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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ATIBA STEEL,

PLAINTIFF,

v. CIVIL ACTION NO.: 

FL HUD PENSACOLA, LLC, D/B/A

SPECIALTY HEALTH AND 

REHABILITATION CENTER,

DEFENDANT.

_________________________/

COMPLAINT

Plaintiff, Atiba Steel, (hereinafter referred to as the “Plaintiff” or “Steel”), 

by and through her undersigned attorney, sues the defendant, FL HUD Pensacola, 

LLC, d/b/a Specialty Health and Rehabilitation Center., (hereinafter referred to as 

the “Defendant” or “Specialty Health”), and alleges as follows:

JURISDICTION AND VENUE

1. Plaintiff brings this is an action to remedy discrimination on the basis 

of race, age, and retaliation in the terms, conditions, and privileges of Plaintiff’s 

employment in violation of the Title VII of the Civil Rights Act of 1964, as 

amended, 42 U.S.C. § 2000e et seq., the Civil Rights Act of 1991, 42 U.S.C. § 

1981, and the Florida Civil Rights Act of 1992, as amended, Chapter 760 et seq., 

Florida Statutes.

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2. Jurisdiction is invoked pursuant to 28 U.S.C. § 1331 and 42 U.S.C. 

§2000e-5(f).

3. Declaratory, injunctive, and equitable relief is sought pursuant to 28 

U. S. C. §§ 2201, 2202 and 42 U.S.C. § 2000e-5(g). 

4. Costs and attorney’s fees are sought pursuant to 42 U.S.C. §2000e5(k), Fed. R. Civ. P. 54 and other Florida Statutes as set forth herein.

5. This action lies in the Northern District of Florida, Pensacola 

Division, pursuant to 29 U.S.C. § 1391(b), because the action arose in this judicial 

district, and pursuant to 42 U.S.C. § 2000e-5(f)(3), because the unlawful 

employment practices were committed in this judicial district. 

6. All conditions precedent and administrative remedies have been 

exhausted and jurisdiction is invoked pursuant to 28 U.S.C. § 1331 and 42 U.S.C. 

§ 2000e-5(f). Plaintiff filed a Charge of Discrimination with the Florida 

Commission on Human Relations (“FCHR” No.: 201919248) and the United 

States Equal Employment Opportunity Commission (“EEOC” No.: 

15D201900674) on April 24, 2019. On April 29, 2020, more than 180 days lapsed 

since Plaintiff’s charge was filed and the FCHR had not concluded its investigation 

or made a determination pursuant to Fla. Stat. § 760.11(3). Plaintiff thereafter 

requested her 90 day Notice of Right to Sue letter from the EEOC which was 

received on October 5, 2020. 

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PARTIES

7. Plaintiff is an African American female and a citizen of the State of 

Florida and a resident of Escambia County who resides in Pensacola, Florida. 

Plaintiff had been employed with Defendant from October 27, 2015 until her 

involuntary termination on April 18, 2019. 

8. Defendant, Specialty Health, is an assistive living center licensed to 

do and doing business in the State of Florida. Defendant is an employer within the 

meaning of Title VII and FCRA as it employs in excess of 20 employees.

FACTS

9. Plaintiff is an African American female. 

10. Plaintiff was employed by Defendant at its Pine Forest, Pensacola, FL

facility as a laundry attendant and was a qualified individual who performed those 

duties for roughly three (3) years from October 27, 2015 until her involuntary 

termination on April 18, 2019.

11. During Plaintiff’s employment with Defendant, she performed the 

duties and responsibilities of her position in a satisfactory manner. 

12. On or about April 1, 2019, Plaintiff was asked to do a task that she 

was not properly trained to do. 

13. Plaintiff was written up for not performing this task as instructed by 

her Caucasian supervisor. 

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14. Plaintiff reported what she believed to be discriminatory treatment 

pertaining to her race by her supervisor. 

15. During Plaintiff’s employment with Defendant, she witnessed 

Defendant treat its black employees differently. 

16. In response to Plaintiff’s complaints, her supervisor began 

immediately retaliating against her and creating a hostile work environment. 

17. Plaintiff was then asked to speak with the facility administrator about 

the write up. 

18. After meeting with the facility administrator, Plaintiff reported the 

meeting and the administrator’s interaction with her to Defendant’s corporate 

human resources department. 

19. After having reported the administrator’s discriminatory mistreatment

to corporate, Plaintiff was accused by the administrator of not handling a duty 

properly and was suspended and thereafter terminated on April 18, 2019. 

20. Plaintiff was subjected to disparate treatment and different terms and 

conditions of her employment and was held to a different standard because of her 

race and was retaliated against for opposing and reporting the unlawful 

discrimination she was being subjected to.

FIRST CAUSE OF ACTION

(RACE DISCRIMINATION- FEDERAL CLAIM - 42 U.S.C. § 1981)

21. Plaintiff repeats and re-alleges each and every allegation contained in 

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paragraphs 1 through 20 of this complaint with the same force and effect as if set 

forth herein.

22. Defendant has discriminated against Plaintiff in the terms and 

conditions of her employment on the basis of her race in violation of 42 U.S.C. § 

1981.

23. Plaintiff is now suffering and will continue to suffer irreparable injury 

and monetary damages as a result of Defendant’s discriminatory practices unless 

and until this Court grants relief.

SECOND CAUSE OF ACTION

(RACE DISCRIMINATION- RETALIATION - 42 U.S.C. § 1981)

24. Plaintiff repeats and re-alleges each and every allegation contained in 

paragraphs 1 through 20 of this complaint with the same force and effect as if set 

forth herein.

25. Defendant has retaliated against Plaintiff in the terms and conditions 

of her employment on the basis of her race in violation of 42 U.S.C. § 1981.

26. Plaintiff is now suffering and will continue to suffer irreparable injury 

and monetary damages as a result of Defendant’s discriminatory practices unless 

and until this Court grants relief.

THIRD CAUSE OF ACTION

(Race Discrimination- State Claim - Florida Civil Rights Act)

27. Plaintiff repeats and re-alleges each and every allegation contained in 

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paragraphs 1 through 20 of this complaint with the same force and effect as if set 

forth herein.

28. Defendant has discriminated against Plaintiff in the terms and 

conditions of her employment on the basis of her race in violation of Florida Civil 

Rights Act.

29. Plaintiff is now suffering and will continue to suffer irreparable injury 

and monetary damages as a result of Defendant’s discriminatory practices unless 

and until this Court grants relief.

FOURTH CAUSE OF ACTION

(RACE RETALIATION – STATE CLAIM – FCRA)

30. Plaintiff repeats and re-alleges each and every allegation contained in 

paragraphs 1 through 20 of this complaint with the same force and effect as if set 

forth herein.

31. Defendant retaliated against Plaintiff for engaging in a protected 

activity in the terms and conditions of her employment on the basis of her national 

origin in violation of Florida Civil Rights Act.

32. Plaintiff is now suffering and will continue to suffer irreparable injury 

and monetary damages as a result of Defendant’s discriminatory practices unless 

and until this Court grants relief.

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FIFTH CAUSE OF ACTION

(Race Discrimination-– Title VII)

33. Plaintiff repeats and re-alleges each and every allegation contained in 

paragraphs 1 through 20 of this complaint with the same force and effect as if set 

forth herein.

34. Defendant has discriminated against Plaintiff in the terms and 

conditions of her employment on the basis of her race in violation of Title VII.

35. Plaintiff is now suffering and will continue to suffer irreparable injury 

and monetary damages as a result of Defendant’s discriminatory practices unless 

and until this Court grants relief.

SIXTH CAUSE OF ACTION

(RACE RETALIATION - STATE CLAIM – TITLE VII)

36. Plaintiff repeats and re-alleges each and every allegation contained in 

paragraphs 1 through 20 of this complaint with the same force and effect as if set 

forth herein.

37. Defendant retaliated against Plaintiff engaging in a protected activity 

in the terms and conditions of her employment on the basis of her race in violation 

of Title VII.

38. Plaintiff is now suffering and will continue to suffer irreparable injury 

and monetary damages as a result of Defendant’s discriminatory practices unless 

and until this Court grants relief.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests this Court to enter a 

judgment: 

a) Declaring the acts and practices complained of herein are violation of 

Title VII; the Florida Civil Rights Act (FCRA); and 42 U.S.C. § 1981;

b) Enjoining and permanently restraining those violations of Title VII; 

the Florida Civil Rights Act (FCRA); and 42 U.S.C. § 1981;

c) Directing the Defendant to take such affirmative action as is necessary 

to ensure that the effects of these unlawful employment practice are eliminated and 

do not continue to affect Plaintiff’s employment opportunities;

d) Directing Defendant to place Plaintiff in the position she would have 

occupied but for Defendant’s discriminatory treatment of her and make her whole 

for all earnings she would have received but for Defendant’s discriminatory 

treatment, including but not limited to, wages (past and future), pension, and other 

lost benefits.

e) Awarding Plaintiff Front Pay in lieu of reinstatement;

f) Awarding Plaintiff compensatory damages;

g) Awarding Plaintiff the costs of this action together with a reasonable 

attorney’s fees; and,

h) Granting such other and further relief as the Court deems just and 

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proper in the premises. 

DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, 

Plaintiff demands a trial by jury in this action. 

Respectfully submitted,

Dated: December 30, 2020. By: /s/ Clayton M. Connors 

CLAYTON M. CONNORS 

Florida Bar No.: 0095553

Email: cmc@westconlaw.com

THE LAW OFFICES OF 

CLAYTON M. CONNORS, PLLC.

4400 Bayou Blvd., Suite 32A

Pensacola, Florida 32503

Tel: (850) 473-0401

Fax: (850) 473-1388

Attorney for the Plaintiff

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