Exhibit A

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IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA 

CHARYLANE AUTREY 

PLAINTIFF, 

Vs. CASE N0: 2020 CA 001073 

DIVISION: E 

ASCEND PERFORMANCE MATERIALS OPERATIONS LLC 

DEFENDANT, 

SUMMONS 

THE STATE OF FLORIDA: 

To Each Sheriff of the State: 

YOU ARE COMMANDED to serve this summons and a copy of the complaint in the above styled 

cause upon the defendant ASCEND PERFORMANCE MATERIALS OPERATIONS LLC C/O 

CORPORATION SERVICE COIVIPANY- REGISTERED AGENT 1201 HAYS STREET 

TALLAHASSEE, FL 32301 

CERTIFIED PROCESS SERVER S~g~I 

SECOND JUDIC CIR COURT OF FJOR 

DIITE SERVE ~ I~ ' ~ T1ME :90 

within 20 days after service of this summons upon you, exclusive of the day of service, and to file the 

original of said written defenses with the Clerk of said Court either before service on said attomey or 

immediately thereafter. Ifyou fail to do so, a default will be entered against you for the relief demanded 

in the complaint. 

Witness, my hand and the seal of this Court on this 18th d~f August, 2020 

PAM CHILDERS ~ 

CLERK OF THE CIRCUIT COURT ~~• •y'•~~~ 

By: 

Deputy Clerk o•,•• ,.~~~ 

~~ 

* Except when suit is brought pursuant to Section 768.28, Florida Statutes, if the State of Florida, one of 

its agencies, or one of its officials or employees sued in his or her official capacity is a defendant, the 

time to be inserted as to it is 40 days. When suit is brought pursuant to Section 768.28, Florida Statutes, 

the time to be inserted is 30 days. 

CASUh42053P 

Each defendant is hereby required to serve written defenses to said complaint on 

plaintiffs attorney(s), whose address is 

MARIE A MATTOX 

1VIARIE A MATTOX PA 

203 NORTH GADSDEN STREET 

TALLAHASSEE, FL 32303 

Case 3:20-cv-05798-MCR-EMT Document 1-1 Filed 09/08/20 Page 3 of 13
IN THE CIRCUIT COURT OF THE 

FIRST JUDICIAL CIRCUIT, IN AND 

FOR ESCAMBIA COUNTY, FLORIDA 

CHARYLANE AUTREY, CASE NO.: 20-CAFLA BAR NO.: 0739685 

Plaintiff, 

V. 

ASCEND PERFORMANCE MATERIALS 

OPERATIONS LLC, 

Defendant. 

COMPLAINT 

Plaintiff, CHARYLANE AUTREY, hereby sues Defendant, ASCEND PERFORMANCE 

MATERIALS OPERATIONS LLC, and alleges: 

NATURE OF THE ACTION 

1. This is an action brought under the Florida Civil Rights Act, codified at Chapter 

760, Florida Statutes, Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. §2000e et 

seq., 42 U.S.C. §1981a, and the Americans with Disabilities Act (ADA), codified at 42 U.S.C. § 

12101, et seq. 

2. This action involves claims which are, individually, in excess of Thirty Thousand 

Dollars ($30,000.00), exclusive of costs and interest. 

THE PARTIES 

3. At all times pertinent hereto, Plaintiff, CHARYLANE AUTREY, has been a 

resident of the State of Florida and was employed by Defendant. Plaintiff is a member of a 

protected class due to her race, gender and disability. 

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4. At all times pertinent hereto, Defendant, ASCEND PERFORMANCE 

MATERIALS OPERATIONS LLC, has been organized and existing under the laws of the State 

of Florida. At all times pertinent to this action, Defendant has been an "employer" as that tertn is 

used under the applicable laws identified above. Defendant was Plaintiff's employer as it relates 

to these claims. 

CONDITIONS PRECEDENT 

5. Plaintiff has satisfied all conditions precedent to bringing this action in that 

Plaintiff filed a charge of discrimination with the Florida Commission on Human Relations and 

Equal Employrnent Opportunity Commission. This action is timely filed thereafter. 

STATEMENT OF THE ULTIMATE FACTS 

6. Plaintiff, an African American female with an actual or perceived disability 

andlor record of impairment, began her employment with Defendant on or about April 15, 1997 

and held the position of Chemical Processor III at the time of her wrongful termination on 

November 4, 2018. 

7. Despite her stellar work performance during her employment with Defendant, 

Plaintiff has been subjected to disparate treatment, different terms and conditions of 

employment, and was held to a different standard because of her race, gender, and actual or 

perceived disability and/or record of impairment, and because she reported Defendant's unlawful 

employment activities and was subject to retaliation thereafter. 

8. The disparate treatment came at the hands of specifically but not limited to 

Human Resources Representative Sherry Green, a white female, Human Resources 

Representative Veronica Rankins, a white female, Plant Doctor f/n/u Luke, a white male, Case 

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Manager and Nurse Steve 1/n/u, a white male, Maelic Unit Operator Scott Milstead and 

Engineer/Process Specialist John Williams. 

9. Plaintiff was a dedicated worker with Defendant for twenty years. She was the only 

female and African American on her shift. 

10. Defendant has engaged in a pattern or practice of discrimination based on race. On 

information and belief, Defendant has in the past discriminated against employees based on race. 

11. Throughout PlaintifPs employment, management and other workers told her not to 

report wrongdoing or discrimination to Human Resources because the department heads would 

handle the complaints. 

12. In or around May, 2006, Plaintiff first learned that she could not go to Human 

Resources with complaints. When Plaintiff attempted to go to Human Resources, she was met by 

John Williams, a department facilitator, who told her to follow him back to his office and he would 

handle it. Plaintiff was scared, followed his instructions, and Defendant took no corrective action. 

13. As things continued to get worse, Plaintiff felt she was being singled out and 

targeted for failure. On or around April 17, 2012, Defendant told Plaintiff to perform job duties 

with no help that were usually done by two operators. When Plaintiff asked why she was expected 

to do a job without help when other operators were allowed to have help, the lead operator told her 

she should learn how to do her job, Plaintiff exited the building, and the lead operator followed 

her, yelling about completing the job. As a result, Plaintiff's blood pressure spiked to the point that 

her nose bled and she was hyperventilating. 

14. Plaintiff called the onsite EMT, was taken to the hospital, and the EMT wrote a 

report. The lead operator was reprimanded but thereafter Plaintiff was ostracized in the workplace 

by white management and white workers and accused of trying to get the white lead operator fired. 

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15. In the last four years of Plaintiff's employment, Defendant has bullied her, cursed 

at her, and declined to communicate with Plaintiff about shift changes. 

16. Defendant has singled Plaintiff out and cursed at her for not showing up to work 

early. Defendant did not single out for reprimand white employees who did not show up to work 

early. 

17. In the 2016/17 time period, Dr. Luke suggested that Plaintiff take medical leave for 

eight weeks and that if she needed more, the Employee Assistance program would make 

arrangements for her to continue. Plaintiff took leave from October 17, 2016 to March 27, 2017 

for stress, anxiety, and depression that stemmed from her work environment. Plaintiff attended 

counseling during this time period as well. 

18. When Plaintiff tried to get Human Resources involved, she was labeled a 

troublemaker and accused of creating hostility in the workplace. 

19. In or around April, 2018, Plaintiff was involved in a car accident. Plaintiff requested 

accommodations to go on light duty but Defendant denied Plaintiff accommodations. Plaintiff 

went to the medical department at work and Defendant placed her on medical leave, from which 

she was never allowed to return. 

20. On Plaintiff s return to work after the accident, Plaintiff's doctor wrote in a work 

restriction of "no direct vibration." Neither Plaintiff's job description nor her duties included or 

exposed her to direct vibrations. Defendant did not inform Plaintiff as to what documents would 

be necessary to ensure her return to work, the plant doctor did not contact the medical doctor for 

an explanation of direct vibration, and the Human Resources department did not send Plaintiff's 

job description to her medical doctor. Defendant did not permit Plaintiff to return to work because 

of her disability and/or request for accommodations. 

El 

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21. Defendant discriminated against Plaintiff based on her race in its decision to deny 

her accommodations. Defendant permitted Chemical Operator Eric Smith, a white male, to have 

light duty for five to six weeks due to a disability. In addition, Plaintiff and other employees had 

to make assignment adjustments to accommodate Eric Smith. In comparison, Defendant denied 

Plaintiff light duty for her actual or perceived disability and/or record of impairment and instead 

terminated her from its employment. 

22. Defendant wrongfully terminated Plaintiff on November 4, 2018 and replaced her 

with a white male. 

23. Plaintiff was making approximately $70,000 to $80,000 each year and Defendant 

terminated her at the age of fifty-three. Plaintiff was in the process of searching for another position 

within the company for the last ten years before she retired. As a result of her termination, Plaintiff 

was left with no health insurance or other benefits. Plaintiff was unable to attended necessary 

doctor appointments and could not afford her medications. In addition, Plaintiff has suffered 

emotional distress, cannot sleep, and is losing weight due to the stress created by losing her job. 

Plaintiff was denied LTD and was told she would not qualify for Social Security Disability. 

Plaintiff had been working in the industry for twenty-two years with no anticipation of starting a 

new career, which has been nearly impossible for her to find with the same income at the age of 

fifty-three. Plaintiff's depression has worsened since the events leading up to and including her 

termination. 

24. Plaintiff has retained the undersigned to represent her interests in this cause and is 

obligated to pay a fee for these services. Defendant should be made to pay said fee under the laws 

referenced above. 

E 

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COUNTI 

RACE DISCRIMINATION 

25. Paragraphs 1 through 24 are realleged and incorporated herein by reference. 

26. This is an action against Defendant for discrimination based upon race. 

29. Plaintiff has been the victim of discrimination on the basis of Plaintiff's race in 

that Plaintiff was treated differently than similarly situated employees of Defendants who are 

white and has been subject to hostility and poor treatment on the basis, at least in part, of 

Plaintiff's race. 

30. Defendant is liable for the differential treatment and hostility towards Plaintiff 

because it controlled the actions and inactions of the persons making decisions affecting Plaintiff 

or it knew or should have known of these actions and inactions and failed to take prompt and 

adequate remedial action or took no action at all to prevent the abuses to PlaintifE Furthermore, 

Defendant knowingly condoned and ratified the differential treatment of Plaintiff as more fully 

set forth above because it allowed the differential treatment and participated in same. 

31. Defendant's known allowance and ratification of these actions and inactions 

actions created, perpetuated and facilitated an abusive and offensive work environment within 

the meaning of the statutes referenced above. 

32. In essence, the actions of agents of Defendant, which were each condoned and 

ratified by Defendant, were of a race-based nature and in violation of the laws set forth herein. 

33. The discrimination complained of herein affected a term, condition, or privilege 

of Plaintiff s continued employment with Defendant. The events set forth herein lead, at least in 

part, to Plaintiff's termination. 

34. Defendant's conduct and omissions constitutes intentional discrimination and 

unlawful employment practices based upon race. 

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35. As a direct and proximate result of Defendant's conduct described above, Plaintiff 

has suffered emotional distress, mental pain and suffering, past and future pecuniary losses, 

inconvenience, bodily injury, mental anguish, loss of enjoyment of life and other non-pecuniary 

losses, along with lost back and front pay, interest on pay, bonuses, and other benefits. These 

damages have occurred in the past, are permanent and continuing. Plaintiff is entitled to 

injunctive/equitable relief and punitive damages. 

COUNTII 

GENDER DISCRIMINATION 

27. Paragraphs 1 through 24 are re-alleged and incorporated herein by reference. 

28. This is an action against Defendant for discrimination based upon gender. 

29. Plaintiff has been the victim of discrimination on the basis of Plaintiff's gender in 

that Plaintiff was treated differently than similarly situated employees of Defendant who are male 

and has been subj ect to disparate and poor treatment on the basis, at least in part, of Plaintiff's 

gender. 

30. Defendant is liable for the differential treatment and hostility towards Plaintiff 

because it controlled the actions and inactions of the persons making decisions affecting Plaintiff 

or it knew or should have known of these actions and inactions and failed to take prompt and 

adequate remedial action or took no action at all to prevent the abuses to Plaintiff. 

31. Furthermore, Defendant knowingly condoned and ratified the differential treatment 

of Plaintiff as more fully set forth above because it allowed the differential treatment and 

participated in same. 

32. Defendant's known allowance and ratification of these actions and inactions actions 

created, perpetuated and facilitated an abusive and offensive work environment within the meaning 

of the statutes referenced above. 

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33. In essence, the actions of agents of Defendant, which were each condoned and 

ratified by Defendant, were of a gender-based natare and in violation of the laws set forth herein. 

34. The discrimination complained of herein affected a term, condition, or privilege of 

Plaintiffs continued employment with Defendant. The events set forth herein led, at least in part, 

to Plaintiff's termination. 

35. Defendant's conduct and omissions constitutes intentional discrimination and 

unlawful employment practices based upon gender. 

36. As a direct and proximate result of Defendant's conduct described above, Plaintiff 

has suffered emotional distress, mental pain and suffering, past and future pecuniary losses, 

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

with lost back and front pay, interest on pay, bonuses, and other benefits. These damages have 

occurred in the past, are permanent and continuing. Plaintiff is entitled to injunctive/equitable 

relief. 

COUNT III 

DISABILITY DISCRIlVIINATION 

37. Paragraphs 1 through 24 are realleged and incorporated herein by reference. 

38. This is an action against Defendant for disability discrimination. 

39. Plaintiff has been the victim of discrimination on the basis of her disability or 

perceived disability. During the course of Plaintiff's employment with Defendant, she was treated 

differently than similarly situated nondisabled/perceived-as-disabled employees. 

40. Defendant is liable for the differential treatment and its refusal to accommodate 

Plaintiff and to engage in the interactive process with her, which adversely affected the terms and 

conditions of Plaintiff's employment with Defendant. Defendant controlled the actions and 

inactions of the persons making decisions affecting Plaintiff or it knew or should have known of 

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these actions and inactions and failed to take prompt and adequate remedial action or took no 

action at all to prevent the abuses to Plaintiff. 

41. In essence, the actions of agents of Defendant, which were each condoned and 

ratified by Defendant, were disability/perceived disability based and in violation of the laws set 

forth herein. 

42. The discrimination complained of herein affected a term, condition, or privilege of 

Plaintiff s continued employment with Defendant. The events set forth herein lead, at least in part, 

to Plaintiff's termination. 

43. Defendant's conduct and omissions constitutes intentional discrimination and 

unlawful employment practices based upon disability or perceived disability or her record of 

having an impairment under the laws enumerated herein. 

44. As a direct and proximate result of Defendant's conduct described above, Plaintiff 

has suffered emotional distress, mental pain and suffering, past and future pecuniary losses, 

inconvenience, bodily injury, mental anguish, loss of enjoyment of life and other non-pecuniary 

losses, along with lost back and front pay, interest on pay, bonuses, and other benefits. These 

damages have occurred in the past, are permanent and continuing. Plaintiff is entitled to 

injunctive/equitable relief and to punitive damages. 

PRAYER FOR RELIEF 

WHERBFORE, Plaintiff demands judgment against Defendant for the following: 

(a) that process issue and this Court take jurisdiction over this case; 

(b) that this Court grant equitable relief against Defendant under the applicable 

counts set forth above, mandating Defendant's obedience to the laws 

enumerated herein and providing other equitable relief to Plaintiff; 

~ 

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(c) enter judgment against Defendant and for Plaintiff awarding all legallyavailable general and compensatory damages and economic loss to Plaintiff 

from Defendant for Defendant's violations of law enumerated herein; 

(d) enter judgment against Defendant and for Plaintiff permanently enjoining 

Defendant from future violations of law enumerated herein; 

(e) enter judgment against Defendant and for Plaintiff awarding Plaintiff 

attorney's fees and costs; 

(f) award Plaintiff interest where appropriate; and 

(g) grant such other further relief as being just and proper under the 

circumstances, including but not limited to reinstatement. 

DEMAND FOR TRIAL BY JURY 

Plaintiff hereby demands a trial by jury on all issues herein that are so triable. 

DATED this 17a' dap of August 2020. 

Respectfully submitted, 

/s/ Marie A. Mattox 

Marie A. Mattox [FBN 0739685] 

MARIE A. MATTOX, P. A. 

203 North Gadsden Street 

Tallahassee, FL 32301 

Telephone: (850) 383-4800 

Facsimile: (850) 383-4801 

Marie(~a,mattoxlaw. com 

Secondary emails: . 

marlene@mattoxlaw.com 

michelle@maftoxlaw.com 

ATTORNEYS FOR PLAINTIFF 

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