CHARLESE.LEGGOTT

United StatesDepartment of Justice

Civil Rights Division

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Employment Litigation Section, PHB 950 Constitution Avenue, N.W.

Washington, D.C. 20530

(202) 514-0548

UNITED STATES DISTRICT COURT NORTIIERN DISTRICT OF,FLORIDA

UNITED STATES OF AMERICA, '
Plaintiff,
v.
THE DISTRICT BOARD OF TRUSTEES
OFTALLAHASSEECO~TY
COLLEGE;
Defendant.

Civil Action No. if; Vb '-- vS'o3

CONSENT DECREE This action was brought by the United States against the District Board of Trustees of Tallahassee Community College ("TCC" or "Defendanf') to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC'}of a timely charge of discrimination filed by Clifford H. Wimberly (Charge No. 15A2003·00309). Title VII applies to the Defendant because it is aperson within the meaning of 42 U.S.C: § 2000e{a) and an employer within the meaning of 42 U.S.C. § 2000e(b). This Court has jurisdiction over this action under 42 U.S.C. § 2000e-5{f) and 28 U.S.C. § 1345.

In its Complaint, the United States alleges; inter alia, that TCe viol~ted § 703(a) of Title VII by (1) refusing to hire Mr. Wimberly as a HomeSafeNet Trainer because of his race, African-American, and (2) failing or refusing to take appropriate action to remedy the effects of the discrinunatory treatment against Mr. Wimberly. The parties agree that in December 2002, Mr. Wimberly applied with Defendant for the contract position of HomeSafeNet Trainer in the Department of Children and Families CDCF) District 10, a position for which Tce was then seeking applicants, Mr. Wimberly met the minimum qualifications for that position, but he was not hired. TCe denies that it discriminated against Mr. Wimberly when it did not select him as a HomeSafenet Trainer.
'Desiring that this action be sett:led by appropriate Consent Decree and without the burden of protracted litigation, the parties agree to this CoUrt's jurisdiction over them and the subject matter of this action, and hereby waive, for the purposes of this Consent Decree only, hearings and fmdings of fact and conclusions of law on?li issues, and further agree to the entry of this Consent Decree as fmal and binding between them as to the issues raised in the Complaint filed in this case.
It is therefore ORDERED, ADJUDGED AND DECREED as follows:
1. The Defendant shall offer Clifford H. Wimberly a monetary award in the amount of $34,363 which includes $32,490 in backpay and $1,873 in accumulated interest on the backpay.
The backpay portion of this monetary award will be subject to withholding for income tax and FICA, as appropriate. The Defendant will separately pay any employer's contribution to the Social Security fund due on the backpay portion of the monetary award, i.e., the employer's contribution will not be deducted from the monetary award to Mr. Wimberly.
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2. Tee no longer hires HSN Trainers, and there no longer exists the position ofHSN Trainer in District 10. Accordingly, Tee is not required to offer Mr. Wimberly instatement
relief under this Decree. Tee agrees, however, that if Mr. Wimberly applies for employment with Tee in the future, his application will be given fair, objective, non-retaliatory and non-
discriminatory consideration. 3. Within ten (10) days of the entry of this Decree, the Defendant agrees to notify Mr. Wimberly of its tenns by mailing to him by certified mail, return receipt requested, a copy of the letter set forth in Appendix A, a copy of this Consent Decree, and the Release fonn attached as Appendix B, addressed to:·
Mr. Clifford H. Wimberly 4251 N.W. 74th Avenue Lauderhill, Florida 33319 4. The Appendix A letter shall inform Mr. Wimber~y that in order to accept all or part of the relief offered him, he must return the executed Release, a copy of which is set forth in Appendix B, to Tee within thirty (30) days of his receipt of the Appendix A letter unless good cause, as deterniined. exclusively by the United States, exists for his failure to do so. A copy of the Release and oftbis Decree shall be enclosed with the Appendix A letter. 5. The Defendant shall make the payment referred to in Paragraph ~, and the contribution referred to in that Paragraph, within thirty (30) days of the receipt by the attorney for the Defendant of Mr. Wimberly's. executed release fonn. The payment shall be made by a check issued to Mr. Wimberly which will be mailed to him by -certified mail, return receipt requested, to the address in Paragraph 3. The Defendant will inform the United States in writing, in care of its undersigned attorney, when it makes this payment to Mr. Wimberly and send Mr. Wimberly
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an appropriate IRS fonn to reflect the monetary payment. The Defendant will also provide counsel for the United States with documentation'showing the contribution referred to in Paragraph 1 have been made. 6. The Court will dismiss this matter upon receiving notification from the parties that the conditions of Paragraph 5 have been met. If this Consent Decree is not dismissed as provided, for in this Paragrapb, it shall nevertheless expire, and this case shall be dismissed without further order of this Court, one year from the date of entry of this Decree or, if sooner, upon notice to the Court by the parties that further orders or judgments will not be necessary. 7. This Consent Decree shan not be construed as an admission of liability, guilt or any improper conduct on the part of the Defendant. Nor shall this ,Decree be construed as an admission by the United States of any defenses posited by the'Defendant. 8: The United States and the Def~ndant shall bear their own costs in this action, including any attorney's fees.

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L c.lM . . . It is so ORDERED, this

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~y of~" •

2006.

Agreed and Consented to:

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On behalf of PlaintiffUnited States:
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DAVID J. PAL1\.1ER, DC Bar No. 417834 WILLIAM B. FENTON, DC Bar No. 414990 CHARLES E. LEGGOTT, VA Bar No. 31540 United States Department of Justice Civil Rights Division Employment Litigation Section, PHB 950 Constitution Avenue, N.W. Washington, D.C.. 20530 (202) 514-0548

On behalf of Defendant District Board of Trustees of Tallahassee Community College:
a~el11Jt
William R. Mabile, Fla. Bar No. 0559040 Fuller, Johnson & Farrell 111 North Calhoun Street Tallahassee, Florida 32304 (850) 224-4663

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 Case 4:06-cv-00508-SPM-WCS Document 1 Filed 11 102/2006 Page 1 of 3

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UNITED STATES DISrruCT COURT

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NORTHERN DISTRlCT OF FLORIDA

UNITED STATES OF AMERlCA,

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Plaintiff,
v.

Civil Action. No. - - - - -

THE DISTRICT'BOA.RD OF TRUSTEES OF TALLAHASSEE C011lv1UNITY COLLEGE,

Defendant.

COMPLAINT'

Plaintiff; the United'8tates 'of America, alleges:'

1. This action is brought on behalf of the United States to enforce the provisions of
Title V1I of the ,Civil Rights Act of 1964, as amended, 421!.S.C. § 2000e, et seq. ("Title VII"). ,

2.' 'This Court has jurisdiction of the ,action 1:lllder 42 U.S.C. § 2000e-S(f) 81id 28

'u.S.C. § 1345. '

3. Defendant, the Distlict Board ofT11lstees of Tallahassee Community College ('~TCC") is a c0T[)0rate, governmen~a1 body created pursuant to the laws '<?ftl1e State ofFlorida.

4. TCC is a person within the meaning of 42 U.S.C. § 2000e(a) and 811 el11ploy~r
! .. ,within the meaning of 42 U.S.C. § 2.000e(b).

5. TCC has subject~d Cliffor,d H. Wimberly to ,discrimination on the basis of his race,

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, African ~erican, in violation of Section 7~3(a) of Title Vll! 42 U.S.C. § 2000e~2(a), among

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Case 4:06-cv-00508-SPM-WCS Document 1 Filed 11102/2006 Page 2 of 3

other ways, by:

(a) FaUing or refusing to hire M1". Wimberly for the position of

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HomeSafenet Trainer; and

(b) Failing or refusing to take appropriate action to remedy the effects of

the discriminatory treatment ofMr. Wimberly.

6. The Equal Employment Opportunity Commission ("EEOC") received a timely

charge (Charge No:15A-2003-00309) filed by Mr. Wimberly on or about May 28,2003 alleging

that he had been discrimiiiated against on the basis ofrace when he was not hired for the

position of HomeSafenet 'Tr·ainer by TCC, Pursuant. to Section 706 of Title VIr, 42 U.S,C,

§ 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that, a violation

occurred, attempted unsuccessfu.11y to achieve wough conciliation avoluntary resolution of the

charge, and subsequently referred"the matter to the United States Department of Justice·.

7.

All condi~ons prec;edent to the filing of suit have been performed or have

occurred.

, WHEREFORE, plaintiffprays that the Court grant the following'relief:
Enjo~ TCC from faifuig or refusing to:
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(1) provide sufficient remedial reliefto make charging party Clifford H.

Wimberly whole for the loss he has suffered as a result of the discriminatiol! aJ.1eged against him

in this Comp1amt;

, (2) take other appropriate nondiscriminatory measures to overcome the effects of

the discrimination.

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Case 4:06-cv-00508-SPM-WCS Document 1 Filed 11/02/2006 Page 3 of 3
The plaintiff prays for such additional relief as justice may require, together with Plaintiffs costs and disbursements in this action.
WAN J. Kllv1 Assistant Attorney General Civil Rights Division
By: Qfir~ DAVID .PALMER ~7.)__ Chief, Employment Litigation Section JT WILLIAMB. FE~~ CHARLES E. LEGGOTT United States Department of Justice Civil Rights Division Employment Litigation Section, PHS 950 Constitution Avenue, N.W. Washington, D.C. 20530 . (202) 514-0548 . (202) 514-1005 (fax)
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 CLERK_2, CLOSED
U.S. District Court Northern District of Florida - District Version 3.0 (Tallahassee)
CIVIL DOCKET FOR CASE #: 4:06-cv-00508-SPM-WCS

UNITED STATES OF AMERICA v. DISTRICT BOARD OF TRUSTEES OF TALLAHASSEE COMMUNITY COLLEGE Assigned to: JUDGE STEPHAN P MICKLE Referred to: MAGISTRATE JUDGE WILLIAM C SHERRILL, JR Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 11/02/2006 Date Terminated: 03/28/2007 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
UNITED STATES OF AMERICA

represented by CHARLES E LEGGOTT US DEPT OF JUSTICE PENNSYLVANIA AVE WASHINGTON DC 950 PENNSYLVANIA AVE NW - PHB WASHINGTON, DC 20530 202/514-0548 Fax: 202/514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
DISTRICT BOARD OF TRUSTEES OF TALLAHASSEE COMMUNITY COLLEGE

represented by WILLIAM R MABILE FULLER JOHNSON FARRELL ETC - TALLAHASSEE FL 115 N CALHOUN ST [32301] PO BOX 1739 TALLAHASSEE, FL 32302-1739 850/224-4663 Fax: 850/561-8839 Email: wmabile@jfmlawyers.com ATTORNEY TO BE NOTICED

Date Filed 11/02/2006 11/02/2006 11/07/2006
11/08/2006 03/23/2007 03/26/2007 03/28/2007

#

Docket Text

1 COMPLAINT against DISTRICT BOARD OF TRUSTEES OF TALLAHASSEE COMMUNITY COLLEGE, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Consent Decree# 2 Appendix A# 3 Appendix B) (llt) (Entered: 11/06/2006)

2 CIVIL COVER SHEET. (llt) (Entered: 11/06/2006)

3 Consent Decree re 1 Complaint filed by UNITED STATES OF AMERICA; Court will dismiss this matter upon receiving notification from the parties that the conditions of Paragraph 5 have been met. If this Consent Decree is not dismissed as provided for in this Paragraph, it shall expire and this case shall be dismissed without further order of this Court, one year from the date of entry of this Decree or, if sooner, upon notice to the Court by the parties that further order or judgments will not be necessary. The parties shall bear their own costs in this action including any attorney's fees. Signed by Judge STEPHAN P MICKLE on 11/7/06. (llt) (Entered: 11/08/2006)

Set/Reset Deadline - Miscellaneous Deadline for clerk to monitor status of dismissal this case per 3 Consent Decree- by 11/7/2007 (llt) (Entered: 11/08/2006)

4 MOTION to Dismiss With Prejudice by DISTRICT BOARD OF TRUSTEES OF TALLAHASSEE COMMUNITY COLLEGE. (Internal deadline for referral to judge if response not filed earlier: 4/10/2007) (Attachments: # 1 Exhibit A# 2 Exhibit B) (MABILE, WILLIAM) (Entered: 03/23/2007)

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Mickle notified that action is needed Re: 4 Joint MOTION to Dismiss With Prejudice (llt) (Entered: 03/26/2007)

5 ORDER granting 4 Agreed-to MOTION to Dismiss With Prejudice filed by DISTRICT BOARD OF TRUSTEES OF TALLAHASSEE COMMUNITY COLLEGE and DISMISSING CASE with prejudice. Signed by Judge STEPHAN P MICKLE on 3/28/07. (llt) (Entered: 03/28/2007)

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