Case 5:02-cv-00169-WTH Document 1 Filed 06/14/2002 Page 1 of 7
u-JL !fILED

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

20n2 JUN 14 PH~: 44

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CIVIL ACTION NO. 6: c) ~c.-u J~ct-(£ /(''b1J

v.
MORGAN TIRE & AUTO, INC. d/b/a OLSON TIRE COMPANY,

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 John Floridia and other similarly situated males, who were adversely affected

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

Mr. Floridia and other similarly situated male employees were sexually harassed by Howard Cooper,

a management official and supervisor for the Defendant's corporation. The Commission further

alleges that the harassment persisted despite Mr. Floridia's and other similarly situated males'

complaint(s) to the Defendant. As a result of the sexual harassment and the Defendant's failure to

take prompt, remedial action, the employment conditions for Mr. Floridia and other similarly situated

males, were so intolerable that they were forced to resign their positions.

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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 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, Ocala 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)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Morgan Tire & Auto, Inc. d/b/a Olson Tire Company (the "Employer"), has continuously been a Florida corporation doing business in the State ofFlorida and the City of Ocala, 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, John Floridia filed charges with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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7. Since at least September 1999, Defendant Employer engaged in unlawful employment practices at its Ocala, Florida facility, in violation of Section 703(a) ofTitle VII, 42 U.S.C. § 2000e2(a) which included the following:
a) John Floridia was regularly subjected to sexual harassment by Service Manager Howard Cooper 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. John Floridia made it known to Mr. Cooper and other management officials of Defendant that such conduct was unwelcome. Furthermore, Defendant Employer failed to exercise reasonable care to prevent and correct the sexually harassing behavior even after being placed on notice.
b) The sexually harassing behavior endured by John Floridia resulted in a significant change in his employment status, culminating in a tangible employment action by a supervisor with immediate authority.
c) On or about May 2000, John Floridia was forced to resign his position as salesman because the conditions of his employment were so intolerable (due to the persistent harassment by his supervisor because of his sex and Defendant's failure to take prompt remedial action) that a reasonable person subjected to the same or similar conduct and tangible employment actions would have been compelled to resign.
d) Other similarly situated male employees were regularly SUbjected to sexual harassment by Service Manager Howard Cooper in the form of unwelcome physical and verbal conduct ofa sexual nature which was sufficiently severe and pervasive to constitute an intimidating, hostile and offensive work environment. These other
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Case 5:02-cv-00169-WTH Document 1 Filed 06/14/2002 Page 4 of 7
similarly situated male employees made it known to Mr. Cooper and other management officials of Defendant that such conduct was unwelcome. Furthermore, Defendant Employer failed to exercise reasonable care to prevent and correct the sexually harassing behavior even after being placed on notice. e) The sexually harassing behavior endured by these other similarly situated male employees resulted in a significant change in their employment status, culminating in a tangible employment action by a supervisor with immediate authority. t) Some ofthese similarly situated male employees were forced to resign their position as salesmen because the conditions of their employment were so intolerable (due to the persistent harassment by their supervisor because of their sex and Defendant's failure to take prompt remedial action) that a reasonable person subjected to the same or similar conduct and tangible employment actions would have been compelled to resign. 8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive John Floridia 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 ofJohn Floridia 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 John Floridia and other similarly situated male employees, by providing appropriate back pay with prejudgement interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration of benefits and positive future employment references. D. Order Defendant Employer, to make whole John Floridia 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, medical expenses, job search expenses, and relocation expenses, in amounts to be determined at trial. E. Order Defendant Employer, to make whole John Floridia and other similarly situated male employees, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofin paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to be
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determined at trial. F. Order Defendant Employer, to pay John Floridia and other similarly situated male
employees, punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and 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.
NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL FARRELL Supervisory Trial Attorney
Senior Trial Attorney FL BarNo. 0864137
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Case 5:02-cv-00169-WTH Document 1 Filed 06/14/2002 Page 7 of 7 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard, Suite 2700 Miami, Florida 33131 Tel. (305) 530-6009 Fax (305) 536-4494
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 Case 5:02-cv-00169-WTH Document 12 Filed 10/23/2002 Page 1 of 14
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FILED

IN THE UNITED STATES DISTRICT COURT

vf

FOR THE MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

2302 OCT 23 AM JI: 14

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, JOHN FLORID lA, and ANNETTE FLORID lA, his wife,
Plaintiffs,
v.

CIVIL ACTION NO.: S:02-CV-169-0C-l06RJ

MORGAN TIRE & AUTO, INC. d/b/a OLSON TIRE COMPANY,

Defendant. ------------------------/
COMPLAINT AND DEMAND FOR JURY TRIAL

COMES NOW, the Plaintiffs, JOHN FLORIDIA and ANNETTE FLORID lA, his wife, by and through their undersigned counsel, and hereby sue Defendant, MORGAN TIRE &

AUTO, INC., (hereinafter referred to as "Defendant") and state as follows:

JURISDICTION AND VENUE

1. Plaintiff, JOHN FLO RID lA, is a citizen and resident of Marion County,

Dunnellon, Florida.

2. Defendant, MORGAN TIRE & AUTO, INC., is an active Florida corporation authorized to do business in the State of Florida and within the jurisdiction of this Honorable Court. Defendant maintains a business facility at 3400 S.E. Pine Avenue, Ocala, FL in

Marion County, Florida, and the alleged and unlawful practices were committed in Marion

County, Florida, and within the jurisdiction of this Court. Defendant, at all material times, employed more than 15 employees.

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3. Plaintiff has complied fully with all prerequisites to jurisdiction in this Court under Title VII and the Florida Civil Rights Act. Jurisdiction of this Court is proper under §706(f)(3) of Title VII, 42 U.S.c. §2000e-s(f)(3). Jurisdiction of this claim under the Florida Civil Rights Act of 1992, §760.01 et seq., Florida Statutes, as well as the tort claims described more fully herein, is proper under the doctrine of pendant jurisdiction.
4. Venue is proper under 28 U.S.c. §1391 (b) and 42 U.S.c. §2000e-s(f)(3). The Defendant corporations are authorized to do business and are doing business in the State of Florida and within the jurisdiction of this Honorable Court in Ocala, Florida. The alleged unlawful practices were committed in Marion County and in the State of Florida, and within the jurisdiction of this Honorable Court.
5. On or about May 26, 2000, Plaintiff filed a timely Charge of Discrimination alleging discrimination on the basis of his sex with the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Copy of said Charge is attached hereto and marked as Exhibit "A ".
6. On or about July 25, 2001, Plaintiff received a "cause determination" from the Equal Employment Opportunity Commission. Copy of said "cause determination" is attached hereto and is marked as Exhibit "8 ".
7. The sexual harassment which violates rights guaranteed to the Plaintiff under Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act, were done with malice and requisite disregard for Plaintifrs protected rights.
ALLEGATIONS COMMON AS TO ALL CAUSES OF ACTION 8. Plaintiff realleges and incorporates herein paragraphs 1 through 7 with same force and effect as set forth herein.

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9. Plaintiff is a male and up until the time of his resignation on or about April 27, 2000, an employee of the Defendant, and all materials times hereto performed his job duties fully and at or above the standards of the Defendant.
10. Plaintiff was regularly subjected to sexual harassment by Service Manager Howard Cooper 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. John Floridia made it known to Mr. Cooper and other management officials of Defendant that such conduct was unwelcome. Furthermore, Defendant Employer failed to exercise reasonable care to prevent and correct the sexually harassing behavior even after being placed on notice.
11. The sexual harassing behavior endured by John Floridia resulted in a significant change in his employment status, culminating in a tangible employment action by a supervisor with immediate authority.
12. On or about April 27, 2000, John Floridia was forced to resign his position as a salesman because the conditions of his employment were so intolerable (due to the persistent harassment by his supervisor because of his sex and Defendant's failure to take prompt remedial action) that a reasonable person subjected to the same or similar conduct and tangible employment actions would have been compelled to resign. The unlawful employment practices complained of herein were intentional, committed with malice, or with reckless indifference to the federally and state protected rights of John Floridia and other similarly situated male employees.

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COUNT I STATE CIVIL RIGHTS ACT VIOLATION SEX DISCRIMINATION (SEX HARASSMENT) 13. Plaintiff re-alleges and incorporates herein paragraphs 1 through 12 of this Complaint with the same force and effect as is set forth herein. 14. The practices of the Defendant constitute unlawful discriminatory employment practice within the meaning of the Florida Civil Rights Acts of 1992, §760.01 et seq., Florida Statutes. 15. As a result of the Defendant's discriminatory acts, Plaintiff has suffered and will continue to suffer monetary damages and damages for mental anguish and humiliation unless and until this Court grants relief. COUNT 11- STATE ClAIM FOR RETALIATION 16. Plaintiff re-alleges and incorporates herein paragraphs 1 through 15 of this Complaint with the same force and effect as is set forth fully herein. 17. Defendant or Defendant's agents have retaliated against the Plaintiff and have denied him opportunities for employment on the basis of his having complained of discrimination, in violation of the Florida Civil Rights Act of 1992, §760.01 et seq., Florida Statutes. 18. Plaintiff is now suffering and will continue to suffer irreparable injury and monetary damages as a result of the Defendant's retaliatory practices unless and until this Court grants relief.

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COUNT III STATE CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
19. Plaintiff re-alleges and incorporates herein paragraphs 1 through 18 of this Complaint with the same force and effect as is set forth fully herein.
20. The actions of manager Howard Cooper described herein, and as set forth above, were carried out within the course and scope of his employment in that they occurred during regular business hours on properties own by Defendant or on which Defendant was employed to carry out specific job duties, and occurred while Defendants' were carrying out their job duties as supervisor(s) of JOHN FLORIDIA.
21 . The actions described herein as well as the actions of other employees constitute the following:
a. The deliberate and reckless infliction of mental suffering against the Plaintiff;
b. Outrageous conduct that was so outrageous in character and so extreme as to go beyond all possible bounds of decency as to be regarded as outrageous and utterly intolerable in a civilized community; and
c. Caused Plaintiff to suffer severe emotional distress and physical injuries.
22. Defendant failed to take appropriate action against Howard Cooper, who sexually harassed or retaliated against the Plaintiff, and physically and mentally tormented the Plaintiff. Defendant therefore condoned and perpetuated said acts. As a result, Plaintiff has suffered and will continue to suffer injury until this Court grants relief.

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COUNT IV - STATE QAIM FOR NEGLIGENT TRAINING, SUPERVISION AND RETENTION
23. Plaintiff re-alleges and incorporates herein paragraphs 1 through 22 of this Complaint with the same force and effect as is set forth herein.
24. Defendant owed a duty to Plaintiff to provide him with a work environment free from discrimination, intimidation, humiliation and harassment.
25. Defendant breached this duty based upon the allegations set forth herein. 26. Plaintiff complained to Defendant and Defendant's representatives, regarding their sexual harassment and discriminatory conduct by Plaintiff's supervisors and employees, but Defendant's rna nagement or agents failed to take corrective steps designed to ameliorate the discriminatory actions of the Plaintiff's rna nager, Howard Cooper. 27. Defendant knew or should have known of their Management's propensities to discriminate against and harass males due to Plaintiff's complaints and the discriminatory practices by Defendant's management, and the fact that described herein acted in the ways described herein in front of all employees. 28. Defendant created a hostile work environment for men and perpetuated, encouraged, and condoned harassment and retaliation of the Plaintiff. 29. The Defendants negligently trained, supervised and retained Howard Cooper, and other employees and agents in that:
a. Defendant retained said employees as supervisors notwithstanding actual or constructive knowledge of discriminatory actions and comments towards the Plaintiff and retaliatory conduct based upon his sex or complaints of sexual harassment or complaints of illegal acts.

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b. Defendant retained said supervisors despite the actions described herein.
30. Notwithstanding Defendant's actual or constructive knowledge of the behavior described herein, no appropriate action was taken by the Defendant.
31. Defendant negligently trained and supervised said employees in that they permitted them to engage in discriminatory and harassing behavior and then to retaliate against the Plaintiff. Defendant did not have in place an anti-harassment or retaliation policy, did not train supervisors, or conduct proper investigation upon encountering evidence of sex discrimination, whether actual or constructive, and intentionally retaliated against the Plaintiff due to his reports of same.
32. Defendant failed to engage in any background checks as to Howard Cooper or other employees and failed to undertake meaningful investigation or conclusion of any actions reported by any employee or the Plaintiff which were in violation of the rights of Plaintiff or other employees.
33. The actions of Defendant caused Plaintiff to suffer severe emotional distress and physical injury and resulted in great financial loss.
COUNT V - BATTERY 34. Plaintiff realleges and repeats the allegations set forth in paragraphs 1-33 hereof as if fully set forth herein. 35. Throughout his employment with the Defendant, Manager, Howard Cooper, intended to cause the Plaintiff fear of imminent injury or intended to actually touch or injure the Plaintiff, in that he physically grabbed him about his body, on numerous occasion, rubbed up against him with his genitals, and other physical acts of touching, without legal justification.

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36. The actions of Howard Cooper in battering the Plaintiff occurred in the course and scope of their employment.
37. The actions of Howard Cooper occurred while he was supervising the Plaintiff, or otherwise directing him as to how to do his job and were activated at least, in part, by the purpose to serve the Defendant. The actions occurred during business hours and on the Defendants' place of business in Ocala, Marion County, Florida.
38. The actions of Howard Cooper were ratified by the Defendant or Defendants' agents in that the Defendant knew or should have known, due to the pervasiveness, of the harassment of the actions of Howard Cooper, and failed to intervene or to put a stop to his conduct.
39. Defendant, or Defendants through their agents and representatives, created a hostile environment and encouraged, condoned, and authorized discrimination and harassment of Plaintiff thereby directing or encouraging the acts of Howard Cooper.
40. The acts of the Defendant were willful and wanton, and in utter disregard of the rights of the Plaintiff.
WHEREFORE Plaintiff prays for a judgment against Defendant for compensatory and punitive, damages, including costs, and interest and all other relief this Honorable Court deems just and demands a trial by jury on all issues so triable.
COUNT VI - VIOLATION OF FLORIDA STATUTE §448.1 02 41 . Plaintiff realleges and repeats the allegations set forth in paragraphs 1-40 hereof as if fully set forth herein. 42. Prior to Plaintiff's resignation on April 27, 2000, Howard Cooper and/or managers of Olson Tire, in the course and scope of their employment did direct, coerce, and

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otherwise attempt to force Plaintiff to bill clients for unnecessary work or bill for work never completed, or asked him to condone same.
43. When Plaintiff refused, he was disciplined or otherwise retaliated against and subsequently constructively discharged.
44. The actions of Defendant were willful, outrageous, and in utter disregard of the rights of the Plaintiff so as to constitute a malicious act, and the Defendant was at all times acting within the course and scope of his employment and for the benefit of his employer.
45. Plaintiff resigned on April 27, 2000 due to the retaliation for Plaintiff threatening to disclose the practice of the Defendant in violation of law, rule or regulation or otherwise refusing or protesting participation within the meaning of Florida Statute §448.102(3).
46. Plaintiff brought the aforementioned violations of law to the attention of Howard Cooper, in writing and afforded the Defendant a reasonable opportunity to correct the activity, policy, or practice, or otherwise objected to or refuse to participate in any activity, policy or practice to the employer which in violation of law, rule or regulation within the meaning of Florida Statute §448.102(3).
47. Plaintiff has retained the undersigned attorney to represent him in this action, and has agreed to pay her a reasonable fee for her services.
WHEREFORE, the Plaintiff, JOHN FLO RID lA, demands judgment against the Defendant, MORGAN TIRE & AUTO, INC., for compensatory damages, including damages for mental anguish, lost wages and benefits in the past and in the future, punitive damages, costs and any and all other relief this Honorable Court deems just and demands a trial by jury for all issues so triable.

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COUNT VII - CONSORTIUM CLAIM OF ANNETTE FLORIDIA 48. Plaintiffs reallege and incorporate by reference herein paragraphs 1 through 47. 49. At the time of the injury described above, ANNETTE FLORIDIA, was the lawful wife of JOHN FLORIDIA. 50. That as a direct and proximate result of the violations by the Defendant, the Plaintiff, ANNETTE FLORIDlA, has lost the society of services and companionship of her husband and has incurred expenses for medical/psychological treatment of her husband.
COUNT VIII-PRAYER FOR RELIEF 51. Plaintiff re-alleges and incorporates herein paragraphs 1 through 50 of this Complaint with the same force and effect as is set forth herein. 52. WHEREFORE, Plaintiff prays for judgement against Defendant for compensatory damages, including costs, interest and attorney's fees pursuant to Title VII and the Florida Civil Rights Act, and all other relief this Honorable Court deems just and demands a trial by jury on all issues so triable. Plaintiff respectfully prays for judgment against the Defendant as follows:
a. Declaring the acts and practices complained of are in violation of Title VII and the Florida Civil Rights Act and other violations of State law;
b. Directing the Defendants to place the Plaintiff in the position that he would have occupied but for the Defendants' discriminatory and retaliatory treatment of him and make his whole for all earnings he would have received but for the Defendants' discriminatory and retaliatory treatment;

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c. Awarding Plaintiff compensatory and punitive damages with statutory
interest, pursuant to Federal and State law;
d. Awarding Plaintiff the costs of this action, together with reasonable
attorney's fees as provided by the specific provisions of Florida Civil Rights Act and Title
VII, as amended;
e. Directing the Defendants to pay Plaintiff compensatory damages and
damages for his mental anguish, pain and suffering, and humiliation; and
f. Granting such other and further relief as this Court deems necessary and
proper.
JURY DEMAND
53. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff,
JOHN FLORIDlA, herein demands trial by jury on all issues in this action.
BOGIN, MUNNS & MUNNS
BY:~~'~
PAMELA BOUNDS OLSEN, ESQUIRE 2215 S.E Fort King Street Suite A Ocala, Florida 34471 Telephone: (352) 690-7400 Facsimile: (352) 690-6618 Florida Bar No: 089411 7 Attorneys for Plaintiffs, John and Annette Floridia

Case 5:02-cv-00169-W)TH Document 12

Filed 10/23/2002
)

CHARGE OF DISCRIMINATION

AGENCY
FEPA
-.X... EEOC

This form is affected by the Privacy Act of 1974, See Privacy Act Statement before completing this form.

Page 12 of 14
CHARGE NUMBER

NAME (Indicate Mr. Ms., Mrs.) JOHN FWRIDIA

Florida Commission on Human Relations and EEOC
State or local Agency, ifOI!Y
HOME TELEPHONE (Include Area Code)
(352) 861-1607

STREET ADDRESS CITY, STATE AND ZIP CODE 10665 S.w. 1\0111 ST , DUNNELLON, FL 34432

DATE OF BIRTH
1214164
Social Security Number: 266-71'{)387

NAMED IS THE EMPLOYER, LABOR ORGANlZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE, STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (Ifmore than OM list below.)

NAME DON OLSON TIRE

NUMBER OF EMPLOYEES, MEMBERS
300+

TELEPHONE (Include Area Code) (352) 732-5200

STREET ADDRESS

CITY, STATE AND ZIP CODE

3400 S.E PINE AYE .. OCALA, FL 34471

COUNTY
MARION

NAME MORGAN TIRE AND AlITOMOTIVE. INC. STREET ADDRESS. CITY, STATE AND ZIP CODE 2021 SUNNYDALE BLVD., CLEARWATER, FL 33765

TELEPHONE (800) 269-4424
COUNTY
PINELLAS

CAUSE OF DISCRIMINATION BASED ON (Check appropriate box(es))

_RACE

COLOR XSEX

RELIGION

NATIONAL ORIGIN

~RETAUATION

AGE

DISABILITY _ _ OTHER (Specify) Pregnancy

DATE DISCRIMINATION TOOK PLACE

EARLIEST

UTEST

SEPTEMBER 1999 APRIL 2000

-x- -CONTINUING ACTION

THE PARTICULARS ARE (Ifadditional space is needed, anach extra sheet(s)): I. STATEMENT OF DISCRIMINATION: Beginning September 1999 Service Manager Howard Cooper constantly made sexual remarks, propositions, and touched me in an offensive and unwelcome manner. He would constantly make comments about his sex life and ask me about mine and proposition me for sex. I felt that his propositions were a term and condition of my employment and it adversely affected the terms and conditions of my employment. When I rejected his sexual advances, I was treated differently than other employees and my employment was threatened by him. Mr. Howard even exposed his genitals as he propositioned me.

II. RESPONDENT'S REASON FOR ADVERSE ACTION. None given.

III. STATEMENT OF HARM: I have been sexually harassed and discriminated against on the basis of my gender (male) and have been retaliated against when I rejected sexual advances or complained of same. Service Manager Howard Cooper had control and authority over me and he abused said control and authority. My rights pursuant to Title VII, the Civil Rights Acts, as amended, and the Florida Civil Rights Act have been violat~d and I have suffered financially and emotionally as a result. Service Manager Howard Cooper had a history of this kind of behavior and Don Olson Tire/Morgan Tire and Automotive intentionally put him in a position of controlling authority knowing his past and history of sexual harassment and discrimination.

_ I want this charge filed with both the EEOC and the State or local Agency. If an) I will ad\,l~ Ole agencies If I change my address or telephone number and cooperate fully \\ith them In the processing of my charge In accordance With their procedures

NOTARY- (When necessary for State and Local ReqUirementsI I swear or aOirm that I have read the above charge and that 11 IS true to the best of my knowledge, information and belief

n<'rltlrv1hat the forcgolflg is true and correct
6 J,j 4/ 0 eli i . .l0 " Charging Party (Signa/lire)

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE

_

(Day, month, and year)

C ~ '7 A t) L / I~I

{j

0.H4-\fli{-(Ac

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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Miami District Office

One Biscayne Tower

2 South Biscayne Blvd., Suite 2100
MlaJDi,-FL33f1t - .

PH: (305) 536-4491

TDD: (305) 536-5121

FAX: (305) 536-4011

EEOC Charge No. 150 AO 2592

John Floridia 10665 SW 110th Street Dunnellon, FL 34432

-- - -~ ....--- -

-~~-- -~-

Charging Party

. --. ~ -

-- - .-

- -,

--

-----. - -

Don Olson TireIMorgan Tire and Automotive, Inc. c/o Sue Carroll, VP, Human Resources 3400 SE Pine Avenue Ocala, FL 34471

Respondent

LEITER OF DETERMINATION

I issue the following detennination on the merits of this charge.
Respondent is an employer within the meaning of Title VII of the Civil Rights Act (Title VII) of 1964, as amended, and timeliness, deferral and all other requirements for coverage have been met.
Charging Party alleged that he was discriminated against in violation of Title vn in that he was
SUbjected to a hostile work environment which included offensive sexual remarks and unwelcome physical touching of a sexual nature. Furthennore, the Charging Party alleges that Respondent retaliated against him for complaining. Charging Party also claims that due to the continued harassment, he was compelled to resign.
I have detennined that the evidence obtained during the investigation establishes that there is reasonable cause to believe that violations of the statute has occurred.
Examination of the evidence of record shows that the Charging Party and similarly situated individuals were subjected to sexual harassment and compelled to resign to escape the intolerable working conditions. Furthennore, the evidence substantiates that Charging Party was subjected to unlawful retaliation.
Upon finding that there is reason to believe that violations have occurred, the Commission attempts to eliminate the alleged unlawful practices by infonnal methods of conciliation. Therefore, the Commission now invites the parties to join with it in reaching ajust resolution of this matter. The confidentiality provisions of Sections 706 and 709 of Title VII and the Commission Regulations apply to infonnation obtained . conciliation.

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Letter ofDetennination
EEOC Charge No. ISO AO 2592 .
Page 2
I
J
~ If the Respondent declines to discuss settlement or when, for any other reason, a settlement acceptable to the office Director is not obtained, the Director will inform the parties and advise them of the court enforcement alternatives available to aggrieved persons and the Commission.,~
Please respond to this invitation to conciliate in writing by August 2, 2001. Failure to respond will be deemed a denial of the invitation.

JUL25 ~01
Date

On Behalf of the Commissio .

Enclosure: Invitation to Conciliate
cc: Charging Party's Representative
Pamela Bounds Olsen, Esq. Law Offices of Bogin, Munns & Munns 2215 S.E. FT. King Street, Suite A Ocala, FL 34471

Respondent Representative
William E. Curphey, III, Esq. Shumaker, Loop and Kendrick 101 E. Kennedy Blvd. Suite 2800 Tampa, FL 33602-5150

 
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Case 5:02-cv-00169-WTH Document 27 Filed 06/02/2003 Page 1 of 6
FilED

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, JOHN FLORIDIA, and ANNETTE FLORIDIA,

L~~3 J]F~ -2 At; /0: 05
CLEP.i\, uS. C'~)i.:lCi COURT OCtI'"\L;-\\ Ii:.'L~01fI:lL1""1--'<\\'

Plaintiff,

-vs-

Case No. 5:02-cv-169-0c-10GRJ

MORGAN TIRE & AUTO, INC., d/b/a OLSON TIRE COMPANY,

Defendant.
----------------------------------------~/
ORDER

This action comes before the Court on the Defendant's "Motion to Dismiss" (Doc.

23), to which the Floridias have responded (Doc. 25). The motion is ripe for decision and

the Court concludes that it is due to be denied.

Background

The United States Equal Opportunity Employment Commission initiated this Title VII

action to provide relief for John Floridia and other male employees who were allegedly

sexually harassed by Howard Cooper, a management official and supervisor for the

Defendant's corporation (Doc. 1). The Floridias intervened in this matter1 and assert the

following state law claims: Count I and II for sexual harassment and retaliation under the

Florida Civil Rights Act; Count III for intentional infliction of emotional distress; Count IV for

See Doc. 11, Order granting the Floridias' motion for intervention and directing the Clerk to file their complaint, Doc. 12.

Case 5:02-cv-00169-WTH Document 27 Filed 06/02/2003 Page 2 of 6

negligent training, supervision and retention; Count V for battery; and Count VI for loss of consortium (Doc. 12. Specifically, the Plaintiff John Floridia alleges that in addition to the "verbal conduct of a sexual nature," Cooper "physically grabbed him about his body, on numerous occasion[s], rubbed up against him with his genitals, and [committed] other physical acts of touching" (Doc. 12).
The Defendant moves to dismiss Count '" for intentional infliction of emotional distress and Count V for battery. The Defendant contends that it cannot be liable for these intentional torts because Cooper was acting outside the scope of his employment, and that it cannot be liable for intentional infliction of emotion distress because Cooper's acts, even if true, were not "outrageous."
Motion to Dismiss Standard In passing on a motion to dismiss under Rule 12(b)(6), as distinguished from a motion for summary judgment under Rule 56, the Court is mindful that "[d]ismissal of a claim on the basis of barebones pleadings is a precarious disposition with a high mortality rate."2 As the Supreme Court declared in Conley v. Gibson, a complaint should not be dismissed for failure to state a claim unless it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief."3 Thus, if a

2
1968).

Int'l Erectors, Inc. v. Wilhoit Steel Erectors Rental Servo 400 F.2d 465, 471 (5th Cir.

3

Conleyv. Gibson, 355 U.S. 41, 45-46,78 C. Ct. 99,101-02,2 L.Ed 80 (1957). See

also Cook & Nichol. Inc. v. The Plimsoll Club, 451 F.2d 505 (5th Cir. 1971).

2

Case 5:02-cv-00169-WTH Document 27 Filed 06/02/2003 Page 3 of 6

Complaint "shows that the Plaintiff is entitled to any relief that the Court can grant, regardless of whether it asks for the proper relief," it is sufficiently plead.4
Discussion 1. Respondent Superior Liability Florida law provides that "[u]nder the doctrine of respondent superior, an employer cannot be held liable for the tortious or criminal acts of an employee, unless the acts were committed during the course of the employment and to further a purpose or interest, however excessive or misguided, of the employer."s In particular, it is insufficient to simply allege that the employer was on notice of an employee's misconduct;6 rather, a plaintiff must allege that the employee's conduct was: (1) of the kind he was employed to perform; (2) substantially within the time and space limits authorized or required by the work to be performed; or (3) activated, at least in part, by a purpose to serve the employer.7 In this action, the Plaintiff alleges that the Defendant was on notice of Cooper's misconduct, that such misconduct occurred within the course and scope of employment,

4

Dotschay v. Nat. Mut. Ins. Co., 246 F.2d 221 (5th Cir. 1957).

5

Iglesia Cristiana v. L.M., 783 So. 2d 353, 356 (Fla. 3d DCA 2001).

6

See. e.g .. Resley v. Ritz-Carlton Hotel Co., 9899 F. Supp. 1442, 1448 (M.D. Fla.

1997) (stating that "[t]he standard for an employer's liability for its employee's intentional torts

under Florida's common law doctrine of respondent superior is different from the standard for an

employer's liability for a hostile work environment under Title V""); Ayers v. Wal-Mart Stores. Inc.,

941 F. Supp. 1163, 1169 (M.D. Fla. 1996) (stating that while notice of an employee's actions is

"relevant to a corporation's liability for sexual harassment under Title VII, notice to Wal-Mart does

not affect the analysis of respondent superior liability for the state common law tort claims.").

7

Iglesia, 783 So. 2d at 356-357.

3

Case 5:02-cv-00169-WTH Document 27 Filed 06/02/2003 Page 4 of 6
and that the Defendant "encouraged, condoned, and authorized discrimination and harassment of Plaintiff thereby directing and encouraging the acts of Howard Cooper" (Doc. 12). Thus, although sexual batteries are generally outside the scope of employment,8 a review of the complaint in a light most favorable to the Plaintiff reveals that the Plaintiff has sufficiently alleged that Cooper was acting in the course of his employment, to further a purpose or interest of the Defendant.9 Accordingly, the Defendant's motion to dismiss is due to be denied.
2. Intentional Infliction of Emotional Distress
Florida law imposes a high burden upon a plaintiff alleging intentional infliction of emotional distress: "a plaintiff must allege that the conduct goes beyond all bounds of decency and is regarded as atrocious and utterly intolerable in a civilized society."10 Indeed, Florida courts have refused to permit claims for intentional infliction of emotion distress predicated solely on allegations of verbal sexual abuse in the workplace. 11 Courts

8

kl at 357.

9

See Sparks v. Jay's A.C. & Refrigeration. Inc., 971 F. Supp. 1433, 1440 (M.D. Fla.

1997); Vernon v. Medical Management Assoc., 912 F. Supp. 1549, 1556-1557 (S.D. Fla. 1996).

10 Scelta v. Delicatessen Supoort Services. Inc., 57 F. Supp. 2d 1327, 1357 (M.D. Fla. 1999) (citing Metropolitan Live Insurance Co. v. McCarson, 467 So. 2d 277 (Fla. 1985».

11

De La Campav. GrifolsAmerica, Inc., 819 So. 2d 940, 943-944 (Fla. 3d DCA 2002);

Johnson v. Thigpen, 788 So. 2d 410, 413 (Fla. 1st DCA 2001).

4

. .' •

Case 5:02-cv-00169-WTH Document 27 Filed 06/02/2003 Page 5 of 6

have, however, recognized a claim for intentional infliction of emotional distress where persistent verbal abuse is coupled with repeated offensive physical contact. 12
The Plaintiff alleges that he was "physically and mentally tormented" and that on numerous occasions he was grabbed, rubbed, and touched by Cooper (see Doc. 12). Thus, although the Court is not in a position to conclude as a matter of law that the alleged misconduct is "outrageous" or "intolerable in a civilized society," the Plaintiff has plead facts sufficient to survive the Defendant's motion to dismiss on this issue. Accordingly, the Defendant's motion to dismiss is due to be denied.
Conclusion Upon due consideration and for the forgoing reasons, it is ordered that the Defendant's "Motion to Dismiss" (Doc. 23) is DENIED in all respects.

IT IS SO ORDERED. DONE and ORDERED at Ocala, Florida this

Z, cI day of June, 2003.

Copies to:&unSel of Record
~aurya McSheehy

UNITED STATES DISTRICT JUDGE

12 Johnson, 788 So. 2d at 414; Vernon, 912 F. Supp. at 1560-1561. 5

Case 5:02-cv-00169-WTH Document 27 Filed 06/02/2003 Page 6 of 6
F I L E COP Y
Date Printed: 06/02/2003
Notice sent to:
John C. Weaver, Esq. Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd, Suite 2700 Miami, FL 33131
Thomas H. Loffredo, Esq. Holland & Knight LLP 701 Brickell Ave., Suite 3000 P.O. Box 015441 Miami, FL 33131-5441
Erika R. Royal, Esq. Holland & Knight LLP 701 Brickell Ave., Suite 3000 P.O. Box 015441 Miami, FL 33131-5441
Joseph H. Calvin III, Esq. Gordon, Silberman, Wiggins & Childs, P.C. 1400 Southtrust Tower Birmingham, AL 35203
Pamela Bounds Olsen, Esq. Bogin, Munns & Munns 2215 S.E. Ft. King St., Suite A Ocala, FL 34471

 
 Case 5:02-cv-00169-WTH Document 30
)

Filed 08/27/2003
)

IN THE UNITED STATES DISTRlCT COURT FOR THE MIDDLE DISTRlCT OF FLORIDA
OCALA DMSION

Page 1 of 11
fILED
~

UNITEDSTATESEQUALEMWLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.

CNIL ACTION NO.: 5:02-CV-169-0C-l OGRJ

MORGAN TIRE & AUTO, INC. d/b/a OLSON TIRE COMPANY,
Defendant.
------------------------------_/
CONSENT DECREE 1. This Consent Decree ("Decree") is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), and Defendant, Morgan Tire & Auto, Inc., d/b/a! Olson Tire Company (hereinafter referred to as "Defendant" or "Morgan Tire"). The Co..rp.missian~~~_u~ Morgan Tire are collectively referred to herein as "the Parties." 2. On June 14, 2002, the EEOC initiated this action against Morgan Tire in the United States District Court for the Middle District of Florida, Ocala Division. EEOC's
Complaint alleged that Morgan Tire violated Title vn of the Civil Rights Act of 1964, 42
U.S.C. Section 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991, by SUbjecting John Floridia and other similarly situated male employees to sexual harassment in the
21250.5.wpd

Case 5:02-cv-00169-WTH Document 30
)

Filed 08/27/2003 Page 2 of 11
)

form ofa hostile work environment and constructive discharge. Defendant denies the allegations. During the discovery phase ofthis case, the EEOC identified John Rogers as a "similarly
situated individual" whom it alleges was subjected to sexual harassment in the form of a hostile work environment and constructively discharged.
3. In the interest of resolving this matter 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.
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:
JURISDICTION 4. This Court has jurisdiction ofthe subject matter ofthis action and over the Parties for the purposes of entering and enforcing this Decree.1

1 The tenus, conditions and obligations of this Decree are limited to the Defendant's retail automotive facilities and its affected employees at the following locations: Eustis (Store #5031), Inverness (Store #5040), St. Petersburg (Store #5055), Ocala-West (Store #5065), Gainesville-North (Store #5067), Gainesville-South (Store #5068), Tallahassee North Monroe (Store #5070), Tallahassee West Tennessee (Store #5071), Tallahassee Capital Circle (Store #5072), Tallahassee Apalachee (Store #5073), Leesburg (Store #5082), Gainesville Main Street (Store #6051), Gainesville 13th Street (Store #6052), Gainesville University (Store #6053), Ocala-Central (Store #6054), Pensacola-Fairfield (Store #7001), Pensacola-Ensley (Store #7002), Pensacola-Davis Highway (Store #7003), Gulf Breeze (Store #7004) and Ft. Walton Beach (Store #7005).

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Case 5:02-cv-00169-WTH Document 30
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Filed 08/27/2003 Page 3 of 11
)

GENERAL INJUNCTIVE PROVISIONS
5. Defendant will not engage in conduct which violates Title vn by adversely
subjecting employees to a hostile working environment because oftheir being of the same sex. 6. Defendant will not discriminate or retaliate against any person because of that
person's giving oftestimony or assistance, or participation in any investigation, proceeding or hearing in connection with this action.
TRAINING 7. Defendant has established a written sexual harassment policy which is attached hereto as Exhibit A. A complete copy of this policy shall be distributed to all its current employees within sixty (60) days from the entry date ofthis Decree. Defendant further agrees that all new employees will be provided a copy of the policy within one week of employment. 8. In order to further ensure the effective implementation ofDefendanfs antidiscrimination policies, Defendant will conduct a two (2) hour annual training session throughout the duration ofthis Decree for all ofits store managers and its District Manager, with specific emphasis on recognizing sexual harassment and the proper procedure to be followed if they become aware of sexual harassment in the workplace and/or ifthey receive a complaint of such harassment. Defendant agrees to 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 trainer and of the training materials to be used at the training session, and the name and job title of the employees scheduled to be in attendance at the training. Additionally, Defendant agrees that the EEOC may, at the EEOC's discretion, be in attendance

21250.5.wpd

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Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 4 of 11
)

at each training session(s). 9. Defendant agrees that the initial annual training described in paragraph 8 shall be
conducted within sixty (60) days from the entry date ofthis Decree, and should thereafter take place annually in the same fonnat for the duration ofthis Decree. Defendant further agrees that the training described in paragraph 8 shall be given to all new store managers and District Managers, who have not attended a prior annual training, within thirty (30) days ofbeing hired in such position.

POSTING 10. Defendant will post, within fourteen (14) days from the Court's execution ofthis Decree, a laminated 812 x 11" sized copy of the Notice attached hereto as Exhibit B at all of Defendant's facilities for the duration ofthis Decree in conspicuous locations accessible to all employees (i.e. employee bulletin board or lunch room).
MONITORING 11. Defendant will retain all employment records relating in anywayto any complaint made to a store manager, district manager or human resource officer ofsexual harassment at any of Defendant's facilities for the duration of this Decree and as required by federal law. 12. For the duration ofthis Decree, Morgan Tire will provide the EEOC every six (6) months from the entry date of this Decree with the name, last known address and last known phone number ofany employee who has complained to his or her store manager, district manager or the Human Resources Department, that he or she has been subjected to sexual harassment while working for the Defendant during the preceding six (6) months. Morgan Tire will also

21250.5.wpd

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Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 5 of 11

)

)

state its actions taken in response to each such allegation. The first report shall be submitted no later than seven (7) months from the entry date of this Decree. Morgan Tire will provide upon request by the Commission (a) a copy of the complaint, or ifno written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the actions taken; and (c) outcome regarding such complaint.
MONETARY RELIEF
13. Defendant shall pay a lump sum in the amount of$7,500.00 in resolution of Mr. John Rogers's claims in this litigation. The monies shall be distributed as set forth below:
a. $ 1,000.00 shall be representative of lost wages for Mr. Rogers, less amounts required to be withheld for federal, state, and local income taxes. Defendant will also issue an IRS W-2, and shall be responsible for the payment of the employer's share of any federal, state and local, income taxes, and social security withholdings.
b. $6,500.00 shall be representative ofcompensatory and punitive damages for Mr. Rogers. Defendant will also issue an I.R.S. form 1099 to Mr. Rogers substantiating same.
c. All payments referenced in paragraph 13a-b shall be made within fifteen (15) calender days from the Court's execution ofthis Decree, by certified mail to: Mr. John Rogers, 468 S.E. 170th Avenue, Silver Springs, Florida 34488 and Morgan shall provide the EEOC with verification ofthe same.

21250.5.wpd

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Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 6 of 11

)

)

ENFORCEMENT OF DECREE 14. If Defendant fails to tender the above-mentioned payments as set forth in paragraph 13 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 of the Defendant. 15. The parties shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree. However, neither party shall seek such judicial enforcement unless it has first (i) given the other party a written notice of its intention to seek judicial enforcement, which notice shall specify the alleged breach for which judicial enforcement shall be sought and (ii) provided the other party at least fifteen (15) days to cure any alleged breach of any term of this Decree. 16. The Court will take whatever measures necessary to effectuate the terms of this Decree.
COSTS 17. Each Party shall bear its own costs and expenses, including attorneys' and experts' fees, associated with this litigation.

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Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 7 of 11

)

)

DURATION OF CONSENT DECREE 18. The duration of this Decree shall be three (3) years from the date of entry ofthe Decree.

darJ' ' Z'I~
SO ORDERED, ADJUDGED AND DECREED, this day of

2003.

WM. TERRELL HODGES UNITED STATES DISTRICT JUDGE

21250.5.wpd

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Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 8 of 11

)

)

AGREED TO:
FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

by: ~3U?tyt!Q1.J." VK~
Derner Franklin-Thomas

8/, Date:

z. / 03

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) 536-4494

AGREED TO: FOR THE DfIIE
Morgan Tire 5i.
by: JOs~ep. Ca III ill, Esquire Couns I for Defendant GO N, SILBERMAN, WIGGINS & CHILDS, P.e. 1400 SouthTrust Tower Birmingham, Alabama 35203-3204 Tel.: (205) 328-0640 Fax: (205) 254-1500

Date: i/1/t)~ ~(

21250.5.wpd

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Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 9 of 11

)

) EXHIBIT A

};> Harassment, Including Sexual Harassment
We expect every person at Tires Plus to be treated with fairness, respect
and dignity. Accordingly, any form of harassment related to an individual's race, color, se)(, religion, marital status, nattonal origin. citizenship status.
age, or disability is a violation of this policy and will be treated as a dIsciplinary matter, up to and induding dismissal

For these purposes. the term harassment includes slurs. offensive remacks.

jokes, graphic materlal, or any other offensive velbal, written or physical

conduct

.

Unwelcome se)(ual advances. requests for sexual favors and any ~ther unwelcome and unbecoming verbal or physical conduct will not be- tolerated and submissionJo such behavior is not a conditiat1 of employment for any Tires Plus business partner.

Sexual harassment occurs when a managerial or supervisory business partner threatens or insinuates that a business partne(s refusal to submit to sexual advances will affect the business partne(s employment. evaluation, pay, advancement. job responsibilities, shifts, or any other condition of employment or career development.

Sexual harassmeRt also includes unwelcome or offensive sexual flirtation, advance. proposibon. staring or touching; vernal abuse of a sexual nature; graphic verbal commentary about an individual's body; sexually degrading words used to describe someone of a particuf~r sex; and display in the wock place of sexuaUy-suggestive objects, pictures, or documents containing sexually offensive language

This conduct is unacceptable whether between employees or other persons with whom there is on-the-job contact, such as vendors and customers.

There are steps you can take if there is a problem conceming sexual harassment Business partners who believe they have been subjected to sexual harassment or who belIeve that such behavior has occurred should inform the perpetrator (preferably at the time of the unwelcome advance) of the specific behavior that is unWelcome, and request the perpetrator to
stop. If you are not comfortable with this approach, or if the problem
continues, contact that person's immediate Supervisor for aSSistance. If the problem is caused by a person with supervisory authority. or if previous attempts have not solved the problem. you may go directly to a Divisjonal President or the Chief Executive Officer at any time regarding matters of sexual harassment or questions about this policy.

The company will investigate aU complaints and will endeavor to handle these matters expeditiously, conf1dentially. and in a professjonal manner so as to protect the offended individual and other individuals providing relevant information. Whet1 the situation is fully understood by management, prompt and appropriate action will be taken. There will be no discrimination against anyone for stepping forward with a concern regarding any type of harassment.

If you believe you have been the victim of harassment, report it immediately to your Supervisor, Department Head, District Manager, Regional Vice President. or to the Human Resources hotline at 1-888-882-3497.

Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 10 of 11

)

)

EXHIBITB
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND
MORGAN TIRE COMPANY d/b/a OLSON TIRE COMPANY
This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC vs. Morgan Tire & Auto. Inc.. d/b/a! Olson Tire Company, Civil Action No.5 :02-CV-169-0C1OGRJ. Morgan Tire will not tolerate discrimination against employees in violation ofTitle VII of the Civil Rights Act of 1964 ("Title Villi). Title VII protects individuals from employment discrimination because of their race, religion, color, national origin, and sex. Title VII also protects individuals from retaliation for having complained ofan unlawful employment practice. Morgan Tire will not condone employment discrimination ofany kind as set forth in federal antidiscrimination laws, including, but not limited to, sexual harassment.
Furthermore, Morgan Tire assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised hislher 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.
Employees should report instances ofpossible sexual harassment internally to members of Morgan Tire management or other individuals authorized to receive such complaints by Morgan Tire's anti-discrimination and anti-harassment policies. Morgan Tire has established policies and procedures to investigate promptly any such reports and to protect the employee making such report from retaliation. Employees may also file complaints alleging sexual harassment with the nearest EEOC office. More information about the EEOC is available at www.eeoc.gov or 1-800-669-4000.
Signed this __ day of _ _ _ _ _, 2003.

PRESIDENT, MORGAN TIRE & AUTO, INC.

DO NOT REMOVE BEFORE _ _ _ _ 2006.
21250.5. wpd

Case 5:02-cv-00169-WTH Document 30 Filed 08/27/2003 Page 11 of 11

Date Printed: 08/28/2003

F I L E COP Y

Notice sent to:
Gedety N. Serralta, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
5:02-cv-00169 lmf
John C. Weaver, Esq. Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd, Suite 2700 Miami, FL 33131
5:02-cv-00169 lmf
Thomas H. Loffredo, Esq.
Holland & Knight
One E. Broward Blvd., Suite 1300 P.O. Box 14070 Ft. Lauderdale, FL 33302-4070
5:02-cv-00169 lmf
Erika R. Royal, Esq. Holland & Knight LLP 701 Brickell Ave., Suite 3000 P.O. Box 015441 Miami, FL 33131-5441
5:02-cv-00169 lmf
Joseph H. Calvin III, Esq. Gordon, Silberman, Wiggins & Childs, P.C. 1400 Southtrust Tower Birmingham, AL 35203
5:02-cv-00169 lmf
Pamela Bounds Olsen, Esq. Bogin, Munns & Munns 2215 S.E. Ft. King St., Suite A Ocala, FL 34471
5:02-cv-00169 lmf

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 1 of 5

CLOSED, FRC, GRJ
U.S. District Court Middle District of Florida (Ocala) CIVIL DOCKET FOR CASE #: 5:02-cv-00169-WTH

EEOC v. Morgan Tire & Auto Assigned to: Senior Judge Wm. Terrell Hodges Demand: $0 Cause: 28:451 Employment Discrimination

Date Filed: 06/14/2002 Date Terminated: 09/16/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportuntiy Commission

represented by Gedety N. Serralta Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 TERMINATED: 09/27/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff John Floridia
Intervenor Plaintiff

John C. Weaver Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd, Suite 2700 Miami, FL 33131 305/536-7247 Email: john.weaver@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Pamela Bounds Olsen Bogin, Munns & Munns 1396 N.E. 20th Ave., Bldg. 400 Ocala, FL 34470 352/690-7400 Fax: 352/690-6618 Email: ehetchler@boginmunns.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?741558136412351-L_353_0-1

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Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 2 of 5

Annette Floridia his wife V. Defendant Morgan Tire & Auto, Inc. doing business as Olson Tire Company
Intervenor Defendant Morgan Tire & Auto, Inc. doing business as Olson Tire Company

represented by Pamela Bounds Olsen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Erika R. Royal Holland & Knight, LLP Suite 1300 One E Broward Blvd Ft Lauderdale, FL 33301 954/525-1000 Fax: 954/463-2030 Email: erika.royal@hklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph H. Calvin, III Wiggins Childs Quinn @ Pantazis, LLC
301 19th Street North The Kress Building Birmingham, AL 35203 205/314-0563 Fax: 205/254-1500 Email: jcalvin@wcqp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas H. Loffredo Holland & Knight One E. Broward Blvd., Suite 1300 P.O. Box 14070 Ft. Lauderdale, FL 33302-4070 954/525-1000 Email: tom.loffredo@hklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Erika R. Royal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph H. Calvin, III (See above for address) LEAD ATTORNEY

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?741558136412351-L_353_0-1

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Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 3 of 5

Date Filed 06/14/2002 06/14/2002 06/17/2002 06/21/2002 08/28/2002 08/28/2002 08/29/2002 09/19/2002 09/26/2002 09/26/2002 09/27/2002
10/01/2002 10/22/2002

ATTORNEY TO BE NOTICED
Thomas H. Loffredo (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT filed; jury demand; injunctive relief sought. (lmf) (Entered: 06/17/2002)

SUMMONS(ES) issued for Morgan Tire & Auto. Consent(s) issued. (lmf) (Entered: 06/17/2002)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Gary R. Jones (lmf) (Entered: 06/17/2002)

2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (mam) (Entered: 06/21/2002)

3 MOTION by Morgan Tire & Auto to extend time to 9/25/02 to answer or otherwise plead referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 08/28/2002)

4 NOTICE of attorney appearance of Thomas H. Loffredo, Erika R. Royal and Joseph H. Calvin, III for Morgan Tire & Auto by Thomas H. Loffredo (lmf) (Entered: 08/28/2002)

5 ORDER granting [3-1] motion to extend time to 9/25/02 to answer or otherwise plead, setting answer due for 9/25/02 for Morgan Tire & Auto (Signed by Magistrate Gary R. Jones) ctc (ail) (Entered: 08/29/2002)

6 MOTION by John Floridia and Annette Floridia with memorandum in support to intervene and for leave to file complaint referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 09/20/2002)

7 ANSWER and Affirmative Defenses to [1-1] complaint by Morgan Tire & Auto, Inc. (lmf) (Entered: 09/26/2002)

8 MOTION by EEOC to substitute attorney Gedety N. Serralta with Nicholas Inzeo, Gwendolyn Y. Reams and Delner Franklin-Thomas referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 09/26/2002)

9 ORDER granting [8-1] motion to substitute attorney Gedety N. Serralta; terminated attorney Gedety N. Serralta for EEOC; added attorney John C. Weaver for EEOC. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 09/30/2002)

10 NOTICE that John C. Weaver is substitution of Counsel for the EEOC (lmf) (Entered: 10/02/2002)

11 ORDER granting [6-1] motion to intervene and [6-2] motion for leave to

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?741558136412351-L_353_0-1

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10/23/2002 11/06/2002 11/06/2002 11/14/2002 11/19/2002 12/04/2002 12/04/2002 12/05/2002 12/06/2002 12/10/2002 12/10/2002
12/11/2002

file complaint. The clerk is directed to file the Floridia's Complaint. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 10/23/2002)
12 INTERVENOR'S COMPLAINT by John Floridia and Annette Floridia against Morgan Tire & Auto, Inc. (lmf) (Entered: 10/23/2002)
13 CASE MANAGEMENT REPORT (lmf) (Entered: 11/06/2002)
SUMMONSES issued for Morgan Tire & Auto. Consents issued. (lmf) (Entered: 11/06/2002)
14 NOTICE OF HEARING: set preliminary pretrial conference for 2:30 12/10/02 scheduled for Magistrate Judge Gary R. Jones (Signed by Deputy Clerk) ctc (dfd) (Entered: 11/14/2002)
15 RETURN of service executed as to Morgan Tire & Auto on 11/12/02. Answer due on 12/2/02 for Morgan Tire & Auto. (lmf) (Entered: 11/20/2002)
16 AGREED MOTION by Morgan Tire & Auto with memorandum in support to appear telephonically at preliminary Pretrial Conference referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 12/05/2002)
17 ORDER granting [16-1] agreed motion for parties to appear telephonically at preliminary Pretrial Conference. Counsel for Morgan Tire Company shall initiate the conference call. ( Signed by Magistrate Gary R. Jones ) ctc (lmf) (Entered: 12/05/2002)
18 MOTION by Morgan Tire & Auto to extend time for 5 days to answer or otherwise plead referred to Magistrate Judge Gary R. Jones (lmf) (Entered: 12/05/2002)
19 ORDER granting [18-1] motion to extend time for 5 days to answer or otherwise plead. Reset answer due for 12/9/02 for Morgan Tire & Auto ( Signed by Magistrate Judge Gary Jones ) ctc (lmf) (Entered: 12/06/2002)
20 PRELIMINARY PRETRIAL CONFERENCE held on 12/10/02 before Magistrate Judge Gary R. Jones. Case Management and Scheduling Order to Enter. Tape/Que#: 02-37/2011-2786 (lmf) (Entered: 12/11/2002)
21 ORDER setting the following deadlines; Expert Disclosure by Plaintiff at 5/23/03; Expert Disclosure by Defendant at 6/27/03; Deadline to complete mediation at 4/30/03; Discovery Deadline at 8/22/03; Dispositive Motion Deadline at 9/30/02 and Final Pre-Trial Conference at 1/21/04 and Trial Term Commencing to 2/2/04. The Clerk is directed to issue a case management and scheduling order reflecting the foregoing deadlines. ( Signed by Magistrate Judge Gary R. Jones ) ctc (lmf) (Entered: 12/11/2002)
22 ANSWER and Affirmative Defenses to [12-1] intervenor complaint by Morgan Tire & Auto (lmf) (Entered: 12/12/2002)

https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?741558136412351-L_353_0-1

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Electronic Case Filing | U.S. District Court - Middle District of Florida - Docket Report Page 5 of 5

12/11/2002 12/13/2002 12/18/2002 12/27/2002
06/02/2003 06/17/2003 08/21/2003 08/27/2003 09/11/2003 09/15/2003
09/16/2003 09/16/2003

23 MOTION by Morgan Tire & Auto with memorandum in support to dismiss Counts III and V of the Complaint of John and Annette Floridia (lmf) (Entered: 12/12/2002)
24 REPLY to affirmative defenses by John Floridia and Annette Floridia (lmf) (Entered: 12/13/2002)
25 RESPONSE by John Floridia and Annette Floridia to [23-1] motion to dismiss Counts III and V of the Complaint (lmf) (Entered: 12/19/2002)
26 CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 8/22/03 ; dispositive motion filing deadline for 9/30/03; Pretrial conference for 9:00 1/21/04 ; Jury trial set for weeks of 2/2, 2/9, and 2/16/04 ; Scheduled for Sr. Judge Wm. T. Hodges ( signed by Deputy Clerk ) ctc (mam) (Entered: 12/27/2002)
27 ORDER denying in all respects [23-1] motion to dismiss Counts III and V of the Complaint of John and Annette Floridia ( Signed by Sr. Judge Wm. T. Hodges ) ctc (lmf) (Entered: 06/02/2003)
28 ANSWER and Affirmative Defenses to [12-1] intervenor complaint by Morgan Tire & Auto (lmf) (Entered: 06/17/2003)
29 NOTICE of filing consent decree for court approval by EEOC and Morgan Tire & Auto (proposed consent decree attached) (lmf) (Entered: 08/22/2003)
30 CONSENT DECREE by EEOC and Morgan Tire & Auto. ( Signed by Sr. Judge Wm. T. Hodges on 8/27/03) (lmf) (Entered: 08/28/2003)
31 JOINT STIPULATION of dismissal by John Floridia, Annette Floridia and Morgan Tire & Auto (lmf) (Entered: 09/11/2003)
32 ORDER dismissing action with prejudice , each party to bear their own costs. The clerk is directed to enter judgment accordingly, terminate any pending motions and close the file. ( Signed by Sr. Judge Wm. T. Hodges on 9/12/03 ) ctc (lmf) Modified on 09/16/2003 (Entered: 09/16/2003)
33 JUDGMENT entered. Civil appeals checklist mailed. ( Signed by Deputy Clerk ) ctc (lmf) (Entered: 09/16/2003)
CASE CLOSED. (lmf) (Entered: 09/16/2003)

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https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?741558136412351-L_353_0-1

4/18/2007