UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FT. PIERCE DIVISION
VERONICA CROSDALE,
Plaintiff, VS. Case No.
INDIAN RIVER MEMORIAL HOSPITAL, INC.,
Defendant.
________________________________________/
COMPLAINT
AND
DEMAND FOR JURY TRIAL
Plaintiff, Veronica Crosdale, by and through her undersigned counsel, sues Defendant, Indian River Memorial Hospital, Inc. and alleges the following:
General Allegations:
1. The unlawful employment practices alleged below were committed within
Indian River County, Florida and within the jurisdiction of the U.S. District Court for the Southern District of Florida.
2. Plaintiff is African-American.
3. Defendant is an employer as defined in the applicable statute.
4. Defendant employed Plaintiff on or about January, 1998 .
5. Plaintiff was employed as a registered nurse with Indian River Memorial
Hospital, Inc. for a period of approximately two years. Plaintiff worked for the Defendant in
a part time capacity on a per diem basis.
6. Plaintiff performed her duties at all times in a professional and competent
manner.
7. Plaintiff’s supervisor engaged in a pattern of discrimination against Plaintiff
on the basis of Plaintiff’s race and color.
8. Plaintiff reported the discriminatory behavior to which she was subjected to
supervisory and management officials within the Indian River Memorial Hospital. In addition, Plaintiff reported this discriminatory behavior to the Director of Human Resources and to others in the Human Resources Department.
9. The acts of discrimination by Defendant against Plaintiff, included but are not
limited to the following:
A. Applying scheduling opportunities for per diem work as a registered nurse in a discriminatory manner with a preference for white nurses over Plaintiff.
B. Refusing to meet with Plaintiff over scheduling concerns, without an appointment as a prerequisite, which was not required of white nurses.
C. Refusing to schedule Plaintiff for per diem work when such work was readily available and regularly assigned to white nurses after Plaintiff had brought scheduling concerns to the attention of her Supervisor. White nurses who similarly complained of scheduling concerns were immediately given work after expressing their complaints.
10. The refusal to schedule Plaintiff for work as a registered nurse on a per diem
basis was motivated by the intent of the Defendant to discriminate against Plaintiff on the basis or her race and age.
11. Plaintiff has retained the undersigned attorney and agreed to pay him a
reasonable fee.
12. Plaintiff has exhausted her administrative remedies prior to bringing this
action.
13. Plaintiff has complied with all conditions precedent prior to bringing this
action.
COUNT I
FEDERAL RACE DISCRIMINATION
14. Plaintiff realleges and incorporates paragraphs 1 through 13 of this Complaint, as is set forth in full herein.
15. This Court has jurisdiction under Title VII, 42 U.S.C. Section 2000(e)-2, which prohibits discrimination with regard to race.
16. This is an action for race discrimination in violation of Federal law.
17. The Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission in which she alleged discrimination due to her race and age. A copy of her charges is attached hereto as Exhibit “A.”
18. Plaintiff received a Dismissal and Notice of Rights authorization from the Equal Employment Opportunity Commission and this action is brought within 90 days of receipt of said notice. A copy of the Dismissal and Notice of Rights is attached as Exhibit “B.”
19. By refusing to schedule Plaintiff for work as a registered nurse on a per diem basis, Defendant violated the provisions of 42 U.S.C. Section 2000(e)-2 which makes it unlawful for an employer “to discriminate against any individual with respect to his compensation, terms, conditions, or privileges or employment, because of such individuals race, color, religion, sex, or national origin.”
20. As a result of Defendant’s conduct, Plaintiff has suffered damages to her
financial welfare and her employment prospects, by reason of Defendant’s discriminatory actions against Plaintiff.
21. As a result of Defendant’s conduct, Plaintiff suffered loss of self-esteem and
emotional distress.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which she may be entitled, including, without limitation:
A. An Order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice.
B. Back pay.
C. Front pay.
D. Compensatory damages, including but not limited to emotional pain,
suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses.
E. Punitive damages
F. Reasonable attorney fees and costs of this action.
G. Such other damages to which Plaintiff may be entitled.
COUNT II
FLORIDA RACE DISCRIMINATION
22. Plaintiff realleges and incorporates paragraphs1through 13 of this Complaint,
as if set forth in full herein.
23. This is an action for violation of the Florida Civil Rights Act, Chapter 760,
Florida Statutes.
24. This Court has supplemental jurisdiction over the action under 28 U.S.C.
Section 1367.
25. Plaintiff filed a Charge of Discrimination with the Florida Commission on
Human Relations. A copy of the charge form is attached as Exhibit “C.” More that 180 days have expired since the filing of said charges and the Florida Commission on Human Relations has not issued its’ determination.
26. The conduct of the Defendant was willful, malicious, oppressive and in complete disregard of the rights of the Plaintiff
27. This action is brought to secure to Plaintiff the benefits of the Florida Civil Rights Act, Chapter 760, Florida Statutes, which makes it unlawful to discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment due to their race or color.
28. The refusal to schedule Plaintiff for work as a registered nurse on a per diem basis was motivated by the intent of the Defendant to discriminate against Plaintiff on the basis or her race and color.
29. By refusing to schedule Plaintiff for work as a registered nurse on a per diem
basis, Defendant violated the provisions of the Florida Civil Rights Act which makes it unlawful for an employer to discriminate on the basis of race.
30. As a result of Defendant’s conduct, Plaintiff has suffered damages to her
financial welfare and his employment prospects, by reason of Defendant’s discriminatory actions against Plaintiff.
31. As a result of Defendant’s conduct, Plaintiff suffered loss of self-esteem and
emotional distress.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which she may be entitled, including, without limitation:
A. An Order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice.
B. Back pay.
C. Front pay.
D. Compensatory damages, including but not limited to mental anguish, loss of dignity, and any other intangible injuries.
E. Punitive damages.
F. Reasonable attorney fees and costs of this action.
G. Such other damages to which Plaintiff may be entitled.
COUNT III
FEDERAL AGE DISCRIMINATION
32. Plaintiff reincorporates and realleges paragraphs 1 through 13.
33. This Court has jurisdiction upon 29 U.S.C. Sec. 626(b),(c); 29 U.S.C. Sec. 217; and 29 U.S.C. Sec. 216(b), which prohibits discrimination with regard to age.
34. This is an action for age discrimination in violation of Federal law, the Age Discrimination In Employment Act (ADEA).
35. By refusing to schedule Plaintiff for work as a registered nurse on a per diem basis, Defendant violated the provisions of 29 U.S.C. 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.”
36. As a result of Defendant’s conduct, Plaintiff has suffered damages to her financial welfare and his employment prospects, by reason of Defendant’s discriminatory actions against Plaintiff.
37. As a result of Defendant’s conduct, Plaintiff suffered loss of self-esteem and
emotional distress.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which she may be entitled, including, without limitation:
A. An Order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice.
B. Back pay.
C. Front pay.
D. Liquidated damages.
E. Reasonable attorney fees and costs of this action.
F. Such other damages to which Plaintiff may be entitled.
COUNT IV
FLORIDA AGE DISCRIMINATION
38. Plaintiff realleges and incorporates therein paragraphs 1 through 13.
39. This is an action for violation of the Florida Civil Rights Act, Chapter 760,
Florida Statues.
40. This Court has supplemental jurisdiction over the action under 28 U.S.C.
Section 1367.
41. Plaintiff filed a Charge of Discrimination with the Florida Commission on
Human Relations. A copy of this charge form is attached as Exhibit “C.” More than 180 days have expired since the filing of said charge and the Florida Commission on Human Relations has not issued a determination.
42. The conduct of the Defendant was willful, malicious, oppressive and in complete disregard of the rights of the Plaintiff
43. This action is brought to secure to Plaintiff the benefits of the Florida Civil Rights Act, Chapter 760, Florida Statutes, which makes it unlawful to discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment due to their age and or race or color.
44. The refusal to schedule Plaintiff for work as a registered nurse on a per diem basis was motivated by the intent of the Defendant to discriminate against Plaintiff on the basis of her age.
45. By refusing to schedule Plaintiff for work as a registered nurse on a per diem basis, Defendant violated the provisions of the Florida Civil Rights Act which makes it unlawful for an employer to discriminate on the basis of age
46. As a result of Defendant’s conduct, Plaintiff has suffered damages to her financial welfare and her employment prospects, by reason of Defendant’s discriminatory actions against Plaintiff
47. As a result of Defendant’s conduct, Plaintiff has suffered damages to her
financial welfare and her employment prospects, by reason of Defendant’s discriminatory actions against the Plaintiff.
48. As a result of Defendant’s conduct, Plaintiff suffered loss of self-esteem and
emotional distress.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which she may be entitled, including, without limitation:
A. An Order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice.
B. Back pay.
C. Front pay.
H. Compensatory damages, including but not limited to mental anguish, loss of dignity, and any other intangible injuries.
I. Punitive damages.
J. Reasonable attorney fees and costs of this action.
K. Such 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 December, 2000.
____________________________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
WAYNE L. ALLEN & ASSOCIATES, P.A.
Attorneys for Plaintiffs
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Mauricio Arcadier
Status: Closed
Date Filed: 12/20/2000
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.
