UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MYRTHLEEN L. STEVENS
Plaintiff,
v. CASE NO.:
UNITED SPACE ALLIANCE, LLC.,
Defendant.
__________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, MYRTHLEEN L. STEVENS, by and through his undersigned counsel, submits her Complaint against the Defendant, UNITED SPACE ALLIANCE, LLC., and alleges as follows:
INTRODUCTION
1. This action is brought by the Plaintiff, MYRTHLEEN L. STEVENS, for race discrimination in employment pursuant to Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17 (amended in 1972, 1978 and by the Civil Rights Act of 1991) and under Chapter 760, Florida Statutes, the Florida Civil Rights Act.
JURISDICTION
2. Jurisdiction is specifically conferred upon this United States District Court by the aforementioned statutes, as well as 28 U.S.C. §§ 1331, 1343. Jurisdiction may also be appropriate under 42 U.S.C. §§ 1981, 1983 and 1985(3), as amended by the Civil Rights Act of 1991, and any related claims under Chapter 760, Florida Statutes, the Florida Civil Rights Act , pursuant to 28 U.S.C. § 1367(a).
VENUE
3. The venue of this Court over this controversy is proper based upon the claims arising in Brevard County, Florida.
PARTIES
4. Plaintiff, MYRTHLEEN L. STEVENS, resides at 6775 Hundred Acre Drive, Cocoa, in Brevard County, Florida, and has at all times material herein, resided in Brevard County, Florida.
5. Defendant, UNITED SPACE ALLIANCE, LLC., is a limited liability company, organized under the laws of the State of Delaware, and who maintains a facility in the State of Florida, located at 8550 Astronaut Boulevard, Cape Canaveral, in Brevard County, Florida and at the time of the acts complained of herein, employed 15 or more persons.
6. Plaintiff, MYRTHLEEN L. STEVENS, is a Black female.
7. Plaintiff has retained the undersigned attorney and agreed to pay a reasonable fee.
8. On or about May 12, 2006, Plaintiff filed a claim with the Equal Employment Opportunity Commission and the Florida Commission On Human Relations alleging discrimination based on race.
9. More than one hundred eighty (180) days have passed since the filing of said complaint, and the EEOC has issued Plaintiff a Right to Sue letter.
10. Plaintiff received her Right to Sue letter on August 6, 2007. See attached August 3, 2007 letter from Equal Employment Commission, Exhibit A. See attached Affidavit of Plaintiff, Exhibit B.
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 – RACE DISCRIMINATION
STATE CLAIM
13. Plaintiff re-alleges and incorporates Paragraphs 1 through 12 of this Complaint as if set forth in full herein.
14. This is an action for damages for discrimination in violation of Chapter 760, Florida Statutes, the Florida Civil Rights Act.
15. Plaintiff has been employed by Defendant, United Space Alliance, LLC (“USA”) since December of 1988 to the present.
16. The Defendant discriminated against and harassed Plaintiff on the basis of her race in the following manner: Plaintiff’s supervisors and human resource department permitted a hostile work environment due to the indifference and inaction with regard to complaints by the Plaintiff of racial intolerance and harassment by her supervisor, which include inappropriate comments about Plaintiff’s race, disparate treatment with regard to job opportunities and sufficient training and required access for the Plaintiff to effectively perform her job functions.
17. In its disparate treatment of Plaintiff, the Defendant discriminated against Plaintiff on the basis of her race.
18. 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.
19. At all times during her employment with Defendant, Plaintiff performed all duties assigned to her in a professionally competent manner, faithfully followed all instructions given to her by his supervisors, and abided by all the rules and regulations of Defendant.
20. Plaintiff has been deprived of benefits which were afforded to Caucasian employees but denied to Black employees, has lost potential job income, has been denied career opportunities and has sustained emotional damages in the form of mental anguish and loss of dignity due to Defendant’s unlawful and discriminatory actions against Plaintiff.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which she may be entitled, including, but not limited to:
A. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
B. Punitive 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 II – RACE DISCRIMINATION
FEDERAL CLAIM
21. Plaintiff re-alleges and incorporates Paragraphs 1 through 12 and 14 through 20 above, inclusive of this Complaint, as if same were forth in full herein.
22. 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.
23. At all times material hereto, Plaintiff was an employee within the meaning of 42 U.S.C. §2000(f).
24. Defendant, its agents, servants and/or employees, by their conduct herein alleged, intentionally, willfully and without justification, did deprive the Plaintiff of her rights, privileges and immunities secured to her by the laws of the United States, particularly her right to be free from racial discrimination and a hostile work environment and her rights as provided by Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. §2000e, et seq.
25. 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 her 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.
26. The racially hostile and race-biased environment to which Plaintiff was subjected was based on her being Black.
27. 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 she may be entitled, including, but not limited to:
A. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
B. Punitive 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 — RETALIATION
STATE CLAIM
28. This is an action for damages for violation of Chapter 760, Florida Statutes, the Florida Civil Rights Act.
29. Plaintiff re-alleges and incorporates paragraphs 1 through 11 and 14 through 20and 24 through 26 of this Complaint as if set forth in full herein.
30. On or about November 2005, Plaintiff asked her Supervisor, Bill Smith the reason why she was not selected to go to a Skip Level meeting. Mr. Smith told Plaintiff that it was because she was black and he did not know what Plaintiff would do or say.
31. Plaintiff complained by communicating verbally and in writing to Management and Human Resources of the racial discrimination, that the Plaintiff experienced by her white Supervisor Bill Smith.
32. On or about December 9, 2005, Plaintiff voiced her concerns about not being promoted and recognized for her efforts at a meeting with Robert DeVore, Employee Relations; Ramon Smith, Supervisor and Tom Perez, Manager.
33. Subsequent to submitting the written complaints of race discrimination, harassment and hostile work environment to Defendant, Plaintiff has experienced retaliation by Defendant which included: Plaintiff being assigned to a Lead who was responsible for harassing Plaintiff on the basis of her race and the Lead continued to harass Plaintiff on a discriminatory as well as a retaliatory basis and denial of opportunities for job advancement.
34. 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.”
35. Defendant’s actions as described in paragraph 31, 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]”
36. As a result of retaliation perpetrated by Defendant against Plaintiff for filing charges of employment discrimination based on race, Plaintiff has sustained emotional damages in the form of severe mental anguish, emotional distress and loss of dignity due to the actions of Defendant.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which she may be entitled, including, but not limited to:
A. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
B. Punitive 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 IV — RETALIATION
FEDERAL CLAIM
37. 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.
38. Plaintiff re-alleges and incorporates paragraphs 1 through 11, 20 through 26, and 29 through 33 of this Complaint as if set forth in full herein.
39. The actions described in paragraph 31 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.
40. 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 she may be entitled, including, but not limited to:
A. Compensatory damages including, but not limited to, mental anguish, loss of dignity and other intangible injuries;
B. Punitive 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.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
Dated: this ____ day of October, 2007.
Respectfully submitted,
ALLEN & ARCADIER, P.A.
_______________________
Wayne L. Allen, Esquire
Florida Bar No. 0110025
Email: [email protected]
Maurice Arcadier, Esquire
Florida Bar No. 131180
Attorneys for Plaintiffs
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Maurice Arcadier
Status: Closed
Date Filed: 10/23/2007
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.
