UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 

TATIANA PINTO,

 Plaintiff,

v.

HARTZELL CONSTRUCTION, INC.,

 Defendant.

________________________________________/

COMPLAINT 

Plaintiff, TATIANA PINTO (“Plaintiff”), by and through the undersigned counsel, 

hereby files this Complaint against Defendant, HARTZELL CONSTRUCTION, INC.

(“Defendant”), and in support states as follows:

JURISDICTION AND VENUE

1. This action seeks damages in excess of $30,000.00, independent of attorney’s fees, costs, 

and interest, as a result of Defendant’s sexual harassment of Plaintiff’s employment in violation 

of Title VII and the Florida Civil Rights Act, §760.01, et seq., Florida Statutes (“FCRA”).

2. Defendant is a Florida Profit Corporation with its principal place of business Broward 

County Florida.

3. Defendant operates a construction company.

4. Plaintiff was at all relevant times a resident of Broward County, Florida.

5. Plaintiff was at all relevant times an employee of Defendant.

6. At all relevant times, Defendant was Plaintiff’s employer and employed no less than 15 

or more employees for each of 20 or more work weeks in the current or preceding year.

7. Defendants is accordingly an “employer” as defined by Title VII and the FCRA.

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8. Plaintiff alleges causes of action for sexual harassment under Title VII and the FCRA, as 

a result of the sexual harassment she experienced by Defendant.

9. The violations complained of herein occurred in Broward County, Florida.

10. As more fully set forth below, Plaintiff filed a Charge of Discrimination with the Equal 

Employment Opportunity Commission (“EEOC”) in April 2022, claiming discrimination and 

hostile work environment based on sexual discrimination.

11. Plaintiff’s Charge of Discrimination was dual filed with the Florida Commission on 

Human Relations (“FCHR”), the state equivalent of the EEOC.

12. On July 28, 2022 a notice of right to sue was received by Plaintiff in which no 

determination was made.

13. Plaintiff has accordingly exhausted her administrative remedies prior to initiating the 

instant suit.

FACTUAL ALLEGATIONS

14. Plaintiff became employed by Defendants on December 15, 20215 as a permit runner.

15. Plaintiff’s job required her to take permits to different municipalities and obtain copys 

and to submit paperwork with the municipalities.

16. As such she would not go to the main office location everyday, however when she did 

she was anxious and scared as the President of the company “Edward Holman” would everyday

he saw her try to hug her and kiss her on the lips.

17. Edward would grab tight when he hugged her in order to feel her curves and would 

forcefully try to kiss her on the lips making contact most days.

18. This was an action that happened at least once every time she would go to the main office 

location for Defendant and Edward Holman was present and saw her.

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19. Plaintiff eventually would seek reasons to stay as far away from the office as she could 

including taking as many permit running jobs that had her go to municipalities away from the

main office location.

20. She did this due to the anxiety and fear she felt of possibly seeing Edward Holman and 

having to kiss him.

21. Edward Holman would even try to kiss her on the lips during the Covid 19 Pandemic.

22. Even though there were talks about maintaining distance to not spread the virus Edward

did not care when it came to Plaintiff.

23. These actions were also done by Edward Holman’s daughter who also worked at the

location.

24. One day Plaintiff felt someone grab her buttocks and turned to see Holman’s daughter 

with her hand on Plaintiff’s buttocks and proclaim, “look at this ass!” to all people present 

including Edward Holman. 

25. Plaintiff saw Edward Holman glare at her buttocks and later would request a hug which 

ended in a squeeze of her buttocks.

26. In June of 2021 Plaintiff could not take it anymore and was constructively discharged.

27. Plaintiff to this day has trepidations and fear that she will be sexual harassed at her 

subsequent employment and has developed anxiety and depression from the improper sexual 

harassment she suffered from Edward Holman and his daughter. 

COUNT I

Sexual Harassment in Violation of the FCRA

Wrongful Termination

28. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-27 above as 

if set out in full herein.

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29. Plaintiff is a member of a protected class under the FCRA.

30. By the conduct describe above, Defendants have engaged in discrimination against 

Plaintiff because of Plaintiff’s gender and subjected the Plaintiff to sexual harassment-based 

animosity. 

31. Such discrimination was based upon the sexual harrasment in that Plaintiff would not 

have been the object of discrimination but for the fact that Defendant sexually harassed Plaintiff. 

32. Defendants’ conduct complained of herein was willful and in disregard of Plaintiff’s 

protected rights. Defendants and their supervisory personnel were aware that discrimination on 

the basis of sexual harassment was unlawful but acted in reckless disregard of the law. 

33. At all times material hereto, the employees exhibiting discriminatory conduct towards 

Plaintiff possessed the authority to affect the terms, conditions, and privileges of Plaintiff’s 

employment with the Defendant. 

34. Defendant retained all employees who exhibited discriminatory conduct toward the 

Plaintiff and did so despite the knowledge of said employees engaging in discriminatory actions.

35. As a result of Defendant’s actions, as alleged herein, Plaintiff has been deprived of rights, 

has been exposed to ridicule and embarrassment, and has suffered emotional distress and 

damage. 

36. The conduct of Defendants, by and through the conduct of its agents, employees, and/or 

representatives, and the Defendant’s failure to make prompt remedial action to prevent continued 

discrimination against the Plaintiff, deprived the Plaintiff of statutory rights under federal law. 

37. The actions of the Defendants and/or its agents were willful, wanton, and intentional, and 

with malice or reckless indifference to the Plaintiff’s statutorily protected rights, thus entitling 

Plaintiff to damages in the form of compensatory and punitive damages pursuant to state and 

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federal law, to punish the Defendants for their actions and to deter them, and others, from such 

action in the future. 

38. Plaintiff has suffered and will continue to suffer both irreparable injury and compensable 

damages as a result of Defendants’ discriminatory practices unless and until this Honorable 

Court grants relief. 

WHEREFORE, Plaintiffs respectfully prays for the following relief against Defendants: 

a. Adjudge and decree that Defendants have violated the FCRA, and have done so 

willfully, intentionally, and with reckless disregard for Plaintiff’s rights;

b. Enter a judgment requiring that Defendants pay Plaintiff appropriate back pay, 

benefits' adjustment, and prejudgment interest at amounts to be proved at trial for the 

unlawful employment practices described herein;

c. Enter an award against Defendants and award Plaintiff compensatory damages for 

mental anguish, personal suffering, and loss of enjoyment of life;

d. Require Defendants to reinstate Plaintiff to the position at the rate of pay and with the 

full benefits Plaintiff would have had Plaintiff not been discriminated against by 

Defendants, or in lieu of reinstatement, award front pay;

e. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; 

and

f. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT II

Sexual Harassment in Violation of the FCRA

Hostile Work Environment

39. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-27 of this 

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complaint as if set out in full herein.

40. Plaintiff is a member of a protected class under the FCRA.

41. As part of its protections, the FCRA prohibits sexual harassment.

42. The conduct to which Plaintiff was subjected was severe, pervasive, physically 

threatening, humiliating, and unreasonably interfered with Plaintiff’s work performance in 

violation of the FCRA.

43. The harassing conduct to which Plaintiff was subjected was perpetrated against him as a 

result of her gender (female), and constituted actionable sexual harassment..

44. Defendants’ alleged bases for the adverse conduct against Plaintiff are pretextual and 

asserted only to cover up the harassing, discriminatory, and retaliatory nature of their conduct.

45. As a result of the sexually harassing conduct to which Plaintiff was subjected and the 

adverse employment actions suffered by Plaintiff related thereto, Plaintiff has experienced and 

will continue to experience significant financial and economic loss in the form of lost wages and 

lost benefits. Plaintiff has also experienced and will continue to experience emotional anguish, 

pain and suffering and loss of dignity damages. 

WHEREFORE, Plaintiffs respectfully prays for the following relief against Defendants: 

a. Adjudge and decree that Defendants have violated the FCRA, and have done so 

willfully, intentionally, and with reckless disregard for Plaintiff’s rights;

b. Enter a judgment requiring that Defendants pay Plaintiff appropriate back pay, 

benefits' adjustment, and prejudgment interest at amounts to be proved at trial for the 

unlawful employment practices described herein;

c. Enter an award against Defendants and award Plaintiff compensatory damages for 

mental anguish, personal suffering, and loss of enjoyment of life;

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d. Require Defendants to reinstate Plaintiff to the position at the rate of pay and with the 

full benefits Plaintiff would have had Plaintiff not been discriminated against by 

Defendants, or in lieu of reinstatement, award front pay;

e. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; 

and

f. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT III

Sexual Harassment in Violation of Title VII

Wrongful Termination

46. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-27 above as 

if set out in full herein.

47. Plaintiff is a member of a protected class under Title VII.

48. By the conduct describe above, Defendants have engaged in discrimination against 

Plaintiff because of sexual harassment and subjected the Plaintiff to sexual harassment-based 

animosity. 

49. Such discrimination was based upon the sexual harassment in that Plaintiff would not 

have been the object of discrimination but for the fact that Defendant sexually harassed Plaintiff. 

50. Defendant’s conduct complained of herein was willful and in disregard of Plaintiff’s 

protected rights. Defendant and their supervisory personnel were aware that discrimination 

based on sexual harassment was unlawful but acted in reckless disregard of the law. 

51. At all times material hereto, the employees exhibiting discriminatory conduct towards 

Plaintiff possessed the authority to affect the terms, conditions, and privileges of Plaintiff’s 

employment with the Defendant. 

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52. Defendant retained all employees who exhibited discriminatory conduct toward the 

Plaintiff and did so despite the knowledge of said employees engaging in discriminatory actions.

53. As a result of Defendant’s actions, as alleged herein, Plaintiff has been deprived of rights, 

has been exposed to ridicule and embarrassment, and has suffered emotional distress and 

damage. 

54. The conduct of Defendant, by and through the conduct of its agents, employees, and/or 

representatives, and the Defendant’s failure to make prompt remedial action to prevent continued 

discrimination against the Plaintiff, deprived the Plaintiff of statutory rights under federal law. 

55. The actions of the Defendant and/or its agents were willful, wanton, and intentional, and 

with malice or reckless indifference to the Plaintiff’s statutorily protected rights, thus entitling 

Plaintiff to damages in the form of compensatory and punitive damages pursuant to state and 

federal law, to punish the Defendant for their actions and to deter them, and others, from such 

action in the future. 

56. Plaintiff has suffered and will continue to suffer both irreparable injury and compensable 

damages as a result of Defendant’s discriminatory practices unless and until this Honorable 

Court grants relief. 

WHEREFORE, Plaintiffs respectfully prays for the following relief against Defendant:

a. Adjudge and decree that Defendant have violated Title VII, and have done so 

willfully, intentionally, and with reckless disregard for Plaintiff’s rights;

b. Enter a judgment requiring that Defendant pay Plaintiff appropriate back pay, 

benefits' adjustment, and prejudgment interest at amounts to be proved at trial for the 

unlawful employment practices described herein;

c. Enter an award against Defendant and award Plaintiff compensatory damages for 

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mental anguish, personal suffering, and loss of enjoyment of life;

d. Require Defendant to reinstate Plaintiff to the position at the rate of pay and with the 

full benefits Plaintiff would have had Plaintiff not been discriminated against by 

Defendants, or in lieu of reinstatement, award front pay;

e. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; 

and

f. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT VI

Sexual Harassment in Violation of Title IV

Hostile Work Environment

57. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-27 of this 

complaint as if set out in full herein.

58. Plaintiff is a member of a protected class under Title VII.

59. As part of its protections, Title VII prohibits sexual harassment.

60. The conduct to which Plaintiff was subjected was severe, pervasive, physically 

threatening, humiliating, and unreasonably interfered with Plaintiff’s work performance in 

violation of Title VII.

61. The harassing conduct to which Plaintiff was subjected was perpetrated against him as a 

result of her gender (female) and constituted actionable sexual harassment.

62. Defendant’s alleged bases for the adverse conduct against Plaintiff are pretextual and 

asserted only to cover up the harassing, discriminatory, and retaliatory nature of their conduct.

63. As a result of the sexually harassing conduct to which Plaintiff was subjected and the 

adverse employment actions suffered by Plaintiff related thereto, Plaintiff has experienced and 

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will continue to experience significant financial and economic loss in the form of lost wages and 

lost benefits. Plaintiff has also experienced and will continue to experience emotional anguish, 

pain and suffering and loss of dignity damages. 

WHEREFORE, Plaintiffs respectfully prays for the following relief against Defendant: 

a. Adjudge and decree that Defendant have violated Title VII, and have done so 

willfully, intentionally, and with reckless disregard for Plaintiff’s rights;

b. Enter a judgment requiring that Defendant pay Plaintiff appropriate back pay, 

benefits' adjustment, and prejudgment interest at amounts to be proved at trial for the 

unlawful employment practices described herein;

c. Enter an award against Defendant and award Plaintiff compensatory damages for 

mental anguish, personal suffering, and loss of enjoyment of life;

d. Require Defendant to reinstate Plaintiff to the position at the rate of pay and with the 

full benefits Plaintiff would have had Plaintiff not been discriminated against by 

Defendants, or in lieu of reinstatement, award front pay;

e. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; 

and

f. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

JURY TRIAL DEMAND

Plaintiff demands a trial by jury on each of her above claims.

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Dated: _____10/25/22________ Respectfully submitted.

GALLARDO LAW OFFICE, P.A.

8492 SW 8th Street

Miami, Florida 33144

Telephone: (305) 261-7000

Facsimile: (786) 527-3242

By: s/ Elvis J. Adan

Elvis J. Adan, Esq.

 Fla. Bar No.: 24223

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