IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
SUZANNE L. HICKMAN
Case No. __________________________
Plaintiff,
-vs.-
JOHNSON MATTHEY
ELECTRONICS ASSEMBLY
SERVICES, INC.
Defendant.
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, SUZANNE L. HICKMAN, by and through her undersigned attorney, sues Defendant, JOHNSON MATTHEY ELECTRONICS ASSEMBLY SERVICES, INC. and alleges the following:
1. This action is brought pursuant to Chapter 760, Florida Statutes, to obtain relief for discrimination and retaliation committed by Defendant against Plaintiff.
2. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorney’s fees.
3. The unlawful practices alleged below were committed within Brevard County, Florida.
4. Plaintiff currently resides in Palm Bay, Brevard County, Florida, and at all times material hereto resided in Brevard County, Florida.
5. Defendant, JOHNSON MATTHEY ELECTRONICS ASSEMBLY SERVICES,
INC. is a Florida corporation.
6. Plaintiff was employed by Defendant, JOHNSON MATTHEY ELECTRONICS
ASSEMBLY SERVICES, INC. in the position of Controller.
7. At all times, Plaintiff performed all duties assigned to her in a professionally competent manner, faithfully followed all reasonable instructions given to her by her supervisors, and abided by all the rules and regulations of Defendant.
8. Plaintiff filed a claim with the Florida Commission on Human Relations on October 9, 1996 and a copy of said claim is attached hereto and incorporated herein as Exhibit “A”. More than one hundred eighty (180) days have expired since the filing of said claim.
9. Plaintiff has suffered and continues to suffer grave and severe mental anguish and emotional distress, severe damage to her financial welfare, her employment prospects, her reputation in the community in which she lives and among her professional peers and to her psychological and physical health by reason of Defendant’s discriminatory actions against Plaintiff.
10. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
11. Plaintiff has exhausted her administrative remedies prior to bringing this action.
12. Plaintiff has complied with all conditions precedent prior to bringing this action.
COUNT I
13. Plaintiff realleges and incorporates Paragraphs 1 through 12 of this Complaint as if set forth in full herein.
14. Defendant, JOHNSON MATTHEY ELECTRONICS ASSEMBLY SERVICES, INC. wrongfully discharged Plaintiff due to her age, on or about May 17, 1996.
15. At the time of her discharge, Plaintiff was forty-eight (48) years of age, having been born on April 22, 1948.
16. The termination of Plaintiff’s employment was motivated solely by the intent of Defendant, JOHNSON MATTHEY ELECTRONICS ASSEMBLY SERVICES, INC. to discriminate against Plaintiff on the basis of her age.
17. During the course of Plaintiff’s employment with Defendant, JOHNSON MATTHEY ELECTRONICS ASSEMBLY SERVICES, INC. she was the victim of discrimination in that she was subjected to disparate treatment in the compensation she received as compared to younger, similarly situated management employees.
18. By terminating Plaintiff’s employment, Defendant violated the provisions of Section 760.10(1)(a), 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, color, religion, sex, national origin, age, handicap, or marital status”.
19. Defendant willfully, knowingly, and intentionally discriminated against Plaintiff on the basis of her “age” in her compensation and in terminating Plaintiff. .
WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
A. Judgment for her back pay, including all sums of money Plaintiff would have earned, together with such other increases to which she would be entitled, had she not been discriminatorily discharged, and subjected to disparate treatment in her compensation, and interest thereon;
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. An award for expenses incurred by Plaintiff in her job search, all money paid for health benefits, all money paid for medical expenses and reinstatement of vacation entitlement.
D. All sums of money Plaintiff would have earned in the future, had she not been discriminatorily discharged (front pay);
E. Punitive damages.
F. An award of reasonable attorney’s fees and all costs incurred herein;
G. Such other and further relief as the Court deems proper.
COUNT II
20. Plaintiff realleges and incorporates Paragraphs 1 through 12 of this Complaint as if set forth in full herein.
21. Plaintiff was wrongfully discharged by Defendant due to her sex on or about May 17, 1996.
22. Plaintiff, a white female, was subjected to continuous sexual discrimination during the course of her employment by Defendant.
23. The sexual discrimination of Plaintiff by Defendant consisted of, but was not limited to, Plaintiff being treated differently than male counterparts in management, in regard to her compensation and other terms and conditions of her employment.
24. Plaintiff received in October, 1995 an increase in pay of only 2%, while male employees of Defendant received between 9% and 19% increases.
25. Plaintiff filed a formal claim with the Florida Commission on Human Relations on October 9, 1996 and more than one hundred eighty (180) days have expired since the filing of said claim, attached as Exhibit “A”.
26. Plaintiff has suffered and continues to suffer grave and severe mental anguish and emotional distress, severe damage to her financial welfare, her employment prospects, her reputation in the community in which she lives and among her professional peers and to her psychological and physical health by reason of Defendant’s discriminatory actions against Plaintiff.
27. Defendant willfully, knowingly, and intentionally discriminated against Plaintiff on the basis of her “sex”.
WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
A. Judgment for her back pay, including all sums of money Plaintiff would have earned, together with such other increases to which she would be entitled, had she not been discriminatorily discharged, and subjected to disparate treatment in her compensation, and interest thereon;
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. An award for expenses incurred by Plaintiff in her job search, all money paid for health benefits, all money paid for medical expenses and reinstatement of vacation entitlement.
D. All sums of money Plaintiff would have earned in the future, had she not been discriminatorily discharged (front pay);
E. Punitive damages.
F. An award of reasonable attorney’s fees and all costs incurred herein;
G. Such other and further relief as the Court deems proper.
COUNT III
28. Plaintiff realleges and incorporates paragraphs 1 through 12, of this Complaint as if set forth in full herein.
29. Plaintiff alleges that the decision to terminate Plaintiff was due to and is a result of retaliation by Defendant for Plaintiff’s filing of discrimination charges with the Florida Commission on Human Relations.
30. Plaintiff was discriminated against under Section 760.10(7), Florida Statutes, in that she was retaliated against for opposing a discriminatory act perpetrated by Defendant against Plaintiff.
31. Defendant JOHNSON MATTHEY ELECTRONICS ASSEMBLY SERVICES, INC., willfully, knowingly and intentionally retaliated against Plaintiff.
WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
A. Judgment for her back pay, including all sums of money Plaintiff would have earned, together with such other increases to which she would be entitled, had she not been subjected to retaliation, and interest thereon;
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. An award for expenses incurred by Plaintiff in her job search, all money paid for health benefits, all money paid for medical expenses and reinstatement of vacation entitlement.
D. All sums of money Plaintiff would have earned in the future, had she not been discriminatorily discharged (front pay);
E. Punitive damages.
F. An award of reasonable attorney’s fees and all costs incurred herein;
G. Such other and further relief as the Court deems proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED: This 23rd day of February, 1998.
Wayne L. Allen, Trial Counsel
Florida Bar No. 110025
Wayne L. Allen, P.A.
Attorney for Plaintiff
700 N. Wickham Road
Suite 107
Melbourne, Florida 32935
Phone: (407) 254-7550
Fax: (407) 242-1681
