E. Order Defendant to pay Michael Brooks punitive damages for its malicious and reckless
conduct described in paragraphs nine (9) through sixteen (16) above, in amounts to be

determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.

G. Award the Commission its costs of this action.


17. The effect of the practices complained of in paragraphs nine (9) through sixteen (16)
above has been to deprive Michael Brooks of equal employment opportunities and otherwise
adversely affect his status as an employee because of his race, black.

18. The unlawful employment practices complained of above were intentional.

19. The unlawful employment practices complained of above were done with malice or with
reckless indifference to the federally-protected rights of Michael Brooks.

PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Titan Waste, its officers, agents, servants,
employees, attorneys, and all persons in active concert or participation with them, from engaging
in discrimination based on race, including preventing harassment based on race.

B. Order Defendant to institute and carry out policies, practices, and programs which
provide equal employment opportunities for black employees, and which eradicate the effects of
their past and present unlawful employment practices.

C. Order Defendant to make whole Michael Brooks by providing compensation for past and
future pecuniary losses resulting from the unlawful employment practices complained of in
paragraphs nine (9) through sixteen (16) above, including, but not limited to, any relocation
expenses, job search expenses, medical expenses, in amounts to be determined at trial.

D. Order Defendant to make whole Michael Brooks by providing compensation for past and
future nonpecuniary losses resulting from the unlawful practices complained of above in
paragraphs nine (9) through sixteen (16) above, including, but not limited to, emotional pain,
suffering, inconvenience, loss of enjoyment of life, humiliation, and other non-pecuniary losses

in amounts to be determined at trial.


JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
RESPECTFULLY SUBMITTED,

P. DAVID LOPEZ
General Counsel

JAMES L. LEE
Deputy General Counsel

GWENDOLYN YOUNG REAMS
Associate General Counsel

U.S. Equal Employment
Opportunity Commission

131 M Street, N.E.

Washington, D.C. 20507

C. EMANUEL SMITH
Regional Attorney
Mississippi Bar # 7473

JULIE BEAN

Supervisory Trial Attorney
D.C. Bar # 433292
Birmingham District Office
Ridge Park Place, Suite 2000
1130 22nd Street South
Birmingham, AL 35205
(205) 212-2045

(205) 213-204

AARRIN G9LSON \
Trial Ai ey

FL Bar # 892491

Equal Employment Opportunity
Commission

Miami District Office

One Biscayne Tower

2 S. Biscayne Blvd., Suite 2700
Miami, Florida 33131
(305)808-1873

(305)808-1835

aarrin.golson@eeoc.gov



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

Plaintiff,
CIVIL ACTION NUMBER:

COMPLAINT

TITAN WASTE SERVICES, INC.

WITH JURY DEMAND
Defendant.

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Need

NATURE OF THE 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 employment practices on the basis of race (black) and to
provide appropriate relief to Michael Brooks who was adversely affected by such practices. As
alleged with greater particularity in paragraphs nine (9) through sixteen (16) below, the Equal
Employment Opportunity Commission alleges that Titan Waste Services, Inc., (“Defendant” or
“Titan Waste”) subjected Michael Brooks (“Brooks”) to discrimination in the form of disparate
treatment in the terms and conditions of employment, racial harassment and discharge from

employment because of race.


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) and Section 102 of
the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the jurisdiction
of the United States District Court for the Northern District of Florida, Pensacola Division.

PARTIES

3. Plaintiff, the U.S. Equal Employment Opportunity Commission (the “Commission”), 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. Atall relevant times, Defendant Titan Waste Services, Inc., a Florida corporation has
continuously been doing business in the State of Florida and the City of Milton, and has
continuously had at least 15 employees.

5. Atall relevant times, Titan Waste has continuously been an employer engaged in an
industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42
USS.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Michael Brooks filed a

charge with the Commission alleging violations of Title VII by Defendant Titan Waste.

7. Allconditions precedent to the institution of this lawsuit have been fulfilled.


8. Since at least October, 2008, Titan Waste has engaged in unlawful employment practices
at its Milton, Florida location, in violation of Section 703(a) of Title VII, 42 U.S.C. §2000e-2(a)
and 2000e-3(a).

9. The practices include disparate terms and conditions of employment, racial harassment,
and discharge of Michael Brooks (“Brooks”) because of his race, Black.

10. The racial harassment included, but was not limited to, the use of racial slurs and racially
derogatory insults and language by the highest level managers at the Milton facility. The
harassment included taunting, the use of racial stereotypes, derogatory race descriptions and the
use of the “N” word.

11. The unlawful racial harassment was unwelcome and occurred with the full knowledge of
Defendant's supervisory personnel but Defendant failed to exercise reasonable care to prevent
and/or correct promptly any racially harassing behavior.

12. Throughout the course of his employment, Brooks was subjected to disparate terms and
conditions of employment than similarly situated white employees. The disparity in terms and
conditions affected uniforms, assignments, and pay.

13. Titan Waste provided uniforms to its employees for use during the work day, but did not
provide uniforms to Brooks and the other black employee.

14. Titan Waste preferred white employees in route assignments and use of company
vehicles, including taking the vehicle normally assigned Brooks for use by other drivers.

15. Titan Waste compensated white drivers differently than Brooks, the sole black driver
and preferred white drivers in terms of decisions affecting pay.

16. On or about October 30, 2008, Titan Waste terminated Brooks because of his race and
as part of the continuing harassment. Brooks was the only driver terminated at that time by Titan

Waste and was not terminated for cause.