UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.

 

IVAN RADI, 

 Plaintiff, 

v. 

AMMANN AMERICA, INC., 

a Florida corporation, 

Defendant. 

_________________________________/ 

COMPLAINT

Plaintiff, IVAN RADI (“Plaintiff” or “Mr. Radi”), by and through undersigned counsel,

hereby sues Defendant, AMMANN AMERICA, INC., (“Defendant” or “Radi”) and alleges:

PARTIES

1. Plaintiff is an individual who resides in Miami-Dade County, Florida. 

2. Defendant is a corporation located at 1125 SW 101 Street, Davie, Florida.

3. Defendant is, by its own description, a “world-leading supplier of mixing plants, 

machines and services to the construction industry with core expertise in road building and 

transportation infrastructure.”

4. Defendant has a bare minimum of 15 employees, and, upon information and 

belief, far more.

5. Defendant employed Plaintiff as its Chief Financial Officer, from May 21, 2018, 

through October 30, 2019.

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JURISDICTION AND VENUE

6. This case arises under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. §§ 

2000e et seq. (Title VII). This Court has jurisdiction under 28 U.S.C.A. § 1343(4), 42 U.S.C.A. 

§ 2000e-5(f), and pursuant to the supplemental jurisdiction of this court, over all nonfederal 

causes of action under 28 U.S.C.A. § 1367. 

7. Venue is proper in this judicial district pursuant to 28 U.S.C.A. § 139 (b)(2), as a 

substantial part of the events giving rise to the claims occurred in the Southern District of Florida, 

and pursuant to 28 U.S.C.A. § 1391 (b)(1), as both parties reside in Florida. 

8. Plaintiff has exhausted all administrative remedies. All conditions precedent to 

the filing of this action have occurred or have been waived, or their performance is otherwise 

excused. Plaintiff has received a right to sue letter from the Equal Employment Opportunity 

Commission, a copy of which is attached hereto as Exhibit “A.” 

FACTUAL ALLEGATIONS

9. With no notice whatsoever, on October 30, 2019, Ammann fired Mr. Radi, then age 

55, as Chief Financial Officer without cause, after enduring eighteen months (since before his 

official hire on May 21, 2018) of abusive, hostile policies and degrading comments toward people 

of Hispanic origin (and other minorities). 

10. The degrading comments and abusive policies were recited explicitly, openly, 

without hesitation, and even in writing via a series of emails from upper management – 

Plaintiff’s suprervisors. The comments were more than petty, occasional, or passive insults, but 

rather constant expressions of deep-seated hostility toward people of Hispanic origin – hostility 

that was in fact implemented as part of Ammann’s business practices and official company policy.

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11. In addition to exposure to the hostile atmosphere, Ammann, as a matter of course, 

paid Hispanic management and employees far less than their non-Hispanic peers. As expected, 

in the weeks following Mr. Radi’s firing, he was replaced by a white CFO, with the preferred 

German or Swiss/German pedigree matching that of his Swiss supervisor, Sascha Seglias, and his 

supervisor, Lieven Van Broekhoven, who was ultimately responsible for making hiring decisions 

and rendering orders on behalf of Ammann in the region. Then, within 90 days of Mr. Radi’s 

firing, one of the few remaining Hispanic executives was fired, and another resigned, leaving 

approximately three Hispanic employees out of 19. 

12. Mr. Radi, born in Colombia, had been a U.S. citizen for ten years at the time of his 

firing. At all times material, he had a Master’s degree in Business Administration, was fluent in 

English and Spanish, and had (until his firing by Ammann) a stable, unblemished work history, 

with over 30 years of experience. Most of his career had been spent working for one company 

over 25 years, from 1989 through 2014. 

13. Mr. Radi has and had a specialized expertise in enterprise resource management 

related to the cement, coal, and building-material industry. 

14. During Mr. Radi’s time working for Ammann, he earned a base salary of $150,000

and received two bonuses of $22,500 each -- the maximum bonus that he was eligible to receive. 

His total compensation package, including salary, family health insurance, car allowance, vacation 

pay, and earned bonus, was approximately $220,000. 

15. During Mr. Radi’s 18 months as Chief Financial Officer at Ammann, he was never 

once the subject of an “attention call,” a “write-up,” or other such reprimand for poor performance. 

In fact, to the contrary, he was twice recognized at events held by Ammann’s parent company at 

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global events. Specifically, he was one of three people chosen to make a presentation at a global 

financial conference held June 27, 2019, which assembled all CFO’s for Ammann’s affiliated 

companies. At that conference, he was singled out for congratulatory recognition by a global 

corporate CFO. Likewise, the following day, he participated in Ammann’s first global human 

resources conference, where he presented the results obtained and was again publicly 

congratulated, by Marcel Jenni, the global corporate head of human resources. 

16. Under Mr. Radi’s watch, Ammann’s U.S. operation expanded exponentially. Mr. 

Radi supervised the completion (in a matter of five months) of a massive remodeling project for 

Ammann’s U.S. headquarters building that had been stalled for one year under previous 

management – requiring Ammann to pay rent for a 17,000 square foot headquarters that it could 

not use for no other reason than prior management’s lack of competence. (Although the building 

had been leased since 2017, one year later, work had not even begun under the supervision of Mr. 

Radi’s predecessor). 

17. Mr. Radi routinely worked weekends and even voluntarily worked on paid 

leisure/vacation days to accomplish his tasks. Mr. Radi gladly took on all of the myriad additional 

responsibilities demanded of him, including: 

• Overhauling the budget for the renovation of Ammann’s U.S. headquarters 

• Managing cash flow, payments, and financial agreements

• Negotiating with architects and contractors 

• Securing compliance with city and county permitting requirements 

• Supervising the renovation and ensuring timely progress thereof 

• Selecting and replacing service providers 

• Selecting and acquiring office furniture and work equipment

• Supervising and paying contractors 

• Designing and implementing administrative controls and procedures

• Implementing human resource controls and procedures 

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• Overseeing all IT systems and procedures 

18. Mr. Radi’s clear accomplishments, the complete absence of complaints, the 

accolades given him at two conferences by executives of Ammann’s parent corporation, the 

bonuses paid to him, and the systemic discrimination and wholesale mistreatment of Hispanics by 

Ammann (in its U.S. operations), make clear that that there was no bona fide, non-pretextual reason 

for his firing. Rather it is as it appears: At the very top of its U.S. organization, led by Mr. Van 

Broekhoven, Ammann was deeply hostile toward Hispanics (notwithstanding subsequent cleanup efforts in anticipation of litigation). Ammann’s policies toward Mr. Radi and others are a 

deliberate result of that hostility.

PARTICULAR INSTANCES OF DISCRIMINATION

19. A sampling of particular instances of discrimination are as follows:

FIRST INSTANCE OF DISCRIMINATION: DEGRADING COMMENT, APRIL 

2018 

20. The first instance of discrimination took place before Mr. Radi’s official start date 

(May 21, 2018). During the week of April 23, 2018, Mr. Radi was asked to travel to Cologne, 

Germany for a global sales meeting with Mr. Radi’s supervisors at the time: Mark Medeiros 

(Regional Director for North and South America) and Sascha Seglias, Corporate Group Controller. 

At that time Mr. Seglias made the following statement to Mr. Radi: 

“I hope you are punctual in the delivery of financial information since 

I have the impression that in Latin culture, punctuality is not 

one of your strengths.” 

21. Since this was the first anti-Hispanic comment Mr. Radi heard, he minimized it or 

brushed it off as perhaps a poor attempt at humor or jest. Eager to begin his new position without 

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strife, Mr. Radi disregarded this one instance. He could not have imagined at the time that the 

comment was reflective of a culture of anti-Hispanic discrimination that would reveal its face more 

and more over Mr. Radi’s time with Ammann.

SECOND ACT OF DISCRIMINATION: DEGRADING COMMENT, NOVEMBER 

2018 

22. In November, 2018, Mr. Radi attended a “progress meeting” at a restaurant in 

Davie, Florida with Lieven Van Broekhoven (Vice President of Sales). Evidently pleased with 

Mr. Radi’s performance, Mr. Van Broekhoven remarked (in some sort of twisted attempt at a backhanded compliment):

“Well, it seems that Latinos are not as lazy and disorganized as it seems.” 

THIRD ACT OF DISCRIMINATION: DECEMBER 2018 HIRING DISCUSSION 

RE: MOISES HERNANDO

23. In December, 2018, Mr. Radi was asked to embark on a hiring search to fill the 

position of After Sales Director. One candidate responded, who clearly met the hiring criteria: 

Moises Hernando. Mr. Hernando was clearly well-qualified, having worked for ten years with 

Komatsu in the United States, and meeting or surpassing all job criteria. 

24. Initially, Mr. Radi’s supervisors did not want to hire Mr. Hernando despite Mr. 

Radi’s recommendation to the contrary. On December 18, 2018, Mr. Radi and his supervisors

had a hiring meeting at the Hampton Inn Hotel. They discussed the After Sales Director position, 

which had still not been filled. 

25. Mr. Radi brought up Mr. Hernando’s name again. At that time, Mr. Van 

Broekhoven questioned whether a Latino person could manage the U.S. Market efficiently. 

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26. Mr. Radi confirmed that Mr. Hernando was indeed well-qualified, and ultimately 

Mr. Van Broekhoven reluctantly hired Mr. Hernando despite his Hispanic background. 

FOURTH ACT OF DISCRIMINATION: DECEMBER 2018 HIRING OF CFO 

ASSISTANT AND FINANICAL ASSISTANT POSITIONS 

27. Beginning in December, 2018, Ammann, through its upper management, began to 

put in writing the type of discrimination outline above. 

28. In December, 2018, Mr. Van Broekhoven assigned Mr. Radi the task of searching 

for candidates to fill the positions of CFO Assistant and other financial assistant positions. 

29. Mr. Radi interviewed six people for the position. He then narrowed the field down 

to two candidates, whose qualifications he found most impressive: MARIA BALLESTAS and

CLAUDIA ANTELO.

30. On December 19, 2018, Mr. Radi sent an email to Mr. Van Broekhoven 

summarizing Ms. Ballestas’ and Ms. Antelo’s qualifications and recommending them for the 

positions. Mr. Radi’s email reads:

 Hi Lieven, 

 

 Last week I interviewed 6 persons for the positions mentioned above. 

I choose the best two candidates and share with Gilvan and Mark, both 

agree.

 Our intention is to hire them for the third week of January. 

 Attached please find their resumes and my impressions: . . . 

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31. A copy of Mr Radi’s December 19, 2018, email to Mr. Van Broekhoven is attached 

hereto as Exhibit “B.”1

32. At 2:42 p.m. on December 19, Mr. Van Broekhoven responded to my email stating:

 “Also, we cannot have only Latino’s. Need balance.” 

33. A copy of the email from Mr. Broekhoven is attached hereto as Exhibit “C.

34. Then, in an a “high importance” email on December 20, 2018, at 5:38 a.m., Mr. 

Pereira yielded to Mr. Van Broekhoven’s admonition regarding Hispanic candidates, stating in 

relevant part: 

“Considering the Latino comment I ask Ivan to review the other 

candidates, so we avoid having too much individuals non US in the 

company.” 

35. A copy of the December 20, 2018, email is attached hereto as Exhibit “D.”

36. On January 9, 2019, at 9:13 a.m., Mr. Van Broekhoven sent yet another email to 

Mr. Radi, Ms. Pereira and Mr. Medeiros, again emphasizing the need to bar Hispanics from the 

positions. The email included the following dictates:

 “New hire is to be ‘American’. Knowledge of Spanish is ‘nice’

but is not needed.”

and 

 “Once we are up and running, and if [sic] only if the need arises, 

we can hire a second support person. This person shall also be 

American.”

37. A copy of the January 9, 2019, email is attached hereto as Exhibit “E.”

1 Markings by Sharpie, on all email attachments, are added. Bolded text in quotations herein is for emphasis.

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38. As a result of the top-down admonitions, and for no other reason than that they 

happen to be of Hispanic origin, Ammann barred the too-Latin MARIA BALLESTAS and

CLAUDIA ANTELO from further consideration. In no uncertain terms, Mr. Radi was instructed 

to hire another person who should be a U.S. citizen without a “Latin” name. The company 

ultimately hired Joann Olivier, who is not of Hispanic origin or descent. 

FIFTH ACT OF DISCRIMINATION: JANUARY 2019 ELECTRICAL ENGINEER 

HIRING SEARCH INVOLVING JUAN RODRIGUEZ

39. As of January, 2019, Ammann was in the midst of a year-long search for an 

electrical engineer. Mr. Van Broekhoven instructed that Mr. Radi and his colleague, Jan 

Thomschke (who had knowledge of engineering), travel to Orlando to evaluate candidates. 

40. Mr. Thomschke evaluated the candidates’ knowledge, while Mr. Radi evaluated 

other areas. 

41. Mr. Thomschke and Mr. Radi agreed that out of three candidates interviewed, Mr. 

Juan Rodriguez was the best qualified person. 

42. Mr. Thomschke sent an email to the supervisors summarizing the interviews and 

our recommendation, stating: 

Dear All,

 After having yesterday and today the three scheduled interviews with: 

- Juan Rodriguez 

- Mitchell Alexander

- Shawn Orlena 

Ivan and myself decided relatively fast, that Juan Rodriguez is the right 

candidate. He is open-minded and hungry to do a challenging job as an 

Electrical Eng. The whole conversation was good and we are sure the [sic] 

he fits in the North American Engineering Team. . . . 

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[See email of January 18, 2019, attached hereto as Exhibit “F”].

39. When Mr. Radi spoke with Mr. Van Broekhoven in person regarding the consensus 

that Mr. Rodriguez was the best, most-qualified candidate, Mr. Van Broekhoven became irate, 

stating: 

“Oh! Another Latino!? . Was Rodriguez hired?” 

SIXTH ACT OF DISCRIMINATION: JUNE 2019 HIRING FOR COLD CALL 

POSITION

40. Mr. Van Broekhoven had given Mr. Radi and Gilvan Pereira the task of hiring a 

cold call representative for Ammann. It was made clear that the hire was not to be of Hispanic 

origin, and, in fact, when presented with candidates with Latin names, Mr. Broekhoven repeatedly 

rejected those names and ordered Mr. Radi to start the search anew.

41. In a series of emails, Mr. Van Broekhoven and Mr. Pereira made clear – again in 

no uncertain terms -- that the new employee was to be a “native American,” “American from 

American origin,” who “speak[s] absolutely fluent English,” and that “[n]o accent was to 

be accepted.” 

42. An email, dated June 10, 2019, from Ms. Pereira to me reads:

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As discussed last week we need to increase our efforts to accelerate our 

penetration in the Plants business in the US. 

Based on this as discussed please accelerate selection of an Intern, or a low 

cost person, to be exclusively dedicated to make cold calls and try to 

schedule meetings for Esquivel and Devonshire. 

Must be native American, and speak absolutely fluent English. No 

accent to be accepted.

If you have any doubt please let me know 

Best Regards

Gilvan

43. A copy of the email of June 10, 2019, attached hereto as Exhibit “G.”

44. Two days later, on June 12, 2019, Mr. Van Broekhoven, again emphasized the 

NO HISPANICS policy, making it abundantly clear that the employee “MUST BE AMERICAN 

FROM AMERICAN ORIGIN” and that his dictates, including his NO HISPANICS dictate must 

not be “purposely ignored” (emphasis added).

45. The email from Mr. Van Broekhoven instructing management to only hire 

“American[s] from American Origin” reads in full: 

To ensure we do not end up with another hire that was not planned or a situation

where instructions were purposely ignored: 

- we are looking for a temp worker for cold calls to asphalt producers in 

USA

- can be a student

- must be American from American origin

- role is temporary

- no title, no employment, no benefits. 

- On monthly contract basis only. A set weekly rate all inclusive. 

- We are not hiring a receptionist

- We are not hiring a marketing person 

- We are not hiring an accounting person 

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Cost agreed upfront by Gilvan before we offer anything 

Contract to be signed by 2 persons. 

46. A true and correct copy of the email of June 12, 2019, is attached hereto as 

Exhibit “H.”

47. Mr. Radi’s firing was a product of Ammann’s policy of discrimination against 

employees of Hispanic national origin and, in addition, constituted an act of retaliation for Mr. 

Radi’s resistance to Ammann’s policy against hiring people of Hispanic national origin or 

ethnicity.

48. Mr. Radi’s consistent position of treating existing employees and evaluating 

potential employees without regard to their ethnic origin (and his failure to exclude candidates 

solely because they may be Hispanic or have a Hispanic accent or name) posed a direct conflict 

with Mr. Van Broekhoven, who exercised ultimate decision-making with respect to personnel and 

hiring decisions in the United States. 

49. It is apparent that Mr. Radi was fired because of Mr. Broekhoven’s particular, and 

obvious, animus toward people of Hispanic background, regardless of the parent company’s 

purported policies, and Mr. Broekhoven’s displeasure with Mr. Radi’s disregard for Ammann’s 

policy. 

50. In addition to particular instances of discrimination against people of Hispanic 

national origin, as delineated with particularity above, Ammann clearly had policies of systemic 

discrimination evident in the ethnic makeup of their employee workforce and the disparate salaries 

given Hispanic executives in contrast to non-Hispanic employees.

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51. A spreadsheet (salary information redacted for purposes of the complaint) listing 

all of Ammann’s employees as of my firing on October 30, 2019, is attached hereto as Exhibit 

“I” and shows clear underrepresentation of the Hispanic community as of Mr. Radi’s firing 

(notwithstanding subsequent “cleanup” work in anticipation of litigation).

52. As of Mr. Radi’s firing, Ammann had a total of 21 employees. Of those, six (or 

28.5%) were Hispanic, namely:

Ivan, Radi (Colombia) 

Hernando, Moises (Peru)

Esquivel, Moises (Honduras) 

Rodriguez, Juan (Mexico) 

Sandoval, Nelson (Colombia) 

Remigi, Raul (Nicaragua)

53. The firing of Mr. Radi ushered in a purge of Hispanic employees. 

54. Mr. Radi was fired and replaced with a white male of apparent German heritage: 

Jeffrey Kummler. 

55. During the week of January 17, 2020, “After Sales Product Manager” Moises 

Hernando resigned, and Area Sales Manager Moises Esquivel, a Hispanic executive who had been 

with another company for eight years, and the company’s only expert in asphalt plants, was fired

with no (pretextual or purported non-pretextual) reason given. 

56. Notably, Mr. Esquivel had complained of Huey Song (Mr. Van Broekhoven’s wife) 

reprimanding him and colleagues when they spoke Spanish in the lunchroom, stating that “This is 

an American company and all employees must speak English all of the time.” 

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57. The elimination of these two Hispanic employees, in addition to the firing of Mr. 

Radi and replacement with a white male of German heritage, left Ammann with only three 

remaining Hispanic or Latino employees. 

58. As Ammann was left with 19 employees, after the Hispanic purge, the company 

had 15% of its employees of Hispanic nationality in a county (Broward) with a 27% Hispanic 

population -- a dramatic under-representation.

59. The purge of Hispanic employees began at the very first moment it could have 

occurred as a practical matter. Before the hiring of Mr. Radi, Ammann lacked employees with the 

most basic competence to complete the buildout of its new headquarters in anything resembling a 

timely manner. 

60. Before Mr. Radi’s hiring, the company’s existing employees utterly failed in 

bringing the buildout project to fruition, instead allowing the project to languish for years and 

incurring, at a minimum, hundreds of dollars in fixed costs for a headquarter building that Ammann 

could not use. 

61. Mr. Radi’s diverse expertise brought a complete reversal of the stalled project, and, 

in fact, by the time of his firing, Mr. Radi had ensured that the new building was one hundred 

percent functional. 

62. While the building project was ongoing, Mr. Radi was indispensable --

notwithstanding his Hispanic origin and indisputable accent, which Ammann clearly considered a 

handicap. 

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63. Upon the completion of the building, however, the one barrier to firing Mr. Rami 

on account of his ethnicity was dispensed with. He was promptly fired, followed by the prompt 

purge of Ammann’s existing Hispanic employees. 

UNDERCOMPENSATION OF HISPANIC EMPLOYEES

64. In addition to underrepresenting Hispanic employees, as a matter of course, and 

across the board, Ammann, as of the time of Mr. Radi’s firing, paid employees of Hispanic national 

origin dramatically less than similarly situated non-Hispanic peers in the company. 

65. MOISES HERNANDO (After Sales and Product Support Director), before his 

resignation, had an annual salary that was approximately two-thirds of that of TOM OLSON

(Distribution Director) with a same level job and similar experience. TOM OLSON was paid 50% 

more than his similarly situated Hispanic colleague, MOISES HERNANDO. 

66. JUAN RODRIGUEZ (Electrical Engineer) had an annual salary approximately 

20% less than his two similarly situated non-Hispanic colleagues, Matthew Frahm and Devin 

Gulley (Mechanical Engineers). The non-Hispanic employees receive a salary 22% greater than 

their similarly situated Hispanic peer.

67. RAUL REMIGI (Service Engineer) had an annual salary of 9% less than his nonHispanic similarly situated colleague, David Rhoten (also a Service Engineer). 

68. MOISES ESQUIVEL (Sales Manager), before being fired without cause during 

the week of January 17, 2020, had an annual salary $20,000; $10,000; and $6,000 less than his 

non-Hispanic Sales Manager peers, respectively, Chris Neilsen, Tom Devonshire, and Paul

Lavenberg.

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69. On average, a non-Hispanic sales manager was paid nearly 10% more than the 

company’s only Hispanic sales manager.

70. The salary differential between Hispanic and non-Hispanic employee 

compensation was across-the-board. 

71. As a result of Mr. Ammann’s intentional discrimination, Mr. Radi was left 

unemployed for over two years, despite continuous diligent efforts to obtain employment. 

Ultimately, he obtained new employment in January, 2022, for reduced compensation.

COUNT I:

DISCRIMINATION BASED ON ETHNICITY OR NATIONAL ORIGIN UNDER THE 

CIVIL RIGHTS ACT, 42 U.S.C.A. §§ 2000e ET SEQ. (Title VII)

72. Plaintiff repeats and incorporates by reference the allegations set for in Paragraphs 

1-71 as though fully set forth here. 

73. The Civil Rights Acts prohibits employers from discriminating against employees 

based on their race, ethnicity, or national origin. 

74. Defendant discriminated against Plaintiff, who is of Colombian national origin and 

Hispanic ethnicity, when it fired him in accordance with the company’s repeated announced 

directives by high level executives to not employ people of Hispanic national origin. 

75. In doing so, Defendant acted maliciously and in reckless indifference to Plaintiff’s 

right to be free from discrimination based on national origin or ethnicity.

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76. As a result of Defendant’s discriminatory conduct, Plaintiff is entitled to damages, 

in an amount to be determined at trial, including but not limited to past and future lost wages, 

and compensation for his past and future emotional distress.

COUNT II: 

DISCRIMINATION BASED ON ETHNICITY OR NATIONAL ORIGIN UNDER THE 

FLORIDA CIVIL RIGHTS ACT OF 1992 § 760.01, ET SEQ., FLORIDA STATUTES

77. Plaintiff repeats and incorporates by reference the allegations set forth in Paragraphs 

1 - 71 as though fully set forth here. 

78. Plaintiff brings claims for unlawful discrimination on the basis of ethnicity and 

national original under § 760.01, et seq., Florida Statutes, (the “Florida Civil Rights Act of 1992” 

or “FCRA”). 

79. The FCRA prohibits employers prohibits employers from discriminating against 

employees based on their race, ethnicity, or national origin.

80. Defendant discriminated against Plaintiff, who is of Colombian national origin and 

Hispanic ethnicity, when it fired him in accordance with the company’s repeated announced 

directives by high level executives to not employ people of Hispanic national origin. 

81. In doing so, Defendant acted maliciously and in reckless indifference to Plaintiff’s 

right to be free from discrimination based on national origin or ethnicity.

82. As a result of Defendant’s discriminatory conduct, Plaintiff is entitled to damages, 

in an amount to be determined at trial, including but not limited to past and future lost wages, and 

compensation for his past and future emotional distress.

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COUNT III: 

RETALIATION UNDER THE CIVIL RIGHTS ACT, 

42 U.S.C.A. §§ 2000e ET SEQ. (Title VII)

83. Plaintiff repeats and incorporates by reference the allegations set for in 

Paragraphs 1-71 as though fully set forth here. 

84. Title VII, 42 U.S.C.A § 2000e-3(a), prohibits employers from discriminating 

against employees because the individual has opposed an unlawful employment practice under 

Title VII.

85. Plaintiff opposed Defendant’s policy of discriminating against Hispanic job 

applicants and employees. 

86. Ammann fired Plaintiff for opposing its unlawful practice of discriminating 

against Hispanic job applicants and employees.

87. As a result of Defendant’s discriminatory conduct, Plaintiff is entitled to damages, 

in an amount to be determined at trial, including but not limited to past and future lost wages, 

and compensation for his past and future emotional distress. 

COUNT IV: 

RETALIATION UNDER THE FLORIDA CIVIL RIGHTS ACT OF 1992 

88. Plaintiff repeats and incorporates by reference the allegations set for in 

Paragraphs 1-71 as though fully set forth here. 

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89. The Florida Civil Rights Act of 1992, § 760.10 (7) prohibits employers from 

discriminating against employees because the individual has opposed an unlawful employment 

practice under the Act. 

90. Plaintiff opposed Defendant’s policy of discriminating against Hispanic job 

applicants and employees. 

91. Ammann fired Plaintiff for opposing its unlawful practice of discriminating 

against Hispanic job applicants and employees.

92. As a result of Defendant’s discriminatory conduct, Plaintiff is entitled to damages, 

in an amount to be determined at trial, including but not limited to past and future lost wages, 

and compensation for his past and future emotional distress. 

COUNT V: 

HOSTILE WORK ENVIORNMENT DISCRIMATION UNDER THE CIVIL RIGHTS 

ACT, 42 U.S.C.A. §§ 2000e ET SEQ. (Title VII)

93. Plaintiff repeats and incorporates by reference the allegations set for in Paragraphs

1-71 as though fully set forth here. 

94. The Civil Rights Act prohibits discrimination resulting from a hostile work 

environment. 

95. Plaintiff is a member of a protected class, namely he is an individual discriminated 

against based on his national origin, i.e., that he is Colombian and of Hispanic ethnicity.

96. Plaintiff was subjected to inappropriate and unwelcome conduct directed at 

individuals of Hispanic national origin. 

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97. Ammann’s workplace was permeated with discriminatory conduct, intimidation, 

ridicule, and insult, that was sufficiently severe or pervasive to alter the conditions of the victim's 

employment and create an abusive working environment.

98. Mr. Radi’s supervisors’ discriminatory conduct occurred within the scope of their 

employment and under the supervision of Ammann.

99. As a result of Defendant’s discriminatory conduct, Plaintiff is entitled to damages, 

in an amount to be determined at trial, including but not limited to past and future lost wages, and 

compensation for his past and future emotional distress. 

COUNT VI: 

HOSTILE WORK ENVIORNMENT DISCRIMATION UNDER THE FLORIDA CIVIL 

RIGHTS ACT OF 1992 

100. Plaintiff repeats and incorporates by reference the allegations set for in Paragraphs

1-71 as though fully set forth here. 

101. The Florida Civil Rights Act of 1992 prohibits discrimination resulting from a 

hostile work environment. 

102. Plaintiff is a member of a protected class, namely he is an individual discriminated 

against based on his national origin, i.e., that he is Colombian and of Hispanic ethnicity.

103. Plaintiff was subjected to inappropriate and unwelcome conduct directed at 

individuals of Hispanic national origin. 

104. Ammann’s workplace was permeated with discriminatory conduct, intimidation, 

ridicule, and insult, that was sufficiently severe or pervasive to alter the conditions of the victim's 

employment and create an abusive working environment.

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: 

21 

105. Mr. Radi’s supervisors’ discriminatory conduct occurred within the scope of their 

employment and under the supervision of Ammann.

106. As a result of Defendant’s discriminatory conduct, Plaintiff is entitled to damages, 

in an amount to be determined at trial, including but not limited to past and future lost wages, and 

compensation for his past and future emotional distress. 

WHEREFORE, Plaintiff, IVAN RADI, requests that judgment be entered by this Court in 

his favor against Defendant and providing the following relief: 

A. Finding the acts and practices complained of are in violation of the Civil Rights Act, 

and the Florida Civil Rights Act. 

B. Awarding Plaintiff damages caused by Defendant’s acts described above, including but 

not limited to compensatory and punitive damages, front pay, back pay, costs, and 

attorney’s fees and costs. 

C. Awarding Plaintiff interest, including prejudgment and post-judgment interest on the 

above mentioned sums.

D. Awarding such other and further relief as the court deems equitable, just, and proper. 

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

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: 

22 

November 14, 2022 

 /s/ Jed R. Friedman 

 Jed R. Friedman

 Florida Bar No. 337500 

 JED R. FRIEDMAN, P.A.

 25 SE 2nd Avenue, Suite 716 

 Miami, FL 33131 

 305/375-0808 

 friedmanlawfirm@gmail.com

 

 

 

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EEOC Form 161-B (01/2022) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NOTICE OF RIGHT TO SUE (ISSUED ON REQUEST)

To: Mr. Ivan Radi

c/o Jed R. Friedman, P.A., 25 SE 2nd Ave., Suite 716

MIAMI, FL 33131

From: Miami District Office

100 SE 2nd St, Suite 1500

Miami, FL 33131

EEOC Charge No. EEOC Representative Telephone No.

510-2020-00709 Luis Olivares,

Investigator 

786-648-5816

(See also the additional information enclosed with this form.)

NOTICE TO THE PERSON AGGRIEVED:

Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Genetic Information Nondiscrimination 

Act (GINA): This is your Notice of Right to Sue, issued under Title VII, the ADA or GINA based on the above-numbered charge. It has 

been issued at your request. Your lawsuit under Title VII, the ADA or GINA must be filed in a federal or state court WITHIN 90 DAYS 

of your receipt of this notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a claim under 

state law may be different.)

More than 180 days have passed since the filing of this charge.

The EEOC is terminating its processing of this charge.

Equal Pay Act (EPA): You already have the right to sue under the EPA (filing an EEOC charge is not required.) EPA suits must be brought 

in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay due for 

any violations that occurred more than 2 years (3 years) before you file suit may not be collectible.

If you file suit, based on this charge, please send a copy of your court complaint to this office.

On behalf of the Commission

Digitally Signed By:Roberto Chavez

08/16/2022

Enclosures(s) Roberto Chavez

Acting Director

cc: David Steffen

CONSTANGY, BROOKS,SMITH & PROPHETE, LLP

100 N. Tampa Street, Suite 3350

Tampa, FL 33601

Lieven Van Broekhoven

AMMAN AMERICA, INC.

1125 SW 101st Rd

PLANTATION, FL 33324

Jed Friedman

JED R. FRIEDMAN, P.A.

25 SE 2nd Avenue Suite 716

MIAMI, FL 33131 

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EXHIBIT "I"

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