Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA 2001 OCT I0 A~IIO: 00
FORT MYERS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v. SANCTUARY GOLF CLUB, INC.

CIVIL ACTION NO. 2:00 CV 265 FTM 29D
~ ; r"i
-1 ; ...... -

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

CONSENT DECREE 1. This Consent Decree (the "Decree") is made and entered into by and between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the "Commission" or "EEOC"), and Defendant, Sanctuary Golf Club, Inc. (hereinafter referred to as "the Sanctuary"). The Commission and the Sanctuary are collectively referred to herein as "the Parties. " 2. On June 15, 2000, EEOC initiated this action by filing its Complaint against Sanctuary Golf Club, Inc. in the United States District Court for the Middle District of Florida, Fort Myers Division, Civil Action No. 2:00 CV 265 FTM 29D based upon a charge filed by Samuel Alexander Hulsinger (EEOC Charge No. 150- 98- 1719). EEOC's Complaint alleges that the Sanctuary violated Title VII of the Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of 1991,42 U.S.C. Section 2000e et seq. ("Title VII") by subjecting an employee, Samuel A. Hulsinger, to unlawful racial harassment

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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 2 of 21
in the form of a hostile work environment. The Complaint further alleges that Mr. Hulsinger was constructively discharged.
3. In the interest of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns.
4. The Parties agree that this Decree resolves all claims arising out of EEOC Charge Number 150- 98- 1719 and the Complaint filed in this action, and constitutes a complete resolution of all claims under Title VII that were made by the Commission in this action.
5. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
JURISDICTION 6. This Court has jurisdiction of the subject matter of this action and over the Parties for the purposes of entering and enforcing this Decree. 7. No party shall contest jurisdiction ofthis federal court to enforce this Decree and its terms or the right of the EEOC to bring an enforcement suit upon breach of any of the terms of this Decree.
GENERAL PROVISIONS 8. Defendant, the Sanctuary, its officers and/or employees, agree not to engage in conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment because of the race of that
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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 3 of 21
individual and/or by subjecting an individual to racial harassment or circumstances which lead to the constructive discharge of an individual due to racial harassment.
9. Defendant, the Sanctuary, its officers and/or employees, agree not to discriminate against any employee who opposes any of Defendant's practices which the employee believes to be a violation of the Title VII; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
RACIAL HARASSMENT POLICY AND TRAINING 10. Defendant, the Sanctuary, has established a written policy against racial harassment, which is attached as Exhibit A. Defendant, the Sanctuary, agrees that all its employees and managers will have been provided with a complete copy of their policy against racial harassment within thirty (30) days of the entry of this Decree. 11. In order to further ensure the effective implementation of Defendant the Sanctuary's anti-discrimination policy, the Sanctuary will conduct training for all of its managers and supervisory personnel on racial discrimination with specific emphasis on recognizing racial harassment and the proper procedure to be followed if they become aware of racial harassment in the workplace or if they receive a complaint of such harassment. The Sanctuary agrees to provide the EEOC, at least two weeks notice before it conducts its training session(s), with the date(s) and location(s) of the training, copies of all training materials to be used at the training session, and a list of the names and titles of each employee who will be in attendance at the training. The training will be conducted by Stephanie Yelenosky, attorney with Jackson, Lewis
3

Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 4 of 21
et al.. Additionally, the Sanctuary agrees that the EEOC shall, at the EEOC's discretion, be in attendance at each training session(s).
12. Defendant, the Sanctuary, agrees that the training described in paragraph 11 shall be conducted within sixty (60) days of the entry ofthis Decree. And, should thereafter take place annually for the duration of this Decree. The Sanctuary further agrees that the training described in paragraph 11 shall be given to all new managers and supervisors, who did not attend the annual training, within forty-five (45) days of being placed in a management or supervisory position.
13. The Sanctuary agrees that all new employees shall be given a copy of its Policy Against Racial Harassment; and the Sanctuary further agrees that new employees will be advised that any complaints of racial harassment should be reported in accordance with that policy.
DISCIPLINE TO OFFENDING EMPLOYEES 14. The Sanctuary agrees that within fifteen (15) days of the entry of this Decree it will discipline the following current employees of the Sanctuary for having violated the Sanctuary's policy against unlawful racial harassment: Peter Lallas and Fred Fulford. Such discipline shall consist of a written warning to be placed in each employee's file explicitly stating that the employee is being disciplined for violating the Sanctuary's policy against racial harassment and stating that any future violations will result in immediate discharge. The Sanctuary further agrees that it will provide the EEOC with copies of such written warnings once they have been issued to the offending employees.
POSTING 15. The Sanctuary will post the Notice, attached as Exhibit B, within ten (10) days of the entry of this Decree. Said notice shall be posted at its Sannibel facility for the duration of this
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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 5 of 21

Decree in the area designated as the lunch room area for employees as well as on the scheduling

board for employees' daily assignments andlor notices.

MONITORING

16. The Sanctuary will retain all employment records relating in any way to any

complaint or allegation of racial harassment at its facilities for the duration of this Decree and as

required under federal law.

17. The Sanctuary will certify to the EEOC every six months throughout the duration

of this Decree that it is in compliance with all aspects of this Decree. The first such certification

will be due no later than thirty(30) days from the first training provided pursuant to paragraph 10.

With each certification the Sanctuary will further provide the EEOC with the name, address, and

phone number of any person who alleges they have been racially harassed while working at any

of the Defendant's facilities during the preceding six month period. Defendant, the Sanctuary,

will also state its actions taken in response to each such allegation and provide any and all

documentation associated with such complaint.

MONETARY RELIEF

18. The Sanctuary agrees to pay by certified check to Samuel Alexander Hulsinger a total

of $50,000.00 (fifty thousand dollars) representing compensatory and punitive damages, within ten

(l0) calendar days from the Court's execution ofthis Decree. Payments to Mr. Hulsinger shall be

forwarded directly to him at 709 Zepplin Place, Fort Myers, FI 33913, by certified mail with a

return receipt requested. The Sanctuary will issue Mr. Hulsinger an IRS form 1099 as required

by law.

19.

The Sanctuary agrees to simultaneously provide the EEOC with copies of the

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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 6 of 21
payment set forth in paragraph 18 above. Said copies shall be forwarded to the attention of Carla Von Greiff, Trial Attorney, at the Tampa Area Office of the EEOC, 501 East Polk Street, Room 1020, Tampa, Florida, 33602.
20. If the Sanctuary fails to tender the above-mentioned payment within the ten-day period agreed upon, the Sanctuary shall pay interest on the defaulted payment at the rate calculated pursuant to 26 U.S.C. Section 6621(b) until the same is paid, and bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendant.
ENFORCEMENT OF DECREE 21. The Commission shall have independent authority to seek the judicial enforcement of any aspect, term or provision of this Decree. 22. The Court will take whatever measures it deems appropriate to effectuate the enforcement of the terms of this Decree.
COSTS 23. Each Party shall bear its own costs and attorneys' fees associated with this litigation.
DURATION OF DECREE 24. This Decree shall remain in effect for three (3) years from the date of the Court's execution of the Decree.
AGREED TO: FOR THE PLAINTIFF, UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 7 of 21
by: ~Mh'~Date: 10-5-01
Delner Franklin-Thomas Regional Attorney Miami District Office United States Equal Employment Opportunity Commission One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131
AGREED TO: FOR THE DEFENDANT, SANCTUARY GOLF CLUB, INC.

by: Stephanie Yelenosky, Donald Works, Esq. Jackson, Lewis et al. Attorneys for Defendant 390 N. Orange Avenue Suite 1285 Orlando, F132801-1641

Date:

rbi; ~T ~ by:

Date:

President of the Sanctuary Golf Club, Inc.

SO ORDERED, ADJUDGED AND DECREED, this JS;Jiday of ~
2001.

States District Judge

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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 8 of 21

EXHIBIT A: SANCTUARY'S ANTI·DISCRIMINATION POLICY

Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 9 of 21
ANTI-HARASSMENT POLICY
Sanctuary has a ~cro tolerance for harassnwllt and is committed to a workplace free of any harassment. Harassment or any omployee by a.nother employee, supervisor/manager or 1hird party for any rcason~ including but not limited to race, color, religion, creed, age, sex, national origin or ancestry, marital status, sexual preference, veteran's status, or status as a qualified individual with a disability, ano any other protected characteristic under applicab1e law is strict1yprohibited~ Harassment of third parties by our employees is also prohibited.
A. Harassment
Examples of harassment include verbal (inclnding improper joking or teasing) or physical conduct that denigrates or shows hostility or aversion towards an individual becallse of any protected characteristic, and that: (1) has the purpose or effect of creating an intimidating, hostile, or offensive working environment as defined by Jaw; (2) has the purpose or effect of unreasonably interfering with an individual's work performance; or, (3) otherwise adversely affects an individual's employment opportunities.
B. Sexual Harassment
Examples of sexual harassment include unwelcome or tl.nsoliciled sex.ual advances. requests for sexual favors, and other verbal or physicnl conduct of a sexual nature when:
1. submission to such conduct is made, either explicWy or impJiciUy, a tenn or condition of an individual's employment; or
2. submissioll to or rcjection of such conduct by an individual is used as a basis for employment decisions aITccting such indivjdual; and
3, such conduct has the pUJ.·pose or effect of substantially or unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive environment.
Other examples of sexual harassmenl include: unwelcome sexual advances, requests for sexual favors, obscene gestures, visual harassment such as derogatory cartoons, posters and drawings, sexually explicit e-mail, or voice mail and othcr verbal or physical conduct ------'ofu-.o-R--sex-ual---rnnur-c-such-as-uninvited· touching-of-a-scxuat41s.ture-or-sGXually-rclatcdconuncnts...- - - Depending upon the circumstances, prohibited conduct can also include sexual joking, vulgar or offensive conversation or jokes. commenting about all individual's physical appearance, conversation about an individual's own or somcone else's sex life, teasing or other conduct directed toward a persou becauso of his or her gender which is 811fficicntly severe or perva.t;ive to create an unprofessional and hostile working environment. It may range from inappropriate sexual suggestions to coerced sexual relations. The harasser may be the individual's employer, supervisor, co-worker, or other third party.

Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 10 of 21
c. Reporting
Tn the event that any harassment based on matters protected under applicable federal, slate, or local law occurs, or other conduct jnterferes with any employee's work perfonmll1ce, employees should immediately report the maHer to their department supervisor/manager or any other supervjsor/manager with whom the employee feels comfortable. If an employee is unsure of with whom to raisc an issue ofharassrnent, aT if an employee has not received a satisfactory response within five (5) business days after reporting any incident ofwhat the employee percei.ves to be harassment, please immediately contact Sanctuacys Human Resource Director Qf General Manager. They will insure that an investigation is immediately conducted. Every report of perceived harassment will be fully investigated and corrective action will be taken where appropriate. Sanctuary will protect the confidentiality of harassment complaints to tho extent possible, within the constraints of applicable law.
Violation of this policy will result in disciplinary actioll, up to and including discharge for any emp10yee who violates this polley. In addition, tlle company prohibits allY form of retaliation by any individual against individuals who report unwelcome conduct or who cooperate ill the investigation of such reports in accordance with tbis policy amI the company will take appropriate disciplinary action for any such retaliation.
sanctuary is committed to maintaining a prodUctive and lawful work environment, free of any harassment. Employees with questions or complaints will be provided with appropriate timely responses. An employee wiLh questions about this policy should contact his/her supervisor/manager or allY other supervisor/manager with whom the employee feels (',omfortab1e.

Case 2:00-cv-00265-JES Date Printed: 10/15/2001

DFocuImLentE17 CFOilePd 1Y0/10/2001

Page 11 of 21

Notice sent to:
Rachel H. Shonfield, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gilbert Carrillo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Jennifer H. Zawid, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St. lOth Floor Timberlake Federal Building Annex Tampa, FL 33602
Donald C. Works III, Esq. Jackson, Lewis, Schnitzler & Krupman 390 N. Orange Ave., Suite 1285

Case 2:0P0.-Ocv. -0B02o6x5-3J3E8S9 Document 17 Filed 10/10/2001 Orlando, FL 32802-3389

Stephanie A. Yelenosky, Esq. Jackson, Lewis, Schnitzler & Krupman
390 N. Orange Ave., Suite 1285 P.O. Box 3389 Orlando, FL 32802-3389

Philip H. Blackburn Law Office of Philip H. 3117 Edgewater Dr. P.O. Box 547966 Orlando, FL 32854

Blackburn

Page 12 of 21

Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 13 of 21
c. Reporting
Tn the event that any harassment based on matters protected under applicable
feueral. state, or local law occurs, or other conduct interreres with any employee's work
perfonml11ce, employees should immedIately report the maHer to their department supervisor/manager or any other supervisor/manager with whom the employee feels comfortable. If an employee is unsure of with whom to raise an issue of harassment, OT jf an employee has not rcccivod a satisfactory response within five (5) business days after reporting any incident of what the employee perceives to be harassment, please immediately contact Sanctuary's Human Resource Director Qt General Manager. They will insure that an investigation is immediately
conducted. Every report of perceived harassment will be fully investigated and corrective action will be taken where appropriate. Sanctuary will protect the confidentiality of harassment complaints to tho extent possible, within the constraints of applicable law.
Violation of this policy will result in disciplinary actioll, up to and including discharge for any employee who violates this policy. In addition) the company prohibits any fonn of rctaliatioll by any individual against individuals who report unwelcome conduct or who cooperate in the investigation of such reports in accordance with tllis policy amI the company will take appropriate disciplinary action for any such retaliation.
Sanctuary is committed to maintaining a productive and lawful work environment. free of any harassment. Employees with questions or complaints will be provided with appropriate timely responses. An employee wlLh questions about tlus policy should contact his/her supervisor/manager or any other supervisor/manager with whom the employee feels comfortab] e.

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- - - -----------

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Case 2:00-cv-00265-JES Date Printed: 10/15/2001

DoFcuImeLntE17 CFOilePd 1Y0/10/2001

Page 14 of 21

Notice sent to:
Rachel H. Shonfield, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gilbert Carrillo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Jennifer H. Zawid, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St. lOth Floor Timberlake Federal Building Annex Tampa, FL 33602
Donald C. Works III, Esq. Jackson, Lewis, Schnitzler & Krupman 390 N. Orange Ave., Suite 1285

Case 2:0P0.-Ocv.-0B02o6x5-3J3E8S9 Document 17 Filed 10/10/2001 Orlando, FL 32802-3389

Stephanie A. Yelenosky, Esq. Jackson, Lewis, Schnitzler & Krupman 390 N. Orange Ave., Suite 1285
P.O. Box 3389 Orlando, FL 32802-3389

Philip H. Blackburn Law Office of Philip H.
3117 Edgewater Dr. P.O. Box 547966 Orlando, FL 32854

Blackburn

Page 15 of 21

....-.. Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 16 of 21 ..
C. Reporting
Tn the event that any harassment based on matters protected under applicable federal, slate, or local law occurs) or other conduct interferes with any employee's work perfonmmce, employees ShOllld immediately report the matter to their department supervisor/manager or any other supervisor/manager with whom the employee feels comfortable. If an employee is unsure ofwith whom to raise an issue ofharassmentt OT jf an employee has nol received a satisfactory response within five (5) business days after reporting any incident ofwhat
the employee perceives to be harussment, please immediately contact Sanctuary's Human
Resource Director Qf General Manager. They will insure that an investigation is immediately conducted. Every report of perceived harassment will be fully investigated and corrective action will be taken where appropriate. Sanctuary wiJI protect the confidentiality of harassment
complaints to tho extent possible, within the constraints of applicable law,
Violation of this policy will result jn di sciplinary aetiol', up to and including discharge for any employee who violates this polley. In addi{ion~ the company prohibits any form of relaliatiol1 by any individual against individuals who report unwelcome conduct or who cooperate in the investigation of such reports in accordance with this policy and the company will take appl'Opriatc disciplinary action for any such retaliation.
Sanctuary is committed to maintaining a productive and lawful work environment, free of any harassment. Employees wilh questions or complaints will be provided wilh appropriate timely responses. An employee with questions about this policy should contact hislher supervisor/manager or any other supervisor/manager with whom the employee feels comfortable.

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--

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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 17 of 21

EQUAl. EMPLOYMENT OPPORTUNITY
Sanctuary is committed to tho full utilj:l,atioll of all human resources and 10 a policy of equal employment opportunity. Sanctuary will not discriminate against employees or applicants for employment on legally-recognized basis including. but not Jimited to, race, age, color, religion, sex, marital status, national origin, physical or mcntal uisability, veteran status andlor any other protected class under federal, slate, or local statute.

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Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 18 of 21
",
EXHIBIT B: NOTICE

, · . Case 2:00-cv-00265-JES Document 17 Filed 10/10/2001 Page 19 of 21
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND SANCTUARY GOLF CLUB, INC.
This notice is being posted pursuant to a Consent Decree entered by the Court in Equal Employment Opportunity Commission v. Sanctuary Golf Club, Inc. Civil Action No. 2:00 CV 265 FTM 29D. The Sanctuary Golf Club, Inc. has agreed that it will not discriminate against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VIlli). Title VII protects individuals from employment discrimination because of their race, religion, color, sex (including sexual harassment and pregnancy) and/or national origin. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. The Sanctuary Golf Club, Inc. will not condone discrimination of any kind as set forth in federal laws, including, but not limited to, racial harassment.
Furthermore, the Sanctuary Golf Club, Inc. assures its employees that it supports Title VII and will not take any action against an individual because he/she has exercised his/her rights under the law to oppose discriminatory acts or to file charges with the EEOC.
Appropriate corrective action, up to and including termination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved.
This notice shall remain posted for three (3) years from the date signed. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
Signed this _ _ day of _ _ _, 2001.
President/CEO Sanctuary Golf Club, Inc.

Case 2:00-cv-00265-JES DoFcuImeLntE17 CFOilePd 10Y/10/2001 Page 20 of 21
Date Printed: 10/15/2001
Notice sent to:
Rachel H. Shonfield, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gilbert Carrillo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Jennifer H. Zawid, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St. 10th Floor Timberlake Federal Building Annex Tampa, FL 33602
Donald C. Works III, Esq. Jackson, Lewis, Schnitzler & Krupman 390 N. Orange Ave., Suite 1285

Case 2:0P0.O-c.v-0B0o2x653-J3E8S9 Document 17 Filed 10/10/2001 Orlando, FL 32802-3389

Stephanie A. Yelenosky, Esq. Jackson, Lewis, Schnitzler & Krupman 390 N. Orange Ave., Suite 1285
P.O. Box 3389
Orlando, FL 32802-3389

Philip H. Blackburn
Law Office of Philip H. 3117 Edgewater Dr. P.O. Box 547966 Orlando, FL 32854

Blackburn

Page 21 of 21

 
 ,~n-1§-O0 10;34 F r om-I~)O EEOC
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDL£ DISTRICT OF FLORIDA
FORT MYERS DIVISION EQUAL EMFLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
Vo
SANCTUARY GOLF CLUB, INC-
NATURE OF THE ACTION This is an action trader Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Ac~ of 1991 to correct anlawCml ¢mploymea[ practices on the basis of race, and to provide appropriate relief to Samael Hulsiagcr who was adversely affec~d by such practices. As stated with particularity in paragraphs g and 9, the Commission alleges that Mr. Hulsinger, 8lack, was fo~ed to endure a hostile environag’at while employed at Defemiam’s place of business. Furd’crmorc, Sam~J H~singcr was coasLracdvcly discharged_
.rOI SDICT ON VENire
I. JurLsdicdon of~is Court is invoked pursaant to 2g U.S,C. ~ 451, 1331, 1337, 1343 ~ 1345. ~is ~ion is au~ofi~ ~d i~zaled p~t m S~ion 7~(1) ~d (3) of Title VII of~ Civil ~ ~t of 1964, as ~cade~ 42 U.S.C. ~ 2000e-5(0(1) ~ O) (~Tide VII"), md Section 102 of~e Civil ~ts Act of 1991,42 U.S.C. ~ 19~1A.

Jun-l§-OO 10:34 From-14~O EEOC

30SSS64404

T-895 P.06/11 F-205

2. The ¢mploymen~ pr~ticcs alleged m be unlawful were committed within the jarisdicfion of zhc United States Distric~ Court for the Middle District of Florida, Fort Myers

Division.

PARTIES

3. Plaintiff, rim Equal Employment Opportunity Commission (the "Commissisn"), is fl~ agency of the United Stares of America char~ed with the administration, interpretation and enforcement of Title VII, and is cxFr~ssly authorized to bring this action by Section 706~0(1} and

O~ of Tide VII, 42 U.S.C. § 2000e-5(0(1)and (374. At al| relevant timc~, Defendant The Sanctuary GolfC|ub, Inc. (the "Employcr"~, a
Florida corporation, has contin~lously been doing btlsir~$s in the State of Florida and the City of SanibeI Island, and has continuously had at least 15
5. At all relevant times, Defendant Th~ Sanctuary Go|f Club, Inc., Ires continuously

been an employ er engaged in an industry affecting commerce within the meaning of Sections 701(b), (g} ~md (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEM~ OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Samtml Hulsinger filed a charge with fl~ Com~ssion Mleging violations of Title V(! by Defendant Ernp|oycr The Sanctuary Oolf Club, Inc. All conditions precedent ~o d~e restitution of this laws~t have been fulfilled. ?. Since at least April 14, 1997, Defendant Employer has engaged in tmlawful

employment practices at its place of business in Sanibcl Island, Florida in violation of Section 70a(a) of Title VII, 42 LI.S.C. §

Jun-15-O0 10:34 From-k~4DO EEOC

3~)553644G4

T-8~5 P.09/11 F-209

S. Samuel Hulsmg~r was ~bjee~i m racial ~~n~ by ~s co-wor~ ~ by
env~o~m which w~ s~ciently seve~ ~d ~mive m ~ c~ ~e t~ md co~itio~ of~ employ~m. Dcfe~t Employer ~ pl~ed on notice a~m ~e ~sm~h bm D~f~ ~ploy~ ~ ~ ¢x~c~s¢ ~aso~ble c~e in preying or co~ectin~ ~e ~ly ~or. Ad~o~ly, ~f~t Em~oycr f~led to ~ prompt ~ ~tion w~n il ~ or ~d ~ve ~wn of ~ ~i~ ~~t of S~I H~s~ger,
~ ~s ~sifion would f~l complied to resin. ~. H~inger ~, ~h~, cons~vely ~ged.
10. ~ e~ of~ ~Mu~ comp~ of in ~~ 8 ~d 9 a~ve ~ve ~ ~ ~p~ve S~I H~singer of ~ employm~t op~~ ~d o~e~ ~ve~ely ~eet ~ ~us ~ employ~ ~a~ of~e.
11. ~e ~la~ employm~l p~fi~ comp~ed of~ p~g~ 8 ~ 9 a~ve ~ intentional.
12. The unlawful employment practices complained of in paragraph 8 and 9 above were done with malice or with reckless indifference to the federally protected rights of Samuel Hulsinger.
L?gAYEg FOR R~I.IEF Whca-efor~, the Comm/ssion respectfully reqttes~s that this Corot:

J.n-lS-O~ 10:3~ Froe-I~O EEOC

3055364494

T-99S P 10/11 F-209

A. Crr~t a l~nmmen( i~ aacdon cajo’ming Defendam ~ S~m~ Go]fCl~, I~., o~c~, s~cs~ ~si~, md ~! ~o~ ~ ~vc concert or p~cipadon ~ iL ~om ~ga~ng in ~ciM ~sment ~ ~y o~ ~ploym~t p~ce ~ch ~sc~m~[es on ~ ~is of~.
B. ~ Defen~t ~ Smc~ Golf Club, Ira. ~ ~fim~ ~ c~ oat policies, p~s, ~d p~ which pro~dc ~ employer op~ties for B~k~ ~d w~ e~i~e ~e effec~ of i~ p~ ~ p~ ~n~l em~oyment ~fic~.
C. Or~ ~fe~t ~e S~ ~olf Club, Inc. m ~ whole S~I H~ger, b~ p~vi~ng appmp~ b~ ~y wi~ pmj~ea~ in[e~, if ~y, m ~om~s to ~ at trial, ~d o~r ~tive ~l~f neee~ m er~c~ ~e eff~ of im ~aw~l employ~m ~iees, ~l~g b~ not limi~ m ~le~nt ~@or
D. O~r ~~t ~ S~ Go~ Ctub, Inc. m ~ w~le S~ael by provid~g common for ~ md ~t~ pec~ lo~s re~n~ ~om the ~ploym~t p~fices ~fibed in ~~ 8 ~d 9 above, incl~ng but ~ l~d to, om of
E. ~der Def~ ~e Sme~ Golf Club, ~. m ~e whole S~I Hd~nger, by ~ovi~ com~a~oa for ~ ~.fu~e non-p~ lo~s re~ting ~m ~e pr~ce~ ~6b~ ~ ~phs 8 md 9 above, incl~g but not limited m, emoao~ snffefing, inconvemene¢, h~liafioa, md lo~s of enjoyment of ~e, in ~s w b~ remained
F. O~er D~fen~t ~ S~ Golf Club, I~.. m pay S~l Hd~er ~es for im ~ieiom ~or ~e~s comet @~b~ ~ p~p~ 8 or 9 ~bove, in

Jun-l§-O6 )0:35 From-k~A[)O El:~

~055364494

T-605 P,11/11 P-209

w be dv~crmined a~ u’ial.
Omn~ such fu~er relief as ~ Cou~ deems necessm’y and proper in the public
Award the Commission its co~ of Ibis action.
_/I)R. Y ~ D~_MAND
The Commission r~uests a jury trial on all questions of fa~t raised by its cornplainz.
C. GREGORY STEWART
Cmm~ Counse!
OWENDOLYN YOUNG REAMS Associate Gene.ml Counsel
DELNER FRANKLIN-THOMAS ~onal Al~om~y
GILBERT CARRILLO Supervisory TriM Attorney
RACHEL H. SHONFIELD Senior Trial A~mmey Florida Bar No.~ 998626
EQUAL EMPLOYMENT OPPORTUNI~ COMMISSION Miami Disuicr Qflice Two South Bisgayne Boulevard One Biscltync ~’ower, 27" Floor Miami, Florid~ 331 :~ I
(30s)
(30S) S36-4~94 facsimile

 
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U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:00-cv-00265-JES

CLOSED, DNF

Equal Employment v. Sanctuary Golf Club Assigned to: Judge John E. Steele Demand: $0 Case in other court: Cause: 42:2000 Job Discrimination (Race)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 06/15/2000 Date Terminated: 10/16/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Suite 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer H. Zawid Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rachel H. Shonfield Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Fax: 305/536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Sanctuary Golf Club, Inc.

C. Gregory Stewart Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
Delner Franklin-Thomas Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6001 Email: delner.franklinthomas@eeoc.gov ATTORNEY TO BE NOTICED
Gilbert Carrillo Law Office of Gilbert Carrillo P.A 2651 SW 109 Avenue Davie, FL 33328-1003 954/258-4565 Fax: 305/530-6121 Email: g2651carrillo@aol.com ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 ATTORNEY TO BE NOTICED
represented by Donald C. Works, III Jackson Lewis LLP 390 N. Orange Ave., Suite 1285 P.O. Box 3389 Orlando, FL 32802-3389 407/246-8433

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Mediator Philip H. Blackburn

Fax: 407/246-8454 Email: worksd@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephanie A. Yelenosky LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Philip H. Blackburn Philip H. Blackburn, Mediator 3001 Eagle Blvd. P.O. Box 547966 Orlando, FL 32854 407/872-1553 Email: Dolphinbeach1123@cfl.rr.com PRO SE

Date Filed 06/15/2000 06/15/2000 06/16/2000
06/16/2000
06/30/2000 06/30/2000 07/17/2000 07/18/2000
07/24/2000

#

Docket Text

1 COMPLAINT filed; jury demand (drn) (Entered: 06/15/2000)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (drn) (Entered: 06/15/2000)

2 NOTICE of designation under Local Rule 3.05 - TRACK 2/RELATED CASE ORDER. The parties shall file notice of pendency of other actions within 11 days. (ctc) (sll) (Entered: 06/16/2000)

3 INTERESTED PERSONS ORDER FOR CIVIL CASES directing the parties to file a certificate of interested persons and corporate disclosure statement within 11 days. ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 06/16/2000)

4 CERTIFICATE OF COMPLIANCE by Equal Employment Re: [3-1] order (bjt) (Entered: 06/30/2000)

5 NOTICE by Equal Employment of pendency of other actions re: order of compliance to local rule (bjt) (Entered: 07/03/2000)

6 ANSWER and affirmative defenses to [1-1] complaint by Sanctuary Golf Club (sll) (Entered: 07/18/2000)

7 INTERESTED PERSONS ORDER FOR CIVIL CASES directing Sanctuary Golf Club, Inc. to file a certificate of interested persons and corporate disclosure statement within 11 days. ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 07/18/2000)

8 CERTIFICATE OF COMPLIANCE by Sanctuary Golf Club Re: [7-1] order (sll) (Entered: 07/24/2000)

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08/14/2000 09/18/2000 10/12/2000 11/06/2000
02/16/2001 07/11/2001 07/16/2001 07/17/2001 10/10/2001 10/15/2001 10/16/2001

9 NOTICE OF CASE REASSIGNMENT to the Honorable Judge John E. Steele . ctc (sll) (Entered: 08/14/2000)
10 NOTICE of attorney appearance for Equal Employment by Carla J. Von Greiff (bjt) (Entered: 09/18/2000)
11 CASE MANAGEMENT REPORT (c: courtroom deputy) (bjt) (Entered: 10/12/2000)
12 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 11/8/00 ; Discovery cutoff 7/6/01 ; dispositive motion filing deadline for 8/3/01 Pretrial statement due on or before 10/26/01 ; Pretrial conference for 9:00 12/7/01 ; Jury trial set for term commencing 1/7/02 ; Scheduled for Judge John E. Steele ( signed by Judge John E. Steele ) ctc (bjt) (Entered: 11/06/2000)
13 NOTICE of withdrawal of affirmative defense without prejudice by Sanctuary Golf Club (bjt) (Entered: 02/16/2001)
14 JOINT MOTION with memorandum in support by Equal Employment, Sanctuary Golf Club to extend time for mediation deadline (bjt) (Entered: 07/11/2001)
15 ORDER granting [14-1] joint motion to extend time for mediation deadline, reset mediation conference for 9/28/01 ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 07/16/2001)
16 AMENDED NOTICE OF HEARING: resetting pretrial conference for 9:30 12/10/01 scheduled for Judge John E. Steele ( Signed by Deputy Clerk ) ctc (sll) (Entered: 07/18/2001)
17 CONSENT DECREE by Equal Employment, Sanctuary Golf Club (bjt) (Entered: 10/10/2001)
ENDORSED ORDER granting [17-1] decree consent ( Signed by Judge John E. Steele ) ctc (bjt) (Entered: 10/15/2001)
CASE CLOSED. (bjt) (Entered: 10/16/2001)

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 EEOC FILES TWO RACIAL BIAS SUITS AGAINST FLORIDA EMPLOYERS

Page 1 of 2

The U.S. Equal Employment Opportunity Commission

FOR IMMEDIATE RELEASE Thursday, June 15, 2000

CONTACT: Delner Franklin-Thomas (305) 530-6001 Federico Costales (305) 530-6060 Gilbert Carrillo (305) 530-6002
TTY: (305) 536-5721

EEOC FILES TWO RACIAL BIAS SUITS AGAINST FLORIDA EMPLOYERS

*** Allegations Include Hangman's Noose at Work Site, Failure to Hire African Americans and Haitians ***
MIAMI - As part of its increased enforcement efforts to eliminate racial bias and national origin discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) today announced the filing of two lawsuits against Florida companies in the recreational sports and agricultural industries. The first suit charges the Sanctuary Golf Course of Sanibell Island with persistent racial harassment of a male African American employee by subjecting him to repeated verbal abuse and physical threats, including displaying a hangman's noose. The second suit charges Sun-Rich of Florida City, a major Sunbelt agricultural employer, with failure to hire qualified Haitian and African American applicants due to their national origin and race.
Ida L. Castro, Chairwoman of the EEOC, announced the filing of the suits today during a visit to Miami to deliver a speech to the AFL-CIO's National Convention on Civil and Human Rights. "Discrimination and harassment based on race and national origin continue to run rampant at work sites across the country," she said. "The Commission has stepped up its enforcement efforts to combat such blatant forms of bias and bigotry."
Ms. Castro noted that not only does race discrimination continue to account for the highest percentage of all charges filed with the agency, but charges of racial harassment have skyrocketed by nearly 400% since the 1980s. "As the EEOC prepares to observe its 35th anniversary this summer, it is extremely disturbing that the types of egregious racial harassment that America witnessed in the 1960s, including the presence of nooses in the workplace, are resurfacing at the dawn of the 21st century."
EEOC's suit against Sanctuary Golf Course, filed in U.S. District Court for the Middle District of Florida (Orlando Division), charged the company with maintaining a racially hostile work environment and constructively discharging Samuel Hulsinger based on his race, African American. Mr. Hulsinger, who was hired in April 1997 as a groundskeeper, was subjected to frequent and severe verbal racial harassment in the presence of supervisors, including derogatory racial slurs such as "monkey, spook, black boy" and "Sambo." One manager of the landscaping department made repeated references to the Ku Klux Klan, telling Mr. Hulsinger, "You're going to have to deal with this, you're in the South now."
Physical threats to Mr. Hulsinger included one co-worker who flashed a knife while remarking, "We know how to take care of you, Sam...the KKK will take care of you." On another occasion, several coworkers held up a hangman's noose and said to Mr. Hulsinger, "Hey Sam, do you want to go for a ride with us? We know how to take care of you."
Despite Mr. Hulsinger's complaints to senior management, no action was taken to correct the

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EEOC FILES TWO RACIAL BIAS SUITS AGAINST FLORIDA EMPLOYERS

Page 2 of 2

harassment. As a result of the harassment, Mr. Hulsinger suffered from serious medical ailments, including dangerously high blood pressure, stress, chest pains, and an angina attack which required hospitalization. Mr. Hulsinger subsequently resigned from the company due to the discriminatory work conditions and related health problems.
EEOC also filed a class suit today alleging race and national origin discrimination against Sun-Rich Immokalee, Inc., a major agricultural employer based in Florida City. The suit, filed in U.S. District Court for the Middle District of Florida (Ft. Myers division), charged the company with refusing to hire any qualified Haitian or African Americans as agricultural workers, despite numerous openings, during the period of May 1999 through December 1999.
The suit alleges that when African Americans and Haitians tried to apply for jobs, they were continually told that there was no work available, even though applicants of other races and national origins were hired. In one instance, a charging party was told by a manager that the company "was not going to hire Haitians anymore. I don't want to work with Haitians."
Both EEOC suits seek compensatory and punitive damages for the aggrieved individuals, injunctive relief, employer training of their workforces, monitoring by EEOC, and posting of notices at the work site to comply with the anti-discrimination laws.
EEOC General Counsel C. Gregory Stewart said, "No one should have to put up with harassment or adverse treatment on the job because of their race, national origin, or other protected characteristics, and the EEOC will continue to prosecute these kinds of cases as part of its strategic enforcement efforts."
Delner Franklin-Thomas, Regional Attorney for EEOC's Miami District Office, who was responsible for prosecuting the cases, said, "Employers in Florida and other states must understand that discrimination comes at a high cost. The EEOC will aggressively pursue employers and hold them accountable when they violate the anti-discrimination laws."
Federico Costales, District Director of EEOC's Miami office, said, "These cases show that no employer can target workers for discrimination based on their race or national origin. The Commission will continue to root out racial harassment and other forms of discrimination in order to ensure that equal employment opportunities are provided to everyone."
Both suits were filed under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. In addition to enforcing Title VII, the EEOC enforces the Age Discrimination in Employment Act, which protects workers 40 and older; the Equal Pay Act; the Americans with Disabilities Act, which prohibits discrimination against qualified individuals with disabilities in the private sector and state and local governments; prohibitions against discrimination affecting persons with disabilities in the federal government; and sections of the Civil Rights Act of 1991. Further information about the Commission is available on the agency's web site at www.eeoc.gov.
This page was last modified on June 15, 2000.
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