IN THE UNITED STATES DISTRICT COUR--T ........

WEST PALM BEACH DIVISION

CIV FERGUSON

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, v.

COMPLAINT

MAGISTRATE JUDGE SNOW
CIVIL ACTION NO.

RENTERS CHOICE. INCORPORATED,

JURY TRIAL DEMAND INJUNCTIVE RELIEF SOUGHT

Defendant.

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race, national origin, and re~/aliation, and to provide appropriate relief to Linden Lee, Syed Rizvi, Brian Wolin, and any other similarly situated individuals who were adversely affected by such practices. As stated with greater particularity in paragraph seven, the Equal Employment Opportunity Commission (hereinafter the "EEOC" or "Commission") alleges that Mr. Lee, Mr. Rizvi, and any other similarly situated individuals were harassed because of their race and national origin. The Commission further alleges that Defendant retaliated against Mr. Lee and Mr. Rizvi for complaining about Defendant’s discriminatory treatment by further subjecting them to a hostile environment, and adverse terms and conditions of employment, including demotions and constructive discharges. Also, the Conmaission alleges that Defendant retaliated against Mr. Wolin for opposing the

discriminatory treatment of Mr. Lee and Mr. Rizvi by subjecting him to adverse terms and conditions of employment, including demotion and constructive discharge.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 45 I, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civtl Rights Act of I964, as amended, 42 U.S.C. § 2000e-5(f)(l) 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, West Palm Beach Division.
PARTIES 3. Plaintiff, the United States 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, Renter’s Choice, Inc., (the "Employer"), has continuously been doing business in the State of Florida and the City of West Palm Beach, 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 6. More than thirty days prior to the institution of this lawsuit, Linden Lee, Syed Rizvi, and Brian Wolin each filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 1996, Defendant Employer has engaged in unlawful employment practices at its Florida facilities, in violation of Section 703(a)(I) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and Section 2000e-3(a). a) Linden Lee, Syed Rizvi, and other similarly situated individuals were regularly
subjected to racial and etlvaic harassment by Regional Manager, Robert Tant, in the forth of unwelcorne verbal comments which were sufficiently severe and pervasive to colastitute an intimidating, hostile and offensive work environment. Defendant Employer failed to take prompt corrective action when it knew or should have known of the race and national origin harassment. Defe~da~t Employer is liable for the behavior Linden Lee, and Syed Rizvi were subjected to during their employment. b) Defendant Employer retaliated against Linden Lee and Syed Rizvi for complaining to management about the discriminatory treatment by further subjecting them to a hostile environment, and adverse terms and conditions of employment, including demotions and constructive discharges. c) Defendant Employer retaliated against Brian Wolin for opposing the discriminatory treatment of Linden Lee and Syed Rizvi by subjecting him to adverse terms and conditions of employment, including demotion and constructive discharge.

8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive Linden Lee, Syed Rizvi, Brian Wolin and any other similarly situated individuals of equal employment opportunities and otherwise adversely affect their status as employees because of their race, national origin, and/or in retaliation for their opposition to unlawful employment practices.
The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Linden Lee, Syed Rizvi, Brian Wolin and any other similarly situated individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial, national origin, and retaliatory conduct and any other employment practice which discriminates on the basis of race, national origin, and/or due to opposition to an unlawful employment practice. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for all its employees regardless of race or national origin, which eradicate the effects of its past and present unlawful employment practices. C, Order Defendant Employer to make whole ginden Lee, Syed Rizvi, Brian Wolin, and any other similarly situated individuals, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the

effects of its unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration of benefits for Linden Lee, Syed Rizvi, Brian Wolin, and any other similarly situated individuals.
D. Order Defendant Employer to make whole Linden Lee, Syed Rizvi, Brian Wolin, and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, out of pocket losses, medical expenses and job search expenses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Linden Lee, Syed Rizvi, Brian Wolin, and any other similarly situated individuals 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 Employer to pay Linden Lee, Syed Rizvi, Brian Wolin, and any other similarly situated individuals 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.

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
C. GREGORY STEWART General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
MICHAEL J. FARRELL Supervisory Trial .A~omey (Acting)
.~I~ENNETI-~L. GILLIe.PIE
FIoH~ B~ Nm~ 00830~
EQUAI. EMPLOYMENT OPPORTUNITY COMMISSION Two South Biscayne Boulevard One Biscayne Tower, Suite 2700 Miami, Florida 33131 (305) 530-6007 (305) 536-4494 facsimile

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, LINDEN LEE, SYED RIZVI and BRIAN WOLIN,
Plaintiffs,

CASE NO. 00-8888-CIV-FERGUSON Magistrate Judge: Snow

RENTERS CHOICE, INCORPORATED, d/b/a RENT-A-CENTER, INC.,
Defendant.

COMPLAINT AND DEMAND FOR TRIAL BY JURY

NATURE OF THE ACTION Plaintiffs, LINDEN LEE ("Mr. Lee"), SYED RIZVI ("Mr. Rizvi"), and BRIAN WOLIN ("Mr. Wolin"), by their undersigned attorney, sue Defendant RENTERS CHOICE, INCORPORATED, d/b/a RENT-A-CENTER, INC. ("Defendant" or "Rent-A-Center") for compensatory damages for violations of their civil rights occurring during their employment relationship with Renters Choice. All Plaintiffs sue Defendant under Title VII of the Civil Rights Act of 1964 and 1991, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), the Civil Rights Act of 1871, as amended, 42 U.S.C. § 1981 ("Section 1981), the Americans with Disabilities Act of 1991, 42 U.S.C. § 12101 et seq. ("ADA’), and the Florida Civil Rights Act of 1992, § 760.01 et seq., Florida Statutes ("FCRA"). Mr. Lee alleges: that Defendant caused him to work in a hostile work environment because of his race; that Defendant discriminated against him because of his race; that Defendant retaliated against him for complaining about his discriminatory treatment, and; that Defendant’s use of a

psychological test with regard to his continued employment violated the ADA and the FCRA. Mr. Rizvi alleges: that Defendant caused him to work in a hostile work environment because
of his national origin, his ancestry and/or ethnic origin; that Defendant discriminated against him because of his national origin, his ancestry and/or ethnic origin; that Defendant imposed as a condition of his continued employment in title that he submit to a written examination unlawfidly inquiring into his health, medical history and possible disabilities, and; that Defendant retaliated against him for refusing to submit to the aforementioned written examination and for complaining about his discriminatory treatment.
Mr. Wolin alleges: that Defendant caused him to work in a hostile work environment because of his religion; that Defendant discriminated against him because of his religion and his Jewish heritage, ancestry and/or ethnic origin; that Defendant retaliated against him for complaining about his discriminatory treatment and the discriminatory treatment of Mr. Lee and Mr. Rizvi, and; that Defendant’s use of a psychological test with regard to his continued employment violated the ADA and the FCRA.
JURISDICTION AND VENUE 1. This Court’ s jurisdiction is invoked pursuant to 28 U.S.C. §§451, 1331, 1337 and 1343. This action arises under 42 U.S.C. §§ 2000e et seq. and 42 U.S.C. §§ 1981 and 1981a. 2. This Court has supplememal jurisdiction over Plaintiffs Lee’s, Rizvi’s and Wolin’s state law claims pursuant to 28 U.S.C. § 1367. 3. Venue of this action is proper in the Southern District of Florida because all of the alleged unlawful acts complained of herein occurred in Palm Beach County, Florida.
PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission (the "Commission") is the

agency of the United States of America charged with the admires" tration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Sections 760(t)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-5(f)(1) and (3).
5. At all times material hereto, Defendant Rent-A-Center continuously has been doing business in the State of Florida and the City of West Palm Beach, and continuously has had at least 15 employees. At all times material hereto, Defendant Rent-A-Center continuously has been an employer engaged in an industry effecting commerce within the meaning of Title VII and the Florida Civil Rights Act. See 42 U.S.C. §§ 2003 et seq., and Section 760.02(7), Florida Statutes.
6. Since at or about the time Plaintiff-Intervenors Lee, Rizvi and Wolin separated from employment with Defendant, Renters Choice, Inc. acquired Rent-A-Center, Inc. Pursuant to the aforesaid acquisition, Defendant now does business in the State of Florida as Rent-A-Center, Inc.
7. Rent-A-Center, Inc. has assumed all of the liabilities of Defendant Renters Choice, Inc., as a result of the aforementioned acquisition.
8. Defendant is currently doing business in the State of Florida and the City of West Palm Beach as Rent-A-Center, Inc. At all times material hereto, Defendant Renters Choice d/b/a Rent-A-Center was, and still is, an employer engaged in an industry effectin~ cornmerce within the meaning of Title VII and the Florida Civil Rights Act. Id.
9. Plaintiff-Intervenor Linden Lee is a natural person who is a black African-American, and now is residing in Broward County, Florida. At all times material hereto, Mr. Lee was employed by Defendant as the Executive Assistant Manager of the Renters Choice (now "Rent-A-Center") store in West Palm Beach, Florida.
10. Plaintiff-Intervenor Syed Rizvi is a natural person of Pakistani ancestry, ethnic and national origin residing in Palm Beach County, Florida. At all times material hereto, Mr. Rizvi was

employed by Defendant as the Assistant Manager of the Renters Choice (now"Rent-A-Center") store in West Palm Beach, Florida.
11. Plaintiff-Intervenor Brian Wolin is a natural person of Jewish heritage and now is residing in Georg~ At all times material hereto, Mr. Wolin was employed by Defendant as Store Manager of the Renters Choice (now "Rent-A-Center") store in West Palm Beach, Florida.
FACTUAL ALLEGATIONS COMMON TO PLAINTIFFS LEE, RIZVI AND WOLIN 12. Plaintiffs Lee, Rizvi and Wolin began their employmem with Defendant on or about
September 1, 1996, when Renters Choice, Inc. purchased the National TV Rental store in West Palm Beach, Florida, at which each of the Plaintiffs were employed at the time of said acquisition.
13. At all times material hereto, each of the Plaintiffs, Lee, Rizvi and Wolin, was qualified for their position, served competently and performed up to their employer’s legitimate standards.
14. At no time during their employment by Defendant, did any of the Plaintiffs, L~, Rizvi or Wolin, ever receive a written warning or written discipline by Defendant with regard to the performance of their functions.
15. During the entire period of Plaintiffs Lee’s, Rizvi’s and Wolin’s employmem with Defendant, the West Palm Beach store at which each of them worked consistently performed at a level that exceeded the employer’s standards and goals, and exceeded the performance of many of the Defendant’s other stores in Florida.
16. During the emire period of Plaintiffs Lee’s, Rizvi’s and Wolin’s employment with Defendant, each of them received raises and bonuses based upon the performance of their respective duties.
17. At the time of the discriminatory actions and violative conduct complained of herein, each of the Plaintiffs Lee, Rizvi and Wolin had reached the highest, performance-based pay levels

available to them in their respective positiom of employment with Defendant. 18. At all times material hereto, Plaintiffs Lee, Rizvi and Wolin performed their functions
for Defendant under the supervision of Defendant’s Regional Manager, Robert Tant. 19. At all times material hereto, Defendant’ s Regional Manager, Robert Tant, performed
his functions for Defendant under the supervision of its Regional Vice President, Michael Draughn. 20. Plaintiffs Lee, Rizvi and Wolin regularly were subjected to racial harassment, national
origin/ethnic harassment, harassment based upon heritage and religion, respectively, by Defendant’s Regional Manager Robert Tant.
21. Plaintiffs Lee, Rizvi and Wolin regularly were exposed to racial slurs, national origin/ethnic slurs, and anti-Semitic comments by Defendant’s Regional Manager Robert Tant
22. The racial harassment, national origin/ethnic harassment, and harassment based upon heritage and religion to which Plaintiffs Lee, Rizvi and Wolin were subjected and exposed, as aforementioned, was in the form of unwelcome verbal comments sufficiently severe and pervasive as to create an intimidating, hostile and offensive work environment.
23. The racial harassment, national origin/ethnic harassment, and harassment based upon heritage and religion to which Plaintiffs were subjected and exposed, as aforementioned, polluted their work environment and had the purpose and effect of interfering with the Plaintiffs’ performance of their employment duties for Defendant.
24. Each of the Plaintiffs complained to management about the discriminatory conduct and treatment by Defendant’s Regional Manager Robert Tant.
25. Defendant retaliated against each of the Plaintiffs for complaining to management about the discriminatory harassment and conduct by further subjecting them to a hostile work environment, and by adverse terms and conditions of employment, including demotions and

constructive discharges. 26. At all times material hereto, Defendant utilized the Minnesota Multiphasic Personality
Inventory test ("MMPI") to screen certain of its employees for continued employment. 27. The MMPI includes questions inquiring about personal religious beliefs and sexual
orientation, among other things. 28. Certain MMPI questions reveal whether the person answering suffers any disabilities
or otherwise elicit responses upon which an employer may conclude or perceive the person answering suffers disabilities.
29. The MMPI is not a valid, employment-related test for employment of the type Defendant provided for the Plaintiffs. Testing the Plaintiffs with regard to their religious beliefs, sexual orientation and/or possible disabilities was unrelated to the Plaintiffs’ abilities to perform their job functiom for Defendant.
EXHAUSTION OF ADMINISTRATIVE REMEI)IES 30. Linden Lee timely filed Charges of Discrimination with the Equal Employment Opportunity Commission, and with the Florida Commission on Human Relations, respectively. 31. All conditions precedent to institution of this action by Mr. Lee have been fulfilled. 32. Syed Rizvi timely filed Charges of Discrimination with the Equal Employment Opportunity Commission, and with the Florida Commission on Human Relations, respectively. 33. All conditions precedent to institution of this action by Mr. Rizvi have been fulfilled. 34. Brian Wolin timely filed Charges of Discrimination with the Equal Employment Opportunity Commission, and with the Florida Commission on Human Relations, respectively. 35. All conditions precedent to institution of this action by Mr. Wolin have been fulfilled.

COUNT I LINDEN LEE’S CLAIM OF HOSTILE WORK ENVIRONMENT
RACE DISCRIMINATION IN VIOLATION OF TITLE VII 36. Linden Lee repeats and realleges each and every allegation contained in paragraphs 1 through 25, 30 and 31 as if fully set forth herein. 37. Defendant discriminated against Mr. Lee because of his race in violation of Title VII, by creating, tolerating and fostering a racially hostile and abusive work environment. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant regularly referred to Mr. Lee as a "boy," a"fat boy," and a "lazy nigger," among other things; said Regional Manager also taunted Mr. Lee about eating "soul food." 38. In Mr. Lee’s presence during the aforementioned period, Defendant’s Regional Manager Tant frequently referred to Mr. Lee’s Pakistani co-worker, Syed Rizvi, as a "terrorist," a "sand nigger," and a person who might detonate a "bomb." In Mr. Lee’ s presence during said period, Defendant’s Regional Manager Tant referred to Mr. Lee’s Jewish co-worker, Brian Wolin, as a "jewboy," and made other anti-Semitic comments. 39. The aforementioned unwelcome racial harassment, ethnic slurs, and antisemitic comments were sufficiently severe and pervasive to affect the terms and conditiom of Mr. Lee’s employment, and to create an intimidating, hostile, and offensive work environment in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). 40. The effect of the actions complained of as aforementioned has been to deprive Mr. Lee of equal employment opportunities, and otherwise to adversely affect his status as an employee because of his race. 41. The tmlawfifl employment practices complained of were intentional. 42. The unlawful employment actiom against Mr. Lee were done with malice or

reckless indifference to Mr. Lee’s federally protected fights. 43. After Mr. Lee’s constructive discharge, Defendant assigned his employment duties to,
or otherwise rephced him with, a person who is not a black African-American. 44. As a direct and proximate result of Defendant’s unlawful employment practices, Mr.
Lee was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment o flife, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or fi’ont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT II LINDEN LEE’S CLAIM OF HOSTILE WORK ENVIRONMENT RACE DISCRIMINATION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT 45. Linden Lee repeats and realleges each and every allegation contained in paragraphs 1 through 25, 30 and 31, as if fully set forth herein. 46. Defendant discriminated against Mr. Lee because of his race in violation of the FCRA, by creating, tolerating and fostering a racially hostile and abusive work environmem. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant frequently referred to Mr. Lee as a "boy," a "fat boy," and a "lazy trigger," among other things; said Regional Manager also taunted Mr. Lee about eating "soul food." 47. In Mr. Lee’s presence during the aforementioned period, Defendant’s Regional Manager Tant frequently referred to Mr. Lee’s Pakistani co-worker, Syed Rizvi, as a "terrorist," a

"sand nigger,’" and a person who might detonate a "bomb." In Mr. Lee’s presence during said period, Defendant’s Regional Manager Tant referred to Mr. Lee’s Jewish co-worker, Brian Wolin, as a ’°jewboy," and made other anti-Semitic comments.
48. The aforementioned unwelcome racial harassment, ethnic slurs, and antisemitic comments were sufficiently severe and pervasive to affect the terms and conditions of Mr. Lee’s employment, and to create an intimidating, hostile, and offensive work environment in violation of the FCRA, § 760.10, Florida Statutes.
49. The effect of the unlawful employment practices complained of as aforementioned has been to deny Mr. Lee his individual rights and privileges, to deprive him of personal dignity, and otherwise to adversely affect his status as an employee because of his race.
50. The unlawful employment practices complained of were intentional. 51. The unlawful employment actiom against Mr. Lee were done with malice or reckless indifference to Mr. Lee’s freedom from discrimination within the State of Florida. 52. After Mr. Lee’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who is not a black, African-American. 53. As a direct and proximate result of Defendant’s unlawful employment practices, Mr. Lee was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, emba~assment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-ACenter, Inc., awarding him compensatory damages, lost back pay, reinstatement and/or fi’ont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just

and proper. COUNT III
LINDEN LEE’S CLAIM OF RACE DISCRIMINATION IN VIOLATION OF SECTION 1981 OF THE CIVIL RIGHTS ACT OF 1871~ AS AMENDED
54. Linden Lee repeats and realleges each and every allegation contained in paragraphs 1 through 25, as if fully set forth herein.
55. Defendant discriminated against Mr. Lee because of his race in violation of 42 U.S.C. § 1981, as amended ("Section 1981 "), by subjecting him to harassment, demoting him, and otherwise causing him to involuntarily resign because of his race.
56. The Defendant’s actions of exposing Mr. Lee to racial epithets, demoting him and constructively discharging him, were taken intentionally, with malice or reckless indifference to his federally protected rights in violation of 42 U.S.C. § 1981.
57. As a direct and proximate result of Defendant’s violations of§ 1981, Mr. Lee was emotionally harmed, suffered, and will cominue to suffer, a loss of wages and other employment benefits, a loss ofearrfing capacity, damages to his professional re~utation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humih’ation, and other forms of mental anguish and distress.
WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-ACenter, Inc., awarding him compensatory damages, lost back pay, reinstatement and/or fi’ont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT IV LINDEN LEE’S CLAIM OF RETALIATION IN VIOLATION OF TITLE VII 58. Linden Lee repeats and realleges each and every allegation eomained in paragraphs 1 through 25, 30 and 31, as if fully set forth herein.

59. Mr. Lee engaged in protected activity and opposition conduct with regard to the race discrimination he suffered, as aforementioned, by complaining to Defendant’s management personnel, including his Store Manager, about the discriminatory treatment he was receiving fi’om Defendant’s Regional Manager.
60. Mr. Lee suffered adverse employment action by being subject to more hostile treatment, by being demoted two levels summarily and constructively discharged after his aforementioned complaints.
61. ARer Mr. Lee’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a non-African American who had not engaged in protected opposition conduct.
62. A causal connection exists between Mr. Lee’s protected activity and opposition conduct, and his subsequent demotion and constructive discharge from employment by Defendant.
63. The aforementioned adverse employment action by Defendant subsequent to Mr. Lee’s complaints was intentional, because of his protected activity and opposition conduct.
64. The aforementioned adverse employment action by Defendant was done with malice or reckless indifference to the federally protected rights of Mr. Lee.
65. As a direct and proximate result of Rent-A-Center, Inc.’s unlawful employment practices, Mr. Lee suffered a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just

and proper. COUNT V
LINDEN LEE’S CLAIM OF RETALIATION IN VIOLATION OF THE FCRA 66. Linden Lee repeats and realleges each and every allegation contained in paragraphs 1 through 25, 30 and 31, as if fully set forth herein. 67. Mr. Lee opposed unlawful employment practices at Rent-A-Center by complaining to management personnel regarding his discriminatory treatment by Defendant’s Regional Manager. 68. Mr. Lee suffered adverse employment action discrimination by being demoted two levels summarily and constructively discharged after his aforementioned complaints. 69. After Mr. Lee’s constructive discharge, Defendant assigned his employment duties to, or otherwise replace him with, a person who had not engaged in protected opposition conduct. 70. A causal connection exists between Mr. Lee’s opposition to unlawful employment practices and his subsequent demotion and constructive discharge from employment by Defendant. 71. The aforementioned adverse employment action by Defendant subsequent to Mr. Lee’s complaints was intentional because of his opposition to unlawful employment practices. 72. As a direct and proximate result of Defendant’s unlawful employment practices, Mr. Lee was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professioml reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just

and proper. COUNT VI
LINDEN LEE’S CLAIM OF RETALIATION IN VIOLATION OF SECTION 1981 73. Linden Lee repeats and re,alleges each and every allegation contained in paragraphs
1 through 25 as if fully set forth herein. 74. Mr. Lee engaged in protected activity and opposition conduct with regard to the race
discrimination he suffered, as aforementioned, by complaining to Defendant’s management personnel, including his Store Manager, about the discriminatory treatment he was receiving firom Defendant’s Regional Manager.
75. Mr. Lee suffered adverse employment action by being demoted two levels summarily and constructively discharged after his aforementioned complaints.
76. After Mr. Lee’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a non-African American who had not engaged in protected opposition conduct.
77. A causal connection exists between Mr. Lee’s protected activity and opposition conduct, and his subsequent demotion and constructive discharge fi’om employment by Defendant.
78. The aforementioned adverse employment action by Defendant subsequent to Mr. Lee’s complaints was intentional because of his protected activity and opposition conduct.
79. The aforementioned adverse employment action by Defendant subsequent to Mr. Lee’s complaints was done with malice or reckless indifference to the federally protected rights of Mr. Lee.
80. As a direct and proximate result ofRent-A-Cemer, Inc.’s violations of§ 1981, Mr. Lee suffered a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss

of the enjoyment of life, emharrassmem, humiliation, and other forms of mental anguish and distress. WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-A-
Center, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT VII LINDEN LEE’S CLAIM OF DISCRIMINATION IN VIOLATION OF THE AMERICANS WITH DISABILITIES ACT 81. Linden Lee repeats and realleges each and every allegation contained in paragraphs 1 through 31 as if fully set forth herein. 82. In or about October, 1996 Mr. Lee was required by Defendant to submit to a 5-hour written examination as a condition of his continued employment as Executive Assistant Manager. The written examination included more than 500 questions from the Minnesota Multiphasic Personality Inventory test, aforementioned. 83. Among the questions Defendant required Mr. Lee to answer in writing as a condition of his continued employment as Executive Assistant Manager, were the following:
a) "I have diarrhea once a month or more;" b) "I am troubled by attacks of nausea and vomiting;" c) "I have a cough most of the time;" d) "I am almost never bothered by pains over the heart or in my chest;" e) "I have a great deal of stomach trouble;" 0 "I have never vomited blood or coughed up blood;" g) "I have never had a fit or convulsion;" h) "I have never had a fainting spell;"

i) "I seldom or never have dizzy spells;" J) "My hearing is apparently as good as that of most people;" k) "I frequently notice my hand shakes when I try to do something;" 1) "I do not have spells of hay fever or asthma;" m) "I have had attacks in which I could not control my movements
or speech but in which I knew what was going on around me;"
n) "I have never had any breaking out on my skin that has worried me;" o) "I have had blank spells in which my activities were interrupted and
I did not know what was going on around me;"
p) "I was a slow learner in school;" q) "At times I have fits of laughing and crying that I cannot control;" r) "I have never been paralyzed or had any unusual weakness of any
of my muscles;"
s) "I have to urinate no more often than others;" and, t) "I have never noticed any blood in my urine."
84. Defendant’s requiremem that Mr. Lee respond to the aforementioned questions, among others relating to his health, medical history and poss~le disabilities, did not arise from an event or circumstance such as an injury, poor job performance, or the fact that his job was so physically demanding that periodic evaluations of his fitness were necessary.
85. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, were not job-related.
86. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, were not consistent with any business necessity.
87. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical

history and possible disabilities, were unrelated to his ability to perform the essential functions of his job.
88. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, forced him to reveal whether he had any disabilities, in violation of the Americans with Disabilities Act.
89. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, forced Mr. Lee to reveal whether he had any health problems and/or medical conditions upon which Defendant might perceive him to have a disability, in violation of the Americans with Disabilities Act.
90. Defendant demoted Mr. Lee after receiving his responses to the foregoing inquiries, among others relating to his health, medical history and poss~le disabilities.
91. Defendant’s inquiries relating to Mr. Lee’s health, medical history and possible disabilities were intentional, and with malice or reckless indifference to the federally protected rights of Mr. Lee.
92. As a direct and proximate result of Rent-A-Center, Inc.’s unlawful employment practices, Mr. Lee was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.

COUNT VIII LINDEN LEE’S CLAIM OF DISABILITY DISCRIMINATION
IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT 93. Linden Lee repeats and realleges each and every allegation contained in paragraphs 1 through 31 as if fully set forth herein. 94. In or about October, 1996 Mr. Lee was required by Defendant to submit to a 5-hour written examination as a condition of his continued employment as Executive Assistant Manager. The written examination included more than 500 questions from the Minnesota Multiphasic Personality Inventory test, aforementioned.
95. Among the questions Defendant required Mr. Lee to answer in writing as a condition of his continued employment as Executive Assistant Manager, were the following:
a) "I have diarrhea once a month or more;" b) "I am troubled by attacks of nausea and vomiting;" c) "l have a cough most of the time;" d) "I am almost never bothered by pain over the heart or in my chest;" e) "I have a great deal of stomach trouble;"
"I have never vomited blood or coughed up blood;" g) "I have never had a fit or convulsion;" h) "I have never had a fainting spell;" i) "I seldom or never have dizzy spells;" J) "My hearing is apparemly as good as that of most people;"
k) "I frequently notice my hand shakes when I try to do something;" l) "I do not have spells of hay fever or asthma;" m) "I have had attacks in which I could not control my movements

or speech but in which I knew what was going on around me;" n) "I have never had any breaking out on my skin that has worried me;" o) "I have had blank spells in which my activities were interrupted and
I did not know what was going on around me;" p) "I was a slow learner in school;" q) "At times I have fits of laughing and crying that I cannot control;" r) "I have never been paralyzed or had any unusual weakness of any
of my muscles;" s) "I have to urinate no more ot~en than others;" and, t) "I have never noticed any blood in my urine." 96. Defendant’s requirement that Mr. Lee respond to the aforementioned questions, among others relating to his health, medical history and possible disabilities, did not arise from an event or circumstance such as an injury, poor job performance, or the fact that his job was so physically demanding that periodic evaluations of his fitness were necessary. 97. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, were not job-related. 98. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, were not consistent with any business necessity. 99. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, were unrelated to his ability to perform the essential functions of his job. 100. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and poss~le disabilities, forced him to reveal whether he had any disabilities in violation of the Florida Civil Rights Act.

101. Defendant’s foregoing inquiries, among others relating to Mr. Lee’s health, medical history and possible disabilities, forced him to reveal whether he had any health problems and/or medical conditions upon which Defendant might perceive him to have a disability, in violation of the Florida Civil Rights Act.
102. Defendant demoted Mr. Lee after receiving his responses to the foregoing inquiries, among others relating to his health, medical history and possible disabilities.
103. Defendant’s inquiries relating to Mr. Lee’s health, medical history and possible disabilities were intentional, and with malice or reckless indifference to Mr. Lee’s freedom from discrimination based upon disability within the State of Florida.
104. As a direct and proximate result of Rent-A-Center, Inc.’s unlawful employment practices, Mr. Lee was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Linden Lee requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or fi’ont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT IX SYED RIZVI’S CLAIM OF HOSTILE WORK ENVIRONMENT NATIONAL ORIGIN DISCRIMINATION IN VIOLATION OF TITLE VII 105. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1 through 25, 32 and 33 as if fully set forth herein. 106. Defendant discriminated against Mr. Rizvi because of his national origin in violation

of Title VII, by creating, tolerating and fostering a work environment both hostile and abusive based upon national origin. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant regularly referred to Mr. Rizvi as a "terrorist," as a "bomber" and/or as likely to be involved in "bombings" because Mr. Rizvi is dark-complected and foreign-born; said Regional Manager also ridiculed him because he speaks English with a Pakistani accent.
107. Defendant’s Regional Manager Tant disclosed to Mr. Rizvi that there was always a hand gun readily available to Tant, and in Mr. Rizvi’s presence stated that "people like [Mr. Rizvi] belong in 7 Eleven." Mr. Rizvi felt threatened in his employment and his person by said comments, among others directed at him because of his national origin by Defendant’s Regional Manager Tant.
108. In Mr. Rizvi’s presence, Defendant’s Regional Manager Tant referred to Mr. Rizvi’s black co-worker, Linden Lee, as a "lazy nigger" and made anti-Semitic comments about Store Manager Brian Wolirt, who is Jewish.
109. The aforememioned unwelcome harassment based upon national origin, racial slurs, and anti-Semitic comments were sufficiently severe and pervasive to affect the terms and conditions of Mr. Rizvi’a employment, and to create an intimidating, hostile, and offensive work environmem in violation of Section 703 (a) of Title VII, 42 U.S.C. §2000e-2(a).
110. The effect of the actions complained of as aforementioned has been to deprive Mr. RJzvi of equal employment opportunities, and otherwise to adversely affect his status as an employee because of his national origin.
111. The unlawful employment practices complained of were intentional. 112. The unlawful employment actions against Mr. Rizvi were done with malice or reckless indifference to Mr. Rizvi’s federally protected rights. 113. After Mr. Rizvi’s constructive discharge, Defendant assigned his employment duties

to, or otherwise replaced him with, a person who is not of Pakistani national origin. 114. As a direct and proximate result of Defendant’s unlawfifl employment practices, Mr.
Rizvi was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT X SYED RIZVI’S CLAIM OF HOSTILE WORK ENVIRONMENT NATIONAL ORIGIN
DISCRIMINATION IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT 115. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1
through 25, 32 and 33 as if fully set forth herein. 116. Defendant discriminated against Mr. Rizvi because of his national origin in violation
of the Florida Civil Rights Act by creating, tolerating and fostering a work environment both hostile and abusive because of national origin. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant regularly referred to Mr. Rizvi as a "terrorist," as a "bomber" and/or as likely to be involved in "bombings" because Mr. Rizvi is dark-complected and foreign-born; said Regional Manager also ridiculed him because he speaks English with a Pakistani accent.
117. Defendant’s Regional Manager Tant disclosed to Mr. Rizvi that there was always a hand gun readily available to Tant, and in Mr. Rizvi’s presence stated that "people like [Mr. Rizvi] belong in 7 Eleven." Mr. Rizvi felt threatened in his employment and his person by said comments,

among others directed at him because of his national origin by Defendant’s Regional Manager Tant. 118. InMr. Rizvi’spresence, Defendant’s RegionalManager Tant referredto Mr. Rizvi’s
black co-worker, Linden Lee, as a "lazy nigger" and made anti-Semitic comments about Store Manager Brian Wolin, who is Jewish.
119. The aforementioned unwelcome harassment based upon national origin, racial slurs, and anti-Semitic comments were sufficiently severe and pervasive to affect the terms and conditions of Mr. Rizvi’s employment, and to create an intimidating, hostile, and offensive work environment in violation of the FCRA, § 760.10, Florida Statutues.
120. The effect of the unlawful employment practices complained of as aforementioned has been to deny Mr. Rizvi his individual rights and privileges, to deprive him of personal dignity, and otherwise to adversely affect his status as an employee because of his national origin.
I21. The unlawful employment practices complained of were intentional. 122. The unlawful employment actions against Mr. Rizvi were done withmalice or reckless indifference to Mr. Rizvi’s freedom from discrimination within the State of Florida. 123. After Mr. Rizvi’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person not of Pakistani national origin. 124. As a direct and proximate result of Defendant’s unlawful employment practices, Mr. Rizvi was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment o flife, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-ACenter, Inc., awarding him compensatory damages, lost back pay, reinstatement and/or front pay,

punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT Xl SYED RIZVI’S CLAIM OF DISCRIMINATION BASED UPON ANCESTRY AND
ETHNIC ORIGIN IN VIOLATION OF SECTION 1981 125. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1 through 25, as if fully set forth herein. 126. Because of his Pakistani ancestry and ethnic origin, Mr. Rizvi is a member of a racial minority distinct from "white citizens" as the concept of race was understood by Congress at the time of the enactment of the Civil Rights Act of 1871, 42 U.S.C. § 1981. 127. Defendant discriminated against Mr. Rizvi because of his ancestry and ethnic origin in violation of 42 U.S.C. § 1981, as amended ("Section 1981"), by subjecting him to harassment, demoting him, and otherwise causing him to involuntarily resign because of his Pakistani ancestry and ethnic origin. 128. Defendant’s actions of exposing Mr. Rizvi to unnecessary, disdainful and demeaning epithets and slurs, demoting him, and constructively discharging him because of his Pakistani heritage, were taken intentionally, with malice or reckless indifference to his federally protected rights in violation of § 1981. 129. As a direct and proximate result of Defendant’s violations of§ 1981, Mr. Rizvi was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation~ a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay,

punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XII SYED RIZVI’S CLAIM OF DISCRIMINATION IN VIOLATION OF THE AMERICANS WITH DISABILITIES ACT 130. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1 through 29, 32 and 33, as if fully set forth herein. 131. Inorabout March, 1997 Defendant’s Regional Manager Tant advised Mr. Rizvithat if he did not submit to the aforementioned 5-hour written examination containing more than 500 questions from the Minnesota Multiphasic Personality Inventory, he would be demoted. 132. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and possible disabilities, among other inquiries in the MMPI, did not arise from an e,vent or circumstance such as an injury, poor job performance, or the fact that his job was so physically demanding that periodic evaluations of his fitness were necessary. 133. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and possible disabilities, among other things, as a condition of his continued employment as Assistant Manager, was not job-related. 134. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and possible disabilities, among other things, as a condition of his continued employment as Assistant Manager, was not consistent with any business necessity. 135. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and poss~le disabilities, among other things, as a condition of his continued employment as Assistant Manager, was unrelated to his ability to perform the essential functions of his job.

136. Defendant demoted Mr. Rizvi after he refused to submit to the aforementioned 5-hour written examination in which he would have been required to reveal whether he had any disabilities and/or health problems or medical conditions upon which Defendant might perceive him to have a disability.
137. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and possible disabilities, as a condition of his continued employment as Assistant Manager, is aper se violation of the Americans with Disabilities Act.
138. Defendant’s imposition of the aforementioned written examination inquiring into Mr. Rizvi’s health, medical history and possible disabilities, as a condition of his continued employment as Assistant Manager, was intentional, and with malice or reckless indifference to the federally protected rights of Mr. Rizvi.
139. As a direct and proximate result of Rent-A-Center, Inc.’s unlawful employment practices, Mr. Rizvi was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms ofmental anguish and distress.
WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XlII SYED RIZVI’S CLAIM OF DISABILITY DISCRIMINATION
IN VIOLATION OF TI’IE FLORIDA CML RIGHTS ACT 140. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1

through 29, 32 and 33, as if fully set forth herein. 141. In or about March, 1997 Defendant’s Regional Manager Tant advised Mr. Rizvithat
if he did not submit to the aforementioned 5-hour written examination containing more than 500 questions from the Minnesota Multiphasic Personality Inventory, he would be demoted.
142. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and possible disabilities, among other inquiries in the MMPI, did not arise from an event or circumstance such as an injury, poor job performance, or the fact that his job was so physically demanding that periodic evaluatiom of his fitness were necessary.
143. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and possible disabilities, among other things, as a condition of his continued employment as Assistant Manager, was not job-related.
144. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and poss~le dimbilities, among other things, as a condition of his continued employment as Assistant Manager, was not consistent with any business necessity.
145. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health, medical history and possible disabilities, among other things, as a condition of his continued employment as Assistant Manager, was unrelated to his abilti to perform the essential functions of his job.
146. Defendant demoted Mr. Rizvi after he refused to submit to the aforementioned 5-hour written examination in which he would have been required to reveal whether he had any disabilities and/or health problems or medical conditions upon which Defendant might perceive him to have a disability.
147. Defendant’s requirement that Mr. Rizvi respond to questions relating to his health,

medical history and possible disabilities, as a condition of his continued employmem as Assistant Manager, is aper se violation of the Florida Civil Rights Act.
148. Defendant’s imposition of the aforememioned written examination inquiring into Mr. Rizvi’s health, medical history and possible disabilities, as a condition of his continued employment as Assistant Manager, was intentional, and with malice or reckless indifference to Mr. Rizvi’s freedom from discrimination based upon disability within the State of Florida.
149. As a direct and proximate result of Rent-A-Center, Inc.’s unlawful employment practices, Mr. Rizvi was emotionally harmed, suffered, and will eominue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional repmation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XIV SYED RIZVI’S CLAIM OF RETALIATION IN VIOLATION OF TITLE Vll
150. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1 through 25, 32 and 33 as if fully set forth herein.
151. Mr. Rizvi engaged in protected activity and opposition conduct with regard to the discrimination he suffered because of his national origin, as aforementioned, by complaining to Defendant’s management personnel, including his Store Manager, about the discriminatory treatrnent he was receiving fi’om Defendant’s Regional Manager.

152. Mr. Rizvi suffered adverse employment action by being subject to more hostile treatment, by being demoted summarily and constructively discharged after his aforementioned complaints.
153. After Mr. Rizvi’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who had not engaged in protected opposition conduct.
154. A causal connection exists between Mr. Rizvi’s protected activity and opposition conduct, and his subsequent demotion and constructive discharge from employment by Defendant.
155. The aforementioned adverse employment action by Defendant subsequent to Mr. Rizvi’s complaints was intentional because of his protected activity and opposition conduct.
156. The aforementioned adverse employment action by Defendant was done with malice or reckless indifference to the federally protected rights of Mr. Rizvi.
157. As a direct and proximate result of Defendant’s unlawful employment practices, Mr. Rizvi suffered a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or fi’ont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XV SYED RIZVI’S CLAIM OF RETALIATION IN VIOLATION OF THE ADA 158. Syed RJzvi repeats and realleges each and every allegation contained in paragraphs 1 through 29, 32 and 33 as if fully set forth herein.

159. Mr. Rizvi opposed Defendant’s unlawful employment practices by refusing to submit to Defendant’s aforementioned 5-hour written examination in which he would have been required to respond to questions relating to his health, medical history and possible disabilities, in violation of the Americans with Disabilities Act.
160. Defendant took adverse employment action against Mr. Rizvi by demoting him b~caus¢ of his opposition to Defendant’s unlawful inquiries relating to his health, medical history and possible disabilities.
161. Defendant’s adverse action against Mr. Rizvi subsequent his refusal to submit to the aforementioned written examination constituted retaliation in violation of the Americans with Disabilities Act.
162. Defendant’s adverse employment action against Mr. Rizvi in retaliation for his opposition conduct, was intentional, and with malice or reckless indifference to the federally prote~ted rights of Mr. 1Lizvi.
163. As a direct and proximate result of Rent-A-Cemer Inc.’s unlawful employment practices, Mr. Rizvi was emotionally ha~med, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mentalanguish and distress.
WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant R~nt-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and~or f~ont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.

COUNT XVI SYED RIZVI’S CLAIM OF RETALIATION IN VIOLATION OF THE FCRA
164. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1 through 29, 32 and 33, as if fully set forth herein.
165. Mr. Rizvi opposed Defendant’s unlawful employment practices by refusing to submit to Defendant’s aforementioned written examination inquiring into his personal health, medical history and possible disabilities, and by complaining to management personnel regarding his discriminatory treatment by Defendant’s Regional Manager.
166. Mr. Rizvi suffered adverse employment action discrimination by being demoted summarily and constructively discharged after his aforementioned refusal to submit to Defendant’s written examination and his complaints.
167. After Mr. Rizvi’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who had not engaged in protected opposition conduct.
168. A causal connection exists between Mr. Rizvi’s opposition to unlawful employment practices and his subsequent demotion and constructive discharge from employment by Defendant.
169. The aforementioned adverse employment action by Defendant subsequent to Mr. Rizvi’s complaints was intentional because of his opposition to unlawful employment practices.
170. As a direct and proximate result of Defendant’s unlawfid employment practices, Mr. Rizvi was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment o flife, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-A-

Center, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or from pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XVII SYEI) RIZVI’S CLAIM OF RETALIATION IN VIOLATION OF SECTION 1951
171. Syed Rizvi repeats and realleges each and every allegation contained in paragraphs 1 through 25 as if fully set forth herein.
172. Mr. Rizvi engaged in protected activity and opposition conduct with regard to the discrimination he suffered because of his ancestry, ethnic origin and heritage, as aforementioned, by complaining to Defendant’s management personnel including his Store Manager, about the discriminatory treatment he was receiving fi’om Defendant’s Regional Manager Tant.
173. Mr. Rizvi suffered adverse employment action by being subject to more hostile treatment, by being demoted and constructively discharged after his aforementioned complaints.
174. After Mr. Rizvi’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who had not engaged in protected opposition conduct.
175. A causal connection exists between Mr. Rizvi’s protected activity and opposition conduct, and his subsequent demotion and constructive discharge from employment by Defendant.
176. The aforementioned adverse employment action by Defendant subsequent to Mr. Rizvi’s complaints was intentional because of his protected activity and opposition conduct.
177. The aforementioned adverse employment action by Defendant subsequent to Mr. Rizvi’s protected activity and opposition conduct was done with malice or reckless indifference to the federally protected fights of Mr. Rizvi.
178. As a direct and proximate result of Defendant’s violations of § 1981, Mr. Rizvi was

emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employrnem benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Syed Rizvi requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XVIII BRIAN WOLIN’S CLAIM OF’ HOSTILE WORK ENVIRONMENT DISCRIMINATION BASEl) UPON RELIGION IN VIOLATION OF’ TITLE VII 179. Brian Wolin repeats and realleges each and every allegation contained in paragraphs 1 through 25, 34 and 35 as if fully set forth herein. 180. Defendant discriminated against Mr. Wolin because he is Jewish, in violation of Title VII, by creating, tolerating and fostering a work environment both hostile and abusive because of religion. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant regularly referred to Mr. Wolin as a "jewboy," made anti-Semitic comments, and used offensive stereotypes with regard to Jews; said Regional Manager a/so queried, in Mr. Wolin’s presenee: "Who’s worse, the niggers or the Jews.’?" 181. Defendant’s aforementioned Regional Manager Tant warned Mr. Wolinthat stm~ssful Store Managers with Defendant "go to Church on Sunday." 182. Defendant imposed as a condition of Mr. Wolin’s continued employmem as Store Manager, his submission to the aforementioned MMPI, and his written responses to questions therein regarding his personal religious beliefs and activities. Among the statements/propositions to which Defendant required Mr. Wolin’s written responses, were the following:

a) "I go to church almost every week;" b) "I read in the Bible several times a week;" c) "Everything is turning out just like the prophets of the Bible said
it would;"
d) "A minister can cure disease by praying and putting his hand
on your head;"
e) "I believe in a life hereafter;" t) "I believe there is a Devil and a Hell in afterlife;" g) "I believe there is a God;" h) "I pray several times every week;"
"Christ performed miracles such as changing water into wine;"
J) "I feel sure that there is only one true religion;" and, k) "I believe in the second coming of Christ;"
183. After Defendant received Mr. Wolin’s written responses to the MMPI’s foregoing statements/propositions, among others, Defendant demoted Mr. Wolin.
184. The aforememioned unwelcome anti-Semitic colnmems and slurs, and the inquiries regarding Mr. Wolin’s personal religious beliefs and activities, were sufficiently severe and pervasive to affect the terms and conditions of Mr. Wolin’s employment, and to create an intimidating, hostile, and offensive work environmem in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a).
185. The effect of the actions complained of as aforementioned has been to deprive Mr. Wolin of equal employment opportunities, and otherwise to adversely affect his status as an employee because of his religion.

186. The unlawlid employment practices complained of were intentional. 187. The unlawful employment actiom agaimt Mr. Wolin were done with malice or reckless indifference to Mr. Wolin’s federally protected rights. 188. Atter Mr. Wolin’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who is not Jewish. 189. As a direct and proximate result of Defendant’s unlawful employment practices, Mr. Wolin was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XIX BRIAN WOLIN’S CLAIM OF HOSTILE WORK ENVIRONMENT DISCRIMINATION BASED UPON RELIGION IN VIOLATION OF THE FCRA 190. Brian Wolin repeats and realleges each and every allegation contained in paragraphs 1 through 25, 34 and 35 as if fully set forth herein. 191. Defendant discriminated against Mr. Wolin because he is Jewish. in violation of the FCRA, by creating, tolerating and fostering a work environment both hostile and abusive because of religior~ Since in or about Septermber, 1996, Defendant’s Regional Manager Robert Tant regularly referred to Mr. Wolin as a ’:jewboy," made anti-Semitic comments, and used offensive stereotypes with regard to Jews; said Regional Manager also queried, in Mr. Wolin’s presence: "Who’s worst,

the niggers or the Jews.’?" 192. Defendant’s aforementioned RegionalManager Tant warned Mr. Wolin that successful
Store Managers with the Defendant "go to Church on Sunday." 193. Defendant imposed as a condition of Mr. Wolin’s continued employment as Store
Manager, his submission to the aforementioned MMPI, and his written responses to questions therein regarding his personal religious beliefs and activities. Among the statements/propositions to whieh Defendant required Mr. Wolin’s written responses, were the following:
a) "I go to church almost every week;" b) "I read in the Bible several times a week;" c) "Everything is turning out just like the prophets of the Bible said
it would;" d) "A minister can cure disease by praying and putting his hand
on your head;" e) "I believe in a life hereafter;" f) "I believe there is a Devil and a Hell in afterlife;" g) ’"’I believe there is a God;" h) "I pray several times every week;" i) "Christ performed miracles such as changing water into wine;" j) "I feel sure there is only one true religion;" and, k) "I believe in the second coming of Christ." 194. After Defendam received Mr. Wolin’s written responses to the MMPI’s foregoing statement/propositions, among others, Defendant demoted Mr. Wolin. 195. The aforementioned unwelcome anti-Semitic comments and slurs, and the inquiries regarding Mr. Wolin’s personal religious beliefs and activities, were suflficiently severe and pervasive

to affect the terms and conditions of Mr. Wolin’s employment, and to create an intimidating, hostile and offensive work environment in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a).
196. The effect of the actions complained of as aforementioned has been to deprive Mr. Wolin of equal employment opportunities, and otherwise to adversely affect his status as an employee because of his religion.
197. The unlawful employment practices complained of were intentional. 198. The unlawful employment actions against Mr. Wolin were done with malice or reckless indifference to Mr. Wolin’s federally protected fights. 199. After Mr. Wolin’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who is not Jewish. 200. As a direct and proximate result of Defendant’s unlawful employment practices, Mr. Wolin was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XX BRIAN WOLIN’S CLAIM OF DISCRIMINATION IN VIOLATION OF SECTION 1981
201. Brian Wolin repeats and realleges each and every allegation contained in paragraphs 1 through 25 as if fully set forth herein.

202. Because of his Jewish ancestry and heritage, Mr. Wolin is a rncmher of a racial minority distinct fi’om "white citizens" as the concept of race was understood by Congress at the time of the enactment of 42 U.S.C. § 1981.
203. In violationof42 U.S.C. § 1981, as amended, Defendant interfered with Mr. Wolin’s fight to make and enforce contracts by creating a hostile and abusive work environment in which he was harassed, humiliated, degraded, insulted and demoted because of his Jewish heritage..Since in or about Septcmher, 1996, Defendant’s Regional Manager Robert Tant regularly referred to Mr. Wolin as a "jewboy," made anti-Semitic comments, and used offensive stereotypes with regard to Jews; said Regional Manager also queried, in Mr. Wolin’s presence: "Who’s worse, the triggers or the Jews?"
204. Defendant’s aforementioned RegionalManager Tam warned Mr. Wolinthat successful Store Managers with the Defendant "go to church on Sunday."
205. Defendant imposed as a condition of Mr. Wolin’s corrtinueA employment as Store Manager, his submission to the aforementioned MMPI, and his written responses to questions therein regarding his personal religious beliefs and activities. Among the statements/propositions to which Defendant required Mr. Wolin’s written responses, were the following:
a) "’I go to church almost every week;" b) "A minister can cure disease by praying and putting his hand on your
head;" c) "Christ performed miracles such as changing water into wine;" and, d) "I believe in the second coming of Christ." 206. Mr. Wolin’s written responses to Defendant’s foregoing inquiries regarding his personal religious beliefs and activities, among others, were consistent with his Jewish heritage.

207. After Defendant received Mr. Wolin’s written responses to the MMPI’s foregoing statements/propositions regarding his personal religious beliefs and activities, Defendant demoted Mr. Wolin.
208. Mr. Wolin was demoted because of his Jewish heritage. 209. The unlawful employment praetiees complained of were intentional. 210. The unlawful employment actions against Mr. Wolin were done with malice or reckless indifference to Mr. Wolin’s federally protected rights. 211. After Mr. Wolin was demoted and constructively discharged, Defendant assigned his employment duties to, or otherwise replaced him with, a person not of Jewish heritage, 212. As a direct and proximate result of Defendant’s violations of§ 1981, Mr. Wolin was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress. WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XXI BRIAN WOLIN’S CLAIM OF RETALIATION IN VIOLATION OF TITLE VII
213. Brian Wolin repeats and realleges each and every allegation contained in paragraphs 1 through 25, 34 and 35 as if fully set forth herein.
214. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant pressured and harassed Mr. Wolin to discharge from employment "the nigger" and ’’the terrorist,"

as he frequently referred to Mr. Lee and Mr. Rizvi, respectively. 215. Since in or about September, 1996,Defendant’sRegionaiManagerRobertTantmade
offensive comments about Jews and regularly referred to Mr. Wolin as a "jewboy." 216. Mr. Wolin advised Defendant’s Regional Manager Tant that there was no cause to
discharge either Mr. Lee or Mr. Rizvi because their work performance was satisfactory, and had secured for them raises and bonuses commensurate with satisfactory performance for each and every period with regard to which raises and bonuses were calculated and available for them.
217. Mr. Wolin objected to Regional Manager Tant’s offensive comments about Jews. 218. Brian Wolin engaged in protected activity and opposition conduct by telling Defendant’s Regional Manager Tant that Mr. Lee’s and Mr. Rizvi’s work performance did not warrant discharges, and by refusing to discharge said subordinates because of race and national origin, respectively. 219. Brian Wolin engaged in protected activity and opposition conduct by objecting to Regional Manager Tant’s offensive commems about Jews. 220. WhenMr. Wolin would not summarily discharge Mr. Lee andMr. Rizvi, Defendant’s Regional Manager Tant pressured and harassed Mr. Wolin to demote the "lazy nigger" and the "sand nigger," as he frequently referred to Mr. Lee and Mr. Rizvi, respectively. 221. Brian Wolin engaged in protected activity and opposition conduct by complaining to Defendant’s Regional Manager Tant that Mr. Lee’s and Mr. Rizvi’s work performance did not warrant demotions, and by refusing to demote said subordinates because of race and national origin, respectively. 222. Brian Wolin engaged in protected activity and opposition conduct by complaining about Regional Manager Tant’s discriminatory conduct to Defendant’s Regional Vice President,

Michael Draughn. 223. Despite his knowledge and notice of the aforementioned discriminatory harassment
being affected by Regional Manager Tant, Defendant’s Regional Vice President Draughn refused to take any effective action to relieve Mr. Wolin of the discriminatory pressure and harassment he and his subordinates were receiving from Regional Manager Tant.
224. When Mr. Wolin refused to take any adverse employment action against his two subordinates, the Defendant’s Regional Manager called each of the two men into Mr. Wolin’s ottice and, in Mr. Wolin’s presence, summarily demoted Mr. Lee and Mr. Rizvi.
225. After Mr. Lee and Mr. Rizvi were advised oftheir demotions by Defendant’s Regional Manager Tant, as aforementioned, Mr. Wolin was informed of his own demotion by the Defendant.
226. Mr. Wolin suffered adverse employment action by being subject to more hostile treatment, by being demoted summarily and constructively discharged after his aforementioned complaints.
227. After Mr. Wolin’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who had not engaged in protected opposition conduct.
228. A causal connection exists between Mr. Wolin’s protected activity and opposition conduct, and his subsequent demotion and constructive discharge from employment by Defendant.
229. The aforementioned adverse employment action by Defendant subsequent to Mr. Wolin’s complaints was intentional, because of his protected activity and opposition conduct.
230. The aforementioned adverse employment action by Defendant was done with malice or reckless indifference to the federally protected rights of Mr. Wolin.
231. As a direct and proximate result of Defendant’s unlawful employment practices, Mr. Wolin was emotionally harmed, suffered, and will continue to suffer, a loss of wages and other

employrnem benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humih’ation, and other forms of mental anguish and distress.
WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rein-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or fi’ont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XXll BRIAN WOLIN~S CLAIM OF RETALIATION IN VIOLATION OF THE FCRA
232. Brian Wolin repeats and realleges each and every allegation contained in paragraphs 1 through 25, 34 and 35 as if fully set forth herein.
233. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant pressured and harassed Mr. Wolin to discharge from employment "the nigger" and "the terrorist," as he frequently referred to Mr. Lee and Mr. Rizvi, respectively.
234. Since in or about September, 1996,Defendant’sRegionalManagerRobertTantmade offensive comments about Jews and regularly referred to Mr. Wolin as a "jewboy."
235. Mr. Wolin advised Defendant’s Regional Manager Tant that there was no cause to discharge either Mr. Lee or Mr. Rizvi because their work performance was satisfactory, and had secured for them raises and bonuses commensurate with satisfactory performance for each and every period with regard to which raises and bonuses were calculated and available for them.
236. Mr. Wolin objected to Regional Manager Tant’s offensive comments about Jews. 237. Brian Wolin engaged in protected activity and opposition conduct by telling Defendant’s Regional Manager Tant that Mr. Lee’s and Mr. Rizvi’s work performance did not

warrant discharges, and by refusing to discharge said subordinates because of race and national origin, respectively.
238. Brian Wolin engaged in protected activity and opposition conduct by objecting to Regional Manager Tant’s offensive comments about Jews.
239. When Mr. Wolin would not surrmmrfly discharge Mr. Lee and Mr. Rizvi, Defendant’s Regional Manager Taut pressured and harasssed Mr. Wolin to demote the "lazy nigger" and the "sand nigger," as he frequently referred to Mr. Lee and Mr. Rizvi, respectively.
240. Brian Wolin engaged in protected activity and opposition conduct by complaining to Defendant’s Regional Manager Tant that Mr. Lee’s and Mr. Rizvi’s work performance did not warrant demotions, and by refusing to demote said subordinates because of race and national origin, respectively.
241. Brian Wolin engaged in protected activity and opposition conduct by complaining about Regional Manager Tant’s discriminatory conduct to Defendant’s Regional Vice President, Michael Draughn.
242. Despite his knowledge and notice of the aforementioned discriminatory harassment being affected by Regional Manager Tant, Defendant’s Regional Vice President Dmuglm refused to take any effective action to relieve Mr. Wolin of the discriminatory pressure and harassment he and his subordinates were receiving from Regional Manager Tant.
243. When Mr. Wolin refused to take any adverse employment action against his two subordinates, the Defendant’s Regional Manager called each of the two men into Mr. Wolin’s office and, in Mr. Wolin’s presence, summarily demoted Mr. Lee and Mr. Rizvi.
244. After Mr. Lee and Mr. Rizvi were advised of their demotions by Defendant’s regional Manager Tant, as aforementioned, Mr. Wolin was informed of his own demotion by the Defendant.

245. Mr. Wolin suffered adverse employment action by being subject to more hostile treatment, by being demoted summarily and constructively discharge after his aforementioned complaints.
246. After Mr. Wolin’s constructive discharge, Defendant assigned his duties to, or otherwise replaced him with, a person who had not engaged in protected opposition conduct.
247. A causal connection exists between Mr. Wolin’s protected activity and opposition
conduct, and his subsequent demotion and constructive discharge from employment by Defendant.
248. The aforementioned adverse employment action by Defendant subsequent to Mr. Wolin’s complaints was intentional because of his protected activity and opposition conduct.
249. As a direct and proximate result of Defendant’s urdawful employment practices, Mr. Wolin was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or firont pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XXIII BRIAN WOLIN’S CLAIM OF RETALIATION IN VIOLATION OF SECTION 1981
250. Brian Wolin repeats and realleges each and every allegation contained in paragraphs 1 through 25 as if fully set forth herein.
251. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant

pressured and harassed Mr. Wolin to discharge "the nigger" and "the terrorist," as he frequently referred to Mr. Lee and Mr. Rizvi, respectively.
252. Mr. Wolin refused to discharge Mr. Lee because of his race, and Mr. Rizvi because of his ancestry and ethnic origin, as demanded by Defendant’s Regional Manager Tant.
253. Since in or about September, 1996, Defendant’s Regional Manager Robert Tant made offensive comments about Jews and regularly referred to Mr. Wolin as a "jewboy."
254. Mr. Wolin objected to Regional Manager Tant’s offensive comments about Jews. 255. After Mr. Wolin refused to diseriminatorily discharge Mr. Lee and Mr. Rizvi, as aforementioned, Defendant’s Regional Manager Tant harassed him to demote Mr. Lee and Mr. Rizvi. 256. Mr. Wolin refused to demote Mr. Lee and Mr. Rizvi because of race, and ancestry and ethnic origin, respectively. 257. Mr. Wolin complained to Defendant’s Regional Vice President Michael Draughn about Regional Manager Tant’s discriminatory conduct. 258. Brian Wolin engaged in protected activity and opposition conduct by refusing to discharge or demote Mr. Lee and Mr. Rizvi, as aforemenlioned, by objecting to Regional Manager Tant’s offensive comments about Jews, and by complaining about Regional Manager Tant’s discriminatory conduct to Regional Vice President Draughn. 259. After Mr. Wolin’s objections to, and complaints about, the discriminatory treatment he and his subordinates were receiving from Regional Manager Tant, he was demoted and constructively discharged. 260. After Mr. Wolin’s constructive discharge, Defendant assigned his employment duties to, or otherwise replaced him with, a person who had not engaged in protected opposition conduct. 261. A causal connection exists between Mr. Wolin’s protected activity and opposition

conduct, and his subsequent demotion and constructive discharge from employment by Defendant. 262. The aforementioned adverse employment action by Defendant subsequent to Mr.
Wolin’s opposition conduct was intentional, because of his prot~ted activity and opposition conduct. 263. The aforementioned adverse employment action by Defendant was done with malice
or reckless indifference to the federally protected fights of Mr. Wolin. 264. As a direct and proximate result of Defendant’s unlawful retaliation, Mr. Wolin was
emotionally harmed, suffered, and will continue to suffer, a loss of wages and other employment benefits, a loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation,, and other forms of mental anguish and distress.
WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XXIV BRIAN WOLIN’S CLAIM OF DISCRIMINATION IN VIOLATION OF THE AMERICANS WITH DISABILITIES ACT 265. Brian Wolin repeats and realleges each and every allegation contained in paragraphs 1 through 25, 34 and 35 as if fully set forth herein. 266. In or about October, 1996 Mr. Wolin was required by Defendant to take a 5-hour written examination as a condition of his continued employment as Store Manager. The written examination included more than 500 questiom from the Minnesota Multiphasic Personality Inventory test, aforementioned, 267. Among the questions Defendant required Mr. Wolin to answer in writing as a condition of his continued employment as Store Manager were the following:

a) "I have diarrhea once a month or more;" b) "I am troubled by attacks of nausea and vomiting;"

c) I have a cough most of the time;"

d) "I am almost never bothered by pains over the heart or in my chest;"

e) "I have a great deal of stomach trouble;"

0 "I have never vomited blood or coughed up blood;" g) "I have never had a fit or convulsion;"

h) "I have never had a fainting spell;"

~) "I seldom or never have dizzy spells;"

J) "My hearing is apparently as good as that of most people;"
k) "I frequently notice my hand shakes when I try to do something;"

1) "I do not have spells of hay fever or asthma;"

m) "I have had attacks in which I could not control my movements
or speech but in which I knew what was going on around me;"

n) "I have never had any breaking out on my skin that has worded me;"

o) "I have had blank spells in which my activities were interrupted and
I did not know what was going on around me;"

P) "I was a slow learner in school;" q) "At times I have fits of laughing and crying that I cannot control;"

r) "I have never been paralyzed or had any unusual weakness of any
of my muscles;"

s) "I have to urinate no more often than others;" and,

t)

"I have never noticed any blood in my urine."

268. Defendant’s requirement that Mr. Wolin respond to the aforementioned questions,

among others relating to his health, medical history and possible disabilities, did not arise from an
event or circumstance such as an injury, poor job performance, or the fact that his job was so physically demanding that periodic evaluations of his fitness were necessary.
269. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical
history and possible disabilities, were not job-related.
270. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical history and possible disabilities, were not consistent with any business necessity.
271. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical history and possible disabilities, were unrelated to his ability to perform the essential functions of his job.
272. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical history and possible disabilities forced him to reveal whether he had any disabilities in violation of the Americans with Disabilities Act. Said inquiries also forced Mr. Wolin to reveal whether he had any health problems and/or medical conditions upon which Defendant might perceive him to have a disability, in violation of the Americans with Disabilities Act.
273. Defendant demoted Mr. Wolin at~er receiving his responses to the foregoing inquiries, among others relating to his health, medical history and possible disabilities.
274. Defendant’s inquiries relating to Mr. Wolin’s health, medical history and possible disabilities were intentional, and with malice or reckless indifference to the federally prote~ted fights of Mr. Wolin.
275. As a direct and proximate result of Rent-A-Center, Inc.’s unlawful employment practices, Mr. Wolin was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation, a loss

of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost back pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just and proper.
COUNT XXV BRIAN WOLIN’S CLAIM OF DISABILITY DISCRIMINATION
IN VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT 276. Brian Wolin repeats and re, alleges each and every allegation contained in paragraphs 1 through 25, 34 and 35 as if fully set forth herein. 277. Inorabout October, 1996Mr. Wolin was required by Defendant to submittoa5-hour written examination as a condition of his continued employment as Store Manager. The written examination included more than 500 questions from the Minnesota Multiphasic Personality Inventory test, as aforementioned.. 278. Among the questions Defendant required Mr. Wolin to answer in writing as a condition of his continued employment as Store Manager, were the following:
a) "I have diarrhea once a month or more;" b) "I am troubled by attacks of nausea and vomiting;" c) "I have a cough most of the time;" d) "I am almost never bothered by pain over the heart or in my chest;" e) "I have a great deal of stomach trouble;" f) "I have never vomited blood or coughed up blood;" g) "I have never had a fit or convulsion;"

h) "I have never had a fainting spell;" i) "I seldom or never have dizzy spells;"
J) "My hearing is apparently as good as that of most people;"
k) "I frequently notice my hand shakes when I try to do something;" l) "I do not have spells of hay fever or asthma;" m) "I have had attacks in which I could not control my movements
or speech but in which I knew what was going on around me;"
n) "I have never had any breaking out on my skin that has worried me;" o) "I have had blank spells in which my activities were interrupted and
I did not know what was going on around me;"
p) "I was a slow learner in school;" q) "At times I have fits of laughing and crying that I cannot control;" r) "I have never been paralyzed or had any unusual weakness of any
of my muscles;"
s) "I have to urinate no more often that others;" and, t) "I have never noticed any blood in my urine."
279. Defendant’s requiremem that Mr. Wolin respond to the aforementioned questions, among others relating to his health, medical history and poss~le disabilities, did not arise from an event or circumstance such as an injury, poor job performance, or the fact that his job was so physically demanding that periodic evaluations of his fitness were necessary.
280. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical history and possible disabilities, were not job related.
281. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical history and possible disabilities, were not consistent with any business necessity.

282. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical history and possible disabilities, were unrelated to his ability to perform the essential functions of his job.
283. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical history and possible disabilities, forced him to reveal whether he had any disabilities, in violation of the Florida Civil Rights Act.
284. Defendant’s foregoing inquiries, among others relating to Mr. Wolin’s health, medical b.istory and possible disabilities, forced him to reveal whether he had any health problems and/or medical conditions upon which Defendant might perceive him to have a disab’flity, in violation of the Florida Civil Rights Act.
285. Defendant demoted Mr. Wolinafter receiving his responses to the foregoing inquiries, among others relating to his health, medical history and possible disabilities.
286. Defendant’s inquiries relating to Mr. Wolin’s health, medical history and possible disabilities were intentional, and with malice or reckless indifference to Mr. Wolin’s freedom from discrimination based upon disability within the State of Florida.
287. As a direct and proximate result of Rent-A-Center, Inc.’s unlawful employment practices, Mr. Wolin was emotionally harmed, suffered, and will continue to suffer, loss of wages and other employment benefits, loss of earning capacity, damages to his professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, humiliation, and other forms of mental anguish and distress.
WHEREFORE, Brian Wolin requests this Court issue an order against Defendant Rent-ACenter, Inc. awarding him compensatory damages, lost hack pay, reinstatement and/or front pay, punitive damages, attorney’s fees and costs, together with such other relief as this Court deems just

and proper.
DEMAND FOR TRIAL BY JURY
Pursuant to Fed. R. Cir. P. 38(b), Plaintiffs hereby demand a trial by jury on all issues triable
of right by a jury.
Respectfully submitted,
GARY E. LIPPMAN, P.A. Attorney for Plaintiffs-Intervenors Lee, Rizvi and Wolin The Barristers Building 1615 Forum Place, Suite 1-B West Palm Beach, FL 33401-2320 (561) 968-79g]g (tel./fax),o By: ~
CERTIFICATE OF SERVICE
I HEREBY .C~ERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail this __~day of January, 2001, addressed as follows: Kenneth L. Gillespie, Trial Attorney, U.S. EQUAL EMPLOYMENT OPPORTLrNITY COMMISSION, Miami District Office, Two South Biseayne Blvd., One Biscayne Tower, Suite 2700, Miami, Florida 33131; and, Lisa Winston SorrelL Esq., WlNSTEAD SECHREST & M/NICK, 5400 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270.
6ary~ippm6tg

 
 Case 9:00-cv-08888-DTKH Document 40 Entered on FLSD Docket 06/11/2002 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DMSION

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaint HI:

Case No. 00-8888-CIV-HURLEY Magistrate Judge Lynch

LINDEN LEE, SYED RIZVI, AND BRIAN WOLIN,
Plaintiffs-Interveners,

v. RENTER'S CHOICE, INCORPORATED,

CLARENCE MADDOX CLERK U.S. DIST. CT. S.D. OF FLA. • W.P.B.

Defendant.
--------------------------~'
STIPULATION FOR DISMISSAL Wim PREJUDICE AS TO CLAIMS OF PLAINTIFFS-INTERVENERS LEE, RIZVI. AND WOLIN

Plaintiffs-Interveners Linden Lee, Syed Rizvi, and Brian Wolin, and Defendant Renter's

Choice, Incorporated, by and through counsels undersigned hereby give notice that they have

resolved all claims raised in this action, and request this Court enter a dismissal with prejudice

pursuant to such agreement between them, each party to bear its own attorneys' fees and costs.

AGREED TO:

FOR PLAINTIFFS-INTERVENERS,

LEE,RI

WO

by: ary . ippman, squire
GARY . LIPPMAN, P.A Attorney for Plaintiffs-Interveners 1615 Forum Place, Suite 1-B West Pa1m Beach, Florida 33401

LT.K. United States Distri t Judge AGREED TO:
FOR THE DEFENDANT,
RENTER'S CHOICE, INCORPORATED
by: Qz~.c::::-~ Steven A gel, Esquire FISHER & PlllLLIPS LLP Attorney for Defendant 450 East Las Olas Boulevard, Suite 800 Fort Lauderdale, Florida 33301

 
 Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 1 of 9 -RECEIVED B'f LEGm.
.-{)ATE :2 & £ 0 Q,~

TN THF TINTTFO "TATF" OT~TRTC'T C'OlTRT FOR THE SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

LINDEN LEE, SYED RIZVI,

)

AND BRIAN WOLIN,

)

)

Interveners,

) CIVIL ACTION NO.

V.
RENTER'S CHOICE, INCORPORATED,

) 00-8888-CIV-HURLEY

) Magistrate Judge Lynch

l

FiLEDby~·G.I

)

)

Defendant.

)

JUN 2 5 2002

----------- ___)

. ~~ , ~;.... - w,p B.

CONSENT DECREE

The Plaintiff, the Equal Employment Opportunity Commission ("EEOC''), filed this action on September 27,2000, alleging a violation ofTitle VII ofthe Civil Rights Act of 1964 ("Title VII") and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the bases of race. national origin and retaliation. Specifically, the EEOC alleged that Defendant, Renter's Choice, Incorporated ("Renter's Choice"), violated Title VII, by harassing, demoting and constructively discharging employees on the bases of race, national origin, and retaliation.
This Consent Decree is designed to resolve the disputes between the parties with regard to this lawsuit. This Consent Decree is being entered by mutual agreement ofthe parties solely for the purpose of settlement. In the interest of resolving this matter and as a result of having engaged in extensive settlement negotiations, the parties have agreed that this action should be resolved by entry

Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 2 of 9

of this Consent Decree. This Consent Decree is bindinl;! upon the parties

The parties agree that this Decree resolves all ofthe issues raised by EEOC Charge Numbers

15M 98 0083, 15M 98 0107, and 15M 98 0108, or the EEOC complaint in this case. The parties

further agree that this Decree does not resolve any charges of discrimination that may be pending

with the EEOC other than the charges referenced in this Consent Decree.

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:

I. Jurisdiction

1. This Court has jurisdiction of the subject matter of this action and the parties for the purpose

of entering and enforcing this Decree.

.'1....

Venue is proper.

.->).

No party shall contest the jurisdiction of this Federal Court to enforce this Decree and its

terms or the right of the EEOC to seek enforcement upon noncompliance with any of the terms of

this Decree.

4. Defendant, its officers, managers, employees, agents and partners, agree that it will not

engage in any unlawful employment practices based on race and national origin.

5. Defendant, its officers, managers, employees, agents and partners, agree that it will not

discriminate against any individual who opposes any of Defendant's practices which the employee

believes to be a violation of Title VII; or 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

ofthis case.

2

Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 3 of 9
II. Circulation of Anti-Discrimination Policy_ Within 75 days of entry ofthis Consent Order, Defendant will certify by written declaration by Marty Roustio, Director ofCo-Worker Relations, that all personnel in Market 0155 have received and reviewed the most recent EEO policy, attached as Exhibit A, and had an opportunity to ask any questions regarding the policy. The EEO policy will also be displayed on bulletin boards in Renter's Choice locations in Market 0155 where other employee information is commonly posted. At the end of each six-month penod until the expiration of this Consent Order, Renter's Choice will certify by written declaration that the policy has remained posted
III. Trainine on Anti-Discrimination Laws
Defendant agrees to conduct annual training for all of its Market 0155 store managers and th~ Market Manager for the duration of this Decree. The first annual training shall occur within two months aftt:r Jistribution of the poli~y. referenced in section II and no later than July 15,2002. The trainings will focus on the requirements ofTitle VII as it relates to race, national origin, and religious discrimination. The training will also include the topic of prevention of discrimination based on retaliation. These training sessions will last for 2 hours, one and a half ( 1 Y2) hours which can be by video tape. A trainer from Fisher & Phillips, LLP, will be present for the length of each session in order to answer questions. Defendant also agrees to provide the EEOC with at least two weeks notice before it conducts each training session and to provide copies of the training materials to the EEOC within one week of each training session. Defendant agrees that the EEOC, may be in attendance at training sessions. Defendant agrees that within 30 days after each training session, it will provide the EEOC with a list that sets forth the date of the training, subjects discussed, and the names and job titles ofthe individuals in attendance at the training session. Defendant will pay for the trainer, his/her preparation time, and all materials incident to the training.
3

Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 4 of 9
JV. Postin2
Defendant agrees to post in all stores in Market 0155 within seven days from the date of execution of this Consent Decree an eight and a half by eleven inch copy of the notice attached hereto as Exhibit B for the duration of the Consent Decree.
V. Monitorin2 A. Renter's Choice agrees to provide the EEOC with certification that it conducted the training
referenced in Section III within fourteen (14) days after each individual session occurs and no later than June 301h annually throughout the duration of the Decree. B. Renter's Choice agrees to provide the EEOC with its first certification that it posted the notice referenced in Section IV within seven (7) days from the Court's execution ofthis Decree. At the end of each six (6) month period following the execution date ofthis Decree, Ddl.:mlanl \Vill certify in writing to Plamtiffthat the notice has remained posted for the entire preceding six-month period. C. The Defendant shall submit written reports to the Commission every six (6) months and thereafter for the life of this Consent Decree. The first report shall be received no later than December 15, 2002. The final report shall be submitted to the Commission thirty days prior to the expiration of the Consent Decree. Each report shall contain: 1. The names, addresses, phone numbers and employment status, includingjob title, of
each Market 0155 employee who has reported to any officer, manager, or human resources personnel that slhe has been discriminated against based on race, national origin, or subjected to unlawful retaliation and whose complaint has not been resolved by the second level supervisor and therefore has reached Step #3 of Defendant's EEO Policy, Attachment A ..
4

Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 5 of 9

4.

Defendant will also provide information on anv investigation of complaint" of

discrimination based on race, national origin, or complaints of unlawful retaliation

that have been initiated by any Market 0155 employee and the results of such

investigation, which have not been resolved by the second level supervisor, and

therefore have reached Step #3 of Defendant's EEO Policy, Attachment A.

5. Such infom1ation shall be reported to the EEOC at the expiration of each six month

periuu, for the three year penod following the execution date of this order. All

reports will be mailed to the EEOC, 1 Biscayne Tower, Suite 2700, Miami, FL

33131, Att: Rachel Shonfield.

D. Marty Roustio, Director of Co- Worker Relations, shall act as Defendant's representatives

for the purpose of coordinating the submission ofreports that are required herein. All reports

and doc•Jmcnts rc(\uircd to b~ dcli\crcd by R~nter's Choice to the EEOC shall be mailed to:

Rachel H. Shonfield, Trial Attomey, Equal Employment Opportunity Commission, One

Biscayne Tower. Suite 2700, Two South Biscayne Blvd.. Miami, Florida 33131.

VI. Monetary Relief

A. Defendant will pay a total of$270,000.00 to be distributed as follows in accordance with the

terms of the Settlement Agreement entered into between Interveners, Brian Wolin, Syed

Rizvi, Linden Lee, and Rent-A-Center, Inc. f/k/a Renters Choice, Inc.: ( 1) Payment to

WOLIN of $76,666.66. Of that $76,666.66, $25,555.55 shall represent settlement of a

disputed claim for back wages and will be subject to applicable withholding; (2) Payment

to LEE of $76,666.66. Of that $76,666.66, $25,555.55 shall represent settlement of a

disputed claim for back wages and will be subject to applicable withholding; (3) Payment

to RIZVI of $76,666.66. Of that $76,666.66, $25,555.55 shall represent settlement of a

5

Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 6 of 9
disputed claim for back wages and will be subject to applicable withholdin!!: (4) Paymt>nt to "Gary E. Lippman, P.A." of$40,000.00. Defendant shall make all appropriate deductions for federal, state, and local taxes and FICA. Defendant will also issue an I.R.S. form W-2, an IRS form 1099, and shall be responsible for the payment ofthe employer's share of any federal, state, or local taxes, and social security withholdings for each of the claimants. B. Within 30 days after the entry ofthe Court's Order, Defendant will mail, certified mail return receipt, checks io the claimants for the amounts specified in Section VI.A. A copy of statements showing the withholdings shall accompany the checks. Concurrent with the mailing ofthe checks, Defendant agrees to copy the EEOC on the withholding statements, and the checks by June 26, 2002, and the certified return receipts. By March IS, 2003, Defendant will proYidc the claimants W-2'<:, and I099's and the EEOC with copies of theW.2's and I099's. C. If the Defendant fails to tender the above-mentioned payments, the Defendant shall: ( l) 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 (2) bear any additional costs incurred by the EEOC caused by the non-compliance or
delay of the Defendant. VII. Enforcement
A. The Commission shall have independent authority to seek judicial enforcement of each aspect, tem1 or provision of this Decree. The Commission will take whatever measures it deems appropriate to effectuate the enforcement of the terms ofthis decree.
B. This Decree shall remain in effect for three years from the date of the Court's execution of this Decree. 6

Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 7 of 9

Vlll. Costs

Renter's Choice, the interveners, and the EEOC shall bear their own costs and attorney fees

associated with this litigation.
tL J;-~
DONE AND ORDERED in Chambers in West Palm Beach, Florida, this~ day o~

2002.

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DANIEL HURLEY / ·~ --- ·· I
United States District Judge

Agreed:

FOR THE PLAINTIFF:

UNITED STATES EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

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Delner Franklin-Thomas

Regional Attorney

EEOC Miami District Office

1 Biscayne Tower

2 S. Biscayne Blvd.

Miami, Florida 33131

FOR THE DEFENDANT:
BY: Srt~ eve~.L ...S~ ire~ -g~~~q·.--
Attorney for Defendant Fisher & Phillips, L.L.P. 450 E. Las Olas Blvd., Ste. 800 Fort Lauderdale, Florida 33301 (954) 525-4800

8 y: ----"""-----'L--4-----~<---Gary E. Lip 1 , Esq. Gary E. Lippman, P.A. Attorney for Interveners The Barrister Building 1615 Forum Place, Suite 1-B West Palm Beach, FL 33401-2320

7

Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 8 of 9
EQUAL EMPlAOYMENT OPPORTUNITY
U is the policy of Rent-A-Ceno:r, Inc. to provide equal oppornmity in all aspects of emplo~r I e111ployee relations without c11scriminaaon ~use of race, color, rcllg~ous creed, se:x., aadonal origizl, age. disabili'Y. '\leteran status. or any other statUS prorected b) law. (Except where such characteristic is an appropriare bona fide occupational qualification}.
Sunal ami Radalllal'assment: It bas been, and will continue to be. the p>W:y of Rent-A-Center, Inc. to maintain a wade en~t free of sexuaL or Iacial harassmem- Semai barassunt inclDd=i 1111welcome sexual advances, requests for sexual favors, and other vetbal or physical conduct of a sexual namre ~hen:
subn:lission to such c:ondact is made either ~pJicicly or implicidy a mnu or condition of an .individual's employm=t; subl'lli.Maa. to or rej~tion of sw:h ccmduct by rbe indhidu&l, is used as me basis for employment dec=isiaus~ or sqcb condllct has tbe effect of umeasozsably iuu:dering with an indhidtJars ~Oik perfo:ana.ru:= or cteaCng an .intimidariag or offensive ,.odi:iDg enviro~ Racial harassment iD.clul:les languqe or ccmdlK:r in=ndcd or reasoaahly likel}' to offend, demean, or ctispaaae an indi"idual because of his/her, edmic:ity or national origin.
The Door Is Always Open
If you have aa UllnSOived is&v.e related lo oar Equal Employzuac Clpporbmity Pulicy, you
me bave a responsibility to tepon matter 85 10011 ... posaible, without die tear of reta6adon.
Step#l Brilll your coacei"DB 10 yow immediate supervisor aad aDow llale for a n•cooable
sollltiou. Ifyour issue is aot re&olved, iaform yaur superritor dlat JOG are takiq the issue to the oext leveL Skip Step #1 it your issue iDvolftS your iuunediate supervisor.
Stsp#2 Briog your co&am~S to your 2'!' lnel supenisor mul aBow time for a riS'iODable
solution.. If your isme is nor reSol'fed, iDf'orm your -z-llnel supervisor 1bat you 8ft
takiag tbe issue to the QUt leveL
Step#3
Brilla your eonf:ei"DS to Coworker llelatioDS at S00..21S·26!J6 est. llUL We will partaer with you to insure tba' the beat poseiible solutiou is reacbtAL
Our Goal.~. To Say We Care And Show It!

PboDD Number

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Case 9:00-cv-08888-DTKH Document 41 Entered on FLSD Docket 06/26/2002 Page 9 of 9
~OTICE POSTING This notice is being posted as a result of allegations brought by the Equal Employment Opportunity Commission against Renter's Choice Incorporated. Renter's Choice Incorporated has agreed that it will not discriminate against employees in violation ofTitle VII ofthe Civil Rights Act of 1964, as amended ("Title VII"). Title VII protects individuals from discrimination based on race, religion, color, national origin, and sex in all aspects of their employment, including hiring, promotions and discharge. Renter's Choice Incorporated assures its employees thRt it supports Title VII, and that it 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. 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 or (305)530-6001. Signed this _ _ day of _ _ _ _ _ _ _ _ _, 2002.
President, Renter's Choice, Incorporated
Post Until - - - - -
Exhibit B

 
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U.S. District Court Southern District of Florida (West Palm Beach) CIVIL DOCKET FOR CASE #: 9:00-cv-08888-DTKH

CLOSED

U.S. - EEOC v. Renter's Choice Assigned to: Judge Daniel T. K. Hurley Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff United States Equal Employment Opportunity Commission
V. Defendant Renter's Choice, Incorporated

Date Filed: 09/27/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kenneth Lawrence Gillespie 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
Rachel H. Shonfield Equal Employment Opportunity Commission Miami District Office 2 S Biscayne Boulevard 2700 One Biscayne Tower Miami, FL 33131-2483 305-530-6007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Franklin E. Wright Winstead Sechrest & Minick 1201 Elm Street 5400 Renaissance Tower Dallas, TX 75270-2199 214-745-5890 Fax: 745-5390 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Irving M. Miller Akerman Senterfitt Suntrust International Center 1 SE 3rd Avenue 28th Floor Miami, FL 33131-1714 305-374-5600 Fax: 374-5095 TERMINATED: 06/25/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Clark Polkinghorn Fisher & Phillips 450 E Las Olas Boulevard Suite 800 Fort Lauderdale, FL 33301 954-525-4800 Fax: 525-8739 Email: jpolkinghorn@laborlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry Hicks Winstead Sechrest & Minick 1201 Elm Street 5400 Renaissance Tower Dallas, TX 75270-2199 214-745-5356 Fax: 745-5390 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Winston Sorrell Winstead Sechrest & Minick 1201 Elm Street 5400 Renaissance Tower Dallas, TX 75270-2199 214-745-5400 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Adam Siegel Fisher & Phillips 450 E Las Olas Boulevard Suite 800 Fort Lauderdale, FL 33301 954-525-4800 Fax: 525-8739 Email: ssiegel@laborlawyers.com
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CM/ECF - Live Database - flsd - Docket Report
Intervenor Plaintiff Linden Lee
Intervenor Plaintiff Syed Rizvi Intervenor Plaintiff Brian Wolin V. Intervenor Defendant Renter's Choice, Incorporated
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary Edward Lippman 1615 Forum Place West Palm Beach, FL 33401 561-968-7088 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary Edward Lippman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary Edward Lippman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Franklin E. Wright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Irving M. Miller (See above for address) TERMINATED: 06/25/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry Hicks (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Winston Sorrell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven Adam Siegel (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/27/2000 09/27/2000 09/27/2000 11/21/2000 11/21/2000
12/07/2000 12/15/2000 12/15/2000 12/20/2000
01/16/2001 01/16/2001 01/16/2001 01/16/2001
01/16/2001 01/16/2001

#

Docket Text

1 COMPLAINT filed; A-7 LSS: FILING FEE: Waived (at, Deputy Clerk) (Entered: 09/28/2000)
2 SUMMONS() issued for Renter's Choice (at, Deputy Clerk) (Entered: 09/28/2000)
Magistrate identification: Magistrate Judge Lurana S. Snow (at, Deputy Clerk) (Entered: 09/28/2000)
3 NOTICE of filing waiver of service of summons by U.S. - EEOC (dp, Deputy Clerk) (Entered: 11/22/2000)
4 Waiver of service executed by Renter's Choice (Attorney Lisa Winston Sorrell) 10/23/00 Answer due by 12/22/00 for Renter's Choice (dp, Deputy Clerk) (Entered: 11/22/2000)
5 ANSWER to Complaint by Renter's Choice (Attorney Irving M. Miller) (dp, Deputy Clerk) (Entered: 12/08/2000)
6 ORDER OF RECUSAL ( Signed by Judge Wilkie D. Ferguson Jr. on 12/14/00) CCAP [EOD Date: 12/18/00] (dp, Deputy Clerk) (Entered: 12/18/2000)
CASE reassigned to Judge Daniel T. K. Hurley (dp, Deputy Clerk) (Entered: 12/18/2000)
7 ORDER REQUIRING COUNSEL TO MEET & FILE JOINT SCHEDULING REPORT: SEE ORDER FOR ALL OTHER DETAILS ( Signed by Judge Daniel T. K. Hurley on 12/19/00) CCAP [EOD Date: 12/20/00] (Former Deputy Clerk) (Entered: 12/20/2000)
8 MOTION by Renter's Choice for Franklin E. Wright to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 713783 for Franklin E. Wright to appear PHV (at, Deputy Clerk) (Entered: 01/19/2001)
9 Statement of Irving M. Miller Renter's Choice re: [8-1] motion for Franklin E. Wright to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
10 AFFIDAVIT OF FRANKLIN E. WRIGHT by Renter's Choice Re: [8-1] motion for Franklin E. Wright to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
11 MOTION by Renter's Choice for Jerry Hicks to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 713785 for Jerry Hicks to appear PHV (at, Deputy Clerk) (Entered: 01/19/2001)

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01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/16/2001 01/19/2001 01/22/2001 01/23/2001
01/23/2001
01/23/2001
01/30/2001

12 Statement of Irving M. Miller by Renter's Choice re: [11-1] motion for Jerry Hicks to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
13 AFFIDAVIT OF JERRY HICKS by Renter's Choice Re: [11-1] motion for Jerry Hicks to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
14 MOTION by Renter's Choice for Steven A. Siegel to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 713784 for Steven A. Siegel to appear PHV (at, Deputy Clerk) (Entered: 01/19/2001)
15 Statement of Irving M. Miller by Renter's Choice re: [14-1] motion for Steven A. Siegel to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
16 AFFIDAVIT OF STEVEN A. SIEGEL by Renter's Choice Re: [14-1] motion for Steven A. Siegel to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
17 MOTION by Renter's Choice for Lisa Winston Sorrell to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 713782 for Lisa Winston Sorrell to appear PHV (at, Deputy Clerk) (Entered: 01/19/2001)
18 Statement of Irving M. Miller by Renter's Choice re: [17-1] motion for Lisa Winston Sorrell to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
19 AFFIDAVIT OF LISA WINSTON SORRELL by Renter's Choice Re: [17-1] motion for Lisa Winston Sorrell to appear pro hac vice (at, Deputy Clerk) (Entered: 01/19/2001)
20 MOTION with memorandum in support to intervene by Linden Lee, Syed Rizvi, Brian Wolin (Former Deputy Clerk) (Entered: 01/22/2001)
21 ORDER granting [11-1] motion for Jerry Hicks to appear pro hac vice ( Signed by Judge Daniel T. K. Hurley on 1/22/01) CCAP [EOD Date: 1/22/01] (Former Deputy Clerk) (Entered: 01/22/2001)
22 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE; granting [8-1] motion for Franklin E. Wright to appear pro hac vice ( Signed by Judge Daniel T. K. Hurley on 1/22/01) CCAP [EOD Date: 1/24/01] (Former Deputy Clerk) (Entered: 01/24/2001)
23 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE; granting [14-1] motion for Steven A. Siegel to appear pro hac vice ( Signed by Judge Daniel T. K. Hurley on 1/22/01) CCAP [EOD Date: 1/24/01] (Former Deputy Clerk) (Entered: 01/24/2001)
24 ORDER GRANTING MOTON TO APPEAR PRO HAC VICE; granting [17-1] motion for Lisa Winston Sorrell to appear pro hac vice ( Signed by Judge Daniel T. K. Hurley on 1/22/01) CCAP [EOD Date: 1/24/01] (Former Deputy Clerk) (Entered: 01/24/2001)
25 RESPONSE by Renter's Choice to [20-1] motion to intervene by Linden Lee, Syed Rizvi, Brian Wolin (Former Deputy Clerk) (Entered: 01/31/2001)

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02/02/2001 02/07/2001
02/07/2001 02/07/2001 02/07/2001 03/05/2001 03/20/2001 03/21/2001
04/11/2001 04/23/2001 06/25/2001 12/06/2001 12/06/2001 12/07/2001 12/12/2001

26 JOINT Scheduling Report of Scheduling Meeting by U.S. - EEOC, Renter's Choice (Former Deputy Clerk) (Entered: 02/02/2001)
27 ORDER setting Jury trial for 5/6/02 before Judge Daniel T. K. Hurley , and setting calendar call for 1:30 4/26/02 before Judge Daniel T. K. Hurley (see order for additional dates) ( Signed by Judge Daniel T. K. Hurley on 2/6/01) CCAP [EOD Date: 2/7/01] (Former Deputy Clerk) (Entered: 02/07/2001)
27 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Daniel T. K. Hurley on 2/6/01) CCAP [EOD Date: 2/7/01] (Former Deputy Clerk) (Entered: 02/07/2001)
Magistrate identification: Magistrate Judge Frank J. Lynch, Jr. (Former Deputy Clerk) (Entered: 02/09/2001)
27 ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Frank J. Lynch, Jr. ( Signed by Judge Daniel T. K. Hurley on 2/6/01) CCAP [EOD Date: 2/9/01] (Former Deputy Clerk) (Entered: 02/09/2001)
28 NOTICE of Change of Address of attorney Kenneth Lawrence Gillespie by U.S. - EEOC (Former Deputy Clerk) (Entered: 03/06/2001)
30 Intervenor's COMPLAINT by Linden Lee, Syed Rizvi, Brian Wolin against Renter's Choice (Former Deputy Clerk) (Entered: 03/22/2001)
29 ORDER GRANTING MOTION TO INTERVENE:ORDER granting [20-1] motion to intervene by Linden Lee, Syed Rizvi, Brian Wolin ( Signed by Judge Daniel T. K. Hurley on 3/20/01) CCAP [EOD Date: 3/22/01] (Former Deputy Clerk) (Entered: 03/22/2001)
31 NOTICE of Counsel's Unavailability by Linden Lee, Syed Rizvi, Brian Wolin for dates of: May 18 through and including May 28, 2001 (Former Deputy Clerk) (Entered: 04/12/2001)
32 ANSWER by Renter's Choice to [30-1] intervenor complaint (Former Deputy Clerk) (Entered: 04/25/2001)
33 STIPULATION by Renter's Choice In Re: substitution of counsel (kw, Deputy Clerk) (Entered: 06/25/2001)
34 MOTION by U.S. - EEOC to continue scheduling order deadlines (kw, Deputy Clerk) (Entered: 12/07/2001)
35 NOTICE of attorney appearance for U.S. - EEOC by Rachel H. Shonfield (kw, Deputy Clerk) (Entered: 12/07/2001)
36 RETURN OF SERVICE executed for Renter's Choice on 11/26/01 Answer due on 12/17/01 for Renter's Choice (kw, Deputy Clerk) (Entered: 12/07/2001)
37 SCHEDULING ORDER setting Deadline for filing of all motions by 6/3/02 Memos of law due on or before 6/3/02 Jury trial set for 8/5/02 Pretrial Stipulation due on or before 6/24/02 Discovery cutoff 5/6/02 ; ( Signed by Judge Daniel T. K. Hurley on 12/11/01) [EOD Date: 12/12/01] CCAP (kw, Deputy Clerk) (Entered: 12/12/2001)

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02/13/2002 02/15/2002 06/10/2002
06/25/2002 06/25/2002

38 NOTICE of Change of Address of Attorney by Renter's Choice (kw, Deputy Clerk) (Entered: 02/14/2002)
39 ORDER DENYING AS MOOT; mooting [34-1] motion to continue scheduling order deadlines ( Signed by Judge Daniel T. K. Hurley on 2/14/02) [EOD Date: 2/19/02] (kw, Deputy Clerk) (Entered: 02/19/2002)
40 STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO CLAIMS OF PLAINTIFFS-INTERVENERS LEE, RIZVI AND WOLIN ORDER ( Signed by Judge Daniel T. K. Hurley on 6/9/02) [EOD Date: 6/11/02] (kw, Deputy Clerk) (Entered: 06/11/2002)
41 CONSENT DECREE for U.S. - EEOC against Renter's Choice for amount of $ 270,000.00 ( Signed by Judge Daniel T. K. Hurley on 6/25/02) [EOD Date: 6/26/02] (kw, Deputy Clerk) (Entered: 06/26/2002)
CASE CLOSED. Case and Motions no longer referred to Magistrate. [34-1] motion to continue scheduling order deadlines, [20-1] motion to intervene by Linden Lee, Syed Rizvi, Brian Wolin, [17-1] motion for Lisa Winston Sorrell to appear pro hac vice, [14-1] motion for Steven A. Siegel to appear pro hac vice, [11-1] motion for Jerry Hicks to appear pro hac vice, [8-1] motion for Franklin E. Wright to appear pro hac vice (kw, Deputy Clerk) (Entered: 06/26/2002)

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