Case 2:00-cv-00135-JES Document 1 Filed 03/31/2000 Page 1 of 5

)

)

IN THE UNITED STATES DISTRICT COUM1J r~;lR 11

FOR THE MIDDLE DISTRICT OF FLORIDA

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FORT MYERS DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

CIVIL ACTIONN~: I()- ev-ls5 tTH-J9f)

v.
AVATAR PROPERTIES, INC., F.K.A. AVATAR HOLDINGS, INC.

COMPLAINT 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 sex, and to provide

appropriate reliefto Linda Redditt who was adversely affected by such practices. The Commission

alleges that Linda Redditt, a female, was sexually harassed by a co-worker and the harassment

persisted despite Ms. Redditt's complaint to the Defendant. As a result ofthe sexual harassment and

the Defendant's failure to take prompt, remedial action, the conditions ofMs. Redditt's employment

were so intolerable that she was forced to resign her position. As alleged with greater partiCUlarity

in paragraph seven below, Linda Redditt was subj ected to unwelcome sexual comments and physical

contact because of her sex which created a hostile work environment. Despite her complaints to

Defendant, Defendant failed to take prompt remedial action and thus, she was forced to resign.

1
\

Case 2:00-cv-00135-JES Document 1 Filed 03/31/2000 Page 2 of 5

)

)

JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Middle District of Florida, Fort Myers Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "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)(I) and (3).
4. At all relevant times, Defendant, Avatar Properties, Inc., F.K.A., Avatar Holdings, Inc. (the "Employer"), has continuously been a Florida corporation doing business in the State ofFlorida and the City of Cape Coral, 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 ofthis lawsuit, Linda Redditt 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.
2

Case 2:00-cv-00135-JES Document 1 Filed 03/31/2000 Page 3 of 5

)

)

7. On or about November 1996, Defendant Employer engaged in unlawful employment practices at its Cape Coral facility, in violation ofSection 703(a)(1) ofTitle VII, 42 U.S.C. § 2000e2(a) which included the following:
a) Linda Redditt was regularly SUbjected to vulgar language, abusive behavior and sexual remarks of a personal nature by a co-worker. Moreover, Ms. Redditt was subjected to unwelcome physical sexual contact because of her sex which was sufficiently severe and pervasive to affect the terms and conditions of her employment and to create an intimidating, hostile and offensive work environment. Ms. Redditt made it known to her co-worker that such conduct was unwelcome. Defendant Employer failed to take prompt remedial action when it knew or should have known ofthe sexual harassment. Defendant is liable for the behavior Ms. Redditt was subjected to during her employment.
b) On or about January 23, 1997, Ms. Redditt was forced to resign her position as a sales person because the conditions ofher employment were so intolerable (due to the persistent harassment by Ms. Redditt's co-worker because ofher sex and Defendant's failure to take prompt, remedial action) that a reasonable person in her shoes would have been compelled to resign.
8. The effect of the practice(s) complained of in paragraph 7 above has been to deprive Linda Redditt of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex.
3

Case 2:00-cv-00135-JES Document 1 Filed 03/31/2000 Page 4 of 5

)

)

9. 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 Linda Redditt.
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 sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendant Employer, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer, to make whole Linda Redditt by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects ofits unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration ofbenefits and positive future employment references for Linda Redditt. D. Order Defendant Employer, to make whole Linda Redditt 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 ofpocket losses, medical expenses, job search expenses, and relocation expenses, in amounts to be determined at trial. E. Order Defendant Employer, to make whole Linda Redditt by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in
4

Case 2:00-cv-00135-JES Document 1 Filed 03/31/2000 Page 5 of 5
)
paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience,
humiliation and loss of enjoyment of life, in amounts to detennined at trial.
F. Order Defendant Employer, to pay Linda Redditt punitive damages for its malicious
and reckless conduct described in paragraph 7 above, in amounts to be detennined 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.
C. GREGORY STEWART General Counsel
GWENDOLYN REAMS Deputy General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
GILBERT CARRILLO Supervisory Trial Attorney
~
Trial Attorney Florida Bar No. 0029254
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MIAMI DISTRICT OFFICE One Biscayne Tower 2 South Biscayne Boulevard, Suite 2700 Miami, Florida 33131 Tel. (305) 530-6005 Fax (305) 536-4494
5

 
 Case 2:00-cv-00135-JES Document 14 Filed 07/13/2000 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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Plaintiff,

CIVIL ACTION NO. 2:00 CV 135-FTM-19D

v.

AMENDED COMPLAINT

AVATAR REALTY INC., and AVATAR PROPERTIES INC., and AVATAR HOLDINGS INC.

JURY TRIAL DEMAND INJUNCTIVE RELEIF SOUGHT

-.

j

Defendants.
------------------------------~/

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 sex, and to provide

appropriate reliefto Linda Redditt who was adversely affected by such practices. The Commission

alleges that Linda Redditt, a female, was sexually harassed by a co-worker and the harassment

persisted despite Ms. Redditt's complaint to the Defendants. As a result of the sexual harassment

and the Defendants' failure to take prompt, remedial action, the conditions of Ms. Redditt's

employment were so intolerable that she was forced to resign her position. As alleged with greater

particularity in paragraph seven below, Linda Redditt was subjected to unwelcome sexual comments

and physical contact because of her sex which created a hostile work environment. Despite her

complaints to Defendants, Defendants failed to take prompt remedial action and thus, she was forced

to resign.

1
/~

Case 2:00-cv-00135-JES Document 14 Filed 07/13/2000 Page 2 of 6
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981A.
2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Middle District of Florida, Fort Myers Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "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)(I) and (3). 4. At all relevant times, Defendant, Avatar Realty Inc. has continuously been a Delaware corporation doing business in the State ofFlorida and the City of Cape Coral, and has continuously had at least 15 employees. 5. At all relevant times, Defendant, Avatar Properties Inc. has continuously been a Florida corporation doing business in the State ofFlorida and the City ofCape Coral, and has continuously had at least 15 employees. 6. At all relevant times, Defendant, Avatar Holdings Inc. has continuously been a Delaware corporation doing business in the State ofFlorida and the City of Cape Coral, and has continuously had at least 15 employees. 7. At all relevant times, Defendant, Avatar Realty Inc. has continuously been an employer
2

Case 2:00-cv-00135-JES Document 14 Filed 07/13/2000 Page 3 of 6
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).
8. At all relevant times, Defendant, Avatar Properties Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 701 (b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h).
9. At all relevant times, Defendant, Avatar Holdings Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning ofSections 701 (b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 10. More than thirty days prior to the institution of this lawsuit, Linda Redditt filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. On or about November 1996, Defendants engaged in unlawful employment practices at their Cape Coral facility, in violation of Section 703(a)(1) of Title VII, 42 U.S.c. § 2000e-2(a) which included the following: a) Linda Redditt was regularly subjected to vulgar language, abusive
behavior and sexual remarks of a personal nature by a co-worker. Moreover, Ms. Redditt was subjected to unwelcome physical sexual contact because of her sex which was sufficiently severe and pervasive to affect the terms and conditions of her employment and to create an intimidating, hostile and offensive work environment. Ms. Redditt made it known to her co-worker that such conduct was unwelcome. Defendants failed to take prompt remedial action when
3

Case 2:00-cv-00135-JES Document 14 Filed 07/13/2000 Page 4 of 6
they knew or should have known of the sexual harassment. Defendants are liable for the behavior Ms. Redditt was subjected to during her employment. b) On or about January 23, 1997, Ms. Redditt was forced to resign her position as a sales person because the conditions of her employment were so intolerable (due to the persistent harassment by Ms. Redditt's co-worker because ofher sex and Defendants' failure to take prompt, remedial action) that a reasonable person in her shoes would have been compelled to resign. 12. The effect ofthe practice(s) complained of in paragraph 11 above has been to deprive Linda Redditt of equal employment opportunities and otherwise adversely affect her status as an employee because of her sex. 13. The unlawful employment practices complained of in paragraph 11 above were intentional. 14. The unlawful employment practices complained of in paragraph 11 above were done with malice or with reckless indifference to the federally protected rights of Linda Redditt.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in sexual harassment and any other employment practice which discriminates on the basis of sex. B. Order Defendants, to institute and carry out policies, practices, and programs which provide equal employment opportunities for females, and which eradicate the effects of their past
4

Case 2:00-cv-00135-JES Document 14 Filed 07/13/2000 Page 5 of 6
and present unlawful employment practices. C. Order Defendants, to make whole Linda Redditt by providing appropriate back pay
with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects of their unlawful employment practices, including but not limited to, reinstatement and/or front pay, restoration ofbenefits and positive future employment references for Linda Redditt.
D. Order Defendants, to make whole Linda Redditt by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 11 above, including but not limited to, out ofpocket losses, medical expenses, job search expenses, and relocation expenses, in amounts to be determined at trial.
E. Order Defendants, to make whole Linda Redditt by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained ofin paragraph 11 above, including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment oflife, in amounts to determined at trial.
F. Order Defendants, to pay Linda Redditt punitive damages for their malicious and reckless conduct described in paragraph 11 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. C. GREGORY STEWART General Counsel
5

Case 2:00-cv-00135-JES Document 14 Filed 07/13/2000 Page 6 of 6

GWENDOLYN REAMS Deputy General Counsel
DELNER FRANKLIN-THOMAS Regional Attorney
GILBERT CARRILLO Supervisory Trial Attorney

Cc..--4... CARLAJ.

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Trial Attorney

Florida Bar No. 0110566

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

501 East Polk Street

Room 1020

Tampa, Florida 33602

Tel. (813) 228-2020

Fax (813) 228-2841

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing Amended Complaint, has been sent via regular U.S. mail this ~day of July 2000 to the following:

Arthur Cholodofsky Law Offices of STEVEN M. ZIEGLER, P.A. Presidential Circle 4000 Hollywood Boulevard, Suite 375 South Hollywood, FL 33021

Dennis Webb Law offices Webb & Scarmozzino 1617 Hendry Street Suite 313 Fort Myers, FL 33901

~~~
Carla Von Greiff 6

 
 Case 2:00-cv-00135-JES Document 26 Filed 11/07/2000 Page 1 of 6

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

Plaintiff,

)

vs.

)

)

AVATAR REALTY, INC., and

)

AVATAR PROPERTIES, INC. and )

AVATAR HOLDINGS, INC.,

)

Defendant,

)

)

LINDA L. REDDTIT,

)

Intervenor.

)

-------------------------)

Case No. 2:00-CV135-FTM-19D

INTERVENOR~ LINDA L. REDDITf'S AMENDED COMPLAINT

LINDA L. REDDTIT, (hereinafter "REDDITT"), sues Defendants, AVATAR

REALTY, INC., and AVATAR PROPERTIES, INC., and AVATAR HOLDINGS,

INC., (hereinafter "AVATAR"), for employment discrimination pursuant to Title VII of

the Civil Rights act of 1964,42 V.S.c. §2000e et. seq., as amended, and in support thereof

states as follows:

NATURE OF ACTION

This is an action against AVATAR, for unlawful sex discrimination (sexual

harassment). REDDTIT, a female, was sexually harassed by a co-worker and the

harassment persisted despite REDDTIT's complaints to AVATAR. As a result of the

sexual harassment and AVATAR's failure to take prompt, remedial action, the conditions of

1

Case 2:00-cv-00135-JES Document 26 Filed 11/07/2000 Page 2 of 6
REDDI1T's employment were so intolerable that she was forced to resign her position. The legal basis for this action is Title VII of the Federal Civil Rights Act of 1964, 42
U.S.C. 2000e et. seq., as amended ("Title VII"). REDDTIT seeks equitable relief and damages.
JURISDICTION AND VENUE (1) This court has original jurisdiction over REDD IITs Title VII claim under 28 U.S.c. §§ 1331 and 1343(3) and (4). (2) The employment practices alleged to be unlawful were and are now being committed within the jurisdiction of the United States District Court for the Middle District of Florida, Fort Myers Division. (3) REDDTIT is a citizen of the State of Florida and resides in Lee County, Florida. At the time of the unlawful employment practices alleged herein, REDDTIT was a resident and citizen of Lee County, Florida.
CONDITIONS PRECEDENT (4) REDDTIT flied a timely charge of discrimination with the EEOC relating to AVATAR's discriminatory acts alleged herein. (5) REDDITI has exhausted her administrative remedies required by 42 U.S.c. 2000e, and otherwise fulfilled all prerequisites to bringing this action.
COUNT I SEXUAL HARASSMENT (6) REDDTIT re-alleges and incorporates Paragraphs 1 through 6 above as if
2

Case 2:00-cv-00135-JES Document 26 Filed 11/07/2000 Page 3 of 6
specifically alleged herein. (7) This is a claim for sexual harassment against AVATAR. On or about
November 1996, AVATAR engaged in unlawful employment practices at its Cape Coral, Florida facility, in violation of 703 (a) (l) ofTicle VII, 42 V.S.c. §2000e 2(a) which included the following:
a. REDDITT was regularly subjected to vulgar language, abusive behavior and sexual remarks of a personal nature by a co-worker. Moreover, REDDITT was subjected to unwelcome physical sexual contact because of her sex which was sufficiently severe and pervasive to affect the terms and conditions of her employment and to create an intimidating, hostile and offensive work environment. REDDITT made it known to her co-worker that such conduct was unwelcome. AVATAR failed to take prompt remedial action when it knew or should have known of the sexual harassment. AVATAR is liable for the behavior REDDITT was subjected to during her employment.
b. On or about January 23, 1997, REDDITT was forced to resign her position as a salesperson because the conditions of her employment were so intolerable (due to the persistent harassment by REDDITT's co-worker because of her sex and AVATAR's failure to take prompt, remedial action) that a reasonable person in her shoes would have been compelled to resign.
(8) The effect of the practices complained of in Paragraph 8 above has been to deprive REDDITT of equal employment opportunities and otherwise adversely affect her
3

Case 2:00-cv-00135-JES Document 26 Filed 11/07/2000 Page 4 of 6
status as an employee because of her sex. (9) The unlawful employment practices complained of in Paragraph 8 above were
intentional. (10) The unlawful employment practices complained of in Paragraph 8 above were
done with malice or with reckless indifference to the federally protected rights of REDDITT.
PRAYER FOR RELIEF (11) The Civil Rights Act of 1964, as amended at 42 U.S.C. 2000e 5, provides for declaratory judgment , injunctive, affirmative and equitable relief to include an award for back pay and reinstatement and for attorney's fees. The Civil Rights Act of 1991,42 U.S.c. 1981a, further provides for the award of compensatory and punitive damages.
WHEREFORE, REDDITT demands trial by jury and requests this Court to
(A) Declare AVATAR has unlawfully discriminated against REDDITT in violation ofTicle VII of the Civil Rights Act of 1964;
(B) Issue an order prohibiting further discrimination; (C) Order AVATAR to make whole REDDITT by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial and other affirmative relief necessary to erraticate the effects of its unlawful employment practices including but not limited to reinstatement and/or front pay, restoration of benefits and positive future employment references for REDDITT;
4

Case 2:00-cv-00135-JES Document 26 Filed 11/07/2000 Page 5 of 6
(D) Order AVATAR to make whole REDDITf by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in Paragraph 8 above, including but not limited to, out of pocket losses, medical expenses, job search expenses, and relocation expenses, in amounts to be determined at trial;
(E) Order AVATAR to make whole REDDITf by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices complained of in Paragraph 8 above including but not limited to, emotional pain, suffering, inconvenience, humiliation and loss of enjoyment of life, in amounts to be determined at trial;
(F) Order AVATAR to pay REDDITf punitive damages for its malicious and reckless conduct described in Paragraph 8 above in amounts t be determined at trial;
(G) Grant such further relief as the Court deems necessary and proper; (H) Award REDDIIT her costs and attorney's fees incurred in this action.
JURY TRIAL DEMAND REDDIIT demands a trial by jury for all counts on all triable issues.
Certificate of Service I HEREBY CERTIFY that a true and correct copy hereof has been mailed by
regular US Mail to Carla J. Von Greiff, Esquire, Attorney for the EEOC, US Equal
Employment Opportunity Commission, 501 E. Polk St., lOth Floor, Rm. 1020, Tampa, FL 33602, and Arthur Cholodofsky, Esquire, Attorney for AVATAR, Presidential Cir., 4000
5

· . . , ' .

Case 2:00-cv-00135-JES Document 26 Filed 11/07/2000 Page 6 of 6

NOV.
Hollywood Blvd., Ste. 375, S. Hollywood, FL 33021, on this ~ day of ~t, 2000..

Florida Bar No. 165956 Attorneys for REDDfIT WEBB & SCARMOZZINO, P.A. 1617 Hendry Street, Third Floor Fort Myers, FL 33901 (941) 334-1600 - telephone (941) 334-7979 - facsimile

6

 
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Case 2:00-cv-00135-JES

Document 29

r

I

Filed 07/20/2001 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

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and

LINDA REDDITT,

Plaintiff- Intervener,

r CIVIL ACTION NO.
2:00 CV135 FTM 290N

v.

AVATAR REALTY INC., and AVATAR PROPERTIES INC., and AVATAR HOLDINGS INC.

Defendants.
-----------------------------/
CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and

between Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to

as the "Commission" or "EEOC"), Plaintiff-Intervener Linda Redditt (hereinafter "Linda

Redditt" or "Plaintiff-Intervener"), and Defendant, Avatar Holdings Inc. (hereinafter referred

to as "Avatar Holdings1"). The Commission, Plaintiff-Intervener, and Avatar Holdings are collectively referred to herein as "the Parties."

1 It is expressed and understood that this Consent Decree pertains to and is applicable only to Avatar Holdings' operations in the State of Florida.

.t ,J \ Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 2 of 16
2. On March 31, 2000, EEOC initiated this action by filing its original Complaint in the United States District Court for the Middle District of Florida, Fort Myers Division, Civil Action No. 2:00 CV135 FTM 29D, based upon a charge filed by Linda Redditt (EEOC Charge No. 15L- 97- 0095). On July 13, 2000, EEOC filed an Amended Complaint naming Avatar Properties Inc., Avatar Realty Inc., and Avatar Holdings Inc. as Defendants. EEOC's Amended Complaint alleges that Avatar Holdings and its subsidiaries violated Title VII of the Civil Rights Act of 1964, as amended, including but not limited to,
amendments authorized by the Civil Rights Act of 1991, 42 U.s.c. Section 2000e et seq.
("Title VII") by subjecting a female employee, Linda Redditt, to unlawful sexual harassment in the form of a hostile work environment. The Complaint further alleges that Ms. Redditt was constructively discharged. On September 5, 2000, the Plaintiff-Intervener became a party to the lawsuit also alleging the same violations of Title VII.
3. In the interests of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry of this Decree. This Decree is final and binding upon the Parties, their successors and assigns. The Parties agree that nothing contained in this Consent Decree or otherwise shall constitute or be construed as an admission of any alleged liability or wrong doing by Avatar Holdings Inc.
4. The Parties agree that this Decree resolves all claims arising out of EEOC Charge Number 15L- 97- 0095 and the Complaints filed in this action, and constitutes a complete resolution of all claims under Title VII that were made by the Commission and Plaintiff-Intervener in this action.
2

·. Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 3 of 16
5. NOW, THEREFORE, the Court having carefully examined the terms and provisions of this Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
JURISDICTION 6. This Court has jurisdiction of the subject matter of this action and over the Parties for the purposes of entering and enforcing this Decree.
GENERAL INJUNCTIVE PROVISIONS 7. Defendant Avatar Holdings, its officers and/or employees, are enjoined from engaging in conduct which violates Title VII of the Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment because of the gender of that individual and/or by subjecting an individual to sexual harassment or circumstances which lead to the constructive discharge of an individual due to sexual harassment. 8. Defendant Avatar Holdings, its officers and/or employees, are enjoined from discriminating against any employee who opposes any of Defendant's practices which the employee believes to be a violation of the Title VII; who files a charge of discrimination with the EEOC alleging violation(s) of such statute; who cooperates with the EEOC in the investigation and/or prosecution of any charge of discrimination; or who cooperated in the investigation or prosecution of this case.
SEXUAL HARASSMENT POLICY AND TRAINING 9. Defendant Avatar Holdings has established a written policy against sexual harassment, which is attached as Exhibit A. Defendant Avatar Holdings agrees that all its
3

I,

•. Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 4 of 16

employees and managers will have been provided with a complete copy of its policy against sexual harassment within thirty (30) days of the entry of this Decree.
10. In order to further ensure the effective implementation of Defendant Avatar Holdings' anti-discrimination policy, Avatar Holdings will conduct training for all of its managers and supervisory personnel on gender discrimination with specific emphasis on recognizing sexual harassment and the proper procedure to be followed if they become aware of sexual harassment in the workplace or if they receive a complaint of such harassment. Avatar Holdings agrees to provide the EEOC, at least two weeks notice before it conducts its training session(s), with the date(s) and location(s) of the training, the identification of the training materials to be used at the training session, the name of the individual(s) who will be providing the training, and a general description of the category of employees who will be in attendance at the training. Additionally, Avatar Holdings agrees that the EEOC shall, at the EEOC's discretion, be in attendance at each training session(s).
11. Defendant Avatar Holdings agrees that the training described in paragraph 10 shall be conducted within one hundred and eighty (180) days of the entry of this Decree. And, should thereafter take place annually for the duration of this Decree. Avatar Holdings further agrees that the training described in paragraph 10 shall be given to all new managers and supervisors, who did not attend the annual training, within sixty (60) ~of being placed in a management or supervisory position.
12. Avatar Holdings agrees that all new employees shall be given a copy of its Policy Against Sexual Harassment; and Avatar Holdings further agrees that new employees
4

I' Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 5 of 16
will be advised that any complaints of sexual harassment should be reported in accordance with that policy.
POSTING 13 Avatar Holdings will post the Notice, attached as Exhibit B, no later than July 15, 2001. Said notice shall be posted at Avatar Holdings headquarter's office in Coral Gables, Florida and all satellite administration offices for the duration of this Decree in a conspicuous location accessible to all employees such as an employee bulletin board and/or break/lunch room.
MONITORING 14. Avatar Holdings will retain all employment records relating in any way to any complaint or allegation of sexual harassment for the duration of this Decree and as required under federallaw. 15. Avatar Holdings will certify to the EEOC annually throughout the duration of this Decree that it is in compliance with all aspects of this Decree. The first such certification wi" be due no later than thirty(30) days from the first training provided pursuant to paragraph 10. With each certification Avatar Holdings will further provide the EEOC with the name, address, and phone number of any person who alleges they have been sexually harassed while working for Avatar Holdings during the preceding six month period. Avatar Holdings will also state the actions taken in response to each such allegation and provide any and all documentation associated with such complaint.
5

Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 6 of 16

,I

t,

MONETARY RELIEF

16. Avatar Holdings agrees to pay a total sum in the amount of $55,000.00

(fifty-five thousand dollars), within ten (10) calendar days from the Court's execution of this

Decree. The amount will be disbursed as follows:

(a) Avatar Holdings shall pay Linda Redditt $36,500.00 (thirty-six thousand and

five hundred dollars) in compensatory damages. Further, Avatar Holdings will issue Ms.

Redditt an I.R.S. form 1099 as required by law.

(b) In consideration of the legal representation afforded to Linda Redditt, Avatar

Holdings shall pay $18,500.00 (eighteen thousand and five hundred dollars) in attorney's

fees to Mr. Dennis Webb, Esquire.

The payment to Ms. Redditt shall be made by check to Linda Redditt in trust of

Dennis Webb, Esq., Law Offices of Webb & Scarmozzino, and forwarded to Mr. Dennis

Webb, Esq., Law Offices of Webb & Scarmozzino, 1617 Hendry Street, Third Floor, Fort

Myers, Fl 33901, by certified mail with a return receipt requested. The payment to Mr.

Webb shall also be made by check and forwarded by certified mail with a receipt return

requested to Mr. Webb's business address listed above.

17.

Avatar Holdings agrees to simultaneously provide the EEOC with copies of

the payments set forth in paragraph 16 above. Said copies shall be forwarded to the

attention of Carla Von Greiff, Trial Attorney, at the Tampa Area Office of the EEOC, 501

East Polk Street, Room 1020, Tampa, Florida, 33602.

18. If Avatar Holdings fails to tender the above-mentioned payments within the

ten-day period agreed upon, Avatar Holdings shall pay interest on the defaulted payments

6

, . Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 7 of 16

at the rate calculated pursuant to 26 U.s.c. Section 6621 (b) until the same is paid, and bear

any additional costs incurred by the EEOC caused by the non-compliance or delay of the

Defendant.

ENFORCEMENT OF DECREE

19. The Commission shall have independent authority to seek the judicial

enforcement of any aspect, term or provision of this Decree.

20. The Court will take whatever measures it deems appropriate to effectuate the

enforcement of the terms of this Decree.

COSTS

21. Avatar Holdings and the EEOC shall bear their own costs and attorneys' fees

associated with this litigation.

DURAliON OF DECREE

22. This Decree shall remain in effect for three (3) years from the date of the

Court's execution of the Decree. During that time, this Court shall retain jurisdiction over

this matter and the Parties for purposes of enforcing compliance with the Decree, including

such orders as may be required to effectuate its purposes.

AGREED TO:

FOR THE PLAINTIFF,

UNITED STATES EQUAL by:

'II( PLOYMENT OPPORTUNITY COMMISSION 10 1

Delner Franklin- omas

Regional Attorney

Miami District Office

United States Equal Employment Opportunity Commission

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

7

,I
, '

Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 8 of 16

AGREED TO: FOR THE PLAINTIFF INTERVENER, LINDA REDDin.

",(/~ By:

Date: _'--+-)J_'-f-J.l.JO_1_ _

Dennis Webb, Esq.

. I

Webb & Scarmozzino, P.A.

Attorney for Linda Redditt

161 7 Hendry Street,

Third Floor,

Fort Myers, Florida 33901

AGREED TO: FOR THE DEFENDANT, AVATAR H LDINGS INC.

By:

Date: tp(:l-r/v (

ur Cholodofs ,Esq.

Law Offices of St ven Ziegler, P.A.

Attorney for Defendant

Presidential Circle

4000 Hollywood Boulevard

Suite 375 South

Hollywood, Florida 33021

SO ORDERED, ADJUDGED AND DECREED, this _ _ day of _ _ _ _ _ _'
2001.

Copies furnished: To All Counsel of Record

The Honorable John E. Steele United States District Judge

8

. .It/I '

Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 9 of 16

EXHIBIT "An AVATAR HOLDINGS POLICY

9

Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 10 of 16

[ A VATAR___~_UBJE_L_IC_~_T~_P_R_OC_.F._'D__llRE_M_ AN_UAL_S_EC_n_ON_:______

Paae: 1 of 4 Date Issued: 031812001

TOPIC: HARASSMENT FREE WORKPLACE

Avatar DoldJup IDe., and Its related companies are opposed to and prohibit without qualification, th~ barassment of anyone on the basis of gender. race, religion, uationaJ oriPa, aac, dlsabUity, pregnancy and marital status. Sexual or other fOnDS of harassment YioJate lUI
iDdt'fiduaJ's basic: civO rlgbtB, undennlne the intepity of the workplace, and adversely alleet workers aud clients whether or DOt they are direct subjects of haraUlDftlt. Sexual barassmeDt is a fonn uf dlsaimiDatlon 00 the basis of sex and Is, tberefOl'e, prohibited in the workplace by local, state and federal jaw_ It is also unlawful fo.. an rmployer or ro-worker to retaliate a,abut an empluyee tor tD.Iog a complaint of sexual or other fol'QJs of harawneat 01' for cooperatinc in aD inTeStipUOD of barassmeDt.
AU employees, JodudiJq: but Dot limited to stair, supervisors, manaeen. diredors and
officers are required to cowply wkh tIltS policy and take appropriate measures to enalre that sexual or other forms 01 hil.l"DmJent do not occur. DisdpUnary actioD at Avatar'l dl~retIoa
up to and indudlac tcnniuatJcm, w:IU be taken against any employee who enaaaes in 5eXI1A1 or
other fonDl of harassment that ylolate tIds policy.
lD addition. every m:.maaer and supenisoc wltIdD Avatar bas a duty to provide a work place
free from har8QlJlellt. 11ds duty includes 1Df0rmma aDd dlscussiDg this policy with aU employees; ensuriDQ that elDpJoyees know they are not required to endure sexual or other forms of barassmentj that sexual or other forms of harassment will not be allowed or tolerated; that tid. poUcy will be enforced; amd that cbarges of harassment will be lnapardaby and immediat.f'q mvesdgatecl. Any manaaer or supervisor who does not deal with sexual or
other forms of hAJ'8QIDeDt complalDu coosulalt wItb the terms of this policy may be subject to appropriate disdplhuu-y adioa.
DEFlNITJON 01" SEXUAL H4RASSMRNT;
Sexual harassment js 8 form of sex dlseriminatioD and .Deans UDweiCODle sexual advances, requesU for sexual favors, and other verbal or pbysical \'"uDduet of a sexual nature, when:
a) Submission to 5Um eoDduet is made explicitly ur lmpJicldy a term or conditioa 01
employment, or
b) Submission to or rejection of such (".onduct by an individual is ~ed as a componeot oftbe basis for employment dedsioDS affecting that individual, 01'
c) The conduct has the purpose or effect of unre.asouably intcrferln. willi l1li jndh1dual's work perConoance or of creatJna an intimidafjna, bostIle, or oRellSbe work eo'flromnent
or, d) Directly probiblted by appUcable Jaw.
I

.,f ., to I. IC, ase 2:00-cv-00135-JES Document 29
;

Filed 07/20/2001 Page 11 of 16

PR.DRlBITEP £QNDllCT: Sexual harassment can be verbal, pbysical, auditory, or vISual. Jt can be subde or overt.
Sexual harassment reft".rs to bebal'ior that is Dot ouly unwelcome, but "bleb caD also be personaDy oD'ensi'fe, 'ail~ to respect the rights of otben, Jowers morale, interferes with work
effectiveness. and/or violates a person', &ClUe of weU-bdng.

Both men and women can he vietiDu of sexual harassment and II can occur in situatiou wbere one persoP has authority (or the appearance of autborlty) over anodier, as well as occurrina between two person.~ nf equal enaploymcnt levels. Same sex barassment (where of1enders and victim are the same sp.x) Is also prohibited.

Managers, supenison and employP.H with the appearance 01 authurity sbaU Dot tJareateD or insinuate, either expBcitly or implicitly. that an employee" sub~ioD to or rejection of
sexual harassment will fa any way afTr.ct the employee's anploymcul, evaluadou, waps,
advancement, assiped duties. shlth, or any other conditioa 01 emploYJneDl or caner
del'elopment. Harassment by co.workPrJ is also unlawful and prohibited by applicable
federal, state and local laws even though the loss to the vidim may not involYe the taDpble
beDeDts outlined above•

.Examp'''' of other fonns 01 prohibited sexual harassment may baclude, but not be UmIIed to the foDowiDg:

Ycrbali

Sexual hmueocios, suaestive comments, jokes of a sexual nature, _peaka...

about sexual positions, threats, unwelcome sexual DlnatJoWl, persistent requau fOl' data.

degrading words used to describe an individual or, othpr l'l"rbaJ COnuDents 01 allCOl8l oature,

and graplUc commentaries about an Jndhiduals body.

Nop-Verbal: SuuaUy suggestive or offensive objecti1'eriI or pictures, written comments,
sUKga"tlve or losuItiDg soUllds, JeerfDg, whistliDa. obscene aP.Stu.rel.

Pbysigl; Unwanted pbysical contact Including touching. pincbin.g or brushins the body, coerced ~aI intercourse, and assault.

REPOR"[ING AND RESOLUTION OF COMPLAINTS

Avotar through tbiI poUcy, coDUllfts itself to quick: and efTective actions to ensure that sexual or other fornu of harassment does not occur or persist. Downer, the fulfillment 01 that
commitment wiD In larce pan depend on tbe willingness of employees to report prohibited
behavior. A tiJDd), respwue to sexual or other forms of harassment is essential to proted
victims frOJD furlber' UIIwdc:ume bebavior.

It also msures that the penon responstble for the obJectionabJe beha\'iOl' undentands IbJ impact on others. A timely report provides the beSt opportunity for the employer to
expeditiously and e.ft'«tf.ely addrcsaail the matter.

2

'. , I ... II , Case 2:00-cv-00135-JES

'

~

Document 29

Filed 07/20/2001 Page 12 of 16

Tberefore~ aU emploYHs must report any Incidences of sexual or other forms of harassment,
witnessed. knoWII or or •.xperieoced.
Any employee wbo believes that they or any other employee bas beeII the subject of harassment must report the aDeged act(s) as 800B as possible to anyone of the foUowing:
- The immediate supenUor • Any departmeJ1taJ manap..... stall - The local Bllman ResoU1'tfJ5 Represeatative - The local ProjectlResort Manager or Dmsloa Viec-PrcsIdcnt - Any member of the Corporate HIIJDaD Resources Departmeut
- AD attorney iD the Leaal Department
- Ally Corporate (A,,&tar HoldlalllDc.) offteer
All complaints of harassmmt received by ~lIpervUonJ m8lUl&CI'S, diredon, project and resort
managers or omeers must be referred imlll@diately, both orally and in wrJlInI. to the
Corporate Human ResOlU'CeS Department ADd to an aUomcy ill the Legal Deparbnent.
Any employee found to intimidate, harass, or inwrfere with the filing of • COIuplalnl or tile investigatiOD of a complaint or who iDtentionaJly Illes a false complabat 01 hara.ment will be subject to appropriate disclpline, up to and includinlllPmediate tenaiDBtIoa, at A~atar'l sole
IIIId absolute cIiIcredoD. AU complaints will be handled Oll a eonftdCDtlal buJs where appropriate and possJbJe.

All new hires must be prol'lded witb a copy of tbe BarasslDl'.nt Free Workplace Polley and Procedure at the date of hire. ID additioD, aU Dew hires must parti..Jpate in Harassment Free
Workplace 'ndulng witbin llO days of hire and auauaUy thereaftr.r.
Mlmaceriall SuoqyJBoO' EmpJoyees fmcludig but not lilDited to deoartment helda. fyperiBteDdcut.s, dO[ m8Dllemeat team)
AD Dlaoageriaill!lUpervisory employees must be trained OD their rPJJpolllibUJtiea ad expedatiollS ill addreslJq sexual or other 10l11li of harassment in the workplace with 120 days of date of hire 01" promotion and annually thereafter.
New 1D8D8geriaJ/superrisOl'y employees, who did Dot partidpate in the anoual tra'oiaa prograOl. must receive traininc with 1,ZO days of such cbao,e ill positloD.
The Avatar Bar_BOJent Free Workphtce PoUcy must be inducted in aU Dew hire paekage... Tbe Aclmowlf'.dgemeat Sheet must be l.uopleced and a copy sent to the Corporate Human Rrsource.fi ror new hlces and traininl prOIl'8ID partldpants.

3

. .. .C,ase 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 13 of 16

,

I

".

AU Harassmcut Free Workplaa: tra.tnJna materials must be approved by the Corporate
Hmuan Resources before presentation to employees.

If any conftlct exists betweeo tbb poDey aod any appHcable federal, state or loeallaws, the latter .baD eo.utrol.

THIS POUCY SUPERSEDES ALL PREVIOUS SEXUAL HAKASSMENT POUCIES

,•• j" ~",Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 14 of 16
, .. .

AVATAR HARASSMENT FREE WORKPLACE ACKNOWLEDGEMENT SHEET

J hereby acknow1cdsc the fullowing regarding Avatar's Harassment Free Workplace infonnlltion: Please check the appl update Jine.

I received 8 copy ofAvatar's IJanwlDent Free Workplace Policy and Procedure information.

On

T participated in a training plUgram addressing Avatar's

Harassment Free WorkpJace.

I acknowledse that J was hired/promoted to a m:mosQial or supervisory position

OD

and have received Avatar's Harassment Free Workpw.e Pulicy

and Procedure and participated in the training program addreaaing Avatar'.

HarawneDt Free Workplace.

I ft.arthcr acknowledge that by signing below I am aware ofand Wlderstand the contents of Avatar's I-Iaras".nent Free Workplace Policy and sbaJJ be held responsible fur it. content.

Name (please Print)

Location (please Print)

Signature

Human Resources Representative (Print Name)

Si8uKtu~

Date

• •• Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 15 of 16
EXHI81T "8" NOTICE
10

· . Case 2:00-cv-00135-JES Document 29 Filed 07/20/2001 Page 16 of 16

NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
AND AVATAR HOLDINGS INC.

This notice is being posted pursuant to a Consent Decree entered by the Court in

Equal Employment Opportunity Commission v. Avatar Realty Inc.. Avatar Properties Inc"

and Avatar Holdings Inc. Civil Action No. 2:00 CV135 FTM 290. Avatar Holdings Inc. has

agreed that it will not discriminate against employees in violation of Title VII of the Civil

Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment

discrimination because of their race, religion, color, sex (including sexual harassment and

pregnancy) and/or national origin. Title VII also protects individuals from retaliation for

having complained of an unlawful employment practice. Avatar Holdings Inc. will not

condone discrimination of any kind as set forth in federal laws, including, but not limited

-

to, sexual harassment.

~

Furthermore, Avatar Holdings Inc. assures its employees that it supports Title VII

and will not take any action against an individual because he/she has exercised his/her

rights under the law to oppose discriminatory acts or to file charges with the EEOC.

Appropriate corrective action, up to and including termination, shall be taken

against any employee (including management personnel) found to violate the policies

regarding discrimination, based upon the circumstances involved.

This notice shall remain posted for three (3) years from the date signed. Employees

or applicants for employment who have questions about their rights under Title VII or any

other federal anti-discrimination law may telephone the Miami District Office of the Equal

Employment Opportunity Commission at 1-800-669-4000.

Signed this __ day of ___,' 2001.

Dennis J. Getman, Esquire
Executive Vice-President/General Counsel Avatar Holdings Inc.

11

 
 Case 2:00-cv-00135-JES Document 30 Filed 07/23/2001 Page 1 of 3

FILED

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

01 JUL 23 AM 8: 48

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff, and

r

LINDA REDDIT

Plaintiff Intervener

vs.

Case No. 2:00-cv-135-FTM-29DNF

AVATAR REALTY INC., AVATAR PROPERTIES INC. and AVATAR HOLDINGS INC.
Defendants

ORDER This matter is before the Court on a Consent Decree (Doc. #29) submitted by the parties for the Court's approval. After reviewing the Consent Decree, the Court declines to approve it for the following reasons: 1. The Court finds no reason for it to retain jurisdiction to enforce the settlement between the parties, and declines to do so. 2. Footnote 1 appears to be incomplete, and paragraph 9 appears to have material missing.

Case 2:00-cv-00135-JES Document 30 Filed 07/23/2001 Page 2 of 3

3. Paragraphs 7 and 8 merely restate the law, and the Court

declines to issue an injunction and retain jurisdiction to enforce

an injunction which merely compels a party to obey the law.

Accordingly, it is now

ORDERED:

The Consent Decree (Doc. #29) is not approved by the Court.

The parties may of course resolve the case with the settlement set

forth in the Consent Decree without the Court's retention of

jurisdiction.

Unless the Court is notified that the case has been settled,

the case shall remain on the Court's calendar for the events and

dates previously scheduled.

c9~ DONE AND ORDERED at Fort Myers, Florida, this

day of

July, 2001.

Copies: Counsel of Record Radhika Montgomery ~ Diane Gosser

STEELE UNI STATES DISTRICT JUDGE

2

Case 2:00-cv-00135-JES FDoIcuLmeEnt 30COFPiledY07/23/2001 Page 3 of 3
Date Printed: 07/23/2001
Notice sent to:
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gilbert Carrillo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Lauren A. Greenbaum, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St. 10th Floor Timberlake Federal Building Annex Tampa, FL 33602
Arthur Cholodofsky, Esq. Steven M. Ziegler, P.A. 4000 Hollywood Blvd., Suite 375 S. Hollywood, FL 33021
Dennis Louis Webb, Esq.
Webb & Scarmozzino, P.A.
1617 Hendry St., Third Floor Ft. Myers, FL 33901

 
 Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 1 of 19

~

I

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

-vs-

Case No. 2:00-cv-135-FtM-29D

AVATAR PROPERTIES, INC., flk/a Avatar Holdings, Inc.,

Defendant.

JUDGMENT IN A CIVIL CASE

IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order dated August 24,2001, judgment is entered according to the attached Consent Decree.

Date: August 29, 2001

SHERYL L. LOESCH, CLERK By:
~~-+----------~--~~---

c: All parties and counsel of record

Case 2:00-cv-00135-JES CDIVoIcLuAmPePnEtA3L4S CHEFCilKeLdI0ST8/29/2001 Page 2 of 19
1. Appealable Orders: Courts of Appeals have jurisdiction conferred and strictly limited by statute:
Appeals trom Final Order Pursuant to 28 US. C. §1291: Only final judgments (or orders) ofdistrict courts (or final orders ofbankruptcy courts which have been affirmed by a district court under 28 U.S.C. § 158) usually are appealable. A "fmal" order is one which ends the litigation on its merits and leaves nothing for the district court to do but execute the judgment. A magistrate's report and recommendation is not usually final until judgment thereon is entered by a district court judge. Compare Fed.R.App.P. 5.1, 28 U.S.C. §636(c).
In cases involving multiple parties or multiple claims, a judgment as to fewer than all parties or all claims is not a final, appealable decision. Fed.R.Civ.P. 54(b) does permit the district court to expressly direct entry ofthe judgment as to fewer than all ofthe claims or parties. See Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1369 (1 Jlh Cir. 1983), cert. denied 464 U.S. 893 (1983). Certain matters, such as attorney's fees and costs, are collateral and do not affect the time for appealing from the judgment on the merits. Buchanan v. Stanships, Inc., 485 U.S. 265, 108 S.Ct. 1130,99L.Ed2d289(l988):Budinichv.Becton,486U.S. 196, 108S.Ct. 1717, 100L.Ed2d 178(1988).
Appeals Pursuant to 28 Us.c. §l292(b) and FRAP 5: The certificate specified in 28 U.S.C. §)292(b) must be obtained before an application for leave to appeal is filed in the Court of Appeals. Denial or refusal by the district court to issue the certificate is not itself applicable.
Appeals Pursuant to 28 Us.c. f1292(a): Pursuantto this statute, appeals are permitted from orders "granting, continuing, modifying, refusing or dissolving injunctions or refusing to dissolve or modify injunctions...." and "[iJnterlocutory decrees...determing the rights and liabilities of parties to admiralty cases...." This statute does not permit appeals from temporary restraining orders.
Appeals Pursuant to Judicially Created Exceptions to the Finality Rule: These limited exceptions are discussed in many cases, including (but not limited to): Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541,69 S.Ct. 1221,93 L.Ed 2d 1528 (1949); Forgay v. Conrad, 6 How. (47 U.S.) 201 (1848); Gillespie v. United States Steel Corp., 379 U.S. 148, 152,85 S.Ct. 308, 311, 13 L.Ed. 2d 199 (1964); Atlantic Federal Savings & Loan Assn. OfFt. Lauderdale v. Blythe Eastman Paine Webber, Inc., 890 F.2d 371 (ll'h Cir. 1989). Compare Coopers and Lybrand v. Livesay, 437 U.S. 463, 98 S.Ct. 2454, 57 L.Ed 2d 351 (1978); Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 108 S.Ct. 1133,99 L.Ed. 2d 296 (1988).
2. Time for FiJine: To be effective a notice of appeal must be timely filed. Timely filing is jurisdictional. In civil case FRAP 4(a) and 4(c) set the following time limits:
FRAP 4(a)(l): The notice ofappeal required by FRAP 3 "must be filed with the clerk of the district court within 30 days after the date ofentry of the judgment or order appealed from; but if the United States or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after such entry...." (Emphasis added). To be effective, the notice ofappeal generally must be filed in the district court clerk's office within the time permitted. If a notice of appeal is mailed, it must be timely received and filed by the district court to be effective. FRAP 4( c) establishes special filing provisions for notices of appeal filed by an inmate confined in an institution, as discussed below.
FRAP 4(a)(3): "If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period last expires." (Emphasis added).
FRAP 4(a)(4): Ifill!V party makes a timely motion in the district court under the Federal Rules of Civil Procedure ofa type specified in FRAP 4(a)(4), the time for appeal for all parties runs from the entry of the order disposing of the last such timely filed motion outstanding.
FRAP 4(a)(5) and FRAP 4(a)(6): The district court has power to extend the time to file a notice of appeal. Under FRAP 4(a)(5) the time may be extended if a motion for extension is filed within 30 days after expiration of the time otherwise permitted to file a notice of appeal. Under FRAP 4(a)(6) the time may be extended if the district court finds upon motion that a party has not received notice of entry of the judgment or order and that no party would be prejudiced by extension.
FRAP 4( c): "Ifan inmate confmed in an institution files a notice of appeal in either a civil case or a criminal case, the notice of appeal is timely if it is deposited in the institution's internal mail system on or before the last day for filing. Timely filing may be shown by a notarized statement or by a declaration (in compliance with 28 U.S.C. f1746) setting forth the date of deposit and stating that first~class postage has been prepaid."
3. Format of Notice of Appeal: Form 1, FRAP Appendix of Forms, is a suitable format. See also FRAP 3( c). A single notice of appeal may be filed from a (single) judgment or order by two or more persons whose "interests are such as to make joinder practicable...." [FRAP 3(b)].
4. Effect of Notice of Appeal: A district court loses jurisdiction (authority) to act after the filing of a timely notice of appeal, except for actions in aid of appellate jurisdiction (~Fed.R.Civ.P. 60) or to rule on a timely motion of the type specified in FRAP 4(a)(4).

Case 2:00-cv-00135-JES Document 34

Filed 08/29/2001 Page 3 of 19
F\LEO

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLO. AUG 22

Pi; 3~ 30

('

FORT MYERS DIVISION EQUAL EMPLOYMENT OPPORTUNITY

.' .-"~l['T C:I'.1f.1

r' C' ._ ..... ,t 1 I

r ".,.

r \ ;t~lII.[·lO\.,C.

.-
l..

',":;.~

\

"~\''I'\~e~~J~- t\\""I~,0~~"j I~J;.{U~lf..

I II
l,-'

n. \:1l "." c.

COMMISSION,

Plaintiff,

and

LINDA REDDITT,

Plaintiff- Intervener,

CIVIL ACTION NO.

2:00 CV135 FTM 29D

v.

AVATAR REALTY INC., and AVATAR PROPERTIES INC., and AVATAR HOLDINGS INC.

Defendants.
-------------------------------/
CONSENT DECREE

1. This Consent Decree (the "Decree") is made and entered into by and between

Plaintiff, the Equal Employment Opportunity Commission (hereinafter referred to as the

"Commission" or "EEOC"), Plaintiff-Intervener Linda Redditt (hereinafter "Linda Redditt" or

"Plaintiff-Intervener"), and Defendant, Avatar Holdings Inc. (hereinafter referred to as "Avatar

Holdings!"). The Commission, Plaintiff-Intervener, and Avatar Holdings are collectively referred

to herein as "the Parties."

2. On March 31,2000, EEOC initiated this action by filing its original Complaint in the

United States District Court for the Middle District of Florida, Fort Myers Division, Civil Action

I It is expressed and understood that this Consent Decree pertains to and is applicable only to Avatar Holdings' operations in the State of Florida.

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 4 of 19
No. 2:00 CV135 FTM 29D, based upon a charge filed by Linda Redditt (EEOC Charge No. 15L97- 0095). On July 13,2000, EEOC filed an Amended Complaint naming Avatar Properties Inc., Avatar Realty Inc., and Avatar Holdings Inc. as Defendants. EEOC's Amended Complaint alleges that Avatar Holdings and its subsidiaries violated Title VII of the Civil Rights Act of 1964, as amended, including but not limited to, amendments authorized by the Civil Rights Act of 1991, 42 U.S.C. Section 2000e et seq. ("Title VII") by sUbjecting a female employee, Linda Redditt, to unlawful sexual harassment in the form of a hostile work environment. The Complaint further alleges that Ms. Redditt was constructively discharged. On September 5, 2000, the PlaintiffIntervener became a party to the lawsuit also alleging the same violations of Title VII.
3. In the interests of resolving this matter and as a result of having engaged in comprehensive settlement negotiations, the Parties have agreed that this action should be finally resolved by entry ofthis Decree. This Decree is final and binding upon the Parties, their successors and assigns. The Parties agree that nothing contained in this Consent Decree or otherwise shall . constitute or be construed as an admission of any alleged liability or wrong doing by Avatar Holdings Inc.
4. The Parties agree that this Decree resolves all claims arising out of EEOC Charge Number 15L- 97- 0095 and the Complaints filed in this action, and constitutes a complete resolution of all claims under Title VII that were made by the Commission and Plaintiff-Intervener in this action.
5. NOW, THEREFORE, the Court having carefully examined the terms and provisions ofthis Decree, and based on the pleadings filed by the parties, it is ORDERED, ADJUDGED AND DECREED THAT:
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Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 5 of 19
JURISDICTION 6. This Court has jurisdiction ofthe subject matter ofthis action and over the Parties for the purposes of entering and enforcing this Decree. 7. No party shall contest jurisdiction of this federal court to enforce this Decree and its terms or the right of the EEOC to bring an enforcement suit upon breach of any of the terms of this Decree.
GENERAL PROVISIONS 8. Defendant Avatar Holdings, its officers and/or employees, agree not to engage in conduct which violates Title VII ofthe Civil Rights Act of 1964, as amended, by adversely affecting the terms and conditions of any individual's employment because of the gender of that individual and/or by sUbjecting an individual to sexual harassment or circumstances which lead to the constructive discharge of an individual due to sexual harassment. 9. Defendant Avatar Holdings, its officers and/or employees, agree not to discriminate against any employee who opposes any ofDefendant's practices which the employee believes to be a violation ofthe Title VII; who files a charge of discrimination with the EEOC alleging violation(s) ofsuch statute; who cooperates with the EEOC in the investigation and/or prosecution ofany charge of discrimination; or who cooperated in the investigation or prosecution of this case.
SEXUAL HARASSMENT POLICY AND TRAINING 10. Defendant Avatar Holdings has established a written policy against sexual harassment, which is attached as Exhibit A. Defendant Avatar Holdings agrees that all its employees and managers will have been provided with a complete copy of its policy against sexual harassment within thirty (30) days of the entry ofthis Decree. 11. In order to further ensure the effective implementation ofDefendant Avatar Holdings'
3

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 6 of 19
anti-discrimination policy, Avatar Holdings will conduct training for all of its managers and supervisory personnel on gender discrimination with specific emphasis on recognizing sexual harassment and the proper procedure to be followed ifthey become aware of sexual harassment in the workplace or ifthey receive a complaint ofsuch harassment. Avatar Holdings agrees to provide the EEOC, at least two weeks notice bebre it conducts its training session(s), with the date(s) and location(s) of the training, the identification of the training materials to be used at the training session, the name ofthe individual(s) who will be providing the training, and a general description of the category of employees who will be in attendance at the training. Additionally, Avatar Holdings agrees that the EEOC shall, at the EEOC's discretion, be in attendance at each training session(s).
12. Defendant Avatar Holdings agrees that the training described in paragraph 11 shall be conducted within one hundred and eighty (180) days of the entry of this Decree. And, should thereafter take place annually for th~ duration of this Decree. Avatar Holdings further agrees that the training described in paragraph 11 shall be given to all new managers and supervisors, who did not attend the annual training, within sixty (60) days ofbeing placed in a management or supervisory position.
13. Avatar Holdings agrees that all new employees shall be given a copy of its Policy Against Sexual Harassment; and Avatar Holdings further agrees that new employees will be advised that any complaints of sexual harassment should be reported in accordance with that policy.
POSTING 14 Avatar Holdings will post the Notice, attached as ExhibitB, no later than September 15, 2001. Said notice shall be posted at Avatar Holdings headquarter's office in Coral Gables, Florida and all satellite administration offices for the duration of this Decree in a conspicuous
4

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 7 of 19
location accessible to all employees such as an employee bulletin board and/or break/lunch room. MONITORING
15. Avatar Holdings will retain all employment records relating in any way to any complaint or allegation of sexual harassment for the duration of this Decree and as required under federal law.
16. Avatar Holdings will certify to the EEOC annually throughout the duration of this Decree that it is in compliance with all aspects ofthis Decree. The first such certification will be due no later than thirty(30) days from the first training provided pursuant to paragraph 11. With each certification Avatar Holdings will further provide the EEOC with the name, address, and phone number of any person who alleges they have been sexually harassed while working for Avatar Holdings during the preceding six month period. Avatar Holdings will also state the actions taken in response to each such allegation and provide any and all documentation associated with such complaint.
MONETARY RELIEF 17. Avatar Holdings agrees to pay a total sum in the amount of $55,000.00 (fifty-five thousand dollars), within ten (10) calendar days from the Court's execution of this Decree. The amount will be disbursed as follows: (a) Avatar Holdings shall pay Linda Redditt $36,500.00 (thirty-six thousand and five hundred dollars) in compensatory damages. Further, Avatar Holdings will issue Ms. Redditt an I.R.S. form 1099 as required by law. (b) In consideration ofthe legal representation afforded to Linda Redditt, Avatar Holdings shall pay $18,500.00 (eighteen thousand and five hundred dollars) in attorney's fees to Mr. Dennis Webb, Esquire.
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Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 8 of 19

The payment to Ms. Redditt shall be made by check to Linda Redditt in trust of Dennis

Webb, Esq., Law Offices of Webb & Scarmozzino, and forwarded to Mr. Dennis Webb, Esq., Law

Offices of Webb & Scarmozzino, 1617 Hendry Street, Third Floor, Fort Myers, FI 33901, by

certified mail with a return receipt requested. The payment to Mr. Webb shall also be made by check

and forwarded by certified mail with a receipt return requested to Mr. Webb's business address listed

above.

18.

Avatar Holdings agrees to simultaneously provide the EEOC with copies of the

payments set forth in paragraph 17 above. Said copies shall be forwarded to the attention of Carla

Von Greiff, Trial Attorney, at the Tampa Area Office of the EEOC, 501 East Polk Street, Room

1020, Tampa, Florida, 33602.

19. If Avatar Holdings fails to tender the above-mentioned payments within the ten-day

period agreed upon, Avatar Holdings shall pay interest on the defaulted payments at the rate

calculated pursuant to 26 U.S.C. Section 6621 (b) until the same is paid, and bear any additional costs

incurred by the EEOC caused by the non-compliance or delay of the Defendant.

ENFORCEMENT OF DECREE

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

of any aspect, term or provision of this Decree.

21. The Court will take whatever measures it deems appropriate to effectuate the

enforcement of the terms of this Decree.

COSTS

22. Avatar Holdings and the EEOC shall bear their own costs and attorneys' fees

associated with this litigation.

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Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 9 of 19

DURATION OF DECREE 23. This Decree shall remain in effect for three (3) years from the date of the Court's execution of the Decree.

AGREED TO: FOR THE PLAINTIFF, UNITED STA~ES EQUf9MPLOYMENT OPPORTUNITY COMMISSION
81 by: ~tJ)t.h~ Date: l$ft>' Delner Franklin-Thomas Regional Attorney Miami District Office United States Equal EmploY111ent Opportunity Commission One Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131

AGREED TO: FOR THE PLAINTIFF INTERVENER, LINDA REDDITT.

bY·~lh Y;E 1 . ~llIl1;webb, Esq. Date:

J D}

Webb & Scarmozzino, P.A.

Attorney for Linda Redditt

1617 Hendry Street,

Third Floor,

Fort Myers, Florida 33901

AGREED TO: FOR THE DEFENDANT, AVAT HOLDINGS INC.
Date: ~/~/o I I I
sky, Esq. Law Offices 0 Steven Ziegler, P.A. Attorney for Defendant
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Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 10 of 19
Presidential Circle 4000 Hollywood Boulevard Suite 375 South Hollywood, Florida 33021
SOORDERED'ADJUDGEDANDDECREED,thJ!{jYOf--'~~I.4fo!'...J-I-_'2001.
norable John E. teele States District Judge

.EILED

Y/Lli/l

D~tr

1,'11e

C[ERK, U. S. DlSTR!CT C'l': 'r
MIDDLE DISTRICT OF !'l_O,cD
EL MYERS, FLORIDA

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Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 11 of 19
EXHIBIT "A" AVATAR HOLDINGS POLICY

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 12 of 19

A VATAR

=~~ PROCFJ)URE MANUAL SECTION:

~( ,
Page: 1 of 4

~--------------------------------------------------------
TOPJC: HARASSMENT FREE WORKPLACE

Date Issued: 03/812001

Avatar Doldlup Inc., and Its related companies are opposed to and prohibit without
qualificadon, the barassment of anyone on the basis of gender. race, religion, national origia, ace, dlsabUfty, pregnancy and marital status. SexuaJ or other forms of harassment violate an
indjyjdual', basic civO rlgbts, undermine the integrity of the 'Workplace, and adversely affed workers and clients wbether or Dot tbey are direct subjects of haraulIWDt. Sexual harassment is a form or d.Iscrim1natJon on the basis of sex aDd Is, therefore, prnhlbited in the workplace by local, state tIIld federal law• It is also unlawful for aD employer or ro-wo.-ker to
or retailate against aD empJuyee ror filing a complaint of sexual or other forms bara~Rm@Dt or
for cooperatiJIg in aD JnTestlgHdoD of harassment•
.AD employees, blduding but DOt limited to staft', supervisors, manaaer8, direclon and
officers are required to comply wftb thIS poticy and take appropriate measures to en511re that sexual or other forms of barassment do not occur. Disciplinary action at AvatarJI; di~retlon up to and includllll tcnninaLiun. Will be taken agaiDSt any employee who engares in sexuAl or
nthf'r forms of horassment that violate this policy.
In addition, e.yery IJIaDap1" aDd supeCTisor wltbIn Avatar bas a duty to provide a work place free from harassment. Tbb duty iDc:Jud~ Informing and discussiDg this poUey witb all
employees; ensuriDa that employees know they are Dot required to endure sexual or other forms of harassment; that sexual or other forms of harassment will not be aJlowed or
tolerated; that this policy will be enforced; and that charges of harassment wiD be ImpartJaby and immediat.eJy investipted. Auy manaau or superVisor who does DOt deal with sexual or other forms of harasJDIeDt complaints consistent with the terms of this policy may be subject to appropriate disciplinary aetion.
DEJi]NJTlON 0.1 SEXIIAL JURASPfflNT;
Sexual harassment is a form of sex dlsaiminatJoD and In~ unwelcome sexual advances,
requests for sexual favor~, and other verbal or physical cunduct of a sexual nature, when:
a) Submission to such C".onduet is mode explicitly ur lmpUdtly a term or condition of employment, or
b) Submission to or rejection of such (,DDduct by an individualls ~ed as a component of the basis for employment decisions affecting thAt indi'ridual, or
c) Tbe conduct has the purpose or eff'ect of DftI'tl.asoD:lbly Interfering will. an JndhiduaJ's work performance or of creatina aD intimidatJng, hostile, or offensive wOI"k environment or,
d) DinctJy prohibited by appUcabJe law.
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Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 13 of 19

PRQRIBIIE.D .cONDUCT: Sexual harassment an b@ verbal, physical, auditory, or visual. It can be subde or overt.
Sexual harassment rerers to behavior that iJ Dot ouly UDweicome, but wblch CaD also be personally offensive, fail~ to respeet the ri,hts of othen, lowers morale, interferes with work
effectiveness. and/or violates a person's SCD8C of weU-bdng.

:Both men and women can be victims of sexual harassment and It can occur in situations where one person has authority (or the appearance of authorUy) over another, as well as occurring between two person.-. nf equal employment levels. Same sex barassment (wbere offenders aDd victim are the same st'x) is also prohibited.

Managers, supervisors and employees with the appearance of autburity sbaD Dot threaten or insinuate, either explicitly or impJidtly. that an employee's sub.w.ion to or rejection of sexual harassment wiD fa any way arrPd the employee's employmeut, evaluatioD, wages, advaDceJDeut, assigned duties, sbllbl, or any otber condition of employment or career dnelopment. Harassment by co-workf'rs is also unlawful and prohibited by applicable federal, state and local laws even though the loss to the victinJ may not involv~ the taDgible
beoeftts outlined above.

Examples of other lomas of prohibited sexual harassment may Include, but not be Umlted to the following:

Verbal:

Sexual Innuendos, sugestive comments, jokes of a sexual nature, 2Jipeaklng

abOut sexual positions, threats, UDWeicome sexual rurtAtJODl) persistent requests for dates.

degrading words used to describe an individual or, othf'r '9erbaJ conuneuts of a aexual mlture,

and graplUc commeotaries about an bldiliduals body.

Nou-Verbal; SexuaUy suegestive or offensive objectJ.e.. or pJdure5, written COmlUellts,
sUKga."tIve or jnsuItiDC sounds, leering, whistling. obscene Cf'.sturel.

Pbysical; Unwanted pbysical contact bJdudiDg touchingt pillL'hina or brushin& the body, coerced 2leXUaJ intercourse, and assault.

DEPORTING AND RESQLU'I'JON OF CQMPLAINTS

Avatar through thi8 poDcy, COJDJDIts ftseJrto quick and effective actions to E'.l1SUI"e that sexual
or other forms 01 bar855lDent does Dot occur or persist. However, the fulftUment of that commitment wiD in large pan depend on the willingness of employees to report prohibited behavior. A timely respuDSe to sexual or other forms of harassmeDt is essential to protect victims frona fbrthcr unwdcume behavior.

It also 1P.n.sures that thc penon respunsfbJe for the objectioDable behavior understands it... impact on ntherr. A timely report provides the beSt opportunity for the employer to
expeditiously aDd effectively addrcsllC3 the walter.

2

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 14 of 19

Tberetore~ all employ~. must report any iocidences of sexual or other forms of harassment, witnessed. known of or f'.xperieneed.

Any employee who belieyt'S that they or any other employee has been the subject of harassment must report the alleged act(s) as soon as possible to anyone of the fonowing:

- The immediate supenilUlr
____; ADy department8J maDiigp.mftat SWr
- The local Human Raource.c Representative
- The local ProjectlResort Manager or DiYis'ou Vice-President
- Any member of the Corporate Human Resourecs Department.
- An attorney in the Leaal Department
- ADy Corporate (A?atar HoJdlnp Inc.) offtcer
All complaints of harassment received by mlperrison, manaaCl'S, dindol"S, project and resort
managers or officers must be referred immediately, both orally and in wrIting, to tbe __Corpor.ateJIumaaResoun:es_Department._ADd-to_an...attomcy_in tbe LegaJDepartment.

Any employee fOWld to intimidate. harass, or int.rlere with the fililll of a coluplalnr or tbe

Investigation of a complaint or who iDtentionalJy files a false complaint of hal~1dDent will be

subject to ap--proprlate disclpUne, up to audJnduding immediate tenniaat1on, at Al'&larts sole
--aDiraIJsolufe-diSaetioD;;--AlI-complaJots-wm be handled 011 a eonf1dcDtlaI buls where

__~epr'!I!~!8te an-.!l posslb)~.________

________________________ _

-'All DIeW hires-mUSt beproYliletfwitti a CoP}; oflbeBarUsment-Free Workplace }»olJcyalld
Procedure at the date of hire. In addition, aD new hires must partidpate iD Harassment Free
Workpbce 'ndnlng witbiD 1.20 days of hire and aonually thereaftP.l'.
Mo.nyeriall ~uN'flBorY Em,ployees fmdudlna but not limited to deoartment heads.
superiDtegdepu, ss:nJor manae• • tearg}
__AJJmaaagaiallI!lQF~__employ..ees_JD.USLheJr.afDecL_oD_their _r..espolllibUfties aDd
-exp-~tJoDl-maddressma-semaJ '-or-llther forms-of-Irarassment- in-the workplace Witli-120
days of date of hire or promotion and aanuaUy thereafter.
New manaeeriaJ/superrisory employees, who did DOt partidpate in tbe anoual traioina
-progrAUI. JDust-recekc-ttaflliDI with 1~ days or such change in posidoD.
--The-Avatar-HarBsmeat-Free--WorkpJace poncy must be included in aU Dew hire package.4ii. Tbe AcJmowlf'.dgement Sbeet mOlt be l."Umpleted and a copy sent to the Corporate Human _R~o~~~!~!"_~~~~es,ODd_~~~g pr~~S!\D p3rUdp8J1t$. ________ _

3

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 15 of 19

AJ) Harassment Free Workplace trafnlllI materials must be approved by the Corporate HumWl Resources before prt:Sentadon to employees.

=~

Ilatttaeur-yshcOonllftcicotnterxOisl.ts--betwe-eJl-

~ -,,----p-oU-c-y-a-D-.::d"7"'

any
-- -- --

applfcable federal,
- - --:=,--""-=~~ ----- ---

s

t

ate or
-------~=

local
-- - ----

laws,

the

-THIS POLICY SUPERSEDES-ALL PREVIOUS SEXUAL IlAKASSMENT POLICIES

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

(
4

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 16 of 19

=-A= VATAR H,,_A-=--=RASSMENT FREE WORKPLACE ·...~-~7::

:::::--:==:--:-c:; _...:::=::--.

-...:o=_~ _.....::. ___ . _______ .::...:.::::.;.__~"..:::, .;: _ -=-_ ~:..~_ ::.-':':"'=--.:.... _ .......;: .-.~"-- ~::r-.-=--

ALXNO~DGEMENTSBEET

-- ____.Lhereby_acknowlcdgc the fullowing regarding Avatar's Harassment Free Workplace information: Please oheck the appl update line.

I received a copy ofAvatar's Harassment Free Workplace Policy and Procedure information.

On

T participated in a training plugram addressing Avatar's

Harassment Free Workplace.

I acknowledge that Lwas bired!PTQ.moted to a m4IUlsmaLQr~p.a:Yisor,y position

00

and have received Avatar's Harassment Frcc Workplace Pulicy

and Prooedure and participated in the training program addressing A~tDl"s

Harassment Free Workplace.

.--. I-:-~ ~e tbat=ti)L..Jlgrllllg_bCJow:liIri.awue-of-and.underst.aDd the contents.or - -Avator'aJ'wassJDem Free Wotkplice PoliCy and shall be held responsible fur its content.

Name (please Print)

- - - - .

- --~-

---Signature

Location (pJease Print) Date

·-Human Resources Representative (Print Name)·

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 17 of 19
EXHIBIT "B" NOTICE

Case 2:00-cv-00135-JES Document 34 Filed 08/29/2001 Page 18 of 19
NOTICE TO ALL EMPLOYEES POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COl\IMISSION
AND AVATAR HOLDINGS INC.
This notice is being posted pursuant to a Consent Decree entered by the Court in Egual Employment Opportunity Commission v. Avatar Realty Inc., Avatar Properties Inc., and Avatar Holdings Inc. Civil Action No. 2:00 CV135 FTM 29D. Avatar Holdings Inc. has agreed that it will not discriminate against employees in violation of Title VII ofthe Civil Rights Act of 1964 ("Title VII"). Title VII protects individuals from employment discrimination because oftheir race, religion, color, sex (including sexuai harassment and pregnancy) and/or national origin. Title VII also protects individuals from retaliation for having complained of an ll.'llawful employment practice. Avatar Holdings Inc. will not condone discrimination of any kind as set forth in federal laws, including, but not limited to, sexual harassment.
Furthermore, Avatar Holdings Inc. assures its employees that it supports Title VII and will ~ not take any action against an individual because he/she has exercised hislher rights under the law to oppose discriminatory acts or to file charges with the EEOC.
Appropriate corrective action, up to and including tennination, shall be taken against any employee (including management personnel) found to violate the policies regarding discrimination, based upon the circumstances involved.
This notice shall remain posted for three (3) years from the date signed. Employees or applicants for employment who have questions aboul their rights tmder Title VII or any other federal anti-discrimination law may telephone the Miami District Office of the Equal Employment Opportunity Commission at 1-800-669-4000.
Signed this __ day of___"2001.
Delmis J. Gettman, Esquire Executive Vice-President/General Counsel Avatar Holdings Inc.

Case 2:00-cv-00135-JES DFocIumLenEt 34 COFilPed Y08/29/2001 Page 19 of 19
Date Printed: 08/29/2001
Notice sent to:
C. Gregory Stewart, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gwendolyn Y. Reams, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Delner Franklin-Thomas, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Gilbert Carrillo, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Lauren A. Greenbaum, Esq. Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131
Carla J. Von Greiff, Esq. Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St. 10th Floor Timberlake Federal Building Annex Tampa, FL 33602
Arthur Cholodofsky, Esq. Steven M. Ziegler, P.A. 4000 Hollywood Blvd., Suite 375 S. Hollywood, FL 33021
Dennis Louis Webb, Esq. Webb & Scarmozzino, P.A. 1617 Hendry St., Third Floor Ft. Myers, FL 33901

 
 Electronic Case Filing | U.S. District Court - Middle District of Florida -... https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?785020562044779-L_3...

U.S. District Court Middle District of Florida (Ft. Myers) CIVIL DOCKET FOR CASE #: 2:00-cv-00135-JES

CLOSED, DNF

EEOC v. Avatar Properties, et al Assigned to: Judge John E. Steele Demand: $0 Case in other court: Cause: 28:451 Employment Discrimination
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 03/31/2000 Date Terminated: 10/30/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by C. Gregory Stewart Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carla Johanna Von Greiff Equal Employment Opportunity Commission Tampa Area Office 501 E. Polk St., Ste. 1000 Tampa, FL 33602 813/202-7903 Fax: 813/228-2045 Email: carla.vongreiff@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Delner Franklin-Thomas Equal Employment Opportunity Commission Suite 2700 2 S Biscayne Blvd Miami, FL 33131 305/530-6001 Email: delner.franklin-thomas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gilbert Carrillo

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V. Defendant Avatar Properties, Inc. formerly known as Avatar Holdings Inc.
Intervenor Plaintiff Linda L. Redditt

Law Office of Gilbert Carrillo P.A 2651 SW 109 Avenue Davie, FL 33328-1003 954/258-4565 Fax: 305/530-6121 Email: g2651carrillo@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gwendolyn Y. Reams Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lauren A. Greenbaum Equal Employment Opportunity Commission Miami District Office One Biscayne Tower 2 S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Fax: 305/536-4494 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arthur Cholodofsky Law Office of Steven M. Ziegler, P.A. 4000 Hollywood Blvd., Suite 375 S. Hollywood, FL 33021 954/966-2696 Fax: 954/966-2446 Email: Arthur.Cholodofsky@smzpa.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dennis Louis Webb Webb, Scarmozzino & Gunter, PA 2nd Floor

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V. Defendant Avatar Realty Inc.
Defendant Avatar Holdings Inc.
Intervenor Defendant Avatar Realty Inc.
Intervenor Defendant Avatar Properties, Inc. formerly known as Avatar Holdings Inc.
Intervenor Defendant Avatar Holdings Inc.

2121 W First St Ft Myers, FL 33901 239/334-1600 Fax: 239-334-7979 Email: dennis@wsglawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arthur Cholodofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arthur Cholodofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arthur Cholodofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arthur Cholodofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arthur Cholodofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/31/2000 03/31/2000

#

Docket Text

1 COMPLAINT for injunctive relief filed; jury demand Filing fee $ Waived (sll) (Entered: 04/03/2000)
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (sll) (Entered: 04/03/2000)

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03/31/2000
04/03/2000 04/07/2000
04/18/2000 05/25/2000 05/25/2000 05/25/2000
05/30/2000 06/05/2000 06/05/2000 06/08/2000 06/09/2000
07/07/2000
07/13/2000 07/13/2000 07/17/2000 07/17/2000

2 ORDER directing counsel or any pro se party to review and certify compliance with Local Rule 1.04(c). ( Signed by Judge Patricia C. Fawsett ) ctc (sll) (Entered: 04/03/2000)
SUMMONS(ES) issued for Avatar Properties. (sll) (Entered: 04/03/2000)
3 NOTICE of designation under Local Rule 3.05 - TRACK 2/RELATED CASE ORDER. The parties shall file notice of pendency of other actions within 11 days. (ctc) (sll) (Entered: 04/10/2000)
4 CERTIFICATE OF COMPLIANCE by EEOC Re: [2-1] order (sll) (Entered: 04/19/2000)
5 NOTICE of attorney appearance for EEOC by Carla J. Von Greiff (sll) (Entered: 05/25/2000)
6 WAIVER OF SERVICE returned executed as to Avatar Properties on 4/24/00 Answer due on 6/23/00 for Avatar Properties (sll) (Entered: 05/25/2000)
7 INTERESTED PERSONS ORDER FOR CIVIL CASES directing the parties to file a certificate of interested persons and corporate disclosure statement within 11 days. ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 05/25/2000)
8 CERTIFICATE OF COMPLIANCE by EEOC Re: [3-1] order (sll) (Entered: 05/30/2000)
9 NOTICE of attorney appearance for Avatar Properties by Arthur Cholodofsky. (sll) (Entered: 06/05/2000)
10 CERTIFICATE OF COMPLIANCE by EEOC Re: [7-1] order (sll) (Entered: 06/05/2000)
11 CERTIFICATE OF COMPLIANCE by Avatar Properties Re: [7-1] order (sll) (Entered: 06/08/2000)
12 MOTION to intervene as plaintiff by Linda L. Redditt referred to Magistrate Judge Douglas N. Frazier (Proposed Order & Complaint attached) (sll) (Entered: 06/09/2000)
13 ORDER TO SHOW cause for failure to prosecute: Response due on 7/26/00 for EEOC ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 07/07/2000)
14 AMENDED COMPLAINT by EEOC amending [1-1] complaint adding Avatar Realty Inc., Avatar Holdings Inc.; jury demand (bjt) (Entered: 07/13/2000)
15 RESPONSE to show cause order filed by plaintiff EEOC (bjt) (Entered: 07/13/2000)
16 STIPULATION regarding response to amended complaint by EEOC, Avatar Properties, Avatar Realty Inc., Avatar Holdings Inc. (sll) (Entered: 07/17/2000)
17 CASE MANAGEMENT REPORT (c: courtroom deputy) (sll) (Entered: 07/17/2000)

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07/26/2000
07/26/2000 07/28/2000
08/03/2000 08/14/2000 08/14/2000 08/23/2000 09/05/2000
09/20/2000 11/07/2000 11/28/2000 07/17/2001 07/20/2001 07/23/2001

18 CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties,amending of pleadings on 5/29/01 ; dispositive motion filing deadline for 8/31/01 Pretrial statement due on or before 9/27/01 ; Pretrial conference for 11:00 11/8/01 ; Discovery cutoff 6/29/01 ; Scheduled for Magistrate Judge Douglas N. Frazier, setting jury trial for 12/3/01 trial term scheduled for Judge Patricia C. Fawsett ( signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 07/26/2000)
DEADLINE updated; setting jury trial for term commencing 12/3/01 scheduled for Judge Patricia C. Fawsett (sll) (Entered: 07/26/2000)
19 ORDER granting [16-1] stipulation regarding response to amended complaint, resetting answer due for 8/2/00 for Avatar Holdings Inc., for Avatar Realty Inc., for Avatar Properties ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 07/28/2000)
20 ANSWER and affirmative defenses by Avatar Properties, Avatar Realty Inc., Avatar Holdings Inc. to [14-1] amended complaint (sll) (Entered: 08/03/2000)
21 NOTICE OF CASE REASSIGNMENT to the Honorable Judge John E. Steele . ctc (sll) (Entered: 08/14/2000)
22 AMENDED MOTION amending [12-1] motion (amended) to intervene by Linda L. Redditt by Linda L. Redditt referred to Magistrate Judge Douglas N. Frazier (aa) (Entered: 08/15/2000)
23 NOTICE of compliance by Avatar Properties, Avatar Realty Inc., Avatar Holdings Inc. (aa) (Entered: 08/23/2000)
24 ORDER granting [22-1] amended motion (amended) to intervene by Linda L. Redditt, denying as moot [12-1] motion to intervene as plaintiff by Linda L. Redditt (Signed by Magistrate Judge Douglas N. Frazier) ctc (aa) (Entered: 09/05/2000)
25 NOTICE OF HEARING: resetting pretrial conference for 9:30 11/9/01, scheduled for Judge John E. Steele (Signed by Deputy Clerk) ctc (aa) (Entered: 09/20/2000)
26 AMENDED INTERVENOR'S COMPLAINT by Linda L. Redditt against Avatar Realty Inc., Avatar Properties, Avatar Holdings Inc. (aa) Modified on 11/28/2000 (Entered: 11/09/2000)
27 ANSWER and affirmative defenses to [26-1] amended intervenor complaint by Avatar Properties, Avatar Realty Inc., Avatar Holdings Inc. (aa) (Entered: 11/28/2000)
28 NOTICE OF HEARING: resetting pretrial conference for 9:00 11/13/01 scheduled for Judge John E. Steele (Signed by Deputy Clerk) ctc (aa) (Entered: 07/17/2001)
29 CONSENT DECREE by EEOC, Linda L. Redditt, Avatar Properties (sll) (Entered: 07/20/2001)
30 ORDER not approving [29-1] decree consent. (Signed by Judge John E. Steele) ctc (aa) (Entered: 07/23/2001)

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08/22/2001 08/22/2001 08/24/2001
08/24/2001 08/29/2001 10/30/2001

31 NOTICE of filing revised consent decree by EEOC, Avatar Properties, Linda L. Redditt, Avatar Realty Inc., Avatar Holdings Inc. (aa) (Entered: 08/23/2001)
32 PROPOSED CONSENT DECREE by EEOC, Linda L. Redditt, Avatar Holdings Inc. (aa) (Entered: 08/23/2001)
33 ORDER: Pursuant to the Consent Decree (Doc. #32), filed 08/22/01, the Clerk is directed to enter judgment attaching a copy of the Consent Decree (Doc. #32) ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 08/27/2001)
ENDORSED ORDER granting [32-1] decree consent (Signed by Judge John E. Steele) ctc (aa) (Entered: 08/29/2001)
34 JUDGMENT entered in accordance to Consent Decree (Dkt. #32) Civil appeals checklist mailed. (Signed by Deputy Clerk) ctc (aa) (Entered: 08/29/2001)
CASE CLOSED. (aa) (Entered: 10/30/2001)

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