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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

MARIO HERNANDEZ )

)

Plaintiff ) CASE NO.: 1:20-CV-22721-FAM

)

v. )

) AMENDED COMPLAINT

JANET DHILLON, CHAIR ) WITH JURY TRIAL DEMAND

OF THE EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION )

Defendant(s)

_________________________________________/

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 discrimination in federal employment practices on the basis 

of sex and retaliation, and to provide appropriate relief to Plaintiff Mario Hernandez who was 

adversely affected by such practices.

As alleged with greater particularity below in paragraphs 17 through 105, Plaintiff MARIO 

HERNANDEZ (“PLAINTIFF” and/or “Plaintiff Hernandez”) alleges that he was subjected to 

ongoing harassment (sexual and non-sexual) and a hostile work environment by the Chair of the 

Equal Employment Opportunity Commission Janet Dhillon (“Defendant” or “Defendant 

DHILLON) when Defendant was aware of and permitted Enforcement Supervisor Kathryn 

Gonzalez (“Supervisor Gonzalez”) to discriminate against Plaintiff, on the bases of sex (male), 

when, from 2012 to the March of 2020, which created a hostile work environment. Additionally, 

Defendant retaliated, as alleged with greater particularity below in paragraphs 106 through 135, 

against Plaintiff for opposing such practices by allowing by refusing to investigate the claims, 

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withholding promotions, changing his schedule, and frustrating his workload and taking actions 

that threatened his employment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

1337, and 1343. This action is authorized and instituted pursuant to Sections 706(f)(1) and 

(3), and Section 717(c) of Title VII of the Civil Rights Act of 1964, as amended, codified 

at 42 U.S.C.A. Section 2000e-16(c), 2000e-5(f)(1) and (3) et seq. (“Title VII”) and section 

102 of the Civil Rights Actof 1991, as amended, codified at 42 U.S.C.A. Section 1981, et 

seq.; and Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.A. Section 

791, the Civil Rights Attorney’s Award Act, as amended, codified at 42 U.S.C.A. Section 

1988, et seq.

2. Venue is proper in the United State District Court for the Southern District 

of Florida, Miami Division, pursuant to 42 U.S.C., 2000e-5(f)(3). In addition, venue is

proper herein as the primary actions complained of either occurred within or were directed 

within the geographical boundaries of the Miami, Florida (Southern District of Florida);

and pursuant to 28 U.S.C. Section 1391(e).

PARTIES

3. Plaintiff Hernandez is a Hispanic male currently domiciled in Miami, 

Florida, and who for all times relevant herein has been employed on a full-time basis as an 

employee of the United States Equal Employment Opportunity Commission (“EEOC” or 

“Agency”). At those times relevant to the subject of this lawsuit, Plaintiff Hernandez was 

assigned for his professional work to the Miami District Office, a field office within the

Miami District of the EEOC located at 100 SE 2nd Street, Suite 1500, Miami, FL 33131

(“MIDO”).

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4. At all relevant times, the EEOC has continuously been a Federal Agency doing 

business in the State of Florida and within the City of Miami and has continuously had at least 

15 employees. At those times relevant to the subject of this lawsuit, Plaintiff Hernandez was 

employed by and assigned for his professional work MIDO.

5. Defendant DHILLON isthe Chair of the EEOC and, assuch, isthe Defendant, only 

in her official capacity as the Chair of the EEOC. Defendant DHILLON is the senior Executive 

Branch federal official responsible for the actions of the United States Equal Employment 

Opportunity Commission, which is the principal subject of the allegations made herein, and 

which is located at 131 M St. NE, 6th Floor, Washington, DC20507.

EXHAUSTION OF ADMINISTRATIVE REMEDIES/CONDITIONS PRECEDENT

6. From approximately September of 2012 to present, Plaintiff Hernandez suffered 

from continuing violations, indiscrete acts and discrimination by Defendants as outlined in more 

detail herein.

7. At all times material hereto, Plaintiff Hernandez was misled by Defendants into 

allowing any applicable statutory periods to lapse. Specifically, MIDO failed to establish a 

harassment policy, or established a procedure for reporting harassment or to disseminate its 

policy/procedures to its employees. Plaintiff Hernandez did not know, nor should have known,

that the Office of Equal Opportunity (OEO) until Plaintiff participated in OEO Director Erica 

White-Dunston interview on or about October 16, 2017. At no point herein was Plaintiff informed 

about the EEO process by Supervisor Caddle, Supervisor. Ricardo, Supervisor. Wright, Director 

Farrell and/or MIDO management.

8. Plaintiff Hernandez advised MIDO management (the EEOC) of complaints of 

unlawful sexual harassment, discrimination based on sex and retaliation since approximately 2012.

9. Plaintiff Hernandez timely initiated the involvement of the Equal Employment 

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Opportunity (EEO) Office on October 16, 2017.

10. Plaintiff Hernandez was issued the Notice of Right to File a Formal Complaint. 

Plaintiff Hernandez timely filed a formal EEO complaint.

11. More than thirty (30) days prior to the institution of this lawsuit, Plaintiff

Hernandez filed a charge with the Commission alleging violations of Title VII by Defendant

DHILLON.

12. Plaintiff submitted charges of discrimination to Defendant DHILLON within 180 

days of the discrimination against them.

13. Prior to the institution of this lawsuit, the EEOC and DefendantDHILLON issued 

letters of determination finding reasonable cause to believe that Plaintiff Hernandez was subjected 

to harassment and retaliation by the Defendant.

14. Prior to the institution of this lawsuit, Defendant DHILLON and/or 

representatives failed/refused to attempt to eliminate the unlawful employment practices alleged 

below and to effect Defendant’s voluntary compliance with Title VII through informal methods of

conciliation, conference, and persuasion within the meaning of Section 706(b) of Title VII, 42 

U.S.C. Sections 2000e-5(b).

15. Thus, all conditions precedent to bringing this action have been performed or 

occurred.

STATEMENT OF FACTS

16. In April 2009, the EEOC hired Plaintiff Hernandez as a GS-12 Investigator at the 

MIDO.

A. Harassment

17. Plaintiff Hernandez was subjected to ongoing harassment (sexual and non-sexual) 

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and a hostile work environment by Supervisor Katherine Gonzalez (“Supervisor GONZALEZ”), 

a former MIDO Enforcement Supervisor, on the bases of sex (male); from 2012 to the March of 

2020.

18. Plaintiff was not aware of the OEO at the time Supervisor GONZALEZ began 

harassing him.

19. Plaintiff Hernandez was subjected to unwanted, unsolicited sexual advances by 

Supervisor GONZALEZ that were severe and pervasive.

20. In September of 2012, when Supervisor GONZALEZ became Plaintiff’s manager, 

she began to express romantic interest in him.

21. Plaintiff Hernandez was subjected to unwanted, unsolicited sexual advances by 

Supervisor GONZALEZ that were severe and pervasive. 

22. In September of 2013, Supervisor GONZALEZ scheduled a number of on-site 

visits with Plaintiff in Key Largo and Key West, Florida. During the trip Supervisor GONZALEZ 

forced Plaintiff to engage in a nonconsensual sexual relationship. At all times herein, Plaintiff’s 

nonconsensual sexual relationship with Supervisor Gonzalez was nothing more than quid pro quo, 

in that he felt obliged to engage in sexual activity, or be subjected adverse actions in the workplace.

GONZALEZ was aware that Plaintiff feared losing his job if he opposed engaging in sexual 

activity.

23. Following the Key West trip in September of 2013, Supervisor GONZALEZ 

continued to engage in unwanted conduct towards Plaintiff.

24. On or about September 25, 2013 Plaintiff complained to Deputy Director Ozzie 

Black regarding Supervisor Gonzalez’s harassing conduct. Deputy Director Black failed to inform 

Plaintiff of the OEO office or of the EEO process for filing a complaint.

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25. On or about February 4, 2014 Plaintiff complained to Supervisor Peters regarding 

Supervisor Gonzalez’s harassing conduct. Supervisor Peters failed to inform Plaintiff of the OEO 

office or of the EEO process for filing a complaint.

26. On or about April 18, 2014 Supervisor GONZALEZ stalked Plaintiff, appearing at 

the hospital where Plaintiff’s daughter was being treated because he refused to return multiple 

phone calls.

27. On or about April 22, 2014 Plaintiff complained to Supervisor Peters regarding 

Supervisor Gonzalez’s harassing conduct. Supervisor Peters failed to inform Plaintiff of the OEO 

office or of the EEO process for filing a complaint.

28. On or about July 22, 2014 Plaintiff complained to Supervisor Wright regarding 

Supervisor Gonzalez’s harassing conduct. Supervisor Wright failed to inform Plaintiff of the OEO 

office or of the EEO process for filing a complaint.

29. On or about January 18, 2015 at Justin’s nightclub Supervisor GONZALEZ 

showed up, uninvited, to a birthday party for Plaintiff’s wife. Supervisor GONZALEZ obtained 

the location of the party by online stalking Plaintiff on Facebook.

30. In August of 2015 Supervisor GONZALEZ enrolled her child in the same school 

that Plaintiff’s children attended in order to maintain a close distance to Plaintiff and his family.

31. On or about September 3, 2015 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also touched Plaintiff in the groin/genitals and performed oral sex on

Plaintiff. In response, Plaintiff voiced his opposition to Supervisor Gonzalez.

32. On or about September 16, 2015 Supervisor GONZALEZ, entered Plaintiff’s 

office, shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on 

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him. Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals. In response, Plaintiff voiced his opposition to Supervisor.

33. On or about September 23, 2014 Plaintiff complained to Supervisor Peters

regarding Supervisor Gonzalez’s harassing conduct. Supervisor Peters failed to inform Plaintiff of 

the OEO office or of the EEO process for filing a complaint.

34. On or about October 8, 2015 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also touched Plaintiff in the groin/genitals and touched Plaintiff in the 

groin/genitals and performed oral sex on Plaintiff. In response, Plaintiff voiced his opposition to 

Supervisor

35. On or about October 21, 2015 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and exposed her breast to Plaintiff. In response, Plaintiff voiced his opposition to 

Supervisor

36. On or about October 29, 2015 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also touched Plaintiff in the groin/genitals and touched Plaintiff in the 

groin/genitals and performed oral sex on Plaintiff. In response, Plaintiff voiced his opposition to

Supervisor

37. On or about November 4, 2015 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

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groin/genitals, touched Plaintiff in the groin/genitals and performed oral sex on Plaintiff. In 

response, Plaintiff voiced his opposition to Supervisor Gonzalez.

38. On or about November 19, 2015 Supervisor GONZALEZ, entered Plaintiff’s 

office, shut the door and proceeded to demand Plaintiff to engage in sexual intercourse. In 

response, Plaintiff voiced his opposition to Supervisor.

39. On December 8, 2015 Supervisor GONZALEZ, entered Plaintiff’s office, shut the 

door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals. In response, Plaintiff voiced his opposition to Supervisor.

40. On or about December 10, 2015 Supervisor GONZALEZ, entered Plaintiff’s 

office, shut the door and proceeded to demand Plaintiff to engage in sexual intercourse. Supervisor 

GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the groin/genitals. In 

response, Plaintiff voiced his opposition to Supervisor.

41. On or about December 25, 2015 Supervisor GONZALEZ stalked Plaintiff, 

appearing at the movie theater where he was watching a movie with his family. By accessing 

Plaintiff’s computer without his knowledge/permission, Supervisor GONZALEZ was able to 

obtain the specific location of the theater, movie, and time.

42. On or about January 19, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff to engage in sexual intercourse. In response, 

Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to leave his office.

43. On or about February 4, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

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groin/genitals, touched Plaintiff in the groin/genitals and performed oral sex on Plaintiff. In 

response, Plaintiff voiced his opposition to Supervisor In response, Plaintiff voiced his opposition 

to Supervisor Gonzalez’s and asked her to leave his office.

44. On or about February 10, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals, touched Plaintiff in the groin/genitals and performed oral sex on Plaintiff. In 

response, Plaintiff voiced his opposition to Supervisor In response, Plaintiff voiced his opposition 

to Supervisor Gonzalez’s and asked her to leave his office.

45. On or about February 23, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff to engage in sexual intercourse. In response, 

Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to leave his office.

46. On or about March 2, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the groin/genitals and 

demanded Plaintiff to engage in sexual intercourse. In response, Plaintiff voiced his opposition to 

Supervisor Gonzalez’s and asked her to leave his office.

47. On or about March 15, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also touched Plaintiff in the groin/genitals and exposed her breast to 

Plaintiff. In response, Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to 

leave his office.

48. On or about March 17, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

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Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and exposed her breast to Plaintiff. In response, Plaintiff voiced his opposition to 

Supervisor Gonzalez’s and asked her to leave his office.

49. On or about March 22, 2016 Plaintiff complained to Supervisor Peters and 

Supervisor Mercedes Riccardo about Supervisor Gonzalez’s harassing conduct. Supervisor Peters 

and Supervisor Riccardo failed to inform Plaintiff of the OEO office or of the EEO process for 

filing a complaint.

50. On or about April 7, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him and 

demanding Plaintiff to engage in sexual intercourse In response, Plaintiff voiced his opposition to 

Supervisor Gonzalez’s and asked her to leave his office.

51. On or about April 13, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to demand Plaintiff to engage in sexual intercourse. In response, Plaintiff 

voiced his opposition to Supervisor Gonzalez’s and asked her to leave his office.

52. On or about April 14, 2016 Plaintiff complained to Supervisor Wright about 

Supervisor Gonzalez’s harassing conduct.

53. On or about April 28, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and exposed her breast to Plaintiff. In response, Plaintiff voiced his opposition to 

Supervisor Gonzalez’s and asked her to leave his office.

54. On or about May 11, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to rub Plaintiff’s shoulders/neck, touched Plaintiff in the groin/genitals 

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and performed oral sex on Plaintiff. In response, Plaintiff voiced his opposition to Supervisor 

Gonzalez’s and asked her to leave his office.

55. On or about May 17, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals. In response, Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her 

to leave his office.

56. On or about June 2, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to touched Plaintiff in the groin/genitals and performed oral sex on 

Plaintiff. In response, Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to 

leave his office.

57. On or about June 9, 2016 Supervisor Gonzalez sent a nude picture of herself via 

text message to Plaintiff, which was intercepted by Plaintiff’s wife.

58. On or about July 20, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and exposed her breast to Plaintiff. In response, Plaintiff voiced his opposition to 

Supervisor Gonzalez’s and asked her to leave his office.

59. On or about July 26, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, shut 

the door and proceeded to demand Plaintiff to engage in sexual intercourse. In response, Plaintiff 

voiced his opposition to Supervisor Gonzalez’s and asked her to leave his office.

60. On or about July 28, 2016 Plaintiff complained to Supervisor Wright about 

Supervisor Gonzalez’s harassing conduct. Supervisor Wright failed to inform Plaintiff of the OEO 

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office or of the EEO process for filing a complaint.

61. On or about August 1, 2016, after Plaintiff transferred his children to another 

school, Supervisor GONZALEZ proceeded to transfer her child to the same school that Plaintiff.

62. On or about August 9, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to rub Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and to demand Plaintiff to engage in sexual intercourse. In response, Plaintiff voiced 

his opposition to Supervisor Gonzalez’s and asked her to leave his office.

63. On or about August 25, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also touched Plaintiff in the groin/genitals and demanded Plaintiff to 

engage in sexual intercourse. In response, Plaintiff voiced his opposition to Supervisor Gonzalez’s 

and asked her to leave his office.

64. On or about August 29, 2016 Supervisor GONZALEZ texted Plaintiff eight (8) 

times within a two (2) minute span, asking Plaintiff, if he had feelings for her.

65. On or about September 6, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and demanded Plaintiff to engage in sexual intercourse. In response, Plaintiff voiced 

his opposition to Supervisor Gonzalez’s and asked her to leave his office.

66. On or about September 8, 2016, after Plaintiff left work for the day, Supervisor 

GONZALEZ texted Plaintiff a gif, saying “im looking for you” and sent a subsequent text telling 

Plaintiff “I want to leave with you.”

67. On or about September 13, 2016 Supervisor GONZALEZ, entered Plaintiff’s 

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office, shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on 

him. Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and demanded Plaintiff to engage in sexual intercourse. In response, Plaintiff voiced 

his opposition to Supervisor Gonzalez’s and asked her to leave his office.

68. On or about September 15, 2016 Plaintiff complained to Supervisor Peters about 

Supervisor Gonzalez’s harassing conduct. Supervisor Peters failed to inform Plaintiff of the OEO 

office or of the EEO process for filing a complaint.

69. On or about September 22, 2016 Supervisor GONZALEZ, entered Plaintiff’s 

office, shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on 

him. Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and demanded Plaintiff demanded Plaintiff to let her perform oral sex. In response, 

Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to leave his office.

70. On or about October 12, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and demanded Plaintiff to engage in sexual intercourse. In response, Plaintiff voiced 

his opposition to Supervisor Gonzalez’s and asked her to leave his office.

71. On or about October 18, 2016 Supervisor GONZALEZ, entered Plaintiff’s office, 

shut the door and proceeded to demand Plaintiff for “besitos” (kisses) by forcing herself on him. 

Supervisor GONZALEZ also rubbed Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals and demanded Plaintiff to engage in sexual intercourse. In response, Plaintiff voiced 

his opposition to Supervisor Gonzalez’s and asked her to leave his office.

72. On or about October 26, 2016 Supervisor GONZALEZ after being told to leave 

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Plaintiff alone, texted Plaintiff, asking if he was home, that she wanted to speak to him.

73. On or about November 10, 2016 Supervisor GONZALEZ, entered Plaintiff’s 

office, shut the door and proceeded to rub Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals, exposed her breast to Plaintiff, and demanded Plaintiff to engage in sexual 

intercourse. In response, Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to 

leave his office.

74. On or about November 17, 2016 Supervisor GONZALEZ, entered Plaintiff’s 

office, shut the door and proceeded to rub Plaintiff’s shoulders/neck, touched Plaintiff in the 

groin/genitals, exposed her breast to Plaintiff, and demanded Plaintiff to engage in sexual 

intercourse. In response, Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to 

leave his office.

75. On or about December 7, 2016 Supervisor GONZALEZ entered Plaintiff’s office, 

shut the door and refused to leave until Plaintiff would engage in sexual intercourse. Plaintiff 

voiced his opposition to Supervisor GONZALEZ and asked her to leave as she was interrupting 

his ability to work.

76. On or about December 13, 2016 Supervisor GONZALEZ entered Plaintiff’s office, 

shut the door and refused to leave until Plaintiff gave her “besitos” (kisses). demanded Plaintiff to 

engage in sexual intercourse. Plaintiff voiced his opposition to Supervisor GONZALEZ and asked 

her to leave as she was interrupting his ability to work.

77. On or about March 23, 2017 Supervisor GONZALEZ entered Plaintiff’s office, shut 

the door and proceeded to demand Plaintiff for “besitos” (kisses), as well as demanding Plaintiff 

to engage in sexual intercourse. Plaintiff voiced his opposition to Supervisor GONZALEZ and 

asked her to leave as she was interrupting his ability to work.

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78. On or about April 18, 2017 Supervisor GONZALEZ entered Plaintiff’s office, shut 

the door and proceeded to pull Plaintiff toward her by his shirt in a sexual and flirting manner. She 

rubbed her breast against Plaintiff’s body while demanding Plaintiff to engage in sexual 

intercourse. In response, Plaintiff voiced his opposition to Supervisor Gonzalez’s and asked her to 

leave his office.

79. On or about April 20, 2017 Supervisor GONZALEZ entered Plaintiff’s office, shut 

the door and proceeded to rub her breast against Plaintiff’s body while demanding Plaintiff to 

engage in sexual intercourse. Plaintiff voiced his opposition to Supervisor GONZALEZ and asked 

her to leave as she was interrupting his ability to work.

80. On or about April 26, 2017 Plaintiff complained to Supervisor Caddle about 

Supervisor Gonzalez’s harassing conduct. Supervisor Caddle failed to inform Plaintiff of the OEO 

office or of the EEO process for filing a complaint.

81. On or about May 16, 2017 Supervisor GONZALEZ entered Plaintiff’s office, shut 

the door and refused to leave until Plaintiff gave her “besitos” (kisses) and demanded to perform 

oral sex on Plaintiff. Plaintiff voiced his opposition to Supervisor GONZALEZ and asked her to 

leave as she was interrupting his ability to work.

82. On or about June 1, 2017 Supervisor GONZALEZ entered Plaintiff’s office, shut 

the door and proceeded to place her hand on Plaintiff’s groin/genital area, unzipped his pants, and 

demanded to perform oral sex on Plaintiff. Plaintiff voiced his opposition to Supervisor 

GONZALEZ and asked her to leave his office.

83. On or about June 16, 2017 Investigator Ines Lozano’s called Plaintiff into her 

office. Upon entering Ms. Lozano’s office, Plaintiff realized that Supervisor GONZALEZ. 

Supervisor Gonzalez asked Ms. Lozano to leave the office. Plaintiff informed Supervisor Gonzalez 

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that Director Farrell had requested that they avoid speaking, however, Supervisor Gonzalez, 

continued to speak and ask questions, such as:

a. Asking Plaintiff if he knew whether a Co-worker had filed a EEO complaint 

against her.

b. Asking “why are your Bitch friends doing this” (in reference to harassment 

complaints filed against her);

c. Stated that complaints of sexual harassment would prevent her from moving up 

within the Agency;

d. Stated that if he [Plaintiff] not take her side and go along with her, he would suffer

from negative repercussions, such as being terminated.

84. On or about June 27, 2017 Plaintiff complained to Supervisor Caddle and 

Supervisor Riccardo about Supervisor Gonzalez’s harassing conduct. Supervisor Caddle and 

Supervisor Riccardo failed to inform Plaintiff of the OEO office or of the EEO process for filing 

a complaint.

85. On or about August 17, 2017 Supervisor GONZALEZ texted Plaintiff, “it’s messed 

up that you keep giving away stuff I give you”, “you are the fucked up one” after realizing that 

Plaintiff through away a gift she had given him.

86. On or about August 22, 2017 Plaintiff complained to Supervisor Wright and 

Supervisor Riccardo about Supervisor Gonzalez’s harassing conduct. Supervisor Wright and 

Supervisor Riccardo failed to inform Plaintiff of the OEO office or of the EEO process for filing 

a complaint.

87. On or about September 13, 2017 Supervisor GONZALEZ entered Plaintiff’s 

office, shut the door and attempted to force Plaintiff to engage in sexual intercourse. Plaintiff 

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voiced his opposition to Supervisor GONZALEZ and requested that she to leave as she was 

interrupting his ability to work.

88. On or about October 16, 2017 participated in an interview with OEO Director Erica 

White-Dunston regarding Supervisor Gonzalez’s harassing/retaliatory conduct. Specifically, 

Plaintiff made his own complaints regarding the harassing/retaliatory conduct that Supervisor 

Gonzalez and MIDO management subjected him to. It was during this interview that Plaintiff was 

initially made aware of the Office of Equal Opportunity (OEO) and the EEO process for filing a 

complaint. 

89. Prior to October of 2017 Plaintiff was repeatedly told by MIDO management that 

“headquarters was taking care of it” and was advised to take his complaints to the union. 

Specifically, at no point prior to October of 2017 was Plaintiff made aware of the OEO office or 

EEO process by MIDO management.

90. On or about December 25, 2017 Supervisor GONZALEZ stalked Plaintiff, 

appearing at the movie theater where he was watching a movie with his family. By accessing 

Plaintiff’s computer without his knowledge/permission, Supervisor GONZALEZ was able to 

obtain the specific location of the theater, movie, and time.

91. On or about July 5, 2017 Plaintiff and a co-worker met with Director Farrell 

regarding Supervisor Gonzalez’s harassing/retaliatory conduct. During the meeting Plaintiff 

informed Director Farrell of Supervisor Gonzalez’s harassing conduct. However, Director Farrell 

reprimanded Plaintiff and co-worker, rather than recognizing them as victims.

92. When Supervisor Gonzalez returned from her suspension in January of 2018, she 

kept going to the fifteenth (15th) floor, where Plaintiff was located, despite having been instructed 

by Director Farrell to avoid the fifteenth (15th) floor and Plaintiff. Supervisor Gonzalez was aware

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that here mere presence on the fifteenth (15th) floor would create anxiety for Plaintiff and trigger 

his PTSD.

93. On or about March 21, 2018 Plaintiff contacted the Office of Equal Opportunity 

(OEO) to file a formal complaint regarding sexual harassment, non-sexual harassment, and 

retaliation.

94. At all times herein, Supervisor GONZALEZ was aware of Plaintiff Hernandez’s 

PTSD and anxiety and used her knowledge of the symptomology of his condition to manipulate 

him into doing what she wanted and into attempting to him to make him believe it was all his fault. 

Specifically, Supervisor GONZALEZ knew that Plaintiff’s PTSD and anxiety would be triggered 

when whenever she exerted unjust and excessive control over him.

95. At all times herein, Plaintiff Hernandez communicated his opposition to Supervisor 

GONZALEZ’s unwanted advances. 

96. At all times herein, Plaintiff Hernandez subjectively perceived Supervisor 

GONZALEZ’s offensive conduct as abusive.

97. Supervisor GONZALEZ’s harassment negatively affected Plaintiff employment as 

he began to experience more frequent PTSD flashbacks, reoccurring PTSD memories, anger, 

anxiety, stress, weight gain, and lack of sleep, which resulted in Plaintiff not being able to 

concentrate at work, missed days of work, and decreased productivity at work.

98. By April 18, 2017, Plaintiff PTSD rating increased ninety (90) percentage points 

since he began working at MIDO. Specifically, Plaintiff’s disability rating increased seventy (70) 

percentage points in a ten (10) month time span between June 7, 2016 through April 18, 2017. In 

addition, during the same time period, Plaintiff’s weight increased by one hundred (100) pounds 

99. Additionally, Supervisor GONZALEZ’s offensive conduct was severe and 

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pervasive enough to create an objectively hostile or abusive work environment for Plaintiff 

Hernandez at MIDO, as Plaintiff was continuously and repeatedly subjected to Supervisor 

GONZALEZ’s offensive sexual touching and sexual comments which were humiliating, 

degrading, embarrassing and annoying. 

100. As a result of the forgoing, Plaintiff’s was negatively affected as he constantly had 

to worry about Supervisor GONZALEZ entering his office and forcing him to engage in unwanted 

sexual activity. Plaintiff’s constant worries led to a lack of focus on work matters, thus decreasing 

his productivity.

101. Moreover, Plaintiff was negatively affected as he was the subject of constant 

rumors and banter that swirled through MIDO. Specifically, Plaintiff was repeatedly questioned 

by coworkers as to rumors regarding Supervisor GONZALEZ’s harassment, which was both

annoying and embarrassing he was constantly questioned by coworkers about matters which he 

did not wish to widely disseminate. As a result, Plaintiff became withdrawn from coworkers, less 

energetic, experienced difficulty concentrating during the workday.

102. In addition, Plaintiff was negatively affected as most coworkers refused to interact 

with him after Supervisor GONZALEZ instructed them to avoid speaking to Plaintiff because he 

complained about Supervisor Gonzalez.

103. MIDO failed to establish a harassment policy or established a procedure for 

reporting harassment or to disseminate its policy/procedures to its employees. Plaintiff Hernandez

was not made aware of the Office of Equal Opportunity (OEO) until his interview with OEO 

Director Erica White-Dunston informed him on or about October 16, 2017.

104. At no point herein was Plaintiff informed about the EEO process by Supervisor 

Caddle, Supervisor. Ricardo, Supervisor. Wright, Supervisor Peters and/or Director Farrell.

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105. Accordingly, the Agency failed to establish that it exercised reasonable care to 

prevent harassment in the MIDO.

B. Retaliation

106. On or about September 25, 2013 Plaintiff complained to Deputy Director Ozzie 

Black regarding Supervisor Gonzalez’s harassing conduct. Deputy Director Black failed to inform 

Plaintiff of the OEO office or of the EEO process for filing a complaint.

107. In January of 2014, as a result of Plaintiff’s repeated complaint’s, MIDO 

management placed Plaintiff under the supervision Supervisor Fernella Peters, who was the only 

Enforcement Supervisor who had successfully terminated employees. MIDO management 

transferred Plaintiff to Supervisor Peters’ unit with the intention of placing him on a Performance 

Improvement Plan (PIP) and terminating his employment or forcing him to resign.

108. Prior to Plaintiff’s transfer to supervisor Peter’s unit, Plaintiff was one of the top 

investigators at MIDO. Due to Plaintiff’s complaints on numerous complaints of Supervisor 

Gonzalez’s conduct, including Plaintiff’s complaints to Supervisor Peters on February 4, 2014,

Supervisor Peter’s retaliated against Plaintiff by taking action which included, but was not limited 

to: 

a. refusing to approve Plaintiff’s cases; 

b. sitting on Plaintiff’s submitted cases, and allowing them to age, so as to not allow 

Plaintiff to be productive and keep up with his high closure rate.

c. requiring Plaintiff to redraft documents, then eventually approving the original 

versions at a later date to decrease Plaintiff’s productivity

d. removing Plaintiff’s cases from his inventory, then placing the cases back at later 

date to give appearance that Plaintiff was allowing his inventory to age.

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e. backdating items in Plaintiff’s inventory and making him responsible for “aged” 

cases. 

109. On or about June of 2016, Supervisor Gonzalez intentionally failed to submit 

Plaintiff’s application for a Mediator position (promotion) in retaliation for numerous complaints 

Plaintiff had made to MIDO management regarding Supervisor Gonzalez’s conduct. Moreover, 

Supervisor Gonzalez accessed Plaintiff’s computer without permission and deleted a copy of 

Plaintiff’s application for the mediator position. 

110. On or about June 16, 2017 Investigator Ines Lozano’s called Plaintiff into her 

office. Upon entering Ms. Lozano’s office, Plaintiff realized that Supervisor GONZALEZ. 

Supervisor Gonzalez asked Ms. Lozano to leave the office. Plaintiff informed Supervisor Gonzalez 

that Director Farrell had requested that they avoid speaking, however, Supervisor Gonzalez, 

continued to speak and ask questions, such as:

a. asking Plaintiff if he knew whether a Co-worker had filed a EEO complaint 

against her.

b. asking “why are your Bitch friends doing this” (in reference to harassment 

complaints filed against her by Plaintiff’s co-workers)

c. stating that if he [Plaintiff] did not take her side and go along with her, he would 

suffer from negative consequences, such as being terminated.

111. On or about June 27, 2017 Plaintiff complained to Supervisor Caddle and 

Supervisor Riccardo Supervisor Peters and Supervisor Riccardo about Supervisor Gonzalez’s 

harassing conduct. Supervisor Peters and Supervisor Riccardo failed to inform Plaintiff of the OEO 

office or of the EEO process for filing a complaint.

112. On or about August 22, 2017 Plaintiff complained to Supervisor Wright and 

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Supervisor Riccardo about Supervisor Gonzalez’s harassing conduct. Supervisor Wright and 

Supervisor Riccardo failed to inform Plaintiff of the OEO office or of the EEO process for filing 

a complaint.

113. On or about July 5, 2017 Plaintiff and a co-worker met with Director Farrell 

regarding Supervisor Gonzalez’s harassing/retaliatory conduct. During the meeting Plaintiff 

informed Director Farrell of Supervisor Gonzalez’s harassing conduct. However, Director Farrell 

reprimanded Plaintiff and co-worker, rather than recognizing them as victims.

114. On or about October 2, 2017 Supervisor Peters refused/failed to provide Plaintiff 

with a performance evaluation for the fiscal year, in retaliation for the numerous complaints made 

had made regarding harassing/retaliatory conduct of Supervisor Gonzalez and MIDO 

management. Without a performance evaluation, Plaintiff was unable to receive a pay increase 

and/or promotion.

115. On or about October 16, 2017 participated in an interview with OEO Director Erica 

White-Dunston regarding Supervisor Gonzalez’s harassing/retaliatory conduct. Specifically, 

Plaintiff made his own complaints regarding the harassing/retaliatory conduct that Supervisor 

Gonzalez and MIDO management subjected him to. It was during this interview that Plaintiff was 

initially made aware of the Office of Equal Opportunity (OEO) and the EEO process for filing a 

complaint.

116. In October of 2017, after Plaintiff participated in an interview OEO Director Erica 

White Dunston (protected activity), MIDO management began taking retaliatory actions against 

Plaintiff which included, but were not limited to: 

a. Supervisor Caddle would overcriticized Plaintiff’s work so that Plaintiff would be

unable to timely complete his work.

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b. Supervisor Caddle, Supervisor Wright, and others in MIDO management 

ostracized Plaintiff.

c. Supervisor Caddle manipulated Plaintiff’s caseload, digitally assigning cases but 

not providing Plaintiff with the physical file, leaving Plaintiff unaware that he had 

been assigned said cases.

d. Supervisor Caddle removed Plaintiff from his flexible schedule when he moved.

e. In February of 2017 Supervisor Caddle threatened Plaintiff with a PIP.

117. On or about March 21, 2018 Plaintiff contacted the Office of Equal Opportunity 

(OEO) to file a formal complaint as to sexual harassment, non-sexual harassment, and retaliation.

118. In March of 2018 Plaintiff was denied a pay increase by MIDO management for 

having made complaints against Supervisor Gonzalez and MIDO management.

119. On April 4, 2018 Plaintiff was again interviewed by the OEO as to his complaints 

of sexual harassment, non-sexual harassment, and retaliation.

120. On May 4, 2018 Plaintiff was placed on leave restriction, due to MIDO 

management’s manipulation of his time, as management had been forcing him to take leave 

inconsistently with the past pattern and practice of the Agency.

121. On or about October 1, 2018, Supervisor Caddle refused/failed to provide Plaintiff 

with a performance evaluation for the fiscal year. Without being given a performance evaluation, 

Plaintiff was unable to receive a pay increase and/or promotion.

122. On or about October 1, 2019, Supervisor Caddle refused/failed to provide Plaintiff 

with a performance evaluation for the fiscal year. Without being given a performance evaluation, 

Plaintiff was unable to receive a pay increase and/or promotion.

123. In addition, MIDO management shamed, questioned, and doubted Plaintiff about 

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his complaints.

a. On March 26, 2019, MIDO Investigator Nilia Marti had a case returned to her by

MIDO Enforcement Supervisor Jackie Gabriel, who disagreed with her analysis. 

The case involved a consensual relationship, however, in front of coworker, 

Supervisor Gabriel used Plaintiff’s case an example to make her point to 

Investigator Marti, saying “do you think that is okay that Mario Hernandez

(Plaintiff) was screwing in the office next to you?” As a result of the 

aforementioned comment, Plaintiff was extremely embarrassed and left feeling 

worthless. For the rest of the day Plaintiff was in depressed state of mind for the 

unable to be productive at work.

b. In March of 2019 Supervisor Wright asked Plaintiff and co-worker, who filed a 

similar complaint, “what type of boat are guys going to buy” because she heard 

from a coworker that Plaintiff and coworker were going to settle their cases against 

Defendant for a significant sum of money.

c. MIDO management further ostracized Plaintiff for his informal and formal 

complaints against Supervisor Gonzalez and MIDO management. 

d. Director Michael Farrell shamed, questioned, and doubted Plaintiff’s complaints of 

Supervisor Gonzalez’s conduct, saying that he found it hard to believe that “poor, 

little 5-foot Ms. Gonzalez took advantage of Plaintiff”.

e. MIDO management constantly spread rumors of the ongoings of Plaintiff’s 

complaint.

124. In March of 2019 Plaintiff was denied a pay increase because of his engagement

in protected activity.

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125. On or about March 5, 2019 Supervisor Wright and Supervisor Caddle falsely 

accused Plaintiff and Tony Castillo of taking a two-hour lunch. Supervisor Caddle told Plaintiff 

that they were going to be disciplined, however, Mr. Castillo was not at work the day, he and 

Plaintiff were accused of taking the two-hour lunch.

126. In October of 2019, Supervisor Caddle refused/failed to provide Plaintiff with a 

performance evaluation for 2018-2019. As such, without a performance evaluation, Plaintiff was 

unable to receive a pay increase.

127. In March of 2020 Plaintiff was denied a pay increase because of his engagement

in protected activity.

128. As a result of the retaliation, Plaintiff disposition changed at work, as he became 

withdrawn/ostracized from coworkers, less energetic, experienced difficulty concentrating during the 

workday. 

129. In addition, as a result of the retaliation, Plaintiff suffered from loss of credibility and 

a damaged professional reputation. 

130. The aforesaid adverse employment actions; misconduct, acts and omissions to the 

Plaintiff’s detriment; were all taken (or failed to be taken) by administrators, managing, and 

supervisory personnel at MIDO in retaliation for the protected EEO activity of the Plaintiff. As a result,

Plaintiff’s Plaintiff employment was negatively affected as he began to experience more frequent

PTSD flashbacks, reoccurring PTSD memories, anger, anxiety, stress, weight gain, and lack of sleep, 

resulting in Plaintiff not being able to concentrate at work, missed days of work, and decreased 

productivity at work.

131. As a result of the forgoing, Plaintiff’s was negatively affected as he constantly had to 

worry about being retaliated against for engaging in any sort of protected activity, which occurred often 

as Plaintiff was interviewed on several occasions in relation to OEO Director Erica White Dunston’s 

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investigation. Plaintiff’s constant worries led to a lack of focus on work matters, thus decreasing his 

productivity.

132. In addition, Plaintiff was negatively affected as most coworkers refused to interact 

with him for engaging the protected activity described above.

133. As a direct and proximate result of Plaintiff’s engagement in protected EEO 

activity, Plaintiff has suffered the adverse employment actions set forth above. These actions 

would deter a reasonable employee from engaging in EEO activity

134. The Defendant, through acceptance of such conduct, fostered an attitude among 

administrators, managers and supervisors at MIDO- that retaliation against employees, in order to 

discourage protected EEO activity is an acceptable employment practice by administrators, 

managers and supervisors at MIDO.

135. The retaliation affected the terms and conditions of Plaintiff’s employment as 

outlined above in specific detail.

CLAIMS FOR RELIEF

COUNT I

(Harassment based on Sex)

(Title VII of the Civil Rights Act of 1964, U.S.C. §§ 2000(e), et. Seq.)

136. Plaintiff Hernandez incorporates by reference the allegations paragraphs 17

through 105.

137. On a continuing basis since at least 2012, Defendant were aware that Supervisor 

GONZALEZ, subjected Plaintiff Hernandez to unwelcome conduct related to his sex, male, 

including sexual advances, requests for favors, or other verbal or physical conduct of a sexual 

nature location in violation of 42 U.S.C. § 2000e-2(a) and 42 U.S.C. § 2000e-3(a). Specifically, 

Defendant was aware that Supervisor GONZALEZ subjected Plaintiff Hernandez to unwelcome 

conduct related to his sex as outlined in paragraphs 17 through 105, above.

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138. The harassment and unlawful employment practices suffered by Plaintiff 

Hernandez were based on his sex, male.

139. The effect of the harassment and unlawful employment practices complained of in 

paragraphs 17 through 105, above were sufficiently severe and pervasive and had the purpose and 

effect of unreasonably interfering with the work environment and/or creating an intimidating, 

hostile or offensive work environment.

140. The effect of the harassment and unlawful employment practices complained of in 

paragraphs 17 through 105, above has been to deprive Plaintiff since at least 2016 of equal 

employment opportunities and otherwise adversely impact their status as employees because of 

their sex, male.

141. The unlawful employment practices complained of in 17 through 105, above were 

intentional and caused Plaintiff Hernandez to suffer emotional distress, including but not limited 

to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation and/or personal 

stress and mental and physical pain and suffering

142. The unlawful employment practices complained of in 17 through 105, above were 

intentional and caused Plaintiff Hernandez to lose earnings, compensation and income including, 

but not limited to, back-pay.

143. The unlawful employment practices complained of in 17 through 105, above were 

engaged in with malice or with reckless indifference to the federally protected rights of Plaintiff 

Hernandez.

144. The unlawful employment practices complained of in 17 through 105, above form 

the basis for imputing liability on Defendants as Defendants were aware of the harassment and 

unlawful employment practices since 2012 and failed to take any prompt and/or reasonable action

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to end the harassment

145. All conditions precedent to bringing this action have been performed or occurred 

as outlined in paragraphs 6 through 15 above

CLAIMS FOR RELIEF

COUNT II

(Retaliation/Retaliatory Harassment)

(Title VII of the Civil Rights Act of 1964, U.S.C. §§ 2000(e), et. Seq.)

146. Plaintiff Hernandez incorporates by reference the allegations in paragraphs 106 

through 135.

147. Plaintiff Hernandez, at all times material hereto, undertook protected activity when 

he complained to Supervisor GONZALEZ, OEO Director Erica White Dunston, Director Farrell, 

Deputy Director Black, Supervisor Caddle, Supervisor Wright, Supervisor Wright, Supervisor 

Riccardo and MIDO management. about the unwanted and unlawful conduct as outlined in 

paragraphs 106 through 135, above.

148. As a direct and proximate result of the protected EEO activity, Plaintiff suffered 

material adverse employment actions, as a result of participating in protected EEO activity, as 

outlined in paragraphs 106 through 135, above. These actions would deter a reasonable employee 

from engaging in EEO activity.

149. A causal nexus exists between Plaintiff Hernandez’s undertaking of the protected 

activity and the retaliatory conduct complained of in paragraphs 106 through 135, above and the 

material adverse action taken by Defendants against him.

150. All conditions precedent to bringing this action have been performed or occurred 

as outlined in paragraphs 6 through 15, above.

PRAYER FOR RELIEF

Wherefore, the Plaintiff Mario Hernandez respectfully requests that this Court:

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A. Grant a permanent injunction enjoining Defendants, its officers, agents, servants, 

employees, attorneys, and all persons in active concert or participation with them, from subjecting 

male employees to unwelcome, sexually graphic and vulgar sexual harassment and retaliation for 

opposing such harassment.

B. Order Defendants to institute and carry out policies, practices, and programs which 

provide equal employment opportunities for male, and which eradicate the effects of its past and 

present unlawful employment practices.

C. Order Defendants to make whole Plaintiff Hernandez by providing restitution and 

compensation for past and future pecuniary losses resulting from the unlawful employment 

practices described in paragraphs 17 through 135 above, in amounts to be determined at trial;

D. Order Defendants to make whole Plaintiff Hernandez by providing full restitution 

and compensation for past and future non-pecuniary losses resulting from the unlawful practices 

complained of in paragraphs 17 through 135 above, in amounts to be determined at trial;

E. Order Defendant full restitution or compensation for loss of personal and sick leave, 

and for all retirement benefits

F. Order Defendants to pay Plaintiff Hernandez punitive damages for its malicious 

and reckless conduct described in 17 through 135 above, in amounts to be determined at trial;

G. Order Defendants to issue Plaintiff’s promotion.

H. Order Defendants to pay Plaintiff for any benefits including, but not limited to, sick 

leave, annual leave, or leave without pay taken as a result of the alleged discriminatory or 

retaliatory harassment.

I. Order Defendants to confirm that Plaintiff Hernandez leave restriction has been 

lifted and remove any documentation concerning the leave restriction from Plaintiff’s personnel 

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records.

J. Order the appropriate and necessary posting related to the claims herein.

K. Order Defendants to restore Plaintiff Hernandez’s flexible schedule and telework 

consistent with Agency policy and provisions of the Collective Bargaining Agreement.

L. Order Defendants to remove any documentation concerning Plaintiff Hernandez’s 

current PIP or references thereto from Plaintiff’s personnel file.

M. Order Defendants to forward information regarding its veteran’s advocacy group 

(Veteran Employees Serving Together) (VETS) to the Plaintiff Hernandez regarding any further 

developments as it becomes available.

N. Order Defendants to consider taking disciplinary action against Supervisor 

GONZALEZ. In determining the appropriate disciplinary action, the Agency must consider 

Supervisor GONZALEZ egregious misconduct and 29 CFR 1604 (EEOC’s Zero Tolerance 

Policy).

O. Award Plaintiff his costs of this action, including reasonable attorneys’ fees under 

42 U.S.C.A. § 2000e-5; Fla. Stat. § 760.11 (2004); and 42 U.S.C.A. §§ 12203 and 12205; and prejudgment interest, and

P. Grant such further relief as the Court deems necessary and proper in the public’s 

interest.

DEMAND FOR JURY TRIAL

Pursuant to Federal Rule 38(b), trial by jury on all issues presented herein is respectfully 

demanded.

Dated: March 31, 2021

/s/ David M. Fraguio______ 

JOSÉ A. SOCORRO, ESQ. 

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Florida Bar No.: 011675

DAVID M. FRAGUIO, ESQ. 

Florida Bar No.: 1016475 

AZOY SOCORRO, LLP 

Attorneys for Plaintiff 

2020 Ponce de Leon Blvd., 

Suite 1008 

Coral Gables, Florida 33134 

Tel: (305) 340-7542 

Fax: (305) 418-7438 

Email: jose@azoysocorro.com; 

david@azoysocorro.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on March 31, 2021, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document 

is being served this day on all counsel of record or pro se parties identified on the attached Service 

List in the manner specified, either via transmission of Notices of Electronic Filing generated by 

CM/ECF or in some authorized manner for those counsel or parties who are not authorized to 

receive electronically Notices of Electronic Filing.

/s/ David M. Fraguio______ 

JOSÉ A. SOCORRO, ESQ. 

Florida Bar No.: 011675 

DAVID M. FRAGUIO, ESQ. 

Florida Bar No.: 1016475

SERVICE LIST

Counsel for Defendants 

SUZETTE A. SMIKLE, ESQ. 

ASSISTANT UNITED STATES ATTORNEY 

Federal Bar No. A5500898 

99 N.E. 4th Street, 3rd Floor 

Miami, Florida 33132 

Tel: (305) 961-9370 

Fax: (305) 530-7139 

Email: suzette.smikle@usdoj.gov

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