment discrimination and the proper procedure to be followed if they become aware of sexual harassment in the workplace and/or if they receive a complaint of such discrimination . Defendant will provide the EEOC with at least two (2) weeks notice before it conducts its training session (s), with the date(s) and location(s) of the training, the identification of the training materi als to be used at the training session , and the name and job title of the employees who will be in attendance at the training . The training will be conducted by Phelps, Dunbar, P .A ., a qualified entity approved by th e FFnr 14. Defendant agrees that the training described in paragraph 13 shall be conducted by December 31, 2005, and, should thereafter take place by December 31 annually for the duration of this Decree . Defendant further agrees that training shall be given to all ne w
4
b Or zu

Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 5 of 18
managers, supervisors and lead agents who did not attend the annual training, within sixty (60) calendar days of being placed in a management or supervisory position . Web-based training is acceptable for new managers and supervisory personnel .
V. POSTING 15 . Defendant shall post within seven (7) calendar days from the Court's execution of this Decree a laminated 11" x 14" sized copy of the Notice attached hereto as Exhibit B . The notice shall be posted at Defendant's Fort Lauderdale facilities for the duration of this Decree in conspicuous locations accessible to all ei,ipioyees (i .e. employee bulletin board or lunch room) .
VI . MONITORING 16. Defendant will retain all employment records relating in any way to any complaint, allegation and investigation of sexual harassment at any of Defendant's Ft . Lauderdale facilities for the duration of this Decree and as required by federal law . 17. Defendant will provide the EEOC with the name, home address and home phone number of any person who alleges that he/she has been subjected to sex harassment while working at any of Defendant's Ft . Lauderdale facilities during the preceding six (6) months. Defendant will also state its actions taken in response to each such allegation . The first report shall be submitted by March 1, 2006 . Defendant will provide upon request by the Commission any and ail documentation associated with each such complaint . 18 . Defendant will certify to the EEOC every six (6) months throughout the duration of this Decree that it is in compliance with all aspects of this Decree . The first such certificatio n
5
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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 6 of 18

will be due no later than March 1, 2006 and thereafter by September 15` , and March 151 annually .

VII . EXPUNGEMENT OF ENTRIES FROM PERSONNEL RECORDS 19. Defendant currently can not locate a personnel file for Jessica Varela . If Ms . Varela's file is located, Defendant agrees to remove any termination warnings, reports, or disciplinary documents regarding Ms . Varela within ten (10) business days of locating Ms . Varela's file. The Defendant further agrees to give Jessica Varela a letter of reference, attached as Exhibit C, within ten (10) business days of the entry of this Decree .

VIII . MONETARY RELIE F

20. Defendant shall pay a lump sum in the amount of $395,000 to resolve this

litigation .

a.

$15,000 shall be representative of lost wages, less amounts required to be

withheld for federal, state, and local income taxes . Defendant will issue

an IRS form and W-2, and shall be responsible for paying the employer's

share of any federal, state and local, income taxes, and social security

withholdings .

b.

$220,805 .58 shall be representative of compensatory and punitive

damages . Defendant shall issue an I.R .S . form 1099 to Ms . Varela

substantiating same .

c.

$159,194 .42 shall be representative of attorney fees and costs .

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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 7 of 18
d. All payments shall issue within fifteen (15) calendar days from the Court's execution of this Decree, by certified mail to the trust account of Darren J . Rousso, Darren J . Rousso, P .A ., 2 Alhambra Plaza, Penthouse 2-C, Coral Gables, FL 33134 . Copies of all payments shall be forwarded to th e attention of Cheryl A . Cooper, Trial Attorney, U .S . Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131 .
21 . If Defendant fails to tender the payment described in paragraph 20 above, then Defendant shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U .S .C . Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant .
IX . ENFORCEMENT OF DECREE 22. The Commission shall have independent authority to seek judicial enforcement of each aspect, term, provision and attachment of this Decree . However, the EEOC shall not seek such judicial enforcement unless it has first (1) given Defendant's General Counsel a written notice of its intention to seek judicial enforcement, delivered to 5330 East 31 Street, P .O. Box 35995. Tnlca OK 74153-0995, which notice shall specify the alleged breach for which judicial enforcement shall be sought and (2) provided Defendant at least twenty (20) days to cure any alleged breach of any terms, except the provisions set forth in paragraphs 20 and 21 entitled monetary relief, for which court enforcement may be sought immediately .
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23 . The Court will take whatever meas ures necessary to effectuate the terms of thi s Decree .

X . COST S 24. Each Party shall bear its own costs associated with this litigation .

XI . DURATION OF CONSENT DECRE E

25 Tho %i ;ration of this Decree shall be three (3) years from the date of entry of th e

Decree . .L I r I< S vac ; l l C . L C C l S < <~
: r~o E i oY~ .1 cx E cki'_ . C cL ~~ S C' T

E> III ~~'^`~ J

SO ORDERED, ADJUDGED AND DECREED, this 7 day of October, 2005 .

KENNETH A . MARRA UNITED STATES DISTRICT JUDG E

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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 9 of 18

AGREED TO :
FOR THE PLA IN TIFF , I T~T!'FFD STATES E01 LT A T 1: MPT OYMENT OPPORTUNITY COMMISSIO N

by : Delner Franklin-Thomas

vS Date : / O L's I

Regional Attorney

U.S . Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

Telephone : (305) 530-6001

Facsimile : (305) 536-449 4

AGREED TO : FOR THE PLAINTIFF-INT JESSICA VARELA
by :
- Darren J . Rogso, P .A. 2 Alhambra Plaza, Penthouse 2-C Coral Gables , FL 33134 Telephone : ( 305) 446-0100 Facsimile : (305) 445-775 0

AGREED TO : FOR THE DEFENDAN T DTG OPERAXIONS, INC. d/b/a DOLLAR RENTA CA R

by : illida
Ph p Dunbar, LLP 10 youth Ashley Drive, Suite 1900 T pa, Florida 33602-531 1 Te ephone : (813) 472-7550 Facsimile : (813) 472-7570
9

Date :

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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 10 of 18

HUMAN RESOURCES
NUMBER : HUM20
CREATION DATE: 12-2004
REVISION DATE :
POLICY: DISCRIMINATION AND HARASSMENT-FREE WORKPLACE
POLICY STATEMENT : It is the policy of Dollar Thrifty Automotive Group, Inc . and its subsidiaries (the 'Company') to ensu re equal employment opportunity for every employee without regard to race, co lor, sex, re ligion , nat ional origin , ancest ry, citizenship , age, marital status or changes In marital status, pregnancy , sexual orientation , mental or physical disability , status as a Vietnam -era or special disabled veteran , or any other g ro up status protected by state or local law . The Company is firmly committed to this Policy ('Policy ') of non -discrimination in all employment practices and to maintaining a workplace free of harassment . The Company st ro ngly disapproves of and will not tolerate harassment of its employees and/or the improper interference with the ability of its employees to perform their expected job duties by anyone, including managers , superv isors , co-workers , vendors, customers or other non-employee contacts . All employees are responsible for respecting the rights of their co -workers and complying with this Policy .
DEFINITIONS AND EXAMPLE S
-harassment -' Harassmenr incl udes , but is not limited to, any unwelcome or offensive conduct , whether verbal, physical , visual or otherwise, related to an Individual 's race, color, sex, religio n, national origin, ancest ry, citizenship, age, marital status or changes In marital status , p regnancy , sexual orientation , mental or physical disability , status as a Vletnam -era or special disabled veteran , or any other group status p rotected by state or local law, that creates an in ti midating , hostile or offensive work environment or interferes with a n individual's work performance .
Examples of harassment expressly prohib ited by this Policy In clude , but are not limited to, the following :
• Racial slurs . • Ethnic jokes. • Posting offensive statements , posters or ca rtoons. • Sexual harassment, as defined below .
The Company rese rves the right to deem any other conduct or behavior as inappropriate under this Policy .
'Sexual Harassment' - Harassment also includes'sexual harassment' . Unwelcome sexual advances, requests or solicitations for sexual favors, unwelcome or offensive touching or physical contact, and other verbal, physical, visual or other behavior of a sexual natu re, constitute 'sexual harassment when :

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Exhibit A

Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 11 of 18
HUMAN RESOURCES NUMBER: HUM20 DATE : 12-2004 PAGE : 2
C ;:L- :cn tc _L ct: wnduct is msde either explicitly or implicitly as a term or condition of an individual's employment; • Submission to or rejection of such conduct by an Individual Is used as the basis for employment decisions affecting the individual ; or • Such conduct has the purpose of Interfering with an Individual's work performance or creating an Intimidating , hostile or offensive work envi ronment .
Examples of sexual harassment exp ressly prohibited by this Policy include , but are not limited to, the following :
• Touching , such as rubbing or massaging someone's neck or shoulders, stroking someone ' s hair or brushing against another 's body.
• Sexually suggestive touching . • Crsbbing , groping , kissing, pinching or fondling . • Violating someone's personal space . • B lo cking a person's path . • Whistling or cat calls . • Lewd , off-color , sexually oriented comments or jokes . • Foul or obscene language . • Lee ring , staring , stalking or looking a person up and down ( elevator eyes) . • Suggestive or sexually explici t posters , calendars, photographs , graffiti or cartoons. • Unwanted or offensive letters or poems. • Sitting or gesturing sexually. • Offensive e-mail or volcemali messages . • Sexually oriented or explicit re marks , including written or oral references to sexual
conduct, or gossip , rumors or lies regardi ng one's sex No, body , sexual activities, defi cien cies or p rowess . • Referring to someone as a 'girl ', 'hunk', ' doll" , 'babe', " honey' or the like . • Questions about one's sex life, experiences or prefe rences. • Repeated requests for dates . • Giving inappropriate or unwelcome personal gifts. • Sexual favors in retu rn for emp loyment rewards or th re ats if sexual favors are not p rovided . • Sexual assault, batte ry or rape . • Any other conduct or behavior deemed inapp ropri ate by the Company .
IMPORTANT NOTICE TO ALL EMPLOYEE S
An employee who has experienced conduct s/he believes is contra ry to this Policy have an obligation to take advantage of the following complaint procedures . An employee 's failu re to fulfill this obligation could affect her or his rights In pursuing legal action .
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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 12 of 18
HUMAN RESOURCES NUMBER: HUM20 DATE: 12-2004 PAGE : 3
COMPLAINT AND INVESTIGATION PROCEDURE S
Reoorti na Harassment or Discrimination
1 . General - Early reporting and interven tion have pro ven to be the most effective method of resolving actual or perceived Incidents of harassment. The refo re , while no fixed report ing period has been established , the Company strong ly urges the prompt re port ing of complaints or concerns so that rapid and constructive action can be taken .
2 . Employees • Employees should not assume management Is awa re of alleged harassment or discrimination . • Any employee who believes s/he has been the victim of job - related harassment or believes s/he has experienced or been t re ated In an unlawful , discriminato ry manner, should Immediately re port the matter to the emp loyee' s Immediate supervisor, the next level of management or to the Human Resources Department . • An employee does not need to report any complaint first to the emp loyee's supe rvisor, particularly if the supe rv isor Is the offender , or follow any formal chain of command when reporting such complaints , but may bypass anyone in the employee' s direct chain of command and file his or her complaint directly with the Human Resources Department at any time . If the people identified above a re not available, or if the employee is uncomfortable reporting th e complaint to these management employees , the employee should repo rt the ma tter to any other appropriate member of management NOTE : Califomlo-based employees may also contact the California Departme nt of Fair Employment & Housing at (800) 884-1684 to repo rtjob-related harassment and discrimination. • This Policy applies to all in cidents of alleged harassment , including those occurring off-premises , or off-hours, where the alleged offender Is a supe rv isor, co-worker or non-employee with whom the employee is Involved , directly or indire ctly , In a business or potential business re lationship . Should the alleged harassment occur after normal business hours , a complaint should be filed as early as p racticable on the first business day following the a ll eged Incident . • The availability of th is complaint procedure does not p reclude or prevent an employees who believes s/he is being subjected to harassment from promptly advising th e offender th at his or her behavior is unwelcome and requesti ng that it be discontinued .
3 . Managers - Each member of management Is responsible for crea ti ng an atmosphe re free of discrimination and harassment , sexual or otherwise . Any superv isor or manager who becomes aware of possible sexual or other unlawful harassment or discrimination must immediate ly advise the Vice President of Employee Relations in the Human Resources Department so that a p ro mpt Investigation and, if necessary, corrective action can be taken.
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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 13 of 18
HUMAN RESOURCES
~1i ~s!9ED : P tTh'2 0
DATE: 12-2004 PAGE : 4 Inveetlaatina Reports of Harassment. Di§Mminatlon or Retaliatio n
1 . Any reported allegation of harassment , discrimination or retaliation will be Investigated promptly and tho rough ly by the Human Resources Department . The investigation may In clude individual inte rviews with the parties involved , and where necessa ry , with witnesses who may have observed the alleged conduct or Individuals who may have relevant knowledge .
2. The Company expects any employee invo lved in any investigation of harassment, discrimination or retalia ti on to cooperate and assist the Human Resources Department in its investigation .
3 . Upon the completion of the investigation, the employee who reported the conduct will be informed as to the Investigation's results .
Confidentiality Any report or complaint will be handled and maintained in a confidential manner th ro ughout the investigation process to the extent consistent with adequate investigation and appro priate disciplinary ac tion , If warranted . Each employee involved In an investigation should likewise t re at the matter as confidential .
Owciphnarv ygwiu n
If the Company determines that an employee has violated this Policy by discriminating or harassing another employee, appropriate disciplinary action will be taken against the offending employee, up to and Including termination of employment. Retaliatio n
T! - C^'„^ Lz^,- prep any form of r allation against any employee for filing a good faith complaint under this Poli cy and for assisting In an investigation . Any emp loyee who believes s/he has been retaliated against should immedlate ly re po rt the matter as discussed above in this Policy. However, If. after investigating any complaint of unlawful dis crimination or harassment, the Company determines that the complaint is frivolo us or was not made In good faith, or that an employee p ro vided false information regarding the complaint, disci plinary act ion may be taken against the individual who filed the complaint or who gave false information .
Harassment by Non-Employees
This Policy also applies to the conduct of non-employee work contacts . In the event an employee is subject to unwelcome sexual conduct or any other such prohibited misconduct by a vendor, customer or other non-employee work contact, the employee should report the conduct as discussed above in this Policy.
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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 14 of 18
HUMAN RESOURCES NUMBER : HUM20 DATE : 12-2004 PAC-F . R Consensual anaaer-Subordinate Relationship s To further p revent Issues of sexual harassment a rising from manager-subordinate relationships , the Company has adopted a policy prohibiting a manager /supervisor from working closely with or within the same line of reporting , directly or indirectly, with a subordinate with whom the manger/supervisor is having a consensual intimate relationship . See Policy HUM19- Employment of Relatives. Domestic Partners and Significant Others: Manager-Subordinate Rela ti onships .
DISTRIBUTION AND ACCEPTANCE OF POLICY Distribution This Policy will be : (1 ) distributed to all employees and new hires , ( 2) set forth in summa ry in the Emp loyee Handbook , ( 3) posted on employee bulletin boards or other information distribution areas in all Company facilities , and (4) posted on the Company's Intranet site at httpJ/dtnonline under "Corporate Policies and Procedures " for the Human Resou rces Department as Policy No. HUM20 . AN emp loyees and new hires receiving a copy of this Policy w l. ." be required to read this Policy and sign and re turn either a signed Employee Acknowledgement: Discrimination and Harassment-F ree Workplace Policy (Figure 1) or an Emp loyee Acknowledgement of Mul tiple Workplace Policies , or If the employee Is a supervisor/manager, a Supervisor/Manager Acknowledgement - Discrimina ti on and Harassment-Free Workplace Policy (Figu re 2) . Acceptance Employees , by their decision to con ti nue their employment with the Company fo llowing notice of the adoption, Imp lementation and/or modification of this Policy, shall be deemed to have accepted Its terms and conditions for the duration of their emp loyment by the Company .
Iwt'~n.•~~sf4+n
The Company reserves the right to interpret , modify or revise this Policy, in whole or in pa rt , without notice . Nothing in this Policy Is to be construed as an employment contract nor does it alter any employee's at-will status .
This paicy was approved by the Fatal Review G roup December 8, 2004.
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HUMAN RESOURCES NUMBER: HUM20 DATE : 12-2004 PAGE : 6 F C!J '.° EMPLOYEE ACKNOWLEDGEMENT : DISCRIMINATION AND HARASSMENT-FREE WORKPLACE POLICY

The undersigned employee of Dollar Thrifty Automotive Group, Inc . or Its subsidiaries ('Company") acknowledges that a/he has received , read and understands the Discrimination and Harassment - Free Workplace Policy (Policy Number HUM20) of the Company ('Po lcy') . The undersigned employee further agrees to comply with and abide by this Poli cy and the procedures set forth the re in . Further, the undersigned acknowledges that if
s/he engages in any conduct that Is p rohibited by this Policy, app ropriate disciplinary action
will be taken against the undersigned , up to and Including termination of employment .

Date : By:
Prinf( d Name :

SJyrrature of Enpbyee

SUPERVISOR INSTRUCTIONS : Forward this signed Employee Acknowledgement to the Human Resources Department in Tulsa, Oklahoma for filing in the emplo yee' s personnel file .
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HUMAN RESOURCES NUMBER: HUM20 DATE: 12-2004 PAGE: 7
FIGURE 2 SUPERVISORIMANAGER ACKNOWLEDGEMENT : DISCRIMINATION AND HARASSMENT - FREE WORKPLACE POLIC Y
WIV
EP&M er r
The undersigned supervisorh anger of Dollar Thrifty Automotive Group, Inc . ("Company') that ev.".° h2s received, reed and understands the Discrimination and Harassment - Free
Workplace Policy (Policy Number HUM20) of the Company ('Policy-) .
The undersigned employee further agrees to comply with and abide by this Policy and the procedures set forth therein. As a supervisornmanager, the undersigned further acknowledges that s/he is responsible to create an abnosphere free of discrimination and harassment, sexual or otherwise, and that should the undersigned 'know or have reason to know" of conduct or behavior in violation of the Policy, including, but not limited to conduct or behavio r
• reported by the employee subject to the harassment ; • observed, even in the absence of a complaint ; • reported anonymously ; • reported by someone other than the alleged victim ; • reported by someone who wants no one to find out • reported by someone who wants no action taken ; • . eported outside working hours and/or off the Company's premises; • reported by an applicant, employee, temporary workers or non-employees ; • outside working hours and/or the Company' s promises that creates an intimidating, hostile or
offensive work environment or Interfere . with an individuars work performance ; • that does not Involve any witnesses :
r/,• , . f•••rgned sees as trivial or Insignificarrt ; • reported by someone the undersigned sees as a "chronic complainer" ; or • involves someone who intimidates and%or threatens the undersigned ;
The undersigned must immediately advise the Human Resources Department so that a prompt Investigation and, If necessa ry, corrective action can be taken .
The undersigned acknowledges that If s /he engages In any conduct that Is prohibited by this Policy, Incl uding, but not limited to , ignoring or excusing behavior that should have been repo rted and Investigated , or falling to Immediately advise the Human Resources Department of such behav ior or conduct, Including allegatio ns thereof, appropriate disciplinary action will be taken against the undersigned, up to and in cl uding termination of employment.

Date :

By :

Printed Name:

s+gnatun or Employe e

SUPERVISOR INSTRUCTIONS : Forward this signed Employee Acknowledgement to the Human Resources Department in Tulsa , Okiehome for filing In the employee' s personnel fi le.

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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 17 of 18
EXHIBIT B NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND DTG OPERATIONS, INC . D/B/A DOLLAR RENT A CA R This notice is being posted pursu an t to a Consent Decree entered by the Court in EEOC v . DTG O r, t one r» ,7 . d.//a Dollar Rent A Car , Case No . 04-60856-CIV-MARRA . DTG will not discriminate against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") . Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, or sex . Title VII also protects individuals from retaliation for having complained of an unlawful employment practice . DTG will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited iv, a% AU41 iiataasiti~iii . Furthermore, DTG assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC . Appropriate corrective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved . This notice shall remain posted for three (3) years from the date signed . Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000 .
Signed this day of , 2005 .
PRES IDENT/CEO, DTG OPERATIONS INC . ll/E/A DOLLAR KENT A (:AR
DO NOT REMOVE BEFORE ,2008 .
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Case 0:04-cv-60856-KAM Document 40 Entered on FLSD Docket 10/11/2005 Page 18 of 18
EXHIBIT C
[DATE]
To Whom It May Concern : This letter will confirm that Jessica Varela was employed with DTG Operations, Inc., formerly known as Dollar Rent A Car Systems, Inc ., from January 6, 2000 until May 7, 2003 . Ms. Varela worked at the Fort Lauderdale-Hollywood Airport facilities . During Ms . Varela's tenure , she worked as a full time Rental Sales Agent. Ms . Varela' s last rate of pay was $5.62 per hour plus commission . Sincerely , Lynne Pritchard Staff Vice President , Employee Relations Dollar Thrifty Automotive Group, Inc .
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 CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?325598800568724-L_92...

U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:04-cv-60856-KAM

CLOSED

U.S. - EEOC v. DTG Operations, Inc. Assigned to: Judge Kenneth A. Marra Demand: $0 Cause: 28:0451 Employment Discrimination
Plaintiff
United States Equal Employment Opportunity Commission

Date Filed: 06/30/2004 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Cheryl A. Cooper Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1786 Fax: 808-1835 Email: Cheryl.cooper@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer N. Brown 2194 SW 80th Terrace Miramar, FL 33025 954-442-7407 TERMINATED: 10/14/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff Jessica Varela

represented by Darren Jeffery Rousso Darren J. Rousso Two Alhambra Plaza Penthouse II-C Coral Gables, FL 33134 305-446-0100 Fax: 445-7750 Email: Roussolaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V.
Defendant
DTG Operations, Inc. doing business as Dollar Rent A Car

represented by Dennis Michael McClelland Phelps Dunbar 100 S Ashley Drive Suite 1900 Tampa, FL 33602-5311 813-472-7865 Fax: 472-7570 Email: dennis.mcclelland@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Edmund Phillips, Jr. Phelps Dunbar LLP 100 South Ashley Drive Suite 1900 Tampa, FL 33602-5311 813-472-7550 Fax: 813-472-7570 Email: john.phillips@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Edmund Phillips, Jr. (See above for address) TERMINATED: 06/09/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jolee Land Phelps Dunbar 100 S Ashley Drive Suite 1900 Tampa, FL 33602-5311 813-472-7550 Fax: 472-7570 Email: jolee.land@phelps.com TERMINATED: 06/09/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/30/2004

#

Docket Text

1 COMPLAINT filed; FILING FEE Waived ; Magistrate Judge Ted E. Bandstra (wc, Deputy Clerk) (Entered: 07/01/2004)

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06/30/2004 10/04/2004 10/07/2004 10/07/2004 10/13/2004 10/13/2004 10/14/2004 10/14/2004 10/14/2004 10/15/2004 10/21/2004 10/21/2004
11/01/2004 11/02/2004
11/12/2004 11/12/2004

2 SUMMONS(ES) issued for DTG Operations, Inc. (wc, Deputy Clerk) (Entered: 07/01/2004)
3 RETURN OF SERVICE executed for DTG Operations, Inc. on 9/20/04 Answer due on 10/12/04 for DTG Operations, Inc. (tb, Deputy Clerk) (Entered: 10/06/2004)
4 MOTION with memorandum in support by Jessica Varela to intervene as plaintiff (tb, Deputy Clerk) (Entered: 10/08/2004)
5 INTERVENORS COMPLAINT and demand for jury trial FILING Magistrate Judge Ted E. Bandstra (tb, Deputy Clerk) (Entered: 10/08/2004)
6 ORDER OF RECUSAL ( Signed by Judge Cecilia M. Altonaga on 10/08/04) [EOD Date: 10/14/04] (tb, Deputy Clerk) (Entered: 10/14/2004)
CASE reassigned to Judge Kenneth A. Marra (tb, Deputy Clerk) (Entered: 10/14/2004)
7 ORDER granting plaintiff EEOC's unopposed motion for substitution of counsel; ( Signed by Judge Cecilia M. Altonaga on 10/14/04) [EOD Date: 10/15/04] (bs, Deputy Clerk) (Entered: 10/15/2004)
8 UNOPPOSED MOTION by U.S. - EEOC to substitute Cheryl A. Cooper as Attorney (bb, Deputy Clerk) (Entered: 10/15/2004)
Deadline updated per DE #7 Order; granting [8-1] motion to substitute Cheryl A. Cooper as Attorney (Added: Cheryl A. Cooper, Esq.) (Former Deputy Clerk) (Entered: 10/21/2004)
9 UNOPPOSED MOTION by DTG Operations, Inc. (Attorney Dennis Michael McClelland) to extend time to respond to complaint (Former Deputy Clerk) (Entered: 10/18/2004)
10 PRETRIAL ORDER requiring counsel to confer, file joint scheduling report and file joint discovery report ( Signed by Judge Kenneth A. Marra on 10/21/04) [EOD Date: 10/25/04] (Former Deputy Clerk) (Entered: 10/25/2004)
11 ORDER granting [4-1] motion to intervene as plaintiff granting [9-1] motion to extend time to respond to complaint resetting answer due for 11/1/04 for DTG Operations, Inc. ( Signed by Judge Kenneth A. Marra on 10/21/04) [EOD Date: 10/25/04] (Former Deputy Clerk) (Entered: 10/25/2004)
12 UNOPPOSED MOTION by DTG Operations, Inc. to extend time to respond to complaints (Former Deputy Clerk) (Entered: 11/02/2004)
13 ORDER granting [12-1] motion to extend time to respond to complaints resetting answer due for 11/12/04 for DTG Operations, Inc. ( Signed by Judge Kenneth A. Marra on 11/2/04) [EOD Date: 11/4/04] (Former Deputy Clerk) (Entered: 11/04/2004)
14 Answer and affirmative defenses by DTG Operations, Inc. (Attorney John Edmund Phillips Jr.), (bs, Deputy Clerk) (Entered: 11/15/2004)
15 Answer and affirmative defenses by DTG Operations, Inc. (Attorney Jolee Land), (tb, Deputy Clerk) (Entered: 11/16/2004)

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https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?325598800568724-L_92...

11/19/2004 11/19/2004 11/23/2004
11/23/2004
11/23/2004
01/21/2005 01/21/2005 02/01/2005 03/01/2005 03/01/2005 03/01/2005 03/10/2005 03/31/2005 04/21/2005
04/21/2005
04/21/2005 05/17/2005

16 JOINT Scheduling Report by U.S. - EEOC, DTG Operations, Inc., Jessica Varela (Former Deputy Clerk) (Entered: 11/19/2004)
17 NOTICE of Filing Joint Scheduling Report (not attached) by U.S. - EEOC, DTG Operations, Inc., Jessica Varela (gp, Deputy Clerk) (Entered: 11/19/2004)
18 ORDER Setting Jury trial for 12/12/05 before Judge Kenneth A. Marra , Setting calendar call for 10:00 12/9/05 before Judge Kenneth A. Marra , discovery deadline for 8/12/05 , Substantive motion filing deadline for 9/9/05 (Signed by Judge Kenneth A. Marra on 11/23/04) [EOD Date: 11/24/04] (gp, Deputy Clerk) (Entered: 11/24/2004)
18 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Barry S. Seltzer (Signed by Judge Kenneth A. Marra on 11/23/04) CCAP [EOD Date: 11/24/04] (gp, Deputy Clerk) (Entered: 11/24/2004)
18 ORDER referring case to mediation. 15 days to appoint mediator (Signed by Judge Kenneth A. Marra on 11/23/04) [EOD Date: 11/24/04] (gp, Deputy Clerk) (Entered: 11/24/2004)
19 Notice of compliance: by U.S. - EEOC with [18-1] referral/referred order case to mediation (Former Deputy Clerk) (Entered: 01/21/2005)
19 NOTICE of selection of Carol Soret Cope as Mediator by U.S. - EEOC (Former Deputy Clerk) (Entered: 01/21/2005)
20 Initial disclosures by Jessica Varela (hd, Deputy Clerk) (Entered: 02/02/2005)
21 NOTICE of Mediation Hearing on 819/05 at 10:00 added as mediator (gp, Deputy Clerk) (Entered: 03/01/2005)
22 NOTICE of Mediation Hearing on 8/19/05 at 10:00 (gp, Deputy Clerk) (Entered: 03/01/2005)
23 NOTICE of Mediation Hearing on 8/19/05 at 10:00 (gp, Deputy Clerk) (Entered: 03/01/2005)
24 NOTICE of Mediation Hearing on 8/19/05 at 10:00 AM Carol S. Cope, Esq. added as mediator (Former Deputy Clerk) (Entered: 03/11/2005)
25 MOTION by Jessica Varela to amend [5-1] complaint {attached} (lk, Deputy Clerk) (Entered: 04/01/2005)
26 ORDER granting [25-1] motion to amend [5-1] complaint ( Signed by Judge Kenneth A. Marra on 4/21/05) [EOD Date: 4/26/05] (Former Deputy Clerk) (Entered: 04/26/2005)
27 INTERVENOR'S AMENDED COMPLAINT by Jessica Varela , (Answer due 5/2/05 for DTG Operations, Inc. ) amending [5-1] complaint (Former Deputy Clerk) (Entered: 04/26/2005)
27 DEMAND for jury trial by Jessica Varela (Former Deputy Clerk) (Entered: 04/26/2005)
28 Answer and affirmative defenses to intervenor's amended complaint by DTG Operations, Inc.; jury demand (Former Deputy Clerk) (Entered: 05/17/2005)

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CM/ECF - Live Database - flsd - Docket Report

https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.pl?325598800568724-L_92...

06/03/2005 06/09/2005 07/20/2005 07/20/2005 07/20/2005 08/04/2005 08/08/2005 08/10/2005
08/15/2005 09/14/2005 10/05/2005 10/07/2005 10/07/2005

29 STIPULATED MOTION by DTG Operations, Inc. to substitute John E. Phillips as Attorney (bb, Deputy Clerk) (Entered: 06/06/2005)
30 ORDER as to [29-1] motion to substitute John E. Phillips as Attorney in place of Holland & Knight ( Signed by Judge Kenneth A. Marra on 6/9/05) [EOD Date: 6/10/05] (gz, Deputy Clerk) (Entered: 06/10/2005)
31 NOTICE by U.S. - EEOC to take deposition of Mr. Calvin Salomon 8/22/05 at 2:00 p.m. (mh, Deputy Clerk) (Entered: 07/21/2005)
32 NOTICE by U.S. - EEOC to take deposition of Ms. Lisa Richards on 8/5/05 at 10:00 (mh, Deputy Clerk) (Entered: 07/21/2005)
33 NOTICE by U.S. - EEOC to take deposition of Mr. Mark Shannon on 8/5/05 at 2:00 (mh, Deputy Clerk) (Entered: 07/21/2005)
34 Joint MOTION with memorandum in support by U.S. - EEOC, Jessica Varela, DTG Operations, Inc. to extend discovery and dispositive motions deadlines and request for additional depositions (gz, Deputy Clerk) (Entered: 08/04/2005)
35 NOTICE by U.S. - EEOC to take deposition of Ms. Grace Sotomayer 8/22/05 at 12:00 p.m. (mh, Deputy Clerk) (Entered: 08/09/2005)
36 ORDER granting [34-1] motion to extend discovery and dispositive motions deadlines and request for additional depositions reset discovery deadline for 8/31/05 , reset motion filing deadline for 10/7/05 ( Signed by Judge Kenneth A. Marra on 8/10/05) [EOD Date: 8/11/05] (gz, Deputy Clerk) (Entered: 08/11/2005)
37 RE-NOTICE of Mediation Schedule on 9/13/05 at 10:00 (ss, Deputy Clerk) (Entered: 08/15/2005)
38 NOTICE of Mediation Hearing on 9/27/05 at 10:00 Richard B. Rutledge added as mediator (gz, Deputy Clerk) (Entered: 09/15/2005)
39 NOTICE of Filing Consent Decree for Court Approval by U.S. - EEOC (gp, Deputy Clerk) (Entered: 10/06/2005)
40 CONSENT DECREE {see order for details} Pending motions denied as MOOT, case is CLOSED. Signed by Judge Kenneth A. Marra on 10/7/05) [EOD Date: 10/11/05] (gz, Deputy Clerk) (Entered: 10/11/2005)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (gz, Deputy Clerk) (Entered: 10/11/2005)

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 EEOC LITIGATION SETTLEMENT REPORT - October 2005

http://www.eeoc.gov/litigation/settlements/settlement10-05.html

EEOC v. DTG Operations, Inc., d/b/a Dollar Rent A Car No. 04-60856-CIV (S.D. Fla. Oct. 7, 2005)
The Miami District Office alleged that defendant, a nationwide rental car company, subjected charging party, a counter agent at its Ft. Lauderdale International Airport facility, to a sexually hostile work environment and discharged her in retaliation for opposing sexual harassment. The conduct, by charging party's male supervisor, involved offensive sexual comments and intrusive physical acts occurring regularly for over 6 months. Charging party rebuffed the harasser, who then intensified the harassing conduct. Charging party complained to management, which failed to take corrective action, and the harasser then began to fabricate performance deficiencies. After an altercation that caused charging party again to insist that management address the harassment, defendant sent charging party home and then terminated her 10 days later, claiming attendance and performance problems and insubordination. Charging party, who intervened in EEOC's suit, will receive $395,000 in monetary relief under the 3-year consent decree resolving this case.

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