Case 3:00-cv-01084-HES Document 1

Flly Filed 09/29/2000 Page 1 of 10

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JACKSONVILLE DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

Plaintiff,

)

v.

)

)

THOMPSON & WARD LEASING CO., INC, )

)

Defendant,

)

and

)

)

PHYSICIANS LEASING CO., INC., d/b/a )

PHYSICIANS LEASING CO. OF OHIO

)

)

Defendant.

)

)

CIVIL ACTION NOIII 0.tv- 108 4 -J... 20 ~
COMPLAINT JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

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 retaliation,

and to provide appropriate relief to Theresa Denise McWilliams and any other similarly situated

female(s) who were adversely affected by such practices. As stated with greater particularity in

paragraph 10, the Equal Employment Opportunity Commission (hereinafter the "EEOC" or

"Commission") alleges that Ms. McWilliams, a female, and other similarly situated female(s)

were sexually harassed and that the harassment persisted despite complaints to the Defendant.

As a result of the sexual harassment and the Defendant's failure to take prompt, remedial action,

Ms. McWilliams and other similarly situated female(s) were subjected to unwelcome sexual

comments and/or physical contact because of their sex, which created a hostile work environment.

\

Case 3:00-cv-01084-HES Document 1 Filed 09/29/2000 Page 2 of 10
Furthermore, as a result of reporting such harassment, Ms. McWilliams was subsequently retaliated against by being subjected to disparate terms and conditions of her employment and ultimately subjected to a retaliatory discharge.
JURISDICTION AND VENUE 1. Jurisdiction ofthis 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(t)(1) and (3) of Title vn of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(t)(1) and (3) ("Title Vn") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Section 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, Jacksonville Division.
PARTIES 3. Plaintiff, the EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement of Title vn, and is expressly authorized to bring this action by Section 706(t)(1) and (3) of Title vn, 42 U.S.C. Section 2000e-5(t)(1) and (3). 4. At all relevant times, Defendant, Thompson & Ward Leasing Company, Inc., (the "Employer"), has continuously been an Ohio corporation doing business in the State of Florida and the City of Saint Augustine, and has continuously had at least 15 employees.
2

Case 3:00-cv-01084-HES Document 1 Filed 09/29/2000 Page 3 of 10
5. At all relevant times, Defendant, Physicians Leasing Co., Inc., d/b/a, Physicians Leasing Co. of Ohio (the "Employer"), has continuously been an Ohio corporation doing business in the State of Florida and the City of Saint Augustine, and has continuously had at least 15 employees.
6. At all relevant times, Defendant Thompson & Ward Leasing Company, Inc., 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).
7. At all relevant times, Defendant Employer Physicians Leasing Co., Inc., 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 8. More than thirty days prior to the institution of this lawsuit, Theresa Denise McWilliams filed a charge with the Commission alleging violations of Title VII by Defendant Employer Thompson & Ward Leasing Company, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. More than thirty days prior to the institution of this lawsuit, Theresa Denise McWilliams filed a charge with the Commission alleging violations of Title VII by Defendant Employer Physicians Leasing Co., Inc. All conditions precedent to the institution of this lawsuit have been fulfilled.
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Case 3:00-cv-01084-HES Document 1 Filed 09/29/2000 Page 4 of 10
lO(a). Since at least January 1998, Defendant Employer Thompson & Ward Leasing Company, Inc., has engaged in unlawful employment practices at its Saint Augustine, Florida, facility, in violation of Section 703(a)(1) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a) which included the following:
(1) Theresa Denise McWilliams and other similarly situated female(s) were regularly subjected to vulgar language, abusive behavior, sexual remarks of a personal nature, pornography, profanity, and/or physical touching. Moreover, Ms. McWillaims and other similarly situated female(s) were subjected to unwelcome physical sexual contact because of their sex which was sufficiently severe and pervasive to affect the terms and conditions of their employment and to create an intimidating, hostile and offensive work environment. Ms. McWilliams made it known to the harasser(s) that such conduct was unwelcome. The Defendant's management was placed on notice of the unwelcome sexual harassment through Ms. McWilliams complaints to the Defendant Employer Thompson & Ward Leasing Company, Inc. Nevertheless, Defendant Employer failed to take prompt remedial action and the sexual harassment continued. Defendant Employer is liable for the behavior which Ms. McWilliams and other similarly situated female(s) were subjected to during their employment with Defendant.
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(2) Within days of Ms. McWilliams complaining to management about the harassment, Defendant Employer Thompson & Ward Leasing Company, Inc., subjected Ms. McWilliams to disparate terms and conditions of employment. She was subjected to heightened scrutiny when compared to those who had not complained and shortly thereafter, she was terminated. Such actions by the Defendant Employer were in retaliation for her opposition to Defendant's sexual harassment.
1O(b). Since at least January 1998, Defendant Employer Physicians Leasing Co., Inc., has engaged in unlawful employment practices at its Saint Augustine, Florida, facility, in violation of Section 703(a)(1) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 2000e3(a) which included the following:
(1) Theresa Denise McWilliams and other similarly situated female(s) were regularly subjected to vulgar language, abusive behavior, sexual remarks of a personal nature, pornography, profanity, and/or physical touching. Moreover, Ms. McWillaims and other similarly situated female(s) were subjected to unwelcome physical sexual contact because of their sex which was sufficiently severe and pervasive to affect the terms and conditions of their employment and to create an intimidating, hostile and offensive work environment. Ms. McWilliams made it known to the harasser(s) that such conduct was unwelcome. The Defendant's management was placed on notice of the unwelcome sexual harassment through Ms. McWilliams complaints to the Defendant Employer Physicians Leasing Co.,
5

Case 3:00-cv-01084-HES Document 1 Filed 09/29/2000 Page 6 of 10
Inc. Nevertheless, Defendant Employer failed to take prompt remedial action and the sexual harassment continued. Defendant Employer is liable for the behavior which Ms. McWilliams and other similarly situated female(s) were subjected to during their employment at Defendant. (2) Within days of Ms. McWilliams complaining to management about the harassment, Defendant Employer Physicians Leasing Co., Inc., subjected Ms. McWilliams to disparate terms and conditions of employment. She was subjected to heightened scrutiny when compared to those who had not complained and shortly thereafter, she was terminated. Such actions by the Defendant Employer were in retaliation for her opposition to Defendant's sexual harassment. 11. The effect of the practice(s) complained of in paragraph 10 above has been to deprive Theresa Denise McWilliams and other similarly situated female(s) of equal employment opportunities and otherwise adversely their status as employees because of their sex and/or in retaliation for any opposition to unlawful employment practices. 12. The unlawful employment practices complained of in paragraph 10 above were intentional. 13. The unlawful employment practices complained ofin paragraph 10 above were done with malice or with reckless indifference to the federally protected rights of Theresa Denise McWillaims and other similarly situated individuals.
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PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer Thompson & Ward
Leasing Company, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice. B. Grant a permanent injunction enjoining Defendant Employer Physicians Leasing Co., Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice. C. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its unlawful employment practices. D. Order Defendant Employer Physicians Leasing Co., Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its unlawful employment practices.
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Case 3:00-cv-01084-HES Document 1 Filed 09/29/2000 Page 8 of 10
E. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to make whole Theresa Denise McWillaims and any other similarly situated female(s) by providing appropriate back pay with prejudgment 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 any pertinent benefIts and positive future employment references.
F. Order Defendant Employer Defendant Employer Physicians Leasing Co., Inc., to make whole Theresa Denise McWillaims and any other similarly situated female(s) by providing appropriate back pay with prejudgment 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 any pertinent benefIts and positive future employment references.
G. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to make whole Theresa Denise McWillaims and any other similarly situated female(s), by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 10 above, including but not limited to, out of pocket losses, medical expenses, job search expenses, in amounts to be determined at trial.
8

Case 3:00-cv-01084-HES Document 1 Filed 09/29/2000 Page 9 of 10
H. Order Defendant Employer Physicians Leasing Co. to make whole Theresa Denise McWillaims and any other similarly situated female(s), by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 10 above, including but not limited to, out of pocket losses, medical expenses, job search expenses, in amounts to be determined at trial.
I. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to make whole Theresa Denise McWilliams and any other similarly situated female(s) by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to be determined at trial.
J. Order Defendant Employer Physicians Leasing Co., Inc., to make whole Theresa Denise McWilliams and any other similarly situated female(s) by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to be determined at trial.
K. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to pay Theresa Denise McWilliams and any other similarly situated female(s) punitive
9

Case 3:00-cv-01084-HES Document 1 Filed 09/29/2000 Page 10 of 10
damages for its malicious and reckless conduct described in paragraph 10 above, in amounts to be determined at trial. L. Order Defendant Employer Physicians Leasing Co., Inc., to pay Theresa Denise McWilliams and any other similarly situated female(s) punitive damages for its malicious and and reckless conduct described in paragraph 10 above, in amounts to be determined at trial.
M. Grant such further relief as the Court deems necessary and proper in the public interest.
N. 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.
C. GREGORY STEWART General Counsel GWENDOLYN REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney
~~~
PAULINE TERRELONGE Senior Trial Attorney State Bar Number 113896 (California) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 501 E. Polk Street, 10th Floor Tampa, Florida 33602 Tele: (813)228-2240
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Case 3:00-cv-01084-HES Document 8 Filed 01/16/2001 Page 1 of 5

OOOEC \ 9 AM 9: S5

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

OPPORTUNITY

)

)

)

)

Plaintiff,

)

)

v.

)

)

THOMPSON & WARD LEASING CO., INC., )

)

Defendant,

)

CIVIL ACTION NO: 3:00-CV-1084-J-20A

and

)

)

PHYSICIANS LEASING CO., INC. d/b/a)

PHYSICIANS LEASING CO. OF OHIO

)

)

Defendant.

)

)

and

)

)

THERESA MCWILLIAMS,

)

)

Applicant for Intervention

)

---------------------------------)

INTERVENING COMPLAINT

Theresa McWilliams sues the Defendants under Title VII of

the Civil Rights Act of 1964, as amended, for damages and states:

1. The Defendants are sued for violating Title VII, as

amended, by the Civil Rights Act of 1991, 42 U.S.C. §2000(e) et

seq. This Court has jurisdiction of the Intervening Plaintiff's

Title VII action by virtue of 28 U.S.C. §1331. The Intervening

Plaintiff, McWilliams, is a "person aggrieved" by the unlawful

conduct of the Defendants as contemplated by 42 U.S.C. §2000(e-

f) (f) (1).

Case 3:00-cv-01084-HES Document 8 Filed 01/16/2001 Page 2 of 5
2. At all relevant times, Defendant, Thompson & Ward Leasing Company, Inc., has been an Ohio corporation doing business in the State of Florida in Duval and St. Johns Counties and has continuously had at least 15 employees.
3. At all relevant times, Defendant, Leasing Physicians Company, Inc., has been an Ohio corporation doing business in the State of Florida in Duval and St. Johns Counties and has continuously had at least 15 employees.
4. At all relevant times, the Defendants operated as an "integrated enterprise" with integrated personnel functions, management and finances.
5. At all relevant times, the Defendants have been an
employer as contemplated by 42 u.s.c. §2000 E (2) (a)1.
6. The Intervening Plaintiff, McWilliams, has timely filed a charge of discrimination with the EEOC and all conditions precedent to the institution of this lawsuit have been fulfilled.
7. Between January of 1998 and January of 1999, McWilliams, was employed by Thompson & Ward Leasing Co., Inc., to work for Physicians Leasing Co. in their local offices which were at varying times located in Duval and St. Johns County, Florida.
8. At all times McWilliams performed her job duties in a satisfactory manner and was in all respects qualified to perform her job duties with the Defendants.
9. Beginning in January of 1998, McWilliams was subjected
2

Case 3:00-cv-01084-HES Document 8 Filed 01/16/2001 Page 3 of 5
to unlawful sexual harassment in the work place consisting of vulgar language, abusive behavior, sexual remarks of a personal nature, pornography, profanity, and/or physical touching. This conduct was directed at the Intervening Plaintiff and other females, in her presence, because of their sex, and was sufficiently severe and pervasive to affect the terms and conditions of her employment and create a hostile and offensive work environment. Ms. McWilliams made it known to the harassers that such conduct was unwelcome.
10. At all times material, the Defendants failed to have any policies concerning sexual harassment in the work place. Notwithstanding this, the Defendants' managerial employees were aware of the unwelcome sexual harassment both by virtue of witnessing said conduct and by virtue of the complaints of Ms. McWilliams and other similarly situated females.
11. The Defendants failed to take prompt remedial action concerning sexual harassment and allowed it to continue.
12. The Intervening Plaintiff, McWilliams, made complaints concerning the sexual harassment to managerial employees with the Defendants and as a result was subjected to retaliation in the form of heightened scrutiny where compared to those who had not complained, and termination when she persisted in making complaints. These actions by the Defendant employer were in retaliation for the Intervening Plaintiff's protected speech in
3

Case 3:00-cv-01084-HES Document 8 Filed 01/16/2001 Page 4 of 5
opposition to the sexual harassment occurring in the work place. 13. The unlawful employment practices complained of above
were at all times intentional, and were done with malice or reckless indifference to the federally protected rights of Theresa McWilliams.
14. The Intervening Plaintiff has retained the undersigned attorney and has agreed to pay him a reasonable fee for his services.
15. As a direct and proximate result of the harassing conduct of the Defendants the Intervening Plaintiff, McWilliams has sustained damages in the form of lost wages, lost earning capacity, expenses for counseling, medical expenses, lost benefits, mental anguish, humiliation, and other compensatory damages.
WHEREFORE, the Intervening Plaintiff demands judgment against the Defendants for damages, punitive damages, attorneys' fees and costs and requests a jury trial on all issues so triable.
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Case 3:00-cv-01084-HES Document 8 Filed 01/16/2001 Page 5 of 5

CERTIFICATB OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been

furnished to Pauline Terrelonge, Esq., US. EEOC, 501 East Polk

Street, Room 1020, Tampa, Florida 33602 and Donald W. Weidner,

Esquire, 11265 Alumni Way, Suite 201, Jack ville, Florida

32246, by U. S. Mail, this ~ day of D ce

,2

IB~

ATTORNEY

 
 Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 1 of 10

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, and
THERESA McWILLIAMS,
Plaintiff-Intervener

Case No.: 3:00-cv-l084-J-20TEM

v.
THOMPSON & WARD LEASING CO., INC., and PHYSICIANS LEASING CO., INC. d/b/a PHYSICIANS LEASING CO. OF OHIO,
Defendants.

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ORDER This cause is before the Court on the following Motions:

1) Defendants' Motion for Summary Judgment on Plaintiffs Complaint (Doc. No. 31, filed

November 1,2001) and Plaintiff s Response in Opposition (Doc. No. 51, filed November 16,2001);

2) Defendants' Motion for Summary Judgment on Plaintiff-Intervener's Complaint (Doc. No.

33, filed November 1,2001) and Plaintiff-Intervener's Memorandum of Law in Opposition (Doc.

No. 53, filed November 16,2001);

3) Intervening Plaintiffs and Plaintiffs Joint Motion for Partial Summary Judgment and

Request for Oral Argument (Doc. No. 41, filed November 2,2001) and Defendants' Memorandum

in Opposition (Doc. No. 52, filed November 16,2001); and

1

Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 2 of 10
4) Plaintiffs' Joint Motion for Leave to File Amended Complaints to Conform with the Evidence and Accurately Reflect the Name of One ofthe Defendants (Doc. No. 49, filed November 13,2001) and Defendants' Memorandum in Opposition (Doc. No. 54, filed November 19,2001).
All of the motions are now ripe for resolution. I
I. Background The facts as stated herein are not in dispute unless otherwise noted, and are drawn from the
pleadings, depositions, affidavits, answers to interrogatories, and other record evidence submitted by the parties in conjunction with their motions. This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1964,42 U.S.C. § 2000e, et seq., by the United States Equal Employment Opportunity Commission ("EEOC") on behalfofTheresa McWilliams.2 McWilliams, who claims that she was sexually harassed by her former supervisor, was employed by the Florida Physicians Leasing Co., Inc. ("FPLC") from approximately December 1997 to January 2000. The circumstances surrounding her departure from the company are in dispute, and are not relevant to the resolution of the instant Motions.
FPLC is a Florida corporation using an unregistered "doing business as" name ofPhysicians Leasing Co., Inc. ("PLC"). Both the Complaint and the Intervener's Complaint name as Defendants
ITragically, Mr. Donald Weidner and Mr. Thomas Bowden, who represented the Defendants in this matter, were recently killed in an aviation accident. While the aforementioned motions have been pending for some time and are ripe for adjudication, in light of the circumstances the Court will entertain a motion to continue the pretrial conference, which is currently set for February 1, 2002.
2Ms. McWilliams has subsequently intervened as a plaintiff in this action, and she and the EEOC are collectively referred to throughout this Order as "Plaintiffs".
2

Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 3 of 10
Thompson & Ward Leasing Co., Inc. and Physicians Leasing Co. Inc., d/b/a Physicians Leasing Co. of Ohio. The Plaintiffs did not name FPLC as a Defendant in this action. Thompson & Ward Leasing Co., Inc. ("T & W") is an Ohio corporation whose stock is entirely owned by two individuals, Edward Thompson and Jim Ward. Thompson and Ward also own all of the stock in FPLC, McWilliams' former employer. Both T & W and FPLC are in the business of leasing automobiles to physicians and arranging financing for the leases.
Plaintiffs now seek to amend their Complaint(s) by substituting FPLC for PLC. While acknowledging that they should have named FPLC in their Complaint(s) instead ofPLC, Plaintiffs claim that the error was not unreasonable under the circumstances, and that the Defendants would not be prejudiced by the amendment. Defendants oppose an amendment, arguing that any eleventh hour substitution would be unwarranted and in bad faith, and futile because FPLC did not employ fifteen or more employees during the dates in question and is therefore not an "employer" within the meaning of Title VII.3 Plaintiffs do not dispute that FPLC alone would not be considered an "employer" under Title VII, however they contend that T & W and FPLC should be treated as an "integrated" or "single" employer. Both parties agree that were the Court to treat the two companies as integrated, they would have collectively employed enough employees to satisfy Title VII's jurisdictional prerequisites with respect to "employer" status. Thus, all of the current motions essentially address two issues: first, whether Plaintiffs should be permitted to substitute FPLC for PLC, and second, assuming that they may, whether FPLC and T & W formed a single or integrated
3Title VII defines "employer" as "a person engaged in an industry affecting commerce who had fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person." 42 U.S.C. § 2000e(b) (1998),
3

Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 4 of 10
employer for purposes of establishing subject matter jurisdiction.
II. Analysis A. Plaintiffs' Motion to Amend Complaint The Federal Rules of Civil Procedure permit a party to amend its complaint to change the
name ofa defendant, provided that the substituted defendant has received notice ofthe action such that it will not be prejudiced, and that the substituted party knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the substitute. Fed. R. Civ. P. 15(c). One common scenario where such substitution is often permitted is where a corporate subsidiary is substituted for a parent, or vice versa. See. e.g., Andrews v. Lakeshore Rehabilitation Hosp., 140 F.3d 1405, 1408 n. 5 (noting that if subsidiary had notice of suit, parent holding 100% of subsidiary is deemed to have had notice).
In this case, there is little doubt that FPLC had notice of Plaintiffs' lawsuit and was aware that, but for a mistake, it would have been originally named as a defendant. As noted above, PLC is a d/b/a for FPLC. Moreover, the record demonstrates that the Defendants themselves contributed to the confusion surrounding the proper names of parties involved in this action. In an affidavit dated March 24, 1999, FPLC's General Manager stated that McWilliams was employed by "Physicians Leasing Co., Inc." Then, on March 26, 1999, in response to the underlying EEOC Charge of Discrimination, Mr. Bowden wrote a detailed letter with supporting documentation "on behalf of Thompson & Ward Leasing Co., Inc. and Physicians Leasing Co., Inc. (collectively 'PLC')." Doc. No. 29, Exh. "E".
Under the circumstances, the Court fails to see how Plaintiffs' request to substitute FPLC for 4

Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 5 of 10
PLC constitutes bad faith. While Plaintiffs arguably could have been more thorough in discovering the proper names of the Defendants, fortunately for them the Federal Rules of Civil Procedure do not demand perfection. FPLC suffered no apparent prejudice from the oversight and under the circumstances justice requires that Plaintiffs be allowed to amend their Complaints.
B. Cross Motions for Summary Judgment Having determined that FPLC should be a defendant in this action, the Court must next resolve whether FPLC and T & W formed a single employer for purposes of meeting Title VII's jurisdictional threshold. Both the Plaintiffs and the Defendants have cross-moved for summary judgment on this issue, claiming that there is no material issue offact with respect to the Defendants' status under Title VII. Before addressing the substantive issues noted above, however, the Court must first consider the appropriate standard of review to apply to the cross-motions.4 In Scarfo v. Ginsberg, 175 F.3d 957 (11th Cir. 1999), a case involving similar facts to this one, the Eleventh Circuit clarified that whether two companies constitute a single "employer" within the definition of Title VII is a thresholdjurisdictional issue, as opposed to an element ofthe underlying cause ofaction. Id. at 960.5
4Although the parties did not brief this issue in their cross-motions, the Court believes that it merits some discussion.
5Although Scarfo attempted to distinguish other Eleventh Circuit precedent holding that employer status did implicate the underlying claim by noting differences between issues of employee versus employer status, the distinction has been criticized as illusory, and Scarfo for all intents and purposes appears to have eviscerated the former rule in this Circuit. See, e.g., Scarfo, 175 F.3d at 963 (Barkett, J., dissenting) (criticizing the majority for overlooking "squarely applicable" precedent); Scelta v. Delicatessen Support Servs., Inc., 1999 WL 1053121 (M.D. Fla. 1999) (Kovachevich, Ch. J.) (noting "a direct conflict" between Scarfo and the Eleventh Circuit's prior holdings on the issue).
5

Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 6 of 10
Consequently, determinations regarding employer status under Title VII are for the Court alone to decide, not the jury. Id. Moreover, because the issue implicates the district court's subject matter jurisdiction- its very power to hear the case before it- the Court ofAppeals directed that the question of employer status be resolved under Fed. R. Civ. P. 12(b)(1) as opposed to a Rule 56 summary judgment motion. The principal difference is that in the case ofa 12(b)(1) motion, "no presumption oftruthfulness attaches to plaintiff's allegations and the existence ofdisputed material facts will not preclude the trial court from evaluating for itself the merits of the jurisdictional claim." Id.
Scarfo bears on this case in two important respects: First, the Court examines that part of Defendants' summary judgment motions contesting employer status as a factual attack6 on subject matter jurisdiction under Rule 12(b)(1) as opposed to a Rille 56 motion for summary judgment. Consequently, this Court is free to weigh all evidence, as opposed to construing all material facts in favor ofthe non-moving party as it would on a Rule 56 motion. Secondly, because Defendants' employer status is a threshold jurisdictional question rather than an underlying element ofPlaintiffs' Title VII claim, the entry ofjudgment on the issue would appear improper regardless of how the Court rules with regard to jurisdiction. Accordingly, the Court construes both parties' summary judgment motions under the rubric of a 12(b)(1) motion to dismiss for lack of subject matter jurisdiction.
Turning to the substantive issue of whether T & Wand FPLC may be aggregated pursuant
6A factual attack challenges "the existence of subject matter jurisdiction in fact, irrespective of the pleadings, and matters outside the pleadings, such as testimony and affidavits, are considered." Lawrence v. Dunbar, 919 F.2d 1525, 1529 (l1th Cir. 1989). In contrast, a "facial" attack "require[s] the court merely to look and see if the plaintiff has sufficiently alleged a basis of subject matter jurisdiction, and the allegations in [plaintiff's] complaint are taken as true for the purposes of the motion." Id.
6

Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 7 of 10
to the single employer doctrine, courts in this Circuit view four factors as highly relevant: 1) interrelation of operations; 2) centralized control of labor relations; 3) common management; and 4) common ownership or financial control. Lyesv. City ofRiviera Beach, 166F.3d 1332,1341 (11th Cir. 1999). In weighing these factors, courts accord a liberal construction to the term "employer" and therefore "sometimes look beyond the nominal independence of an entity." Id.
Viewing the relationship between T & Wand FPLC under these criteria, the Court finds that the two companies formed a single employer during the relevant time period. While the Court agrees with the Defendants that common ownership (which Defendants concede existed in this case) itselfdoes not necessarily give rise to single employer status, there are other factors at work here that separate this case from those where courts declined to treat commonly owned corporations as a single employer. See, e.g., Lusk v. Foxmeyer Health Corp., 129 F.3d 773, 778 (5th Cir. 1997) (rejecting single employer argument due to absence of nexus between parent's and wholly owned subsidiary's daily employment decisions). For example, Mr. Thompson himself acknowledged during his deposition that the same individual oversaw human resources functions for both T & W and FPLC. Personnel files for FPLC employees were kept at T & W's offices in Ohio. Another individual processed payroll for both T & Wand FPLC, and checks issued to FPLC employees were issued by T & W. Both companies at times used a letterhead containing the names of both T & W and FPLC. Clearly, these facts point to substantial interrelationship of operations and centralized control of at least some labor functions.
Regarding the second factor, common management, much of the record evidence suggests that the companies were managed relatively separately in terms of their day to day operations. However, Mr. Thompson and Mr. Ward possessed ultimate management authority over each
7

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Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 8 of 10

company, and routinely shuttled back and forth between the two. Although it is difficult to disprove Defendants' assertion that when Thompson and Ward made decisions regarding T & W they were acting solely in their capacity as owners ofT & W, and vice versa, the fact remains that the same two individuals simultaneously oversaw management ofboth companies, both ofwhich engaged in the same business. Neither can the Court ignore that in responding to the EEOC Charge of Discrimination, the Defendants appeared to hold themselves out as a single entity and did not dispute that T & W was McWilliams' employer. Even applying Rule 12(b)(1)'s more rigorous standard of review, the Court concludes that Plaintiffs' have adequately demonstrated a basis for treating T & W and FPLC as a single employer for purposes of this action.
However, for the reasons noted above, the Court does not consider this an issue upon which judgment may be entered in favor ofthe Plaintiffs. Accordingly, while the Court's ruling effectively vindicates the position adopted in Plaintiffs' Motion for Partial Summary Judgment, the Motion is denied.

III. Conclusion For the reasons stated herein, it is ORDERED that: 1) Defendants' Motion for Summary Judgment on Plaintiffs Complaint (Doc. No. 31, filed
November 1,2001) is DENIED; 2) Defendants' Motion for Summary Judgment on Plaintiff-Intervener's Complaint (Doc. No.
33, filed November 1,2001) is DENIED; 3) Intervening Plaintiffs and Plaintiff's Joint Motion for Partial Summary Judgment (Doc.
No. 41, filed November 2,2001) is DENIED, however for purposes of this action the Court rules 8

, .

Case 3:00-cv-01084-HES Document 65 Filed 01/07/2002 Page 9 of 10

as a matter oflaw that T & Wand FPLC formed a single employer during the relevant time periods. The request for oral argument is DENIED; and
4) Plaintiffs' Joint Motion for Leave to File Amended Complaints to Conform with the Evidence and Accurately Reflect the Name ofOne ofthe Defendants (Doc. No. 49, filed November 13,2001) is GRANTED. The Clerk is directed to docket Plaintiffs' Amended Complaints, attached to the Motion as Exhibits "A" and "B".

DONE AND ENTERED at Jacksonville, Florida, this Hday of January, 2002.

Copies to:
Carla J. Von Greiff, Esq. Jeffrey 1. Sneed, Esq. Donald Weidner, P.A. Garry Randolph, Courtroom Deputy Law Clerk
9

Case 3:00-cv-01084-HES Date Printed: 01/09/2002

DFocIumLenEt 65 CO FilePd 0Y1/07/2002

Page 10 of 10

Notice sent to:
~Carla J. Von Greiff, Esq.
Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1020 Tampa, FL 33602
~Donald W. Weidner, Esq.
Donald W. Weidner, P.A. 11265 Alumni Way Suite 201 Jacksonville, FL 32246
Thomas Bowden, Esq. Donald W. Weidner, P.A. 11265 Alumni Way Suite 201 ~acksonville, FL 32246
Jeffrey Jarvis Sneed, Esq. Eakin, Sneed & Catalan 599 Atlantic Blvd. Suite 4 Atlantic Beach, FL 32233

 
 Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 1 of 9

Vt=ILED

IN THE UNITED STATES DISTRICT COURT (

JAN 072001

FOR THE MIDDLE DISTRICT OF FLORIDA CLERK, U. S. DISTRICT COURT

JACKSONVILLE DNISION

MIDDLE DISTRICT OF FLORIDA

EQUAL EMPLOYMENT OPPORTUNITY

)

JACKSONVILLE, R.ORIDA

COMMISSION,

)

Plaintiff,

)

CNIL ACTION NO.

v.

)

3:00 CV-I084 J-20TEM

)

THOMPSON & WARD LEASING CO., INC, )

AMENDED COMPLAINT

)

JURy TRIAL DEMAND

Defendant,

)

INJUNCTIVE RELIEF SOUGHT

and

)

)

FLORIDA PHYSICIANS LEASING CO., INC., )

d/b/a PHYSICIANS LEASING CO.

)

)

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 retaliation,

and to provide appropriate relief to Theresa Denise McWilliams and any other similarly situated

female(s) who were adversely affected by such practices. As stated with greater particularity in

paragraph 10, the Equal Employment Opportunity Commission (hereinafter the "EEOC" or

"Commission") alleges that Ms. McWilliams, a female, and other similarly situated female(s) were

sexually harassed and that the harassment persisted despite complaints to the Defendant. As a

result of the sexual harassment and the Defendant's failure to take prompt, remedial action, Ms.

MeWilliams and other similarly situated female(s) were subjected to unwelcome sexual comments

and/or physical contact because of their sex, which created a hostile work environment.

Furthermore, as a result ofreporting such harassment, Ms. McWilliams was subsequently retaliated

against by being subjected to disparate terms and conditions of her employment and ultimately

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 2 of 9
subjected to a retaliatory discharge. 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) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. Section 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, Jacksonville Division.
PARTIES 3. Plaintiff, the EEOC is the agency of the United States of America charged with the administration, interpretation and enforcement ofTitle VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Thompson & Ward Leasing Company, Inc., (the "Employer"), has continuously been an Ohio corporation doing business in the State ofFlorida and the City of Saint Augustine, and has continuously had at least 15 employees. 5. At all relevant times, Defendant, Florida Physicians Leasing Co., Inc., d/b/a, Physicians Leasing Co. (the "Employer"), has continuously been a Florida corporation doing business in the State of Florida and the City of Saint Augustine, and has continuously had at least 15 employees. 6. At all relevant times, Defendant Thompson & Ward Leasing Company, Inc., has continuously been an employer engaged in an industry affecting commerce within the meaning of
2

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 3 of 9
Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h). 7. At all relevant times, Defendant Employer Florida Physicians Leasing Co., Inc., 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 8. More than thirty days prior to the institution of this lawsuit, Theresa Denise McWilliams filed a charge with the Commission alleging violations of Title VII by Defendant Employer Thompson & Ward Leasing Company, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. More than thirty days prior to the institution of this lawsuit, Theresa Denise McWilliams filed a charge with the Commission alleging violations of Title VII by Defendant Employer Florida Physicians Leasing Co., Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. lO(a). Since at least January 1998, Defendant Employer Thompson & Ward Leasing Company, Inc., has engaged in unlawful employment practices at its Saint Augustine, Florida, facility, in violation of Section 703(a)(1) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a) which included the following: (1) Theresa Denise McWilliams and other similarly situated female(s) were regularly
subjected to vulgar language, abusive behavior, sexual remarks ofa personal nature, pornography, profanity, and/or physical touching. Moreover, Ms. McWillaims and other similarly situated female(s) were subjected to unwelcome physical sexual contact because oftheir sex which was sufficiently severe and pervasive to affect the
3

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 4 of 9
terms and conditions of their employment and to create an intimidating, hostile and offensive work environment. Ms. McWilliams made it known to the harasser(s) that such conduct was unwelcome. The Defendant's management was placed on notice of the unwelcome sexual harassment through Ms. McWilliams complaints to the Defendant Employer Thompson & Ward Leasing Company, Inc. Nevertheless, Defendant Employer failed to take prompt remedial action and the sexual harassment continued. Defendant Employer is liable for the behavior which Ms. McWilliams and other similarly situated female(s) were subjected to during their employment with Defendant. (2) Within days ofMs. McWilliams complaining to management about the harassment, Defendant Employer Thompson & Ward Leasing Company, Inc., subjected Ms. McWilliams to disparate terms and conditions ofemployment. She was subjected to heightened scrutiny when compared to those who had not complained and shortly thereafter, she was terminated. Such actions by the Defendant Employer were in retaliation for her opposition to Defendant's sexual harassment. IO(b). Since at least January 1998, Defendant Employer Florida Physicians Leasing Co., Inc., has engaged in unlawful employment practices at its Saint Augustine, Florida, facility, in violation of Section 703(a)(1) and 704(a) ofTitle VII, 42 U.S.c. § 2000e-2(a) and Section 2000e3(a) which included the following: (1) Theresa Denise McWilliams and other similarly situated female(s) were regularly subjected to vulgar language, abusive behavior, sexual remarks ofa personal nature, pornography, profanity, and/or physical touching. Moreover, Ms. McWillaims and
4

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 5 of 9
other similarly situated female(s) were subjected to unwelcome physical sexual contact because oftheir sex which was sufficiently severe and pervasive to affect the terms and conditions oftheir employment and to create an intimidating, hostile and offensive work environment. Ms. McWilliams made it known to the harasser(s) that such conduct was unwelcome. The Defendant's management was placed on notice of the unwelcome sexual harassment through Ms. McWilliams complaints to the Defendant Employer Florida Physicians Leasing Co., Inc. Nevertheless, Defendant Employer failed to take prompt remedial action and the sexual harassment continued. Defendant Employer is liable for the behavior which Ms. McWilliams and other similarly situated female(s) were subjected to during their employment at Defendant. (2) Within days ofMs. McWilliams complaining to management about the harassment, Defendant Employer Florida Physicians Leasing Co., Inc., subjected Ms. McWilliams to disparate terms and conditions ofemployment. She was subjected to heightened scrutiny when compared to those who had not complained and shortly thereafter, she was terminated. Such actions by the Defendant Employer were in retaliation for her opposition to Defendant's sexual harassment. 11. The effect ofthe practice(s) complained ofin paragraph 10 above has been to deprive Theresa Denise McWilliams and other similarly situated female(s) of equal employment opportunities and otherwise adversely their status as employees because of their sex and/or in retaliation for any opposition to unlawful employment practices. 12. The unlawful employment practices complained of in paragraph 10 above were intentional.
5

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 6 of 9
13. The unlawful employment practices complained ofin paragraph 10 above were done with malice or with reckless indifference to the federally protected rights of Theresa Denise McWillaims and other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer Thompson & Ward
Leasing Company, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice. B. Grant a permanent injunction enjoining Defendant Employer Florida Physicians Leasing Co., Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in sexual and retaliatory conduct and any other employment practice which discriminates on the basis of sex and/or due to opposition to an unlawful employment practice. C. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects ofits unlawful employment practices. D. Order Defendant Employer Florida Physicians Leasing Co., Inc., to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects ofits unlawful employment
6

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 7 of 9
practices. E. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to make
whole Theresa Denise McWillaims and any other similarly situated female(s) by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affinnative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration of any pertinent benefits and positive future employment references. F. Order Defendant Employer Florida Physicians Leasing Co., Inc., to make whole Theresa Denise McWillaims and any other similarly situated female(s) by providing appropriate back pay with prejudgment interest, in amounts to be detennined at trial, and other affinnative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration of any pertinent benefits and positive future employment references. G. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to make whole Theresa Denise McWillaims and any other similarly situated female(s), by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 10 above, including but not limited to, out ofpocket losses, medical expenses, job search expenses, in amounts to be detennined at trial. H. Order Defendant Employer Florida Physicians Leasing Co., Inc. to make whole Theresa Denise McWillaims and any other similarly situated female(s), by providing
7

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 8 of 9
compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 10 above, including but not limited to, out of pocket losses, medical expenses, job search expenses, in amounts to be determined at trial. 1. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to make whole Theresa Denise McWilliams and any other similarly situated female(s) by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to be determined at trial. J. Order Defendant Employer Florida Physicians Leasing Co., Inc., to make whole Theresa Denise McWilliams and any other similarly situated female(s) by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 10 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss ofenjoyment oflife, in amounts to be determined at trial. K. Order Defendant Employer Thompson & Ward Leasing Company, Inc., to pay Theresa Denise McWilliams and any other similarly situated female(s) punitive damages for its malicious and reckless conduct described in paragraph 10 above, in amounts to be determined at trial. L. Order Defendant Employer Florida Physicians Leasing Co., Inc., to pay Theresa Denise McWilliams and any other similarly situated female(s) punitive damages for
8

Case 3:00-cv-01084-HES Document 66 Filed 01/07/2002 Page 9 of 9
its malicious and and reckless conduct described in paragraph 10 above, in amounts to be determined at trial. M. Grant such further relief as the Court deems necessary and proper in the public interest. N. 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, NICHOLAS M. INZEO Acting Deputy General Counsel GWENDOLYN REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL J. FARRELL Supervisory Trial Attorney
~Vo-.. ~
CARLA J. VON GREIFF Trial Attorney Florida Bar No. 0110566 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 501 East Polk Street, Suite 1020 Tampa, Florida 33602 Tel. (813) 228-2020 Fax (813) 228-2841
9

 
 Case 3:00-cv-01084-HES Document 67 Filed 01/07/2002 Page 1 of 4

\rJ F" 1L E [)

f IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA

JAN .~? 2002

JACKSONVILLE DIVISION

CLERK, U. S. DIstRICT COURt'
MIDDLE DISTRICT OF flORIDA
JACKSONVILLE, flORIDA

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

CIVIL ACTION NO:

)

3:00-CV-1084-J-20TEM

)

Plaintiff,

)

)

v.

)

)

THOMPSON & WARD LEASING CO., INC., )

)

Defendant,

)

)

AMENDED

and

)

INTERVENING COMPLAINT

)

FLORIDA PHYSICIANS LEASING CO.,INC.)

d/b/a PHYSICIANS LEASING CO.

)

)

Defendant.

)

)

and

)

)

THERESA MCWILLIAMS,

)

)

Plaintiff-Intervener

)

----------------------------------)

Theresa McWilliams sues the Defendants under Title VII of

the Civil Rights Act of 1964, as amended, for damages and states:

1. The Defendants are sued for violating Title VII, as

amended, by the Civil Rights Act of 1991, 42 U.S.C. §2000(e) et

seq. This Court has jurisdiction of the Intervening Plaintiff's

Title VII action by virtue of 28 U.S.C. §1331. The Intervening

Plaintiff, McWilliams, is a "person aggrieved" by the unlawful

conduct of the Defendants as contemplated by 42 U.S.C. §2000(e-

f) (f) (1).

2. At all relevant times, Defendant, Thompson & Ward

Case 3:00-cv-01084-HES Document 67 Filed 01/07/2002 Page 2 of 4
Leasing Company, Inc., has been an Ohio corporation doing business in the State of Florida in Duval and St. Johns Counties as Physicians Leasing Co. and has continuously had at least 15 employees.
3. At all relevant times, Defendant, Florida Physicians Leasing Company, Inc., has been a Florida corporation doing business in the State of Florida in Duval and St. Johns Counties as Physicians Leasing Co. and has continuously had at least 15 employees.
4. At all relevant times, the Defendants operated as an "integrated enterprise" with integrated personnel functions, management and finances.
5. At all relevant times, the Defendants have been employers as contemplated by 42 U.S.C. §2000 E (2) (a)l.
6. The Intervening Plaintiff, McWilliams, has timely filed a charge of discrimination with the EEOC and all conditions precedent to the institution of this lawsuit have been fulfilled.
7. Between January of 1998 and January of 1999, McWilliams, was employed by Thompson & Ward Leasing Co., Inc., to work for Physicians Leasing Co. in their local offices which were at varying times located in Duval and St. Johns County, Florida.
8. At all times McWilliams performed her job duties in a satisfactory manner and was in all respects qualified to perform her job duties with the Defendants.
2

Case 3:00-cv-01084-HES Document 67 Filed 01/07/2002 Page 3 of 4
9. Beginning in January of 1998, McWilliams was subjected to unlawful sexual harassment in the work place consisting of vulgar language, abusive behavior, sexual remarks of a personal nature, pornography, profanity, and/or physical touching. This conduct was directed at the Intervening Plaintiff and other females, in her presence, because of their sex, and was sufficiently severe and pervasive to affect the terms and conditions of her employment and create a hostile and offensive work environment. Ms. McWilliams made it known to the harassers that such conduct was unwelcome.
10. At all times material, the Defendants failed to have any policies concerning sexual harassment in the work place. Notwithstanding this, the Defendants' managerial employees were aware of the unwelcome sexual harassment both by virtue of witnessing said conduct and by virtue of the complaints of Ms. McWilliams and other similarly situated females.
11. The Defendants failed to take prompt remedial action concerning sexual harassment and allowed it to continue.
12. The Intervening Plaintiff, McWilliams, made complaints concerning the sexual harassment to managerial employees with the Defendants and as a result was subjected to retaliation in the form of heightened scrutiny where compared to those who had not complained, and termination when she persisted in making complaints. These actions by the Defendant employer were in
3

Case 3:00-cv-01084-HES Document 67 Filed 01/07/2002 Page 4 of 4
retaliation for the Intervening Plaintiff's protected speech in opposition to the sexual harassment occurring in the work place.
13. The unlawful employment practices complained of above were at all times intentional, and were done with malice or reckless indifference to the federally protected rights of Theresa McWilliams.
14. The Intervening Plaintiff has retained the undersigned attorney and has agreed to pay him a reasonable fee for his services.
15. As a direct and proximate result of the harassing conduct of the Defendants the Intervening Plaintiff, McWilliams has sustained damages in the form of lost wages, lost earning capacity, expenses for counseling, medical expenses, lost benefits, mental anguish, humiliation, and other compensatory damages.
WHEREFORE, the Intervening Plaintiff demands judgment against the Defendants for damages, punitive damages, attorneys' fees and costs and requests a jury trial on all issues so triable.
a Bar tlantic Bo levard, Suite 4 Atlantic Beach, FL 32233 (904) 247-6565 Attorney for Theresa McWilliams
4

 
 Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 1 of 25

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

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

and THERESA MCWILLIAMS

)

)

Plaintiff-Intervener,

)

v.

)

)

THOMPSON & WARD LEASING CO., INC, )

)

Defendant,

)

and

)

)

FLORIDA PHYSICIANS LEASING CO., INC., )

d/b/a PHYSICIANS LEASING CO.

)

)

Defendant.

)

---------------------------------)

CIVIL ACTION NO. 3:00 CV-I084 J-20TEM

CONSENT DECREE

Iq /\ 11: 22

~ :- c:_; ,r ~, ~

: r~ 1 _.

. - ~".

.\ .... "\

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

Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the

"Commission" or "EEOC"), Plaintiff-Intervener Theresa McWilliams (hereinafter "Theresa

McWilliams" or "Plaintiff-Intervener"), and Defendants, Thompson & Ward Leasing Co., Inc. and

Florida Physicians Leasing Co., Inc. d/b/a Physicians Leasing Co. (hereinafter referred to as the

"Companies" or "Defendants"). The Commission, Plaintiff-Intervener, and Defendants are

collectively referred to herein as "the Parties."

2. On September 28, 2000, EEOC initiated this action by filing its Complaint in the

United States District Court for the Middle District of Florida, Jacksonville Division, Civil Action

No. 3:00 CV1084J-20TM, based upon a charge filed by Theresa McWilliams (EEOC Charge No.

-, Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 2 of 25
150-99-1778). EEOC's Complaint alleges that Defendants violated Title VII ofthe Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of 1991,42 U.S.C. Section 2000e et seq. ("Title VII") by subjecting a female employee, Theresa McWilliams, to unlawful sexual harassment in the form ofa hostile work environment that persisted despite Ms. McWilliams' complaints to the Defendants. The Complaint further alleges that, as a result ofreporting the harassment, Ms. McWilliams was retaliated against and ultimately terminated. On January 16,2001, the Plaintiff-Intervener became a party to the lawsuit also alleging the same violations of Title VII.
3. In the interests 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 entry ofthis Decree. This Decree is final and binding upon the Parties, their successors and assigns.
4. The Parties agree that this Decree resolves all claims alleged against Defendants in EEOC Charge Number 150-99-1778, EEOC Charge Number 150- A2- 0059, and the Complaints filed in this action, and constitutes a complete resolution ofall claims under Title VII that were made by the Commission and Plaintiff-Intervener in this action. The Parties further agree that this Decree does not resolve any other charges pending with the Commission against the Defendants, other than the charges referred to in this paragraph.
5. Defendants deny the allegations brought by the EEOC and Plaintiff-Intervener as alleged in the Complaints filed in this civil action and make no admission ofliability by entering into this Consent Decree.
6. NOW, THEREFORE, the Court having carefully examined the terms and provisions ofthis Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 3 of 25
DECREED THAT: JURISDICTION
7. This Court has jurisdiction ofthe subject matter ofthis action and over the Parties for the purposes of entering and enforcing this Decree.
8. No party shall contest jurisdiction ofthis federal court to enforce this Decree and its terms or the right ofthe EEOC to seek enforcement in the event Defendant breaches any ofthe terms of this Decree.
GENERAL PROVISIONS 9. Defendants, their officers and/or employees, agree not to engage in conduct which violates Title VII ofthe Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment because of the gender of that individual and/or by subjecting an individual to sexual harassment or circumstances which lead to the termination/constructive discharge of an individual due to sexual harassment. 10. Defendants, their officers and/or employees, agree not to discriminate against any employee who opposes any ofDefendants, practices which the employee reasonably believes to be a violation ofthe Title VII; who files a charge ofdiscrimination with the EEOC alleging violation(s) ofsuch statute; who cooperates with the EEOC in the investigation and/or prosecution ofany charge of discrimination; or who cooperated in the investigation or prosecution of this case.
SEXUAL HARASSMENT POLICY AND TRAINING 11. Defendants have established written policies against sexual harassment, which are attached as Exhibit A(1) and Exhibit A(2). Defendants agree that all of their employees and managers will be provided a complete copy of their respective policy against sexual harassment within thirty (30) days of the entry of this Decree. Defendants also agree that all new employees

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 4 of 25
shall be given a copy oftheir respective policy against sexual harassment within their first week of employment with the Defendants. Nothing in this Consent Decree shall prevent the Defendants from modifying the sexual harassment policy during the terms ofthis Consent Decree. Defendants shall, however, expressly notify the EEOC ofthe modification on or before the next scheduled monitoring report due date.
12. In order to further ensure the effective implementation of Defendants' antidiscrimination policies, Defendants will conduct a three (3) hour training for all of their managers and supervisory personnel on discrimination with specific emphasis on recognizing sexual harassment and the proper procedure to be followed ifthey become aware of sexual harassment in the workplace or ifthey receive a complaint of such harassment. Defendants agree to provide the EEOC, at least two weeks notice before they conduct their training session(s), with the date(s) and location(s) of the training, the identification of the training materials to be used at the training session, and a general description of the category of employees who will be in attendance at the training. The training will be conducted by attorneys for Defendants, Coffinan, Coleman, Andrews & Grogan, P.A. or another qualified law firm or organization mutually agreed upon by Defendants and EEOC, both of whom agree to be reasonable in resolving any such agreement. Additionally, Defendants agree that the EEOC shall, at the EEOC's discretion, be in attendance at each training session( s).
13. Defendants agree that the training described in paragraph 12 shall be conducted within sixty (60) days of the entry of this Decree. And, should thereafter take place annually, by April 30, for the duration ofthis Decree. Defendants further agree that the sexual harassment 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

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 5 of 25
(30) days of being placed in a management or supervisory position. POSTING
14. Defendants will post a laminated 11 x 4 copy of the Notice, attached as Exhibit B, no later than May 30, 2002. Said notice shall be posted at Defendants' offices in Columbus, Ohio and in St. Augustine, Florida, for the duration of this Decree in a conspicuous location accessible to all employees such as an employee bulletin board and/or break/lunch room.
MONITORING 15. Defendants will retain all employment records relating in any way to any complaint or allegation ofsexual harassment for the duration ofthis Decree and as required under federal law. 16. Defendants will certify to the EEOC annually throughout the duration ofthis Decree that they are in compliance with all aspects ofthis 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 Defendants will further provide the EEOC with the name, address, and phone number of any person who alleges they have been sexually harassed while working for Defendants during the preceding six month period. Defendants will also state the actions taken in response to each such allegation and provide any and all documentation associated with such complaint.
MONETARY RELIEF 17. Defendants agree to pay a total amount of $45,000.00 (forty five thousand dollars) to resolve this litigation. The payments shall be mailed within thirty (30) calendar days from the Court's execution of this Decree and will be disbursed as follows: (A) Defendants will pay Theresa McWilliams $21,434.73 (twenty one thousand four hundred and thirty four dollars and seventy three cents) representing compensatory and punitive damages and issue an I.R.S. form 1099 itemizing same.

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 6 of 25
(B) Defendants will pay Theresa McWilliams $2,000.00 (two thousand dollars) representing back wages. Defendants agree to make all withholdings as required by law and to pay the employer's share of social security withholdings, and issue a W-2 itemizing same.
(C) Defendants will also pay $21 ,565.27 (twenty one thousand five hundred and sixty five dollars and twenty seven cents) to Jeffrey J. Sneed, Esq. representing attorney fees and costs, and shall issue an I.R.S. form itemizing same.
The payments to Ms. McWilliams shall be made by check to Theresa McWilliams in trust ofJeffrey J. Sneed, Esq., and forwarded to Mr. Jeffrey J. Sneed, Esq., Eakin, Sneed & Catalan, P.A. 599 Atlantic Blvd. Suite 4, Atlantic Beach, FL 32233, by certified mail with a return receipt requested. The payment to Jeffrey J. Sneed, Esq shall be made by check to Jeffrey J. Sneed, Esq., and forwarded to Mr. Sneed's business address, by certified mail with a return receipt requested.
18. Defendants agree to simultaneously provide the EEOC with a copy ofthe payments set forth in paragraph 17 above. Said copy shall be forwarded to the attention of Carla Von Greiff, Trial Attorney, at the Tampa Area Office of the EEOC, 501 East Polk Street, Room 1020, Tampa, Florida, 33602.
19. IfDefendants fail to tender the above-mentioned payments within the thirty (30) day period agreed upon in paragraph 17, Defendants 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.
ENFORCEMENT OF DECREE 20. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree.
COSTS 21. Each party shall bear her or its own costs and attorneys' fees associated with this

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 7 of 25

litigation. DURATION OF DECREE
22. This Decree shall remain in effect for three (3) years from the date of the Court's execution of the Decree.

AGREED TO:

FOR THE PLAINTIFF,

UNITED STATES EQXTAL EMPLOYMENT OPPORTUNITY COMMISSION

by: ~illi.g~~ J<I.- Date: Lf I '2..g. / 0 z. .

Delner Franklin-Thomas

"

Regional Attorney

Pennsylvania Bar No. 54205

Miami District Office

United States Equal Employment Opportunity Commission

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE PLAINTIFF INTERVENER, THERESA MCWILLIAMS

by:

Date: It/ts/~

. Jeffr . Sneed, Esq.

lorida Bat No. 593450

EAKIN, SNEED & CATALAN

599 Atlantic Blvd. Suite 4

Atlantic Beach, FL 32233

AGREED TO:

FOR THE DEFENDANTS,

THOMPSON & WARD LEASING CO., INC,

and FLORIDA PHY ClANS LEASING CO., INC.

d/b/a PHYSICI

ASING CO.

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 8 of 25
Michael G. Pendergast Florida Bar No. 373311 COFFMAN, COLEMAN, ANDREWS & GROGAN, P.A. P.O. Box 40089 Jacksonville, Fl32203
SO ORDERED, ADJUDGED AND DECREED, thi/,&ay of~~;t=:.._ _, 2002.

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 9 of 25
EXHIBIT "A (1)" THOMPSON & WARD LEASING CO., INC.'S POLICY

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 10 of 25

THOMPSON & WARD LEASING CO., INC. HARASSMENT POLICY AND COMPLAINT PROCEDURE

I.

POLICY AGAINST HARASSMENT

The Company is committed to a collegial work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual and other forms of unlawful harassment. Therefore, the Company expects that all relationships among employees and others associated with the Company be businesslike and free of bias, prejudice and harassment. In keeping with this commitment, the Company maintains a strict policy prohibiting harassment of employees and others based on race, color, sex, religion, national origin, age, handicap or other protected status.

II. SCOPE OF POLICY

This policy applies to all conduct of, and all conduct directed towards, any applicants for employment, employees, interns, assistants, contractors, vendors, customers, visitors or any other persons associated with the Company.

III. SEXUAL HARASSMENT DEFINED

A. Sexual harassment constitutes discrimination and can violate federal, state and local laws. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when, for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

B. Sexual harassment includes a wide range of subtle and not so subtle behavior. Depending on the circumstances, this behavior may include, but is not limited to, the following, if the behavior is unwelcome to any individual exposed to the behavior:

EXHIBIT "A( 1)"

1

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 11 of 25

•

Using positions of authority to promise, directly or indirectly, any

reward in exchange for an individual's compliance with a sexually

oriented request.

•

Using positions of authority to deny, directly or indirectly, any

employment-related opportunity to an individual as a result of the

individual's refusal to comply with a sexually oriented request.

•

Using threats, directly or indirectly, to coerce compliance with a

sexually oriented request.

•

Engaging in sexually suggestive physical contact or touching

another individual in a way that is unwelcome.

•

Engaging in indecent exposure.

•

Making sexual or romantic advances towards an individual and

persisting despite the rejection of the advances.

•

Making or uttering unwanted sexual jokes, innuendos, or obscene

language.

•

Making graphic commentary about an individual's body, sexual

prowess or sexual deficiencies.

•

Unwanted sexual actions such as leering, whistling, or prolonged

staring at private body parts.

•

Displaying sexually suggestive objects or pictures in the

workplace.

Sexual harassment can involve males or females being harassed by members of either sex. Sexual harassment can be physical or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment, even if one of the incidents considered on its own would not constitute unlawful harassment. By the same token, one incident, if sufficiently severe, can constitute inappropriate behavior or harassment in violation of this policy.

C. Consensual Romantic Relationships - Consenting romantic and sexual relationships between supervisors and their subordinates, or between coworkers, may lead to unforeseen complications. Lower-level employees may place a certain amount of respect or trust in a supervisor or more senior employee. In addition, a supervisor or more senior employee may have the ability or perceived ability to evaluate or otherwise supervise the lower-level employees. This could diminish the extent to which a lowerlevel employee feels free to choose whether or not to engage in romantic or sexual relationships with supervisors or more senior employees. While the Company does not intend to legislate social behavior among Company employees, the Company does recognize that encouraging and developing close social relationships, including dating, with employees

2

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 12 of 25
makes any supervisor's job more difficult. Because of this, the Company strongly discourages supervisors from dating and developing close social relationships with employees under their supervision. Furthermore, if a supervisor develops a romantic relationship with a subordinate employee, the supervisor is required to notify the General Manager, the Human Resources Director, or the Company President or Vice-President immediately so that the Company can confirm that the relationship is consensual and to allow the Company to take other appropriate action to avoid a potential violation or perceived violation of this policy.
IV. REPORTING AN INCIDENT OF HARASSMENT
A. Reporting Procedure
1. The Company strongly encourages individuals who believe they are being harassed to promptly notify the offender that his or her behavior is unwelcome. Notifying the offender, however, is not a required first step.
2. If, for any reason, an individual does not want to confront the offender directly, such a confrontation does not successfully end the harassment, or if the offender retaliates against the individual, the individual must promptly notify one of the following individuals:
a. Jim Ward - Company President (297-8880, ext. 203) b. Ted Thompson - Company Vice-President (297-8880, ext.
204) c. Chris Reese - Human Resources Director (297-8880, ext.
233)
3. If an individual is not being harassed, but believes that someone else is bein g harassed in violation of this policy or has otherwise witnessed what that person believes to be harassment or inappropriate conduct, that individual is also required to report it to at least one of the above listed individuals.
4. Should any Company supervisor observe or receive any reports of any conduct that may be a violation of this policy, the supervisor is required to immediately report the information to one of the
persons listed above. Failure to do so may subject the supervisor to appropriate disciplinary action.
3

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 13 of 25
B. Timeliness in Reporting Harassment - Early reporting and intervention has proven to be the most effective method of resolving actual or perceived incidents of harassment or sexual misconduct. Thus, while there is no time limit for making complaints under this policy, any complaints or concerns should be made as soon as possible so that a prompt investigation and, if necessary, remedial action can be taken.
C. Investigatory Process and Confidentiality
1. All complaints will be investigated promptly by the Human Resources Director or another manager assigned by the Company President or Vice-President.
2. The investigation may include interviews of the complaining individual, the person accused of harassment and, where necessary, other individuals who may have observed the alleged conduct or may otherwise have relevant knowledge. The complaining individual and other persons interviewed may also be asked by the Company to sign a statement discussing relevant facts, including, but not limited to, a description of the alleged offending conduct, individuals involved, witnesses, dates, times, places and attempted actions taken to resolve the harassment.
3. The complaint, investigation and resolution will be handled with sensitivity and, to the extent practical and appropriate under the circumstances, confidentiality will be maintained. All persons interviewed, including the complaining individual, the person accused and any witnesses, will be instructed not to discuss the investigation with co-workers.
4. Information concerning the investigation will be maintained in a file separate from the personnel files of either the complaining individual or the person accused. If harassment or inappropriate behavior is confirmed, however, appropriate disciplinary memoranda will be directed to the personnel files of the offending individuals.
V. RESPONSIVE ACTION AND RESOLUTION
Misconduct constituting harassment or other inappropriate behavior will be dealt with appropriately. Responsive action may include training, referral to counseling, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or compensation adjustments, as the Company may believe appropriate
4

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 14 of 25
under the circumstances. Persons found guilty of serious or repeat violations may be subject to termination of employment.
VI. PROTECTION AGAINST RETALIATION
The Company will not tolerate retaliation against an individual for reporting harassment or sexual misconduct or for assisting in providing information relevant to a claim of harassment or misconduct. Retaliation is a serious violation of this policy and may result in disciplinary action up to and including termination of employment. Any suspected acts of retaliation should be reported immediately in accordance with the above-discussed Reporting Procedure and will be promptly investigated. VII. FALSE AND MALICIOUS ACCUSATIONS While false and malicious complaints may result in appropriate disciplinary action, no employee will be subject to discipline for any complaints that are based on a good faith belief that harassment or inappropriate conduct has occurred. This is true even if the Company's investigation fails to confirm the occurrence of any harassment or inappropriate behavior.
5

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 15 of 25

ACKNOWLEDGMENT OF RECEIPT OF THOMPSON & WARD LEASING CO., INC. HARASSMENT POLICY AND COMPLAINT PROCEDURE
(To Be Signed by Employee and Retained in Employee's Personnel File.)
I acknowledge receipt of the Company's Harassment Policy and Complaint Procedure. I have read the Policy and have been given an opportunity to ask any questions that I might have. I agree to abide by this policy during my employment with The Company.

Date

Employee Signature

6

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 16 of 25
EXHIBIT "A(2)" FLORIDA PHYSICIANS LEASING CO.,INC.'S, POLICY

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 17 of 25
FLORIDA PHYSICIANS LEASING CO., INC. HARASSMENT POLICY AND COMPLAINT PROCEDURE
I. POLICY AGAINST HARASSMENT
The Company is committed to a collegial work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual and other forms of unlawful harassment. Therefore, the Company expects that all relationships among employees and others associated with the Company be businesslike and free of bias, prejudice and harassment. In keeping with this commitment, the Company maintains a strict policy prohibiting harassment of employees and others based on race, color, sex, religion, national origin, age, handicap or other protected status.
II. SCOPE OF POLICY
This policy applies to all conduct of, and all conduct directed towards, any applicants for employment, employees, interns, assistants, contractors, vendors, customers, visitors or any other persons associated with the Company.
III. SEXUAL HARASSMENT DEFINED
A. Sexual harassment constitutes discrimination and can violate federal, state and local laws. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature when, for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
B. Sexual harassment includes a wide range of subtle and not so subtle behavior. Depending on the circumstances, this behavior may include, but is not limited to, the following, if the behavior is unwelcome to any individual exposed to the behavior:
EXHIBIT "A(2)"
1

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 18 of 25

•

Using positions of authority to promise, directly or indirectly, any

reward in exchange for an individual's compliance with a sexually

oriented request.

•

Using positions of authority to deny, directly or indirectly, any

employment-related opportunity to an individual as a result of the

individual's refusal to comply with a sexually oriented request.

•

Using threats, directly or indirectly, to coerce compliance with a

sexually oriented request.

•

Engaging in sexually suggestive physical contact or touching

another individual in a way that is unwelcome.

•

Engaging in indecent exposure.

•

Making sexual or romantic advances towards an individual and

persisting despite the rejection of the advances.

•

Making or uttering unwanted sexual jokes, innuendos, or obscene

language.

•

Making graphic commentary about an individual's body, sexual

prowess or sexual deficiencies.

•

Unwanted sexual actions such as leering, whistling, or prolonged

staring at private body parts.

•

Displaying sexually suggestive objects or pictures in the

workplace.

Sexual harassment can involve males or females being harassed by members of either sex. Sexual harassment can be physical or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment, even if one of the incidents considered on its own would not constitute unlawful harassment. By the same token, one incident, if sufficiently severe, can constitute inappropriate behavior or harassment in violation of this policy.

C. Consensual Romantic Relationships - Consenting romantic and sexual relationships between supervisors and their subordinates, or between coworkers, may lead to unforeseen complications. Lower-level employees may place a certain amount of respect or trust in a supervisor or more senior employee. In addition, a supervisor or more senior employee may have the ability or perceived ability to evaluate or otherwise supervise the lower-level employees. This could diminish the extent to which a lowerlevel employee feels free to choose whether or not to engage in romantic or sexual relationships with supervisors or more senior employees. While the Company does not intend to legislate social behavior among Company employees, the Company does recognize that encouraging and developing close social relationships, including dating, with employees

2

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 19 of 25
'.
makes any supervisor's job more difficult. Because of this, the Company strongly discourages supervisors from dating and developing close social relationships with employees under their supervision. Furthermore, if a supervisor develops a romantic relationship with a subordinate employee, the supervisor is required to notify the General Manager, the Human Resources Director, or the Company President or Vice-President immediately so that the Company can confirm that the relationship is consensual and to allow the Company to take other appropriate action to avoid a potential violation or perceived violation of this policy.
IV. REPORTING AN INCIDENT OF HARASSMENT
A. Reporting Procedure
1 . The Company strongly encourages individuals who believe they are being harassed to promptly notify the offender that his or her behavior is unwelcome. Notifying the offender, however, is not a required first step.
2. If, for any reason, an individual does not want to confront the offender directly, such a confrontation does not successfully end the harassment, or if the offender retaliates against the individual, the individual must promptly notify one of the following individuals:
a. Ted Thompson - Company President (800-759-8880, ext. 204 or 827-0400, ext. 214)
b. Jim Ward - Company Vice-President (800-759-8880, ext. 203 or 827-0400, ext. 213)
c. Greg Hettler - General Manager (827-0400, ext. 202) d. Chris Reese - Human Resources Director (800-759-8880,
ext. 233)
3. If an individual is not being harassed, but believes that someone else is being harassed in violation of this policy or has otherwise witnessed what that person believes to be harassment or inappropriate conduct, that individual is also required to report it to at least one of the above listed individuals.
4. Should any Company supervisor observe or receive any reports of any conduct that may be a violation of this policy, the supervisor is required to immediately report the information to one of the
3

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 20 of 25
persons listed above. Failure to do so may subject the supervisor to appropriate disciplinary action.
B. Timeliness in Reporting Harassment - Early reporting and intervention has proven to be the most effective method of resolving actual or perceived incidents of harassment or sexual misconduct. Thus, while there is no time limit for making complaints under this policy, any complaints or concerns should be made as soon as possible so that a prompt investigation and, if necessary, remedial action can be taken.
C. Investigatory Process and Confidentiality
1. All complaints will be investigated promptly by the Human Resources Director or another manager assigned by the Company President or Vice-President.
2. The investigation may include interviews of the complaining individual, the person accused of harassment and, where necessary, other individuals who may have observed the alleged conduct or may otherwise have relevant knowledge. The complaining individual and other persons interviewed may also be asked by the Company to sign a statement discussing relevant facts, including, but not limited to, a description of the alleged offending conduct, individuals involved, witnesses, dates, times, places and attempted actions taken to resolve the harassment.
3. The complaint, investigation and resolution will be handled with sensitivity and, to the extent practical and appropriate under the circumstances, confidentiality will be maintained. All persons interviewed, including the complaining individual, the person accused and any witnesses, will be instructed not to discuss the investigation with co-workers.
4. Information concerning the investigation will be maintained in a file separate from the personnel files of either the complaining individual or the person accused. If harassment or inappropriate behavior is confirmed, however, appropriate disciplinary memoranda will be directed to the personnel files of the offending individuals.
V. RESPONSIVE ACTION AND RESOLUTION
Misconduct constituting harassment or other inappropriate behavior will be dealt with appropriately. Responsive action may include training, referral to counseling,
4

.Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 21 of 25
. '-.
withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or compensation adjustments, as the Company may believe appropriate under the circumstances. Persons found guilty of serious or repeat violations may be subject to termination of employment. VI. PROTECTION AGAINST RETALIATION The Company will not tolerate retaliation against an individual for reporting harassment or sexual misconduct or for assisting in providing information relevant to a claim of harassment or misconduct. Retaliation is a serious violation of this policy and may result in disciplinary action up to and including termination of employment. Any suspected acts of retaliation should be reported immediately in accordance with the above-discussed Reporting Procedure and will be promptly investigated. VII. FALSE AND MALICIOUS ACCUSATIONS While false and malicious complaints may result in appropriate disciplinary action, no employee will be subject to discipline for any complaints that are based on a good faith belief that harassment or inappropriate conduct has occurred. This is true even if the Company's investigation fails to confirm the occurrence of any harassment or inappropriate behavior.
5

.Case 3:00-cv-01084-HES Document 89
.~

Filed 06/19/2002 Page 22 of 25

ACKNOWLEDGMENT OF RECEIPT OF FLORIDA PHYSICIANS LEASING CO., INC. HARASSMENT POLICY AND COMPLAINT PROCEDURE
(To Be Signed by Employee and Retained in Employee's Personnel File.)
I acknowledge receipt of the Company's Harassment Policy and Complaint Procedure. I have read the Policy and have been given an opportunity to ask any questions that I might have. I agree to abide by this policy during my employment with The Company.

Date

Employee Signature

6

. .

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 23 of 25

EXHIBIT "B" NOTICE

Case 3:00-cv-01084-HES Document 89 Filed 06/19/2002 Page 24 of 25

NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND THOMPSON & WARD LEASING CO., INC., AND FLORIDA PHYSICIANS LEASING CO., INC., d/b/a PHYSICIANS LEASING CO.
This notice is being posted pursuant to a Consent Decree entered by the United States District for the Middle District of Florida in Equal Employment Opportunity Commission v. Thompson & Ward Leasing Co., Inc., and Florida Physicians Leasing Co., Inc., d/b/a Physicians Leasing Co.,Civil Action No. 3:00 CVI084J-20TEM. Thompson & Ward Leasing Co., Inc., and Florida Physicians Leasing Co., Inc., have agreed that they will not discriminate against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because of their race, religion, color, sex (including sexual harassment and pregnancy) and/or national origin. Title VII also protects individuals from retaliation for having complained ofan unlawful employment practice. Thompson & Ward Leasing Co., Inc., and Florida Physicians Leasing Co., Inc., will not condone discrimination ofany kind as set forth in federal laws, including, but not limited to, sexual harassment.
Furthermore, Thompson & Ward Leasing Co., Inc., and Florida Physicians Leasing Co., Inc., assure their employees that they support 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.
This notice shall remain posted for three (3) years from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
Signed this __ day of ___, 2002.

Ted Thompson, President Florida Physicians Leasing Co. Inc.

Jim Ward President of Thompson & Ward Leasing Co., Inc

Case 3:00-cv-01084-HES Date Printed: 06/20/2002

DFocIumLenEt 89 COFiPled Y06/19/2002

Page 25 of 25

Notice sent to:

Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1020 Tampa, FL 33602

William Henry Andrews, Esq. Coffman, Coleman, Andrews & Grogan, 2065 Herschel St. P.O. Box 40089 Jacksonville, FL 32203

P.A.

Michael Gregory Prendergast, Esq. Coffman, Coleman, Andrews & Grogan, 2065 Herschel St. P.O. Box 40089
Jacksonville, FL 32203

P.A.

Jeffrey Jarvis Sneed, Esq. Eakin, Sneed & Catalan 599 Atlantic Blvd. Suite 4 Atlantic Beach, FL 32233

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?954200960089827-L_3...

U.S. District Court Middle District of Florida (Jacksonville) CIVIL DOCKET FOR CASE #: 3:00-cv-01084-HES

CLOSED, TEM

Equal Employment v. Thompson & Ward, et al Assigned to: Judge Harvey E. Schlesinger Demand: $0 Cause: 28:451 Employment Discrimination
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/29/2000 Date Terminated: 04/02/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
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

Pauline Terrelonge Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1000 Tampa, FL 33602 813/228-2310 TERMINATED: 10/01/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Thompson & Ward Leasing Co., Inc.

represented by Donald W. Weidner Donald W. Weidner, P.A. 11265 Alumni Way Suite 201 Jacksonville, FL 32246 904/641-0004 TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Physicians Leasing Co., Inc. TERMINATED: 01/07/2002 doing business as Physicians Leasing Co. of Ohio
Mediator

Michael Gregory Prendergast Coffman, Coleman, Andrews & Grogan, PA 800 W Monroe St PO Box 40089 Jacksonville, FL 32203-0089 904/389-5161 Fax: 904/387-9340 Email: mprendergast@ccaglaborlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Bowden Donald W. Weidner, P.A. 11265 Alumni Way Suite 201 Jacksonville, FL 32246 904/641-0004 TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Henry Andrews Coffman, Coleman, Andrews & Grogan, PA 800 W Monroe St PO Box 40089 Jacksonville, FL 32203-0089 904/389-5161 Fax: 904/387-9340 Email: wandrews@ccaglaborlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Donald W. Weidner (See above for address) TERMINATED: 01/07/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Bowden (See above for address) TERMINATED: 01/07/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?954200960089827-L_3...

Mattox S. Hair TERMINATED: 04/01/2002
Intervenor Plaintiff Theresa McWilliams
V. Intervenor Defendant Thompson & Ward Leasing Co., Inc.
Intervenor Defendant Physicians Leasing Co., Inc. TERMINATED: 01/07/2002 doing business as Physicians Leasing Co. of Ohio

represented by Mattox S. Hair # Law Office of Mattox S. Hair 225 Water St., Suite 2100 Jacksonville, FL 32202 904/358-3580 PRO SE
represented by Jeffrey Jarvis Sneed Eakin, Sneed & Catalan Suite 4 599 Atlantic Blvd Atlantic Beach, FL 32233 904/247-6565 Fax: 904/247-6535 Email: jsneed@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Donald W. Weidner (See above for address) TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Bowden (See above for address) TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Gregory Prendergast (See above for address) ATTORNEY TO BE NOTICED
represented by Donald W. Weidner (See above for address) TERMINATED: 01/07/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Bowden (See above for address) TERMINATED: 01/07/2002

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Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?954200960089827-L_3...

Intervenor Defendant Florida Physicians Leasings Co., Inc. doing business as Physicians Leasing Co.
Defendant Florida Physicians Leasings Co., Inc. doing business as Physicians Leasing Co.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Donald W. Weidner (See above for address) TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Gregory Prendergast (See above for address) ATTORNEY TO BE NOTICED
represented by Donald W. Weidner (See above for address) TERMINATED: 01/09/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Gregory Prendergast (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Henry Andrews (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2000 09/29/2000 09/29/2000 10/03/2000 10/17/2000 11/27/2000

#

Docket Text

1 COMPLAINT for Nature of the Action filed; jury demand (mfk) (Entered: 10/02/2000)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Howard T. Snyder (mfk) (Entered: 10/02/2000)
SUMMONS(ES) issued for Thompson & Ward, Physicians Leasing . Consent(s) issued. (mfk) (Entered: 10/02/2000)
2 NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (mfk) (Entered: 10/03/2000)
3 CERTIFICATE of interested persons by Equal Employment (mfk) (Entered: 10/17/2000)
4 WAIVER OF SERVICE returned executed as to Thompson & Ward, Physicians Leasing on 11/13/00 Answer due on 1/12/01 for Physicians Leasing, for

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12/07/2000 12/19/2000 01/16/2001 01/16/2001 02/06/2001 02/13/2001
03/05/2001 03/08/2001 03/08/2001 04/27/2001 05/02/2001 06/25/2001 08/24/2001 08/28/2001 09/26/2001

Thompson & Ward (ejw) (Entered: 11/27/2000)
5 ANSWER to [1-1] complaint by Thompson & Ward, Physicians Leasing (ejw) (Entered: 12/07/2000)
6 MOTION with memorandum in support to intervene by Theresa McWilliams referred to Magistrate Judge Howard T. Snyder (proposed intervening complaint filed separately) (ejw) (Entered: 12/19/2000)
7 ORDER granting [6-1] motion to intervene by Theresa McWilliams; Clerk is directed to file the proposed intervening complaint ( Signed by Magistrate Judge Howard T. Snyder ) ctc (ejw) (Entered: 01/17/2001)
8 INTERVENOR'S COMPLAINT by Theresa McWilliams against Thompson & Ward, Physicians Leasing (ejw) (Entered: 01/17/2001)
9 JOINT CASE MANAGEMENT REPORT (lrb) (Entered: 02/06/2001)
10 CASE MANAGEMENT AND SCHEDULING ORDER setting dispositive motion filing deadline for 11/2/01; Pretrial statement due on or before 1/25/02; Pretrial conference for 1:45 on 2/1/01; Jury trial set for term commencing 3/4/02 at 9:30; Motions in limine shall be filed no later than 5 working days prior to the pretrial conference; trial briefs, proposed voir dire, etc., due no later than 5 working days before the trial term; Scheduled for Judge Harvey E. Schlesinger ( signed by Deputy Clerk ) ctc (lrb) (Entered: 02/15/2001)
11 ANSWER by Thompson & Ward, Physicians Leasing to [8-1] intervenor complaint (lrb) (Entered: 03/07/2001)
12 NOTICE to counsel of new case number and judge assignment (signed by deputy clerk) ctc (lrb) (Entered: 03/08/2001)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas E. Morris (lrb) (Entered: 03/08/2001)
13 MOTION by Theresa McWilliams with memorandum in support to compel referred to Magistrate Judge Thomas E. Morris (lrb) (Entered: 04/27/2001)
14 OPPOSITION by Thompson & Ward, Physicians Leasing to [13-1] motion to compel (lrb) (Entered: 05/02/2001)
15 ORDER denying as moot [13-1] motion to compel ( Signed by Magistrate Judge Thomas E. Morris ) ctc (slc) (Entered: 06/25/2001)
16 AMENDED affirmative defenses to complaint by Thompson & Ward, Physicians Leasing (jec) (Entered: 08/25/2001)
17 MOTION by Thompson & Ward, Physicians Leasing for leave to amend [11-1] affirmative defenses to intervening complaint referred to Magistrate Judge Thomas E. Morris (slc) (Entered: 08/28/2001)
18 ORDER granting [17-1] motion for leave to amend [11-1] affirmative defenses to intervening complaint - Defendants shall file Amended Affirmative Defenses to the Intervening Complaint within ten days. ( Signed by Magistrate Judge Thomas E. Morris ) ctc (ddj) (Entered: 09/26/2001)

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10/04/2001 10/04/2001 10/04/2001 10/04/2001 10/12/2001 10/12/2001
10/15/2001 10/16/2001 10/18/2001 10/22/2001 10/26/2001 10/29/2001 11/01/2001 11/01/2001 11/01/2001 11/01/2001

19 AMENDED DEFENSES to intervenor's complaint by Thompson & Ward, Physicians Leasing : amends [11-1] intervenor answer (ejw) (Entered: 10/04/2001)
20 NOTICE of re-assignment by Equal Employment (ejw) (Entered: 10/04/2001)
21 MOTION by Thompson & Ward, Physicians Leasing to extend discovery period to take deposition of plaintiff-intervener referred to Magistrate Judge Thomas E. Morris (slc) (Entered: 10/05/2001)
22 AGREED MOTION by Equal Employment to extend discovery period to take depositions (agreed) referred to Magistrate Judge Thomas E. Morris (slc) (Entered: 10/09/2001)
23 OBJECTION by Theresa McWilliams to [21-1] motion to extend discovery period to continue her deposition (lpp) (Entered: 10/12/2001)
24 ORDER granting [22-1] consent motion to extend discovery period to take depositions to the extent that the parties shall have until 10/19/01 to take the depositions of Ted Thompson, Greg Hettler and Jeff Wilson (Signed by Magistrate Judge Thomas E. Morris) ctc (lpp) (Entered: 10/15/2001)
25 NOTICE of substitution of counsel for Equal Employment Commission by Carla J. Von Greiff, Esq. (slc) (Entered: 10/15/2001)
26 MOTION by Thompson & Ward, Physicians Leasing with memorandum in support to prohibit & objection to issuance of subpoena for nonparty production referred to Magistrate Judge Thomas E. Morris (slc) (Entered: 10/16/2001)
27 RESPONSE by Theresa McWilliams to [26-1] motion to prohibit & objection to issuance of subpoena for nonparty production (mfk) (Entered: 10/18/2001)
28 RESPONSE by EEOC in opposition to [21-1] motion to extend discovery period to take deposition of plaintiff-intervener (slc) (Entered: 10/22/2001)
29 MEMORANDUM in REPLY by Thompson & Ward Leasing Co., Physicians Leasing Co. to intervening-plaintiff's response to [26-1] motion to prohibit (slc) (Entered: 10/26/2001)
30 MEMORANDUM in REPLY by Thompson & Ward, Physicians Leasing to intervening-plaintiff's opposition response to [21-1] motion to extend discovery period to take deposition of plaintiff-intervener (slc) (Entered: 10/30/2001)
31 MOTION by Thompson & Ward, Physicians Leasing for summary judgment on plaintiff's complaint (slc) (Entered: 11/02/2001)
32 MEMORANDUM by Thompson & Ward, Physicians Leasing in support of [31-1] motion for summary judgment on plaintiff's complaint (slc) (Entered: 11/02/2001)
33 MOTION by Thompson & Ward, Physicians Leasing for summary judgment on plaintiff-intervener's complaint (slc) (Entered: 11/02/2001)
34 MEMORANDUM by Thompson & Ward, Physicians Leasing in support of [33-1] motion for summary judgment on plaintiff-intervener's complaint (slc) (Entered: 11/02/2001)

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11/01/2001 11/01/2001 11/01/2001 11/01/2001 11/01/2001 11/02/2001
11/02/2001 11/02/2001 11/02/2001 11/02/2001 11/02/2001 11/02/2001

35 NOTICE by Thompson & Ward, Physicians Leasing of filing affidavits of Edward C. Thompson, Rose Klos, James V. Ward, Gregory O. Hettler (slc) (Entered: 11/02/2001)
36 AFFIDAVIT of Edward C. Thompson by Thompson & Ward, Physicians Leasing Re: [31-1] motion for summary judgment on plaintiff's complaint, [33-1] motion for summary judgment on plaintiff-intervener's complaint (slc) (Entered: 11/02/2001)
37 AFFIDAVIT of Rose Klos by Thompson & Ward, Physicians Leasing Re: [31-1] motion for summary judgment on plaintiff's complaint, [33-1] motion for summary judgment on plaintiff-intervener's complaint (slc) (Entered: 11/02/2001)
38 AFFIDAVIT of James V. Ward by Thompson & Ward, Physicians Leasing Re: [31-1] motion for summary judgment on plaintiff's complaint, [33-1] motion for summary judgment on plaintiff-intervener's complaint (slc) (Entered: 11/02/2001)
39 AFFIDAVIT of Gregory O. Hettler by Thompson & Ward, Physicians Leasing Re: [31-1] motion for summary judgment on plaintiff's complaint, [33-1] motion for summary judgment on plaintiff-intervener's complaint (slc) (Entered: 11/02/2001)
40 SUMMARY JUDGMENT NOTICE: response to motion set to 11/16/01 for Thompson & Ward Leasing Co's, Physicians Leasing Co.'s [31-1] motion for summary judgment on plaintiff's complaint; set to 11/16/01 for Thompson & Ward Leasing Co.'s, Physicians Leasing Co.'s [33-1] motion for summary judgment on plaintiff-intervener's complaint (Signed by Deputy Clerk) ctc (slc) Modified on 11/02/2001 (Entered: 11/02/2001)
41 JOINT MOTION by Theresa McWilliams, Equal Employment for partial summary judgment and request for oral argument (JOINT) (jec) (Entered: 11/05/2001)
42 MEMORANDUM by Theresa McWilliams, Equal Employment in support of their [41-1] joint motion for partial summary judgment (jec) (Entered: 11/05/2001)
43 NOTICE of filing (various documents and depositions) in support of plaintiffs' memorandum of law (#42) in support of their joint motion for partial summary judgment, (#41) by Theresa McWilliams, Equal Employment (jec) Modified on 11/05/2001 (Entered: 11/05/2001)
44 DEPOSITION of Ted Thompson by Theresa McWilliams, Equal Employment in support of [42-1] support memorandum Transcript filed separately. (jec) (Entered: 11/05/2001)
45 DEPOSITION of Greg Hettler by Theresa McWilliams, Equal Employment in support of [42-1] support memorandum Transcript filed separately. (jec) (Entered: 11/05/2001)
46 DEPOSITION of Jim Ward by Theresa McWilliams, Equal Employment in support of [42-1] support memorandum Transcript filed separately. (jec) (Entered: 11/05/2001)

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11/02/2001 11/05/2001 11/13/2001
11/13/2001
11/16/2001 11/16/2001 11/16/2001 11/19/2001 11/19/2001 11/20/2001 11/20/2001 11/20/2001 11/20/2001

47 DEPOSITION of Jeff Wilson by Theresa McWilliams, Equal Employment in support of [42-1] support memorandum Transcript filed separately. (jec) (Entered: 11/05/2001)
48 SUMMARY JUDGMENT NOTICE, response to motion set to 11/19/01 for [41-1] joint motion for partial summary judgment by plaintiff, intervenor-plaintiff ( Signed by Deputy Clerk ) ctc (jec) (Entered: 11/05/2001)
49 JOINT MOTION and memorandum by Equal Employment, Theresa McWilliams for leave to file amended complaints to confirm with the evidence and accurately reflect the name of one of the defendants / amend [1-1] complaint, [8-1] intervenor complaint ; referred to Magistrate Judge Thomas E. Morris (slc) (Entered: 11/13/2001)
50 ORDER, set oral argument and evidentiary hearing for 10:15 11/26/01, scheduled for Magistrate Judge Thomas E. Morris ; defendants shall provide the court with the transcript of the deposition of Ms. Teresa McWilliams by 11/20/01; plaintiff EEOC shall provide the court with the transcript of the deposition of Greg Hettler by 11/20/01; the parties shall file briefs as indicated in the order by 11/20/01 and not exceed a total of 5 pages (Signed Magistrate Judge Thomas E. Morris ) ctc (slc) (Entered: 11/14/2001)
51 RESPONSE by Equal Employment in opposition to [31-1] motion for summary judgment on plaintiff's complaint (slc) (Entered: 11/16/2001)
52 MEMORANDUM by Thompson & Ward, Physicians Leasing in opposition to [41-1] joint motion for partial summary judgment (slc) (Entered: 11/16/2001)
53 MEMORANDUM by Theresa McWilliams in opposition to [33-1] motion for summary judgment on plaintiff-intervener's complaint (slc) (Entered: 11/16/2001)
54 MEMORANDUM by Thompson & Ward, Physicians Leasing in opposition to [49-1] joint motion for leave to file amended complaints (slc) (Entered: 11/19/2001)
55 BRIEF by intervening plaintiff Theresa McWilliams in response to magistrate's [50-1] order of 11/13/01 (slc) (Entered: 11/19/2001)
56 MEMORANDUM of law by Thompson & Ward, Physicians Leasing with regard to the issues identified in the court's [50-1] order of 11/13/01 (slc) (Entered: 11/20/2001)
57 BRIEF by Equal Employment in compliance with magistrate's [50-1] order dated 11/13/01 (slc) (Entered: 11/20/2001)
58 NOTICE by Equal Employment of filing deposition of Greg Hettler (filed separately), deposition transcript excerpt of Greg Hettler, and deposition transcript excerpt of Ted Thompson (slc) (Entered: 11/20/2001)
59 DEPOSITION of Greg Hettler, taken 10/18/01, by Equal Employment re: evidentiary hearing (Transcript filed separately) (slc) Modified on 11/20/2001 (Entered: 11/20/2001)

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11/21/2001 11/26/2001 11/28/2001 12/03/2001 12/07/2001
01/02/2002 01/07/2002
01/07/2002 01/07/2002 01/09/2002

60 NOTICE of filing transcript of DEPOSITION of Theresa McWilliams, taken 9/27/01, by Thompson & Ward, Physicians Leasing re: the court's [50-1] order of 11/13/01 (slc) (Entered: 11/21/2001)
61 EVIDENTIARY HEARING held on 11/26/01 before Magistrate Judge Thomas E. Morris. Court Reporter: Allison Pauline, ACR. Order to enter. (slc) (Entered: 11/28/2001)
MOTION(S) no longer referred: [49-1] joint motion for leave to file amended complaints to confirm with the evidence and accurately reflect the name of one of the defendants / amend [1-1] complaint, [8-1] intervenor complaint (per chambers) (sms) (Entered: 11/28/2001)
62 TRANSCRIPT of motions hearing held on 11/26/01 before Judge Thomas E. Morris. Transcript filed separately. (mfk) (Entered: 12/03/2001)
63 ORDER denying [21-1] motion to extend discovery period to take deposition of plaintiff-intervener, denying as moot [26-1] motion to prohibit & objection to issuance of subpoena for nonparty production, documents 29 and 30 shall remain as filed but defense counsel is advised to take notice of Local Rule 3.01(b) and realize that any future filings in violation of this Rule may be stricken from the record. ( Signed by Magistrate Judge Thomas E. Morris ) ctc (ddj) Modified on 12/11/2001 (Entered: 12/07/2001)
64 NOTICE OF HEARING: Reset pretrial conference for 10:15 2/1/02 scheduled for Judge Harvey E. Schlesinger ( Signed by Deputy Clerk ) ctc (ddj) (Entered: 01/02/2002)
65 ORDER denying defendants' [31-1] motion for summary judgment on plaintiff's complaint; denying defendants' [33-1] motion for summary judgment on plaintiff-intervener's complaint; denying intervening plaintiff's and plaintiff's joint motion for partial summary judgment, however for purposes of this action the court rules as a matter of law that T & W and FPLC formed a single employer during the relevant time periods; denying the request for oral argument; granting plaintiffs' [49-1] joint motion for leave to file amended complaints to with the evidence and accurately reflect the name of one of the defendants / amend [1-1] complaint, [8-1] intervenor complaint; the clerk is directed to docket plaintiff's amended complaints (Signed by Judge Harvey E. Schlesinger) ctc (slc) (Entered: 01/09/2002)
66 AMENDED COMPLAINT, jury demand, injunctive relief sought by Equal Employment (amending [1-1] complaint adding Florida Physicians Leasing Co., Inc. d/b/a Physicians Leasing Co.; terminating defendant Physicians Leasing Co., Inc.) (slc) (Entered: 01/09/2002)
67 AMENDED INTERVENOR'S COMPLAINT by Theresa McWilliams : (amending [8-1] intervenor complaint by adding intervenor-defendant Florida Physicians; terminating intervenor-defendant Physicians Leasing Co., Inc.) (slc) (Entered: 01/09/2002)
68 NOTICE of substitution of counsel for Thompson & Ward, Florida Physicians by William Henry Andrews, Michael Gregory Prendergast (slc) (Entered: 01/10/2002)

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01/09/2002 01/14/2002
02/01/2002
02/01/2002 02/04/2002
02/14/2002 02/19/2002 02/20/2002 02/22/2002 03/01/2002
03/01/2002 03/01/2002 03/01/2002 03/01/2002

69 UNOPPOSED MOTION by Thompson & Ward, Florida Physicians for extension of pretrial deadlines (unopposed) , and for expedited ruling (unopposed) (slc) (Entered: 01/10/2002)
70 ORDER granting [69-1] unopposed motion for extension of pretrial deadlines and [69-2] unopposed motion for expedited ruling; set hearing on arguments from parties with respect to amending the pretrial deadlines to 10:15 2/1/02 ; the pretrial conference is cancelled (Signed by Judge Harvey E. Schlesinger) ctc (slc) (Entered: 01/14/2002)
71 MOTION HEARING held on 2/1/02 re: [69-1] consent motion for extension of pretrial deadlines, [69-2] consent motion for expedited ruling before Judge Harvey E. Schlesinger, all previously scheduled case management dates are vacated, Court Reporter: Evelyn Alderman (ddj) (Entered: 02/01/2002)
72 NOTICE OF HEARING: Set status conference for 11:15 3/1/02 scheduled for Judge Harvey E. Schlesinger ( Signed by Deputy Clerk ) ctc (ddj) (Entered: 02/01/2002)
73 ORDER referring case to mediation. The parties have 11 days to select a mediator. Conduct hearing by 3/29/02; vacating dates set forth in [10-1] Scheduling order, and will be reset at the status conference set for 3/1/02. ( Signed by Judge Harvey E. Schlesinger ) ctc (jec) (Entered: 02/04/2002)
74 APPEAL of Magistrate Judge ruling re: [63-1] order to District Court filed by Thompson & Ward, Florida Physicians . (jec) (Entered: 02/15/2002)
75 NOTICE OF MEDIATION, by mediator: set mediation conference for 9:15 3/22/02 (jec) (Entered: 02/19/2002)
76 NOTICE of selection of a mediator, Mattox Hair, by Theresa McWilliams (jec) (Entered: 02/21/2002)
77 MOTION by Thompson & Ward, Florida Physicians with memorandum in support for leave to file answers to amended complaints out of time referred to Magistrate Judge Thomas E. Morris (jec) (Entered: 02/25/2002)
78 RESPONSE by Equal Employment to [74-1] Magistrate motion (titled, response to defendants' objection to Magistrate's order denying defendants' motion to extend discovery period to take the deposition of plaintiff-intervener) (jec) Modified on 03/01/2002 (Entered: 03/01/2002)
79 RESPONSE by Theresa McWilliams to [74-1] Magistrate motion (titled, objection to defendants' requests to reopen discovery and pleadings in this cause) (jec) Modified on 03/01/2002 (Entered: 03/01/2002)
MOTION(S) no longer referred: [77-1] motion for leave to file answers to amended complaints out of time (jec) (Entered: 03/01/2002)
80 STATUS CONFERENCE held on 03/01/02 before Judge Harvey E. Schlesinger: Order to enter; Court Reporter: Evelyn Alderman (mfk) (Entered: 03/04/2002)
ORAL MOTION in open court by Thompson & Ward to reopen discovery (jec) (Entered: 03/04/2002)

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03/04/2002
03/08/2002 03/18/2002 04/01/2002 04/02/2002 04/02/2002 04/29/2002 04/30/2002 05/01/2002 06/19/2002

81 ORDER: overruled [74-1] objection to magistrate's order, granting in part, denying in part [0-0] motion to reopen discovery. Defendants may not depose the plaintiff or conduct any additional discovery in this case with respect to liability. Defendants may conduct limited document discovery pertaining to damages, including W-2 forms, interim earnings, and evidence of mitigation of damages. The intervening plaintiff shall turn over all such documents to counsel for the defendants no later than the close of business on 3/11/02. reset SCHEDULING order deadlines: Pretrial conference set for 1:00 4/12/02 ; Pretrial stipulation due on 4/5/02 Jury trial set for 9:30 5/6/02 ; scheduled for Judge Harvey E. Schlesinger ( Signed by Judge Harvey E. Schlesinger ) ctc (jec) (Entered: 03/04/2002)
82 RESPONSE by Equal Employment in opposition to [77-1] motion for leave to file answers to amended complaints out of time (jec) (Entered: 03/08/2002)
83 MOTION by Thompson & Ward, Florida Physicians with memorandum in support for leave to file reply to plaintiff EEOC's memorandum in opposition to defendants' motion for leave to file answers to amended complaints out of time referred to Magistrate Judge Thomas E. Morris (jec) (Entered: 03/18/2002)
84 MEDIATION REPORT. Mediation conference held: 3/22/02. Mattox S. Hair, mediator. Hearing outcome: settled (jec) (Entered: 04/01/2002)
85 ORDER, dismissing case without prejudice to the right of any part to reopen the action within 30 days or to submit a stipulated form of final judgment, the clerk shall close the file ( Signed by Judge Harvey E. Schlesinger ) ctc (ddj) (Entered: 04/02/2002)
CASE CLOSED. (ddj) (Entered: 04/02/2002)
86 NOTICE of filing consent decree by Equal Employment, proposed consent decree received (lrb) (Entered: 04/29/2002)
87 JOINT STIPULATION of dismissal with prejudice by Thompson & Ward, Florida Physicians, Equal Employment, Theresa McWilliams (sms) (Entered: 04/30/2002)
88 ORDER, dismissing with prejudice ; each party to bear its own costs and attorneys' fees ( Signed by Judge Harvey E. Schlesinger ) ctc (sms) (Entered: 05/01/2002)
89 CONSENT DECREE by Equal Employment, Thompson & Ward, Theresa McWilliams, Florida Physicians; it is Ordered that Defendants, their officers and / or employees, agree not to engage in conduct which violates Title VII of the Civil Rights Act of 1964, as amended; not to discriminate against any employee who opposes any of Defendants' practices, files a charge of discrimination with the EEOC, cooperates with the EEOC in the investigation or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case; Defendants shall provide all employees and managers a complete copy of their respective policy against sexual harassment within 30 days; all new employees shall be given a copy of their respective policy against sexual harassment within their first week of employment; Defendants shall expressly notify the EEOC of any modifications on or before the next scheduled monitoring report; Defendants will conduct a 3 hour training for all managers and

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supervisory personnel on discrimination with specific emphasis on recognizing sexual harassment; Defendants shall provide the EEOC with the date and location of the training, the training materials to be used, and a general description of the category of employees in attendance, 2 weeks prior to the training; training will be conducted by attorneys for Defendants or another qualified law firm or organization mutually agreed upon; training shall be conducted within 60 days and annually thereafter; the sexual harassment policy and training materials shall be presented to and explained to all new managers and supervisors who did not attend the annual training within 30 days; Defendants will post a copy of the Notice as set forth in the Order; Defendants will retain all employment records relating to any complaint of sexual harassment for the duration of this Decree and as required under Federal law; Defendants will certify to the EEOC annually that they are in compliance with all aspects of this Decree; the first certification will be due no later than 30 days from the first training; Defendants will provide the EEOC with the name, address, and phone number of any person who alleges they have been sexually harassed while working for Defendants; Defendants will state the actions taken in response to each allegation and provide all documentation; Defendants shall pay $45,000.00 by mail within 30 days to be disbursed as follows: Theresa McWilliams, $21,434.73 as compensatory and punitive damages; Theresa McWilliams, $2,000.00, as back wages; Jeffrey J. Sneed, Esq., $21,565.27 as attorney fees and costs; the payments to Ms. McWilliams shall be made by check as set forth in the Order;Defendants shall provide the EEOC with a copy of the payments as set forth in the Order; failure to provide the payments within 30 days will result in interest on the defaulted payment at the rate calculated by law, until the same is paid; the Commission shall have independent authority to seek enforcement of this Decree; each party shall bear her or its own costs and attorneys fees; this Decree shall remain in effect for 3 years (signed by District Judge Harvey E. Schlesinger) (def) Modified on 06/24/2002 (Entered: 06/20/2002)

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