IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
RAUL FLORES,
Plaintiff,
v. CASE NO.:
LOCKHEED MARTIN CORPORATION,
Defendant.
_________________________________ /
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, RAUL FLORES, by and through his undersigned counsel, sues Defendant, LOCKHEED MARTIN CORPORATION and alleges as follows:
1. This is an action for damages that exceed $15,000.00, exclusive of costs, interest, and attorney’s fees.
2. The unlawful employment practices alleged below were committed within Brevard County, Florida.
3. Plaintiff is a 65-year-old male who resides in Brevard County, Florida, and has at all times material herein, resided in Brevard County, Florida.
4. Defendant, LOCKHEED MARTIN CORPORATION is located in Brevard County, Florida and at the time of the acts complained of herein, employed 15 or more persons.
5. Plaintiff FLORES is a Hispanic male of Mexican decent.
6. Plaintiff has retained the undersigned attorney and agreed to pay a
reasonable fee.
7. On October 17, 2002 Plaintiff filed a claim with the Florida Commission on Human Relations (attached hereto as Exhibit “A”) alleging discrimination based on race, national origin, and age as well as retaliation. More than one hundred eighty (180) days have passed since the filing of said complaint, and the Florida Commission on Human Relations has not entered a determination on Plaintiff’s claim.
8. On October 17, 2002 Plaintiff filed a claim with the Equal Employment Opportunity Commission (attached hereto as Exhibit “B”) alleging discrimination based on race, national origin, and age, as well as retaliation. More than one hundred eighty (180) days have passed since the filing of said complaint, and the Florida Commission on Human Relations has not entered a determination on Plaintiff’s claim.
9. On February 28, 2003, the EEOC sent a Dismissal and Notice of Rights to the Plaintiff. (A copy of Plaintiff’s EEOC Dismissal and Notice of Rights is attached hereto and incorporated herein as Exhibit “C”.)
10. Plaintiff has exhausted his administrative remedies prior to bringing this action.
11. Plaintiff has complied with all conditions precedent prior to bringing this action.
COUNT I – AGE DISCRIMINATION
STATE CLAIM
12. This is an action for damages for age discrimination in violation of Chapter 760, Florida Statutes, the Florida Civil Rights Act.
13. Plaintiff realleges and incorporates Paragraphs 1 through 7 and 10 through 11 of this Complaint as if set forth in full herein.
14. Plaintiff was hired by Defendant in 1974 and worked for 27 years for Defendant until May 1, 2002.
15. Plaintiff was harassed on a daily basis regarding when he was going to retire by his supervisors and co-workers since approximately 1997.
16. Plaintiff started receiving low marks and minimal raises on his Salary Performance Appraisals in 1997.
17. At all times during his employment with Defendant, Plaintiff performed all duties assigned to him in a professionally competent manner, faithfully followed all instructions given to him by his supervisors, and abided by all the rules and regulations of Defendant.
18. Plaintiff has suffered and continues to suffer grave and severe damage to his financial welfare and his career due to Defendant’s unlawful and discriminatory actions against Plaintiff.
19. Plaintiff has suffered severe mental anguish and emotional distress as a result of Defendant’s actions.
20. As a result of the age discrimination perpetrated by Defendant, Plaintiff has lost income from his job, has been denied career opportunities and has sustained emotional damages in the form of mental anguish and loss of dignity.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, but not limited to:
A. Judgement for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
C. Punitive damages;
D. An award of reasonable attorney’s fees and all costs incurred herein; and
E. All other damages to which Plaintiff may be entitled.
COUNT II – AGE DISCRIMINATION
FEDERAL CLAIM
21. Plaintiff realleges and incorporates Paragraphs 1 through 6 and 8 through 20 of this Complaint as if set forth in full herein.
22. Jurisdiction of this action is founded upon 29 USC Sec. 626(b)(c); 29 USC Sec. 217; and 29 USC Sec. 216(b).
23. At all times material hereto, Defendant LOCKHEED was engaged in an industry affecting commerce and had twenty (20) or more employees for each working day in each of twenty (20) or more calendar weeks in the then current or preceding calendar year. Said Defendant was and is therefore an employer within the meaning of Section 11(b) of the ADEA 29 USC Sec. 630(b).
24. The discrimination of Plaintiff was motivated by the intent of Defendant LOCKHEED to discriminate against Plaintiff on the basis of his age.
25. In its discrimination of Plaintiff, the Defendant LOCKHEED discriminated against Plaintiff on the basis of his age.
26. By discriminating the Plaintiff, Defendant LOCKHEED violated the provisions of 29 USC Section 623(a)(1), which makes it unlawful for an employer “to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.”
27. Proximately, directly and as a result of Defendant LOCKHEED discriminating against Plaintiff on account of his age, Plaintiff has suffered damages consisting of loss of salary and other compensation.
28. The conduct of Defendant LOCKHEED complained of herein was willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff and accordingly, Plaintiff is entitled to recover statutory liquidated damages from the Defendant LOCKHEED.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, but not limited to:
A. Judgement for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Statutory Liquidated Damages
C. An award of reasonable attorney’s fees and all costs incurred herein; and
D. All other damages to which Plaintiff may be entitled.
COUNT III – RACE & NATIONAL ORIGIN HARASSMENT
STATE CLAIM
29. Plaintiff realleges and incorporates paragraphs 1 through 6 and 8 through 20 of this Complaint as if set forth in full herein.
30. This action is brought pursuant to Chapter 760, Florida Statutes.
31. The Defendant discriminated against and harassed Plaintiff on the basis of his race and national origin in the following manner: Plaintiff’s lead sent e-mails to Plaintiff and other employees, which ridiculed minorities. Plaintiff’s lead would also mimic and make fun of Plaintiff by speaking to him with a Mexican accent.
32. In its disparate treatment of Plaintiff, the Defendant discriminated against Plaintiff on the basis of his race and national origin.
33. Defendant violated the provisions of Section 760.10(1), Florida Statutes, which makes it unlawful for an employer to discharge or fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race.
34. Plaintiff has been deprived of benefits which were afforded to Caucasian employees but denied to Mexican employees, has been deprived of his job because he was forced to retire, and Plaintiff has suffered mental anguish, loss of dignity and emotional pain and suffering from the harassment perpetrated by the supervisory personnel at LOCKHEED.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, but not limited to:
A. Judgement for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
C. Punitive damages;
D. An award of reasonable attorney’s fees and all costs incurred herein; and
E. All other damages to which Plaintiff may be entitled.
COUNT IV – RACE & NATIONAL ORIGIN DISCRIMINATION
FEDERAL CLAIM
35. Plaintiff restates and incorporates herein the allegations in paragraphs numbered 1 through 6, 8 through 20 and 31 to 34 above, inclusive, as if the same were fully set forth hereafter.
36. At all times material hereto, Defendant was an employer within the meaning of 42 U.S.C. §2000(b) and is subject to and governed by the provisions of Title VII of the Civil Rights Act of 1964, 42. U.S.C. §2000e, et seq.
37. At all times material hereto, Plaintiff was an employee within the meaning of 42 U.S.C. §2000(f).
38. Defendant, its agents, servants and/or employees, by their conduct herein alleged, intentionally, willfully and without justification, did deprive the Plaintiff of his rights, privileges and immunities secured to him by the laws of the United States, particularly his right to be free from racial and national origin discrimination and a hostile work environment and his rights as provided by Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. §2000e, et seq.
39. Plaintiff, by being subjected to the racially intimidating, hostile, and offensive atmosphere created by Defendant, was unreasonably affected in a “term, condition or privilege” of his employment as envisioned by 42 U.S.C. §2000e, et seq., and as amended by the Civil Rights Act of 1991, in that: (a) Plaintiff’s physical and psychological well-being was affected; and (b) the workplace was hostile.
40. The racially hostile and race-biased environment to which Plaintiff was subjected was based on his being Hispanic and of Mexican decent.
41. As a direct, natural, proximate and foreseeable result of the Defendant’s actions, Plaintiff has suffered past and future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, loss of dignity and other non-pecuniary losses and intangible injuries.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, but not limited to:
A. Judgement for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
C. Punitive damages;
D. An award of reasonable attorney’s fees and all costs incurred herein; and
E. All other damages to which Plaintiff may be entitled.
COUNT V — RETALIATION
STATE CLAIM
42. This is an action for damages for violation of Chapter 760, Florida Statutes, the Florida Civil Rights Act.
43. Plaintiff realleges and incorporates paragraphs 1 through 7 and 10 through 11 of this Amended Complaint as if set forth in full herein.
44. On or about September 5, 2001 and September 6, 2001, Plaintiff made a written complaint of national origin and age discrimination to Defendant .
45. Subsequent to submitting a written complaint of national origin and age discrimination to Defendant and because Plaintiff submitted a written complaint of national origin and age discrimination, Plaintiff has experienced retaliation by Defendant which included: Plaintiff being assigned to a Lead who was responsible for harassing Plaintiff on the basis of his age, race and national origin and the Lead continued to harass Plaintiff on a discriminatory as well as a retaliatory basis.
46. The acts alleged in this Complaint constitute a violation of Section 760.10(7), Florida Statutes, “It is an unlawful employment practice for an employer…to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted in any manner in an investigation, proceeding, or hearing under this section.”
47. Defendant’s actions as described in paragraph 46, supra, constitute a violation of Section 760.10, Florida Statutes, which makes it unlawful for an employer to “discriminate against any person because that person has opposed any practice which is an unlawful employment practice or because that person has made a charge [of discrimination pursuant to Section 760.10, Florida Statutes]”
48. As a result of retaliation perpetrated by Defendant against Plaintiff for filing charges of race and age discrimination, Plaintiff has sustained emotional damages in the form of severe mental anguish, emotional distress and loss of dignity and was force to resign from his position due to the actions of Defendant.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, but not limited to:
A. Judgement for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
C. Punitive damages;
D. An award of reasonable attorney’s fees and all costs incurred herein; and
E. All other damages to which Plaintiff may be entitled.
COUNT VI — RETALIATION
FEDERAL CLAIM
49. This is an action for damages for violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-2, and the Age Discrimination in Employment Act, 29 U.S.C. Section 621 et seq.
50. Plaintiff realleges and incorporates paragraphs 1 through 6, 8 through 11 and 45 to 46 of this Complaint as if set forth in full herein.
51. The actions described in paragraph 76 constitute retaliation and a violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-2, regarding unlawful employment practices.
52. Defendant’s actions as described in paragraph 76, constitute a violation of the Age Discrimination in Employment Act, 29 U.S.C. Section 621 et seq., which makes it unlawful for an employer to “discriminate against any of [its] employees because such individual has opposed any practice made unlawful [by the ADEA], or because such individual has made a charge [of discrimination under the ADEA]”.
53. Plaintiff has suffered severe mental anguish and emotional distress and loss of dignity as a result of Defendant’s actions.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, but not limited to:
A. Judgement for back pay, front pay, expenses incurred by Plaintiff in his job search, and loss of benefits, including, but not limited to, all money paid for health benefits and loss of vacation entitlement;
B. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
C. Punitive damages;
D. An award of reasonable attorney’s fees and all costs incurred herein; and
E. All other damages to which Plaintiff may be entitled.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED this _____day of May 2003.
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
Wayne L. Allen & Associates, P.A.
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Maurice Arcadier
Status: Closed
Date Filed: 05/28/2003
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.
