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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. ____________-CIV-___________/____________

PATRICK FAIRCLOUGH, an individual,

Plaintiff,

v.

TRIANA FAMILY FENCE, INC., 

a Florida Corporation,

Defendant.

_____________________________________/

COMPLAINT

1. Plaintiff, PATRICK FAIRCLOUGH (hereinafter referred to as “Plaintiff” and 

“FAIRCLOUGH”), was an employee of Defendant, TRIANA FAMILY FENCE, INC., a Florida

Corporation (hereinafter “Defendant” or “TRIANA FENCE”), and brings this action against 

Defendant for alleged race discrimination in violation of Title VII of the Civil Rights Act, 42 

U.S.C. §2000 et seq.

2. At all times material to this action, FAIRCLOUGH has been an individual whose 

race is Black and who has resided in Miami-Dade County, Florida, within the jurisdiction of this 

Court.

3. Defendant, TRIANA FENCE, has at all times material to this Complaint owned 

and operated a fence business in South Florida based at 395 North Flagler Avenue, Homestead, 

Florida 33030, see corporate website at trianafence.com, in Miami-Dade County, within the 

jurisdiction of this Court.

4. Jurisdiction is conferred on this Court by 28 U.S.C. §§1331 and 1343.

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5. Venue is proper in this Court pursuant to 28 U.S.C. §1391, as a substantial part of 

the events giving rise to this action occurred in Miami-Dade County, within the jurisdiction of 

the United States District Court for the Southern District of Florida.

6. On or around October 5, 2015, FAIRCLOUGH applied for a General Laborer 

position with TRIANA FENCE.

7. However, TRIANA FENCE’s Vice-President, Richard “Ricky” Triana, advised

FAIRCLOUGH in approximately early November 2015 that Defendant was not hiring Plaintiff 

because of conflicting reasons, including but not limited to Mr. Triana saying that 

FAIRCLOUGH’s application could not be located and TRIANA FENCE purportedly had “no 

work” at that time—despite the fact FAIRCLOUGH understood from communicating with at 

least one of Defendant’s other employees that TRIANA FENCE had several openings in 

October-November 2015 that did not require prior fence-industry specific work experience.

8. Based upon information and belief, TRIANA FENCE’s employees in October 

2015 were primarily comprised of Hispanic and Non-Black workers.

9. At all times material to this action, FAIRCLOUGH was capable of performing the

essential job duties of a Laborer for TRIANA FENCE.

10. The reason(s) proffered by TRIANA FENCE in November 2015 for not hiring

FAIRCLOUGH were discriminatory because of Plaintiff’s race, Black, and were a pretext for

discrimination against Plaintiff because of his race, Black, in violation of Title VII.

11. All conditions precedent to the institution of the claims in this Complaint have 

either occurred or been waived.

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EXHAUSTION OF ADMINISTRATIVE REMEDIES

12. On June 9, 2016, FAIRCLOUGH dual filed a Charge of Discrimination against 

TRIANA FENCE with the United States Equal Employment Opportunity Commission (EEOC) 

and the Florida Commission on Human Relations (FCHR) alleging race discrimination in 

violation of Title VII of the Civil Rights Act, 42 U.S.C. §2000 et seq. A copy of 

FAIRCLOUGH’s EEOC Charge, Charge No. 510-2016-01465, is attached hereto as Exhibit A.

13. On or around May 7, 2020, the EEOC issued a Notice of Right to Sue to 

FAIRCLOUGH on Charge No. 510-2016-01465, see Exhibit B. 

14. This Complaint is being filed with the Court within Eighty-Nine (89) days of the 

undersigned counsel’s receipt via e-mail of the Notice of Right to Sue in connection with Charge 

No. 510-2016-01465 and FAIRCLOUGH has exhausted all administrative remedies on the Title 

VII claims pled in the Complaint.

15. All conditions precedent to the institution of this action have either occurred or 

been waived.

COUNT I

VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964,

42 U.S.C. §2000e ET SEQ. - RACE DISCRIMINATION

Plaintiff, PATRICK FAIRCLOUGH, reasserts and reaffirms the allegations of 

Paragraphs 1 through 15 as if fully set forth herein and further states that this is an action against 

TRIANA FAMILY FENCE, INC., for race discrimination in violation of Title VII of the Civil 

Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq.

16. Title VII of the Civil Rights Act of 1964, as amended, provides that it is unlawful 

for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to 

discriminate against any individual with respect to his compensation, terms, conditions, or 

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privileges of employment, because of such individual’s race, color, religion, sex, or national 

origin....” 42 U.S.C. §2000e-2(a)(1).

17. At all times material to this action, TRIANA FENCE had fifteen (15) or more 

employees within the meaning of 42 U.S.C. §2000e(b).

18. Between approximately October 2015 and November 2015, FAIRCLOUGH was 

subjected to disparate treatment by TRIANA FENCE because of Plaintiff’s race, Black, when 

TRIANA FENCE failed or refused to hire FAIRCLOUGH because of Plaintiff’s race, Black, in 

violation of 42 U.S.C. §2000e-2(a)(1).

19. A motivating factor behind TRIANA FENCE’s failure and/or refusal to hire 

FAIRCLOUGH between approximately October 2015 and November 2015 was Plaintiff’s race, 

Black, in violation of 42 U.S.C. §2000e-2(a)(1).

20. TRIANA FENCE’s violations of Title VII were intentional and were done with 

malice and reckless disregard for FAIRCLOUGH’s rights as guaranteed under the laws of the 

United States. 

21. FAIRCLOUGH suffered lost earnings and employment benefits, emotional 

distress, loss of self-esteem, and other injuries as a direct result of TRIANA FENCE’s violation

of 42 U.S.C. §2000e-2(a)(1).

22. Pursuant to 42 U.S.C. §2000e-5(k) and §1988(b), FAIRCLOUGH is entitled to 

recover from TRIANA FENCE his reasonable attorneys’ fees and costs.

WHEREFORE, Plaintiff, PATRICK FAIRCLOUGH, demands judgment against 

Defendant, TRIANA FAMILY FENCE, INC., for back pay, employment benefits, other 

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

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limited to front pay, punitive damages, injunctive relief, interest, attorney’s fees, costs, expert 

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

JURY TRIAL DEMAND

PATRICK FAIRCLOUGH demands trial by jury on all issues so triable.

Dated: August 4, 2020 Respectfully submitted,

By: s/KEITH M. STERN

Keith M. Stern, Esquire

Florida Bar No. 321000

E-mail: employlaw@keithstern.com

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

80 S.W. 8th Street, Suite 2000

Miami, Florida 33130

Telephone: (305) 901-1379

Facsimile: (561) 288-9031

Hazel Solis Rojas, Esquire

Florida Bar No. 91663

E-mail: hazel@solisrojaslaw.com

LAW OFFICE OF HAZEL SOLIS ROJAS, P.A.

3105 NW 107th Avenue, Suite 400

Doral, Florida 33172

Telephone: (305) 558-8402

Fax: (305) 504-8953

Attorneys for Plaintiff

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EXHIBIT A

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EXHIBIT B

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