1

THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION 

Case No. 

PATRICK HEURTELOU, JURY TRIAL DEMANDED 

Plaintiff,

vs.

AMERICAN TIRE DISTRIBUTORS, INC,

______________________________________/ 

COMES NOW, plaintiff PATRICK HEURTELOU (“plaintiff”) by his undersigned counsel, Law 

Offices of Michael E. Zapin (Michael E. Zapin, Esq.) sues the defendant AMERICAN TIRE 

DISTRIBUTORS, INC. (“defendant”) pursuant to Title VII of the Civil Rights Act of 1964 (“Title 

VII”) seeking redress and appropriate relief for the unlawful employment practices of the 

defendant in creating a racially-based hostile work environment and respectfully sets forth the 

following: 

I. JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to Title VII of the Civil Rights Act of 

1964, as codified, 42 U.S.C. §§ 2000e-5(f)(1) for discriminatory treatment (hostile 

work environment) of the plaintiff by the defendant based on the plaintiff’s race, and 

further invoked pursuant to 28 U.S.C. § 1331 because plaintiff’s claims arise under 

the laws of the United States. This Court may grant declaratory relief pursuant to 28 

U.S.C. §§ 2201 and 2202. 

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 1 of 17
2

2. Venue is proper in this district since defendant resides in this district, 28 U.S.C. § 

1391(b)(1) and a substantial part of the events giving rise to the plaintiff’s claims

occurred within this district, 28 U.S.C. § 1391(b) (2).

II. PARTIES

3. Plaintiff Patrick Heurtelou is an African-American male, otherwise su juris, residing 

in the State of Florida, County of Miami-Dade. 

4. Defendant American Tire Distributors, Inc. is a foreign corporation, duly authorized 

to conduct business in the State of Florida, with a principal place of business located 

at 11700 Miramar Pkwy #600, Miramar, FL 33025.

III. INVOCATION AND EXHAUSTION OF ADMINISTRATIVE REMEDY

5. Plaintiff timely filed a charge with the Equal Employment Opportunity Commission 

(“EEOC”) on or about 6/13/2019. True copy of same annexed hereto as Exhibit “A.”

6. On or about Tuesday January 21, 2020, plaintiff received the EEOC’s Dismissal and 

Notice of Right to Sue letter dated 12/19/19 (“Right to Sue” letter). True copy of same 

annexed hereto as Exhibit “B.”

7. As a result of plaintiff never having received the Right to Sue letter at the time of its

issuance, on or about January 17, 2020 the EEOC notified plaintiff that it was going to 

resend the original letter via certified mail and to “keep your envelope with the certified 

mail information.” See 1/17/20 email communication from EEOC’s Investigator, 

Katherine Gonzalez, annexed as Exhibit “C” along with copy of EEOC’s certified mail 

envelope postmarked January 27, 2020 annexed hereto as Exhibit “D.” 

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 2 of 17
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8. Accordingly, the within action has been timely commenced within 90 days of plaintiff’s 

actual receipt of said letter. 

COUNT I: 

HOSTILE WORK ENVIRONMENT IN VIOLATION OF TITLE VII OF THE CIVIL 

RIGHTS ACT OF 1964, AS AMENDED, 42 U.S.C. § 2000E ET SEQ.

9. Above paragraphs 1 through 8 are incorporated herein as though more fully set forth at 

length. 

10. In or about October of 2015, defendant hired plaintiff as a delivery driver, responsible

for loading, transporting, and delivering tires between defendant and its customers. 

11. Plaintiff was a competent, reliable driver and well-liked employee both by

management and staff, working within an environment that was civil, friendly and 

professional. 

12. In or around the early part of 2018, upon information and belief, defendant transferred 

one of its supervisors, one Brian Ashley (“Sup. Ashley”) from its Kentucky division to 

its Miramar division where plaintiff was employed.

13. Almost immediately upon Sup. Ashley’s transfer, his dislike and prejudice against 

African-Americans, Spanish and Latinos became obvious to those employees that were 

under Sup. Ashley’s supervision and regularly constrained to interact with him.

14. On multiple occasions Sup. Ashley would make racially charged derogatory “jokes” at 

plaintiff’s expense, in the presence of others, such as “everybody hide your wallets,” 

whenever plaintiff walked into a place of gathering at the workplace. 

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 3 of 17
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15. Plaintiff did not condone the racially charged comments, complained to Sup. Ashley 

and complained to his immediately managers, driver-manager Willie and warehouse 

manager Avilio about the inappropriate jokes. 

16. On regular occasions, Sup. Ashley would demean plaintiff and others by using the term 

“you people” in a condescending manner, when speaking directly to plaintiff about 

plaintiff and when speaking to plaintiff about other minority groups of truck drivers

and managers, often complaining that he could not understand “their way” of speaking

and (referring to plaintiff as part of that group) “you people all have your own 

language.” 

17. Plaintiff did not condone these additional racially charged comments by Sup. Ashley, 

plaintiff directed Sup. Ashley to cease from making such comments, and again 

complained to his immediately managers, driver-manager Willie and warehouse 

manager Avilio. 

18. As a result of plaintiff’s complaints, plaintiff suffered repercussions at the hands of 

defendant, through its Sup. Ashley, which manifested in two distinctive ways:

a. Sup. Ashley initially reduced the time of all drivers from working 5-day, 12-hour 

shifts (Monday through Friday), to working 4-day 12-hour shifts. Thereafter, Sup. 

Ashley pressured plaintiff to give up one of his regular 12-hour days, in exchange 

for working on Saturdays, which was a meager 4-hour shift. Saturday was the least 

desired day of the week for drivers, since the 4-hour shift would avoid significant 

overtime pay. Plaintiff refused to give up one of his full 12-hour workdays. 

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 4 of 17
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b. Upon information and belief, defendant, through Sup. Ashley tried to pressure 

plaintiff into giving up a regular 12-hour day, to make the job less desirable to 

plaintiff, in the hope that plaintiff would resign over it. 

c. In response to plaintiff’s refusal, on or about April 17, 2019, Sup. Ashley fabricated 

a complaint - purportedly by a concerned motorist- claiming that plaintiff was 

driving his truck with his tag visible to the concerned motorist (as a means of 

identifying plaintiff as the driver), and that the rear gate to plaintiff’s truck was 

unsecured, flapping up and down, creating a dangerous risk that product might fall 

off the truck and onto the road. When plaintiff later proved that the facts as alleged 

were not possible, due to the truck being a newer model with advanced safety 

features that only allow the rear gate to be in a fully-opened or fully-closed position, 

a fact that was validated by warehouse manager Willie and several other drivers 

that were in the work place vicinity when plaintiff returned from his shift, plaintiff 

was terminated, notwithstanding the sham nature of the complaint. 

19. That the condescending and racially charged language and off-colored jokes plaintiff 

suffered by defendant, through defendant’s supervisor, Sup. Ashley, caused plaintiff to 

suffer great humiliation, distress and embarrassment in the company of other workplace 

employees. 

20. That the dislike of plaintiff by defendant through its Sup. Ashley on account of 

plaintiff’s race, was the sole motivator to create a hostile and intolerable workplace 

environment and unacceptable working conditions for the plaintiff, hoping that same 

would lead to plaintiff voluntarily resigning from his position. 

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 5 of 17
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21. When plaintiff persevered, defendant wrongfully terminated plaintiff based on the 

forgoing wrongful conduct. 

WHEREFORE, for all of the forgoing reasons, on the basis of the violations asserted herein, 

plaintiff respectfully demands:

a. Declaratory relief that the practices described in this complaint have created a hostile 

work environment in violation of 42 U.S.C. § 2000e et seq.;

b. Compensatory damages to redress the injuries he suffered as a result of the defendant’s 

unlawful conduct, including but not limited to economic loss, humiliation, 

embarrassment, mental and emotional distress, anxiety, and the deprivation of his 

rights to work in an environment free from harassment based on plaintiff’s race;

c. Punitive damages;

d. Reasonable attorneys’ fees and costs of suit, and 

e. Such other and further relief this Court deems proper.

JURY DEMAND 

Plaintiff demands trial by jury on all counts of the complaint. 

DATED: APRIL 27, 2020 

__________________________________________

Michael E. Zapin, Esq. 

Fl. Bar No. 0037264

Law Offices of Michael E. Zapin 

20283 State Road 7, Suite 400

Boca Raton, FL 33498 

Tel. 561.367.1444

michaelEzapin@gmail.com

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 6 of 17
EEOC Form 5 (11/09)

CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s):

This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA

Statement and other information before completing this form.

X EEOC 510-2019-04617

Florida Commission On Human Relations and EEOC

State or local Agency, if any

NOTARY – When necessary for State and Local Agency Requirements I want this charge filed with both the EEOC and the State or local Agency, if any. I will

advise the agencies if I change my address or phone number and I will cooperate fully with

them in the processing of my charge in accordance with their procedures.

I declare under penalty of perjury that the above is true and correct.

I swear or affirm that I have read the above charge and that it is true to the

best of my knowledge, information and belief.

SIGNATURE OF COMPLAINANT

SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE

(month, day, year)

Digitally signed by Patrick Heurtelou on 06-13-2019 01:24 PM EDT

Name (indicate Mr., Ms., Mrs.) Home Phone Year of Birth

Mr. Patrick G Heurtelou (754) 244-3115 1978

Street Address City, State and ZIP Code

2261 S. Sherman Circle, MIRAMAR, FL 33025

Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated

Against Me or Others. (If more than two, list under PARTICULARS below.)

Name No. Employees, Members Phone No.

AMERCAN TIRE DISTRIBUTORS 501+ (954) 874-9410

Street Address City, State and ZIP Code

11700 Miramar Pakway, MIRAMAR, FL 33025

Name No. Employees, Members Phone No.

Street Address City, State and ZIP Code

 

DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PLACE

Earliest Latest

X RACE COLOR SEX RELIGION NATIONAL ORIGIN 03-15-2019 03-15-2019

RETALIATION AGE DISABILITY GENETIC INFORMATION

OTHER (Specify) CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):

I. I am Black. I worked for the above named Employer since October 5, 2016, as a Truck Driver. I was one of the top performer 

and was never disciplined. I was terminated on or about March 15, 2019, because of my race.

II. Brian Ashley(White), District Manager said a customer reported my back truck door was open. This is not true. I advised Mr. 

Ashley that my truck door was not open and the tag is not visible when the truck door is open. HR then said I was fired because 

they had to look into my file. Since Mr. Ashley started about 3 months ago he's fired 5 Black Drivers with only one violation. 

However, Miguel Tejeda (White), Truck Driver had 2 violations within his first 90 days and he was not fired. 

III. I believe the Employer discriminated against me in violation of Title VII of the Civil Rights Act of 1964, as amended.

Exhibit "A"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 7 of 17
CP Enclosure with EEOC Form 5 (11/09)

PRIVACY ACT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to request personal data

and its uses are:

1. FORM NUMBER/TITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09).

2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 2000ff-6.

3. PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise reduced to writing

(whether later recorded on this form or not) are, as applicable under the EEOC anti-discrimination

statutes (EEOC statutes), to preserve private suit rights under the EEOC statutes, to invoke the EEOC's

jurisdiction and, where dual-filing or referral arrangements exist, to begin state or local proceedings.

4. ROUTINE USES. This form is used to provide facts that may establish the existence of matters covered

by the EEOC statutes (and as applicable, other federal, state or local laws). Information given will be used

by staff to guide its mediation and investigation efforts and, as applicable, to determine, conciliate and

litigate claims of unlawful discrimination. This form may be presented to or disclosed to other federal,

state or local agencies as appropriate or necessary in carrying out EEOC's functions. A copy of this charge

will ordinarily be sent to the respondent organization against which the charge is made.

5. WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges must be reduced to

writing and should identify the charging and responding parties and the actions or policies complained

of. Without a written charge, EEOC will ordinarily not act on the complaint. Charges under Title VII, the

ADA or GINA must be sworn to or affirmed (either by using this form or by presenting a notarized

statement or unsworn declaration under penalty of perjury); charges under the ADEA should ordinarily

be signed. Charges may be clarified or amplified later by amendment. It is not mandatory that this form

be used to make a charge.

NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW

Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dual-files charges with

EEOC will ordinarily be handled first by the FEPA. Some charges filed at EEOC may also be first handled by

a FEPA under worksharing agreements. You will be told which agency will handle your charge. When the

FEPA is the first to handle the charge, it will notify you of its final resolution of the matter. Then, if you

wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must ask us in writing to do

so within 15 days of your receipt of its findings. Otherwise, we will ordinarily adopt the FEPA's finding

and close our file on the charge.

NOTICE OF NON-RETALIATION REQUIREMENTS

Please notify EEOC or the state or local agency where you filed your charge if retaliation is taken against 

you or others who oppose discrimination or cooperate in any investigation or lawsuit concerning this

charge. Under Section 704(a) of Title VII, Section 4(d) of the ADEA, Section 503(a) of the ADA and Section

207(f) of GINA, it is unlawful for an employer to discriminate against present or former employees or job

applicants, for an employment agency to discriminate against anyone, or for a union to discriminate

against its members or membership applicants, because they have opposed any practice made unlawful

by the statutes, or because they have made a charge, testified, assisted, or participated in any manner in

an investigation, proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and

Section 503(b) of the ADA prohibits coercion, intimidation, threats or interference with anyone for

exercising or enjoying, or aiding or encouraging others in their exercise or enjoyment of, rights under the

Act.

Exhibit "A"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 8 of 17
Exhibit "B"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 9 of 17
Exhibit "B"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 10 of 17
Exhibit "B"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 11 of 17
3/3/2020 Gmail - Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

https://mail.google.com/mail/u/0?ik=e978d211ee&view=pt&search=all&permthid=thread-f%3A1655209152488841016%7Cmsg-f%3A1655991648452... 1/5

michael zapin <michaelezapin@gmail.com>

Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

1 message

Patrick Heurtelou <patrickheurtelou78@gmail.com> Fri, Jan 17, 2020 at 10:58 AM

To: michael zapin <michaelezapin@gmail.com>

Will do.

On Fri, Jan 17, 2020, 10:42 AM michael zapin <michaelezapin@gmail.com> wrote:

Perfect! Let me know when you get it. 

Best,

Michael E. Zapin 

The Law Offices of MICHAEL E. ZAPIN 

Tel. No.: 561.367.1444

DIRECT: 561.843.5352

FACSIMILE: 561.828.0293

In Florida: 

20283 State Rd. 7, Suite 400

Boca Raton, FL 33498

michaelezapin@gmail.com

In New York: 

315 Shirley Avenue

Staten Island, NY 10312

On Fri, Jan 17, 2020 at 10:29 AM Patrick Heurtelou <patrickheurtelou78@gmail.com> wrote:

---------- Forwarded message ---------

From: KATHERINE GONZALEZ <KATHERINE.GONZALEZ@eeoc.gov>

Date: Fri, Jan 17, 2020, 9:34 AM

Subject: RE: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

To: Patrick Heurtelou <patrickheurtelou78@gmail.com>

Mr. Heurtelou: Exhibit "C"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 12 of 17
3/3/2020 Gmail - Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

https://mail.google.com/mail/u/0?ik=e978d211ee&view=pt&search=all&permthid=thread-f%3A1655209152488841016%7Cmsg-f%3A1655991648452... 2/5

I spoke with the Director and we will be re-sending you the original Right To Sue via certified mail. However, keep in

mind that it is the original document so we cannot make any changes to it. You have 90 days to file in court from the

date of receipt , so be sure you keep your envelope with the certified mail information. You should be receiving it

within the next few days.

Let me know if you have any questions.

Katherine Gonzalez

From: Patrick Heurtelou <patrickheurtelou78@gmail.com> 

Sent: Thursday, January 16, 2020 10:00 AM

To: KATHERINE GONZALEZ <KATHERINE.GONZALEZ@EEOC.GOV>

Subject: Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

I just recently hired him a couple days ago

On Wed, Jan 8, 2020, 3:28 PM KATHERINE GONZALEZ <KATHERINE.GONZALEZ@eeoc.gov> wrote:

I will look into it. It has to come in the mail.

From: Patrick Heurtelou <patrickheurtelou78@gmail.com> 

Sent: Wednesday, January 08, 2020 2:45 PM

To: KATHERINE GONZALEZ <KATHERINE.GONZALEZ@EEOC.GOV>

Subject: Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

Wow I never got any notice my address is 2261 South Sherman Circle Miramar Florida 33025 Apartment A 510

can you please send me over a copy via email I would really appreciate it and you can send the other copy to the

address I provided I really appreciate it thank you

On Wed, Jan 8, 2020, 2:39 PM KATHERINE GONZALEZ <KATHERINE.GONZALEZ@eeoc.gov> wrote:

Good Afternoon:

Thank you for your message. A decision was made and you were issued the Notice of Right to Sue on

12/19/2019. Please confirm your address.

From: Patrick Heurtelou <patrickheurtelou78@gmail.com> 

Sent: Wednesday, January 08, 2020 2:35 PM

To: KATHERINE GONZALEZ <KATHERINE.GONZALEZ@EEOC.GOV>

Subject: Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

Hello Katherine this is Patrick hurdle ooh I'm sorry to bother you but I have not heard anything back from

anyone from the EEOC I am trying to find out what is going on with the case can you please give me some type

of update if you can and again I'm sorry to bother you have a great day

On Wed, Oct 23, 2019, 9:54 AM Patrick Heurtelou < Exhibit "C" patrickheurtelou78@gmail.com> wrote:

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 13 of 17
3/3/2020 Gmail - Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

https://mail.google.com/mail/u/0?ik=e978d211ee&view=pt&search=all&permthid=thread-f%3A1655209152488841016%7Cmsg-f%3A1655991648452... 3/5

And to also reply to the attendance warning I was given that warning was rescinded by the head of HR her

name was Charlemagne she has since resigned but William May is still in corporate he was part of that

investigation and he will also testify that that warning was rescinded because I have to go to court and I

showed court papers so it was taken away those warning should not exist and if you contact Ovielo the

supervisor they mentioned he will tell he told me Brian is on his ass please just sign it so he will leave me

alone

On Wed, Oct 23, 2019, 9:50 AM Patrick Heurtelou <patrickheurtelou78@gmail.com> wrote:

No I don't have anything else I just want to thank you for looking into this matter for me. A lot of the drivers

are still presently working at ATD so if you need to contact them I'm sure ATD will not be afraid to give you

the information he held a group meeting the day after I was terminated I'm not a criminal nor have I ever

been violent at that job or have I ever threatened anyone at that job everyone there will tell you I was a

breath of fresh air he advised everyone in the meeting that if I was seen around the property to notify the

police immediately I I am a single father raising three kids a fifteen-year-old a 13 year old and a 10 year

old girl I would never ever do anything to jeopardize my freedom I did not understand that I was never

given the opportunity to collect my belongings or say bye to my coworkers for almost four years Henry

Rodriguez one of the witnesses I mention you can call him he is still presently a driver at ATD and he will

tell you everything that occurred that day and you will see that it was racially charged we only have four

black drivers on the fleet at that time and 14 other Latino drivers they say they knew it was me but they

contacted all four black drivers to ask the same question. Thank you ma'am I look forward to hearing from

you in the future have a great day

On Wed, Oct 23, 2019, 9:16 AM KATHERINE GONZALEZ <KATHERINE.GONZALEZ@eeoc.gov> wrote:

Mr. Heurtelou:

Did you still want to discuss anything with me? Thanks.

From: Patrick Heurtelou <patrickheurtelou78@gmail.com> 

Sent: Wednesday, October 23, 2019 12:42 AM

To: KATHERINE GONZALEZ <KATHERINE.GONZALEZ@EEOC.GOV>

Subject: Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

Good morning mrs. Gonzalez first I would like to thank you for finally being the one to look into this

matter first I want to start off by telling you my company American Tire the company I was in love with

everyone in that place new I was going to be there for the next 20 years that was my favorite slogan

first I want you to know that our warnings are counted by the start of the year once the year's over

warnings don't count anymore you start all over again coaching is not a warning. Mr. Brian Ashley from

the moment he arrived at ATD he started to make sure he established he was the boss he put in a lot of

pressure on all Latino workers and black workers he repeatedly made jokes to me one-on-one and

always use the term those people he always complain to me how he could not understand Mr avilio

Alonzo's way of speaking because he was Latino and he had a deep accent avilio and Willie are two

Latino managers who were put in place before Brian Ashley was transferred to the ATD Branch he

came from the Kentucky Branch he's from Kentucky once he got to ATD he kept on making it hard for

all of the employees especially the Latino workers he always made jokes that were racially charged and

always used the term you people I would walk in the room and he would say hide your wallets like I

was a criminal I never found it funny and I never laughed with him about it mister Ashley on the

particular day when they talk about the customer calling and saying that my door was open my door

was never open and I never said that the customer or the witness in the street as far as the person who

is driving what's lying I said the manager was lying first point was they called four drivers to ask if their

door was open four African-American drivers which was me Michael June Henry Rodriguez who is a

very dark-skinned Dominican who looks black and a new driver they hired name Sylvester they asked

all four of us if our doors were open in four separate phone calls they give us a special phones so if you

check the day in question and ask for the phone records you will see that all four of us was called and

asked that question I proceeded to tell Brian Ashley no it was not me and then they tried to use the fact

that the customer said that my tag number was visible I have one of the new model trucks or I had truck

6 77595 if you check the truck you will see that my back door does not flap up and down once up it's all Exhibit "C"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 14 of 17
3/3/2020 Gmail - Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

https://mail.google.com/mail/u/0?ik=e978d211ee&view=pt&search=all&permthid=thread-f%3A1655209152488841016%7Cmsg-f%3A1655991648452... 4/5

the way up and you cannot see the tag once I told them that I did not get a response then when I got

back to the warehouse I proceeded to show the manager Willie who was the warehouse manager at

the time and everyone at the dock laughed because no one could see my tagged while the door was up

I am the only owner of that truck before I was terminated I know the truck better than anybody Brian

Ashley was motivated to get me out of there for his own personal reasons when I questioned HR about

the decision of my termination they told me I was not even written a warning for that door situation I

was being terminated cuz they had to look into it I've never heard that before but as far as mr. Avilio

goes you can please contact him through ATD he has since resigned because of racial treatment from

Bryan Ashley he also has a lawsuit pending the other warehouse manager Willie has also resigned

because of unfair treatment under Brian Ashley Henry Rodriguez was threatened for calling an telling

me that willie told him brian said i got him hes gone b4 hr even made a decision once i called to ask

him he said he had to call me back then he called henry in the office and threatened his job his number

is 305 647 9636 he is still an employee he is still a driver he's the one who told me that he was one of

the people that they call to ask if the door was open we have a system on our trucks called fleetmatics

we all have key fobs that connects you to the truck that you're driving so they know where you are at all

times there's no reason why they called for black drivers to ask if the door was open and when I told

him it wasn't me That's when they came with the. Tag thing and once I told them you cannot see my tag

when my door is open everyone got quiet the racial environment in atd has been going on very strong

since the day Brian Ashley took over he is fired over five black guys and and for Latinos who he claims

he could not understand every time he spoke about them our 17-year veteran Arturo who also has a

lawsuit pending was wrongfully terminated and I can testify to Brian Ashley telling me he wants me to

take over the Orlando route because he doesn't feel that they can understand Arturo in Orlando

because of his heavy Spanish accent. But he did the job for the past two years before Ashley arrived. I

turned him down and so did for other drivers Michael June Henry Rodriguez and Dimitri you can

question all three of those men they are still employed by ATD and they will explain to you the racial

nature of Brian Ashley's ways at ATD

On Mon, Oct 21, 2019, 3:29 PM Patrick Heurtelou <patrickheurtelou78@gmail.com> wrote:

Ok thank you...

On Mon, Oct 21, 2019, 3:28 PM KATHERINE GONZALEZ <KATHERINE.GONZALEZ@eeoc.gov>

wrote:

Hello,

I will not be back in the office until Wednesday. You may email me Wednesday morning and I will

call you as soon as I can.

From: Patrick Heurtelou <patrickheurtelou78@gmail.com> 

Sent: Monday, October 21, 2019 12:45 PM

To: KATHERINE GONZALEZ <KATHERINE.GONZALEZ@EEOC.GOV>

Subject: Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

Hello ma'am is there a number I can contact you to ask you a couple questions before I reply

On Mon, Oct 21, 2019, 12:07 PM KATHERINE GONZALEZ

<KATHERINE.GONZALEZ@eeoc.gov> wrote:

Via Email Only

10/21/2019 Exhibit "C"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 15 of 17
3/3/2020 Gmail - Re: Patrick Heurtelou v. American Tire Distributors/ 510-2019-04617

https://mail.google.com/mail/u/0?ik=e978d211ee&view=pt&search=all&permthid=thread-f%3A1655209152488841016%7Cmsg-f%3A1655991648452... 5/5

Good Afternoon:

Enclosed with this letter is a copy of the Respondent’s Position Statement (no attachments are

included). By accepting these documents, you agree that you will only share the

contents with persons in a privileged relationship to you, such as a spouse, clergy, or

legal, medical or financial advisor.

This is your opportunity to provide additional information you feel is relevant to support your

charge. If you would like to respond to what the Respondent says in its Position Statement,

please do so no later than November 11, 2019.

There is no specific format required for your response. If you respond in writing, be sure to

include your charge number on your correspondence. If you disagree with any of the

information the Respondent has submitted, please point out specifically what you believe is

incorrect and explain what you believe to have happened. Also, please give us any additional

evidence or information that you have not already provided that you believe supports your

case. For example, if applicable, identify any additional witnesses, their contact information,

and a brief summary of what you think they will say. 

Any information you provide will be taken into consideration during the investigation of your

charge. We encourage you to contact us promptly with your response. Our address is listed

in the letterhead and my email address is katherine.gonzalez@eeoc.gov. My direct

telephone number is 305-808-1766 and I am available Monday through Friday 8:30 am to 3:00

p.m.

Sincerely,

Katherine Gonzalez

Exhibit "C"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 16 of 17
Exhibit "D"

Case 1:20-cv-21756-XXXX Document 1 Entered on FLSD Docket 04/27/2020 Page 1