UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

SABINE FRANCIS, Case No.:

Plaintiffs,

vs.

BAPTIST HEALTH SOUTH FLORIDA, INC.

A Florida Corporation,

Defendant.

I

VERIFIED COMPLAINT

Plaintiff, SABINE FRANCIS (hereinafter referred to as "Plaintiff ') 

sues defendant , BAPTIST HEALTH SOUTH FLORIDA, INC.

A Florida Corporation., a Florida corporation (hereinafter referred to as "Defendant"), 

and alleges as follows:

Introduction

1. This is a racial and national origin discrimination action by Plaintiff 

a African-American/Haitian , whom, One, Plaintiff worked for Defendant

and during her employment she was subjected to disparate treatment due to her

race and national origin until her constructive termination, which was a result of the 

toxic environment. Two, Plaintiff worked for Defendant

and during her employment she was subjected to hostile work environment and 

treatment due to her race and national origin until her constructive termination , which 

was a result of the toxic environment.

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2. Plaintiff sue pursuant to the Florida Civil Rights Act, Chapter

760, Fla. Stat. (" FRCA"), and section 725.07, Florida Statutes, the Plaintiff also sues 

under 42 U.S.C. 1981 for violations of the Plaintiffs equal rights, and under Title VII of 

the Civil Rights Act of 1964 and 1991, as amended, 42 U.S.C. Section

2000e et seq. ("Title VII" ). Plaintiff seeks

damages and her costs, including punitive damages and reasonable attorney's fees and 

litigation expenses.

Jurisdiction and Venue

3. This Court'sjurisdiction is invoked pursuant to 28 U.S.C. Sections 451,

1331, 1337 and 1343. This action arises under 42 U.S.C. Sections 2000e et seq. and 42

U.S.C. Sections 1981 and 1981a. This Court has supplemental jurisdiction over Plaintiff 

state law claims pursuant to 28 U.S.C. Section 1367.

4. Venue is proper in Southern District of Florida because Defendant 

conducts its business in Broward County, Florida, and because the cause of action arose 

there.

5. Venue is proper under is 42 USC 1981 in state court based upon 

concurrent jurisdiction of statute.

The Parties

6. Plaintiff, is a black female, born in Haiti, who, at all times and 

material, was employed by Defendant.

7. Defendant is, and at all times material a Florida corporation doing 

business in Broward County, Florida. At all times material, Defendant employed 15 or 

more persons and is and was an "employer" defined statutes that suit is brought under in

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this matter.

Conditions Precedent

8. Plaintiff has exhausted her administrative remedies .

Plaintiff filed a charge of discrimination . Thereafter, by letter 

the EEOC issued Plaintiff a notice of right to sue.

Plaintiff initiated this action within ninety (90) days of receipt of the EEOC's Notice 

of Right to Sue. All conditions precedent to institution of this action by Plaintiffhas 

been fulfilled.

9. All other conditions precedent to this action have been satisfied and/or 

waived.

General Allegations

10. . Plaintiff was employed as a registered nurse for the Defendant

from September 26, 2018 until her constructive termination on 1-14, 2020.

11. In January 2019, Lisa Kloc denied pre-approved schedule request to not 

work Fridays due to religious reasons which HR and unit manager Cherry Berlowitz 

agreed upon prior to Plaintiffs interview for the position. When proof of this agreement 

was provided, the manager agreed to honor the request, Plaintiff was responsible to find 

another nurse to work the Friday that Plaintiff have been scheduled to work.

12. From February 2019 all managers stopped being cordial, not responding 

when Plaintiff greeted them upon arriving to work, and were condescending and rude 

when asked clinical or procedural questions to assist with Plaintiffs job duties.

13. In March 2019, I requested a mediated meeting from HR betweenLisa

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Kloc and Plaintiff because Lisa was condescending, belittling, toward Plaintiff using 

racial slurs regarding Plaintiffs national origin.

14. The patient care supervisor, Angela Stewart, micromanages and challenges 

Plaintff s nursing assessment accusing her of lying charting in front of patients. The 

treatment is not the same for Plaintff s comparators who are not Haitian.

15. Plaintiff was forced into falsifying documents when describing patient's 

skin condition upon admission saying that a blanchable redness is a stage one pressure 

sore, and that pigmentation changes in black patients were DTI's to cover the fact that 

patients are developing worsening skin condition during their hospital stay from lack of 

incontinence care and being repositioned frequently.

16. Patient care supervisors withheld help and teaching about clinical 

procedures, policies and obtaining supplies upon request to Plaintiff due to her national 

origin and race, unlike assisting other comparators ..

17. . When Plaintiff made a complaint about non-Haitian ancillary staff

sleeping on the job and not doing their job, they are dismissed by the patient care 

supervisor saying "they are untouchable" or that the individual is a "golden goose".

18. . When ancillary staff fail to do their job, Plaintiff is forced to do the 

work which extends documentation time past the time, and create hours complained by 

superv1s10n.

19. For every time Plaintiff clocks out past 07:36, Plaintiff is reprimanded for 

accruing incremental overtime and poor timemanagement.

20. In order to not accrue incremental overtime, Plaintiff has to stop taking

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meal breaks. Despite not taking a break, managers required Plaintiff to sign off in a 

break book saying that Plaintiff handed off my phone to another nurse who will supervise 

patients for an uninterrupted meal break .

21. Clinical managers Angela Stewart, and Cherino Thomas deny that 

Plaintiff reported any verbal complaints, saying "I didn't know this was going on". 

When Plaintiff made additional complaints, Plaintiff was scolded, and told that Plaintiff 

was the problem for not knowing how to delegate to ancillary staff.

22. Plaintiff as retaliatory action by the Defendant was assigned the patients of 

highest acuity requiring two or more assistance with no ancillary help available for the 

second assistance, and patients requiring constant supervision due to decreased mental 

capacity who are at high risk for falls.

23. On December 29, 2019 after having finished her shift, the Plaintiff night 

patient care supervisor overheard Plaintiff use the term "abuse" to describe how she was 

being treated. She reported Plaintiff to the Nurse manager, Cherino Thomas, who then 

called Plaintiff into her office saying "abuse" is a strong word that she does not like usto 

use on the floor.

24. Since other Haitian and Latino nurses communicated to Plaintiff that they 

were experiencing similar treatment, Plaintiff instructed them write email their 

complaints and request a meeting so all leaders could no longer say they were not aware 

of what was going on.

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25. Plaintiff was subjected to a hostile work environment from management 

while employed by Defendant.

26. Plaintiff was subjected to a hostile work environment due her

national origin of being Haitian, and comments were made by management regarding her 

national origin. These comments created a hostile work environment, which Plaintiff 

suffered emotional distress as a result of these comments, and used in such a way to 

create an atmosphere of a hostile work environment that affected Plaintiffs employment 

status, and interfering with her performance at work.

27. As a result of the complaints made to management and human resource 

department management , the Plaintiff wasthen systematically retaliated against through 

a series of continued hostile work environment comments regarding Plaintiffs national 

origin and race.

28. Defendant, through the actions more specifically alleged above, affected 

Plaintiff, in a "term, condition or privilege" of her

emplo yment.

29. The disparate treatment as described above paragraphs the Plaintiff 

was treated differently than the other non-haitian employees.

30. The Plaintiff is responsible for attorney fees and costs.

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Count I

Violation of the FCRA

[DISPARATE TREATMENT]

31. Plaintiff realleges and adopts the allegations of paragraph

1 through 30.

32. The acts of Defendant and its agents, as more particularly alleged above, 

violated Plaintiff rights against national origin and race under the Florida

Civil Rights Act.

33. The national origin discrimination and adverse employment actions to

which Plaintiff was subjected to were based upon her being Haitian and AfricanAmerican.

34. The conduct of Defendant and its agents, proximately, directly, and 

foreseeably injured Plaintiff, including but not limited to creating a hostile work 

environment as described above ; future pecuniary losses;

past and future emotional pain, suffering, inconvenience , mental 

anguish, loss of enjoyment of life, and other non-pecuniary losses.

35. The conduct of Defendant and its agents was so willful and wanton, and in 

such reckless disregard of the statutory rights of Plaintiff, as to entitle her to an

award of exemplary damages to punish Defendant, and to deter it, and others from such 

conduct in the future.

36. Plaintiff is entitled to recover reasonable attorney's feesand 

litigation expenses pursuant to section 760.11(05), Florida Statutes.

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WHEREFORE , Plaintiff prays that this Court will:

One,	enjoin Defendant , and its agents, from continuing to violate 

Plaintiffs rights under the FCRA;

TWO,	enjoin Defendant to make Plaintiff whole through, inter alia,

. back pay and front pay;

THREE grant Plaintiff judgment for damages, including punitive 

damages, against Defendant;

FOUR,	award Plaintiff his reasonable attorney's fees and litigation 

expenses against Defendant; and

FIVE	provide Plaintiff any other relief that is appropriate.

Count IINiolation of the Section 725.07, Fla. Stat.

37. Plaintiff realleges and adopts the allegations of paragraph 

1 through 30.

38. The acts of Defendant and its agents, as more particularly alleged above,

Violated . Plaintiff rights against racial and national origin discrimination undersection 

725.07, Florida Statutes, with respect to the services he performed for Defendant.

39. The racial and national origin discrimination to which Plaintiff was 

subjected to was based upon his being Haitian and African-American.

40. The conduct of Defendant and its agents, proximately , directly, and 

foreseeably injured Plaintiff, including but not limited to creating a hostile

work environment as described above resulting in her termination and lost wages and

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benefits; future pecuniary losses; past and future emotional pain, suffering, 

inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses.

41. The conduct of Defendant and its agents, proximately, directly, and 

foreseeably injured Plaintiff, including but not limited to creating a hostile work 

environment as described above future pecuniary losses;

past and future emotional pain, suffering, inconvenience, mental 

anguish, loss of enjoyment of life, and other non-pecuniary losses.

42. Plaintiff is entitled to recover reasonable attorney ' s fees and 

litigation expenses pursuant to section 725.07(2), Florida Statutes.

WHEREFORE, Plaintiff prays that this Court will: 

WHEREFORE, Plaintiff prays that this Court will:

One,	enjoin Defendant , and its agents, from continuing to violate 

Plaintiff's rights under the FCRA;

TWO,	enjoin Defendant to make Plaintiff whole through, inter alia,

back pay and front pay;

THREE,	grant Plaintiff judgment for damages, including punitive 

damages , against Defendant;

FOUR, award Plaintiff his reasonable attorney's fees and 

Litigation expenses against Defendant; and

FIVE	provide Plaintiff any other relief that is appropriate.

Six,	provide Plaintiff any other relief that is appropriate.

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Count IIINiolation of the Section 42 U.S.C. 1981

43. Plaintiff realleges and adopts the allegations of paragraph 

1 through 30.

44. Plaintiff is a member of a protected class because of her race

being a black person of color.

45. Defendant was in violation of 42 U.S.C. Section 1981 by disparate 

treatment and hostile work environment of Plaintiff based upon her race as black person 

of color.

46. The effect of the actions complained of as aforementioned has been

to deprive the Plaintiff of equal employment opportunities, and otherwise to adversely 

affect her status as employee because of her race.

47. The unlawful employment practices complained of were intentional.

48. The unlawful employment practices against the Plaintiff was done with 

malice or reckless indifference to the Plaintiffs federally protected rights.

49. As a direct and proximate result of Defendant's unlawful employment 

practices, the Plaintiff was emotionally harmed, suffered, and will continue to suffer, a 

loss of wages and other employment benefits, a loss of earning capacity, damages to her 

professional reputation , a loss of dignity, a loss of the enjoyment oflife, embarrassment ,

humiliation, and other forms of mental anguish and distress.

Wherefore, Plaintiff requests this Court issue an order against Defendant 

awarding the Plaintiff compensatory damages, lost back pay, reinstatement and/or front

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pay, punitive damages, attorney's fees and costs, together with such other relief as this 

Court deems just and proper. .

COUNTIV

DEFENDANT HAS VIOLATED TITLE VII

(Disparate Treatment)

50. Plaintiff adopts and realleges paragraphs 1-30 above as ifincorporated

herein.

51. Plaintiff is a member of a protected class because of her 

National Origin andRace.

52. The Defendant is an employer that employs over 100 people, and is

subject to 42 U.S.C. Section 2000e et seg.

53. That the Plaintiff throughout her tenure with Defendant suffered disparate 

treatment in the terms and conditions of her employment as described in Paragraphs

1-30 above.

54. The Plaintiff was not provided the same terms, conditions and 

privileges as her comparators.

55. The Defendant has intentionally discriminated against Plaintiff because

of her national Origin and race in violation of Title VII, 42 U.S.C. Section 2000e et seg. 

by disparate treatment of Plaintiff based upon her national origin and race.

56. The unlawful employment practices complained of were intentional.

57. The unlawful employment practices against the Plaintiff were done with 

malice or reckless indifference to the Plaintiffs federally protected rights.

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58. As a direct and proximate result of Defendant's unlawful employment 

practices, the Plaintiff was emotionally harmed, suffered, and will continue to suffer, a 

loss of wages and other employment benefits, a loss of earning capacity, damages to her 

professional reputation, a loss of dignity, a loss of the enjoyment of life, embarrassment, 

humiliation, and other forms of mental anguish and distress.

Wherefore, Plaintiff requests this Court issue an order against Defendant 

awarding the Plaintiff compensatory damages, lost back pay, front pay, attorney's fees 

and costs, together with such other relief as this Court deems just and proper.

COUNTV

DEFENDANT HAS VIOLATED TITLE VII

(Hostile Environment)

59. Plaintiff adopts and realleges paragraphs 1-30 above as ifincorporated

60. Plaintiff is a member of a protected class because of her

National Origin and Race.

61. The Defendant is an employer that employs over 100 people, and is

subject to 42 U.S.C. Section 2000e et seq.

62. That the Plaintiff throughout her tenure with Defendant suffered hostile 

work environment in the terms and conditions of her employment as described in 

Paragraphs 1-29 above.

63. The Plaintiff was not provided the same terms, conditions and 

privileges as her comparators.

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64. The Defendant has intentionally discriminated against Plaintiff because

of her National Origin in violation of Title VII, 42 U.S.C. Section 2000e et seq. by 

disparate treatment of Plaintiff based upon her national origin and race.

65. The unlawful employment practices complained of were intentional.

66. The unlawful employment practices against the Plaintiff were done with 

malice or reckless indifference to the Plaintiff's federally protected rights.

67. As a direct and proximate result of Defendant' s unlawful employment 

practices, the Plaintiff was emotionally harmed, suffered, and will continue to suffer, a 

loss of wages and other employment benefits, a loss of earning capacity, damages to her 

professional reputation , a loss of dignity, a loss of the enjoyment of life, embarrassment, 

humiliation, and other forms of mental anguish and distress.

Wherefore, Plaintiff requests this Court issue an order against Defendant 

awarding the Plaintiff compensatory damages, lost back pay, front pay, attorney'sfees 

and costs, together with such other relief as this Court deems just and proper.

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I I

VERIFICATION CLAUSE

I hereby under perjury sign that the above is TRUE AND CORRECT

X SIGNED AND PRINTED

DATED ;;!:J i.fl 20M;

DEMAND FOR TRIAL BY JURY

Pursuant to Fed. R. Civ. P. 38(b), and FCRA, the Plaintiff hereby demands

a trial by jury on all issues triable ofrights by a jury.

Respectfully submitted,

DISCRlMINA TION LAW 

CENTER, P.A.

433 PLAZA REAL, Suite 275

Boca Raton, Florida 33432 

(561) 271-1769 tel.

By: /s/ Jay F. Romano

Jay F. Romano 

Trial Attorney

Florida Bar No.: 0934097

\

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