UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

U.S. EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION,

Plaintiff,

-againstTHE CRAB STOP BAR AND SEAFOOD

GRILL, LLC; and THE CRAB STOP 

BAR & SEAFOOD GRILL II, LLC,

Defendants.

Civil Action No. ___________________

COMPLAINT

AND DEMAND FOR JURY TRIAL 

INJUNCTIVE RELIEF SOUGHT

NATURE OF 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 sex-based and retaliatory employment 

practices and to provide appropriate relief to Charging Parties Michaela Farrell and 

Caroline Mills and a class of former and/or current female employees who were/are 

adversely affected by such practices. As alleged with greater specificity below, the owner 

of The Crab Stop Bar & Seafood Grill, LLC and The Crab Stop Bar & Seafood Grill II, 

LLC subjected Charging Parties and a class of female employees to a sexually hostile 

work environment based on their sex, including sexually charged comments and groping.

Charging Party Michaela Farrell was constructively discharged. Charging Party Caroline 

Mills was terminated in retaliation for objecting to and complaining about the sexual 

harassment.

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JURISDICTION AND VENUE

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

1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) 

and (3) of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. 

§ 2000e-5(f)(1) and (3) (“Title VII”), and Section 102 of Civil Rights Act of 1991, 42 

U.S.C. § 1981a.

2. Venue is proper because a substantial part of the events giving rise to Title 

VII violations occurred at Defendants’ business locations. The Crab Stop Bar & Seafood

Grill, LLC is located in Sebastian, Florida and The Crab Stop Bar & Seafood Grill II, 

LLC, is located in Vero Beach, Florida. Both are within the jurisdiction of the U.S. 

District Court for the Southern District of Florida.

PARTIES

3. Plaintiff U.S. Equal Employment Opportunity Commission (the 

“Commission” of “the EEOC”) is the agency of the United States of America charged 

with the administration, interpretation, and enforcement of Title VII, and is expressly 

authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 

2000e-5(f)(1) and (3).

4. Defendant The Crab Stop Bar and Seafood Grill, LLC (“Crab Stop”), is a 

Florida limited liability company registered to do business in Florida and has 

continuously done business in Florida, and at all relevant times, employed at least 15 

employees.

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5. Defendant The Crab Stop Bar and Seafood Grill, II, LLC (“Crab Stop II”), 

is a Florida limited liability company registered to do business in Florida and has 

continuously done business in Florida, and at all relevant times, employed at least 15 

employees. 

6. At all relevant times, Crab Stop and Crab Stop II have continuously been 

employers engaged in an industry affecting commerce within the meaning of Sections 

701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g), and (h).

CONDITIONS PRECEDENT

7. More than thirty days prior to the institution of this lawsuit, Charging Party 

Caroline Mills (“Charging Party Mills” or “Mills”) filed a Charge of Discrimination with 

the Commission alleging that Crab Stop II violated Title VII. 

8. The Commission issued a Letter of Determination on July 27, 2022, finding 

reasonable cause to believe that Crab Stop II subjected Charging Party Mills and a class 

of female employees to a sexually hostile work environment and terminated Charging 

Party Mills in retaliation for engaging in protected activity under Title VII. 

9. More than thirty days prior to the institution of this lawsuit, Charging Party 

Michaela Farrell (“Charging Party Farrell” or “Farrell”) filed a Charge of Discrimination 

with the Commission alleging that Crab Stop violated Title VII.

10. The Commission issued a Letter of Determination on July 1, 2022, finding 

reasonable cause to believe that Crab Stop subjected Charging Party Farrell and a class of 

female employees to a sexually hostile work environment and that Crab Stop

constructively discharged Charging Party Farrell.

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11. Prior to initiating this lawsuit, the Commission attempted to correct the 

unlawful employment practices alleged herein through informal methods of conciliation, 

conference, and persuasion, to remedy the discriminatory practices and provide 

appropriate relief. The Commission was unable to secure from Crab Stop or Crab Stop II 

a conciliation agreement acceptable to the Commission.

12. All conditions precedent to the institution of this lawsuit have been 

fulfilled.

STATEMENT OF FACTS

13. The Crab Stop and the Crab Stop II are restaurants owned and operated by 

Ellis Bucker and his wife, Brandy Buckner. 

14. Prior to opening Crab Stop II, the Buckners co-owned and operated The 

Crab Stop & Seafood Market of Vero Beach, LLC (“the Market”). 

15. When the Market closed in October of 2019, the Buckners opened Crab 

Stop II and many employees from the Market, including Charging Party Mills, 

transferred to the Crab Stop II. 

16. As the owner of Crab Stop and Crab Stop II, Ellis Buckner (“Buckner”) 

was often present at the restaurants greeting guests, making repairs, and conducting 

business. 

Charging Party Caroline Mills

17. Caroline Mills was 19 years old when she began working as a server at the 

Market in March of 2019. 

18. Mills worked as a server at the Market until October of 2019 when Crab 

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Stop II was opened and Mills continued working for Crab Stop II until her termination in 

February 2020. 

19. As a server at the Market and at Crab Stop II, Mills had regular contact 

with the owner, Ellis Buckner (“Buckner”). 

20. In or around May 2019, Mills observed a shift in Buckner’s attitude and 

attention toward her. His regular hugs became longer, tighter, and more sexual in nature. 

When Mills pushed Buckner away, Buckner laughed and ignored her discomfort.

21. Buckner’s conduct escalated thereafter and included, but is not limited to,

commenting on Mills’ legs, touching Mills’ thigh, making inappropriate sexual 

comments, and pressing his groin into her back. On each occasion, Mills expressed her 

displeasure, but Buckner laughed off his conduct.

22. Mills complained to the general manager, Roderick Scott, who said he had 

heard similar complaints before and indicated there was little he could do to control 

Buckner. 

23. Scott changed Mills’ schedule to help her avoid Buckner and advised Mills 

to stay away from him as much as possible. 

24. In October 2019, the Crab Stop II opened and Mills transferred to the new 

location.

25. Mills came to the restaurant to sign paperwork and Buckner reached out for 

a hug, slid his hand down and grabbed her buttocks. 

26. Mills abruptly pulled away and saw that another server had seen what 

Buckner did. The other server said she “knows how he is” and admitted that Buckner had 

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made sexual comments and touched her inappropriately as well. 

27. Buckner continued to use his physical size and status as the owner of the 

restaurant to harass and intimidate Mills, leering at her in a sexual way, and making 

inappropriate sexual comments and physical contact. 

28. For example, Buckner’s harassment included, among other harassment,

hugging Mills too tight, rubbing his groin against Mills, grabbing Mills’ thigh, and 

smacking Mills’ butt.

29. On February 17, 2020, Mills attended a meeting with Buckner, Brandy 

Buckner, and the kitchen manager to discuss alleged misconduct of Mills’. At the 

meeting, Mills complained about Buckner’s inappropriate sexual conduct and harassment

and asked that the conduct cease. 

30. Buckner became enraged and ordered Mills to leave the restaurant 

immediately, while threatening to call the police if she did not. Mills attempted to defend 

herself, but eventually left the restaurant as instructed. As she did, Buckner yelled, “leave 

and don’t come back.”

31. Prior to complaining about Buckner’s sexual harassment during the 

February 17, 2020 meeting, there was no indication that Mills would be terminated from 

her position at Crab Stop II and Mills had no intention of resigning from her position. 

32. Charging Party Mills was terminated from her position at Crab Stop II in 

retaliation for complaining about and objecting to Buckner’s sexual harassment. 

33. Because of Buckner’s unlawful conduct and retaliatory termination, 

Charging Party Mills was harmed and suffered damages.

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Charging Party Michaela Farrell

34. Michaela Farrell was twenty-one when she began working as a bartender at

Crab Stop in August 2019. 

35. Early in her employment, Farrell heard a rumor about Buckner harassing 

female employees.

36. On June 6, 2020, Farrell was working the opening bartending shift at Crab 

Stop when Buckner came behind the bar purportedly to attend to a leaking cooler. 

37. Buckner knelt down beside Farrell in a way that she was cornered in and 

could not easily move from where she was standing. 

38. Farell felt trapped by Buckner’s body and close proximity, as he was 

kneeling within 12 inches of her.

39. As he was kneeling beside her, Buckner said, “you have really nice legs” 

and asked if he could touch them. Without waiting for an answer, he then grabbed 

Farrell’s upper thigh and squeezed for about ten (10) seconds and again commented on 

Farrell’s legs before turning and leaving. 

40. Buckner’s touching of Farrell’s upper thigh was intentional and not an 

accident.

41. Farrell was shocked by his conduct. 

42. Farrell told her coworker, a long time Crab Stop employee, about the 

incident and her coworker responded, “I thought he had stopped doing that.”

43. Farrell then called her supervisor who advised her to leave the restaurant 

immediately and call her parents. 

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44. Farrell’s supervisor indicated that the harassment would continue were 

Farrell to remain working at Crab Stop. 

45. Farrell’s supervisor did not offer to investigate or do anything to help her.

46. Farrell left the restaurant in tears, went home and called the police to report 

the incident. The police asked Farrell to meet them at the restaurant which she did. 

47. The police report indicates that Farrell was visibly upset with tears 

streaming down her face. The report also states that when she observed Buckner’s truck 

pull up to the restaurant, Farrell became visibly frightened and hid in her vehicle.

48. In the days following her police report, Farrell learned about other women 

that had been subject to harassment from Bucker. 

49. Ultimately, Farrell did not return to work following the incident out of fear 

for her personal safety due to the likelihood of the harassment reoccurring. 

50. Because of Buckner’s unlawful conduct, Charging Party was harmed and 

suffered damages.

Class of Female Employees

51. Female employees who worked at Crab Stop and Crab Stop II were 

subjected to frequent sexual harassment by Buckner through touching, sexual comments

and propositions, witnessing other female employees being subjected to sexual comments 

and touching, and hearing about other female employees being subjected to sexual 

comments and touching.

52. Buckner used his physical size and position of power to overpower and 

intimidate his female employees and to avoid accountability.

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53. When female employees complained about Buckner’s behavior, Buckner 

made those employees feel as if they were overreacting to innocent behaviors. 

54. Managers and servers knew of Buckner’s conduct but had no authority to 

discipline Buckner or otherwise curb his behavior. 

55. If female employees targeted by Buckner wanted to continue working for 

Crab Stop or Crab Stop II, they were forced to tolerate Buckner’s sexual advances and 

touching.

56. Kayla Chitty (“Ms. Chitty”) worked at Crab Stop from May 2020 through 

January 2021 as a hostess. 

57. Buckner leered at Ms. Chitty in a sexual manner that made her feel 

violated.

58. Buckner often touched Ms. Chitty inappropriately and rubbed her back 

despite Ms. Chitty repeatedly backing away to show her discomfort.

59. When Ms. Chitty spoke with other servers about the conduct, she heard 

comments like, “Oh, he’s doing that again.” 

60. The servers Ms. Chitty spoke to about Buckner’s conduct indicated that 

putting up with such behavior was part of the job and indicated that complaining would 

not make a difference. 

61. Other female employees who worked for Buckner were also subjected to 

frequent sexual harassment through touching, comments, and witnessing other female 

employees being subjected to sexual comments and touching. 

62. As a result of Buckner’s unlawful conduct, a class of female employees of 

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Crab Stop and Crab Stop II were harmed and suffered damages. 

STATEMENT OF CLAIMS

Count I – Sexual Harassment – Hostile Work Environment

Charging Party Mills – Defendant Crab Stop II

63. As set forth in paragraphs 17-33, Defendant Crab Stop II engaged in 

unlawful employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. 

§ 2000e-2(a)(1), by subjecting Charging Party Mills to a sexually hostile work 

environment.

64. The effect of the practices complained of in paragraphs 17-33 has been to 

affect the terms and conditions of employment for Charging Party Mills at Crab Stop II

and to deprive her of equal employment opportunities and to otherwise adversely affect 

her status as an employee because of her sex.

65. The unlawful employment practices complained of in paragraphs 17-33

were intentional. 

66. The unlawful employment practices complained of in paragraphs 17-33

were done with malice or with reckless indifference to the federally protected rights of 

Charging Party Mills. 

Count II – Retaliation – Charging Party Mills – Defendant Crab Stop II

67. As set forth in paragraphs 17-33, Defendant Crab Stop II engaged in 

unlawful employment practices, in violation of Section 704(a) of Title VII, 42 U.S.C. § 

2000e-3(a), by retaliating against Charging Party Mills for engaging in protected activity.

68. The effect of the practices complained of in paragraphs 17-33 has been to 

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affect the terms and conditions of employment for Charging Party Mills at Crab Stop II

and to deprive her of equal employment opportunities and to otherwise adversely affect 

her status as an employee because of her sex.

69. The unlawful employment practices complained of in paragraphs 17-33

were intentional. 

70. The unlawful employment practices complained of in paragraphs 17-33

were done with malice or with reckless indifference to the federally protected rights of 

Charging Party Mills. 

Count III – Sexual Harassment – Hostile Work Environment 

Charging Party Farrell – Defendant Crab Stop

71. As set forth in paragraphs 34-50, Defendant Crab Stop engaged in unlawful 

employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e2(a)(1), by subjecting Charging Party Farrell to a sexually hostile work environment.

72. The effect of the practices complained of in paragraphs 34-50 has been to 

affect the terms and conditions of employment for Charging Party Farrell at Crab Stop 

and to deprive her of equal employment opportunities and to otherwise adversely affect 

her status as an employee because of her sex.

73. The unlawful employment practices complained of in paragraphs 34-50 

were intentional. 

74. The unlawful employment practices complained of in paragraphs 34-50 

were done with malice or with reckless indifference to the federally protected rights of 

Charging Party Farrell. 

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Count IV – Sexual Harassment – Constructive Discharge 

Charging Party Farrell – Defendant Crab Stop

75. As set forth in paragraphs 34-50, Defendant Crab Stop engaged in unlawful 

employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e2(a)(1), by constructively discharging Charging Party Farrell.

76. The effect of the practices complained of in paragraphs 34-50 has been to 

affect the terms and conditions of employment for Charging Party Farrell at Crab Stop 

and to deprive her of equal employment opportunities and to otherwise adversely affect 

her status as an employee because of her sex.

77. The unlawful employment practices complained of in paragraphs 34-50 

were intentional. 

78. The unlawful employment practices complained of in paragraphs 34-50 

were done with malice or with reckless indifference to the federally protected rights of 

Charging Party Farrell. 

Count V – Sexual Harassment – Hostile Work Environment 

Class of Female Employees – Defendants Crab Stop and Crab Stop II

79. As set forth in paragraphs 51-62, Defendants engaged in unlawful 

employment practices, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e2(a)(1), by subjecting a class of female employees that worked at Crab Stop and Crab 

Stop II to a sexually hostile work environment.

80. The effect of the practices complained of in paragraphs 51-62 has been to 

affect the terms and conditions of employment for a class of female employees and to 

deprive them of equal employment opportunities and to otherwise adversely affect their 

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status as employees at Defendants because of their sex.

81. The unlawful employment practices complained of in paragraphs 51-62 

were intentional. 

82. The unlawful employment practices complained of in paragraphs 51-62 

were done with malice or with reckless indifference to the federally protected rights of 

the affected class of female employees. 

PRAYER FOR RELIEF

WHEREFORE, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Crab Stop and Crab Stop II, its 

officers, agents, servants, managers, employees, and all persons in active concert or 

participation with them, from participating in discriminatory conduct based on sex 

including, but not limited to, permitting a sexually hostile work environment and/or 

retaliating against employees who engage in statutorily protected activity in the workplace;

B. Order Crab Stop and Crab Stop II to institute and carry out policies, practices, 

and programs which provide equal employment opportunities for women and which 

eradicate the effects of its past and present unlawful employment practices;

C. Order Crab Stop II to make Charging Party Mills whole by providing 

appropriate back-pay with prejudgment interest, in amounts to be determined at trial, and 

other affirmative relief necessary to eradicate the effects of the Crab Stop II’s unlawful 

employment practices including but not limited to reinstatement and/or front pay;

D. Order Crab Stop to make Charging Party Farrell whole by providing 

appropriate back-pay with prejudgment interest, in amounts to be determined at trial, and 

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other affirmative relief necessary to eradicate the effects of the Crab Stop and the Crab 

Stop’s unlawful employment practices including but not limited to reinstatement and/or 

front pay;

E. Order Crab Stop II to make Charging Party Mills whole, by providing 

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

unlawful employment practices described above, including, emotional pain, suffering, 

inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at 

trial;

F. Order Crab Stop to make Charging Party Farrell whole, by providing 

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

unlawful employment practices described above, including, emotional pain, suffering, 

inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at 

trial;

G. Order Crab Stop and Crab Stop II to make whole the class of female 

employees, by providing compensation for past and future pecuniary and non-pecuniary 

losses resulting from the unlawful employment practices described above, including, 

emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in 

amounts to be determined at trial;

H. Order Crab Stop II to pay Charging Party Mills punitive damages for its 

malicious and reckless conduct described above, in amounts to be determined at trial;

I. Order Crab Stop to pay Charging Party Farrell punitive damages for its 

malicious and reckless conduct described above, in amounts to be determined at trial;

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J. Order Crab Stop and Crab Stop II to pay the class of female employees 

punitive damages for its malicious and reckless conduct described above, in amounts to be 

determined at trial;

K. Grant such further relief as the Court deems necessary and proper in the 

public interest; and

L. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its Complaint.

Date: September 30, 2022 Respectfully submitted,

U.S. EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION

GWENDOLYN YOUNG REAMS 

Acting General Counsel 

U.S. EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION 

131 M Street, N.E. 

Washington, DC 20507

ROBERT E. WEISBERG 

Regional Attorney

Florida Bar No. 285676

s/ Kristen M. Foslid

KRISTEN M. FOSLID

Supervisory Trial Attorney

Florida Bar No. 0688681

Kristen.foslid@eeoc.gov

U.S. Equal Employment 

Opportunity Commission 

Miami District Office 

Miami Tower 

100 S.E. 2nd Street, Suite 1500 

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Miami, Florida 33131 

(786) 648-5851

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