IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
Deborah Krusz,
Plaintiff,
vs. Case No:
Sears, Roebuck and Co.,
Defendant.
_____________________________________/
COMPLAINT
AND
DEMAND FOR JURY TRIAL
GENERAL ALLEGATIONS
1. The unlawful employment practices alleged below were committed within Brevard County, Florida.
2. This is an action for damages in excess of Fifteen Thousand ($15,000) dollars.
3. Plaintiff Deborah Krusz is a female over forty years of age.
4. Defendant is an employer as defined in the applicable statute.
5. Defendant employed Plaintiff on or about December 1999.
6. Plaintiff was employed as a sales person within Sears’ Brand Central department at its Merritt Island store.
7. Plaintiff performed her duties at all times in a professional and competent manner.
8. Plaintiff’s supervisor engaged in a pattern of discrimination against Plaintiff on the basis of Plaintiff’s sex.
9. Plaintiff reported the discriminatory behavior, to which she was subjected, to supervisory and management officials.
10. The acts of discrimination by Defendant against Plaintiff, included but are not limited to the following:
A. Allowing male sales persons unfair selling advantages
B. Subjecting Plaintiff’s work and sales practices to greater scrutiny.
C. Suspending Plaintiff for minor infractions that are routinely committed by males sales persons without reprisal.
D. Deducting Plaintiff’s commissions for minor infractions that are routinely committed by male sales persons without any similar deductions.
E. Adding additional sales persons to the Sunday schedule when Plaintiff is scheduled to work thereby diluting Plaintiff’s potential sales opportunities and commissions.
11. The discriminatory treatment was motivated by the intent of the Defendant to discriminate against Plaintiff on the basis of her sex.
12. Plaintiff has retained the undersigned attorneys and has agreed to pay a reasonable fee.
13. Plaintiff has exhausted her administrative remedies prior to bringing this action.
14. Plaintiff has complied with all conditions precedent prior to bringing this action.
COUNT ONE
SEX DISCRIMINATION
15. Plaintiff realleges and incorporates paragraphs 1 through 14 of this Complaint, as is set forth in full herein.
16. This Court has jurisdiction under Chapter 760, Florida Statutes, which prohibits discrimination with regard to sex.
17. This is an action for sex discrimination in violation of Florida law.
18. The Plaintiff filed a charge of discrimination with and the Florida Commission on Human Relations in which she alleged discrimination due to her sex. A copy of her charge is attached hereto as Exhibit “A”.
19. More than one hundred and eighty (180) days have passed since Plaintiff filed her charge of discrimination with the Florida Commission on Human Relations. As of this date, the Florida Commission on Human Relations has made no findings or determination of any kind.
20. By subjecting Plaintiff to disparate treatment, as alleged in paragraphs 7 through 11 Defendant violated the provisions of Chapter 760, Florida Statutes, 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, national origin, age, handicap, or marital status.”
21. As a result of Defendant’s conduct, Plaintiff has suffered damages to her financial welfare by reason of Defendant’s discriminatory actions against Plaintiff.
22. As a result of Defendant’s conduct, Plaintiff suffered loss of self-esteem and emotional distress.
23. The violations of Plaintiff’s rights by Defendant were intentional, malicious and willful.
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 TWO
RETALIATION
24. Plaintiff realleges and incorporates paragraphs 1through 14 of this complaint as if set forth in full herein.
25. After Plaintiff filed her initial charges of discrimination, Plaintiff was assigned on the Sunday shifts to work with two sales persons instead of one sales person, which is the normal practice in this department and which resulted in diluted sales potential opportunities and commissions for Plaintiff.
26. Plaintiff filed a separate charge of discrimination with the Florida Commission on Human Relations in which she alleged that Defendant retaliated against her for making charges of sexual discrimination. A copy is attached hereto as Exhibit “B”.
27. Defendant failed to take remedial action in response to Plaintiff’s complaints regarding the sexual harassment, hostile work environment, and the retaliation to which Plaintiff was subjected.
28. 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.”
29. The violations of Plaintiff’s rights by Defendant were intentional, malicious and willful.
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.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED this _____day of May, 2002.
________________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
W. John Gadd, Esquire
Florida Bar No. 0463061
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
