Case 8:05-cv-01231-JDW-TBM Document 1 Filed 06/30/2005 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HOSPITAL HOUSEKEEPING SYSTEMS, LTD., )

)

Defendant.

)

)

CIVIL ACTION NO.
COMPLAINT JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

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 national origin, and

to provide appropriate relief to Gilma Castillo and other similarly situated individuals who were

adversely affected by such practices. The Commission alleges that Defendant, Hospital

Housekeeping Systems, Ltd., discriminated against Ms. Gilma Castillo by terminating her based

on Ms. Castillo’s national origin, Mexican, as alleged with greater particularity in paragraph 7,

below.

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) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A(a)(1).

Case 8:05-cv-01231-JDW-TBM Document 1 Filed 06/30/2005 Page 2 of 5
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the U.S. 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), 42 U.S.C. Section 2000e-5(f)(1). 4. At all relevant times, Defendant, Hospital Housekeeping Systems, Ltd. (the "Employer"), has continuously been a Texas limited partnership doing business in the State of Florida and the County of Sarasota, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Gilma Castillo filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about January 30, 2004, Defendant Employer engaged in unlawful employment practices at its Sarasota, Florida facility, in violation of Section 703(a) of Title VII, 42 U.S.C. Section 2000e-2(a). These practices include terminating Ms. Gilma Castillo based on her national origin, Mexican. The Commission alleges that Defendant implemented an English
2

Case 8:05-cv-01231-JDW-TBM Document 1 Filed 06/30/2005 Page 3 of 5

proficiency requirement in its workplace which resulted in the disparate treatment of Ms. Castillo

and other non-English-speaking employees based on their national origin.

8. The effect of the practice(s) complained of in paragraph 7 above has been to

deprive Gilma Castillo and other similarly situated individuals of equal employment

opportunities and otherwise adversely affect their status as employees, because of their national

origin.

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 Gilma Castillo

and other similarly situated individuals.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant Employer, its officers,

successors, assigns, and all persons in active concert or participation with it, from engaging in

unlawful employment practices which discriminate on the basis of national origin.

B.

Order Defendant Employer to institute and carry out policies, practices, and

programs which provide equal employment opportunities for employees without regard to their

national origin, which eliminate all forms of discrimination on the basis of national origin, and

eradicate the effects of its past and present unlawful employment practices.

3

Case 8:05-cv-01231-JDW-TBM Document 1 Filed 06/30/2005 Page 4 of 5
C. Order Defendant Employer to make whole Gilma Castillo and any other similarly situated individuals, by providing appropriate back pay, with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Gilma Castillo and any other similarly situated individuals or front pay in lieu thereof.
D. Order Defendant Employer to make whole Gilma Castillo and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Gilma Castillo and any other similarly situated individuals, by providing compensation for nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including past and future emotional pain, suffering, inconvenience, loss of enjoyment of life, anxiety and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Gilma Castillo and any other similarly situated individuals punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
4

Case 8:05-cv-01231-JDW-TBM Document 1 Filed 06/30/2005 Page 5 of 5
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in the complaint.
Respectfully Submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney MICHAEL FARRELL Supervisory Trial Attorney
/s/ Muslima Lewis MUSLIMA LEWIS Trial Attorney Florida Bar No. 0158305 UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Miami District Office One Biscayne Tower, Suite 2700 Two Biscayne Boulevard Miami, Florida 33131 Tel. (305) 530-6006 Direct Tel. (305) 536-6001 Main Fax (305) 536-4494 E-mail:muslima.lewis@eeoc.gov
5

 
 IN THE UNITED STATES DISTRlCT COURT FOR HIE MlDDLE DISTRICT Of FLORIDA

UNITED STATES OPPORTUNITY
,
HOSPITAL 1I0LSEKEEPING SY

LTD
)
)

crv L ACTION N(L
123I"T~27·TBM

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 1 of 11

I.

T"hls Consent Decree

IS m3dc and cnh.::rcd lnli,) B,nd between

the:

C(imnltSsif}H

rCfCtTCd to 3S' the

'"( omnHSSH)H Of

lind Defendant

Lt.d,

rdcrrt.~d as the

or

The Cormnission and Defendant are C(HleCti

referred to

as "the Partks."

2, On hme

H,O(: flllUatC(l jhis action "15''''''''

",stems, Ltd. under Title Vll \11' the Civil

ActoI'

and Tirle I of tile Civil

.Act of

199!, to correct unlawtlll

on the hasis national

annronriate relief to

Cast/Uo, and oiher

situated im.:hviduals \\'110 \\,-ere: adversely

afleeted such practices. EEOC

Ihal

violated Title VIl

i!ll)k"m':n"'u~ all

111 iiS

and

7'vh. Castillo and oth(;fS bccau~c

of their lack of

Dd~lldanl denies all

of

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 2 of 11

H,ist:'d

In

\ In
lt1,; CIlgDlgcc1 in

s<:uh;n1cnt

to

cost of Ilt11!,,!JOtl, as;]

the

ha\lC

that this aclioll

,hould be

rc'Solved the entry this Decree, This Decree is Hna! amd

on the

their :-;ua:e:ssors

4 The Parties agree tila! this lkerec resdws all claim'

the Defendant

in EEOC

Numher 15(),2004,OOS90 and the

filed in this :{ctinn

claims under Ti!le VI! Ihat wete made bVlhc

in this actJOlL

5.

1'0\\/ IWt<lcN Ii{l'.. theCour!

nf'['n'r~ and

011 the p\(,"dlll!~S

c,,,,,rl\lliH'''Hllirleti thi2l.errns and f'lf'{\V:l¢ifH1'<

nq",,'s il i;;

ADJUDGED AND

DL'.CRFEDI1IAT·

.IliRISDICnON

\J.

lilr

7.

No

corm 10 cntclrcc this Decree and its

terms the

Offhc EEOC w sct.::&: cnfof(:\:'m~:n! in lhe c\ ent Defendant breaches. any of the tL1111S

of tii!~ Decree;,

GE!'iERA.L PROVISIONS

g, Dc,tclldtmt its

and

are

which violates Titlt VB of the CiV!!

Act of ]

a::; !111Wndcd

CH,~illsjL'I$'H conduct

;'hh.it~p;."h/

th~

lerms and ccmditkms: agn.":12S not to

individual's

because 1.)1' their national

Ddcndant

as. a condition of

unless f1uencv

IS

2

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 3 of 11

recmlre.d 1;)f

ncrtormallce of the PO:SltiOlL

9.

are h,-'rehv

allY
Imtllw!hl

who opposes wn<l tiles 11

DYaCUCe5 \vhich the,

to

,crimi,,,"·,,m with the EEOC llll(~gir,g

of sllch Silittite; who cooperates wah the EI:.OC ill the

audior nn:ls(:cutICHl

of any

or \)\/110

in the W';'Sllg:lltlOIl or oroscctllion OflhlS case,

DlSCRIM.INATION POLICY A'll) TRAINING

10. Defendant has

II written

H.ll.:U::1" discrllnination \vhich is attached

as

agr<>es thilt aU its

and !n,(ulDgt~fS \viH be iJrovide-d a comrllol:e

copy of Its

llgliinst discriminatlml In

and

within

entry

this Dz'('n.:e. Defendzmt agrees that all now olr'pl.':Jy(ros

be

a copy its

within their !irs! week cmlpl()WI1C]lt with the DcH.mdrmt.

II. In

to

ensure the effect1ve

illlti -

discrimJnation

\it/ili conduct a nvo hour annual mlinilln nil ]1$ site

Din~CWf~ reganllng

VIl with

of national

the

Ht-mn;}~,J Oil the: 1"·Ollltll ofdiscrimination on the basis

n21me aud

of

rmd em:plliYlrCS

Vir Dcltcmiam

to

the

at least t\VO \\iceks notic0 before it cunducts lts lT~llnirw r.;c"\«;innl1

Ih,'

of the

the identification of the

materials to be used at the

st.:;~};lon. and !Lcneral

the category

who \viH be in attendancc

the lnunm'd. The

will be comlnoled JeHrl":v S. Totten ()f another

("ornpany

Defcnd,'Ull agrees lhat t.hc EEOC

at the EEOC $ discrctlOu< be

3

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 4 of 11

in aUendanc~ at each

'-:.L".;;.;;;ion{,,)

rCllsonable advance

to Ddendlam

J2

nara\!nmlll I shall take plilee' at""!,"

in December

year. Tile tits! tHlllllOg

to this Consent Decree will t1ke

2006, Defendant

the discrimination

and

materials

utilized lilr the

described

shall be

to and

site D!l'ectofs and Assistant Dirc~tots who did not attend the anIlual

to all and to all

DnroetOfS and

Directors within

ng lliaCCli in that

jor the

duration this Dec:rc12,

POSTING

Ll Dclench1nt will poS! lllmnmatcd II x 4 C()py of the

attachtlti E(~JlJ.JZ!LL!,

no Imct than

2006, Said nolice shall be

at Defendant's office ill Docl0n; H(tSpilal

ofSarasola fiJr dumll,on of this Decree in C<JI:JST,ICllOltS location accessible to all

slIch

as an

hulletin board andh:w bre:a.klhmch rOOlTL

MONITORlNG

4. Dcfcndmu will retain al. ils WtpOmlc oflicc In

Texas all

and/or

records

m any way to any comtlbinl Of

national

dIscrimination at

locatIOns for the duration ofthis Decree and as reqUIted under

federal law,

15 Ddendcml will

10 Ihe I'FOC scmi·;mnoa

the

Decree that it is in 'PI"")cC wah all aspccls ofllm Decree, The Iirsl such ccrnlkcll!clll

be due

no lak'T than

frmn. the tratnimz. n}'ovidcd pursuant to narauranh 1 1. \Vith each

coni!icarinl1 Deiendam will !imi1er

tho EEOC with the name,

lmel

tmmber

4

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 5 of 11

person

been discriminated a~111151 Oil

of thdr national

pnecc,drng six month nCrlO(f Defendant will also stale the

:1(;11011S taken in response to each SHch

and

any and aU dOCllrfH~nrJ1tinn assf}ciated

\Vilh such comnJaint the

fications:.

to be

to the EEOC purswan to this

COllsent Decree sball be mailed with the flotation HOSPITAL HOUSEKEEPING SYSTEMS, LTD.

to: United States

Errlpl::),TllCtlt Cipportl.llltly C\llllmiSSI.O!l, Attention:

of tht~

SUite

2

:\·1'"111' 1'1 33 131.

MONETARY RELIEF

Hi. Defendant ligrecs to pay a t{llalll!llmHlt of S O.()OO.t~)

to

r(s{llve this

·fhc payment I1cfen:mced herein shall issne within GHeen ( 5) calendar

from the

execlltion of this Decree" The mOllics shall be djsuibuted fL~ set ft)id, below in

1ti\!illiLlL-'= attached here!o.

J /, If Defendan! ra! Is to tender the ahovc-mcnliol1cd pavme!!! as set forth in parallraph

6. above, then DdL:ndant"~ shaH O.{lVlntereston the: dC't~rt.ltted payrnem llllhe, rate c:aku1.atcd pursuant

to 26 U.S.c. Section 6621 until the same is

and bear any additional costs incurred the

EEOC ca"scd

n(llI-Cl)Hll)liance Qr

of the Defendant.

ENFORCEl\n;;IIT OF DECREE

1~. The ommlSslOn shall have

authority to seek the iudicial enforcement

aspect. leTl1i or

t.)f this Decn:e·,

COSTS

19. Each

shall bear its 0\\/0 costs

with

5

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 6 of 11

DURATION OF CONSENT DECREE 2tl The duration of this Decree shull be three YCfU:; fmUl the date ('r!try of the

21, The Court take whatever me.asures ncccssmy to effectuate the tcrrns of this

Decree,

ORm:RED,

ADJUOGEO

ANO

[)ECRI~E[),

this

2:1,

of1-
--

200("

ZEi)) UNrvt7I:l'STATES DISTRICT JUDGE

AGREED FORTHI' UNITED STATES !:J')UAL

OPPORTUNllY COl'vIM!SSION

Dc!ncr Fmnklin·Thmnas

Date:

June ::(J06

EMPLOYMENT OPPORTUNITY ni~1ric:t Otfice, One IllS,CH'vtlC
Houk'varu

80k~17g5
808·1

(\

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 7 of 11

;Q
c
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'"

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lB
C" l

"'" -"v"'

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~

0
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-'

"".=m; " 0

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0;.......

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:..w

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t-

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0::

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u;(' ;..

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Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 8 of 11

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 9 of 11

•

Eff~V(! D1lItt
3120112
R~D.te
3f2t102
Al1t!tii'l~ {Sfgtum:rt

Poliey IIlId l'TocodQres

Subjl'<t

NON·DiSCRIMATION ANI) SE;XUAL IIARASSMEl"iT rOLiCY

IWjMrt,.""

Policy Nom1m'

LABOR roLiCY & PROCEDURES

211- IVlANUAL

'.101'1

•

POLICY

It ru>.:l shall cQ"tinu~ to Ill<

ofHHS that all

their work envirollltlcl1t si,uuld be tree

from .11 fom", "r IWlawfulllaras$mel1t aJld intimidation, HBS d..es .ot and will DO!

emnlovees ro

engage I.lllWlawful

5exu.~1

or harassment bnsed otJ mee,

_

national

.ge,

oumws au veter"", Unlawfull:!amssment any emnlovee or

"n1"l4"'fVllU'U' is strictly r

Harassment is verb.! Of

conduct that

or shows

loward an individual becn_ of

~"~~n S.cx

national

age,

Of status as a veteran and that creates an

in:::~~:~";I~i~h~",s::tj~'le or offen.ive

environment H!1rnl!Slnellt may

but is not ne,ce"""ily

limited to,

slurs.

or other verbal or

conduct

to an irw::hviduars fl:tt:Ct coior•

religion, sex (gender). natIonal

age, disabHitv. or status as a veteran,

Sexual haras$melll consists of unwelcoJrul Sllxual

request ror sexual lavors ""d oWer vorbal or

pil:vsi"ai conduct of. sexual natnre thaI creates Ill1 offensive or hns!iie work atonooph'>re,

emnrovee;

sex

concerns to t.he ne:xtlevel

The

will be

take the

emnkrvt"t" will be

llrurl<Sl'od, or harassed on the basi. of fl1O<t,

or status as a veteran should

their

Vice PresidentJ or to the Human RCSOOfC(:S De"'Wrlme111

and if il is determined thai harassment hils

UUS will

to and

termin.lion of \be

No

a

complaints 'iviii be handled in confidence.

•

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 10 of 11

EXHIBITS
:'IIOTICE TO ALL EMI'LOYEES I'OSTED PIJRSIJA:'IIT TO A CO:'llSE:'IIT I)ECREE I~ET\VEE:'II THE U:'IIlTEI) STATES EQlIAL EillPLOYl\lF:NT OPPORTUNITY COMMISSION
AND HOSI'ITAL HOliSEKEEPIN{; SYSTEMS, LTI),

pursuant to a Consent Decree c11tercd the

In ~'fiE;~~:~:~

!:I~:~~~~;;:~7t;t~i Action No, 8:05-CV·1) I231·JDVv' -TBM ' no,sl)I,j,ttal

S

Ltcl has

that it will not discriminate

cnmlovecs

VI! of the Civil

cl1lployn",m discrimination bC"U1SC of their race, rcligiOl.1,

nalional

or sex"

Lid, not condone cI1tploym,ent scrimlnlltiol1 of any

llnd will not I'lke allY action tile law to oppose

Ltct asslires ns

that it

an indiVidual

he/she has exercised his/her

acts Of to file

with the EEOC

Title Vlf under

c,orre,ctive

up [0 and !(llllld to viol.atc the

"g'Hll51 any cmpltlyce rim:.illi!alzlll, based

TIllS notice shall remain
for Clnn!nvrne-n
Conunission at

three years from the date:

or appl1callts

{jllcstiof" ahout [heir

under Tilk vn or any other federal ann-

District Office oflile

:>lJsm;u this

of

.2006.

s, rOHen

:>Y"""""" tnc,

DO NOT REMOVE BEFORE Julv.2()09.

9

Case 8:05-cv-01231-JDW-TBM Document 19 Filed 06/30/2006 Page 11 of 11

EXHIBIT C

Inn"ler () 1231-JDW-
be distlihlHcd

lbliow,:

ActioI'! No ~:05-CVLtd, ,hall pny rhe 10lDI :unOl,lll! of$

Ddi:mianl will pay Gilma

$

which

The Dcfcmlam shall issue"

be

of

1099 Ms, Castillo

~

shaH

checks in \is

nilmc and

beL certified

rC'turn rcceim rcotlcsted, GUma Castilltl, Carndia Stn~\;t Nokornis., Fl 34275~

The pa)~nents rcl'ercllcedhcf.:ill Sill!!'! isslIe

elllry oftilis Decree,

pa'Vlllcm

attention of Carla l Von

Senior Tria!

Om}{lr1i.lllilv

501 Eas! Polk

Suite

TamlJ2, Fl 33602,

10

 
 Case 8:05-cv-01231-JDW-TBM Document 13 Filed 05/15/2006 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

HOSPITAL HOUSEKEEPING SYSTEMS, LTD., )

)

Defendant.

)

)

CIVIL ACTION NO.
AMENDED COMPLAINT JURY TRIAL DEMANDED INJUNCTIVE RELIEF SOUGHT

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 national origin, and

to provide appropriate relief to Gilma Castillo and other similarly situated individuals who were

adversely affected by such practices. The Commission alleges that Defendant, Hospital

Housekeeping Systems, Ltd., discriminated against Ms. Gilma Castillo by terminating her based

on Ms. Castillo’s national origin, Hispanic, as alleged with greater particularity in paragraph 7,

below.

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) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-5(f)(1) and (3) ("Title

VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A(a)(1).

Case 8:05-cv-01231-JDW-TBM Document 13 Filed 05/15/2006 Page 2 of 5
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Middle District of Florida, Tampa Division.
PARTIES 3. Plaintiff, the U.S. 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), 42 U.S.C. Section 2000e-5(f)(1). 4. At all relevant times, Defendant, Hospital Housekeeping Systems, Ltd. (the "Employer"), has continuously been a Texas limited partnership doing business in the State of Florida and the County of Sarasota, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Gilma Castillo filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about January 30, 2004, Defendant Employer engaged in unlawful employment practices at its Sarasota, Florida facility, in violation of Section 703(a) of Title VII, 42 U.S.C. Section 2000e-2(a). These practices include terminating Ms. Gilma Castillo based on her national origin, Hispanic. The Commission alleges that Defendant implemented an English
2

Case 8:05-cv-01231-JDW-TBM Document 13 Filed 05/15/2006 Page 3 of 5

proficiency requirement in its workplace which resulted in the disparate treatment of Ms. Castillo

and other non-English-speaking employees based on their national origin.

8. The effect of the practice(s) complained of in paragraph 7 above has been to

deprive Gilma Castillo and other similarly situated individuals of equal employment

opportunities and otherwise adversely affect their status as employees, because of their national

origin.

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 Gilma Castillo

and other similarly situated individuals.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant Employer, its officers,

successors, assigns, and all persons in active concert or participation with it, from engaging in

unlawful employment practices which discriminate on the basis of national origin.

B.

Order Defendant Employer to institute and carry out policies, practices, and

programs which provide equal employment opportunities for employees without regard to their

national origin, which eliminate all forms of discrimination on the basis of national origin, and

eradicate the effects of its past and present unlawful employment practices.

3

Case 8:05-cv-01231-JDW-TBM Document 13 Filed 05/15/2006 Page 4 of 5
C. Order Defendant Employer to make whole Gilma Castillo and any other similarly situated individuals, by providing appropriate back pay, with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Gilma Castillo and any other similarly situated individuals or front pay in lieu thereof.
D. Order Defendant Employer to make whole Gilma Castillo and any other similarly situated individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including out of pocket losses, in amounts to be determined at trial.
E. Order Defendant Employer to make whole Gilma Castillo and any other similarly situated individuals, by providing compensation for nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including past and future emotional pain, suffering, inconvenience, loss of enjoyment of life, anxiety and humiliation, in amounts to be determined at trial.
F. Order Defendant Employer to pay Gilma Castillo and any other similarly situated individuals punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
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Case 8:05-cv-01231-JDW-TBM Document 13 Filed 05/15/2006 Page 5 of 5
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised in the complaint.
Respectfully Submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel DELNER FRANKLIN-THOMAS Regional Attorney s/ Carla J. Von Greiff CARLA J. VON GREIFF Florida Bar No. 0110566 Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 501 East Polk Street, Suite 1000 Tampa, Florida 33602 Tel: (813) 202-7903 Tel: (813) 202-2310 Fax (813) 228-2045
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U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:05-cv-01231-JDW-TBM

CLOSED

U.S. Equal Employment Opportunity Commission v. Hospital Housekeeping Systems, LTD Assigned to: Judge James D. Whittemore Referred to: Magistrate Judge Thomas B. McCoun, III Cause: 28:451 Employment Discrimination

Date Filed: 06/30/2005 Date Terminated: 06/30/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
U.S. Equal Employment Opportunity Commission

represented by 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

Eric S. Dreiband Mayer, Brown, Rowe & Maw, LLP 71 S Wacker Dr Chicago, IL 60606 305/530-6001 Fax: 305/536-4494 TERMINATED: 07/12/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Y. Reams Equal Employment Opportunity Commission

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Miami District Office One Biscayne Tower Two S. Biscayne Blvd., Suite 2700 Miami, FL 33131 305/530-6010 Fax: 305/536-4494 TERMINATED: 07/12/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James L. Lee US Equal Opportunity Employment Commission Miami District Office One Biscayne Tower, Suite 2700 Two Biscayne Blvd. Miami, FL 33131 305/530-6001 Fax: 305/536-4494 TERMINATED: 07/12/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Farrell Jill S. Schwartz & Associates, PA Suite 200 180 Park Ave N Winter Park, FL 32789 407/647-8911 Fax: 407/628-4994 Email: mfarrell@schwartzlawfirm.net TERMINATED: 10/07/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Muslima Lewis American Civil Liberties Union Foundation of Florida, Inc. Suite 340 4500 Biscayne Blvd Miami, FL 33137 786/363-2729 Fax: 786/363-1448 Email: mlewis@aclufl.org TERMINATED: 10/07/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.

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Defendant Hospital Housekeeping Systems, LTD

represented by David B. Moffett Rissman, Barrett, Hurt, Donahue & McLain, PA 201 E Pine St - Ste 1500 PO Box 4940 Orlando, FL 32802-4940 407/839-0120 Ext 3186 Fax: 407/841-9726 Email: David.Moffett@Rissman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathleen Smyth Cumming Rissman, Barrett, Hurt, Donahue & McLain, PA 201 E Pine St - Ste 1500 PO Box 4940 Orlando, FL 32802-4940 407/839-0120 Fax: 407/841-9726 Email: katie.cumming@rissman.com TERMINATED: 05/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/30/2005
06/30/2005 07/11/2005 07/12/2005
08/29/2005 09/01/2005

#

Docket Text

1 COMPLAINT against Hospital Housekeeping Systems, LTD ; jury demand , filed by U.S. Equal Employment Opportunity Commission.(apv, ) (Entered: 06/30/2005)
2 Summons issued as to Hospital Housekeeping Systems, LTD. Consent(s) issued. (apv, ) (Entered: 06/30/2005)
3 NOTICE of designation under Local Rule 3.05 - track 2. (ao) (Entered: 07/11/2005)
4 NOTICE by U.S. Equal Employment Opportunity Commission Of Designation For Receipt Of Service Via CM/ECF System (Lewis, Muslima) (Entered: 07/12/2005)
5 ANSWER to complaint and Affirmative Defenses by Hospital Housekeeping Systems, LTD.(apv, ) (Entered: 08/30/2005)
6 NOTICE of compliance by U.S. Equal Employment Opportunity Commission re 3 Related case order and notice of designation of track 2 (Lewis, Muslima) Modified on 9/2/2005 (apv, ). (Entered: 09/01/2005)

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10/07/2005 10/07/2005 10/31/2005
04/17/2006 05/04/2006 05/11/2006 05/15/2006 05/15/2006
05/17/2006 06/02/2006 06/20/2006
06/28/2006 06/30/2006 06/30/2006

7 NOTICE by U.S. Equal Employment Opportunity Commission of Substitution of Counsel (Von Greiff, Carla) (Entered: 10/07/2005)
8 CASE MANAGEMENT REPORT. (Von Greiff, Carla) (Entered: 10/07/2005)
9 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial Conference set for 11/3/2006 10:30 AM in Courtroom 13 B before Judge James D. Whittemore. Jury Trial set for 12/4/2006 09:00 AM in Courtroom 13 B before Judge James D. Whittemore.Signed by Judge James D. Whittemore on 10/31/2005. (ao) (Entered: 10/31/2005)
10 NOTICE by U.S. Equal Employment Opportunity Commission of Scheduling Mediation (Von Greiff, Carla) (Entered: 04/17/2006)
11 Unopposed MOTION for leave to file Amended Complaint by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A- Amended Complaint)(Von Greiff, Carla) (Entered: 05/04/2006)
12 ORDER granting 11 Plaintiff's Unopposed Motion for leave to file Amended Complaint. Signed by Judge James D. Whittemore on 5/10/2006. (kle) (Entered: 05/11/2006)
13 AMENDED COMPLAINT against Hospital Housekeeping Systems, LTD, filed by U.S. Equal Employment Opportunity Commission.(Von Greiff, Carla) (Entered: 05/15/2006)
14 NOTICE by Hospital Housekeeping Systems, LTD (Moffett, David) Wrong event code was used, document not signed nor dated. Counsel's office contacted and instructed to re-file. Modified on 5/16/2006 (apv, ). (Entered: 05/15/2006)
15 NOTICE of Appearance and substitution of counsel by David B. Moffett on behalf of Hospital Housekeeping Systems, LTD (Moffett, David) Modified on 5/18/2006 (apv, ). (Entered: 05/17/2006)
16 NOTICE by U.S. Equal Employment Opportunity Commission of Re-Scheduling Mediation (Von Greiff, Carla) (Entered: 06/02/2006)
17 MOTION to compel Defendant's Responses to Interrogatories, Requests For Production of Documents and For Extension Of The Discovery and Other Deadlines by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Von Greiff, Carla) (Entered: 06/20/2006)
18 Joint MOTION For Approval of Consent Decree by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Von Greiff, Carla) (Entered: 06/28/2006)
19 CONSENT DECREE. Signed by Judge James D. Whittemore on 6/29/2006. (kle) (Entered: 06/30/2006)
20 ORDER granting 18 Motion for Approval of Consent Decree. The clerk is directed to close this case. Signed by Judge James D. Whittemore on 6/29/2006. (kle) (Entered: 06/30/2006)

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