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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. ____________-CIV-___________/____________

JERMAINE KENNEDY, an individual,

Plaintiff,

vs.

FIRSTSERVICE RESIDENTIAL, INC., a Delaware Corporation,

and FIRSTSERVICE RESIDENTIAL FLORIDA, INC., 

a Florida Corporation,

Defendants.

______________________________________________________/

COMPLAINT

1. Plaintiff, JERMAINE KENNEDY (hereinafter referred to as “Plaintiff” and 

“KENNEDY”), was an employee of Defendants, FIRSTSERVICE RESIDENTIAL, INC., a 

Delaware Corporation, and FIRSTSERVICE RESIDENTIAL FLORIDA, INC., a Florida 

Corporation (collectively referred to as “FIRSTSERVICE RESIDENTIAL” and “Defendants”), 

and Plaintiff brings this action against Defendants for violations of the Americans with Disabilities 

Act of 1990, 42 U.S.C. §12101 et seq., as amended through the ADA Amendments Act of 2008, 

P.L. 110-325, § 2, 122 Stat. 3553 (the “ADAAA”), and the Family and Medical Leave Act 

(FMLA), 29 U.S.C. §2601 et seq.

2. KENNEDY is an individual residing in Miami-Dade County, Florida, within the 

jurisdiction of this Court.

3. Defendants, FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE 

RESIDENTIAL FLORIDA, INC., have at all times material to this Complaint owned and operated 

a property management business that provides property management services to, inter alia, low, 

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mid, and high-rise condominium buildings, home owners associations, and master planned 

communications, with Defendants’ offices located at 1855 Griffin Road, Suite A-330, Dania 

Beach, Florida and 2950 North 28th Terrace, Hollywood, Florida in Broward County, within the 

jurisdiction of this Court.

4. Jurisdiction is conferred on this Court by 28 U.S.C. §1332 & §1337, 29 U.S.C. 

§12101, and 29 U.S.C. §2601.

5. Venue is proper in this Court pursuant to 28 U.S.C. §1391 because all of the events, 

or a substantial part of the events, giving rise to this action, occurred in Broward and Miami-Dade 

County, Florida, within the jurisdiction of the United States District Court for the Southern District 

of Florida.

6. At all times material to this action, KENNEDY was an “employee” of 

FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE RESIDENTIAL FLORIDA, INC.

within the meaning of the ADAAA, 42 U.S.C. §12111(4), 

7. At all times material to this action, KENNEDY was an “aggrieved person” within 

the meaning of the FCRA, F.S. §760.02(10).

8. At all times material to this action, FIRSTSERVICE RESIDENTIAL, INC. and 

FIRSTSERVICE RESIDENTIAL FLORIDA, INC. constituted an “employer” and/or joint 

employer of KENNEDY within the meaning of the ADAAA, 42 U.S.C. §12111(5), and the 

FMLA, 29 U.S.C. §2611(4), §2612, §2614(a), §2615(a)(1) and §2617(a), because Defendants

were a business engaged in interstate commerce and had Fifty (50) or more employees in each of 

Twenty (20) or more calendar weeks in the current or preceding year.

9. In approximately January 2018, Defendants hired KENNEDY as an “Overnight 

Operations Manager” based upon an hourly rate of approximately $13.00/hour.

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10. In or around August 2019, KENNEDY injured his lower back and right hip in a car 

accident and Plaintiff was subsequently out of work on medical leave under the Family and 

Medical Leave Act for approximately eight (8) weeks during part of September 2019 and all of

October 2019 before returning to work with Defendants in around November 2019.

11. Between approximately January 2018 and early January 2020, KENNEDY was 

assigned by Defendants to work as the “Overnight Operations Manager” at the “Biscayne Beach 

Condominium” located at 2900 NE 7th Avenue, Miami, Florida 33137 on a shift between 

approximately 10:45 p.m. and 7:15 a.m., with Plaintiff’s primary duties consisting of walking the 

building/garage and common areas and checking for any problems to be reported and addressed 

such as, for example, water leaks and noise complaints.

12. At all times material to this action between approximately August 2018 and January 

2020, KENNEDY was an individual with one or more serious health conditions, including but not 

necessarily limited to a chronic kidney disorder or disease,

1 which affected, inter alia, sleep apnea 

that causes a loss of oxygen, high blood pressure, severe headaches, and problems with the 

functioning of KENNEDY’s kidneys.

13. At all times material to this action between approximately August 2018 and January

2020, KENNEDY suffered from a “physical impairment” within the meaning of the ADA, 29 

C.F.R. §1630.2(h)(1), as a result of KENNEDY’s chronic kidney disorder or disease and resulting 

medical issues, including but not limited to, Plaintiff suffering from one or more physiological 

disorders or conditions affecting one or more of KENNEDY’s major bodily functions, including 

but not limited to Plaintiff’s kidneys, and Plaintiff’s body systems including but not necessarily 

limited to KENNEDY’s urinary/renal and cardiovascular systems.

1 KENNEDY was diagnosed with a chronic kidney condition in or around November 2016.

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14. KENNEDY worked more than 1,250 hours for Defendants during the twelve (12) 

month period leading up to January 2020, such that KENNEDY was, at all times material to this 

action, an eligible employee under the FMLA, 29 U.S.C. §2611(2), §2612, §2614(a), §2615(a)(1), 

and §2617(a).

15. KENNEDY’s chronic kidney disorder and/or disease and medical conditions 

constitute one or more “serious health conditions” within the meaning of 29 U.S.C. 

§2612(a)(1)(D). 

16. KENNEDY was eligible for and entitled to FMLA leave in 2020 pursuant to 29 

U.S.C. §2612(a)(1)(D) because of Plaintiff’s serious health conditions.

17. At all times material to this action, KENNEDY satisfactorily performed his

essential job duties for FIRSTSERVICE RESIDENTIAL.

18. On Wednesday, January 1, 2020, during KENNEDY’s shift for FIRSTSERVICE 

RESIDENTIAL that started the prior evening, December 31, 2019, Plaintiff became ill and went 

to the emergency room at Homestead-Baptist Hospital because of KENNEDY’s chronic kidney

disorder or disease and medical conditions, which include sleep apnea that causes a loss of oxygen, 

high blood pressure, severe headaches, and problems with the functioning of KENNEDY’s 

kidneys.

19. KENNEDY called FIRSTSERVICE RESIDENTIAL on January 1, 2020 in order 

to notify Defendants that Plaintiff had to go to the emergency room because of severe high blood 

pressure and his chronic kidney disorder, at which time KENNEDY’s supervisor, Defendants’ 

Operations Manager, Timothy Lee, was out, so Plaintiff informed Harold, an “Operations 

Manager” on duty, that KENNEDY was at the hospital for severe high blood pressure.

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20. KENNEDY was ultimately admitted to Homestead-Baptist Hospital on January 1, 

2020 because of severe high blood pressure and, inter alia, and tests including bloodwork which 

showed that KENNEDY’s kidneys may be failing.

21. After KENNEDY was admitted to Homestead-Baptist Hospital, Plaintiff informed 

Timothy Lee at FIRSTSERVICE RESIDENTIAL on the afternoon of January 1, 2020 that 

Plaintiff would be unable to work for two (2) days because KENNEDY was admitted to the 

hospital.

22. On or around Thursday, January 2, 2020, KENNEDY was discharged from 

Homestead-Baptist Hospital.

23. However, KENNEDY began experiencing physical problems, including chest pain,

while Plaintiff was at home over the weekend, as a result of which KENNEDY first went to an 

Urgent Care on Sunday, January 5, 2020, following which Plaintiff was sent to West Kendall

Baptist Hospital on January 5th, where KENNDY was admitted to the hospital and underwent 

further bloodwork and testing.

24. On the morning of Monday, January 6, 2020, KENNEDY called his supervisor,

Timothy Lee, and notified FIRSTSERVICE RESIDENTIAL that Plaintiff was again hospitalized 

because of continuing, serious medical problems.

25. Significantly, Timothy Lee told KENNEDY on the morning of January 6, 2020

“not to worry” about Plaintiff’s job because “the job will be here,” while Mr. Lee also told 

KENNEDY to just "get well."

26. On the morning on Tuesday, January 7, 2020, KENNEDY notified Timothy Lee 

that Plaintiff would be undergoing vascular surgery for KENNEDY’s kidney disorder and Plaintiff 

would be absent from work for a few days. In this regard, KENNEDY asked Mr. Lee on January 

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7th about Plaintiff taking medical leave from his employment with FIRSTSERVICE 

RESIDENTIAL —or any other type of leave as a result of Plaintiff’s serious medical condition—

but Mr. Lee responded that he needed to check with Defendants’ Association Property Manager, 

Sean Estevez, since KENNEDY was having surgery for a serious illness. 

27. However, a few hours later on January 7, 2020, Sean Estevez called KENNEDY

and notified Plaintiff that he was being fired by FIRSTSERVICE RESIDENTIAL because 

Plaintiff had previously been out on FMLA leave in 2019 and Plaintiff was now sick again, as part 

of which Mr. Estevez said that Defendants needed “someone we can rely on.”

28. On Wednesday, January 8, 2020, KENNEDY had AV (arteriovenous) fistula 

surgery at West Kendall Baptist Hospital, during which surgery a vein was connected, through 

KENNEDY’s left arm, to one of KENNEDY’s arteries for Plaintiff’s chronic kidney disorder.

29. Following KENNEDY’s surgery, further bloodwork on Plaintiff conducted in early 

January 2020 showed that KENNEDY did not require dialysis at that time to ensure the proper 

functioning of Plaintiff’s kidneys.

30. On Thursday, January 9, 2020, KENNEDY was discharged from West Kendall

Baptist Hospital, at which time Plaintiff was fully capable of performing his essential duties for 

FIRSTSERVICE RESIDENTIAL as an “Overnight Operations Manager.”

31. When KENNEDY notified FIRSTSERVICE RESIDENTIAL in January 2020 of 

the reasons for Plaintiff’s need to take time off from work in connection with his chronic kidney 

disorder and surgery, KENNEDY provided Defendants with sufficient information for 

FIRSTSERVICE RESIDENTIAL to understand that KENNEDY needed and was entitled to leave 

for FMLA-qualifying reasons in accordance with the FMLA, 29 C.F.R. §825.302. 

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32. However, although FIRSTSERVICE RESIDENTIAL was aware in January 2020 

of the facts and circumstances surrounding KENNEDY’s need for medical leave for FMLAqualifying reasons—or at a minimum, that Plaintiff’s need for time off “may be for” an FMLAqualifying reason—Defendants failed to notify KENNEDY of his eligibility for this time off to be 

FMLA-protected leave, as required by the FMLA, 29 C.F.R. §825.300(b)(1), as a result of which 

Defendants interfered with KENNEDY’s right to FMLA-protected leave in January 2020.

33. FIRSTSERVICE RESIDENTIAL’s termination of KENNEDY’s employment in 

January 2020 was discriminatory and retaliatory as a result of KENNEDY taking time off for one 

or more serious health conditions and/or was because of KENNEDY’s actual or perceived 

disability/handicap, in violation of both the ADA and FMLA.

EXHAUSTION OF ADMINISTRATVIE REMEDIES

34. On February 14, 2020, KENNEDY filed a Charge of Discrimination with the 

United States Equal Employment Opportunity Commission (EEOC) and Florida Commission for 

Human Relations (FCHR), EEOC Charge No. 510-2020-02551, against FIRSTSERVICE 

RESIDENTIAL alleging that he had been subjected to disability/handicap discrimination and 

retaliation in violation of the Americans with Disabilities Act and the Florida Civil Rights Act. A 

copy of KENNEDY’s Charge of Discrimination is attached hereto as Exhibit A.

35. On or around April 17, 2020, the EEOC issued a Dismissal and Notice of Suit 

Rights to KENNEDY in connection with Charge No. 510-2020-02551. See Exhibit B.

36. KENNEDY’s Complaint in this action is being filed with the Court on April 22, 

20120 within Ninety (90) days of KENNEDY’s receipt on or around April 17, 2020 of the EEOC’s 

Dismissal and Notice of Suit Rights for Charge No. 510-2020-02551.

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COUNT I

DISABILITY DISCRIMINATION IN VIOLATION OF 

THE AMERICANS WITH DISABILITIES ACT

Plaintiff, JERMAINE KENNEDY, reasserts and reaffirms the allegations of Paragraphs 1 

through 36 as if fully set forth herein and further states that this is an action against

FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE RESIDENTIAL FLORIDA, INC.

for disparate treatment and disability discrimination in violation of the Americans with Disabilities 

Act of 1990, 42 U.S.C. §12101 et seq., as amended through the ADA Amendments Act of 2008, 

P.L. 110-325, § 2, 122 Stat. 3553. (“ADAAA”).

37. The Americans with Disabilities, the ADA and ADAAA, 42 U.S.C. §12112(a), 

prohibits discrimination “against a qualified individual on the basis of disability in regard to job 

application procedures, the hiring, advancement, or discharge of employees, employee 

compensation, job training, and other terms, conditions, and privileges of employment. 

38. At all times material to this action, KENNEDY suffered from a chronic kidney

disorder and/or other medical conditions which affected Plaintiff’s urinary/renal and 

cardiovascular systems and which manifested physical problems during KENNEDY’s

employment with FIRSTSERVICE RESIDENTIAL including but not necessarily limited to 

Plaintiff experiencing chest pain, high blood pressure, severe headaches, and problems with the 

functioning of KENNEDY’s kidneys

39. At all times material to this action, KENNEDY suffered from one or more 

“physical impairments” within the meaning of the ADA and ADAAA, 29 C.F.R. §1630.2(h)(1), 

as a result of a chronic kidney disorder and/or other physiological disorders or conditions which 

affected (a) KENNEDY’s urinary/renal and cardiovascular systems; and (b) one or more of

KENNEDY’s major bodily functions, including but not necessarily limited to KENNEDY’s 

kidneys. 

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40. At all times material to this action, KENNEDY was substantially limited in one or 

more “major life activities” within the meaning of the ADA and ADAAA, 29 C.F.R. §1630.2(i), 

including but not necessarily limited to breathing, as well as the operation of one or more of 

Plaintiff’s kidneys and major bodily functions including but not necessarily limited to functions of 

his urinary/renal and cardiovascular systems.

41. At all times material to this action, KENNEDY was an individual with a 

“disability” as defined by the ADA and ADAAA, 42 U.S.C. § 12102(1), because Plaintiff (a) 

suffered physical impairments that substantially limited one or more major life activities; (b) had 

a record of such impairments; and/or (c) was regarded by FIRSTSERVICE RESIDENTIAL as a 

person with such impairments.

42. At all times material to this action, KENNEDY had to endure substantial limitations 

as a result of Plaintiff’s chronic kidney disorder and related medical conditions within the meaning 

of the ADA and ADAAA, 29 C.F.R. §1630.2(j), because KENNEDY’s conditions substantially 

limited Plaintiff’s ability to perform one or more major life activities—including but not 

necessarily limited to, breathing, and the functioning of KENNEDY’s kidneys—as compared to

most people in the general population.

43. At all times material to this action, KENNEDY has been “disabled” within the 

meaning of the ADA and ADAAA, 42 U.S.C. §12102(1)(A), because KENNEDY’s chronic 

kidney disorder and related medical conditions are actual physical impairments that substantially 

limit one or more of KENNEDY’s major life activities.

44. In addition, at all times material to this action, KENNEDY has also been “disabled” 

within the meaning of the ADA and ADAAA, 42 U.S.C. §12102(1)(C), because KENNEDY was 

regarded by FIRSTSERVICE RESIDENTIAL as having a physical impairment that substantially

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limited one or more of his major life activities as a result of KENNEDY’s kidney disorder and 

related medical conditions.

45. At all times material to this action, KENNEDY was a “qualified individual” as that

term is defined by the ADA and ADAAA, 42 U.S.C. §12111(8), because Plaintiff was able to 

satisfactorily perform the essential functions of his job as an “Overnight Operations Manager” for

FIRSTSERVICE RESIDENTIAL between approximately August 2018 and January 2020 with or 

without reasonable accommodation by Defendants.

46. At all times material to this action, KENNEDY was a “qualified individual with a 

disability” within the meaning of the ADA and ADAAA, 29 C.F.R. §1630.2(m) and 42 U.S.C. 

§12111(8), because KENNEDY possessed the requisite skill and experience to carry out his duties

for FIRSTSERVICE RESIDENTIAL between approximately August 2018 and January 2020, and 

KENNEDY likewise was capable of performing the essential functions of his job despite 

KENNEDY’s disability, with or without reasonable accommodation(s) by FIRSTSERVICE 

RESIDENTIAL.

47. Further, KENNEDY was also qualified for his job with FIRSTSERVICE 

RESIDENTIAL between approximately August 2018 and January 2020 within the meaning of the 

ADA and ADAAA, 42 U.S.C. §12111(8) & (9), even in the face of the impact of KENNEDY’s

chronic kidney disorder and medical conditions because FIRSTSERVICE RESIDENTIAL could

have and should have provided KENNEDY with reasonable accommodation(s) including but not 

limited to time off and/or a modified work schedule because of Plaintiff’s medical conditions.

48. On multiple occasions between approximately August 2018 and January 2020, 

FIRSTSERVICE RESIDENTIAL subjected KENNEDY to disparate treatment and discrimination

in violation of 42 U.S.C. §12112 which was motivated by KENNEDY’s disability and Defendant

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discriminated against KENNEDY because of his disability in violation of 42 U.S.C. §12112, 

including but by FIRSTSERVICE RESIDENTIAL, inter alia: (a) harassing KENNEDY because 

of his disability/handicap; (b) disciplining Plaintiff in approximately late April 2019 for the 

asserted reasons that Plaintiff (i) engaged in unprofessional or disrespectful conduct; and (ii) was 

under the influence of alcohol at work; (c) denying KENNEDY’s request for a reasonable 

accommodation for Plaintiff’s disability/handicap; and (d) terminating KENNEDY’s employment 

in January 2020 based upon false and/or pretextual grounds because of Plaintiff’s actual or 

perceived disability.

49. FIRSTSERVICE RESIDENTIAL subjected KENNEDY to disparate treatment and 

discrimination in January 2020 in violation of 42 U.S.C. §12112, which disparate treatment and 

discrimination was motivated by KENNEDY’s disability, and Defendants unlawfully terminated 

KENNEDY’s employment in January 2020 because of KENNEDY’s actual and/or perceived 

disability, in violation of 42 U.S.C. §12112(a).

50. The reasons proffered by FIRSTSERVICE RESIDENTIAL in January 2020 for 

terminating KENNEDY’s employment were false and a pretext for discrimination against 

KENNEDY because of his actual or perceived disability in violation of 42 U.S.C. §12112(a).

51. KENNEDY’s actual and/or perceived disability was a motivating factor in 

FIRSTSERVICE RESIDENTIAL’s decision to terminate KENNEDY’s employment in January 

2020, in violation of 42 U.S.C. §12112. 

52. FIRSTSERVICE RESIDENTIAL knowingly and willfully engaged in conduct 

prohibited by the ADA and ADAAA against KENNEDY because of his disability so as to 

discourage, dissuade and/or otherwise dishearten KENNEDY.

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53. FIRSTSERVICE RESIDENTIAL’s violations of the ADA and ADAAA were 

intentional and were done with malice or reckless indifference to KENNEDY’s rights guaranteed 

under the laws of the United States.

54. KENNEDY has suffered and continues to suffer loss of earnings, emotional 

distress, loss of self-esteem and other injuries as a direct result of FIRSTSERVICE 

RESIDENTIAL’s violations of the ADA and ADAAA.

55. KENNEDY has retained the undersigned counsel to represent him in this action 

and pursuant to 42 U.S.C. §12205, KENNEDY is entitled to recover all reasonable attorneys’ fees 

and costs from FIRSTSERVICE RESIDENTIAL. 

WHEREFORE, Plaintiff, JERMAINE KENNEDY, demands judgment against 

Defendants, jointly and severally, FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE 

RESIDENTIAL FLORIDA, INC., for back pay, employment benefits, other compensation 

including bonuses, compensatory damages, punitive damages, equitable relief including but not 

limited to reinstatement and/or front pay, injunctive relief, interest, attorneys’ fees, costs, expert 

fees and such other and further relief as this Honorable Court deems proper.

COUNT II

RETALIATION IN VIOLATION OF THE AMERICANS WITH DISABILITIES ACT

Plaintiff, JERMAINE KENNEDY, reasserts and reaffirms the allegations of Paragraphs 1 

through 36 as if fully set forth herein and further states that this is an action against 

FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE RESIDENTIAL FLORIDA, INC.

for Retaliation in violation of the Americans with Disabilities Act, 42 U.S.C. §12203, as amended 

through the ADA Amendments Act of 2008, P.L. 110-325, § 2, 122 Stat. 3553.

56. The Americans with Disabilities, ADA and ADAAA, 42 U.S.C. §12203(a), 

provides that: “No person shall discriminate against any individual because such individual has 

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opposed any act or practice made unlawful by this chapter or because such individual made a 

charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing 

under this chapter.”

57. Similarly, the ADA and ADAAA also provide, 42 U.S.C. §12203(b), that it shall 

“be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or 

enjoyment of, or an account of his or her having exercised or enjoyed, or on account of his or her 

having aided or encouraged any other individual in the exercise or enjoyment of, any right granted 

or protected by this chapter.” 

58. At all times material to this action, KENNEDY was an individual with a 

“disability” as defined by the ADA and ADAAA, 42 U.S.C. § 12102(1), because Plaintiff (a) 

suffered physical impairments that substantially limited one or more major life activities; (b) had 

a record of such impairments; and/or (c) was regarded by FIRSTSERVICE RESIDENTIAL as a 

person with such impairments.

59. KENNEDY was at all times material to this action a “qualified individual” as that 

term is defined by the ADA and ADAAA, 42 U.S.C. §12111(8), because Plaintiff was able to 

satisfactorily perform the essential functions of his job as an “Overnight Operations Manager” for

FIRSTSERVICE RESIDENTIAL between approximately August 2018 and January 2020 with or 

without reasonable accommodation.

60. KENNEDY engaged in statutorily protected activity under the ADA and ADAAA

on multiple occasions between approximately January 1, 2020 and January 7, 2020 by, inter alia, 

KENNEDY exercising or attempting to exercise or enjoy his rights under the ADA, including but 

not limited to: (a) Plaintiff repeatedly communicating to Defendants’ management between 

January 1, 2020 and January 7, 2020 the reasons Plaintiff was absent from work because of his 

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chronic kidney disorder and surgery; (b) Plaintiff requesting Defendants provide KENNEDY with 

medical leave in January 2020 because of Plaintiff’s chronic kidney disorder and surgery.

61. FIRSTSERVICE RESIDENTIAL subjected KENNEDY to adverse employment 

actions including but not necessarily limited to: (a) denying Plaintiff time off for his disability and 

surgery in January 2020; (b) terminating KENNEDY’s employment in January 2020 based upon 

discriminatory and/or pretextual grounds because of Plaintiff seeking medical leave for his 

disability and Plaintiff’s good faith objections to Defendants’ management about discrimination 

because of an actual or perceived disability, all because KENNEDY engaged in statutorily 

protected activity under the ADA and ADAAA. 

62. FIRSTSERVICE RESIDENTIAL’s retaliatory actions against KENNEDY

constitute violations of the ADA and ADAAA, which prohibits employers from discriminating 

against an individual because he has opposed any act or practice made unlawful under the 

ADA/ADAAA, 42 U.S.C. §12203(a), and also prohibits employers from coercing, intimidating, 

threatening, or interfering with any individual in the exercise or enjoyment of rights under the 

ADA/ADAAA on account of him having exercised or enjoyed or attempted to exercise or enjoy 

such rights, 42 U.S.C. §12203(b).

63. FIRSTSERVICE RESIDENTIAL’s termination of KENNEDY’s employment in 

January 2020 was unlawful retaliation in violation of 42 U.S.C. §12203 because of Plaintiff

seeking medical leave under the ADA and Plaintiff’s good faith objections to and complaints about 

FIRSTSERVICE RESIDENTIAL’s disparate treatment and disability discrimination, in violation 

of the ADA.

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64. The fact that KENNEDY engaged in activity protected by the ADA was a 

motivating factor in FIRSTSERVICE RESIDENTIAL’s termination of Plaintiff’s employment in 

January 2020, in violation of 42 U.S.C. §12203.

65. The reasons proffered by FIRSTSERVICE RESIDENTIAL in January 2020 for 

terminating KENNEDY’s employment were a pretext for unlawful retaliation against KENNEDY

in violation of 42 U.S.C. §12203.

66. As a direct and proximate result of FIRSTSERVICE RESIDENTIAL’s unlawful 

retaliation against KENNEDY in violation of the ADA, Plaintiff has suffered damages and has 

been deprived of job-related economic benefits, all in amounts to be established at trial.

67. FIRSTSERVICE RESIDENTIAL’s actions have caused KENNEDY to suffer 

damages for emotional distress, mental anguish, loss of enjoyment of life, and other non-pecuniary 

losses.

68. FIRSTSERVICE RESIDENTIAL’s actions were undertaken intentionally, 

willfully, and maliciously with respect to, or with malice and/or reckless disregard for, 

KENNEDY’s federally protected rights under the ADA, as a result of which Plaintiff is entitled to 

punitive damages from Defendants.

69. Pursuant to 42 U.S.C. §12205, KENNEDY is entitled to recover all reasonable 

attorneys’ fees and costs from FIRSTSERVICE RESIDENTIAL as a result of Defendants’ 

violations of the ADA’s anti-retaliation provisions. 

WHEREFORE, Plaintiff, JERMAINE KENNEDY demands judgment against Defendants,

jointly and severally, FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE 

RESIDENTIAL FLORIDA, INC., for back pay, employment benefits, other compensation 

including bonuses, compensatory damages, punitive damages, equitable relief including but not 

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limited to reinstatement and/or front pay, injunctive relief, interest, attorneys’ fees, costs, expert 

fees and such other and further relief as this Honorable Court deems proper.

COUNT III

INTERFERENCE IN VIOLATION OF THE FAMILY AND MEDICAL LEAVE ACT

Plaintiff, JERMAINE KENNEDY, reasserts and reaffirms the allegations of Paragraphs 1 

through 36 and further states that this is an action against FIRSTSERVICE RESIDENTIAL, INC. 

and FIRSTSERVICE RESIDENTIAL FLORIDA, INC. for Interference in violation of the Family 

and Medical Leave Act, 29 U.S.C. §2615.

70. The FMLA, 29 U.S.C. §2615(a)(1), provides that it shall be unlawful for any 

employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right 

provided under 29 U.S.C. §2611, et seq. 

71. Under the FMLA, when the timing of an employee’s need for FMLA leave is not 

foreseeable, an employee is only required provide notice to his employer “as soon as practicable 

under the facts and circumstances of the particular case.” 29 CFR §825.303(a). 

72. Similarly, where an emergency condition requires leave because of an FMLAqualifying reason, written advance notice pursuant to an employer’s standard rules and procedures 

is not required when medical leave is involved. 29 CFR §825.303(c). 

73. KENNEDY provided FIRSTSERVICE RESIDENTIAL in January 2020 with 

sufficient facts and notice of his need for medical leave due to Plaintiff’s serious health conditions.

74. On multiple occasions between approximately September 2019 and November 

2019, as well as between January 1, 2020 and January 7, 2020, KENNEDY exercised, and/or 

attempted to exercise, rights guaranteed under and protected by the FMLA, 29 U.S.C. 

§§2612(a)(1)(D).

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75. KENNEDY’s chronic kidney disorder and related medical conditions constitute

one or more “serious health conditions” within the meaning of the FMLA, 29 U.S.C. 

§2612(a)(1)(D). 

76. By exercising and/or attempting to exercise his rights under the FMLA on multiple 

occasions with FIRSTSERVICE RESIDENTIAL between January 1, 2020 and January 7, 2020—

as well as KENNEDY’s prior medical leave between approximately September 2019 and 

November 2019— including but not necessarily limited to KENNEDY’s right to medical leave 

under the FMLA, KENNEDY engaged in activity protected by the FMLA, 29 U.S.C. §2611 et 

seq., triggering the protections of the FMLA, specifically including but not limited to 

KENNEDY’s rights pursuant to: (a) 29 U.S.C. §2612 to take up to twelve (12) workweeks of 

leave because of a “serious health condition”; and (b) 29 U.S.C. §2614 to be restored to his

position, or to an equivalent position with equivalent benefits, pay, and other terms and conditions 

of employment upon his return from leave.

77. FIRSTSERVICE RESIDENTIAL interfered with KENNEDY’s right to take 

medical leave in January 2020 under the FMLA for one or more serious health conditions when 

Defendant had knowledge of KENNEDY’s exercise and/or attempted exercise of rights guaranteed 

under and protected by the FMLA, in violation of 29 U.S.C. 2615(a)(1).

78. Moreover, FIRSTSERVICE RESIDENTIAL disregarded Defendants’ obligations 

as an employer under the FMLA by, inter alia, failing to inform KENNEDY that his medicallyrelated absences between approximately January 1, 2020 and January 7, 2020 were, or may have 

been, for an FMLA-qualifying reason, in violation of 29 C.F.R. §825.300(b), which regulation 

requires that when an employee requests FMLA leave, or when an employer acquires knowledge 

that an employee’s leave may be for an FMLA qualifying reason, the employer must notify the 

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employee of the employee’s eligibility to take FMLA leave within five (5) business days, including 

providing the employee with a formal notice indicating, inter alia, whether the employee is eligible 

for FMLA leave as defined by the law.

79. On January 7, 2020, FIRSTSERVICE RESIDENTIAL interfered with 

KENNEDY’s rights under the FMLA when FIRSTSERVICE RESIDENTIAL terminated 

KENNEDY’s employment in violation of 29 U.S.C. §2612(a)(1)(D) for a reason which was 

discriminatory and pretextual and at a point when KENNEDY had not exhausted twelve (12) 

workweeks of medical leave which KENNEDY was entitled to under the FMLA because of his 

“serious health conditions.”

80. As a result of FIRSTSERVICE RESIDENTIAL’s violations of KENNEDY’s

rights protected by the FMLA, KENNEDY has suffered damages including but not necessarily 

limited to unpaid wages and lost employment benefits.

81. FIRSTSERVICE RESIDENTIAL’s violations of the FMLA were willful, 

intentional and not done in good faith. 

82. Pursuant to 29 U.S.C. §2617(a)(1)(iii), KENNEDY is entitled to an award of 

liquidated damages from FIRSTSERVICE RESIDENTIAL equal to the sum of the amount of all

salary, wages, bonuses, employment benefits, and other compensation denied to or lost by 

KENNEDY by reason of FIRSTSERVICE RESIDENTIAL’s violations of 29 U.S.C. §2615(a)(1).

83. Pursuant to 29 U.S.C. §2617(a)(3), KENNEDY is entitled to all reasonable 

attorneys’ fees, reasonable expert witness fees, and other costs of the action to be paid by 

FIRSTSERVICE RESIDENTIAL. 

WHEREFORE, Plaintiff, JERMAINE KENNEDY, demands judgment against 

Defendants, jointly and severally, FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE 

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RESIDENTIAL FLORIDA, INC., for back pay, employment benefits, other compensation 

including bonuses, liquidated damages, equitable relief including but not limited to front pay, 

interest, attorneys’ fees, costs and such other and further relief as this Honorable Court deems 

proper.

COUNT IV

RETALIATION IN VIOLATION OF THE FAMILY AND MEDICAL LEAVE ACT 

Plaintiff, JERMAINE KENNEDY, reasserts and reaffirms the allegations of Paragraphs 1 

through 36 and further states that this is an action against FIRSTSERVICE RESIDENTIAL, INC. 

and FIRSTSERVICE RESIDENTIAL FLORIDA, INC., for Retaliation in violation of the Family 

and Medical Leave Act, 29 U.S.C. §2615.

84. The FMLA, 29 U.S.C. §2601 et seq., prohibits an employer from retaliating against 

an eligible employee who has (a) obtained and/or attempted to obtain the benefits and protections 

of the FMLA; or (b) otherwise triggered the protections of, or engaged in activity protected by, the 

FMLA. In addition, 29 U.S.C. §2615 prohibits an employer from discharging or in any other 

manner discriminating against any individual for opposing any practice made unlawful by the Act.

85. On multiple occasions between January 1, 2020 and January 7, 2020, as well as 

between approximately September 2019 and November 2019, KENNEDY exercised, and/or 

attempted to exercise, his rights under the FMLA in accordance with 29 U.S.C. §§2612(a)(1)(D).

86. By exercising and/or attempting to exercise his rights under the FMLA on multiple 

occasions during his employment with FIRSTSERVICE RESIDENTIAL between approximately 

September 2019 and January 2020, including but not necessarily limited to KENNEDY’s right to 

medical leave under the FMLA, KENNEDY engaged in activity protected by the FMLA, 29 

U.S.C. §2611 et seq., triggering the protections of the FMLA, specifically including but not limited 

to KENNEDY’s rights pursuant to: (a) 29 U.S.C. §2612 to take up to twelve (12) workweeks of 

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leave because of a “serious health condition”; and (b) 29 U.S.C. §2614 to be restored to his

position, or to an equivalent position with equivalent benefits, pay, and other terms and conditions 

of employment upon his return from leave.

87. KENNEDY communicated with multiple members of FIRSTSERVICE 

RESIDENTIAL’s management on numerous occasions between January 1, 2020 and January 7, 

2020 about KENNEDY’s medical-related absences from work and KENNEDY’s surgery because 

of Plaintiff’s chronic kidney disorder and serious health conditions. 

88. FIRSTSERVICE RESIDENTIAL was fully aware and/or should have been aware

in January 2020 of its legal obligations as an employer covered by the FMLA.

89. On January 7, 2020, FIRSTSERVICE RESIDENTIAL retaliated against 

KENNEDY and unlawfully terminated Plaintiff’s employment in violation of 29 U.S.C. 

§2615(a)(1) when Defendant terminated FIRSTSERVICE RESIDENTIAL for a reason which was 

false and/or pretextual.

90. A motivating factor behind FIRSTSERVICE RESIDENTIAL’s decision to 

terminate KENNEDY’s employment was retaliation against KENNEDY because Plaintiff: (a) 

requested time off from work on one or more occasions between approximately September 2019

and January 2020 for FMLA-qualifying reasons; (b) was absent from his work for 

FIRSTSERVICE RESIDENTIAL on more than three (3) days because of Plaintiff’s own serious 

health conditions; and (c) FIRSTSERVICE RESIDENTIAL’s knowledge that KENNEDY sought 

and/or triggered the protections of the FMLA, including the benefits and protections associated 

with medical leave and job reinstatement guaranteed by the FMLA, all in violation of 29 U.S.C. 

§2615(a)(1).

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91. The reasons proffered by FIRSTSERVICE RESIDENTIAL to KENNEDY for 

terminating Plaintiff’s employment in January 2020 were discriminatory and were a pretext for 

Defendants’ violations of KENNEDY’s rights under the FMLA.

92. By subjecting KENNEDY to retaliation and terminating KENNEDY’s 

employment on January 7, 2020 because Plaintiff exercised and/or attempted to exercise his rights 

under the FMLA, as guaranteed by, inter alia, 29 U.S.C. §§2612(a)(1)(D) and (b), 

FIRSTSERVICE RESIDENTIAL intentionally retaliated against KENNEDY in violation of the 

FMLA.

93. As a result of FIRSTSERVICE RESIDENTIAL’s violations of KENNEDY’s 

rights protected by the FMLA, KENNEDY has suffered damages including but not necessarily 

limited to unpaid wages and lost employment benefits.

94. FIRSTSERVICE RESIDENTIAL’s violations of the FMLA were willful, 

intentional and not done in good faith. 

95. Pursuant to 29 U.S.C. §2617(a)(1)(iii), KENNEDY is entitled to an award of

liquidated damages from FIRSTSERVICE RESIDENTIAL equal to the sum of the amount of all 

wages, employment benefits, and other compensation denied to or lost by KENNEDY by reason 

of Defendants’ violations of 29 U.S.C. §2615(a)(1).

96. Pursuant to 29 U.S.C. §2617(a)(3), KENNEDY is entitled to all reasonable 

attorneys’ fees, expert witness fees, and other costs of the action to be paid by FIRSTSERVICE 

RESIDENTIAL. 

WHEREFORE, Plaintiff, JERMAINE KENNEDY, demands judgment against 

Defendants, jointly and severally, FIRSTSERVICE RESIDENTIAL, INC. and FIRSTSERVICE 

RESIDENTIAL FLORIDA, INC., for back pay, employment benefits, other compensation 

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including bonuses, compensatory damages, liquidated damages, equitable relief including but not 

limited to reinstatement and/or front pay, interest, attorneys’ fees, costs and such other and further 

relief as this Honorable Court deems proper.

JURY TRIAL DEMAND

JERMAINE KENNEDY demands trial by jury on all issues so triable.

Dated: April 23, 2020 Respectfully submitted,

By: s/KEITH M. STERN

Keith M. Stern, Esquire

Florida Bar No. 321000

E-mail: employlaw@keithstern.com

LAW OFFICE OF KEITH M. STERN, P.A.

80 S.W. 8th Street, Suite 2000

Miami, Florida 33132

Telephone: (305) 901-1379

Facsimile: (561) 288-9031

Attorneys for Plaintiff

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EXHIBIT A

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EXHIBIT B

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