IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

CIVIL ACTION NO.

v.
SAND KEY ASSOCIATES, LTD. d/b/a SHERATON SAND KEY RESORT,

COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

Defendant. /

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991, to correct unlawful employment practices on the basis of sex, and to provide

appropriate relief to Robert Weir and other similarly situated males, who were adversely affected by

such practices. As stated with greater particularity in paragraph 7, the Commission alleges that

Robert Weir and other similarly situated individuals were sexually harassed by their supervisor.

The harassment was sufficiently severe and pervasive to constitute a hostile, intimidating work

environment. Defendant is liable for the unlawful sexual harassment to which it subjected Robert

Weir during his employment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII

1

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (“Title VII”), and Section 102 of the 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 United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the United States 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)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Sand Key Associates, Ltd., d/b/a Sheraton Sand Key Resort (the “Employer”), has continuously been a Florida corporation doing business in the State of Florida and the City of Clearwater, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Robert Weir filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October of 2000, Defendant Employer engaged in unlawful employment practices at its Clearwater, Florida facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a).
2

a. Robert Weir was subjected to sexual harassment by his 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. The harassment included, but was not limited to, touching and grabbing of his buttocks; kissing him on his neck; and grabbing his crotch.
b. Defendant Employer is liable for the unlawful sexual harassment to which it subjected Robert Weir during his employment.
c. Other similarly situated male employees of the Defendant Employer were subjected to sexual harassment by Defendant’s 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. Defendant Employer is liable for the unlawful sexual harassment to which it subjected other similarly situated male employees to during their employment.
8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive Robert Weir and other similarly situated male employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were committed with malice or with reckless indifference to the federally protected rights of Robert Weir and other similarly situated male employees.
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual harassment and any other employment practices which discriminate on the basis of sex. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for males, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole Robert Weir and other similarly situated male employees, by providing affirmative relief necessary to eradicate the effects of its unlawful employment practices. D. Order Defendant Employer to make whole Robert Weir and other similarly situated male employees, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, out of pocket losses, and medical expenses in amounts to be determined at trial. E. Order Defendant Employer to make whole Robert Weir and other similarly situated male employees, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to be determined at trial. F. Order Defendant Employer to pay Robert Weir and other similarly situated male employees, punitive damages for its malicious and reckless conduct described in paragraph 7 above,
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in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessaryand proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
ERIC DREIBAND General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN THOMAS Regional Attorney
s/ Kenneth L. Gillespie KENNETH L. GILLESPIE Senior Trial Attorney Florida Bar No. 0083054 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two Biscayne Blvd. Miami, Florida 33131 Telephone: (305) 530-6006 Facsimile: (305) 536-4494 E-mail: kenneth.gillespie@eeoc.gov
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 Case 8:04-cv-01863-JSM-MAP Document 4 Filed 09/01/2004 Page 1 of 29

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

UNITED STATES EQUAL

)

EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

v.

) CASE NO.: 8:04-cv-01863-JSM-MAP

SAND KEY ASSOCIATES, LTD.,

)

d/b/a SHERATON SAND KEY

)

RESORT, and RICK MITCHUM,

)

individually,

)

Defendants.

)

MOTION TO INTERVENE COMES NOW, ROBERT WEIR (hereinafter "WEIR"), by and through his undersigned counsel, pursuant to Fed. R. Civ. P. 24(a)(1) and (b)(1), and moves the Court for leave to intervene as a matter of right under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-5(f)(1), or alternatively, seeks permissive intervention in the above referenced action for the purpose of joining WEIR in the prosecution of his claims against the Defendants SAND KEY ASSOCIATES, LTD., d/b/a SHERATON SAND KEY RESORT, and RICK MITCHUM, individually. A pleading setting forth the claims for which intervention is sought is attached as Exhibit A hereto. The intervenor's interest is direct and immediate and the intervenor's rights stand to be affected by a judgment in the case at bar. The intervenor is the aggrieved employee whose rights are being litigated.

Case 8:04-cv-01863-JSM-MAP Document 4 Filed 09/01/2004 Page 2 of 29
Dated this 31st day of August 2004.
Respectfully submitted,
s/ Randall V. Shanafelt Randall V. Shanafelt, Esquire Florida Bar Number: 0052426 Sharon A. Wey, Esquire Florida Bar Number: 0048010 Attorneys for Robert Weir THE SHANAFELT LAW FIRM, P.A. 803 Turner Street Clearwater, Florida 33756 Telephone: (727) 441-8533 Facsimile: (727) 441- 8541 RVS@, ShanafeltLaw.com
CERTIFICATE OF SERVICE
I hereby certify that on August 31- 2004, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the following: Kenneth Gillespie, Esquire, Equal Employment Opportunity Commission, Miami District Office, kenneth.gillespie@,eeoc.govv, One Biscayne Tower, Suite 2700, Two South Biscayne Boulevard, Miami, Florida 33131. I further certify that I mailed the foregoing document and the notice of electronic filing by first-class mail to the following non-CM/ECF participants: Sand Key Associates, Ltd., d/b/a Sheraton Sand Key Resort, c/o Russell A. Kimball, Jr. registered agent, 1160 Gulf Boulevard, Clearwater, Florida 34640.
s/ Randall V. Shanafelt Randall V. Shanafelt, Esquire Florida Bar Number: 0052426 Sharon A. Wey, Esquire Florida Bar Number: 0048010 Attorneys for Robert Weir THE SHANAFELT LAW FIRM, P.A. 803 Turner Street Clearwater, Florida 33756 Telephone: (727) 441-8533 Facsimile: (727) 441- 8541 RVS@, ShanafeltLaw.com
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EXHIBIT A

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Case 8:04-cv-01863-JSM-MAP Document 4 Filed 09/01/2004 Page 6 of 29

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and ROBERT D. WEIR,
Plaintiff-in-Intervention v.

) ) ) ) ) ) ) CASE NO.: 8:04-ev-01863-JSM-MAP

SAND KEY ASSOCIATES, LTD.,

)

d/b/a SHERATON SAND KEY

)

RESORT, and RICK MITCHUM,

)

individually,

)

Defendants.

)

COMPLAINT OF INTERVENTION AND DEMAND FOR JURY TRIAL COMES NOW, Plaintiff ROBERT D. WEIR (hereinafter "WEIR" or "Plaintiff')
by and through his undersigned counsel, and sues Defendant SHERATON SAND KEY ASSOCIATES, LTD., d/b/a SHERATON SAND KEY RESORT (hereinafter "SHERATON"), alleging unlawful employment practices, and RICK MITCHUM (hereinafter "MITCHUM"), individually for battery, and demands a trial by jury of all issues so triable. In support of his claims for relief, Plaintiff alleges as follows:

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Case 8:04-cv-01863-JSM-MAP Document 4 Filed 09/01/2004 Page 8 of 29
JURISDICTION AND VENUE 1. This is an action for damages brought pursuant to Title VII of the Civil Rights Act
of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. §2000e, et seq. (hereinafter "Title VII"), the Florida Whistleblower Act, Fla. Slat. §448.102, et seq. (hereinafter "Whistleblower Act") and various torts that arise from the same nucleus of operative facts as the federal claims alleged herein. 2. Plaintiff invokes the federal question and civil rights jurisdiction of this Court under 28 U.S.C. §§1331 and 1343(a)(4). Plaintiff also invokes this Court's supplemental and pendent jurisdiction over Plaintiffs state law claims, which arise out of the same nucleus of operative facts as the federal claims alleged herein. 3. Venue for this action lies in the Middle District of Florida pursuant to 42 U.S.C. §2000e, et seq., and 28 U.S.C. § 1391.
THE PARTIES 4. Plaintiff WEIR is a male resident of Clearwater, Pinellas County, Florida. 5. Defendant SHERATON is a resident corporation doing business in the State of
Florida, Pinellas County, and the Middle District of Florida. 6. Defendant SHERATON is engaged in an industry affecting commerce. 7. Defendant SHERATON has in excess of fifteen (15) employees and is an
employer within the meaning of Title VII, and the Whistleblower Act. 8. Defendant MITCHUM is a male resident of Pinellas County, Florida. 9. Defendant MITCHUM is employed by Defendant SHERATION in a supervisory
capacity.
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PROCEDURAL BACKGROUND
10. Plaintiff WEIR filed a Charge of Discrimination with the EEOC and the Pinellas County Office of Human Rights on or about April 23, 2003.
11. On or about January 9, 2004, a Cause Determination was issued by the Pinellas County Office of Human Rights.
12. On or about April 20, 2004, the EEOC issued a Letter of Determination finding reasonable cause to believe that a violation of Title VII had occurred.
13. On or about August 12, 2004, the EEOC filed suit against Defendant SHERATON alleging unlawful employment practices.
14. Plaintiff has complied with all administrative prerequisites and conditions precedent prior to the institution of this lawsuit.
FACTS
15. In or about October, 2000, Plaintiff was employed by Defendant SHERATON as a Preparation Cook.
16. Defendant MITCHUM was and is a managerial employee of Defendant SHERATON.
17. At all times relevant hereto, Defendant MITCHUM was in a supervisory position over Plaintiff.
18. During his employment with Defendant SHERATON, Plaintiff was subjected to ongoing, unwelcome and sexually offensive conduct by Defendant MITCHUM.
19. Defendant MITCHUM'S conduct was sufficiently severe and pervasive to create an intimidating and hostile work environment for Plaintiff.
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20. Defendant MITCHUM repeatedly touched Plaintiff in a sexual manner, which caused Plaintiff to feel uncomfortable and threatened.
21. In or about October 2000, Defendant MITCHUM began offensive and unwelcome contact with Plaintiff, including but not limited to, pinching and slapping Plaintiff on the buttocks, rubbing Plaintiff's legs, grabbing Plaintiff's genitals, blowing in Plaintiffs ear, and attempting to kiss Plaintiffs neck.
22. While Plaintiff was working in the kitchen, Defendant MITCHUM would repeatedly approach Plaintiff from behind and touch his buttocks and attempt to fondle his genitals.
23. When Plaintiff took breaks Defendant MITCHUM would approach him and attempt to rub his legs, kiss Plaintiff, and fondle his genitals.
24. Defendant MITCHUM subjected other male co-workers to unwanted sexual touching.
25. Plaintiff informed Defendant MITCHUM that his behavior was inappropriate, unwelcome and requested that he stop.
26. Plaintiff complained to Sous Chef, Stephan Kuggler about Defendant MITCHUM'S sexual harassment.
27. Plaintiff complained to Executive Sous Chef, Duffy Dougherty about Defendant MITCHUM'S sexual harassment.
28. Plaintiff complained to Assistant Manager, John Agliano about Defendant MITCHUM'S sexual harassment.
29. Plaintiff complained to Manager, John Harris about Defendant MITCHUM'S sexual harassment.
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30. Kuggler, Dougherty, Agliano, and Harris took no action to correct or prevent Defendant MITCHUM' S sexually offensive conduct.
31. Defendant SHERATON failed to take any prompt or remedial action to correct or prevent Defendant MITCHUM'S sexually offensive conduct.
32. In fact, Manager, John Harris spread Plaintiffs complaints about Defendant MITCHUM throughout the company and downplayed the seriousness of Plaintiff's complaints. As a result, Plaintiff was subjected to scorn and ridicule from his co-workers.
33. Plaintiff performed his job duties competently at all times during his employment with Defendant SHERATON.
34. However, Plaintiff was forced to separate from employment with Defendant SHERATON as a result of the intolerable, sexually hostile and retaliatory working conditions, which Defendant SHERATON failed to prevent or correct.
35. Based on information and belief, Defendant SHERATON knew or should have known that Defendant MITCHUM had a prior history of sexually offensive conduct.
COUNTI:TITLEVII(DISCRIMINATION BASED ON SEX) DEFENDANT SHERATON
36. Plaintiff repeats, realleges and incorporates by reference paragraphs one (1) through twenty-five (35) of the Complaint.
37. Defendant SHERATON knew or should have known that Plaintiff was subjected to ongoing, unwelcome and offensive sexual conduct and failed to take prompt remedial action.
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38. Defendant SHERATON condoned, ratified, authorized and perpetuated Defendant MITCHUM'S ongoing, unwelcome and offensive sexual conduct against Plaintiff by failing to take prompt remedial action.
39. Defendant SHERATON engaged in unlawful employment practices prohibited by Title VII by creating, condoning and perpetuating a sexually hostile and offensive work environment for Plaintiff.
40. Defendant SHERATON acted intentionally with malice and reckless disregard for Plaintiffs rights under Title VII.
41. As a result of Defendant SHERATON'S unlawful employment practices, Plaintiff has suffered damage, including, the loss of a career with Defendant; the loss of wages, benefits, and other compensation; harm to his personal and business reputations; emotional distress; and other pecuniary and non-pecuniary losses. WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare
that Defendant SHERATON violated the rights of Plaintiff as protected by the laws of the United States; award Plaintiff back pay and the value of lost employment benefits; award Plaintiff front pay; award Plaintiff punitive damages; award Plaintiff compensatory damages for mental anguish, general emotional distress, humiliation, and loss of reputation; award attorney fees and costs; and grant other and further relief as this Court deems appropriate and just.
COUNT II:TITLE VII (RETALIATION) DEFENDANT SHERATON
42. Plaintiff repeats, realleges and incorporates by reference paragraphs one (1) through thirty-five (35) and thirty-seven (37) through forty-one (41).
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43. Defendant SHERATON engaged in unlawful employment practices prohibited by Title VII by intentionally and willfully taking adverse employment action against Plaintiff up to and including constructive discharge in retaliation for his complaints and/or objections to unwelcome, sexually offensive and hostile conduct and discrimination. WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare
that Defendant SHERATON violated the rights of Plaintiff as protected by the laws of the United States; award Plaintiff back pay and the value of lost employment benefits from the time of his termination; award Plaintiff front pay in lieu of reinstatement; award Plaintiff punitive damages; award Plaintiff compensatory damages for mental anguish, general emotional distress, humiliation, and loss of reputation; award attorney fees and costs; and grant other and further relief as this Court deems appropriate and just.
COUNT III:WHISTLEBLOWER ACT DEFENDANT SHERATON
44. Plaintiff repeats, realleges and incorporates by reference paragraphs one (1) through thirty-five (35), thirty-seven (37) through forty-one (41) and forty-three (43) of the Complaint.
45. Defendant SHERATON violated the Florida Whistleblower Act by taking retaliatory personnel action against Plaintiff up to and including Plaintiff's constructive discharge because of Plaintiffs objections and/or refusal to participate in Defendant SHERATON'S unlawful employment practices.
46. Defendant SHERATON acted intentionally with malice and reckless disregard for Plaintiffs rights under the Florida Whistleblower Act.
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare that Defendant SHERATON violated the rights of Plaintiff as protected by the laws of the State of Florida and award Plaintiff front pay in lieu of reinstatement; compensation for lost wages, benefits, and other compensatory damages allowable at law; award attorney fees, court costs, and expenses; and grant such other and further relief as the Court deems appropriate and just.
COUNT IV:NEGLIGENT HIRING 47. Plaintiff repeats, realleges and incorporates by reference paragraphs one (1)
through thirty-five (35) and thirty-seven (37) through forty (40), forty-three (43), forty-five (45) through forty-six (46), fifty-six (56) through fifty-nine (59) and sixty-one (61) through sixty-five (65). 48. Defendant SHERATON owed a duty to Plaintiff to exercise reasonable care in the selection of an employee to perform the duties of a supervisor. 49. Defendant SHERATON failed to make an appropriate investigation of Defendant MITCHUM. 50. An appropriate investigation would have revealed Defendant MITCHUM'S unsuitability for the duties of supervisor with apparent authority for Defendant SHERATON or for employment in general. 51. Plaintiff was harmed by the independent wrongful act of battery committed by Defendant MITCHUM upon Plaintiff. 52. The battery was of a type foreseeable by Defendant SHERATON in light of Defendant MITCHUM'S particular unsuitability for duty as supervisor.
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53. Defendant SHERATON'S unreasonable failure to make an appropriate investigation of Defendant MITCHUM was a legal cause of Plaintiff's injury.
54. As a direct and proximate cause of the negligent conduct of Defendant SHERATON, Plaintiff sustained the following damages: a. Mental pain; b. Emotional distress in the form of fear, nervousness, anxiety, worry, and indignity; c. Embarrassment; d. Humiliation; e. Loss of dignity; f. Loss of the capacity for the enjoyment of life; g. Loss of or diminution of earnings or earning capacity; h. Future pay. WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare
that Defendant SHERATON violated the rights of Plaintiff as protected by the laws of the State of Florida and award Plaintiff front pay in lieu of reinstatement; compensation for lost wages, benefits, and other compensatory damages allowable at law; award attorney fees, court costs, and expenses; and grant such other and further relief as the Court deems appropriate and just.
COUNT V:NEGLIGENT RETENTION DEFENDANT SHERATON
55. Plaintiff repeats, realleges and incorporates by reference paragraphs one (1) through thirty-five (35), thirty-seven (37) through forty (40), forty-three (43),
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forty-five (45) through forty-six (46) and forty-eight (48) through fifty-four (54), and sixty-one (61) through sixty-five (65) of the Complaint. 56. Defendant SHERATON owed a duty to Plaintiff to exercise reasonable care in the retention of an employee to perform the duties of supervisor. 57. Defendant SHERATON received actual or constructive notice that Defendant MITCHUM was unfit to perform these duties. 58. Defendant SHERATON unreasonably failed to act to correct and/or prevent harm to Plaintiff. 59. Defendant SHERATON'S unreasonable failure to act to correct and/or prevent harm to Plaintiff was a legal cause of Plaintiffs injury. WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare that Defendant SHERATON violated the rights of Plaintiff as protected by the laws of the State of Florida and award Plaintiff front pay in lieu of reinstatement; compensation for lost wages, benefits, and other compensatory damages allowable at law; award attorney fees, court costs, and expenses; and grant such other and further relief as the Court deems appropriate and just.
COUNT VI:NEGLIGENT SUPERVISION DEFENDANT SHERATON
60. Plaintiff repeats, realleges and incorporates by reference paragraphs one (1) through thirty-five (35), thirty-seven (37) through forty (40), forty-three (43), forty-five (45) through forty-six (46), forty-five (45) through forty-six (46), fortyeight (48) through fifty-four (54), and fifty-six (56) through fifty-nine (59).
61. Notwithstanding the intentional and/or negligent acts of its employees, agents, servants and/or representatives including Defendant MITCHUM, Defendant
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SHERATON negligently failed to take action to put a stop to such intentional and/or negligent conduct. 62. Defendant SHERATON knew or upon reasonably diligent investigation should have known of such acts performed by the employees, agents, servants and/or representatives of Defendant SHERATON. 63. At all times material hereto, Defendant SHERATON owed Plaintiff a duty to properly supervise Defendant MITCHUM. 64. Defendant SHERATON breached this duty by failing to monitor, supervise, discipline and/or discharge its employees, agents, servants and/or representatives in such a manner as to prevent the unlawful treatment of Plaintiff as described herein. 65. Defendant's unreasonable failure to take corrective action was a legal cause of Plaintiffs injury. WHEREFORE, Plaintiff respectfully requests that this Honorable Court declare that Defendant SHERATON violated the rights of Plaintiff as protected by the laws of the State of Florida and award Plaintiff front pay in lieu of reinstatement; compensation for lost wages, benefits, and other compensatory damages allowable at law; award attorney fees, court costs, and expenses; and grant such other and further relief as the Court deems appropriate and just.
COUNTVII:BATTERY DEFENDANT MITCHUM 66. Plaintiff repeats, realleges and incorporates by reference paragraphs one (1) through thirty-five (35), fifty-one (51) and fifty-four (54) of the Complaint.
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67. Defendant MITCHUM owed Plaintiff a duty to refrain from touching or otherwise contacting with the person of Plaintiff without Plaintiff's consent.
68. Defendant MITCHUM breached his duty to Plaintiff by intentionally and willfully contacting with the person of Plaintiff without his consent, in an offensive manner. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter
judgment against Defendant MITCHUM for battery and award Plaintiff compensatory damages, consequential damages, costs, interest and such other and further relief as the Court deems appropriate and just.
Dated this 31st day of August 2004. Respectfully submitted, s/ Randall V. Shanafelt Randall V. Shanafelt, Esquire Florida Bar Number: 0052426 Sharon A. Wey, Esquire Florida Bar Number: 0048010 Attorneys for Robert Weir THE SHANAFELT LAW FIRM, P.A. 803 Turner Street Clearwater, Florida 33756 Telephone: (727) 441-8533 Facsimile: (727) 441- 8541 RVS@ShanafeltLaw.com
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 CCaassee88:0:044--ccvv--O0I1886633-J-JSSMM--MMAAPP DDooccuummeennt t2380-2 FFiilleedd 110O//0O43//22O00O55 PPaaggee 11 ooff 1122

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES EQUAL E~IIIPLOYMENT 1

OPPORTUNITY CQPVIM~SSION.

1

Plaintiff, and
ROBERT D.WEIR
intervenor Plaantifi v. SAND KEY ASSOCIATES. LTD.. c!!b/a SHERATON SAND KEY RESORT Defendant ROBERT D. WEIR Plaintiff,

1 1 1
CIVIL ACTION NO.
1 8:04-cv-1863-T-30RiEAP 1 J
1
1
f 1
1

v.

RICK MITCHEN.

1

1

Defendant

1

CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and

bcb+tw?nPlaintiff, the Equal Employment Opportunity Commission (hereinafter referred

to as the 'Cornm~ssion"or "EEOC"). Plaintiff lr+ttervenor Robe13 D. Weir (hereinafter

'Vdeir" or Pla.~ntiff Intervonar"), a n d Deferldant, Sand Key Associates. Ltd. d/b/a

Sheraton Sand Kcy Resort (hereinafter referred to as the "Company or "Defendant").

The Cornmrssion, Plaintiff Intervenor. and Defendant are coltectively referr~dto herein

as "the Parties."

CCaassee88::0044--ccvv--O01I886633--JJSSMM--MMAAPP DDooccuummeenntt2380-2 FFilieledd1100//0043//22000055 PPaaggee22 ooff 1122
2. On August 12. 2004, EEOC initiated this action by filing its Complaint in
the UI-lited Stated District Courl for the h4iddie District of Florida, Tampa Division, Civil Action No. 8.04-CV-1863-JSM-h.1AP,based impon a charge filed by Weir (EEOC Charge
No. I ~ H - A ~ - O O O ~ LEI )E.OCts Complaint alleges that Defendant violated Title Vli of the Civil Rights Act of 1964. as amended, including but not limited to, amendments authorized by thc Civil Rights Act of 1991 42 U.S.C. Section 200e stseq. ("Title VII") by subjecting Weir and other simikrly sgauated iriclividuais to sexual harassment by their scrpenkclr which was sufficiently severe and pervasive to constitute a hostile, intimidating work environment.
3. Subsequently Weir filed a rnotion to interweno in this action, which was g a n t e d by the Court. Weir's Intenlenor Complaint alleges the satme Title VII violations as PfaintiffEEOC's Complaint and includes a ccrnstfuctive discharge claim, as lqa@all s a clarrn under the Florida Whistfeblower Act and other State causes of action and seeks recovery against Mitchen indivrduaily.
4. In the interests of resolvmg this matler to avoid thc casts of litigation, and ss a resuft of having engaged in cotnpreher~sivesettlement negatiations. the Parties h w e agreed that this action should be finally rcsolved by entry of this Decree. This Decree is final and binding upon t h e Parties, their successors and assigns.
5. The Parties ayrec ?hat thrs Decree resolves all claims alleged against the
Defendant and Mitchen in the EEOC Charge No, 15H-A-300074, and the Complaints filed in this action. and constit~rtesa complete resolution of all claims under Title V1l that
were made by the Commission and all cla.irns brought by Plaintiff Intervenor in this
action.

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6. NOW. THEREFORE, the Court having carefuliy examined the terms and provisions of this Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
JURISDICTION 7. This Court has jurisdiction of the subject matter of this action and over the Parties for the purposes of entering and enforcing this Decree. 8. No party shall contest jurisdiction of this federal court to enforce this Decree and its terms or the right of the EEOC to seek enforcement in the event Defendant breaches any of the terms of this Decree.
GENERAL PROVISIONS
9. Defendant. its officers, and employees, ar@ hereby enjoin~d from engaging in conduct which violates T~tleVil of the Crvil Rights Act of 1964. as amended, by adversely affecting the terms and cond~tionsof any individual's ernpfoyment because of 'their gender.
10. Defendant, its officers and ernptoyees, are hereby enjoined from discriminating against any employee who opposes any of Dofondant's practices which the employee believes to be unlawful employment discrimination, who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation andlor prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
DISCRIMINATION POLICY AND TRAINING 11. Defendant has estabiished a written policy against sexual harassment
which is attached as Exhibit A. Defendant agrees that all of its employees and

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 4 of 12 Case 8:04-cv-OI863-JSM-MAP Document 28-2 Filed 10/03/2005 Page 4 of 12
managers will be provided a complete copy of its policy against sexual harassment within the later of October 30, 2005, or thirty (30) days of the entry of this Decree. Defendant also agrees that ali new employees shall be given a copy of its policy against sexual harassment within their first week of employment with the Defondant.
12. In order to further ensure the effective implementation of Defendant's antidiscrimination policy, Defendant will conduct an eight (8) hour annual training for all of its managers and supervisory personnel with specific emphasis on recognizing
harassment, on acts that could constitute retaliation, and on the proper procedure to be followed if they become aware sf harassment in the workplace or if they receive complaints of discrimination. Defendant agrees to provide the EEOC. at least two weeks notice before it conducts its training session(s). with the date($)and locatkm(s) of the training, the identification of the training materials to be used at the training session.
and confirmation that all managers and supervisors will be in attendance. The training
will be conducted by Integrated Emptoyer Resources. Additionally, Defendant agrees
that the EEOC shall, at the EEOC's discr@tion.be in attendance at each training
session(s). 13. Defendant agrees that the training described in paragraph 12 shall be
conducted within thirty (30) days of the entry of this Decree. And. should thereafter take place annually in the same format, by September 30,for the duration of this Decree. Defendant further agrees that the discrimination policy and training materials utilized for
the training described in paragraph 12 shall be presented to and explained to all new managers and supervisors, who did not attend the annual training, within thirty (30)
days of being placed in a management or supervisory position.

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 5 of 12 Case 8:04-cv-OI863-JSM-MAP Document 28-2 Filed 10103/2005 Page 5 of 12
DISCIPLINE TO OFFENDING EMPLOYEE
14. Defendant agrees that within fifteen (15) calendar days of the antry of this
Decree it will discipline tvfitchen for having violated the Company's policy against
unlawful sexual harassment. Such discipline shall consist of a written warning to be placed in Mitchen's ernplayas file explicifly stating that he is being disciplined for
violating the Company's policy against sexual harassment and stating that any future violations of the policy against sexual harassment will result in immediate discharge. Defendant further agrees that it will provide the EEOC with a copy of the written warning once it has been issued to the offending employee.
POSTING
15. Defendant will post a laminated 11 x 14 copy of the Notice, attached as Exhibit B. no later than September 30, 2005. Said notice shall be posted at Defendants hotel located in Cleatwater. Florida for the duration of this Decree in a conspicuous location accessible to all employees such as an employee bulletin board andlor breakllunch room.
MONITORING 16. Defendant will retain all employment and/or investigative records refating in any way to any complaint or allegation of harassment at the Defendant's Florida hotel for the duration of this Decree and as required under federal law. 17. Defendant will certib to the EEOC semi-annualiy throughout the duration
of this Decree that it is in compliance with ail aspects of this Decree, The first such
certification will be due no later than thirty (30) days from the first training provided
pursuant to paragraph 12. With each certification Defendant will further provide the

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 6 of 12 Case 8:04-cv-OI863-JSM-MAP Document 28-2 Filed 10103/2005 Page 6 of 12
EEOC with the name, address. number of any person who has complained to their manager or human resources that they have been harassed while working for Defendant during the preceding six (6) month period. Defendant will also state the
actions taken in response to each such allegalion and provide any and all
documentation associated with such complaint. The certifications required to be submitted to tho EEOC pursuant to this Consent Decree shall be mailed with the notation SWERATON SAND KEY MONITORING to: United States Equal Employment Opportunity Commission, Attention: Office of the Regional Attorney, 1 Biscayne Tower, Suite 2700,2 South Biscayne Boulevard. Miami, Florida 33131,
MONETARY RELIEF 18. Defendant agrees to pay a monetary amount set forth in Exhibit C to resolve this litigation. Ths payments referenced herein shall issue within fifteen (15) calendar days from the Court3 execution of this Decree. The monies shall be distributed as set forth below in Exhibit C attached hereto. 19. If Dofondant fails to tender the above-mentioned payments as set forth in paragraph 18 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.
ENFORCEMENT OF DECREE
20, The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree.

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 7 of 12

- ~ ...-.*'.-, ..

.^. *.... ""---

Case 8:04-cv-OI863-JSM-MAP Document 28-2 Filed 10/03/2005 Page 7 of 12

SEXUAL HARASSMENT
Sexual harassment, defined xi unu~elcosnesexual advances, requests for sexual favors a t x i ather verbal or physical mnduci of 3 sexual nature, any unequal treatment that i s not necessarily or a sexu,rl nature, but whictt is harassing and occurs only to mcmbcrs o l s certain sex, is strictly forbidden by
SheratonS;md Key Rcsorr, I r i s cur policy chat all employees are rcspapnsibk for assuring that our work plscc is free from m y unwelcome behavior. Because ihe howl strongly disapproves of offensive or imppropriatc sexual behavior a; work, et-cryonc must amid an); action or conduct which coulcl be vicwd as
sexual harassment. If you see sexual harawaent, or klicve that you have been sexually harassed
at work, you must bring this to our attcntiona once. %'r suggest you bring the L complaint to thc attention of the Director of iiuman Rcsourccs. You must report your complaint as soan as you bclicve the hsrassrrirrit has occurred.
Ail co~nplaintswill he addressed irnn~cdiatelyand thoroughly investigated. Special privacy safegwrds wit1be applied to prtltrct the privacy of the person ftltng the complaint as well as that of the person accused of rhe harassment. All parties involved will be treated with respcct anddignity. Appropriate corrcctivc action will bc iltkrn to stop rhc fmrassmcnr and provide effrttive remedies.
Human Resources will rrttlira confidcririal documcnrxion of tile ccenr and rhc investigation. When the invcsligadun b comgle~edm, anaganent will take appropriate cctrrcciive mejsures, inctuding discip11n.q action, as justified. to retncdy any violation of this policy.

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 8 of 12

Human Resources

Sheraton Sand Key
RESORT CLEARWATER BEACH
MAJ.WSS1MENT POLICY

This is s writtcu descripaiaa o t a w ealmic :ind Sexual harasstalent policy.
The Resort strictly forbids ethtxlc harassmetic. dcfined as discriminaCion with regards to mcq color, sru, rctigion, iiational origin, age, handicap, disability or marital s r m s or any other bas& that is or may bo prohibited by Intr;
Scruaf harassmatt, defined as unwelcome sexual ad\anc@s,requests for w w a i hvuc. 2nd oltker verbal or physical c o i ~ I u cot f a sexual nature, m y unequsi rrcstrnent that 1s lror rreeesssrily of a sexual nature, but which is harassing and occurs oriiy to members of a certain sen, 1s strictly forbiddcl~by the Resort.
Tt is o w policy that all employees &reresponsible for assuring thar oar work place ii ttec from any un.iveleamc behavior, Bewuse (heResort strong& disnpproves of offensive u r Insppropriate eotim,ientsor sclxunl behavior tit wdfi.orEr,eseqone niusr woid any action or conducr t h a t could be vicwcd as echtiic: or scvual Bnrassment
AU catuphints will bc addressed inmediately and thoroughly investigated. Spechl privacy safeguards wiii be npplied to protect tho privacy o f chc person fiiing the rornphi~lias wIl as that ~f tire p r ~ s o naccused of harassment, Wrc requira you to bring the cump1:iinf so rhe Director o f Humanr resource^, You intist report your complaint as soon as you bclicvt. the imr;zssrncnt hrtr occurred.
AD parties h w l v e d will fac Crcated with dignity and respect. ~pprapris'-ecorrective acriou will be taken to srop rhc harassment and provide efiecrive remedies. Once rhc invesrigarion is completed, managenlent will rake rhe appropriate nx%suresrincluding disciplinary aclioa, :%s justified, to remcdg m y violstion o l chis policy,
By signing this form, I aclioowledpe r i m 1 have mi0 and uadcrstvnd the XZt.sart3snamssment pol icy.

Today% dote

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 9 of 12 Case 8:04-cv-OI863-JSM-MAP Document 28-2 Filed 10/03/2005 Page 9 of 12

EXHIBIT B

NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATED EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND SAND KEY ASSOClATES, LTD. d/b/a SHERATON SAND KEY RESORT

This notice is being posted pursuant to a Consent Decree entered by the Court in
U.S. EEOC vs. Sand Key Associates, Ltd. d/bh Sheraton Sand Key Resort, Civil Action
No. 8:04-CV-1863-JSM Sheraton Sand Key Resort has agreed that it will not discriminate against employees on the basis of gender in violation of Title VII of the Civil Rights Act of 1964 ("Titie V11"). Titlc VII protects individuals from employment
discrimination because of their race, religion, color, national origin, or sex. Sheraton Sand Key Resort will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws.

Furthermore, Sheraton Sand Key Resort. assures its employees that it supports Title Vil and will not take nay action against an individual because hefshe has exercised hidher rights under the law to oppose discriminatory acts or to file charges with the EEOC.

Appropriate corrective action, up to and including termination, shafi be taken against any employeefincluding management personnel) found to violate the poticies regarding discrimination, based upon the circumstances involved.

This notice shall remain posted for throe (3) years from the date signed.
Employees or applicants for employment who have questions about their rights under Title VI1 or any sitter 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.

AGREED TO: FOR THE DEFENDANT: SAND KEY ASSOCIATES. LTD. cfbfa SHERATON SAND KEY RESORT

By: President

DO NOT REMOVE BEFORE

,2008.

93524 13 v l tVEIR'Sami Key Cansen; Decree

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 10 of 12
Case 8:04-cv-OI863-JSM-MAP Document 28-2 Filed 1O/03/2OO5 Page 10 of 12
EXHIBIT C
In order to resolve Civil Action No. 8:04-CV-1863-JSM, U S EEOC V. Sand Key
Associates, Ltd. d/'b/a Sheraton Sand Key Resort, Sand Key Associates. Ltd. Shalt pay the total amount of $1 72,500.00 to be distributed as follows:
a. One Hundred Sixty-Eight Thousand, Five Hundred Dollars ($168,500.00)
shali issue to Robelf D, Weir and be representative of compensatory.
punitive damages, and attorneys' fees and costs and will be in full satisfaction of any and all claims that Robert Weir could have brought against Defendant andlor Richard Mitchen. Defendant shall issue the
check in the amount of S168.500.00 to Robert D. Weir and the Shanafeti
Law Firm, P.A. The check shall be mailed, certiiied return receipt requested. to the Shanafett Law Firm at 803 Turner Street. Cleawater. FL 33756. The Defendant may issue a form 1099 to the Shanafelt Law Firm
for this amount.
b. Four Thousand Doltars ($4.000.00) shall issue to Troy Johnson and be representative of compensatory. punitive damages, and attorneys' fees
and costs and will be in full satisfaction of any and all claims thal Troy Johnson could have brought against Defendant in the suit filed by the
Commission. Defendant shall issue the check in the amount of $4,000.00
to Troy Johnson. The check shall be mailed to Troy Johnson, certified
return receipt requested. at an adds@ssto be provided by EEOC. The
Defendant will issue a form 1099 to Mr. Troy Johnson substantiating same.
c. The payments referenced herein shall issue within fifteen (15) calendar
days from the Court'sentry of this Decree. Copies of the payment checks
shall be forwarded to the attention of Carla J. Von Greiff, Senior Trial Attorney, U.S. Equal Employment Opportunity Commission. 501 East Polk Street, Suite 1000. Tampa, FL 33602.

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DURATION OF CONSENT DECREE
By:

Case 8:04-cv-01863-JSM-MAP Document 30 Filed 10/04/2005 Page 12 of 12 Case 8:04-cv-OI863-JSM-MAP Document 28-2 Filed 10/03/2005 Page 12 of 12

AGREED TO:

FOR THE PLAINTIFF-INTERtJENOR

v - " - By:

*

Date:---

Randall V.Shanafelt

Florida Bar No.

Shanafelt Caw Firm, P.A.

803 Turner Street

Cleawater, FL 33756

Telephone: (727)44 1-8533

Facsimife: (727)441-8541

AGREED TO:
FOR THE DEFENDANT:
SAND KEY ASS

dibia SHERATON SAND

Datc:

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?105155268478822-L_3...

U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:04-cv-01863-JSM-MAP

CLOSED

United States Equal Employment Opportunity Commission v. Sand Key Associates Limited Partnership Assigned to: Judge James S. Moody, Jr Referred to: Magistrate Judge Mark A. Pizzo Cause: 42:1983 Civil Rights Act

Date Filed: 08/12/2004 Date Terminated: 09/19/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States Equal Employment Opportunity Commission

represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth Lawrence Gillespie Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Email: kenneth.gillespie@eeoc.gov TERMINATED: 04/28/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Robert D Weir

represented by Randall V. Shanafelt Shanafelt Law Firm, P.A. 803 Turner St. Clearwater, FL 33756 727-441-8533 Fax: 727-441-8541 Email: RVS@ShanafeltLaw.com ATTORNEY TO BE NOTICED

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V. Defendant Sand Key Associates Limited Partnership
Defendant Rick Mitchum individually Mediator Walter E. Aye TERMINATED: 09/19/2005

represented by Colleen M. Flynn Johnson, Pope, Bokor, Ruppel & Burns, LLP PO Box 1368 911 Chestnut St. Clearwater, FL 33757 727/461-1818 Fax: 727/441-8617 Email: ColleenF@jpfirm.com ATTORNEY TO BE NOTICED
Robert G. Walker, Jr. Law Office of Robert G. Walker, Jr. Suite F 1421 Court St Clearwater, FL 33756-6147 727/442-8683 Fax: 727/441-1895 Email: miller2700@aol.com ATTORNEY TO BE NOTICED

Date Filed 08/12/2004
08/12/2004 08/16/2004 09/01/2004

#

Docket Text

1 COMPLAINT against Sand Key Associates Limited Partnership ; jury demand , filed by United States Equal Employment Opportunity Commission.(jmg) (Entered: 08/12/2004)
2 Summons issued as to Sand Key Associates Limited Partnership. Consent(s) issued. (jmg) (Entered: 08/16/2004)
3 NOTICE of designation under Local Rule 3.05 - track 2 issued on 8/16/2004. (smb) (Entered: 08/16/2004)
4 MOTION to intervene Exhibit A (Complaint of Intervention and Demand for Jury Trial) by Robert D Weir. (Shanafelt, Randall) (Entered: 09/01/2004)

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09/29/2004
10/04/2004 10/04/2004 10/08/2004 10/25/2004 10/27/2004 10/27/2004
10/27/2004
11/02/2004 11/16/2004 12/02/2004 12/06/2004
04/04/2005 04/18/2005
04/27/2005 06/28/2005 06/29/2005

5 ORDER granting 4 Motion to Intervene. The Intervenor (Robert Weir) shall have 15 days from the date of this Order to file his Complaint with the Clerk of Court. Signed by Judge James S. Moody Jr. on 9/29/2004. (len) (Entered: 09/29/2004)
6 INTERVENOR'S COMPLAINT and demand for jury trial , filed by Robert D Weir.(jmg) (Entered: 10/04/2004)
7 Summons issued as to Sand Key Associates Limited Partnership. Consent(s) issued. (jmg) (Entered: 10/04/2004)
8 ANSWER to complaint filed by EEOC by Sand Key Associates Limited Partnership.(Walker, Robert) (Entered: 10/08/2004)
9 Summons issued as to Rick Mitchum. Consent(s) issued. (jmg) (Entered: 10/26/2004)
10 NOTICE of Appearance by Colleen M. Flynn on behalf of Sand Key Associates Limited Partnership (Flynn, Colleen) (Entered: 10/27/2004)
11 AFFIDAVIT of lost summons of Yolanda Johnson re: 2 Summons issued by United States Equal Employment Opportunity Commission, Robert D Weir. (jmg) (Entered: 10/29/2004)
12 RETURN of service executed on 10/4/04 by United States Equal Employment Opportunity Commission, Robert D Weir as to Sand Key Associates Limited Partnership. (jmg) (Entered: 10/29/2004)
13 ANSWER to intervenor complaint by Sand Key Associates Limited Partnership.(Walker, Robert) (Entered: 11/02/2004)
14 ANSWER to intervenor complaint by Rick Mitchum.(jmg) (Entered: 11/17/2004)
15 CASE MANAGEMENT REPORT. (Von Greiff, Carla) (Entered: 12/02/2004)
16 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial Conference set for 2/7/2006 09:00 AM in Courtroom 13 A before Judge James S. Moody Jr. Jury Trial set for trial month commencing 3/6/2006. (See Order for additional deadlines.) Signed by Judge James S. Moody Jr. on 12/6/2004. (len) (Entered: 12/06/2004)
17 NOTICE by United States Equal Employment Opportunity Commission of Substitution of Counsel (Von Greiff, Carla) (Entered: 04/04/2005)
18 NOTICE of unavailability of counsel byUnited States Equal Employment Opportunity Commission from May 27, 2005 to June 13, 2005. (Von Greiff, Carla) (Entered: 04/18/2005)
19 RETURN of service executed on October 28, 2004 by Robert D Weir as to Rick Mitchum. (Shanafelt, Randall) (Entered: 04/27/2005)
20 Joint MOTION to extend time to complete discovery by Sand Key Associates Limited Partnership. (Flynn, Colleen) (Entered: 06/28/2005)
21 ORDER granting 20 Motion to extend time. See order for specific deadlines. Signed by Judge Mark A. Pizzo on 6/29/2005. (JAS) (Entered: 06/29/2005)

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08/08/2005 08/08/2005 08/30/2005 09/01/2005 09/15/2005 09/19/2005 10/03/2005
10/04/2005 10/04/2005 10/05/2005 11/08/2006

22 NOTICE by Sand Key Associates Limited Partnership of Scheduled Mediation (Flynn, Colleen) (Entered: 08/08/2005)
23 NOTICE by Sand Key Associates Limited Partnership of Scheduled Mediation (Corrected) (Flynn, Colleen) (Entered: 08/08/2005)
24 STIPULATION of the Parties to Take Witness Deposition Outside of the Discovery Period by United States Equal Employment Opportunity Commission. (Von Greiff, Carla) (Entered: 08/30/2005)
25 NOTICE by Sand Key Associates Limited Partnership of Rescheduled Mediation (Flynn, Colleen)Mediation set for 9-9-05 at 10:00 a.m. before Mediator Walter Aye. Modified on 9/2/2005 (len) (Entered: 09/01/2005)
26 MEDIATION REPORT: Hearing held on 9/9/05; Hearing outcome: settled(kit) (Entered: 09/16/2005)
27 60-DAY ORDER OF DISMISSAL. All pending motions, if any, are DENIED as moot. The Clerk is directed to close the file. Signed by Judge James S. Moody Jr. on 9/19/2005. (len) (Entered: 09/19/2005)
28 CONSENT DECREE by United States Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Von Greiff, Carla) Modified on 10/4/2005 (jlh, ). COPY OF CONSENT DECREE ONLY; NOT SIGNED BY JUDGE. (Entered: 10/03/2005)
29 STIPULATION of Dismissal with Prejudice and without fees and costs by Sand Key Associates Limited Partnership. (Flynn, Colleen) (Entered: 10/04/2005)
30 CONSENT DECREE. Signed by Judge James S. Moody Jr. on 10/4/2005. (len) (Entered: 10/04/2005)
31 ENDORSED ORDER approving 29 Joint Stipulation for Dismissal With Prejudice. Signed by Judge James S. Moody Jr. on 10/5/2005. (len) (Entered: 10/05/2005)
32 *DOCUMENT TERMINATED - INCORRECT CASE NUMBER ON DOCUMENT* MEDIATION REPORT Hearing held on October 31, 2006 Hearing outcome: Settled(cda) Modified on 11/9/2006 DOCUMENT HAS BEEN FILED IN APPROPRIATE CASE # 8:05CV1832 (cda). (Entered: 11/08/2006)

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 EEOC LITIGATION SETTLEMENT REPORT - October 2005

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

EEOC Litigation Settlements October 2005
EEOC v. Sand Key Associates, Ltd., d/b/a Sheraton Sand Key Resort No. 8:04-cv-1863-T-30MAP (M.D. Fla. Oct. 4, 2005)
The Miami District Office filed this Title VII gender case against defendant, a Clearwater, Florida hotel, alleging that a male supervisor sexually harassed charging party, a male cook, and other male kitchen employees in the hotel's restaurant. The objectionable conduct included grabbing buttocks, blowing kisses, and sexual advances, and defendant took no corrective action despite charging party's complaints.
The charging party intervened in the suit and also sought recovery directly from Rick Mitchen, the alleged harasser. Under the 3-year consent decree resolving this case, defendant will pay $172,500 in monetary relief to charging party and an additional claimant (they will receive $168,500 and $4,000, respectively). Defendant is enjoined from engaging in conduct that adversely affects the terms and conditions of any individual's employment based on gender in violation of Title VII and from retaliation. Defendant agrees that within 15 days of entry of the decree it will place a written disciplinary warning in party-defendant Rick Mitchen's employee file explicitly stating that he is being disciplined for violating the Company's policy against sexual harassment and that any future violations of the policy will result in immediate discharge.

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