Case 1:13-cv-21666-KMW Document 1 Entered on FLSD Docket 05/08/2013 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
DYNAMIC MEDICAL SERVICES, INC.,
Defendant.

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Civil Action No.

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COMPLAINT

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JURY TRIAL DEMANDED

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NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. (“Title VII”), and Title I of the Civil Rights Act of 1991, 42 U.S.C. §1981a, to correct unlawful employment practices on the basis of religion and to provide relief to Rommy Sanchez (“Sanchez”), Norma Rodriguez (“Rodriguez”), Yanileydis Capote (“Capote”), Maykel Ruz (“Ruz”), and a class of current and/or former employees of Defendant Dynamic Medical Services, Inc. (“Dynamic”), who were victims of such unlawful employment practices. As alleged with greater specificity below, Sanchez, Rodriguez, Capote, Ruz and a class of current and/or former employees of Dynamic were subjected to disparate treatment based on religion when Dynamic coerced them to adopt Scientology religious views and practices as a condition of continued employment. Sanchez, Rodriguez, Capote, Ruz and a class of current and/or former employees of Dynamic were also subjected to a hostile work environment based on religion by Dynamic’s unwelcome imposition upon them of Scientology religious views and

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practices. Dynamic also terminated Sanchez and Rodriguez in retaliation for opposing Dynamic’s unlawful practices. Further, Dynamic failed to accommodate the religious beliefs of Rodriguez.
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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful herein were committed within the jurisdiction of the United States District Court for the Southern District of Florida, Miami Division.
PARTIES 3. The U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”) is an Agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. Dynamic provides medical and chiropractic services to patients. 5. Dr. Dennis Nobbe (“Nobbe”) is the owner of Dynamic. 6. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. § 2000e (b), (g), and (h).
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CONDITIONS PRECEDENT 7. More than thirty days prior to the institution of this lawsuit, Sanchez, Rodriguez, Capote, and Ruz filed charges of discrimination with the Commission alleging violations of Title VII by Dynamic. 8. On November 29, 2011, the Commission issued a notice to Dynamic that it was “expanding the scope of the investigation . . . to include the religious discrimination practices of Dynamic Medical Services as they affect a class, or classes, of individuals, under Title VII of the Civil Rights Act of 1964, as amended.” 9. Prior to the institution of this lawsuit, the Commission issued Letters of Determination finding reasonable cause to believe that (1) Dynamic subjected Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals to a hostile work environment based on their religion; (2) Dynamic subjected Norma Rodriguez, Maykel Ruz, Rommy Sanchez, and Yanileydis Capote to disparate treatment because of their failure to conform to employer’s religion; (3) Dynamic failed to accommodate the religious beliefs of Norma Rodriguez, Maykel Ruz, Rommy Sanchez, and Yanileydis Capote; (4) and Dynamic terminated Norma Rodriguez and Rommy Sanchez in retaliation for opposing Dynamic’s unlawful employment practices. 10. Prior to institution of this lawsuit, the Commission’s representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with Title VII through informal methods of conciliation, conference and persuasion within the meaning of Section 706(b) of Title VII, 42 U.S.C. § 2000e-5(b).
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11. All conditions precedent to the institution of this lawsuit have been fulfilled.
STATEMENT OF FACTS 12. Dynamic provides medical & chiropractic care to enable patients to overcome a variety of health problems. 13. Dynamic has two clinical locations. One at 8303 SW 40th Street (Bird Road), Miami, Florida, which is in the Coral Gables neighborhood (“Coral Gables Clinic”); and another at 1685 W 49th Street, Suite #1104, Hialeah, Florida, which is located in Westland Mall (“Westland Mall Clinic”). 14. Dynamic has a third place of business, a non-clinic location, near the Coral Gables Clinic, where, among others, “callers” work. 15. Callers are employees responsible for calling patients and prospective patients to make appointments. 16. Dynamic also employs salespeople. A salesperson’s job consists of going to high traffic commercial areas, advertising Dynamic’s services, and convincing people to make an appointment for free services or treatments. 17. If a person agreed to make an appointment for free services or treatment, the potential patient filled out a form and handed it to the salesperson who then took the form back to a “caller.” 18. Each day, a salesperson’s goal was to get at least twelve appointment sheets. In other words, each day a salesperson had to convince twelve people to make an appointment for free services or treatments. The caller then had to call the potential patient to ensure the patient arrived at one of the clinics for free services or treatments.
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19. Dynamic tracked the number of people who arrived for free services and treatment. Dynamic referred to these people as “arrivals.”
20. Callers followed up with arrivals to convince them to come in for other appointments, which would be paid by the patient or patient’s insurer.
21. Dynamic tracked the number of people who made more appointments for treatment and services paid for by patient and/or patient’s insurer. Dynamic referred to these people as “stays.”
22. Dynamic tracked the number of arrivals and stays attributable to each caller and salesperson.
23. Scientology is a religion developed by L. Ron Hubbard. 24. Dynamic requires employees to attend courses that involve participating in Scientology religious practices (“Course(s)”). 25. Courses use written materials developed by L. Ron Hubbard. 26. As part of Courses, employees do exercises that are Scientology religious practices and exercises. 27. During Courses, instructors refer to writings of L. Ron Hubbard, such as “The Way To Happiness,” “Dianetics,” and “Original Thesis,” to assist employees during the Course. 28. “The Way To Happiness,” “Dianetics,” and “Original Thesis,” are Scientology religious writings. 29. Jose Luis Alarcon (“Alarcon”) is an employee of Dynamic who manages the Courses for Dynamic and is a Course instructor.
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30. Alarcon is also responsible for completing paperwork with new employees, reviewing employee handbook and policies with new employees, and completing W-4 forms.
31. Alarcon makes recommendations to Nobbe about employment decisions. 32. Charlie Fox (“Fox”) is an employee of Dynamic who assisted in running and organizing the Courses, and was also a Course instructor. 33. Maria Lita Reyes (“Lita”) is an employee of Dynamic and supervises the Courses. 34. Lita is also a supervisor and does administrative, personnel, and accounting functions. 35. Carolina Crespo (“Crespo”) was an employee of Dynamic from 2008 to 2010. Crespo supervised the Courses. 36. Lucy Montero (“Montero”) is a Dynamic employee who supervises sales and marketing employees. 37. Montero prepares staff schedules, coordinates workload of employees in the field, trains new hires, interviews prospective employees and makes hiring recommendations to Alarcon and Nobbe. 38. Ana Garcia is an employee of Dynamic who supervises about fifteen employees. She is responsible for ensuring the clinics are operating properly. She is also responsible for terminating employees. 39. Courses took place in a small conference room at the Westland Mall Clinic (“Course Room”).
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40. The Course Room was specially constructed for purpose of holding Courses.
41. Prior to Course Room being built, Courses took place in unused patient rooms at Dynamic clinic locations.
42. Course Room had shelves along the wall that were filled with Scientology religious books such as “Dianetics” and “The Way To Happiness.”
43. Every Monday all employees, including salespeople and callers, held a meeting with Nobbe and other supervisors (“Monday Meetings”).
44. At the Monday Meetings callers and salespeople announced the numbers of arrivals and stays they achieved.
45. At the Monday Meetings salespeople would receive their schedule for the week.
46. A salesperson’s schedule would state where the employee had to go to do sales, what hours a sales shift lasted, and when and where the employee had to attend Courses.
Norma Rodriguez 47. Norma Rodriguez worked for Dynamic from April 2008 to March 8, 2010. 48. Monetro interviewed Rodriguez. 49. After consulting with Nobbe, Montero told Rodriguez she was hired as salesperson. 50. On or about June 2008, when Rodriguez went to one of the Dynamic clinic locations to turn-in her appointment sheets, Alarcon told her she had to start attending the Courses.
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51. Also, at a Monday Meeting Rodriguez attended, Alarcon announced to all employees they all had to attend Courses.
52. Rodriguez received a schedule instructing her to attend Courses in the morning from 9 a.m. to noon and do sales in the afternoon.
53. Rodriguez attended Courses Monday through Friday from 9 a.m. to noon from approximately June 2008 to the time she was terminated in March 2010.
54. Examples of exercises Rodriguez did during the Courses included: (1) sit facing another person, and stay absolutely still for eight hours, and if one of the instructors saw Rodriguez’s eyes stray or a finger move or her body lean, the time started again; (2) scream at an ashtray; (3) walk out to someone in the mall, stop them, and stare at them without talking to them. These exercises are practices done by Scientologists as part of their religion.
55. On one occasion a female instructor told Rodriguez that she should go to the Church of Scientology to undergo detoxification.
56. A week before Rodriguez was terminated, Alarcon told Rodriguez that she had to start attending Courses at the Church of Scientology and that Montero, Rodriguez’s supervisor, would provide her with a new schedule that incorporated Courses at the Church of Scientology into Rodriguez’s schedule. After this conversation with Alarcon, Rodriguez told Montero she did not want to go to the Church of Scientology. Montero responded to Rodriguez that Nobbe wanted everyone to go to the Church of Scientology, and that Rodriguez had speak to Alarcon about not wanting to attend. Rodriguez spoke with Alarcon and told him she is a Jehovah’s Witness and that she did not want to go to the Church of Scientology for Courses. Alarcon said other
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Christians attend the Church of Scientology for Courses. Rodriguez responded that she did not care about those people and that she did not want to go. Alarcon made a disapproving gesture with his face. The Monday following Rodriguez’s conversation with Montero and Alarcon, Montero told Rodriguez she was fired.
Maykel Ruz 57. Maykel Ruz worked for Dynamic from December 2008 to March 2010. 58. Ruz’s wife, Danie Gomez, already worked at Dynamic and recommended Ruz for a job. Ruz’s wife was a salesperson. 59. Alarcon interviewed Ruz and told him he would be hired as salesperson and would start the next day. 60. Approximately two weeks after the start of Ruz’s employment at Dynamic, Alarcon told Ruz he had to start attending Courses. 61. Examples of exercises Ruz did during the Courses included: (1) sit facing another person, and stay absolutely still for eight hours, and if one of the instructors saw Ruz’s eyes stray or a finger move or his body lean, the time started again; (2) scream at an ashtray; (3) talking to the wall; (4) physically push a man out of the way so Ruz could walk through a door. These exercises are practices done by Scientologists as part of their religion. 62. Lita told Ruz to sign a paper that said the Courses were good for him. 63. Alarcon kept track of how much time Ruz spent in the Courses and would tell Ruz how much time he had left in a particular Course. 64. Ruz took Courses from about two weeks after he started working at Dynamic until he left the company.
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65. One day, on or about October 2009, Ruz and his wife did not have money for gas to get them from home to attend the Course for which they were scheduled, and then to the locale where they had to do sales. Ruz and his wife did not have money because several of their paychecks from Dynamic had bounced for insufficient funds. As a result, Ruz and his wife did not arrive at the Course. Alarcon called Ruz and Ruz explained that he did not have gas or money to buy gas. Alarcon said it is not excuse not to have gas, that Nobbe was waiting for Ruz and his wife, and that they had to come to the Course for which they were scheduled to attend. Ruz and his wife showed up at the Westland Mall Clinic. Ruz, his wife, Nobbe, and Alarcon met immediately. Nobbe spoke to them in English and Alarcon translated. Nobbe, through Alarcon, told them they had to attend the Courses, and that he could fire them at anytime because “Balseros [refers to Cuban immigrant who arrive by rafts] like you arrive every day.” The meeting lasted for about 20-30 minutes. After the conversation, Ruz and his wife took the Course. They did not do sales work that day.
66. On or about February 2009, Ruz told Montero he did not want to attend the Courses. Montero responded, “This will help you in life,” and “it is the best thing for you.” She also said, “You have to because Nobbe requires it,” and she said “he [Nobbe] is paying for you to take these courses.”
67. On another occasion, during one of the Courses, Ruz told Alarcon that he didn’t understand their religion and didn’t want to do it. Alarcon told Ruz, “You will do it because Nobbe requires it.”
68. On or about December 2009, Ruz attended a meeting Nobbe and Alarcon held with all the callers, sales people, and therapist. Nobbe spoke and Alarcon translated
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for him. Nobbe, through Alarcon, said “you have to go to the church.” Nobbe explained that callers would go as a group and sales people would go as a group. During this time, Ruz was on location doing sales until 1 a.m. so he did not go to Church of Scientology. Alarcon would approach Ruz at least once a week and tell him he had to go to Church of Scientology. Nobbe approached Ruz at least two or three times telling him he had to go to Church of Scientology.
69. Ruz stopped attending the Courses. On one occasion Nobbe told Ruz, with Alarcon translating, that if Ruz did not attend Courses he could not work at Dynamic. Ruz went back to taking Courses because he did not want to get fired. Approximately, a month later he again complained to Alarcon telling him he did not want to do the Courses. Alarcon went to make a call, came back, and told Ruz, “If you don’t continue attending Courses you have to leave.” Ruz resigned.
Rommy Sanchez 70. Rommy Sanchez worked for Dynamic from approximately June or July 2007 to March 2010. 71. Sanchez was a patient at the clinic and knew Alarcon and Ana Garcia, both of whom recommended her. She interviewed with Betsy Blair and started the day after the interview. 72. Sanchez’s first worked as a caller, then, right before she was terminated, she worked in telemarketing. 73. On Sanchez’s first day of work she was told she had to do the Courses. 74. She took the Courses at the location at the Coral Gables Clinic, in unused patient rooms, and did her work making calls at the nearby non-clinic location.
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75. She took Courses either from 9 a.m. to noon, or 1 p.m. to 5 p.m., or 9 a.m. to 5 p.m., Monday through Friday.
76. Before starting the Course, Alarcon gave Sanchez a paper to sign that said she agreed with taking the Course. Sanchez signed a paper for each Course she took, stating she agreed with taking the Course.
77. Sanchez had to take “Learning to Learn” Course for a month. She also took the course where she sat face to face staring at someone for eight hours without moving.
78. If an instructor believed Sanchez did not understand a word or phrase in the Course materials she was reading, the instructor would ask her the part she did not understand, then the instructor would open the book “The Way to Happiness” or “Original Thesis,” ask the her to read an excerpt from those books, and then re-read the Course materials.
79. “The Way To Happiness” and “Original Thesis” are Scientology religious books.
80. Sanchez was also forced to do the following: have a machine connected to her using cables, and sit and answer personal questions about her life while connected to this machine. Sanchez was forced to do this three times a week for a month. The machine Sanchez was connected to is an E-Meter. The Electropsychometer or E-Meter is a Scientology “religious artifact.”
81. One day, at the end of 2009, Nobbe approached Sanchez, with Alarcon translating for him, and told her he wanted her to take a Course that would “purify” her. Afterward the conversation with Nobbe, Sanchez told Alarcon while the two of them
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were alone that she did not want to do the Course. Alarcon tried to convince her that the Course was good for her, that it would change her mind and detox her. When Sanchez still said she did not want to do it, Alarcon said, “Remember you work for Dynamic and Nobbe is paying for this.”
82. Sanchez started the “purification” course at the end of 2009. The purification course was held at the Church of Scientology in the Coral Gables neighborhood in Miami.
83. Charlie Fox supervised the purification Course at the Church of Scientology. He worked at the Westland Mall Clinic from 9 a.m. to noon and then went to the Church of Scientology and was there until 9 or 10 p.m.
84. The Church of Scientology in Coral Gables has a front and back entrance. Through the front entrance there was the front desk and further to the left there was a classroom where members of the Church of Scientology took Courses. Also in the front entrance there was a mural of Church of Scientology members. The Church of Scientology members were displayed on the mural in order of importance. Nobbe appeared on the mural close to the top, and Betsy Blair also appeared near the bottom. Through the back entrance was a small area with a desk, treadmills, a bathroom/changing room and a sauna.
85. To do purification Course, Sanchez had to make her way to the back area, or enter through the back, and check-in with Fox who was stationed at the desk in the sauna area. After checking in with Fox, Sanchez changed, jogged on treadmill for 20-30 minutes, took twenty pills that Fox told her were “vitamins,” then she went into the sauna. She had to be in the sauna for five hours. Fox kept track of the time. If Sanchez
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left early or arrived late, Fox would tell her she had to make up the time. Sanchez did purification every single day, even weekends, from 2 p.m. to 7 p.m. from the end of 2009 until late January 2010.
86. Sanchez had been doing purification for approximately two or three weeks when she had an incidence where she fainted. When Sanchez awoke she drank water and Fox said she had to go in the sauna. Sanchez understood that Scientologists believe that when something like that happens during a purification Course, it is a good thing because it means the person released something form themselves. Sanchez had to go back into the sauna that day.
87. The next day, after the fainting episode, Sanchez goes to work but does not do purification. She does not go to purification for the next two or three days. Fox approached Sanchez at work and asked why she had not gone to the Church of Scientology to continue purification.
88. Approximately three days after the fainting episode, Sanchez, Dania (last name unknown) and Alarcon meet at work to discuss the purification Course. Sanchez tells Alarcon she does not want to go back to the Church of Scientology for purification. Alarcon responds, “you work for Nobbe, and Nobbe is paying for this.” Sanchez went back to the Church of Scientology to do purification Course to keep her job.
89. The “purification” process Sanchez underwent is a religious practice of Scientology. The “Purification Rundown” is a detoxification program which enables an individual to rid himself of the harmful effects of drugs, toxins and other chemicals that lodge in the body and create a biochemical barrier to spiritual well-being. It is a regimen of exercise, sauna and nutrition developed by L. Ron Hubbard.
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90. On or about January 2010, when Sanchez finished purification, Fox told her she had to go on to the next step which was to take Courses at the Church of Scientology.
91. Sanchez went to the classroom located at the Church of Scientology in Coral Gables, the same place where she had done the purification Course, and a person there gave her a course book. Sanchez said the book the person gave her at the Church of Scientology was titled “Learning to Learn.” The exact same Course she had done at Dynamic she was now asked to do at the Church of Scientology. Sanchez told the person who handed her the book that she was one of Nobbe’s employees and that she had already done that course. The person said, “Oh Ok,” and brought her another course book, but it was also a Course she had already done at Dynamic. Fox explained to Sanchez that this was correct, that she would have to do Courses again, but instead she would do them at the Church of Scientology.
92. On or about late January or early February of 2010, after the day that Sanchez went to the Course at Church of Scientology, she stopped going regularly to the Church of Scientology. Throughout February 2010, Alarcon approached Sanchez several times at work and asked why she was not going to the Church of Scientology. Sanchez went two or three times to the Church of Scientology between late January and February 2010 in an attempt to keep her job at Dynamic.
93. Alarcon and Fox noticed Sanchez was not attending the Church of Scientology regularly. Sanchez was fired in March 2010.
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Yanileydis Capote 94. Yanileydis Capote worked for Dynamic from May 2009 to approximately May or June 2010. Capote’s position was Public Patient Relations, working directly with doctors and patients in the clinic. 95. Capote went in for an interview April 29, 2009 and started in June 1, 2009 96. Shortly after being hired, Ana Garcia and Betsy Blair told Capote to be at Westland Mall Clinic at 8 a.m. the next day for the Courses. 97. The first day Capote attended the Courses, Crespo told Capote the Courses were based on books written by L. Ron Hubbard. Capote started with the course titled “Learning to Learn.” She also took a course where she screamed at an ashtray which took the entire day. Other examples of courses included: “How to Get Things Done,” “Eyes Open, Eyes Closed,” and one where she had to throw a co-worker up against the wall. 98. Capote did courses from 8 a.m. to 5 p.m. and then she went to the Coral Gables Location to do Public Patient Relations work. 99. Approximately six months after starting the Courses, Capote told Ana Garcia that she wanted to stop doing the Courses. Shortly after Capote’s conversation with Ana Garcia, Alarcon approaches Capote after she finished a course. Alarcon gives Capote two books, “Dianetics” and “The Way to Happiness” and tells her she has to read a chapter from “The Way to Happiness” and then complete a hand-out on her reading. After Capote is done completing that hand-out, Alarcon gives her a paper to sign stating that Capote is doing the exercise voluntarily. Alarcon then leads her through a similar procedure using the “Dianetics” book. Afterwards, Alarcon takes Capote into Nobbe’s
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office and tells Capote to watch a video on “Dianetics.” Alarcon also told Capote that Nobbe wanted her to read “The Way to Happiness” and “Dianetics.”
100. After this occurred Capote did not attend courses. Later, Nobbe met with Capote and told her she had to attend the Courses again. Capote told Ana Garcia that she did not want to go back to the Courses, but Ana Garcia said she had to go back.
101. Capote was also required to sell copies of books “The Way to Happiness,” “Original Thesis,” and “Dianetics.”
102. Capote resigned on or about May or June 2010. Class of Individuals
103. Dynamic required other employees to attend the Courses. These present and/or former employees for which EEOC seeks relief were required to attend Courses to keep their jobs.
104. Dynamic supervisors and Course instructors told other employees for which EEOC seeks relief to attend Courses, seminars, and participate in religious practices at the Church of Scientology.
STATEMENT OF CLAIMS 105. Paragraphs 12 through 104 are incorporated herein. Dynamic engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), by subjecting Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote to disparate treatment based on religion when the employer coerced them to adopt Scientology religious practices and beliefs as a condition of continued employment. 106. Paragraphs 12 through 104 are incorporated herein. Dynamic engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. §
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2000e-2(a), by subjecting Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals to a hostile work environment based on religion by the employer’s unwelcome imposition upon them of Scientology religious views and practices.
107. Paragraphs 12 through 46 and 47 through 56 are incorporated herein. Dynamic engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), by failing to accommodate the religious beliefs of Norma Rodriguez, who requested not to participate in Scientology religious practices and teachings on the grounds that she is a Jehovah’s Witness
108. Paragraphs 12 through 46, 47 through 56, and 70 through 93 are incorporated herein. Dynamic engaged in unlawful employment practices in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), by terminating Norma Rodriguez and Rommy Sanchez based on their failure to conform to employer’s Scientology religious practices and beliefs.
109. Paragraphs 12 through 46, 47 through 56, and 70 through 93 are incorporated herein. engaged in unlawful employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a), by terminating Norma Rodriguez and Rommy Sanchez in retaliation for opposing Dynamic’s unlawful employment practices by refusing to participate in Dynamic’s Scientology practices.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: 110. Grant a permanent injunction enjoining Dynamic, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in
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employment practices which discriminate on the basis of religion in violation of Section 703(a) of Title VII. This shall include, but is not limited to, enjoining Dynamic from mandating Courses that involve participating in Scientology religious practices, enjoining Dynamic from mandating employees to participate in religious practices, courses, and/or any teachings at the Church of Scientology; and
111. Grant a permanent injunction enjoining Dynamic, its officers, successors, assigns and all persons in active concert or participation with it, from retaliating against employees for engaging in conduct protected by Section 704(a) of Title VII, including but not limited to objecting to participating in any activity at employer’s places of business or at the Church of Scientology that involve religious practices and/or teach religious content; and
112. Order Dynamic to institute and carry out policies, practices, and programs which provide equal employment opportunities for individuals of all religions, including but not limited to non-Scientologists, and which eradicate the effects of its past and present unlawful employment practices; and
113. Order Dynamic to make whole Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals subjected to disparate treatment and/or a hostile work providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 12 to 104 above, including, but not limited to, relocation expenses, job search expenses, and medical expenses, in amounts to be determined at trial;
114. Order Dynamic to make whole Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals subjected to disparate treatment
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and/or a hostile work environment by providing past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraphs 12 to 104 above, including emotional and physical pain, suffering and mental anguish, in amounts to be determined at trial; and
115. Order Dynamic to pay Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals subjected to disparate treatment and/or a hostile work environment punitive damages for its malicious and reckless conduct, as described in paragraphs 12 to 104 above, in amounts to be determined at trial; and
116. Order Dynamic to make whole Norma Rodriguez and Rommy Sanchez by providing appropriate back pay with pre-judgment 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 awarding front pay to Norma Rodriguez and Rommy Sanchez;
117. Grant such other further relief as the Court deems necessary and proper in the public interest; and
118. Award the Commission its costs in this action. JURY TRIAL DEMANDED
119. The Commission requests a jury trial on all questions of fact raised by its complaint. Dated May 8, 2013
Respectfully submitted, P. DAVID LOPEZ General Counsel JAMES L. LEE Deputy General Counsel
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GWENDOLYN YOUNG REAMS Associate General Counsel U.S. Equal Employment Opportunity Commission 131 M Street, N.E. Washington, D.C. 20507 ROBERT E. WEISBERG Regional Attorney KIMBERLY A. McCOY-CRUZ Supervisory Trial Attorney /s/ Beatriz Biscardi Beatriz Biscardi Trial Attorney Bar ID No. A5501597 U.S. Equal Employment Opportunity Commission Miami District Office 100 S.E. 2nd Street, Suite 1500 Miami, Florida 33131 Tel: 305-808-1783 Fax: 305-808-1835 beatriz.biscardi@eeoc.gov
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 Case 1:13-cv-21666-KMW Document 38 Entered on FLSD Docket 10/04/2013 Page 1 of 22

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

CIVIL ACTION NO: 1:13-CV-21666-KMW

NORMA RODRIGUEZ, MAYKEL RUZ, ROMMY SANCHEZ, and YANILEYDIS CAPOTE,

Intervening Plaintiffs, v.

FIRST AMENDED COMPLAINT

DYNAMIC MEDICAL SERVICES Inc.

JURY TRIAL DEMANDED

Defendant. _________________________________________/

FIRST AMENDED COMPLAINT IN INTERVENTION OF NORMA RODRIGUEZ, MAYKEL RUZ
ROMMY SANCHEZ and YANILEYDIS CAPOTE

Intervenors Norma Rodriguez, Maykel Ruz, Romy Sanchez and Yanileydis Capote

through their undersigned counsel, file this Complaint as party Plaintiffs, as authorized by Fed.

R. Civ. P. 24.

JURISDICTION AND VENUE

1. This action is brought by the Intervening Plaintiffs, for religious discrimination in

employment pursuant to the “Florida Civil Rights Act of 1992.”, Chapter 760, Florida

Statutes and the Florida’ Private Sector Whistleblower’s Act, Florida Statute section

448.102, protecting a person from retaliation for opposing illegal conduct.

2. Jurisdiction of Intervenors’ federal claims is invoked pursuant to 28 U.S.C. §§1331,

1332, 1343, 2201 and 2202, and 42 U.S.C. §2000e-5(f). Supplemental jurisdiction over

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Intervenors’ state law claims is conferred by 28 U.S.C. § 1367, as their state and federal claims arise out of a common nucleus of operative fact, as more fully set forth below. 3. Venue lies with this Court as to Intervenors’ claims as the events giving rise to their claims occurred in Miami-Dade County, Florida.
PARTIES 4. The U.S. Equal Employment Opportunity Commission (“Commission” or “EEOC”) is an
Agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 5. Defendant Dynamic Medical Services, Inc. (hereinafter “Dynamic”) is a Florida corporation doing business in the State of Florida including Dade County, Florida. Defendant has continuously had at least 15 employees, and has been engaged in an industry affecting commerce under Section 701(b), (g), and (h) of Title VII, 42 U.S.C. § 2000e (b), (g), and (h). At all relevant times Defendant has continuously been an employer within the meaning of 42 U.S.C. §2000e (b) and Chapter 760.02 (7), Florida Statutes. 6. Dynamic provides medical and chiropractic services to patients. 7. Dr. Dennis Nobbe (“Nobbe”) is the owner of Dynamic. 8. Intervenor Norma Rodriguez (hereinafter “Rodriguez”) is a former employee of Dynamic, having worked for Defendant from approximately March 24, 2008 to March 8, 2010. 9. Intervenor Maykel Ruz (hereinafter “Ruz”) is a former employee of Dynamic having worked for Defendant from approximately November 06, 2008 to March 25, 2010. 10. Intervenor Rommy Sanchez (hereinafter “Sanchez”) is a former employee of Dynamic, having worked for Defendant from approximately June, 2007 to March 8, 2010.
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11. Intervenor Yanileydis Capote (hereinafter “Capote”) is a former employee of Dynamic, having worked for Defendant from approximately May 26, 2009 to June 14, 2010. CONDITIONS PRECEDENT
12. More than 30 days previous to the institution of this lawsuit, Intervenors filed a dual Charge with the EEOC alleging that Defendant discriminated against Sanchez, Rodriguez, Capote, and Ruz in terms of conditions and privileges of employment, and subjected them to a hostile working environment based on their religion, in violation of Title VII and Florida Civil Rights Act, Chapter 760, Fl Statutes.
13. The Commission issued Letters of Determination finding reasonable cause to believe that (1) Dynamic subjected Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals to a hostile work environment based on their religion; (2) Dynamic subjected Norma Rodriguez, Maykel Ruz, Rommy Sanchez, and Yanileydis Capote to disparate treatment because of their failure to conform to employer’s religion; (3) Dynamic failed to accommodate the religious beliefs of Norma Rodriguez, Maykel Ruz, Rommy Sanchez, and Yanileydis Capote; (4) Dynamic terminated Norma Rodriguez and Rommy Sanchez and constructively discharged Yanileydis Capote and Maykel Ruz in retaliation for opposing Dynamic’s unlawful employment practices.
14. Prior to the institution of this lawsuit, Intervenors have complied with all pre-suit requirements. STATEMENTS OF FACTS
15. Dynamic’s sole owner, Nobbe, is a member of the Church of Scientology. 16. Dynamic conditions employment on attendance at mandatory courses that involve
participating in Scientology religious practices (“Course(s)”). The Courses are religious in nature as demonstrated by the following: (a) Courses use written materials developed
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by L. Ron Hubbard, who developed the religion of Scientology; (b) written materials contain references throughout to concepts and terms such as “ARC Triangle,” “matter, energy, space, and time (MEST),” and “Cycle of Action,” which are principle tenets of Scientology; (c) as part of Courses, employees do exercises that are Scientology religious practices and exercises, such as to sit facing another person and stay absolutely still for eight hours, scream at an ashtray, talk to a wall, and physically push or move a person from a position, among others; (d) during Courses, instructors refer to Scientology religious writings, written by L. Ron Hubbard, such as “The Way To Happiness,” “Dianetics,” and “Original Thesis,” to assist employees during the Course; and (e) the Courses were held either at one of Dynamic’s clinic locations or at the Church of Scientology. 17. Dynamic employs several Course instructors, including, Jose Luis Alarcon (“Alarcon”), Charlie Fox (“Fox”), Maria Lita Reyes (“Lita”), and Carolina Crespo (“Crespo”). Course instructors are members of the Church of Scientology or associated with the Church of Scientology. Dynamic hires Course instructors solely for the purpose of running religious Courses or, in the case of Alarcon, for running religious Courses and attending to other responsibilities, such as completing paperwork with new employees, reviewing employee handbook and policies with new employees, and completing W-4 forms. 18. Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals were forced to attend the Courses on a regular basis throughout their employment at Dynamic. For example, Rodriguez attended Courses Monday through Friday from 9 a.m. to noon from approximately June 2008 to the time she was terminated in March 2010; Ruz attended Courses from about two weeks after he started working at
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Dynamic in December 2008 until he left the company in March 2010; Sanchez attended Courses either from 9 a.m. to noon, or 1 p.m. to 5 p.m., or 9 a.m. to 5 p.m., Monday through Friday; and Capote attended Courses daily from 8 a.m. to 5 p.m.; and at weekly company-wide Monday meetings, employees received schedules that stated when each employee was required to attend Courses. 19. In addition to requiring mandatory attendance at Courses, Dynamic’s owner and supervisors repeatedly harangued employees to go to the Church of Scientology, to engage in Scientology practices, to read Scientology religious books, and lectured employees about Scientology religious beliefs, many times forcing or coercing employees to actually engage in Scientology religious practices. For example:
a. Nobbe and other supervisors announced at company-wide Monday meetings that employees had to attend Courses at the Church of Scientology.
b. Nobbe would announce at other meetings that employees “have to go to the Church,” going so far as to instruct employees that people who held positions as “callers” would go as a group to the Church, and sales people would go together as a group to the Church.
c. Employees were required to sell “The Way to Happiness” and “Dianetics” to patients.
d. A female Course instructor told Rodriguez that she should go to the Church of Scientology to undergo detoxification because it would take care of the “problems” her and her daughter had, referring to the fact Rodriguez was a cancer survivor and her daughter had recently been diagnosed with cancer as well.
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e. An instructor also told Rodriguez the Courses made her healthier, to which Rodriguez protested, telling the instructor she did not believe what Scientology believed.
f. Nobbe and Course instructors told Rodriguez that Scientologists did not believe people got sick, but rather that illness was just in peoples’ minds.
g. Alarcon told Capote that Nobbe wanted her to read “The Way to Happiness” and “Dianetics.”
h. Class members were required to undergo “audits,” a Scientology practice where a member of the Church of Scientology asks you personal questions about your life.
i. Dynamic instructed class members to attend seminars at the Church of Scientology on topics such as “engrams,” which is a principle or belief of the Scientology religion.
20. Rommy Sanchez was forced to participate in several extensive religious practices at the Church of Scientology. One religious practice involved an Electropsychometer or EMeter is a Scientology “religious artifact.” Sanchez was forced to have a machine connected to her using cables, and sit and answer personal questions about her life while connected to this machine. Sanchez was forced to do this three times a week for a month.
21. Sanchez was also forced to undergo a “purification” process which is a religious practice of Scientology. The “Purification Rundown” is a detoxification program which Scientologists believe enables an individual to rid himself of the harmful effects of drugs, toxins and other chemicals that lodge in the body and create a biochemical barrier to spiritual well-being. It is a regimen of exercise, sauna and nutrition developed by L. Ron Hubbard.
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22. Nobbe approached Sanchez towards the end of 2009, with Alarcon translating for him into Spanish, and told her he wanted her to take a Course that would “purify” her. After the conversation with Nobbe, Sanchez told Alarcon that she did not want to do the “purification” Course. Alarcon said the Course was good for her, that it would change her mind and detox her. When Sanchez still said she did not want to do it, Alarcon said, “Remember you work for Dynamic and Nobbe is paying for this.”
23. Sanchez was required to undergo the purification course which was held at the Church of Scientology in the Coral Gables neighborhood in Miami. Charlie Fox (“Fox”), who was also a Course instructor at Dynamic, supervised the purification Course at the Church of Scientology.
24. As requested, Sanchez did purification every single day, even weekends, from 2 p.m. to 7 p.m. from the end of 2009 until late January 2010, when she fainted as a result of the purification process.
25. After the fainting episode, Sanchez did not go to purification for the next two or three days. Fox approached Sanchez at work, demanding why she had not gone to the Church of Scientology to continue purification.
26. Approximately three days after the fainting episode, Sanchez, Dania (last name unknown) and Alarcon met. Sanchez told Alarcon she did not want to go back to the Church of Scientology for purification. Alarcon responded, “you work for Nobbe, and Nobbe is paying for this.” Sanchez went back to the Church of Scientology to do purification Course to keep her job.
27. Dynamic’s owner, Nobbe, knew about religious Courses and proselytization occurring at Dynamic as demonstrated by the fact he employed Course instructors, he told employees
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to attend the Church of Scientology, he told Sanchez to undergo “purification,” and lectured employees such as Rodriguez on Scientology religious beliefs. 28. Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals all sincerely objected to their immediate supervisors and/or Course instructors about attending the religious Courses and about the repeated religious proselytization and coercion on grounds that these practices and conduct conflicted with their religious beliefs, their conscience and/or religious sensibilities as non-Scientologist. Dynamic refused to accommodate employees or stop the coercive treatment. For example:
a. Rodriguez told her supervisor, Lucy Montero, that she refused to sell religious books “The Way To Happiness” and “Dianetics,” because they were Scientology religious texts.
b. On another occasion, Rodriguez told her supervisor Montero and Jose Luis Alarcon that she is a Jehovah’s Witness and that she did not want to go to the Church of Scientology for Courses. Alarcon said other Christians attend the Church of Scientology for Courses. Rodriguez responded that she did not care about those people and that she personally did not want to attend because of her religion. Alarcon made a disapproving gesture with his face. Montero responded to Rodriguez that Nobbe wanted everyone to go to the Church of Scientology. A week after objecting to the Courses because of her religious beliefs, Rodriguez was terminated.
c. During one of the Courses, Ruz, who is not a Scientologist, told Alarcon that he didn’t understand “their religion” and didn’t want to do the Courses. Alarcon told Ruz, “You will do it because Nobbe requires it.”
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d. Again, on another occasion, on or about February 2009, Ruz told Montero he did not want to attend the Courses. Montero responded, “This will help you in life,” and “it is the best thing for you.” She also said, “You have to because Nobbe requires it,” and she said “he [Nobbe] is paying for you to take these courses.”
e. Likewise, Capote, who is not a Scientologist, told Ana Garcia, her supervisor, that she objected to the religious Courses; and Sanchez, who is not a Scientologist, told Alarcon she did not want to attend the religious Courses. Shortly after stating her objection to her supervisor, Capote was instructed to read “Dianetics” and “The Way to Happiness” and complete a hand-out on both religious works. In response to Sanchez’s objection, Alarcon said, “Remember you work for Dynamic and Nobbe is paying for this.”
f. As discussed above in paragraphs 22 and 25, Sanchez told Alarcon that she did not want to continue doing purification courses and going to the Church of Scientology.
29. The mandatory Courses and repeated attempts to coerce employees into adopting Scientology beliefs and/or engaging in Scientology practices, altered employees’ conditions of employment, subjected employees to offensive conduct, and created a discriminatorily abusive work environment. For example: a. By requiring employees to attend Courses for several hours a day, employees were not able to meet performance quotas within regular work hours, but were forced to work overtime for which they were not always paid.
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b. Ruz found the religious exercises he was forced to engage in – such as physically pushing or moving a person from a position – to be mentally and physically debilitating and stressful.
c. Ruz suffered anguish and stress when Nobbe, through Alarcon translating into Spanish, told him that he and his wife had to attend the Courses, and if not he could fire them at anytime because “Balseros [refers to Cuban immigrant who arrive by rafts] like [them] arrive every day.”
d. Sanchez suffered mental and physical stress being forced to undergo “purification.” She had seen the detrimental physical effects “purification” had on a fellow employee, Maria Del Pino, and did not want to endure the same effects, which she ultimately did endure. Moreover, Sanchez suffered anxiety knowing that if she did not do the “purification rundown” or continue attending Courses, she would lose her job.
e. Rodriguez found that comments into her personal life, and statements that Scientology would cure her and her daughter’s cancer offensive and humiliating.
f. Capote’s objections to religious Courses were met with requirements to read Scientology religious texts, further forcing her to engage in religious practices she objected to, thus creating a discriminatorily abusive environment.
a. Rodriguez told her supervisor, Lucy Montero, that she refused to sell religious books “The Way To Happiness” and “Dianetics,” because they were Scientology religious texts.
b. On another occasion, Rodriguez told her supervisor Montero and Jose Luis Alarcon that she is a Jehovah’s Witness and that she did not want to go to the Page 10 of 22

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Church of Scientology for Courses. Alarcon said other Christians attend the Church of Scientology for Courses. Rodriguez responded that she did not care about those people and that she personally did not want to attend because of her religion. Alarcon made a disapproving gesture with his face. Montero responded to Rodriguez that Nobbe wanted everyone to go to the Church of Scientology. A week after objecting to the Courses because of her religious beliefs, Rodriguez was terminated. c. During one of the Courses, Ruz, who is not a Scientologist, told Alarcon that he didn’t understand “their religion” and didn’t want to do the Courses. Alarcon told Ruz, “You will do it because Nobbe requires it.” d. Again, on another occasion, on or about February 2009, Ruz told Montero he did not want to attend the Courses. Montero responded, “This will help you in life,” and “it is the best thing for you.” She also said, “You have to because Nobbe requires it,” and she said “he [Nobbe] is paying for you to take these courses.” e. Likewise, Capote, who is not a Scientologist, told Ana Garcia, her supervisor, that she objected to the religious Courses; and Sanchez, who is not a Scientologist, told Alarcon she did not want to attend the religious Courses. Shortly after stating her objection to her supervisor, Capote was instructed to read “Dianetics” and “The Way to Happiness” and complete a hand-out on both religious works. In response to Sanchez’s objection, Alarcon said, “Remember you work for Dynamic and Nobbe is paying for this.”
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f. As discussed above in paragraphs 22 and 25, Sanchez told Alarcon that she did not want to continue doing purification courses and going to the Church of Scientology. COUNT I:
DISCRIMINATION BASED ON RELIGION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT OF 1992, FLORIDA STATUTES, CHAPTER 760
30. Intervening Plaintiffs Norma Rodriguez, Maykel Ruz, Rommy Sanchez, and Yanileydis Capote incorporate by reference the allegations stated at paragraphs 12 to 26 of Plaintiff Equal Employment Opportunity Commission (EEOC) Complaint [D.E. 1], and paragraphs 1 to 29 of Intervenors’ Complaint.
31. The FCRA, Fla. Stat. Chapter 760.10, (7) reads in applicable part, as follows: “It is an unlawful employment practice for an employer, an employment agency, a joint labor management committee, or a labor organization to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section”.
32. Dynamic engaged in unlawful employment practices in violation of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute, Chapter 760.10, by failing to accommodate the requests of Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals, that they not be required to participate in Scientology religious practices and teachings on the grounds that Dynamic’s mandatory religious employment practices conflicted with employees’ sincerely held religious beliefs, their conscience and/or religious sensibilities as non-Scientologists.
33. Dynamic engaged in unlawful employment practices in violation of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute, Chapter 760.10, by subjecting Norma Rodriguez, Page 12 of 22

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Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals to a hostile work environment based on Religion by the employer’s unwelcome imposition upon them of Scientology religious views and practices after employees had objected to being subjected to such views and practices. 34. Dynamic engaged in unlawful employment practices in violation of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute, Chapter 760.10, by terminating Norma Rodriguez and Rommy Sanchez, by constructively discharging Maykel Ruz and Yanileydis Capote based on their failure to conform to employer’s Scientology religious practices and beliefs. 35. In subjecting Intervenors Rodriguez, Ruz, Sanchez and Capote to discrimination and harassment because of their religion, and in retaliating against them, for their opposition to unlawful discrimination, Defendants acted with intent, malice and with reckless disregard for Plaintiffs’ protected rights, under Federal and State law. 36. As a direct and proximate result of the Defendant’s intentional conduct, Plaintiffs suffered serious economic losses as well as mental pain and suffering.
PRAYER FOR RELIEF WHEREFORE, Intervening Plaintiffs Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, respectfully request that this Court enter an order:
A. Granting a permanent injunction enjoining Dynamic, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of Religion in violation of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute Chapter 760; and
B. Ordering Dynamic to make whole Rodriguez, Ruz, Sanchez and Capote, and a class of individuals subjected to disparate treatment and/or a hostile work providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described
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in paragraphs 12 to 29 and 30 to 36 above, including, but not limited to, relocation expenses, job search expenses, and medical expenses, in amounts to be determined at trial; C. Ordering Dynamic to make whole Rodriguez, Ruz, Sanchez and Capote and a class of individuals subjected to disparate treatment and/or a hostile work environment by providing past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraphs 12 to 29 and 30 to 36 above, including emotional and physical pain, suffering and mental anguish, in amounts to be determined at trial; and D. Ordering Dynamic to pay Rodriguez, Ruz, Sanchez and Capote, and a class of individuals subjected to disparate treatment and/or a hostile work environment punitive damages for its Malicious and reckless conduct, as described in paragraphs 12 to 29 and 30 to 36 above, in amounts to be determined at trial; and E. Awarding Intervening Plaintiffs damages for the amount of the costs of litigation and filing including attorney’s fees; and F. Grant such other and further equitable relief as this court deems equitable and just and/or available pursuant to State Law including punitive damages.
JURY TRIAL DEMAND Intervening Plaintiffs Rodriguez, Ruz, Sanchez, and Capote demand trial by jury of all issues triable as of right by jury.
COUNT II: VIOLATION OF FLORIDA CIVIL RIGHTS ACT OF 1992, FLORIDA STATUTES,
CHAPTER 760, RETALIATION 37. Intervening Plaintiffs Rodriguez, Ruz, Sanchez, and Capote incorporate by reference the
allegations stated at paragraphs 12 to 30 of Plaintiff Equal Employment Opportunity Commission (EEOC) Complaint [D.E. 1], and paragraphs 1 to 36 of Intervenors’ Complaint.
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38. The FCRA, Fla. Stat. Chapter 760.10, (1) (a) reads in applicable part, as follows: It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status.
39. Intervenor Ruz worked for Dynamic from December 2008 to March 2010 as a salesperson. As set forth in paragraph 28 and 28(c) Ruz repeatedly objected about being forced to attend the Scientology religious Courses because he did not understand Scientology. On one occasion Nobbe told Ruz, with Alarcon translating into Spanish, that if Ruz did not attend Courses he could not work at Dynamic. Ruz went back to taking Courses because he did not want to get fired. Approximately, a month later he again complained to Alarcon telling him he did not want to do the Courses. Alarcon told Ruz, “If you don’t continue attending Courses you have to leave.” Ruz could not tolerate the hostile working environment anymore and as a result, he resigned, no reasonable person could continue working under those oppressive conditions. Therefore, Ruz was constructively discharged by Defendant on or about March 25, 2010.
40. Intervenor Capote worked for Dynamic from May 2009 to approximately May or June 2010, in Public Patient Relations, working directly with doctors and patients in the clinic. When Capote objected to religious Courses and stopped attending Courses in protest, she was subjected to further religious coercion, being forced to read Scientology religious texts. As a result, Capote had to resign, no reasonable person could continue working under that abusive work environment. Therefore, Capote was constructively discharged by Defendant on or about July 14, 2010.
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41. Intervenor Rodriguez worked for Dynamic from April 2008 to March 8, 2010 as a salesperson. Prior to her termination, Rodriguez had not received a written or verbal warning nor had she failed to meet her sales quota. However, she was fired a week after she told Alarcon and Montero that she objected to the Courses because of her religion as a Jehovah’s Witness.
42. Intervenor Sanchez worked for Dynamic from approximately June or July 2007 to March 2010. Sanchez was one of the top performing employees as a caller and telemarketer – as she was one of the best patient recruiters – and had received raises throughout her time of employment. As set forth in paragraph 22 and 25 Sanchez repeatedly complained about being forced to do “purification” and Courses, but continued to comply with religious job requirements out of fear of losing her job. Alarcon communicated to her that Nobbe expected her to attend Courses and complete “purification.” However, in February 2010, Sanchez stopped complying with religious requirements or conforming to employers religious expectations by not regularly attending Courses at the Church of Scientology. Throughout February 2010, Alarcon approached Sanchez several times at work and asked why she was not going to the Church of Scientology. Alarcon and Fox concluded Sanchez was not regularly attending the Church of Scientology. Shortly thereafter, in March 2010, Sanchez was fired for not conforming to or adopting her employer’s religious practices and beliefs.
43. Intervening Plaintiffs’ protected activities resulted in retaliatory adverse actions that altered the terms, conditions and privileges of their employment.
44. Dynamic engaged in unlawful employment practices in violation of the Florida Civil Rights Act of 1992, Chapter 760 Fla. Stat., by terminating Norma Rodriguez and Rommy Sanchez and by constructively discharging Maykel Ruz and Yanileydis Capote in retaliation for Page 16 of 22

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opposing Dynamic’s unlawful employment practices, and in retaliation for their refusal to participate in Dynamic’s Scientology practices based on their sincerely held religious beliefs, their conscience and/or religious sensibilities as non-Scientologists. 45. Intervening Plaintiffs were forced to endure a continued, unrelenting, abusive and disparate treatment at the hands of individuals with the ability to hire, fire, promote, and discipline them, and they were eventually terminated in retaliation to their refusal to accept the unlawful discriminatory employment practices. 46. Dynamic’s actions were done wantonly, willingly, malicious and were recklessly indifferent to the Intervening Plaintiffs’ rights pursuant to Florida Statute Section 760, protecting a person from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status. 47. As a direct and proximate result of the Defendant’s intentional conduct, Plaintiff suffered serious economic losses as well as mental pain and suffering.
PRAYER FOR RELIEF WHEREFORE, Intervening Plaintiffs Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, respectfully request that this Court enter an order:
A. Granting a permanent injunction enjoining Dynamic, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of Religion in violation of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute Chapter 760; and
B. Ordering Dynamic to make whole Rodriguez, Ruz, Sanchez and Capote and a class of individuals subjected to disparate treatment and/or a hostile work environment by providing past and future non-pecuniary losses resulting from the unlawful employment practices complained of in paragraphs 12 to 29 and 37 to 47 above, including emotional Page 17 of 22

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and physical pain, suffering, mental anguish, and humiliation from being terminated due to their opposition to the illegal actions of Defendant in amounts to be determined at trial; and C. Ordering Dynamic to make whole Rodriguez, Ruz, Sanchez and Capote by providing appropriate back pay with pre-judgment 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 awarding front pay to Rodriguez, Ruz, Sanchez, and Capote; D. Ordering Dynamic to pay Rodriguez, Ruz, Sanchez and Capote, and a class of individuals subjected to disparate treatment and/or a hostile work environment punitive damages for its malicious and reckless conduct, as described in paragraphs 12 to 29 and 37 to 47 above, in amounts to be determined at trial; and E. Awarding Intervening Plaintiffs damages for the amount of the costs of litigation and filing including attorney’s fees pursuant to Florida Statute §448.104.; and F. Grant such other and further equitable relief as this court deems equitable and just and/or available pursuant to State Law including punitive damages.
JURY TRIAL DEMAND Intervening Plaintiffs Rodriguez, Ruz, Sanchez, and Capote demand trial by jury of all issues triable as of right by jury.
COUNT III: VIOLATION OF THE FLORIDA PRIVATE SECTOR WHISTLEBLOWER’S ACT,
SECTION 448.102 (3) F.S.
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48. Intervening Plaintiffs Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, re-adopts each and every factual allegation as stated in paragraphs 1-47 of this complaint as if set out in full herein.
49. The corporate Defendant Dynamic is a corporation registered to do business in the State Of Florida. Dynamic provides medical and chiropractic services to patients in MiamiDade, Florida. Defendant employs more than 10 persons.
50. Intervening Plaintiffs Rodriguez, Ruz, Sanchez, and Capote worked for Defendant’s business in different positions.
51. Intervenor Norma Rodriguez (hereinafter “Rodriguez”) is a former employee of Dynamic, having worked for Defendant as a salesperson from approximately March 24, 2008 to March 8, 2010.
52. Intervenor Maykel Ruz is a former employee of Dynamic having worked for Defendant as a salesperson from approximately November 06, 2008 to March 25, 2010.
53. Intervenor Rommy Sanchez is a former employee of Dynamic, having worked for Defendant as a caller and telemarketer from approximately June, 2007 to March 8, 2010.
54. Intervenor Yanileydis Capote is a former employee of Dynamic, having worked for Defendant as a Public Patient Relations employee from approximately May 26, 2009 to June 14, 2010.
55. Rodriguez, Ruz, Sanchez, and Capote were qualified individuals for their positions, since they possessed the required skills, training, and education to perform the jobs in question.
56. Throughout their employment with Defendant, Rodriguez, Ruz, Sanchez, and Capote always performed and excelled at the essential functions of their positions.
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57. However, during their employment with Defendant Dynamic, Plaintiffs suffered discrimination and harassment on basis of their Religion.
58. Dynamic engaged in unlawful employment practices in violation of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute, Chapter 760.10, by subjecting Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, and a class of individuals to a hostile work environment based on Religion by the employer’s unwelcome imposition upon them of Scientology religious views and practices after employees had objected to being subjected to such views and practices.
59. Dynamic engaged in unlawful employment practices in violation of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute, Chapter 760.10, by terminating Norma Rodriguez and Rommy Sanchez, and by constructively discharging Maykel Ruz and Yanileydis Capote based on their failure to conform to employer’s Scientology religious practices and beliefs.
60. Plaintiffs objected to the illegal employment practices of Defendant concerning discrimination on basis of their Religion. As a result, Defendant retaliated against Plaintiffs by discharging them, as further described in Paragraphs 37 to 47 of this Complaint.
61. Plaintiffs were subjected to adverse employment actions including constructive discharge or termination from their employment with Defendant as a direct result of, and in retaliation for, their reporting of, and opposition to violations of the Florida Civil Rights Act of 1992 (FCRA), Florida Statute Chapter 760.
62. Defendant, willfully and intentionally refused to comply with the anti-discrimination provisions as required by the laws of the United States as set forth above and instead, discharged Plaintiff. The retaliatory actions described above were conducted by Defendant because Plaintiffs objected to, and refused to participate in unlawful activities. Page 20 of 22

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63. The above described actions of Defendant constitute a violation of the Florida Private Whistleblower’s Act, Section 448.102(3) F.S.
64. At all times material hereto, Defendant Dynamic failed to comply with Florida’s Private sector Whistleblower’s Act, Florida Statute Section 448.102 (1), which provides, in relevant part: “An employer may not take any retaliatory personnel action against an employee because the employee has: …(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.”
65. The discharge of Rodriguez, Ruz, Sanchez, and Capote by Defendant Dynamic was on the basis of Plaintiffs complaining and objecting to an illegal activity.
66. At all relevant times aforementioned, including the time of termination of Plaintiffs, Defendants were aware of Plaintiffs’ rights as employees.
67. The Defendant’s actions were malicious and were recklessly indifferent to the Plaintiffs’ rights pursuant to Florida’ private sector Whistleblower’s Act, Florida Statute section 448.102, protecting a person from retaliation for opposing illegal conduct.
68. The aforementioned actions of Defendant were done wantonly, willfully, maliciously and with reckless disregard of the consequences of such actions.
69. Plaintiffs have retained the law offices of the undersigned attorney to represent them in this action and are obligated to pay a reasonable attorneys’ fee. PRAYER FOR RELIEF
WHEREFORE, Intervening Plaintiffs Norma Rodriguez, Maykel Ruz, Rommy Sanchez, Yanileydis Capote, respectfully request that this Court enter an order:
Page 21 of 22

Case 1:13-cv-21666-KMW Document 38 Entered on FLSD Docket 10/04/2013 Page 22 of 22

A. Grant a permanent injunction enjoining Dynamic its officers, successors, assigns, and all

persons in active concert or participation with it, from engaging in any employment

practice which violates the Florida Private Whistleblower’s Act.

B. Reinstate Plaintiffs Rodriguez, Ruz, Sanchez, and Capote to the same position they held

before the retaliatory personnel action, or to an equivalent position.

C. Reinstate full fringe benefits and seniority rights to Plaintiffs.

D. Order Dynamic to make Plaintiffs whole, by compensating Plaintiffs Rodriguez, Ruz,

Sanchez, and Capote for lost wages, benefits, including front pay, back pay with

prejudgment interest and other remuneration for mental pain, anguish, pain and

humiliation from being terminated due to their opposition to the illegal actions of

Defendant.

E. For a money judgment representing prejudgment interest.

F. Award any other compensation allowed by law including attorney’s fees pursuant to

448.104 F.S.

JURY TRIAL DEMAND

Intervening Plaintiffs Rodriguez, Ruz, Sanchez, and Capote demand trial by jury of all issues

triable as of right by jury.

Dated: October 04, 2013

Respectfully submitted,

By: _/s/ Zandro E. Palma____ Zandro E. Palma, Esq. Florida Bar No.: 0024031 3100 South Dixie Highway Suite 202 Miami, FL 33133 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 zep@thepalmalawgroup.com

Page 22 of 22

 
 Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 1 of 20
UNITED STATES DISTRICT COURT SO UTHERN DISTRICT OF FLORIDA CASE NO .:13-CV-21666-W ILLIAM S
EQ UAL EM PLOYM ENT OPPORTUNIW CO MM ISSIO N,
Plaintiff, NO RMA Ro nRlo uEz
MAYKELRuz.ROMMk SANCHEZ
andYANILEYbIScApoTE,
Intervening Plainti#s,
VS.
DYNAM IC M EDICAL SERVICES, IN C .
D efendant. /
O RDER APPROVING CO NSENT DECREE AND DISM ISSING CASE THIS MATTER is before the Coud on PlaintiffEqualEm ploym ent Oppodunity Com m ission and DefendantDynam ic MedicalServices,lnc.'s JointM otion forApproval
ofConsentDecree(D.E.514.TheCourthavingreviewedthepleadingsandpapersfiled
in this cause,and the M otionforApprovalofConsentDecree and being otherwise fully
advised inthe prem ises,itis hereby O RDERED AND ADJUDG ED that:
a.The Consent Decree (see attachedlis APPROVED and ENTERED.The Courtshallretainjurisdictionoverthismatterforthe purpose ofenforcingthe
ConsentD ecree. b. Because the consentdecree resolves aIIclaim s asserted by Plaintiffin their
entirety,the above-styled cause is hereby DISM ISSED W ITH PREJUDICE.

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 2 of 20

c. To the extent not otherw ise disposed of herein,aIIpending m otions are

hereby DENIED ormootand the case is CLO SED. DONE AND O RDERED in Cham bers in Miam i, Florida, this

day of

Decem ber,2013.

1. M .W ILLIAM S
UNITED S ATES DISTRICT JUDGE

cc: counselofrecord

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 3 of 20
UNITED STATES DISTRICT CO URT SO UTHERN DISTRICT O F FLO RIDA CASE NO .:13-CV-21666-W ILLIA MS
EQ UAL EM PLOYM ENT O PPORTUNIR COM M ISSIO N,
Plaintiff, NO RMA RO DRIG UEZ, MAYKEL RUZ,ROM MY SANCHEZ and YANILEYDIS CAPOTE,
lntervening Plaintiffs,
VS.
DYNAM IC M EDICA LSERVICES, INC .
D efendant. / CONSENT DECREE
TheConsentDecree('lDecree'')ismade and enteredintobyand between PlaintiffU.S.EqualEmploymentOpportunityCommission(''EEOC''or''Commission') and DefendantDynamicMedica!Services,Inc.(''Dynamic').EEOC andDynamicare
collectively referredto asthe ''Padies''throughoutthis Decree. INTRODUCTIO N
EEOC filed this action on M ay 8,2013,and filed anAm ended Complaint on Septem ber30,2013,underTitle VI1ofthe CivilRightsActof1964,asam ended,42
U.S.C.j2000eetseq.('dTitleVll''),andTitleIoftheCivilRightsActof1991,42U.S.C. j1981a,allegingunlawfulem ploymentpracticesonthebasisofreligiousdiscrimination
and retaliation and to provide appropriate reliefto Norm a Rodriguez,M aykelRuz,
1

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 4 of 20
Rom m ySanchez,Yanileydis Capote and to a class ofcurrentand/orform erem ployees
ofDynamic('dclassMembersn). EEOC allegedfourcountsofdiscrimination:(1)failuretoaccommodate
the requestsofNorm a Rodriguez,M aykelRuz,Rom m ySanchez,Yanileydis Capote, and Class M em bers,thattheynotbe required to participate in Scientology religious practices andteachingsonthe groundsthatDynam ic's m andatory religious em ploym entpractices conflicted withem ployees'sincerely held religious beliefs,their
conscienceand/orreligioussensibilitiesasnon-scientologists;(2)subjecting Norma
Rodriguez,MaykelRuz,Rom my Sanchez,Yanileydis Capote and ClassM em bersto a
religiouslyhostileworkenvironment',(3)terminatingNorma Rodriguezand Rommy
Sanchez based ontheirfailure to conform to em ployer's religiouspracticesand beliefs',
and(4)terminatingNorma Rodriguezand RommySanchezin retaliationforopposing
unlaw fulem ploym entpractices. 3. Dynam icdeniesthe centralfactualallegations ofwrong-doing asseded in
the EEOC'Scom plaint. Dynam ic assertsthatitneitherterm inated norcaused the term inationofany em ployee forreligious oranyotherprohibited reasons,northatany religiouspractice,procedure orrequirem entwas presentinthe workplace,northatit engaged inany otherw rong-doing asseded inthe EEOC'Scom plaint.
4. O n June 14,2013,Plaintiff-lntervenors Norm a Rodriguez,M aykelRuz, Rom m ySanchez,Yanileydis Capotefiled theircom plaintin intervention.O n October4, 2013,Plaintiff-lntervenorsfiled an am ended com plaint. Dynam icalso deniesthe central factualallegationsofwrong-doing contained inthe Intervenor'scom plaint. Dynam ic assertsthatitneitherterm inated norcaused theterm ination ofanyem ployeefor
2

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 5 of 20
religious orany otherprohibited reasons,northatany religious practice,procedure or requirem entwaspresentinthe workplace,northatthe Intervening Plaintiffsm adethe alleged com plaints.
5. lnthe interestofresolving this m atter,to avoid fudhercostsand the time com mitm ents related to Iitigation,and asa resultofhaving engaged in com prehensive settlem entnegotiations,the Parties have agreed thatthis actionshould be finally resolved byentry ofthis Decree.ThisDecree isfinaland binding onthe Parties,their successors,and assigns.
6. Now aiver,m odification oram endm entofany provision ofthis Decreew ill be effective unless m ade in aw riting evidencing an intentto m odifythis ConsentDecree and signed by an authorized representative ofeach ofthe Parties.By m utualagreement
ofthe Parties,thisDecree maybe amendedormodifiedinthe interestsofjusticeand
fairness in orderto effectuate the provisionsofthis Decree. Ifone orm ore ofthe provisions are rendered unlawfulorunenforceable,
the Padiesshallm ake good faith effodsto agree upon appropriate amendments to this Decree in orderto effectuatethe purposesofthe Decree.In any event,the rem aining provisionswillrem ain in fullforce and effectunlessthe purposes ofthe Decree cannot, despite the Padies'bestefforts,be achieved.
8. This Decree fully and finally resolvesanyandaIIclaim s asserted by EEOC inthe Com plaintfiled by EEO C in thisaction styled EEO C etaI.v.Dynam ic M edicalServices,Inc.,Case No.1:13-CV-21666-KMW inthe United States District Coud,Southern DistrictofFlorida on M ay 8,2013.Such action arose from individual
andclassclaimsraised inEEOC Charge Numbers510-2011-02608 (RommySanchez

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 6 of 20
v.DynamicMedicalSea/ces),510-2011-02609(NormaRodrigueze.DynamicMedical Services),510-2011-02610 (YanileydisCapotev.DynamicMedicalServicesj,and 5102011-02082 (May#e/RuzB.Dynam icMedicalSekicesj.
9. The Partiesacknowledgethatthis Decree does notresolve any Charges ofDiscrimination thatm ay be pendingw ith EEOC againstDynam icotherthanthe Charges referred to inparagraph 8.This Decree in no way affectsthe EEO C'Srightto bring,process,investigate orIitigate otherchargesthatm ay be inexistence orm ay Iater arise againstDynam ic in accordance with standard EEO C procedures.
FINDING S 10. Having carefullyexam inedthe term sand provisionsofthis Decree,and based on the pleadings,record and stipulations ofthe Padies,the Coud findsthe follow ing:
a. ThisCoudhasjurisdictionoverthesubjectmatterofthisactionand
the Padies.
b. No partyshallcontestthejurisdictionofthisFederalCoudto
enforce this Decree and itsterms orthe rightofEEOC to bring an
enforcementsuituponalleged breachofanyterm ts)ofthisDecree.
C. The term softhisDecree are adequate,reasonable,equitable and
justandtherightsoftheParties,ClassMembers,andthe public
interestare adequately protected bythis Decree. d. This Decree conform swith the FederalRulesofCivilProcedure
and Title VII,and is notinderogation ofthe rights orprivilegesof
anyperson.The entryofthisDecree willfudhertheobjectivesof
4

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 7 of 20
TitleV IIand willbe in the bestinterestsofthe Parties,C lass M em bers,and the public. e . Nothing inthis ConsentDecree constitutesan adm ission norshallit be construed asan adm issionby any party as to the claim s or defensesofanotherparty. Specifically,Dynam icisdenying the allegationscontained in the Com plaints. f. The term softhis Decree are and shallbe binding upon the present and future representatives,agents,directors,officers,successors and assigns ofDynam ic. IT IS THEREFORE ORDERED,ADJUDG ED AND DECREED AS FO LLOW S: DURATIO N O F THE DECREE & RETENTIO N O F JURISDICTIO N
11. AIlprovisionsofthisDecreeshallbe ineffect(andthe Courtwillretain jurisdictionofthismattertoenforcethisDecree)foraperiod offour(4)years
im m ediatelyfollowing entryofthe Decree,provided,however,thatif,atthe end ofthe
four(4)yearperiod,anydisputesunderParagraphs37-38,remainunresolved,theterm oftheDecreeshallbeautomaticallyextended(andtheCourtwillretainjurisdictionof thismattertoenforcethe Decree)untilsuchtimeasaIIsuchdisputeshave been
resolved. M ONETARY CONSIDERATION
12. Dynamicshallpaytotalmonetaryrelieftotaling$170,000.00tosettle
claim sasserted by EEOC. Dynam ic and Plaintiff-lntervenors have entered into a separate agreementto resolve related claims notasserted by the EEO C and tow hich
5

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 8 of 20

EEO C is nota pady.The division ofthe totalm onetary reliefam ong the Plaintiff-

lntervenorsand ClassM em bers is asfollows:

Plaintiff-lntervenor

Back Pay

Com pensatory

orClassMember (forwhichanIRS W -2shall

Damages

issue)

(forwhichan IRS Form

1099shallissue)

Rom m y Sanchez

$4,400

$50,000

Norma Rodriguez

$1,000

$50,000

M aykelRuz

None

$18,700

Yanileydis Capote

None

$37,400

Class Fund (Class

None

$8,500

Members)

13. Dynam icshallpayatotalof$161,500.00to Plaintiff-lntervenors.Payment shallbemadewithintwenty-one (21)calendardaysfollowingthe Court'sapprovalof thisDecree.Paymentshallbe madeinthree (3)separatechecksasfollows:
a. O ne checkshallbe m ade payable to''Rom m y Sanchez''inthe
am ountof$4,400.00.This check shallbe forback-pay amount
owed and shallinclude payrolldeductions and otherapplicable deductions. b. One checkshallbe m ade payable to ldNorm a Rodriguez''in the
am ountof$1,000.00.This check shallbe forback-pay am ount

6

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 9 of 20

owed and shallinclude payrolldeductionsand otherapplicable

deductions.

C. O ne checkshallbe m ade payable to ''Zandro E.Palma,P.A.,Trust

Account'inthe amountof$156,100.00.

d. A IIthree checksshallbe delivered,via overnightdeliveryservice

w ith signature requested to:Zandro E.Palm a,3100 South Dixie

Highway,Suite 202,M iam i,FL 33133.

14. Dynamicshallpay$8,500.00tosettleclaimsbroughtbyEEOC onbehalf

ofClassMembers.Paymentshallbe madewithintwenty-one (21)calendardays

follow ing the Coud'sapprovalofthis Decree.The checksshallbe delivered,via

overnightdelivery servicew ith signature requested to:EEO C RegionalAttorney,Robed

E.W eisberg,Re:Dynam icM edicalServicesConsentDecree,atUnited States Equal

Em pIoym entOpportunityCom m ission,M iam iTower,100 SE 2ndStreet Suite 1500

,

,

M iam i,Florida 33131. Checks m ade payable tothefollow ing individualsforthe

follow ing amounts'.

Class M em ber

Com pensatory

Dam ages

Melissa Ferrer

$3,200.00

ArielAlom

$3,200.00

G ustavo Panesso

$1,600.00

Yanela Blanco

$500.00

7

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 10 of 20

15. Copiesofthechecksandrelateddocuments(includingcopiesofI.R.S. Form W -2's)thataresenttoPlaintiff-lntervenorsshallbesentcontemporaneouslytothe

attention of''EEO C RegionalAttorney,RobertE.W eisberg,Re:Dynam icConsent

Decree,''atUnited States EqualEm ploym entO pportunity Com m ission, M iam iTower,

100 SE 20dstreet Suite 1500 M iam iFlorida 33131

1

1

1

.

16. Plaintiff-lntervenors and Class M em berswho receive m onetary

com pensation underthis ConsentDecree shallexecute a Release.The Release form

to be signed by Plaintiff-lntervenors and ClassM em bersw ho receive m onetary

com pensation underthis ConsentDecree isattachedto thisConsentDecree as

Attachm entA .The EEOC shallobtain Releasesfrom ClassM em berspriorto

distributing the m onetaryam ounts,and shallforward copies ofthe signed Releasesto

Dynam ic's attorney. Fudher,EEO C shallobtain Releasesfrom Plaintiff-lntervenors

priortothetwenty-one(21)calendar-daydeadline(referredtoinParagraphs 13)for
Dynam icto distribute paym entto Plaintiff-lntervenors and shallforward copies ofthe

signed Releasesto Dynam ic's attorney,

IfPlaintiff-lntervenorsand/orClass Mem bers failto tim ely receive the

paymentsdescribed in Paragraphs 12-14 above,the totalam ountofmonetary reliefthat

rem ainsoutstanding atthe tim e ofDynam ic'sfailureto m ake tim ely paym entshall

becomedue,andjudgmentshallbeenteredagainstDynamicforthetotalamountof
unpaid m onetary relief.

18. IfPlaintiff-lntervenorsand/orClass M em bersfailto tim ely receive the

paym entsdescribed in Paragraphs 12-14 above,then Dynam ic shallpay interestonthe

defaultedpaymentsata rate calculatedpursuantto26 U.S.C.j6621(b)untilthesame

8

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 11 of 20
ispaid,and bearany additionalcosts incurred bythe EEOC caused bythe noncom pliance ordelay,including butnotlim itedto any and allcosts arising outofEEOC'S effortsto enforce thisdecree infederalcourt.
INJUNCTIVE PROVISIO NS 19. W ithoutadm itting thatitpreviouslyfailedto do so,Dynam icshallconduct allem ploymentpracticesateach ofitsplacesofbusiness in a m annerw hich doesnot
subjectanyemployeeto discriminationbaseduponreligion,asprohibited underTitle
h/II. 20. W ithoutadm itting thatitpreviouslyfailedto do so,Dynam ic shallnot
discrim inate againstany em ployee because ofhis orhersincerely held religiousbelief orbecause he orshe does nothold anyspecific religious belief,such as Scientology.
21. W ithoutadm itting thatitpreviouslyfailed to doso,Dynam ic shallnot discrim inate againstany em ployee based on his orherfailure to conform to,adopt,or padicipate in em ployer's religious practicesand beliefs,including butnotIim ited to, Scientology.
22. W ithoutadm ittingthatitpreviously failed todo so,Dynam ic shallnot
subjectanyemployeetoa hostileworkenvironmentbasedonreligionbyunwelcome
im position uponthem ofreligiousviews,practices,proselytization ofany religion, including butnotIim ited to Scientology.
23. W hile denying thatanyofitsworkplace activities involved any Scientology religiouspractices orteachings,orany otherreligious practices,Dynam icshall accomm odate requestsofits em ployeesthatthey notbe required to padicipate in workplace activities involving Scientology religious practices and teachingson grounds
9

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 12 of 20
thatthose religiouspractices and teachingsconflictw ith em ployees'sincerely held religiousbeliefs,theirconscience and/orreligious sensibilities asnon-scientologists.
24. In the eventDynam icoffers itsem ployees courses based on and organized around written m aterials published bythe Hubbard College ofAdm inistration
International('Courses''),anemployee'stermsandconditionsofemployment-suchas
continued em ploym ent,wages,prom otions,and ability to perform the dutiesand responsibilitiesofem ployment,among others- shallnotbe conditioned upon m andatoryattendance and/orparticipation atthese Courses.An em ployee m ay requestan accom m odationto be excused from attending and/orpadicipating in the Coursesongroundsthatthe Coursesconflictw ith hisorhersincerely held religious belief,hisorherconscience and/orreligioussensibilitiesasa non-scientologist.
25. An em ployee can make a requestforaccom m odation described in paragraphs23 and 24,in writing orverballyto anysupervisororCourse instructor. Upon receiving sucha requestforaccom m odation,Dynam icshallgrantthat accom m odation and notrequire thatem ployee'sattendance atthe Coursesand/orshall notrequire em ployee to padicipate in Scientology religious practices and teachings. During the pendency ofthis Decree,Dynam icshallreportsuch requestsfor accom m odationto EEO C as setforth inparagraph27.
26. Dynam ic shallnotm ake employmentcontingentonapplicantornew hire agreeing to attend m andatoryCoursesand/orworkplace activitiesinvolving Scientology religious practices and teachings.
10

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 13 of 20
COM PLAINT REPO RTING AND INVESTIGATIO N lfanyem ployee requests a reasonable accom m odationthey notbe required to attend orparticipate in Courses,and/orparticipate inworkplace activities involving Scientology religious practicesand teachings,on groundsthatthose religious practices and teachingsconflictwith em ployees'sincerely held religious beliefs, their conscience and/orreligioussensibilitiesas non-scientologists,duringthe term ofthis Decree,including butnotlim itedto requestsasdescribed above in paragraphs23
through25,Dynam icshallnotifyEEOC inwritingwithinten(10)dayswiththefollowing information:(1)the identityandjobtitleofthe requestor,(2)addressandcurrent telephone numberts)ofrequestor,(3)the persontowhom the requestwasbeing made, (4)thedateofthe request,(5)thenatureand/ordescriptionofthe request,and(6)the
response to the request. 28. The Com m ission m ay review com pliance with this Decree.As partofsuch
review,the Com m ission m ay inspectDefendant'sfacilities,interview em ployees and exam ine and copy docum ents.Defendantagreesthatitwillmake allem ployees available to the Com m issionforinterview ing in connectionwith thiscom pliance review.
29. Any noticesto EEO C required by this Decree shallbe sentto the attention of''EEOC RegionalAttorney,Robed E.W eisberg,Re:Dynam ic MedicalServices ConsentDecree,''atUnited States EqualEm ploymentOppodunity Com m ission,M iam i TOW er,100 SE 2RdstreetjS uite 1500,M iam i,Florida 33131.
30. Nothing contained inthis Decree willbe construed to Iim itany obligation Defendantm ayotherw ise have to m aintain records underTitleV IIoranyotherIaw or regulation.
11

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 14 of 20

ADOPTIO N AND DISTRIBUTIO N OF PO LICY AGAINST RELIG IO US HARASSM ENT.RELIG IO US DISCRIM INATIO N, AND RETA LIATION

31.

W

ithin

10 days ofapprovalofthis Decree by the Court ,

Defendantw ill

draftadiscriminationpolicy('Anti-DiscriminationPolicy'')thatincludesthefollowing

terms and/orprovisions:

a. ProhibitaIIform s ofdiscrim ination underTitle V II, including,butnot Iim ited to discrim ination based on religion.

b. The Anti-Discrim ination Policywillstate thatem ployeesw ho

com plain aboutdiscrim ination,oppose discrim ination,and/or

engage in any otherprotected activityw illbe protected against

retaliation.

C. TheAnti-Discrim ination Policy willstate thatem ployeeswho

requestan accom modationon groundsthatem ploymentpractices

orconductconflictw ithemployee'ssincerely held religiousbelief,

his orherconscience and/orreligioussensibilitiesas a non-

Scientologist,willbe protected againstretaliation.

d. The Anti-Discrim ination Policyshal!inform aIlem ployeesoftheir

rightto requesta reasonable accomm odationthatthey notbe

required to attend orparticipate in Courses,and/orpadicipate in

workplace activitiesinvolving Scientology religious practices and

teachings,ongroundsthatthose religiouspractices and teachings

conflictw ith em ployees'sincerely held religious beliefs,their

conscience and/orreligioussensibilities as non-scientologists.

12

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 15 of 20
e. The Anti-Discrim ination Policyw illalso contain a procedure by
whichemployeeswhofeeltheyhavebeensubjectedto
discrim ination,harassm ent,retaliation, orwho seeka religious accom m odation,including butnotIim ited to accom m odation requestsdescribed above in paragraphs23through25,can repod the discrim ination,harassment,retaliation, orthe requestfor accom modation.Thisreporting procedurew illclearlystatethat em ployees m ay repod actionstheybelieve constitute discrim ination,harassm ent,orretaliationverbally orinw riting and thatem ployees m ay requestanaccom m odation, including butnot Iim ited to accom m odation requestsdescribed above in paragraphs 23 through 25,in writing orverbally.This repoding procedure will otherw ise com plyw ithterm sofparagraph 27 above. 32. The Anti-Discrim ination Policyshallbe written and posted inboth English and Spanish Ianguage. Dynam ic shallpostcopiesoftheAnti-Discrim ination Policy
(boththe SpanishandEnglishversions)onaIIemployeebulletinboards.
33. Dynam ic's agreementto adopttheAnti-Discrim ination Policy described above is notanadm issionthatDynam ic'scurrentAnti-Discrim ination Policy does not contain these provisions.
34. Dynam ic m ustforward a copy ofthe Anti-Discrim ination Policyto EEO C
withinten(10)calendardaysfollowingtheCourt'sapprovalofthisDecree.TheAntiDiscriminationPolicyissubjectto EEOC'Sreview andapproval.Dynamicwilltranslate theAnti-Discrimination PolicyintoSpanishwithinfourteen(14)calendardaysof
13

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 16 of 20

receiving EEOC'S approvalofthe EnglishAnti-Discrim ination Policy .

The Spanish

translation w

illalso

be

provided

to

EEO

C

forreview

and

approval .

W

ithinfive(5)days

ofreceiving EEOC'S approvalofthe Spanishversion ofthe Anti-Discrim ination Policy ,

Dynam ic shallpostthe English and Spanish versionsoftheAnti-Discrim ination Policy

according to Paragraph 32 above.

35. EEO C'S review ofthe Policy is nota representation by EEOC that

Dynam ichas been oriscom pliantw ithfederalanti-discrim ination Iaw s.

TRA INING

36. Foreachyearthatthis ConsentDecree is in effect, Dynam ic shallconduct training foraIIem ployees,including supervisors,m anagersand non-m anagers, and hourlyworkers.Thetrainingsw illcoverthe following inform ation:

a. Adviseem ployeesofthe requirem ents and prohibitionsofTitleVII

ofthe CivilRightsActof1964.

b. Inform em ployeesofthe proceduresforrepoding discrim ination,

harassm ent,and retaliation.

c. lnform em ployeesofproceduresforrequesting a religious

accom m odation,including butnotIim itedto accom m odation

requests described above in paragraphs 23 through 25.

d. The training shallinclude a specificdiscussionorinstruction

relating to the issue ofreligious discrim ination and accom m odation.

e. The training shallbe atIeasttwo hours induration.No Iessthan 10

days before the training is conducted,Dynam ic agreesto give

written noticeto the EEOC asto the date and Iocation ofthe

14

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 17 of 20

training,the

nam

e

of the

person

providing

the

training ,

and

the

substance ofthetraining.

f. AIImaterialsusedinconjunctionwiththetrainingshallbe

forw arded tothe EEOC .W ithin 10daysfollow ing the training ,
Dynam ic shallsubm itto the EEO C confirm ation thatthe training

was conducted,and a IistofaIIattendees.

DISPUTE RESOLUTION

37. No partywillcontestthejurisdictionofthefederalcourttoenforcethis
Decree and itsterm s orthe rightofany party to bring anenforcementsuituponbreach

ofanyofthe terms ofthis Decree by any otherparty.Breach ofany term ofthis Decree

should be deem ed to be a substantive breach ofthis Decree.The Courtw illretain

jurisdictionoveranysuchenforcementproceedingsduringthedurationofthisConsent

Decree.Nothing in this Decree willbe construed to preclude EEO C from bringing

proceedings to enforce this Decree inthe eventthatDefendantfails to perform anyof

the prom isesand representations contained herein.

38. lnthe eventthateitherparty believesthatthe otherparty hasfailed to

com plyw ithanyprovisions ofthe Decree,the com plaining party shallnotifythe alleged

non-com plying pady inw riting ofsuch non-com pliance and afford the alleged non-

complying partyfifteen(15)calendardaystoremedythenon-compliance orsatisfythe

com plaining partythatthe alleged non-com plying pady has com plied.Ifthe alleged non-

com plying pady has notrem edied the alleged non-com pliance orsatisfiedthe

complainingpartythatithascompliedwithinfifteen(15)calendardays,thecomplaining
party m ay apply to the Coud forappropriate relief.

15

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 18 of 20

NOTIFICATION O F SUCCESSO RS

39. During the term ofthisDecree,Defendantshallprovide priorw ritten notice

to any potentialpurchaserofDefendant's business,a purchaserofaIIora portionof

Defendant's

assets,orto

any

otherpotentialsuccessorofthe

Com

m

ission's

Iaw

suit ,

of

the allegations raised in the Com m ission'scom plaint, andthe existence and contentsof

the Decree.

NO CO NDITIO NA L RECEIPT

40. Dynam icwillnotcondition the receiptofindividualreliefonan individual's

agreementto(a)maintainasconfidentialthetermsofthisConsentDecree,(b)waive
herstatutory righttofile a charge w ithanyfederalorstate antie iscrim inationagency,

or(c)waive herrightto applyforapositionwithDefendant,recognizingthatDMS has

no obligationto create positionsforthem orto considerthem forpositionsforw hichthey

are notqualified.

DONE AND ORDERED in Cham bersin M iam i,Florida,this day of

Decem ber,2013.

KATHLEEN M .W ILLIAM S UNITED STATES DISTRICT JUDGE

16

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 19 of 20

(FinalSignaturePagetoFollow)

AG REED TO :

FOR PLAINTIFFU.S.EQUAL EM PLOYM ENT OPPORTUNITY COM M ISSION:

By: ROBERT E.W EISBERG RegionalAttorney U .S.EEO C M inm iD istrictOftice 100 S.E.2nd Street,Suite 1500 M inmi,Florida33131 Tel:305-808-1753 Fax:305-808-1835
Attorney forPlaintiffU .S.EEO C

Date:

AGREED TO : FO R DEFENDANT DYNAM IC M EDICAL SERVICES,INC.:

By: D r.Dennis N obbe Owner,Dynam icM edicalServices,Inc.

Date:

17

Case 1:13-cv-21666-KMW Document 53 Entered on FLSD Docket 12/23/2013 Page 20 of 20 A ttachm entA

R ELEA SE

In consideration for $

,paidtomebymyem ployer/form eremployer

DynamicM edicalServices,Inc.(t$Dynamic''),inconnectionwiththeresolutionoftheaction

styledEEOC eta1.v.DvnamicM edicalServices. Inc.,CaseNo.1:13-CV-21666-KM W inthe

United

States D

istrictCourt,Southern

D

istrictofFlorida ,

I hereby

waive

m

y

righttorecoverfor

any claim sagainstD ynam icarising underTitleV 1I, and based on religiousdiscrim ination,

religious harassm

ent,failureto

accom

m

odate a religious practice

or belief ,

or retaliation

for

complainingaboutsam e,thatlhadpriortothedateofthisReleaseandthatwereincluded inthe

claim sallegedintheamendedcom plaintfiledinthiscase.

PrintedN am e:

Signatm e:

Date:

 
 Case: 1:13-cv-21666 As of: 02/10/2014 07:38 PM EST 1 of 6

U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:13−cv−21666−KMW

CLOSED,WCT

Equal Employment Opportunity Commission v. Dynamic Medical Services, Inc. Assigned to: Judge Kathleen M. Williams Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 05/08/2013 Date Terminated: 12/20/2013 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Equal Employment Opportunity Commission

represented by Ana Consuelo Martinez U.S. Equal Employment Opportunity Commission The Miami Tower 100 SE 2nd Street, Suite 1500 Miami, FL 33131 305−808−1779 Email: ana.martinez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beatriz Biscardi Andre US Equal Employment Opportunity Commission Miami District Office Miami Tower 100 SE 2nd Street Suite 1500 Miami, FL 33131 305−808−1753 Fax: 305−808−1835 Email: beatriz.andre@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zandro E. Palma Zandro E. Palma, P.A. 3100 South Dixie Highway Suite 202 Miami, FL 33133 305−446−1500 Fax: 305−446−1502 Email: zep@thepalmalawgroup.com TERMINATED: 05/24/2013

V. Intervenor Plaintiff Norma Rodriguez

represented by Ruben Martin Saenz The Saenz Law Firm, P.A. 20900 N.E. 30th Avenue Suite 800 Aventura, FL 33180 305.503.5131 Fax: 1.888.270.5549 Email: msaenz@saenzlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zandro E. Palma

Case: 1:13-cv-21666 As of: 02/10/2014 07:38 PM EST 2 of 6

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Rommy Sanchez

represented by Ruben Martin Saenz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zandro E. Palma (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Yanileydis Capote

represented by Ruben Martin Saenz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zandro E. Palma (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Intervenor Plaintiff Maykel Ruz

represented by Ruben Martin Saenz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zandro E. Palma (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Dynamic Medical Services, Inc. Florida Corporation

represented by Allan H. Weitzman Proskauer Rose 2255 Glades Road Suite 421 Atrium Boca Raton, FL 33431−7360 561−241−7400 Fax: 241−7145 Email: aweitzman@proskauer.com TERMINATED: 09/10/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Devora L. Lindeman Greenwald Doherty, LLP 30 Ramland Road Suite 201 Orangeburg, NY 10962 845−589−9300 Email: dl@greenwaldllp.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 1:13-cv-21666 As of: 02/10/2014 07:38 PM EST 3 of 6

Kevin Doherty Greenwald Doherty, LLP 30 Ramland Road Suite 201 Orangeburg, NY 10962 845−589−9300 Email: kd@greenwaldllp.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian D. Buckstein Brian D. Buckstein, P.A. 420 South State Road 7 Suite 122 Wellington, FL 33414 561.795.9878 Fax: 795.9858 Email: bbuckstein@bucksteinlaw.com ATTORNEY TO BE NOTICED

Date Filed 05/08/2013
05/08/2013 05/08/2013 05/24/2013 05/24/2013 05/28/2013
05/28/2013
05/28/2013
06/11/2013 06/13/2013

# Docket Text
1 COMPLAINT against Dynamic Medical Services, Inc.. Filing fees $ 400.00. USA Filer − No Filing Fee Required, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Biscardi, Beatriz) (Entered: 05/08/2013)
2 Judge Assignment to Judge Kathleen M. Williams (ail) (Entered: 05/08/2013)
3 Summons Issued as to Dynamic Medical Services, Inc.. (ail) (Entered: 05/08/2013)
4 Unopposed MOTION to Intervene by Rommy Sanchez, Norma Rodriguez and Yanileydis Capote (Attachments: # 1 Appendix Intervention Complaint)(Palma, Zandro) Modified Relief/Filers on 5/28/2013 (ls). (Entered: 05/24/2013)
Attorney Zandro E. Palma terminated as to Plaintiff Equal Employment Opportunity Commission. (ls)(Attorney Added in Error at DE #4) (Entered: 05/28/2013)
5 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Dynamic Medical Services, Inc.. Attorney Brian D. Buckstein added to party Dynamic Medical Services, Inc.(pty:dft). (Attachments: # 1 Text of Proposed Order)(Buckstein, Brian) (Entered: 05/28/2013)
6 Clerks Notice to Filer re 4 MOTION Unnoposed Motion for Leave to Intervene re 1 Complaint . Wrong Motion Relief(s) Selected and Wrong Filer(s) Selected; ERROR − The Filer selected the wrong motion relief(s)and filer(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 05/28/2013)
7 ORDER granting 5 Unopposed Motion for Extension of Time to Answer RE: Complaints re 1 Complaint, Dynamic Medical Services, Inc. answer due 6/27/2013. Signed by Judge Kathleen M. Williams on 5/28/2013. (ls) (Entered: 05/28/2013)
8 ORDER granting 4 Unopposed Motion to Intervene; Complaint in Intervention due within seven (7) days. Signed by Judge Kathleen M. Williams on 6/11/2013. (ls) (Entered: 06/12/2013)
9 Application for Kevin M. Doherty to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Filing Fee $ 75.00. Receipt # 60657. (ksa) (Entered: 06/14/2013)

Case: 1:13-cv-21666 As of: 02/10/2014 07:38 PM EST 4 of 6

06/13/2013 06/14/2013
06/14/2013 06/14/2013 06/17/2013 06/20/2013
06/24/2013 06/25/2013 06/26/2013 06/26/2013 07/11/2013 07/23/2013 08/09/2013 08/12/2013 08/26/2013

10 Application for Devora L. Lindeman to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. Filing Fee $ 75.00. Receipt # 60649. (ksa) (Entered: 06/14/2013)
11 ORDER granting 9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; granting 10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Kathleen M. Williams on 6/14/2013. (ls) (Entered: 06/14/2013)
12 Intervenor COMPLAINT , filed by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez. (Attachments: # 1 Summon(s))(Palma, Zandro) (Entered: 06/14/2013)
13 NOTICE of Filing Proposed Summons(es) by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez re 12 Intervenor Complaint filed by Maykel Ruz, Rommy Sanchez, Yanileydis Capote, Norma Rodriguez (Attachments: # 1 Summon(s))(Palma, Zandro) (Entered: 06/14/2013)
14 Summons Issued as to Dynamic Medical Services, Inc.. (ls) (Entered: 06/17/2013)
15 NOTICE of Attorney Appearance by Ruben Martin Saenz on behalf of Yanileydis Capote, Norma Rodriguez, Maykel Ruz, Rommy Sanchez. Attorney Ruben Martin Saenz added to party Yanileydis Capote(pty:intvp), Attorney Ruben Martin Saenz added to party Norma Rodriguez(pty:intvp), Attorney Ruben Martin Saenz added to party Maykel Ruz(pty:intvp), Attorney Ruben Martin Saenz added to party Rommy Sanchez (pty:intvp). (Saenz, Ruben) (Entered: 06/20/2013)
16 NOTICE of Attorney Appearance by Allan H. Weitzman on behalf of Dynamic Medical Services, Inc.. Attorney Allan H. Weitzman added to party Dynamic Medical Services, Inc.(pty:dft). (Weitzman, Allan) (Entered: 06/24/2013)
17 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Dynamic Medical Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 06/25/2013)
18 SUMMONS (Affidavit) Returned Executed on 12 Intervenor Complaint with a 21 day response/answer filing deadline by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez. Dynamic Medical Services, Inc. served on 6/25/2013, answer due 7/16/2013. (Palma, Zandro) (Entered: 06/26/2013)
19 ORDER granting 17 Unopposed Motion for Extension of Time to Answer RE: Complaints re 1 Complaint, Dynamic Medical Services, Inc. answer due 8/12/2013. Signed by Judge Marcia G. Cooke for Judge Kathleen M. Williams on 6/26/2013. (ls) (Entered: 06/27/2013)
20 MOTION for Extension of Time to File Answer RE: Complaints re 12 Intervenor Complaint by Dynamic Medical Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 07/11/2013)
21 ORDER granting 20 Motion for Extension of Time to Answer RE: Complaints re 12 Intervenor Complaint; Dynamic Medical Services, Inc. answer due 8/12/2013.. Re: 12 Intervenor Complaint. Signed by Judge Kathleen M. Williams on 7/23/2013. (ls) (Entered: 07/24/2013)
22 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 12 Intervenor Complaint, 1 Complaint by Dynamic Medical Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 08/09/2013)
23 ORDER granting 22 Motion for Extension of Time to Answer RE: Complaints re 12 Intervenor Complaint, 1 Complaint Dynamic Medical Services, Inc. answer due 8/26/2013.. Re: 12 Intervenor Complaint, 1 Complaint. Signed by Judge Kathleen M. Williams on 8/9/2013. (ls) (Entered: 08/12/2013)
24 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM by Dynamic Medical Services, Inc.. Responses due by 9/12/2013 (Weitzman, Allan) (Entered: 08/26/2013)

Case: 1:13-cv-21666 As of: 02/10/2014 07:38 PM EST 5 of 6

08/26/2013 09/10/2013 09/10/2013 09/11/2013 09/11/2013 09/11/2013 09/12/2013 09/13/2013
09/13/2013 09/30/2013 09/30/2013 10/01/2013 10/01/2013 10/04/2013 10/08/2013

25 MOTION TO DISMISS 12 Intervenor Complaint FOR FAILURE TO STATE A CLAIM by Dynamic Medical Services, Inc.. Responses due by 9/12/2013 (Weitzman, Allan) (Entered: 08/26/2013)
26 Unopposed MOTION to Withdraw as Attorney by Allan H. Weitzman. by Dynamic Medical Services, Inc.. Responses due by 9/27/2013 (Attachments: # 1 Text of Proposed Order)(Weitzman, Allan) (Entered: 09/10/2013)
27 ORDER granting Proskauer Rose LLP's 26 Motion to Withdraw as Counsel for Defendant. Attorney Allan H. Weitzman terminated. Signed by Judge Kathleen M. Williams on 9/10/2013. (tpl) (Entered: 09/11/2013)
28 Unopposed MOTION for Extension of Time to Amend re 1 Complaint as a Matter of Course by Equal Employment Opportunity Commission. Responses due by 9/30/2013 (Attachments: # 1 Text of Proposed Order)(Biscardi, Beatriz) Modified Link on 9/11/2013 (ls). (Entered: 09/11/2013)
29 Clerks Notice to Filer re 28 Unopposed MOTION for Extension of Time to Amend Complaint as a Matter of Course. Document Not Linked; ERROR − The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 09/11/2013)
30 ORDER granting 28 Unopposed Motion for Extension of Time to Amend Complaint. Amended Complaint due by 9/30/2013. Signed by Judge Kathleen M. Williams on 9/11/2013. (tpl) (Entered: 09/12/2013)
31 MOTION for Extension of Time to Amend 12 Intervenor Complaint by Yanileydis Capote, Norma Rodriguez, Maykel Ruz, Rommy Sanchez. Responses due by 9/30/2013 (Saenz, Ruben) Modified Link on 9/13/2013 (ls). (Entered: 09/12/2013)
32 Clerks Notice to Filer re 31 Unopposed MOTION for Extension of Time to Amend 25 MOTION TO DISMISS 12 Intervenor Complaint FOR FAILURE TO STATE A CLAIM . Incorrect Document Link; ERROR − The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 09/13/2013)
33 ORDER granting Intervening Plaintiff's 31 Unopposed Motion for Extension of Time to Amend Complaint. Amended Complaint due by 10/7/2013. Signed by Judge Kathleen M. Williams on 9/13/2013. (tpl) (Entered: 09/16/2013)
34 NOTICE of Attorney Appearance by Ana Consuelo Martinez on behalf of Equal Employment Opportunity Commission. Attorney Ana Consuelo Martinez added to party Equal Employment Opportunity Commission(pty:pla). (Martinez, Ana) (Entered: 09/30/2013)
35 AMENDED COMPLAINT against Dynamic Medical Services, Inc. filed in response to Order Granting Motion for Leave, filed by Equal Employment Opportunity Commission.(Biscardi, Beatriz) Modified Text on 10/1/2013 (ls). (Entered: 09/30/2013)
36 Joint MOTION for Leave to File Scheduling Report within Forty−Five (45) days by Equal Employment Opportunity Commission. (Biscardi, Beatriz) Modified Text on 10/2/2013 (ls). (Entered: 10/01/2013)
37 Unopposed MOTION to Stay Proceedings in Light of Lapse of Appropriations by Equal Employment Opportunity Commission. Responses due by 10/18/2013 (Biscardi, Beatriz) Modified Text on 10/2/2013 (ls). (Entered: 10/01/2013)
38 First AMENDED COMPLAINT in Intervention against Dynamic Medical Services, Inc. filed in response to Order Granting Motion for Leave, filed by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez.(Palma, Zandro) Modified Text on 10/7/2013 (ls). (Entered: 10/04/2013)
39 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 38 Amended Complaint, filed in Intervention by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 10/08/2013)

Case: 1:13-cv-21666 As of: 02/10/2014 07:38 PM EST 6 of 6

10/08/2013 10/09/2013
10/18/2013 10/21/2013 11/08/2013 11/08/2013 11/12/2013
11/18/2013 12/09/2013 12/10/2013 12/17/2013 12/17/2013 12/20/2013
12/20/2013

40 MOTION for Extension of Time to File Answer RE: Complaints re 35 Amended Complaint by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 10/08/2013)
41 ORDER granting 37 Motion to Stay; granting in part 36 Motion for Leave to File Scheduling Report; granting in part 39 Motion for Extension of Time to Answer RE: Complaints and 40 Motion for Extension of Time to Answer RE: Complaints. Signed by Judge Kathleen M. Williams on 10/9/2013. (tpl) (Entered: 10/09/2013)
42 MOTION to Lift Stay of Proceedings by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Biscardi, Beatriz) Modified Text on 10/18/2013 (ls). (Entered: 10/18/2013)
43 ORDER granting 42 Motion to Lift Stay of Proceedings. Signed by Judge Kathleen M. Williams on 10/19/2013. (tpl) (Entered: 10/21/2013)
44 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 38 Amended Complaint, by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 11/08/2013)
45 MOTION for Extension of Time to File Answer RE: Complaints re 35 Amended Complaint by Dynamic Medical Services, Inc.. (Buckstein, Brian) (Entered: 11/08/2013)
46 ORDER granting 44 Motion for Extension of Time to Answer RE: Complaints Dynamic Medical Services, Inc. answer due 12/9/2013.; granting 45 Motion for Extension of Time to Answer RE: Complaints Dynamic Medical Services, Inc. answer due 12/9/2013.. Responses due by 12/9/2013 Signed by Judge Kathleen M. Williams on 11/12/2013. (cqs) (Entered: 11/12/2013)
47 NOTICE OF UNAVAILABILITY by Yanileydis Capote, Maykel Ruz, Rommy Sanchez, Norma Rodriguez for dates of December 20, 2013 through January 2, 2014 (Palma, Zandro) (Entered: 11/18/2013)
48 NOTICE of Settlement by Dynamic Medical Services, Inc. (Buckstein, Brian) (Entered: 12/09/2013)
49 ORDER Requiring Joint Stipulation of Dismissal, ( Joint Stipulation of Dismissal due by 12/30/2013.) Signed by Judge Kathleen M. Williams on 12/9/2013. (tpl) (Entered: 12/11/2013)
50 STIPULATION of Dismissal by Yanileydis Capote, Norma Rodriguez, Maykel Ruz, Rommy Sanchez (Attachments: # 1 Text of Proposed Order Proposed Order)(Palma, Zandro) (Entered: 12/17/2013)
51 Joint MOTION to Approve Consent Judgment by Equal Employment Opportunity Commission. Responses due by 1/3/2014 (Attachments: # 1 Consent Decree)(Biscardi, Beatriz) (Entered: 12/17/2013)
52 ORDER DISMISSING INTERVENORS' COMPLAINT re 50 Stipulation of Dismissal filed by Maykel Ruz, Rommy Sanchez, Yanileydis Capote, Norma Rodriguez Signed by Judge Kathleen M. Williams on 12/18/2013. (ots) (Entered: 12/23/2013)
53 ORDER APPROVING CONSENT DECREE AND DISMISSING CASE, ORDER granting 51 Motion to Approve Consent Judgment; denying as moot 24 Motion to Dismiss for Failure to State a Claim; denying as moot 25 Motion to Dismiss for Failure to State a Claim. Signed by Judge Kathleen M. Williams on 12/18/2013. (ots) (Entered: 12/23/2013)

 
 U.S. Equal Employment Opportunity Commission
PRESS RELEASE 12-23-13
Dynamic Medical Services To Pay $170,000 To Settle EEOC Religious Discrimination Lawsuit
Company Required Employees to Participate in Scientology Religious Practices, Fired Two for Refusing, Federal Agency Charged
MIAMI - Dynamic Medical Services, Inc., a Miami companyowned byDr. Dennis Nobbe which provides medical and chiropractic services, has agreed to settle a religious discrimin​ation lawsuit filed bythe U.S. Equal Employment OpportunityCommission (EEOC), the agencyannounced today.
The EEOC charged in its suit that Dynamic Medical Services, Inc. ("DMS") required Norma Rodriguez, Maykel Ruz, RommySanchez, Yanileydis Capote and other employees to spend at least half their work days in courses that involved Scientologyreligious practices, such as screaming at ashtrays or staring at someone for eight hours without moving. The companyalso instructed employees to attend courses at the Church of Scientology. Additionally, the company required Sanchezto undergo an "audit" byconnect​ing herself to an "E-meter," which Scientologists believe is a religious artifact, and required her to undergo "purification" treatment at the Church of Scientology.
According to the EEOC's suit, employees repeatedlyasked not to attend the courses but were told it was a requirement of the job. In the cases of Rodriguezand Sanchez, when theyrefused to participate in Scientology religious practices and/or did not conform to Scientologyreligious beliefs, theywere terminated.
Such alleged practices violate Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion-which includes forcing employees to conform to a particular religion. The EEOC filed suit (Case No. 1:13-cv-21666KMW, filed in U.S. District Court for the Southern District of Florida) after first attempting to reach a settlement through its conciliation process.
According to the terms of the consent decree, which was approved bythe U.S. District Court on December 23, 2013, DMS will pay$170,000 to settle the lawsuit. Payments will be made to the four named claimants Rodriguez, Ruz, Sanchez, Capote, and four other identified class members. The agreement also requires DMS to accommodate employees who complain about attending and/or participating in religious courses or other religious work-related activities for religious reasons; to notifyEEOC if employees request a religious accommodation; to adopt an anti-discrimination policythat explains to employees their rights under Title VII with respect to religious discrimination; and to conduct training for DMS employees covering Title VII, and specificallyfocusing on religious discrimination.
"We are pleased that we have been able to secure relief for all claimants and class members, and to ensure that policies are in place to prevent religious discrimination at DMS," said Robert Weisberg, regional attorneyfor the EEOC's Miami District. "The law is clear: An employer cannot force his or her religion on staff bymandating that employees practice or espouse a certain religion, and cannot refuse to accommodate employees after theyobject to such discriminatory employment practices."
Malcolm Medley, director of the EEOC's Miami District, added, "I am proud of the work our investigators and legal team did in this case. Employers cannot make participation in religious practices a mandatorycondition of employment. Moreover, employees who object to such mandatorypractices and request an accommodation cannot be in fear of retaliation."
The EEOC is responsible for enforcing federal laws against employment discrimination. The Miami District Office's jurisdiction includes Florida, Puerto Rico and U.S. Virgin Islands. Further information is available at www.eeoc.gov.