Case 9:07-cv-80713-KAM Document 1 Entered on FLSD Docket 08/09/2007 Page 1 of 5

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

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ZD:71iUG -9

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I

. ,.,
''-

I

UNITED STATES OF AMERICA,
Plaintiff,
v.
PALM BEACH COUNTY, FLORIDA,
Defendant.

)

)

)

)

0 7 - 8 0 7 1 3 )
) Civil Action No.

) )

CIV-MARRA

)

MAGISTR.A.TE JUDGE

)

JOHNSON

)

COMPLAINT Plaintiff, United States of America, alleges: 1. This action is brought on behalf of the United States to enforce the provisions of Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"). 2. This Court has jurisdiction over the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. § 1345. 3. Defendant Palm Beach County is a corporate, governmental body and a political subdivision of the State of Florida, established pursuant to the laws of the State of Florida. 4. The defendant is a person within the meaning of 42 U.S.C. § 2000e(a), and an employer within the meaning of 42 U.S.C. § 2000e(b). 5. The defendant has discriminated against William J. Stewart, II, who was employed as a park ranger in the defendant's Parks and Recreation Department, on the basis of his religion, in violation of§ 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), among other ways, by:

Case 9:07-cv-80713-KAM Document 1 Entered on FLSD Docket 08/09/2007 Page 2 of 5
(a) failing or refusing reasonably to accommodate Mr. Stewart's religious observance, practice and/or belief of attending Church and refraining from work on Sundays;
(b) constructively discharging Mr. Stewart because of his religious observance, practice and/or belief of attending Church and refraining from work on Sundays; and
(c) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment against Mr. Stewart.
6. The Equal Employment Opportunity Commission ("EEOC") received a timely charge filed by Mr. Stewart (Charge No. 150-2005-04068) in which he alleged that he had been discriminated against in employment because of his religion by the Defendant. Pursuant to § 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that the allegations of religious discrimination were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the matter, and subsequently referred the charge to the Department of Justice.
7. All conditions precedent to the filing of suit have been performed or have occurred.
2

Case 9:07-cv-80713-KAM Document 1 Entered on FLSD Docket 08/09/2007 Page 3 of 5
WHEREFORE, plaintiff United States prays that this Court grant the following relief: (a) Enjoin the defendant from failing and refusing to:
(i) Provide sufficient remedial relief to the charging party, William J. Stewart, II, to make him whole for the loss he has suffered as a result of the discrimination against him as alleged in this complaint, including back pay with interest and reinstatement with remedial seniority to his previous position with an appropriate religious accommodation; and
(ii) follow a policy designed reasonably to accommodate the religious observances, practices and/or beliefs of Defendant's employees; and
(iii) take other appropriate nondiscriminatory measures to overcome the effects of the discrimination.
(b) The plaintiff prays for such additional relief as justice may require, together with its costs and disbursements in this action.
3

Case 9:07-cv-80713-KAM Document 1 Entered on FLSD Docket 08/09/2007 Page 4 of 5
WAN J. KIM Assistant Attorney General Civil Rights Division
BY: \J·~~.~
~~BarNo.417834)
Chief WILLIAM B. FENTON (DC BarNo. 414990) Deputy Chief JEFFREY G. MORRISON (MO Bar No. 44401) Trial Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4613 Washington, DC 20530 Telephone: (202) 353-1845 Facsimile: (202) 353-8961
BY:
Florida Bar No.: 644791 99 N. E. 41h Street, 3rct Floor Miami, Florida 33132 Telephone: (305) 961-9327 Facsimile: (305) 530-7139 Attorneys for the United States of America
4

Case 9:07-cv-80713-KAM Document 1 Entered on FLSD Docket 08/09/2007 Page 5 of 5

""JS 44 (Rev. ll/04)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other by l:,cal rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the se o ti·,e civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS UNITED STATES OF AMERICA
(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)
(C) Attorney's (Firm Name, Address, and Telephone Number)

DEFENDANTS PALM BEACH COUNTY FLORIDA

A

MAGISTRATE JUDGE

JOHNSON

County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

JeffErey Morrison (202)353-1845 DOJ- Employment Litigation Section 950 Pennsylvania Avenue, NW Washington, DC 20530

Attorneys (If Known)
Ernest Chasseur, Asst. County Attorney 301 N Olive Ave., Suite 601 West Palm Beach, Fl 33401 (561-355-2581

,

t--J

(d) Check County Where Action Arose: 0 DADE 0 MONROE 0 BROWARD Ill PALM BEACH 0 MARTIN 0 ST. LUCIE 0 INDIAN RIVE]{) t;I()KEEQIDBEE HIGHLANDS

~~

.;_~-:)

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PART~~Sf1(ace an"~ one Box for Plaintiff

~ I

U.S. Government Plaintiff

03 Federal Question (U.S. Government Not a Party)

(For Diversity Cases Only)

PTF

Citizen of This State

0 I

DEF 0 I

· ;:: 'IDld On<(Bijx for ,Defendant)

C ·'

G) PTF DEF

Incorporated OV.~c1pal Placq ~·?oCii 4

of Busmess ln•ThJ• State I.D

~~-

0 2 U.S. Government Defendant

04 Diversity (Indicate Citizenship of Parties in Item Ill)

Citizen of Another State

0 2

0 2 Incorporated ·£¥1d.Ptmc1pal P11!1\"; of Busine~.ln Another State;,;

5 0

Citizen or Subject of a

0 3 0 3 Foreign Natid.;'· · .J;c

0 6 06

JV NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT

TORTS

FORFEITURE/PENALTY

0 II 0 Insurance

PERSONAL INJURY

PERSONAL INJURY 0 610 Agriculture

0 120 Marine

0 310 Airplane

0 362 Personal Injul)' • 0 620 Other Food & Drug

0 130 Miller Act

0 3 I 5 Airplane Product

Med. Malpractice

0 625 Drug Related Seizure

0 140 Negotiable Instrument

Liability

n 150 Recovel)' of Overpayment 0 320 Assault, Libel &

0 365 Personallnjlll)' · Product Liability

of Property 21 USC 881 0 630 Liquor Laws

& Enforcement of Judgment

Slander

0 368 Asbestos Personal 0 640 R.R. & Truck

0 151 Medicare Act

0 330 Federal Employers'

Jnjul)' Product

0 650 Airline Regs.

0 152 Recovel)' of Defaulted

Liability

Liability

0 660 Occupational

Student Loans

0 340 Marine

PERSONAL PROPERTY

Safety/Health

(Excl. Veterans)

0 345 Marine Product

0 370 Other Fraud

0 690 Other

0 153 Recovel)' of Overpayment

Liability

0 371 Truth in Lending

LABOR

of Veteran's Benefits

0 350 Motor Vehicle

0 380 Other Personal

0 710 Fair Labor Standards

0 160 Stockholders' Suits

0 355 Motor Vehicle

Property Damage

Act

0 190 Other Contract

Product Liability

0 385 Property Damage 0 720 Labor/Mgmt. Relations

0 195 Contract Product Liability 0 360 Other Personal

Product Liability

0 730 Labor/Mgmt.Reporting

0 196 Franchise
I REAL PROPERTY

Injury CIVIL RIGHTS

& Disclosure Act PRISONER PETITIONS 0 740 Railway Labor Act

0 2 I0 Land Condemnation 0 220 Foreclosure

0 441 Voting Cl' 442 Employment

0 510 Motions to Vacate Sentence

0 790 Other Labor Litigation 0 791 Empl. Ret. Inc.

0 230 Rent Lease & Ejectment 0 443 Housing/

Habeas Corpus:

Security Act

LJ 240 Tmts to Land

Accommodations

0 530 General

0 245 Tort Product Liability

0 444 Welfare

0 535 Death Penalty

0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 540 Mandamus & Other

Employment

0 550 Civil Rights

0 446 Amer. w/Disabilities - 0 555 Prison Condition

Other

0 440 Other Civii Rights

BANKRUPTCY
0 422 Appeal28 USC 158 0 423 Withdrawal
28 usc 157
PROPERTY RIGHTS 0 820 Copyrights 0 830 Patent 0 840 Trademark
SOCIAL SECURITY 0 861 H1A (I 395ft) 0 862 Black Lung (923) 0 863 DIWC/DIWW (40S(g)) 0 864 SSJD Title XVI 0 865 RSI (405(g))
FEDERAL TAX SUITS 0 870 Taxes (U.S. Plaintiff
or Defendant) 0 871 IRS-Third Party
26 usc 7609

\..:.
OTHER STATUTES
0 400 State Reapponionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations 0 480 Consumer Credit 0 490 Cable/Sat TV 0 810 Selective Servtce 0 850 Securities/Commodities/
Exchange 0 875 Customer Challenge
12 usc 3410
0 890 Other Statutol)' Actions 0 891 Agricultural Acts 0 892 Economic Stabilization Act 0 893 Environmental Matters 0 894 Energy Allocation Act 0 895 Freedom oflnformation
Act 0 900Appeal of Fee Determination
Under Equal A1:cess to Justice 0 950 Constitutionality of State Statutes

V. ORIGIN
~I Original P r o c e e d in

(Place an "X" in One Box Only)

O 2 Removed from

0 3 Remanded from

State Court

A II ate Court

O 4 Reinstated or

O

5

Transferred from another district

Reo ened

s ecif

0 6 Multidistrict
Liti ation

Appeal to District

0

7

Judge from Magistrate

Jud ment

(Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Title VII of the Civil Rights Act of 1964,42 USC Section 2000e, et seq.

LENGTH OF TRIAL via _ _ days estimated (for both sides to try entire case)

VII. REQUESTED IN COMPLAINT:

0 CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DEMAND$

VIII. RELATED CASE(S) IF ANY

(See instructions):

J.U.D / G E _ . - - - -

CHECK YES only if demanded in complaint:

JURY DEMAND:

0 Yes 0 1\o

DOCKET NUMBER

- - - - - APPLYING IFP

 
 --l~·Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 1 of 19

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

UNITED STATES OF AMERICA,
Plaintiff,
v.
PALM BEACH COUNTY, FLORIDA,
Defendant.

)

)

)

)

0 7 - 8 0 7 1 9 )
) Civil Action No.

) )

CIV· MARlA

)

MAGISTRATE JUDGE

)

. JOHNSON

)

CONSENT DECREE This action was brought by the United States against the County of Palm Beach, Florida ("County'') to enforce the provisions of§ 703(a) of Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a), ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission of a charge filed by William J. Stewart, II, a former part-time Park Ranger in the County's Parks and Recreation Department. In its complaint, the United States alleges the Col;LD.ty has violated Title Vll by: (a) failing or refusing reasonably to accommodate Stewart's religious observance,
practice and/or belief of attending Church and refraining from work on Sundays; (b) constructively discharging Stewart because of his religious observance, practice
and/or belief of attending Church and refraining from work on Sundays;. and (c) failing or refusing to take appropriate action to remedy the effects of the
discriminatory treatment against Stewart.

The County has denied all allegations.

---- -·--·· ------

Case: J9~ :07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 2 of 19
The parties, nevertheless desiring that this action be settled by appropriate consent decree and without the burden of protracted litigation, agree to the jurisdiction of this Court over the parties, and the subject matter ofthis action.· Subject to the Court's approval of this Consent Decree, the parties waive a hearing and findings of fact and conclusions of law on all issues, and further agree to the entry of this Decree as final and binding between themselves as to the issues raised in the United States' complaint filed in this case and the matters resolved in this Decree.
This Decree, being entered with the consent of the parties, shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by the County or a finding of any wrongdoing or violation of any applicable federai or state law or regulation.
As used in this Decree,' the term "date of entry of this Decree" is defined as the date on which the Court grants final approval to and enters this Consent Decree as a final order of the Court.
It is therefore, ORDERED, ADJUDGED AND DECREED as follows: A. GENERAL INJUNCTIVE RELIEF
(i) The County, by and through its officials, agents, employees and all persons in active concert or participation with the County in the performance of employment or personnel functions, shall not engage in any act or practice that has the purpose or effect of unlawfully discriminating against any employee or potential employee in the County's Parks and Recreation Department because of that individual's good faith religious observances, practices and/or beliefs.
2
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Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 3 of 19
(ii) The County, by and through its officials, agents, employees and all persons in active concert or participation with the County, shall not unlawfully retaliate against or adversely affect Stewart or any other person because that person has opposed allegedly discriminatory policies or practices, has filed a charge with the Equal Employment Opportunity Commission, or because of that person's participation in or cooperation with the initiation, investigation, litigation or administration of this case or this Decree.
(iii) The County shall use non-discriminatory employment policies designed reasonably to accommodate the good faith religious observances, practices and/or beliefs of employees in the County's Parks and Recreation Department, as per countywide policy CW-P-027, Reasonable Accommodation of Religious Practices.
(iv) The County shall provide additional training with respect to Title VII's prohibitions against employment discrimination based on religion and retaliation to its Parks and Recreation Department supervisory personnel who are involved in the hiring and selection procedure, evaluation ofjob performance, discipline and scheduling of Parks and Recreation Department employees. A description of the training shall be submitted to counsel for the United States within three months from the date of entry of .this Decree.
(v) Within thirty days after the date of entry of this Decree, the County shall post notices of the settlement of this lawsuit in the form attached hereto as
3
·-····-··--·---------

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 4 of 19

Appendix A. Such notices shall be posted in a prominent and conspicuous

location or locations used for posting notices at the County's Parks and

Recreation Department. Such notices shall remain posted for a period of

90 days from the date of Entry of this Decree.

B. SPECIFIC REMEDIAL RELIEF
The United States aileges that the County failed or refused reasonably to accommodate Stewart's religious observance, practice and/or belief of attending Church and refraining from work on Sundays, and constructively discharged Stewart because ofhis religious observance, practice and/or belief. The County denies all allegations. However, without admitting the · allegations of the United States, and in settlement ofthe claim of the United States for relief on behalf of Stewart, as well as in settlement of the claim of Stewart if he accepts the reliefprovided

him by this Decree, the County agrees to the following:
1. The County shall offer Stewart reinstatement in the part-time position (20 hours per week) of Park Ranger in the County's Parks and Recreation Department with a remedial · seniority date in that position for all purposes ofMay 17,2003 (the date he was hired as a parttime Park Ranger by the County). If Stewart elects to accept the County's offer of employment, he shall be allowed to begin work for the County as a part-time Park Ranger in the Parks and Recreation Department no later than sixty (60) days after the County's receipt of the fully

executed release and election form, as set forth in Appendix C.

2.

·.>
The

County

shall

offer

to

pay

Stewart

a

monetary

award

in

the

amount

of

$31,540,

which includes $29,629 in back pay and $1,911 in accumulated interest on the back pay. The

portion ofthis amount attributable to back pay shall be subject to income tax withholding and

4

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 5 of 19
FICA. The County shall separately pay the appropriate employer's contribution to the Social Security fund due on the back pay portion of the monetary award; i.e., the employer's ·contribution shall not be deducted from the monetary award to Stewart.
3. The County shall offer to accommodate Stewart's request for a work schedule allowing him to refrain from work on Sundays.
4. The County shall offer to expunge from Stewart's personnel files and any other County files any negative references pertaining to Stewart's request for a religi.ous accommodation and his subsequent cessation of employment with the County. In order to accomplish this objective, the County shall submit to the United States, within thirty (30) days from its receipt of the executed Release from Stewart pursuant to Paragraph B.8. of this Consent Decree, a copy of the personnel file of Stewart and copies of any and all other relevant files and documents pertaining to Stewart. Upon identification by the United States of the appropriate documents, the County shall expunge such documents from its records and files. For the purposes of this specific provision of the Consent Decree, and with respect only to this specific provision of the Consent Decree, the Court hereby orders that Art. I, s.24, of the Florida Constitution, Chapter 119 and 257, Florida Statutes, and any other state or local law, statute or ordinance that prohibits, or may be construed to prohibit, the removal and destruction of such records pertaining to Stewart from the County's files, shall be suspended in their application. The Court further orders that this suspension shall remain in effect only so long as is necessary to effectuate this specific provision of the Consent Decree.
5

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 6 of 19
5. The County shall issue to Stewart, ifhe accepts the monetary relief offered to him pursuant to this Decree, appropriate IRS forms that reflect the monetary relief.
6. The County shall notify Stewart of the terms of this Consent Decree within seven (7) days of its date of entry by mailing to him in care ofhis counsel, by certified mail, return · receipt requested, a copy of the letter in the form set forth in Appendix B and enclosing a copy of this Decree and a copy ofthe Release and Election form in the form set forth in Appendix C. The letter identified as Appendix B will inform Stewart that in order to accept the relief offered to him, he must return the Appendix C Release and Election form to the County within forty-five (45) days ofhis receipt ofthe Appendix B letter.
7. In order to accept the specific relief to be offered by the County under this Decree, Stewart must execute a Release and Election form in the manner attached as -Appendix C.
8. The County shall pay to Stewart the monetary award specified in Paragraph B.2. of this Decree, after appropriate deductions are made, within fifteen (15) days of its receipt of the executed Appendix C Release. The payment shall be made payable to Stewart and sent to Stewart in care of his counsel:
Arthur T. Schofield, Esq. 300 Clematis Street, Suite 207 West Palm Beach, Florida 33401 9. If Stewart elects to accept the County's offer of employment, that is, reinstatement to the position ofpart-time Park Ranger in the County's Parks and Recreation Department with remedial seniority, the County shall contribute its full share to any pension plan Stewart would have been in ifhe had been employed as a part-time Park Ranger by the County for the period of
6

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 7 of 19

time between August 27, 2005 and such time as Stewart begins working again in a part-time Park Ranger position in the Parks and Recreation Department. Stewart's monetary award shall not be reduced by the County's pension plan payments; however, any contribution Stewart would have made to a deferred compensation or pension plan during this period shall be paid into the plan from the back pay portion ofhis monetary award defined in B.2. above, if Stewart elects to

accept the County's job offer. 10. Stewart need not accept the job opportunity relief in order to obtain the monetary

award defined in B.2. above.

C. RECORD-KEEPING AND REPORTING 1. The County shall retain duriri.g the life of this Decree records necessary to
document the implementation of this Decree. The County shall furnish records and documents relevant to its compliance with the implementation of this Decree to counsel for the United States

within thirty (30) days of any written request to the County's attorney.

2.

The County shall provide written notice to counsel for the United States of any

disciplinary or other adverse employment action proposed or taken against Stewart during the life

of this Decree promptly after such action is proposed or taken. The United States shall have the

right to inspect and copy all documents related to such action upon reasonable notice to the

County without further order of this Court. 3. The County shall retain all records that come into its possession relating to
complaints or charges of employment discrimination based on religion or retaliation that may be filed against the County or an employee, agent or representative of the County and pertaining to an employee or applicant for employment in the Parks and Recreation Department: (a) through

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Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 8 of 19
the Co.unty's iritemal grievance procedure; (b) with the United States Equal Employment Opportunity Commission; or (c) through or with any other federal, state or local agency authorized to receive such complaints. The County shall provide copies of such complaints or charges to counsel for the United States within twenty (20) days of its receipt of such complaints or charges. In addition, the United States shall have the right to inspect and copy all documents related to such complaints or charges upon reasonable notice to the County without further order ofthis Court.
D. DISPUTE RESOLUTION
The parties shall attempt to resolve informally any dispute that may occur under this Consent Decree. The parties shall engage in good faith efforts to resolve the issue before seeking action by the Court. Ifthe parties are unable expeditiously to resolve the issue, either party may move the Court for resolution, provided that written notice is first provided to the other party.
E. JURISDICTION OF THE COURT
1. During the life of this Decree, the Court shall retainjurisdiction over this Decree for the purposes of enforcing its provisions, resolving any disputes that may arise between the parties under it and entering such orders as may be appropriate.
2. This Decree shall terminate two (2) years from the date of its entry wjthout further order of the Court.
F. COSTS
The parties shall bear their own costs in this action, including attorney's fees.
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Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 9 of 19

G. SCOPE OF DECREE

This Consent Decree sets forth the entire agreement between the United States and the

County, and supercedes all other negotiations, representations or agreements, either written or

oral, between the United States and the County.
·-a DONE AND ORDERED this c5l. 2 day of ftO ~- 11 .s·-;-·

,2007.

UNITED STATES DISTRICT JUDGE

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

-~----·----

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 10 of 19

Agreed and Consented to:

On behalf of Plaintiff The United States of America:

On behalf of Defendant The County of Palm Beach Florida:

WAN J.KIM Assistant Attorney General Civil Rights Division

~ALMER ~C ~~ ~-~ j_-l7BarNo. 417834) Chief WILLIAM B. FENTON (DC BarNo. 414990) Deputy Chief JEFFREY G. MORRISON (MO Bar No. 44401) Trial Attorney U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4613 Washington, DC 20530 Telephone: (202) 353-1845 Facsimile: (202) 353-8961
R. ALEXANDER ACOSTA United States Attorney 99 N. E. 4th Street, 3rc1 Floor
Miami, Florida 33132
Telephone: (305) 961-9327 Facsimile: (305) 530-7139 Attorneys for the ~nited States of America

R~
. Palm Beach County Administrator 301 N. Olive Avenue West Palm Beach, Florida 33401
Approved as to Form and Legal Sufficiency:
t3/vJC---
ERNEST CHASSEUR (FL Bar No. 0975052) Assistant County Attorney Palm Beach County Attorney's Office 301 N. Olive Avenue, Ste. 601 West Palm Beach, Florida 33401

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Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 11 of 19

APPENDIX A NOTICE OF SETTLE:MENT OF EMPLOYMENT DISCRIMINATION LAWSUIT

On

, 2007, the United States filed a complaint in the United States District

Court for the Southern District of Florida, against the County of Palm Beach, Florida ("County")

under Title Vll of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title

VII"), alleging that the County had discriminated against a former Parks and Recreation

Department employee on the basis ofthat employee's religion by failing or refusing reasonably to

accommodate the employee's religious observance, practice and/or belief, and by constructively

discharging that employee.

The County has denied all allegations of discrimination.

This notice is being posted to announce that the United States and the County have

resolved this lawsuit by entering into a settlement agreement, called a "Consent Decree," which

was approved by the Court on

2007.

Under the terms ofthe Consent Decree, the County has agreed to do the following:

1.

To not engage in any act or practice that has the· purpose or effect of unlawfully

discriminating against any employee or potential employee in the Parks and

Recreation Department because ofthat individual's religion including, but not

limited to, failing or refusing reasonably to accommodate an employee's good

faith religious observance, practice and/or belief.

2.

To not unlawfully retaliate against or in any respect adversely affect any person

because that person has opposed alleged discriminatory policies or practices by

the County or because of that person's participation in or cooperation with the

initiation, investigation, litigation or administration of this action or this Decree.

3.

To use nondiscriminatory employment policies designed reasonably to

accommodate the good faith religious observances, practices and/or beliefs of

employees in the Parks and Recreation Department, as per countywide policy

CW-P-027, Reasonable Accommodations ofReligious Practices.

· 4.

To provide additional training with respect to Title Vll's prohibition against

employment discrimination based on religion and retaliation to Parks and

Recreation Department supervisory employees.

5.

To retain all records that come into its possession relating to complaints or

charges of employment discrimination based on religion or retaliation filed

against the County or an employee, agent or representative of the County and

pertaining to an employee or applicant for employment in the Parks and

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Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 12 of 19
Recreation Department: (a) through the County's internal grievance procedure; (b) with the United States Equal Employment Opportunity Commission; or (c) through or with any other federal, state or local agency authorized to receive such complaints.
If any employee in the County's Parks and Recreation Department believes that he or she has been discriminated against in violation of Title VTI, the employee should contact the U.S. Equal Employment Opportunity Commission ("EEOC") and/or the Florida Commission on Human Relations about filing a charge of discrimination.
The EEOC's address is:
Equal Employment Opportunity Commission One Biscayne Tower 2 South Biscayne Blvd., Suite 2700 Miami, Florida 33131 1-800-669-4000 The Florida Commission on Human Relation's address is:
Florida Commission oil Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149 (850) 488-7082
If any employee believes that any term(s) ofthe Consent Decree has (have) been violated, the employee should contact the following Department of Justice attorney:
Jeffrey G. Morrison U.S~ Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 (202) 353-1845
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Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 13 of 19

[Date]
Mr. William J. Stewart, II In care of Arthur T. Schofield, Esq.
300 Clematis Street, Suite 207 West Palm Beach, Florida 33401

APPENDIXB NOTICE LETTER

Re: United States v. Palm Beach County, Florida

Dear Mr. Stewart:

fcihleadrgbeyoAtfhCdeioUsncnrsiiemtnetdinDSaettiacotreneseyaohguaasfinbilseetedtnhweeintChteotruhenedtUyse.oSttf.liPEnagqlmuaac·lBoEemmacpphlla,oiFnyltmoorefindetamO(p"pClpoooyurmtnuetnyni"tt)ydbiCsacosremidmmoiinnsasttihiooenn.

Under the terms of the Consent Decree entered on United States ofAmerica v. Palm Beach County, Florida, Fla.), you are being offered certain relief as settlement for

_ _ _ _ ___. 2007, in
Civil Action No. your claim of employment

the

case of (S.D.

discrimination against the County based on your EEOC charge.

First, as ~monetary award, you are being offered $31,540, which includes $29,629 in back pay and $1,911 in accumulated interest on the back pay.

tfCsC6tPibDhhohtc0eosaooerihegsurwupfdePakniundlaalenaeltlRtyruvyrlytpwtsktle)amSseeuw.sronhaerr,et.rgfaacipThntkalrenooelahItenirdn.rsntfaiybtedstgywlRoYhslc,ypooiaeeoyaoooultwgcnnlhouCsfraetnyeuireyroiltMoniamepioCaubottceurianiuoontiennoyntttnutnsyibiooacenosi1'elDostrtnp7uabiayennra,ecdeyrsefrcpg2ypieuooctne0al-muaowergaptr0wifittwnteop3mfmohaetrtyofeehe(rrkefomoutdeepenhPuofdlreptwCedatenrwlrohrdoidoiheSkleofouayialtuntdoutRfnmvnhensulteooeaytddelyyalnftomanC'yothtsgbuyetiuaoaeemmseoawvdux.rwsfreeenefepieIeaenttcbotdbhfyrrotupeseueyioytoaietncaeothworfnfeidutiodPtued-rehirnetmreaaneieebfdcrmnlwlephyempceralAqeaieaartostduphesrBPhyuteadteemyga-etsttphcraoCuahtieknaeomeucsenodrdtmhRPtbeuto2,-waeaaepnfpt7tclfrneiehtoi,eekmcyntngecsr2soh'seeiste0CmotairaamipoP0tfnoobminer5aepdounyenr,omflnnmRksoooaadtpioynreeRyfaodlmrdcedtPonaasirdpiyahotneaspeeermanuagalnlnklsnactesclefsiRohenroaloniconorbantpotlpsii,naynaanomaettgyptrrdethwrethimelrei-twaeorbytateinhruisimndkntatyhtaeensto;eu

-------·--

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 14 of 19

during this period shall be paid into the deferred compensation or pension plan from your monetary award, ifyou elect to accept the County's job offer.

Third, the County is offering to expunge from your personnel files and any other County files any negative references pertaining to your request for a religious accommodation and your subsequent cessation of employment with the County.
(
This relief is being offered to you on the following condition: ifyou accept the relief, the County will require you to release it from all employment discrimination claims you may presently have against it on the basis of your religion arising out of this case and EEOC Charge No. 150-2005-04068. If you decline the relief, the County will nevertheless have satisfied its obligation to the United States pursuant to the Consent Decree in the above-captioned case and the United States will not seek additional relief for you.

You do not have to accept the job opportunity relief in order to accept the monetary awards. However, in order to obtain the offered relief, or any part of it, you must complete and return the enclosed Release and Election form. The Release must be signed in the presence of a
notary public and thereafter notarized.

If you accept the offered relief, the County will send you in care of your counsel the appropriate monetary award within fifteen (15) days of its receipt of your Release. The County will also send you appropriate IRS forms with respect to the monetary award.

IF YOU FAIL TO SUBMIT THE RELEASE AND ELECTION FORM, AS DIRECTED IN TIDS LETTER, WITIDN FORTY-FIVE (45) DAYS FROM YOUR RECEIPT OF THIS LETTER IN CARE OF YOUR COUNSEL, YOU WILL FORFEIT YOUR RIGHTS TO ANY MONETARY OR OTHER RELIEF uNDER THE CONSENT
DECREE.

A copy of the Consent Decree is enclosed. If you have any questions concerning this settlement, you may contact Jeffrey Morrison, attorney for the United States Department of Justice, at (202) 353-1845.
Sincerely,

Enclosures

Ernest Chasseur Attorney for Palm Beach County, Florida

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--------------- -----··

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 15 of 19 ~--

APPENDIXC RELEASE

KNOW ALL PERSONS BY THESE PRESENTS:

That the Undersigned, 'WaLIAM J. STEWART IT (hereinafter referred to as "the

RELEASOR"), being of lawful age, for the sole consideration set forth in the terms and

provisions in Section B of the accompanying Consent Decree entered by the Honorable

_ _ _ _ _ _ _ ____,United States District Judge, on

2007, in United States

ofAmerica v. Palm Beach County, Florida, Civil Action

(S.D. Fla.),

does hereby and for his executors, administrators, successors and assigns, release acquit and

forever discharge Palm Beach County (hereinafter referred to as "the COUNTY''), and its former

and current Board of County Commissioners, officers, agents, employees, heirs, executors,

administrators, successors and assigns, none of whom admit any liability to the RELEASOR, but

all ofwhom expressly deny any such liability, from any and all claims, actions, demands,

complaints, grievances, charges, causes of action, or suits of any kind or nature whatsoever,

whether cognizable in law or in equity, filed or brought, or to be filed or brought, in any

administrative agency, court or other forum, alleging employment discrimination based on

religion, or retaliation arising from any allegation of employment discrimination based on

religion, that accrued at any time prior to

, 2007 [Date of entry of Consent

Decree by the Court], and EEOC Charge No. 150-2005-04068.

FURTHERMORE, the RELEASOR understands and agrees that with respect to the claims he is waiving herein, that he is waiving not only his right to recover money or any other ·reliefin any action or claim that he might institute, but also that he is waiving his right to recover · money or any other relief in any action or claim that might be brought on his behalf by any other person or entity, including but not limited to the EEOC or any other federal, state or local govenunent agency or department, to the extent such waivers are permitted by law.
FURTHERMORE, the RELEASOR agrees that each party shall bear that party's own costs and attorney fees.
FURTHERMORE, the RELEASOR understands and agrees that this settlement is the compromise of a disputed claim, and that the payment made shall not be construed as an admission of liability on the part of the COUNTY, and that the COUNTY denies any liability therefor and merely intends to avoid further litigation and buy its peace.
FURTHERMORE, the RELEASOR hereby declares and represents that no promise, inducement or agreement not herein expressed has been made to the RELEASOR, and that this Release contains the entire agreement between the RELEASOR and the COUNTY, and that the terms ofthis agreement are contractual and not merely a recital.

Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 16 of 19

FURTHERMORE, the RELEASOR hereby declares that a copy ofthe Consent Decree
noted above ·has been made available to him, and that the RELEASOR, with the assistance of
counsel of his own choosing, has completely read and fully understands its terms and provisions.

THE RELEASOR hereby declares that the RELEASOR, with the assistance of counsel of

his own choosing, has completely read, fully understands and voluntarily accepts the foregoing

Release for the purpose of making a :full and final compromise settlement of any and all claims,

disputed or otherwise, and for the express purpose of precluding forever any further or additional

claims against the COUNTY, arising out of any allegation of employment discrimination based

on religion, that accrued at any time prior to

2007 [Date of entry of

Consent Decree by the Court] and EEOC Charge No. 150-2005-04068.

IN WITNESS HEREOF, I, WILLIAM J. STEWART II, have hereunto set my hand and

seal this _ _ day of

2007.

IN THE PRESENCE OF:

WITNESS

WILLIAM J. STEWART II

Print Name

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.. Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 17 of 19

STATE OF FLORIDA COUNTY OF PALM BEACH

) ) ss. )

The forgoing Release was aclmowledged before me, an officer duly authorized in the

State and County aforesaid, to take acknowledgments, this

day of_ _ _ _ __,

2007, by

who:

[ ] is personally known to me; OR
[] has p r o d u c e d - - - - - - - - - as identification; and who
[ ] did take an oath; OR [ ] did not take an oath,

and who executed the within Release, and who acknowledged the within Release to be freely and voluntarily executed for the.purposes therein recited.

[seal]

Notary Public in and for Palm Beach County, Florida
My commission expires: _ _ _ _ __
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.. Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 18 of 19
ELECTION FORM
Please complete by checking the appropriate response to each ofthe following: A. Monetary A~ard _ _ I hereby accept the monetary award totaling $31,540 contained in Section B.2. ofthe Consent Decree in United States ofAmerica v. Palm Beach County, Florida, Civil Action No. _ _ _ (S.D. Fla).
B. Job Offer Award _ _ I hereby accept the offer of a part-time Park Ranger position with the County of Palm Beach, Florida, in its Parks and Recreation Department with remedial seniority and the religious accommodation contained in the Consent Decree in United States ofAmerica v. Palm Beach County, Florida, Civil Action No. _ _ _ _ (S.D. Fla).
I decline the job offer award.
Date_ _ _ _ _ _ _ _ _ S i g n a t u r e : - - - - - - - - - -
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Case 9:07-cv-80713-KAM Document 5 Entered on FLSD Docket 08/27/2007 Page 19 of 19
TO RECEIVE EITHER AWARD, YOU MUST ALSO COMPLETE AND RETURN THE ENCLOSED RELEASE. FAILURE TO RETURN BOTH FORMS WITHIN FORTY-FIVE (45) DAYS MAY RESULT IN YOUR FORFEITURE OF THE AWARDS. RETURN THE COMPLETED FORMS IN THE ENCLOSED ENVELOPE ADDRESSED TO:
Ernest Chasseur, Esq. Assistant County Attorney Palm Beach County Attorney's Office 301 N. Olive Avenue Suite 601 West Palm Beach, Florida 33401
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- - - - - - - - - - - - - - - · · · --····--·-··-

 
 U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:07-cv-80713-KAM

UNITED STATES OF AMERICA v. Palm Beach County, Florida Assigned to: Judge Kenneth A. Marra Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/09/2007 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff UNITED STATES OF AMERICA

represented by David J. Palmer U.S. Department of Justice Civil Rights Divison Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4613 Washington, DC 20530 US 202-353-1845 Fax: 202-353-8961 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey G. Morrison U.S. Department of Justice Civil Rights Division Employment Litigation Section 950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4613 Washington, DC 20530 US 202-353-1845 Fax: 202-353-8961 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Veronica Vanessa Harrell-James United States Attorney's Office 99 NE 4 Street Miami, FL 33132 305-961-9327 Fax: 530-7139 Email: Veronica.HarrellJames@usdoj.gov

V. Defendant Palm Beach County, Florida

LEAD ATTORNEY ATTORNEY TO BE NOTICED
William B. Fenton United States Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington, DC 20530 202-514-3168 Fax: 514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/09/2007 08/09/2007
08/09/2007 08/16/2007 08/27/2007 08/28/2007

#

Docket Text

1 COMPLAINT against Palm Beach County, Florida , filed by UNITED STATES OF AMERICA.(vt) (Entered: 08/09/2007)

2 Summons Issued as to Palm Beach County, Florida(Assistant County Attorney), Palm Beach County Administrator, Board of County Commissioner (vt) (Entered: 08/09/2007)

3 Civil ACTION CERTIFICATION by United States Attorney (vt) (Entered: 08/09/2007)

4 Order Requiring Joint Scheduling Report,Signed by Judge Kenneth A. Marra on 8/13/07.(lk) (Entered: 08/16/2007)

5 CONSENT DECREE; Signed by Judge Kenneth A. Marra on 08/27/2007.(bs) (Entered: 08/27/2007)

6 ORDER closing case; re 5 Consent Decree; all pending motions are denied as moot; case is closed;Signed by Judge Kenneth A. Marra on 08/27/2007.(bs) (Entered: 08/28/2007)