IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FT. PIERCE DIVISION

OPPORTUNITY COMMISSION,

01- 14 o91 ~ ~=~

Plaintiff,

)

.-=~

LINCh, INC., Defendant.

)

COMPLAINT

)

JURY T~ ~E~D.

)

INJUNCTIVE ~LIEF SOUG~

/

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race, and to provide appropriate relief to Edwin Boone who was adversely affected by such practices. As stated with greater particularity in paragraph 7, the United States Equal Employment Opportunity Commission (hereinafter the "Commission" or "EEOC") alleges that Edwin Boone was subjected to disparate treatment by a management official of the Defendant when he was terminated from his position of Service Representative because of his race, Black.

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Florida, Ft. Pierce Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, Lincare Inc., (the "Employer"), has continuously been a Delaware corporation doing business in the State of Florida and the City of Sebring, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS More than thirty days prior to the institution of this lawsuit, Edwin Boone filed a charge with the Commission alleging violations of Title VII by Defendant, Lincare, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least November of 2000, Defendant Lincare has engaged in an unlawful employment practice at its Sebring, Florida facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a). The practice includes the discriminatory discharge of Edwin Boone,
2

because of his race, Black. a. On or about November 21, 2000 defendant hired Edwin Boone, a black male, into the position of Service Representative. b. Subsequent to Mr. Boone’s hire, he was assigned to work under the supervision of Deyanira Montes, a management official, who had publicly used racial slurs, and expressed her unwillingness to work with Black individuals. c. On or about December 4, 2000, supervisor Montes terminated Edwin Boone because of his race, Black. 8. The effect of the practice complained of in paragraph 7 above has been to deprive
Edwin Boone of equal employment opportunities and other~vise adversely affect his status as an employee, because of his race.
The unlawful employment practice complained of in paragraph 7 above was intentional.
10. The unlawful employment practice complained of in paragraph 7 above was done with malice or with reckless indifference to the federally protected rights of Edwin Boone.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
A. Grant a permanent injunction enjoining Defendant Lincare, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial discrimination with respect to termination of employees and any other employment practice which discriminates on the basis of race.
B. Order Defendant Lincare to institute and carry out policies, practices, and programs 3

which provide equal employment opportunities for Black individuals, and which eradicate the effects of its past and present unlawful employment practices.
C. Order Defendant Lincare to make whole Edwin Boone, providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to, reinstatement, rightful-place hiring, and front pay.
D. Order Defendant Lincare to make whole Edwin Boone, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above including, out-of-pocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendant Lincare to make whole Edwin Boone by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant Lincare to pay Edwin Boone punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
4

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
NICHOLAS M. INZEO Acting Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN THOMAS Regional Attorney
MICHAEL J. FARRELL Supervisory Trial Attorney
PAMELA PRIDE-CHAVIES Trial Attorney Florida Bar No. 497010 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower Two Biscayne Blvd. Miami, Florida 33131 Telephone: (305) 530-6458 Facsimile: (305) 536-4494

J(.S.,,4.4

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 papers as require¢l

by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use

of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

LINCARE, INC.

(b) COUN~OF~ES~

m ~

(EXCEPT IN U.S. PLAINTIFF CASES)

LYNCH
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT H i g h ] a ntis
(IN U.S. PLAINTIFF CASES ONLY)

¯ ) /" "

r .~ "

TRACT OF LAND INVOLVED.

P(Ca)mATeTlOaRNPErYidS e’F-IRCMhNaAvM;eE sA~,D+RrE+SSaA+D~Tt~tLoErHnOe~y~UMBER, " / ~ I A=ORNEYS [IF K"OWN)

One Bqscayne lo~er, l~o S, ~cayne Bird,, Suqt~ 270~

Miami, Florida 33131

I

(d) G~BGLE GOUN~HEBE AGT~ON ABOSE: DADE. ~ONBOE, BRO~ARD. PAL~BEACH, ~ART~N. ST, LUCIE. ~ND~AN

II. BASIS OF JURISDICTION IP~CE AN X ,N ONE BOX ONLYI

U.S. Government Plaintiff

[] 3 Federal Question (U S Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PAR’r-I~(PLACE AN "’X ~I~NE,~OX/FOR PLNNTIFF

(For Diversity Cases Only)pTF DEF ¯

~ AND ONEBO~)RD~FE~IDANT)

’:~. 0

"" PIE DEF

Citizen of This State

[] I [] I

Incorpe~ted-~ or Princi~lpla~e [] 4 [] 4

of Business In This State ~:~

S. Government Defendant

[] 4 Diversity
(Indicate Citizenship of Parties in Item III)

Citizen of Another State [] 2 [] 2
Citizen or Subject of a [] 3 [] 3 Foreign Country

Incorporated and Principal PI~ [] 5 [] 5 of Business In Another State

Foreign Nation

Ds 13 6

IV. ORIGIN
)~r Original Proceeding

[] = Removed from State Court

(PLACE AN "X" IN ONE BOX ONLY)

[] ~ Remanded from [] 4 Reinstated or

Appellate Court

Reopened

Transferred from
~ s another district (specify)

[] ~ Multidistrict Litigation

Appeal to District Judge from rm ~ Magistrate Judgment

V. NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLY)

A CONTRACT

A TORTS

FORFEITURE/PENALTY A BANKRUPTCY

[] 120 Marlpe [] 150 Recovery of Overpayrnenf

PERSONAL INJURY [] 310 Auplane [] 315 Airplane Product
[~abHity
[] 320 Assault LiOel & Slancler
[] 330 Feclelai Employers

[] 340 Marine

PERSONAL INJURY

81"~ 610 Agnculture

[] 422 Appeal 28 USC 158

[] 3162 Personai Inju=y -

Bl’~ 6~0 Other Food & Drug

Med MaipraCllCe

B[] 625 Drug Related Seizure [] 423 Withdrawal

[] 365 Personal Injury Product Lmb~lity
[] 368 Asbestos Personal

of Propelly 21 USC 88!

28 USC 157

e[] 6~0 Liquor Laws Bf-I 640 R R & Truck

A PROPERTY RIGHTS

Inju~’ Product LlabHJty 81"~ 650 A~rline Regs

81"q 66~ Occupational

PERSONAL PROPERTY

Safety/Heart h

B~] 690 otne~

[] 820 Copynghts
[] 830 Patent [] 840 TrademarP

A LABOR

B SOCIAL SECURITY,

A REAL PROPERTY
F_2: 40 Torts to Land I- 245 TOt1 Pro0uct Liability [] 290 All Other Real Property

A CIVIL RIGHTS
~442 " 441 qohng Employmenl [] 443 HOUSIRC~,
Accommodations
[] 444 Welfare [] 440 Orner C~vil Rigms

PRISONER PETITIONS ’

~ 720 Lat0c, r iVIgr~? PelahOn5 ~ 730 Labor Mgmt ~epo~m~

[] 861 HIA ,1395ff, [] 862 Blacz Lung ~ 863 DIWC DIW~# ~ 864 s£1D ~l~e XVl ~ 865 ~£~

HAB~ CORPUS:
B~ 540 Mandamus & ~e[ ’~ 5300 ......

~ ~ 740 Railway Labor ACt
’ ~790

FEDERAL T~X SUITS~

or Defen~antt

i

A OTHER STATUTES
400 Stale Reapportionment 410 Antitrusl 430 Banks and Ba~kff~g 450 Commerce/IOC R~/elo 460 ~Ration 470 Racketeer t~luenced and
Co~upt Organiz~ions 810 Sele~ive So.ice 850 Securffie~/C~m moa~t ~s/
Exchange
8~5 Customer C~allenge 12 USC 3410
~I Agricultural Acts 8~ Economic SIabd~zabon Act ~8~ Enwionmenlal Mattets 8~4 Energy AHocat~on Act 8~5 F~eedom of
~ Ap~al of Fee Dete~inalio~
~B~ Co~sIi;UIlOnali~y of

i cti on under Vl. CAUSE OF ACTION (C,TE THE U S CIVIL STATUTE UNDER WNICH YOU ARE FILING A~WP4TE BF~I~ ~TATEMEN.TpF CA~S~E l~b i S. Act,of ~964 and tlVl] Rlgbts ........ "’ ~, .~ ~WO~CITEJU.IS~CTIO~L;~W;ES~NLESSDIVERSI~ l l:4e ~t~ OT :ne

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DaSlS. Dy SUCh

LENGTH OFTRIAL ~mr{ ~r~C

via__days estimate~(~o~i~Y~entire case)

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

[] UNDER F.R C.P 23

DEMAND $

CHECK YES only if demanded in comptaillt:

JURY DEMAND:

X~XYES

[] NO

VIII.RELATED CASE(S) (See instructions):

IF ANY

JUDGE

DOCKET NUMBER

DATE

SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY RECEIPT #

’

AMOUNT

JUDAGPEPLYING IFP_

MAG. JUDGE

 
 Case 2:01-cv-14291-DLG Document 24 Entered on FLSD Docket 07/15/2002 Page 1 of 6

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION Case No.01-14291-CIV-GRAHAM/LYNCH

EQUAL EMPLOYMENT OPPORTUNITY
C0l'1i.VIISSION
Plaintiff,
v. LINCARE, INC.

ifiLED by
JUL 12 2002
CLARENCE MADDOX CLERK U.S. DIST. CT. S.D. OF FLA.· MI'MI

_____D_e_f_e_n_d_a_n_t.______________!

ORDER THIS CAUSE came before the Court upon Defendant Lincare, Inc.'s Motion for Summary Judgment. THE COURT has considered the Motion, the pertinent portions of the record, and is otherwise fully advised in the premises.
I . BACKGROUND On February 5, 2001, Edwin Boone ("Mr. Boone") filed a charge of racial discrimination with the Equal Employment Opportunity Commission ("EEOC") against Defendant Lincare, Inc. ("Lincare"). Mr. Boone alleged that he had been discharged from his job as a service representati ve 1 with Lincare because he is black. On February 13, 2001, the EEOC mailed to Lincare a copy and notice of the charge of discrimination, and requested Lincare to provide a

1Position includes driving a company vehicle and delivering oxygen and other medical equipment to patients.
1

Case 2:01-cv-14291-DLG Document 24 Entered on FLSD Docket 07/15/2002 Page 2 of 6
statement of its position regarding Mr. Boone's allegations. During its investigation of Mr. Boone's charge, the EEOC
requested and obtained from Lincare: Mr. Boone's driving records, dates of employment, work performance, as wP.lJ i'IS the driving records of other employees hired for the same position as Mr. Boone. On June 6, 2001, the EEOC concluded its investigation and conducted a pre-determination interview with Lincare. The EEOC informed Lincare that the evidence indicated that Lincare had discriminated against Mr. Boone. The EEOC advised Lincare that it had ten (10) days to provide the EEOC with any new information that might affect the determination. Lincare did not provide the EEOC with any further information.
On August 16, 2001, the EEOC mailed a letter of determination to Lincare stating that it had reasonable cause to believe Mr. Boone was improperly discharged. In this letter, the EEOC invited Lincare to conciliate. Lincare's acceptance of the invitation to conciliate was to be received by the EEOC on August 27, 2001. On August 24, 2001, Lincare requested reconsideration of the determination, which the EEOC denied on August 28, 2001. On August 30, 2001, the EEOC mailed a notice of failure to conciliate to Lincare, and Lincare again requested reconsideration on August 31, 2001 and September, 19, 2001. The EEOC did not respond to either request.
2

Case 2:01-cv-14291-DLG Document 24 Entered on FLSD Docket 07/15/2002 Page 3 of 6
II. DISCUSSION Pursuant to 42 U.S.C. § 2000e-5(b), after the EEOC investigates a charge of employment discrimination, it must make a determinaLlon as to whether it has reasonable cause to believe the claim is true. The EEOC may determine that it has no cause to believe the claim and dismiss it, thereby leaving the complaining party to private remedies in court. On the other hand, the EEOC may determine that it does indeed have cause to believe the claim is true. If the EEOC reaches this determination, it must undertake an attempt to conciliate the matter before seeking judicial relief. See EEOC v. Sherwood Medical Industries, Inc., 452 F. Supp. 678, 681 (M.D. Fla. 1978). The requirement to attempt conciliation reflects Congress's strong intent that the EEOC seek judicial relief only as a last resort. Therefore, only after investigating the charge, finding reasonable cause that an unlawful act has occurred, attempting to conciliate the dispute, and being unable to obtain voluntary compliance should the EEOC file a suit in court. See Id., at 683. In order to fulfill its statutory duty to attempt conciliation, the EEOC must (1) outline to the employer the reasonable cause for its belief that Title VII has been violated; (2} offer an opportunity for voluntary compliance; and {3) respond in a reasonable and flexible manner to the reasonable attitudes of the employer. See EEOC v. Klingler Electric Corp., 636 F. 2d 104,
3

Case 2:01-cv-14291-DLG Document 24 Entered on FLSD Docket 07/15/2002 Page 4 of 6

107 (5th Cir. 1981) . 2

Lincare contends that the EEOC failed to make a good faith

attempt at conciliation because it did not outline the reasonable

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uc;;. \...'-.!..&.LL.._ ...... .....,. ' - ....... ....., ...... •

Furthermore; Lincare arques thn.t the

EEOC did not offer it an opportunity for voluntary compliance and

acted unreasonably in denying Lincare' s repeated requests for

reconsideration. Lincare maintains that it requested

reconsideration because it believed the EEOC's determination was

based primarily on information from a former employee who Lincare

states has no first hand knowledge of Mr. Boone's job performance.

Also, Lincare re-emphasized that Mr. Boone, who was hired on a 90-

day trial period, was terminated due to his poor driving record and

continual tardiness during his nine (9) days of employment.

Lincare maintains that, under the circumstances, the EEOC failed to

comply with its statutory duty by remaining inflexible and

unresponsive, and summary judgment is therefore appropriate in this

matter.

The EEOC, on the other hand, argues that it fulfilled its

statutory duty by investigating the charge, informing Lincare of

its basis of determination, and inviting Lincare to accept the

invitation to conciliate. Nonetheless, the EEOC argues, Lincare

2 In Bonner v. City of Prichard, 661 F. 2d 1209 (11th Cir. 1981), the Eleventh Circuit adopted as binding precedent all cases decided by the Fifth Circuit before the close of business on September 30, 1981. Klingler was decided on February 5, 1981.
4

Case 2:01-cv-14291-DLG Document 24 Entered on FLSD Docket 07/15/2002 Page 5 of 6

was unwilling to engage in voluntary compliance and only continued

to deny it discriminated against Mr. Boone.

The Court finds that the EEOC acted prematurely in aborting

its efforts at conciliation. The two-week period between the

letter of determination containing the invitation to conciliate and

the issuance of the failure to conciliate was an unreasonably short

period of time. It would have been more appropriate for the EEOC

to extend the time for Lincare to accept the invitation to

conciliate. However, the Court also finds that summary judgment is

far too harsh a sanction in this matter. Indeed, courts routinely

stay these types of cases to permit further efforts at

conciliation. See Klingler, 636 F. 2d at 107 (holding summary

judgment too harsh a sanction and stay appropriate remedy where

conciliation efforts prematurely abortedj; EEOC v. Prudential

Federal Savings & Loan Assoc., 763 F. 2d 1166, 1169 (lOth Cir. 1985)

(concluding that where district court determines further

conciliation efforts are required the proper course is to stay the

proceedings); see also 42 U.S.C. § 2000e-5(f) (1) (B) ("the court

may, in its discretion, stay further proceedings for not more than

sixty days pending

further efforts of the Commission to

obtain voluntary compliance."). Therefore, a stay for sixty (60)

days is ordered, wherein the parties shall make a good faith effort

to negotiate the dispute.

5

Case 2:01-cv-14291-DLG Document 24 Entered on FLSD Docket 07/15/2002 Page 6 of 6

The Court notes that Lincare must attempt to conciliate the matter. Simply denying the allegations and asking for reconsideration will not be sufficient to constitute a conciliation

III. CONCLUSION

Based on the foregoing, it is, ORDERED AND ADJUDGED that Defendant's Motion for Summary

Judgment is DENIED as moot.

ORDERED AND ADJUDGED that this case is stayed for sixty (60)

days pending further efforts to conciliate. At the end of the sixty day conciliation period, the parties shall file a status report with the Court indicating whether they have resolved the issues in the case.
DONE AND ORDERED in Chambers at Miami, Florida, this ~ay

of ,July, 2002.

[}@j/fe

cc: Magistrate Judge Lynch Heui Young Choi, Esq. Irving M. Miller, Esq. Muslima Lewis, Esq.

DONALD L. GRAHAM UNITED STATES DISTRICT JUDGE

6

 
 Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FT. PIERCE DIVISION

CIVIL ACTION NO. 01-14291-CIV-GRAHAM/LYNCH

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

LINCARE, INC.,

)

)

__________ Defendant. _____))

FILED by 6.0 D.C.
NOV -7 2002
CLARENCE MADDOX CLERK U.S. DIST. CT. S.D. OF FLA.- MIAMI

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, Lincare Inc.(hereinafter referred to as "Lincare"). The Commission and Lincare are collectively referred to herein as "the Parties." 2. On September 28, 2001, EEOC initiated this action by filing its Complaint against Lincare. EEOC's Complaint alleged that Lincare violated Title VII ofthe Civil Rights Act of 1964, 42 U.S.C. Section 2000e et seq. ("Title VII") and Title I of the Civil Rights Act of 1991, by subjecting Edwin Boone to disparate treatment by a management official when he was terminated from his position of Service Representative because of his race, Black. Lincare has denied the allegations contained in the EEOC's Complaint. 3. In the interest of resolving this matter to the satisfaction of both Parties and to avoid the cost and uncertainty of litigation, the Parties have agreed that this action should be finally resolved by the entry ofthis Decree. This Decree is final and binding on the Parties, their successors

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 2 of 10

and assigns. 4. The Parties agree that this Decree resolves all claims against Lincare alleged in
EEOC Charge Number 150 Al 1163 and the Complaint filed in this action (the "Claims"). The Parties further agree that this Decree does not resolve any Charges of Discrimination that may be pending with the EEOC other than the Charge referred to in this paragraph.
NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Consent Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:

JURISDICTION

5. This court has jurisdiction ofthe subject matter ofthis action and over the Parties for

the purposes of entering and enforcing this Decree.

6. No party shall contest jurisdiction ofthis federal court to enforce this Decree and

its terms or, subject to the notice and cure provisions set forth in Paragraph 18 below, the right of

the EEOC to seek enforcement of the Decree in the event Defendant breaches any of the terms of

this Decree.

GENERAL INJUNCTIVE PROVISIONS

7. Lincare, its officers, managers, employees, and agents, will not discriminate against

employees and their terms and conditions of employment because of their race in violation of Title

VII ofthe Civil Rights Act of 1964, as amended.

8.

Lincare, its officers, managers, and agents will not discriminate against any

employee in this matter who opposed any ofLincare's practices which the employee believed to be

a violation of Title VII; who filed a charge of discrimination with the EEOC alleging violation(s)

of such statute; or who cooperated with the EEOC in the investigation or prosecution of this case.

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 3 of 10

TRAINING

9.

No later than November 30, 2002, Lincare will distribute a copy of its Equal

Employment Opportunity Policy to all its current employees in the following locations: the Ft.

Myers, Naples, Cape Coral, Sebring and Arcadia Lincare operating centers. (collectively the

"Covered Centers"). Lincare further agrees that all new employees hired at the above referenced

Covered Centers will be provided a copy of the Policy within one week of employment at such

Covered Centers.

10. In order to facilitate compliance with its anti-discrimination policies, Lincare will

conduct one four (4) hour annual training throughout the duration of this Decree for all of its

managers and supervisory personnel at each of the Covered Centers, with specific emphasis on

recognizing racial discrimination and the proper procedure to be followed if they become aware of

racial discrimination in the workplace or ifthey receive a complaint ofsuch discrimination. Lincare

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 and the trainer who will conduct the same, the

identification of the training materials to be used at the training session, and a general description

of the category of employees who will be in attendance at the training. The training will be

conducted by an individual or entity with expertise in conducting training on workplace anti-

discrimination laws. Such trainer will be a Lincare in-house or outside attorney or third party

consultant. Additionally, Lincare agrees that a representative of the EEOC may, at the EEOC's

discretion, attend such training session(s).

11. Lincare agrees that the training described in paragraph 10 shall be conducted within

sixty (60) days of the entry of this Decree, and, should thereafter take place annually by November

30, for the duration of this Decree. Lincare further agrees that the training described in paragraph

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 4 of 10
10, shall be given live or in video format to all new managers and supervisors at the Covered Centers, who did not attend the annual training, within thirty (30) days of being placed in a management or supervisory position at the Covered Centers.
POSTING 12. Lincare will post within seven days from the Court's entry ofthis Decree a laminated 8 Yl" x 11" sized copy of the Notice attached hereto as Exhibit A, at each Covered Center, in a conspicuous location, accessible to all employees of the Covered Centers (i.e. employee bulletin board or lunch room). Such notice shall remain posted for the duration of this Decree.
MONITORING 13. For the duration ofthis Decree and as required by federal law, Lincare will retain all employment records of all individuals employed at a Covered Center who have complained to his or her Center Manager, Area Manager or Lincare's Human Relations Department regarding race discrimination. The documents retained will include the complaint and records relating to the allegations and investigation of the racial discrimination complaint. 14. For the duration of this Decree, Lincare will provide the EEOC every six (6) months with the name, last known address and last known phone number of any person employed at a Covered Center who has complained to his or her Center Manager, Area Manager or Lincare's Human Relations Department that he or she has been subjected to racial discrimination while working at any of the Covered Centers during the preceding six (6) months. Lincare will also state its actions taken in response to each such allegation. The first report shall be submitted not later than November 30, 2002. Lincare will provide upon request by the Commission (a) a copy of the complaint, or if no written complaint was filed, a statement describing the nature of the complaint; (b) a statement describing the actions taken; and (c) outcome regarding such complaint.

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 5 of 10
15. Lincare will certify to the EEOC every six (6) 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 November 30, 2002, and thereafter by May 31, and November 30 annually.
MONETARY RELIEF 16. Lincare shall pay $118,000 in resolution of this litigation.
a. $28,500 shall be representative of lost wages, less amounts required to be withheld for federal, state, and local income taxes. Lincare will also issue an IRS form and W-2 and shall be responsible for the payment ofthe employer's share of any federal, state and local, income taxes, and social security withholdings.
b. $89,500 shall be representative of compensatory damages. Lincare will also issue an I.R.S. form 1099 to the receiving claimants substantiating same.
c. All payments shall issue within fifteen (15) calendar days from the Court's entry ofthis Decree, by certified mail to Edwin Boone at the address set forth in Exhibit B. Copies of the checks evidencing such payments shall be forwarded to the attention ofHeui Young Choi, Trial Attorney, U.S. Equal Employment Opportunity Commission, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
17. lfLincare fails to tender the above-mentioned payments as set forth in paragraph 16, then Lincare 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.

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 6 of 10

ENFORCEMENT OF DECREE

18. The Commission shall have independent authority to seek the judicial enforcement

of any aspect, term or provision of this Decree. However, the EEOC shall not seek such judicial

enforcement unless it has first (i) given Lincare a written notice of its intention to seek judicial

enforcement, which notice shall specify the alleged breach for which judicial enforcement shall be

sought and (ii) provided Lincare at least fifteen (15) days to cure any alleged breach of any term of

this Decree.

19. The Court may take whatever measures necessary to effectuate the terms of this

Decree.

COSTS

20. Each Party shall bear its own costs associated with this litigation.

DURATION OF CONSENT DECREE

21. The duration of this Decree shall be three (3) years from the date of entry of the

Decree.

~

November

SO ORDERED, ADJUDGED AND DECREED, this fday of-Gek>bef, 2002.

DONAR:D L. GRAH UNITED STATES DISTRICT JUDGE

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 7 of 10

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

by: ·~QQ~IO#.~~ De ner Frankhn-Thomas

/.31/0 Date: tO, ' 0?..

Regional Attorney

U.S. Equal Employment Opportunity Commission

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

AGREED TO: FOR THE DEFENDANT LINCARE INC.
Irving Miller, Esq Akerman Senterfi & Edison, P.A. Suntrust Intema onal Center, 28th Floor One Southtrust ntemational Center, 281h Floor One Southeast Third Avenue Miami, Florida 33131 (305) 374-5600 (Tel) (305) 374-5095 (Fax)

Date: #:Z..t&---

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 8 of 10
EXHIBIT A

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 9 of 10
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND
LIN CARE.
This notice is being posted pursuant to a Consent Decree entered by the Court in EEOC vs. Lincare, Civil Action No. 01-14291-CIV-GRAHAM/LYNCH. Lincare's policy prohibits discrimination against employees in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because oftheir race religion, color, national origin, or sex. Title VII also protects individuals from retaliation for having complained of an unlawful employment practice. Lincare will not condone employment discrimination of any kind as set forth in federal anti-discrimination laws, including, but not limited to, racial harassment.
Furthermore, Lincare, supports Title VII and will not take any retaliatory 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, based upon the circumstances involved, shall be taken against any employee (including management personnel) found to have violated Lincare's policies prohibiting discrimination.
This notice shall remain posted for three (3) years from the date Decree entered. Employees or applicants for employment who have questions about their rights under Title VII or any other federal anti-discrimination law may telephone Lincare's Human Relations Department at 1-800-2842006 ext 8400 or the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
Signed this __ day of _ _ _ _ _ _, 2002.
PRESIDENT/CEO, LINCARE
DO NOT REMOVE BEFORE _ _ _ _ _, 2005.

Case 2:01-cv-14291-DLG Document 30 Entered on FLSD Docket 11/08/2002 Page 10 of 10
EXHIBITB
Mr. Edwin Boone 305 East 41h Street Avon Park, Florida 33825

 
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U.S. District Court Southern District of Florida (Ft. Pierce) CIVIL DOCKET FOR CASE #: 2:01-cv-14291-DLG

CLOSED

Equal Employment v. Lincare, Inc. Assigned to: Judge Donald L. Graham Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
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Date Filed: 09/28/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Delner Franklin-Thomas Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6006 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Heui Young Choi Clarke Silverglate Williams & Montgomery 799 Brickell Plaza 9th Floor Miami, FL 33131 305-347-3123 Fax: 377-7001 Email: heuiyoung@oneworldtitle.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer N. Brown Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6008 Fax: 536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell
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V. Defendant Lincare, Inc.
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Jill S. Schwartz & Associates, P.A. 180 North Park Avenue Suite 200 Winter Park, FL 32789 407-647-8911 Fax: 407-628-4994 Email: mfarrell@schwartzlawfirm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pamela Pride-Chavies Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-808-1853 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carol Celeiro Lumpkin Kirkpatrick & Lockhart Preston Gates Ellis LLP 201 S Biscayne Boulevard Suite 2000 Miami, FL 33131-2399 305-539-3300 Fax: 305-358-7095 Email: carol.lumpkin@klgates.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irving M. Miller Akerman Senterfitt Suntrust International Center 1 SE 3rd Avenue 28th Floor Miami, FL 33131-1714 305-374-5600 Fax: 374-5095 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Muslima Lewis Akerman Senterfitt Suntrust International Center
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1 SE 3rd Avenue 28th Floor Miami, FL 33131-1714 305-374-5600 Fax: 374-5095 Email: mlewis@aclufl.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/28/2001 09/28/2001 01/03/2002 01/10/2002 01/24/2002 02/06/2002 02/07/2002 02/11/2002
02/11/2002 02/11/2002
02/25/2002

#

Docket Text

1 COMPLAINT filed; FILING FEE waived; A-12; Magistrate Judge Lynch (cg, Deputy Clerk) (Entered: 09/28/2001)
2 SUMMONS(ES) issued for Lincare, Inc. (cg, Deputy Clerk) (Entered: 09/28/2001)
3 Answer and affirmative defenses by Lincare, Inc. (Attorney Irving M. Miller, Carol Celeiro Lumpkin), (sn, Deputy Clerk) (Entered: 01/03/2002)
4 ORDER SETTING STATUS CONFERENCE Status conference set for 3:35 2/6/02 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 1/10/02) [EOD Date: 1/11/02] CCAP (gp, Deputy Clerk) (Entered: 01/11/2002)
5 JOINT STATUS REPORT by Equal Employment, Lincare, Inc. (cj, Deputy Clerk) (Entered: 01/25/2002)
Status conference held before Judge Donald L. Graham (wc, Deputy Clerk) (Entered: 02/08/2002)
6 Minutes of Status Conference held before Judge Donald L. Graham on 2/6/02; Court Reporter Name or Tape #: Barbara Medina (wc, Deputy Clerk) (Entered: 02/08/2002)
7 ORDER REFERRING DISCOVERY MATTERS, motions for costs and motions for attorneys' fees to Magistrate Judge Frank J. Lynch, Jr. ( Signed by Judge Donald L. Graham on 2/8/02) CCAP [EOD Date: 2/12/02] (wc, Deputy Clerk) (Entered: 02/12/2002)
8 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 2/8/02) [EOD Date: 2/12/02] (wc, Deputy Clerk) (Entered: 02/12/2002)
9 SCHEDULING ORDER setting Deadline for filing of all motions by 8/26/02; Memos of law due on or before 8/26/02; Jury trial set for 11/4/02; Pretrial Stipulation due on or before 9/23/02; Telephonic Calendar call set for 2:00 10/30/02; Discovery 8/19/02 ; Telephonic Pretrial conference for 2:00 10/2/02 ; ( Signed Judge Donald L. Graham on 2/8/02) [EOD Date: 2/12/02] CCAP (wc, Deputy Clerk) (Entered: 02/12/2002)
10 Notice of Filing Mediator Agreement in compliance: by Equal Employment with [8-1] referral/referred order dated 2/8/02 (attached) (wc, Deputy Clerk) (Entered:

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02/25/2002 03/07/2002 03/11/2002 03/25/2002 03/29/2002 04/02/2002
04/29/2002 05/06/2002 05/09/2002 05/28/2002 05/28/2002 06/14/2002 06/27/2002 07/12/2002

02/26/2002)
11 NOTICE of designation of Karen Evans as Mediator by Lincare, Inc. (wc, Deputy Clerk) (Entered: 02/26/2002)
12 Notice of Filing Form Order Scheduling Mediation in compliance: by Equal Employment with [8-1] 2/8/02 referral/referred order (attachment) (wc, Deputy Clerk) (Entered: 03/08/2002)
13 ORDER SCHEDULING MEDIATION before Mediator: Karen Evans for 5/8/02 at 10:00am ( Signed by Judge Donald L. Graham on 3/11/02) [EOD Date: 3/13/02] (wc, Deputy Clerk) (Entered: 03/13/2002)
14 MOTION by Lincare, Inc. to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce (wc, Deputy Clerk) (Entered: 03/26/2002)
15 SUGGESTION OF MOOTNESS by Lincare, Inc. as to [14-1] motion to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce (wc, Deputy Clerk) (Entered: 04/01/2002)
16 ORDER granting [14-1] motion to extend time to respond to First Set of Interrogatories and to produce documents responsive to First Request to Produce ( Signed by Magistrate Frank J. Lynch on 4/2/02) [EOD Date: 4/2/02] (cg, Deputy Clerk) (Entered: 04/02/2002)
17 ORDER RE-SCHEDULING MEDIATION before Mediator: Karen Evans for 7/16/02 at 10:00am ( Signed by Judge Donald L. Graham on 4/26/02) [EOD Date: 4/30/02] (wc, Deputy Clerk) (Entered: 04/30/2002)
18 MOTION by Lincare, Inc. for Muslima Lewis, Esquire to appear pro hac vice , Receipt #221109, Fee paid $ 75.00 (cg, Deputy Clerk) (Entered: 05/07/2002)
19 ORDER granting [18-1] motion for Muslima Lewis, Esquire to appear pro hac vice ( Signed by Judge Donald L. Graham on 5/8/02) [EOD Date: 5/10/02] (wc, Deputy Clerk) (Entered: 05/10/2002)
20 MOTION with memorandum in support by Lincare, Inc. for summary judgment (wc, Deputy Clerk) (Entered: 05/29/2002)
21 Concise Statement of Material Facts as to which there is no genuine issue to be tried by Lincare, Inc. re: [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 05/29/2002)
22 RESPONSE by Equal Employment to [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 06/17/2002)
23 REPLY by Lincare, Inc. to response to [20-1] motion for summary judgment (wc, Deputy Clerk) (Entered: 06/28/2002)
24 ORDER denying as moot [20-1] motion for summary judgment staying case for a period of 60 days pending further efforts to conciliate ( Signed by Judge Donald L. Graham on 7/11/02) [EOD Date: 7/15/02] (wc, Deputy Clerk) (Entered: 07/15/2002)

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07/22/2002 09/13/2002 10/03/2002 10/21/2002
10/21/2002 11/01/2002 11/07/2002

25 FINAL report of Mediator. Disposition: Impasse (wc, Deputy Clerk) (Entered: 07/23/2002)
26 JOINT STATUS REPORT by Equal Employment, Lincare, Inc., Karen Evans (Former Deputy Clerk) (Entered: 09/13/2002)
27 NOTICE OF SETTLEMENT filed by Equal Employment, Lincare, Inc. (cg, Deputy Clerk) (Entered: 10/07/2002)
28 ORDER dismissing case ; denying all pending motions as moot and closing case (Signed by Judge Donald L. Graham on 10/21/02) [EOD Date: 10/22/02] (dg, Deputy Clerk) (Entered: 10/22/2002)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (dg, Deputy Clerk) (Entered: 10/22/2002)
29 NOTICE of filing original consent decree by Lincare, Inc. (dg, Deputy Clerk) (Entered: 11/04/2002)
30 CONSENT DECREE/JUDGMENT for Equal Employment against Lincare, Inc. for amount of $118,00 ( Signed by Judge Donald L. Graham on 11/7/02) [EOD Date: 11/8/02] (dg, Deputy Clerk) (Entered: 11/08/2002)

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