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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) CASE NO. ) CITY OF FORT LAUDERDALE, ) FLORIDA, ) ) Defendant. ) ____________________________________)
COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, United States of America, alleges: 1. This action is brought by the United States to enforce the provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"). 2. This Court has jurisdiction over the action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. §§ 1331, 1345. 3. Defendant, the City of Fort Lauderdale ("Defendant"), is a political subdivision of the State of Florida, created pursuant to Florida law. 4. Defendant is a person within the meaning of 42 U.S.C.§ 2000e(a), and an employer within the meaning of 42 U.S.C. § 2000e(b). 5. The Equal Employment Opportunity Commission ("EEOC") received a timely charge filed by Elgin O. Jones (Charge No. 15A-98-0317), a black male employed in the City's Public Services Department, which alleged that the City discriminated against Mr. Jones on the basis of his race and in retaliation for opposing practices he reasonably believed to be discriminatory.

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6. Pursuant to Section 706 of Title VII, 42 U.S.C. § 2000e-5, the EEOC investigated the charge, found reasonable cause to believe that Mr. Jones' allegations of racial discrimination and retaliation were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge, and subsequently referred the charge to the Department of Justice.
7. All conditions precedent to the filing of suit have been performed or have occurred.
FIRST COUNT
8. Defendant Fort Lauderdale has discriminated against Elgin O. Jones, because of his race, black, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), among other ways, by:
a. failing or refusing to promote Mr. Jones to the position of Engineering Inspector I in February 1998; and
b. failing or refusing to take appropriate action to remedy fully the effects of the discrimination against Mr. Jones.
SECOND COUNT
9. Defendant has discriminated against Mr. Jones in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by:
a. subjecting Mr. Jones to harassment that adversely affected the terms, conditions, and privileges of his employment because he opposed employment practices by Defendant that he reasonably believed to be unlawful practices on the basis of race, filed an internal complaint of discrimination with the City, and filed a charge of discrimination with the Equal Employment Opportunity Commission, EEOC Charge No. 15A-98-0317; and
z failing or refusing to take appropriate action fully to remedy the effects of the discrimination against Mr. Jones.
WHEREFORE, Plaintiff, the United States, prays that this Court grant the following relief:
z Enjoin the City and its directors, officers, agents, employees, successors, and all persons in active concert or participation with the City, as appropriate, from failing or refusing to:
(i) provide sufficient remedial relief to make whole the charging party, Mr. Jones, for the individual loss he has suffered as a result of the discrimination against him as alleged in this complaint;
(ii) adopt a clear, meaningful, and well-publicized written policy prohibiting retaliatory harassment against any City employee; and
(iii) take other appropriate nondiscriminatory measures to overcome the effects of the discrimination alleged in this complaint.
b. Award compensatory damages to Elgin O. Jones for mental and/or physical injuries incurred as a result of the discrimination against him as alleged in this complaint, pursuant to and within the statutory limitations of Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

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Plaintiff prays for such additional relief as justice may require. JURY DEMAND
The United States hereby demands a trial by jury of all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. JOHN ASHCROFT Attorney General U.S. Department of Justice By: _________________________________ RALPH F. BOYD, JR. Assistant Attorney General Civil Rights Division _________________________________ MARYBETH MARTIN D.C. Bar No. 244202 CHARLOTTE BURROWS Member N.Y. Bar (no number issued) CAROLYN CLARK MA Bar No. 633142 Civil Rights Division 950 Pennsylvania Avenue, N.W. Employment Litigation Section, Room 4613 Washington, D.C. 20035-5968 Telephone: (202) 514-3862 Facsimile: (202) 514-1105

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Electronic Mail: cburrows@usdoj.gov MARCOS DANIEL JIMENEZ United States Attorney Southern District of Florida By: _________________________________ ROBYN HERMANN Florida Bar No. _______________ Civil Chief 99 Northeast Fourth Street Miami, Florida 33132 Telephone: (305) 961-9332 Facsimile: (305) 530-7976

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA Case No. 02-60652-Civ-GRAHAM/GARBER
ELGIN O. JONES,
Plaintiff,
V.
CITY OF FORT LAUDERDALE, FLORIDA,
Defendant.
__________________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF FORT LAUDERDALE, FLORIDA,
Defendant.
__________________________________________
SETTLEMENT AGREEMENT
This action, originally filed as Case No. 02-61262 and later consolidated with Case No. 02-60652, was brought by the United States of America ("United States") against the City of Fort Lauderdale, Florida ("the Defendant") to enforce the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended ("Title VII"), following receipt by the Department of Justice from the Equal Employment Opportunity Commission ("EEOC") of a timely charge of discrimination filed by Elgin O. Jones (Charge No. 15A-98-0317). Title VII applies to the Defendant because it is a person within the meaning of 42 U.S.C. § 2000e(a), and an employer within the meaning of 42 U.S.C. § 2000e(b). This Court has jurisdiction over this action under 42 U.S.C. § 2000e-5(f) and 28 U.S.C. §§ 1331, 1345.
In its complaint, the United States alleges that the Defendant has discriminated against Mr. Jones in violation of Sections 703(a) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a), 2000e-3(a) by, inter alia:
a. failing or refusing to promote Mr. Jones to the position of Engineering Inspector I in February 1998 because of his race;
b. subjecting Mr. Jones to harassment that adversely affected the terms, conditions, and privileges of his employment because he opposed employment practices by the Defendant that he reasonably believed to be unlawful practices on the basis of race, filed an internal complaint of discrimination with the Defendant, and filed a charge of discrimination with

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the EEOC, Charge No. 15A-98-0317; and
c. failing or refusing to take appropriate action to remedy fully the effects of the discrimination against Mr. Jones.
Mr. Jones eventually was promoted to the position of Engineering Inspector I in September 1998, but did not receive back pay or other relief.
The Defendant denies the United States' allegations and further denies that it engages in or has engaged in any unlawful employment discrimination, harassment, or retaliation in violation of Title VII. The Defendant asserts that it is committed to a policy of equal employment opportunity and voluntarily enters into this settlement agreement. The Defendant's signature on this agreement should in no way be viewed as an admission of liability under Title VII.
Desiring that this action be settled by an appropriate settlement agreement and without the burden of protracted litigation, the parties agree to this Court's jurisdiction over them and the subject matter of this action. Subject to the approval of this settlement by the Court, the parties waive, for the purposes of this settlement agreement, hearings and findings of fact and conclusions of law. This settlement agreement is a full, final, and complete resolution of all claims alleged in the United States' complaint, and the United States agrees not to further pursue those claims. Each party shall bear its own attorney's fees and costs. The parties accept this settlement agreement as final and binding between themselves as to the issues resolved herein.
It is therefore agreed as follows:
GENERAL CONDITIONS
1. The Defendant agrees not to engage in any act that unlawfully discriminates against any employee or potential employee because of that individual's race.
2. The Defendant agrees that it will not retaliate against any person in a manner prohibited by § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a), because that person:
a. made an internal complaint of discrimination; b. filed a charge of discrimination with the EEOC, the Florida Commission on Human Relations, or the Broward County Human Rights Division; c. participated in or cooperated with the initiation, investigation, litigation or administration of this settlement agreement; or d. provided information to the Department of Justice.
3. Within thirty (30) days after the effective date of this settlement agreement, the Defendant will post notices in the form attached hereto as Appendix A. Such notices will be posted in a prominent and conspicuous location or locations used for posting notices in City Hall and in the Department of Public Services. Such notices will remain posted for a period of ninety (90) days after the date of execution of this settlement agreement.
4. Within thirty (30) days after the effective date of this settlement agreement, the Defendant will revisethe City of Fort Lauderdale's Policy and Standards Manual, Chapter 14, Section 1, entitled "Prohibition of Unlawful Discrimination and Harassment in the Workplace," as set forth in Appendix B, hereto, and will provide to the United States documentation that these revisions have been made. The

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Defendant's anti-discrimination policieswill make clear that the Defendantwill take into account compliance with these policies, including City of Fort Lauderdale Policy and Standards Manual, Chapter 14, Section 1, entitled "Prohibition of Unlawful Discrimination and Harassment in the Workplace," in conducting performance evaluations for all City employees and when deciding whether an employee should receive a promotion, award, or other performance-related benefit.
5. If the Defendant finds that any of its employees has engaged in discrimination or retaliation in violation of Title VII, or if a court of competent jurisdiction determines that a City employee has engaged in actions made unlawful by Title VII, the City shall, at a minimum, place a letter in the employee's personnel file documenting the employee's failure to comply withthe Defendant'santidiscrimination policy and/or federal law.
6. The City will post anti-discrimination and anti-harassment policies in a prominent and conspicuous location or locations used for posting notices in City Halland in the Department of Public Services.
ANTI-DISCRIMINATION TRAINING
7. The Defendant will arrange for a mandatory live training for all employees, including supervisors, in the Distribution and Collection Division of the City of Fort Lauderdale's Department of Public Services regarding Title VII's prohibitions against racial discrimination, retaliation, and harassment because an employee has engaged in activity protected by Title VII. This training will be completed by December 31, 2003, in a manner that accommodates the Defendant's operational needs. The Defendant also will arrange for a mandatory live training regarding Title VII's prohibitions for the Executive Management Team (i.e., employees fulfilling the duties currently performed by the Internal Auditor, Director of Administrative Services, City Manager, Assistant City Managers, Finance Director, Director of Parks and Recreation, Director of Communications, Public Services Director, City Clerk, Police Chief, and Fire Chief); employees working in the Office of Professional Standards (which is responsible for reviewing or investigating discrimination complaints); and other employees with managerial responsibility for personnel and human resources matters (i.e., employees fulfilling the duties currently performed by the Employee Relations Director, Assistant Employee Relations Director, Employment Manager, Personnel Director, Classifications and Compensation Manager, and Director of Organizational Training and Development). All persons required to attend this live training will sign an attendance verification sheet. The Defendant will maintain a copy of the attendance verification sheet in each attendee's personnel file as long as this settlement agreement remains in effect. The United States and the Defendant will confer and agree on who will administer this training, and the Defendant will bear the costs of such training.
a. None of the employees, managers, or supervisors specified herein will be exempted from this mandatory live training except for an approved absence. Notwithstanding an approved absence, the Defendant will require any employee or supervisor who is unable to attend the live training to watch a video replay, administered by the Defendant, within two weeks thereafter or as soon as practicable. All employees attending the video replay session will sign a training attendance verification sheet. The Defendant will maintain a copy of this training attendance verification sheet in the employee's personnel file as long as this agreement remains in effect.
b. After the live training session, for the life of this agreement, the Defendant will conduct annual training via the internet, by video, or other means, regarding Title VII's prohibitions against racial discrimination and retaliation, for all employees of the Distribution and Collection Division of the City's Department of Public Services (or its successor, if the

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name of this entity is changed while this settlement agreement remains in effect); the Executive Management Team (i.e., employees fulfilling the duties currently performed by the Internal Auditor, Director of Administrative Services, City Manager, Assistant City Managers, Finance Director, Director of Parks and Recreation, Director of Communications, Public Services Director, City Clerk, Police Chief, and Fire Chief); employees working in the Office of Professional Standards (which is responsible for reviewing or investigating discrimination complaints); and other employees with managerial responsibility for personnel and human resources matters (i.e., employees fulfilling the duties currently performed by the Employee Relations Director, Assistant Employee Relations Director, Employment Manager, Personnel Director, Classifications and Compensation Manager, and Director of Organizational Training and Development). The Defendant will require every person required to attend the annual training to sign a statement certifying that he or she has received, understands, and will comply with the antidiscrimination and anti-harassment provision of Title VII. The Defendant will maintain a copy of this certification in each attendee's personnel file as long as this settlement agreement remains in effect.

INDIVIDUAL RELIEF

8.

Because the Defendant and Plaintiff Elgin Jones have reached a separate settlement agreement

in this case, which includes a monetary settlement to be paid to Mr. Jones, the Defendant is not required

to provide individual relief to Mr. Jones as part of this settlement agreement between the Defendant and

the United States. Payment to Mr. Jones of the monetary relief specified in the Defendant's agreement

with Mr. Jones fully satisfies all of the United States' claims for individual relief for Mr. Jones that were

or could have been alleged in the United States' complaint. The Defendant agrees to provide the United

States with copies of the checks evidencing payment to Mr. Jones within ten (10) calendar days after

such payment is made.

DISPUTES

9.

Before either party may move the Court for resolution of a dispute under this settlement

agreement, the parties shall attempt in good faith to resolve informally any disputes that may occur

under this settlement agreement. If the parties are unable to reach agreement within thirty (30) days after

a matter has been brought to the attention of either party by the other party, the issue may be submitted

to the Court for resolution. This settlement agreement between the United States and the Defendant is

not intended to confer rights on any organization or individual not a party to this case, nor does it

prevent the Defendant from raising in any later lawsuit any defense otherwise available under Title VII.

RECORD-KEEPING AND REPORTING BY THE CITY OF FORT LAUDERDALE

10. Throughout the term of this settlement agreement, the Defendant will fill any vacancies for the position of Engineering Inspector I through its testing processes and without regard to the race of any applicant.

11. While this settlement agreement remains in effect, the Defendant shall maintain all records related to the filling of vacancies for Engineering Inspector I positions for each hiring event, application period, test administration, and phase of anytest administration (e.g., any training and experience evaluation, competitive exam, and interview)following the entry of this settlement agreement, including, but not limited to:

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a. All applications, resumes, and any other information the Defendant receives or generates concerning each phase of the application, hiring, and/or selection process for the position of Engineering Inspector I or the background or qualifications>of applicants for that position;
b. All job interest forms filed with the City for the position of Engineering Inspector I, and the date they were received;
c. All competitive examination and/or interviewingmaterials used or created in connection with any phase of the testing, application, and/or selection processes (including, but not limited to all test questions, instructions given to examinees, graders, or oral exam panelists);
d. All documents related to changes in the application, testing, or selection process for Engineering Inspector I since the most recent selection for that position, and all documents related to the extension of the effectiveness of an Engineering Inspector I eligibility list for more than one year;
e. The total number of applicants, by name, race, and application date;
f. The minimum passing score for each competitive examination or other selection procedure used in selecting persons for the position of Engineering Inspector I and any documents showing how the minimum passing scores were determined;
g. All documents, and drafts thereof, related to the method for weighting and/or combining components of the competitive selection process to calculate applicants' final scores, as well as all documents reflecting or related to how that method was determined;
h. Any eligibility lists or drafts, and the date they were made, that are created in connection with a selection process or hiring event for the position of Engineering Inspector I;
i. The names, races, and interview dates of any persons interviewed by a hiring or promotional authority for the position of Engineering Inspector I; and
j. The names, races, and dates of appointment for any persons selected to fill the position of Engineering Inspector I
The Defendant shall maintain these records in a manner that allows the Defendant and the United Statesto identify, by month and year, the particular selection process or test administration to which each document relates. The requirement to maintain the documents listed above in this paragraph shall apply to all hiring events, test administrations, and application processes for the position of Engineering Inspector I that occur while this settlement agreement is in effect. These requirements also shall apply to test administrations, eligibility lists, and selection processes that occur before this settlement agreement takes effect if they are used to hire any person, or to eliminate any person from consideration for hire, into the position of Engineering Inspector I during the lifetime of this settlement agreement.

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12. The Defendant will retain all records that come into its possession during the life of this settlement agreement relating to complaints or charges of employment discrimination based on race or retaliation filed against the Defendant or an employee, agent or representative of the Defendant: (a) through the Defendant's internal procedures; (b) with the EEOC; or (c) through or with any other federal, state or local agency authorized to receive such complaints. The Defendant will provide these records to the United States within thirty (30) days of any written request by the United States.
13. The Defendant will furnish to the United States, within thirty (30) calendar days after the United States' written request for their production, any of the records required to bemaintained by the Defendant under the provisions of this settlement agreementand any other information or data necessary to monitor compliance with this settlement.
PARTIES' OBLIGATION TO DEFEND SETTLEMENT AGREEMENT
14. In the event this settlement agreement is challenged, the Defendant and the United States shall fully defend its lawfulness. If any such collateral challenge arises in State court, the Defendantshall promptly seek to remove such action to this Court.
DELIVERY
15. All documents required to be delivered under this settlement agreement to the United States shall be addressed as follows if sent by facsimile or United States mail:Charlotte Burrows, Esq.
Carolyn Clark, Esq. U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue Attention: Employment Litigation Section Patrick Henry Building, Room 4500 Washington, D.C. 20530 Facsimile: (202) 514-1105
If sent by Federal Express or other overnight delivery service, documents required to be delivered under this settlement agreement to the United States shall be addressed as follows:
Charlotte Burrows, Esq. Carolyn Clark, Esq. U.S. Department of Justice Civil Rights Division Employment Litigation Section 601 D Street, NW, Room 4500 Washington, D.C. 20004 (202) 514-1409.
16. All documents required to be delivered under this settlement agreement to the Defendant shall be sent to the attention of:
Harry A. Stewart, Esq. City Attorney City of Fort Lauderdale

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P.O. Drawer 14250 Fort Lauderdale, Florida 33302
RETENTION OF JURISDICTION
17. The Court shall retain jurisdiction over this action for the purpose of resolving disputes or entering any orders or judgments that may be necessary to enforce this settlement agreement orto implement the relief provided herein, for the period of two years or the life of two complete eligibility lists for the Defendant'sEngineering Inspector I exam, whichever is longer. The Defendant agrees to promptly notify the Court and the United States of the expiration of the City's second eligibility list. For purposes of this settlement agreement, the life of an eligibility list shall begin on the date that a list is first published based on the results of any Engineering Inspector I exam and shall end on the date that the list expires. Thereafter, the Court's jurisdiction shall end, and this matter shall be dismissed with prejudice unless the Court determines, upon motion by the United States filed before the settlement agreement expires, for good cause shown, that the purposes and objectives of this settlement agreement have not been accomplished, and that the settlement agreement therefore should continue in effect. Unless it would be impracticable due to the time of discovery or other reasons, the United States agrees that, not less that thirty (30) days before it files a motion to extend the settlement agreement, it will inform the Defendant of its reasons for seeking such an extension and will attempt to resolve the matter with the Defendant. If such a motion is filed by the United States, the settlement agreement shall remain in effect while the motion is pending before the Court.
APPROVED, ADOPTED, AND ENTERED this day of , _________.
______________________________________ THE HONORABLE DONALD L. GRAHAM
UNITED STATES DISTRICT JUDGE
The signatures of the parties follow on the next page.
Agreed and Consented to:
On behalf of the Plaintiff, United States of America:
RALPH F. BOYD, JR. Assistant Attorney General
________________________________
CHARLOTTE BURROWS Special Bar No. A5500708 CAROLYN CLARK Special Bar No. A5500709 Civil Rights Division 950 Pennsylvania Avenue, N.W. Attention: Employment Litigation Section Patrick Henry Building, Room 4500 Washington, D.C. 20530 Telephone: (202) 514-3862

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Facsimile: (202) 514-1105 charlotte.burrows@usdoj.gov carolyn.clark@usdoj.gov
On behalf of the Defendant, City of Fort Lauderdale, Florida:
_________________________________ GORDON D. ROGERS Florida Bar No. 0240168 Muller Mintz, P.A. 200 South Biscayne Boulevard, Suite 3600 Miami, Florida 33131 Telephone: (305) 358-5500 Facsimile: (305) 358-3802 grogers@mullermintz.com
_________________________________
ROBYN HERMANN Civil Chief Florida Bar No. 0187968 Southern District of Florida 99 Northeast Fourth Street Miami, Florida 33132 Telephone: (305) 961-9332 Facsimile: (305) 530-7976
APPENDIX A
Notice of Settlement Agreement
The United States has alleged that the City of Fort Lauderdale, Florida ("the City") violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), by failing to promote an employee on the basis of that employee's race and allowing the employee to suffer a hostile work environment because he filed an internal complaint of discrimination and a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"). The City has denied the allegations of racial discrimination and retaliation.
The City has an Office of Professional Standards, which is responsible for receiving and attempting to resolve employee complaints of unfair treatment. Any City employee or applicant who believes that he or she has been discriminated or retaliated against should contact the Office of Professional Standards at
Until March 2003:
City of Fort Lauderdale Office of Professional Standards 634 N.E. 3rd Avenue Fort Lauderdale, Florida 33304 Telephone: 954-828-4933

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After March, 2003:
City of Fort Lauderdale Office of Professional Standards 33 N.E. 2nd Street Suite 100 Fort Lauderdale, Florida 33301
An employee or applicant also has the right to file a complaint with the EEOC, the Florida Commission on Human Relations, or the Broward County Human Rights Division.
This notice is being posted to announce that the United States and the City have entered into a settlement agreement regarding this matter.
Under the terms of the settlement agreement, the City has agreed:
1. Not to engage in any act or practice that unlawfully discriminates against any employee or potential employee because of that individual's race.
2. Not to retaliate against any person in a manner prohibited by § 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3(a), because that person:
a. made an internal complaint of discrimination; b. filed a charge of discrimination with the EEOC or the Broward County Human Rights Division; c. participated in or cooperated with the initiation, investigation, litigation or administration of the settlement agreement; or d. provided information to the Department of Justice.
3. To revise its existing>policies against discrimination to specifically prohibit harassment of any person in retaliation for filing a charge of discrimination with the EEOC or Broward County Human Rights Division; for making an internal complaint or grievance with the City alleging discrimination; or for giving testimony, providing information to the United States, or otherwise assisting or participating in any way in any investigation, proceeding or hearing under Title VII.
4. To retain all records that come into its possession relating to complaints or charges of employment discrimination based on racial discrimination or retaliation that may be filed against the City in any of the following ways:
(a) through the City's internal grievance procedure; (b) with the EEOC; or (c) through or with any other federal, state or local agency authorized to receive such complaints.
If any employee or job applicant of the City believes that he or she has been discriminated against in violation of Title VII, the employee or job applicant is encouraged to contact the City's Office of Professional Standards. An employee or job applicant also has the right to contact the EEOC and/or the Broward County Human Rights Commission about filing a charge of discrimination.
The EEOC's address is:

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Equal Employment Opportunity Commission Miami District Office 1 Biscayne Tower, Suite 2700 2 South Biscayne Boulevard Miami, Florida 33131 Telephone: (305) 536-4491.
The address for the Florida Commission on Human Relations is:
Florida Commission on Human Relations 2009 Apalachee Parkway Suite 100 Tallahassee, Florida 32301-4857 Telephone: (850) 488-7082.
The Broward County Human Rights Division's address is:
Broward County Human Rights Division Government Center, Room 116 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-6050.
If any employee or applicant believes that any term(s) of the settlement agreement has (have) been violated, he or she should contact the following Department of Justice attorneys:
Charlotte Burrows, Esq. Carolyn Clark, Esq. U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue Attention: Employment Litigation Section Patrick Henry Building, Room 4500 Washington, D.C. 20530 Telephone: (202) 514-1409 or (202) 514-3862 Facsimile: (202) 514-1105.
APPENDIX B
Revisions to the City of Fort Lauderdale's
Policy & Standards Manual, Chapter 14, Section 1
Deletions are represented by strike-outs and proposed additions are in italics and bold print.
a. The fourth paragraph of the section entitled "Policy" in the City of Fort Lauderdale's Policy & Standards Manual, 14.1.1.1 shall be revised as follows:
Acts of unlawful discrimination, retaliation, or harassment, including unlawful harassment of an employee because that employee opposed practices he or she reasonably believed were discriminatory

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or participated in the investigation of any complaint of discrimination or retaliation, are strictly prohibited and constitute a violation of the City's personnel standards and rules.
b. The City's definition of "Retaliation," contained in the third and fourth paragraphs of the Section labeled "Definitions" in the City of Fort Lauderdale's Policy & Standards Manual, 14.1.1.2 shall be revised as follows:
Retaliation means intentional adverse treatment of an employee, including harassment of an employee, by a supervisor because the that employee has reported an incident of unlawful discrimination or harassment; filed a charge of discrimination with the EEOC, the Florida Commission on Human Relations, or the Broward County Human Rights Division; participated in or cooperated with the initiation, investigation, litigation or administration of a settlement agreement between the United States and the City of Fort Lauderdale regarding Title VII matters; or provided information regarding employment discrimination or retaliation to the Department of Justice. It is also a violation of this policy for co-workers or supervisors to intentionally retaliate against an employee who has cooperated in an official review of a report of unlawful discrimination or harassment.
Supervisors are required to take reasonable steps to prevent employees who report incidents of what they believe to be unlawful discrimination or cooperate in an official review or investigation of possible discrimination or retaliation or harassment because an employee opposed practices he or she reasonably believed were discriminatory or engaged in activity protected by Title VII,from being subjected to retaliation by coworkers.
z The first paragraph under the heading "Responsibility" in the City of Fort Lauderdale's Policy & Standards Manual, 14.1.1.2 shall be revised to read:
RESPONSIBILITY Any employee who believes that she or he has been subjected to harassment by a co-worker based on unlawful discrimination or who believes she or he has been subjected to retaliation or harassment because an employee has engaged in activity protected by Title VII, for reporting or supporting another employee who reported an incident involving discrimination orharassment, is encouraged to directly inform the offending person or persons that such conduct is offensive and must stop. . . . .

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 </s> U.S. District Court Southern District of Florida (Ft. Lauderdale) CIVIL DOCKET FOR CASE #: 0:02-cv-60652-DLG

Jones v. Fort Lauderdale Assigned to: Judge Donald L. Graham Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff
Elgin O. Jones

Date Filed: 05/10/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by Reginald John Clyne Clyne & Associates PA 2600 Douglas Road Suite 1100 Coral Gables, FL 33134 305-446-3244 Fax: 446-3538 Email: rjc@clynelegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Consol Plaintiff United States

represented by Caroline Clark United States Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington, DC 20530 202-514-1409 Fax: 514-1005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charlotte Burrows United States Department of Justice Civil Rights Division 950 Pennsylvania Avenue NW Washington, DC 20530 202-514-3862 Fax: 514-1105 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
City of Fort Lauderdale a municipality

Marcos Daniel Jimenez Kenny Nachwalter Seymour Arnold Critchlow & Spector Miami Center 201 S Biscayne Boulevard Suite 1100 Miami, FL 33131-4327 305-373-1000 Fax: 372-1861 Email: mjimenez@kennynachwalter.com TERMINATED: 10/20/2005 LEAD ATTORNEY
Robyn Juanita Hermann United States Attorney's Office 99 NE 4 Street Miami, FL 33132 305-961-9332 Fax: 530-7139 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Debra M. Leder Akerman Senterfitt & Eidson Las Olas Centre 350 E Las Olas Boulevard Suite 1600 Fort Lauderdale, FL 33301-0006 954-463-2700 Fax: 463-2224 Email: debra.leder@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gordon Dean Rogers Akerman Senterfitt & Eidson Las Olas Centre 350 E Las Olas Boulevard Suite 1600 Fort Lauderdale, FL 33301-0006

954-463-2700 Fax: 463-2224 Email: gordon.rogers@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Henry Latimer Greenberg Traurig 401 E Las Olas Boulevard Suite 2000 Fort Lauderdale, FL 33301 954-765-0500 Fax: 765-1477 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/10/2002
05/10/2002 05/22/2002 06/17/2002 06/17/2002
06/28/2002 07/02/2002

#

Docket Text

1 COMPLAINT filed; FILING FEE $150.00 RECEIPT # 862657 ; Magistrate Judge Barry L. Garber (Former Deputy Clerk) (Entered: 05/13/2002)

1 DEMAND for jury trial by Elgin O. Jones (Former Deputy Clerk) (Entered: 05/13/2002)

2 SUMMONS(ES) issued for Fort Lauderdale (wc, Deputy Clerk) (Entered: 05/23/2002)

3 MOTION with memorandum in support by Fort Lauderdale for more definite statement (wc, Deputy Clerk) (Entered: 06/18/2002)

4 MOTION with memorandum in support by Fort Lauderdale to dismiss certain claims in Complaint , and/or to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (wc, Deputy Clerk) (Entered: 06/18/2002)

5 UNOPPOSED MOTION by Elgin O. Jones to extend time to respond to motion to dismiss and/or strike and motion for more definite statement (wc, Deputy Clerk) (Entered: 07/01/2002)

6 ORDER granting in part [5-1] motion to extend time to respond to motion to dismiss and/or strike and motion for more definite statement Response to motion reset to 7/29/02 for [4-1] motion to dismiss certain claims in Complaint, reset to 7/29/02 for [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous, reset to 7/29/02 for [3-1] motion for more definite

07/22/2002 07/26/2002 07/26/2002
08/02/2002 08/02/2002
08/27/2002 08/30/2002 09/05/2002 09/06/2002
09/06/2002 09/06/2002 09/06/2002 10/07/2002

statement ( Signed by Judge Donald L. Graham on 7/1/02) [EOD Date: 7/3/02] (wc, Deputy Clerk) (Entered: 07/03/2002)
7 RETURN OF SERVICE executed for Fort Lauderdale on 5/28/02 Answer due on 6/17/02 for Fort Lauderdale (nt, Deputy Clerk) (Entered: 07/23/2002)
8 RESPONSE by Elgin O. Jones in opposition to [3-1] motion for more definite statement (ra, Deputy Clerk) (Entered: 07/29/2002)
9 RESPONSE by Elgin O. Jones to [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (ra, Deputy Clerk) (Entered: 07/29/2002)
10 REPLY by Fort Lauderdale to response to [3-1] motion for more definite statement (wc, Deputy Clerk) (Entered: 08/05/2002)
11 REPLY by Fort Lauderdale to response to [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (wc, Deputy Clerk) (Entered: 08/05/2002)
12 NOTICE set status conference for 3:35 9/18/02 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 8/26/02) [EOD Date: 8/28/02] (wc, Deputy Clerk) (Entered: 08/28/2002)
13 NOTICE of Conflict with Other Action by Elgin O. Jones (wc, Deputy Clerk) (Entered: 09/03/2002)
14 NOTICE of Unavailability by Elgin O. Jones through 10/4/02 (wc, Deputy Clerk) (Entered: 09/06/2002)
15 ORDER granting [13-1] motion reset status conference for 3:35 10/30/02 before Judge Donald L. Graham ( Signed by Judge Donald L. Graham on 9/5/02) [EOD Date: 9/9/02] (wc, Deputy Clerk) (Entered: 09/09/2002)
16 Joint Scheduling Report of Scheduling Meeting by Elgin O. Jones, Fort Lauderdale (wc, Deputy Clerk) (Entered: 09/09/2002)
16 JOINT STATUS REPORT by Elgin O. Jones, Fort Lauderdale (wc, Deputy Clerk) (Entered: 09/09/2002)
17 ELECTION to Jurisdiction by Magistrate for discovery motions by Elgin O. Jones, Fort Lauderdale (wc, Deputy Clerk) (Entered: 09/09/2002)
18 NOTICE OF SIMILAR ACTION AND MOTION by Elgin O. Jones to consolidate (Former Deputy Clerk) (Entered: 10/08/2002)

10/10/2002 10/10/2002 10/16/2002 10/16/2002
10/17/2002 10/18/2002 10/25/2002 10/30/2002
10/30/2002 10/30/2002 10/31/2002 10/31/2002

19 ORDER denying as moot [18-1] motion to consolidate ( Signed by Judge Donald L. Graham on 10/10/02) [EOD Date: 10/11/02] (wc, Deputy Clerk) (Entered: 10/11/2002)
20 ORDER consolidating case 02-61252-Civ-Graham into this one [see Order for full details] ( Signed by Judge Donald L. Graham on 10/10/02) [EOD Date: 10/11/02] (wc, Deputy Clerk) (Entered: 10/11/2002)
21 STIPULATION by United States In Re: consent to jurisdiction by a US Magistrate Judge for final disposition; this consent is not for motions for dismissal, summary judgment, jury or all pretrial motions (hd, Deputy Clerk) (Entered: 10/17/2002)
22 MEMORANDUM by Fort Lauderdale in opposition to [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous, [3-1] motion for more definite statement (hd, Deputy Clerk) (Entered: 10/17/2002)
Consolidated Lead Case (dg, Deputy Clerk) (Entered: 10/17/2002)
23 Joint Scheduling Report of Scheduling Meeting by Fort Lauderdale, United States (dg, Deputy Clerk) (Entered: 10/21/2002)
24 REPLY MEMORANDUM by Fort Lauderdale in support of [4-1] motion to dismiss certain claims in Complaint, [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous (tb, Deputy Clerk) (Entered: 10/28/2002)
25 ORDER denying [4-1] motion to dismiss certain claims in Complaint, denying [4-2] motion to strike those allegations and claims that are irrelevant, immaterial, impertinent or scandalous, denying [3-1] motion for more definite statement ( Signed by Judge Donald L. Graham on 10/30/02) [EOD Date: 10/31/02] (dg, Deputy Clerk) (Entered: 10/31/2002)
Status conference held before Judge Donald L. Graham (dg, Deputy Clerk) (Entered: 11/01/2002)
26 Minutes of status conference held before Judge Donald L. Graham on 10/30/02; Court Reporter Name or Tape #: Barbara Medina (dg, Deputy Clerk) (Entered: 11/01/2002)
27 ORDER REFERRING ALL DISCOVERY MOTIONS to Magistrate Judge Garber ( Signed by Judge Donald L. Graham on 10/31/02) CCAP [EOD Date: 11/1/02] (dg, Deputy Clerk) (Entered: 11/01/2002)
28 ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 10/31/02) [EOD Date: 11/1/02]

10/31/2002
11/12/2002 11/12/2002 11/14/2002 11/14/2002 11/25/2002 11/26/2002 11/27/2002 12/04/2002 12/05/2002
12/09/2002 12/11/2002 12/12/2002

(dg, Deputy Clerk) (Entered: 11/01/2002)
29 SCHEDULING ORDER setting Deadline for filing of all motions by 6/30/03 Jury trial set for 9/8/03 Pretrial Stipulation due on or before 7/28/03 Calendar call set for 3:30 9/3/03 Discovery cutoff 6/23/03 ; Pretrial conference for 4:00 8/6/03 ; ( Signed by Judge Donald L. Graham on 10/31/02) [EOD Date: 11/1/02] CCAP (dg, Deputy Clerk) (Entered: 11/01/2002)
30 NOTICE of selection of Melvin Rubin as Mediator by Fort Lauderdale (dg, Deputy Clerk) (Entered: 11/13/2002)
30 MOTION by Fort Lauderdale for revised order regarding mediation (dg, Deputy Clerk) (Entered: 11/13/2002)
31 REVISED ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Donald L. Graham on 11/13/02) [EOD Date: 11/15/02] (dg, Deputy Clerk) (Entered: 11/15/2002)
32 Answer and affirmative defenses by Fort Lauderdale (dg, Deputy Clerk) (Entered: 11/15/2002)
33 MOTION with memorandum in support by Elgin O. Jones to intervene as plaintiff , and for leave to amend [1-1] complaint [prp amd cmplt attached] (dg, Deputy Clerk) (Entered: 11/26/2002)
34 NOTICE of Mediation Hearing on 12/12/02 at 9:00 Melvin Rubin added as mediator (dp, Deputy Clerk) (Entered: 11/27/2002)
35 NOTICE of filing of proposed order scheduling mediation by United States (dg, Deputy Clerk) (Entered: 12/02/2002)
36 ORDER SCHEDULING MEDIATION before Mediator: for 12/12/02 @ 9am ( Signed by Judge Donald L. Graham on 12/4/02) [EOD Date: 12/5/02] (dg, Deputy Clerk) (Entered: 12/05/2002)
37 ORDER that USA and City of FTL are directed to respond to Jone's motion to intervene within the time required by the FRCP (Signed by Judge Donald L. Graham on 12/4/02) [EOD Date: 12/6/02] (dg, Deputy Clerk) (Entered: 12/06/2002)
38 RESPONSE by Fort Lauderdale to [33-1] motion to intervene as plaintiff, [33-2] motion for leave to amend [1-1] complaint (dg, Deputy Clerk) (Entered: 12/10/2002)
39 RESPONSE by Elgin O. Jones to [33-1] motion to intervene as plaintiff, [33-2] motion for leave to amend [1-1] complaint (dg, Deputy Clerk) (Entered: 12/12/2002)
40 NOTICE of Unavailability by Elgin O. Jones for dates of: 12/19/02 thru

12/18/2002 12/27/2002 12/31/2002
12/31/2002 01/10/2003 01/10/2003 01/13/2003
01/13/2003 01/21/2004 12/07/2005

12/30/02 (dg, Deputy Clerk) (Entered: 12/13/2002)
41 NOTICE of attorney appearance for Fort Lauderdale by Henry Latimer (dg, Deputy Clerk) (Entered: 12/19/2002)
42 NOTICE of Change of Address of attorney by Fort Lauderdale (dg, Deputy Clerk) (Entered: 12/30/2002)
43 NOTICE of court practice upon notice of settlement and ORDER denying all pending motions as moot and closing case (Signed by Judge Donald L. Graham on 12/30/02) [EOD Date: 1/2/03] (dg, Deputy Clerk) (Entered: 01/02/2003)
CASE CLOSED. Case and Motions no longer referred to Magistrate. (dg, Deputy Clerk) (Entered: 01/02/2003)
44 JOINT STIPULATION of dismissal by Elgin O. Jones, Fort Lauderdale (dg, Deputy Clerk) (Entered: 01/13/2003)
45 JOINT MOTION by Fort Lauderdale, United States for entry of settlement agreement and retaining jurisdiction (dg, Deputy Clerk) (Entered: 01/13/2003)
46 ORDER granting [45-1] joint motion for entry of settlement agreement and retaining jurisdiction ( Signed by Judge Donald L. Graham on 1/13/03) [EOD Date: 1/14/03] (dg, Deputy Clerk) (Entered: 01/14/2003)
47 FINAL ORDER dismissing case without prejudice (Signed by Judge Donald L. Graham on 1/13/03) [EOD Date: 1/14/03] (dg, Deputy Clerk) (Entered: 01/14/2003)
48 NOTICE of Firm Name and Change of Address of attorney by Fort Lauderdale (dg, Deputy Clerk) (Entered: 01/22/2004)
49 ORDER dismissing cause with prejudice ( Signed by Judge Donald L. Graham on 12/7/05) [EOD Date: 12/8/05] (dg, Deputy Clerk) (Entered: 12/08/2005)


[CONTENT] May 10, 2002 | the United States | Title VII | the City of Fort Lauderdale | District Court | the Southern District | Florida | City's | Public Services Department ||| the United States | Engineering Inspector | African-American ||| the United States | the City of Fort Lauderdale | the Equal Employment Opportunity Commission ||| The United States ||| Engineering Inspector I | September 1998 ||| the United States' | Title VII ||| January 13, 2003 | Donald L. Graham ||| The City of Fort Lauderdale ||| Title VII of the Civil Rights Act | 1964 | EEOC | the Florida Commission on Human Relations | the Broward County Human Rights Division | the Department of Justice ||| Fort Lauderdale | City Hall | the Department of Public Services |||  ||| the Department of Justice ||| December 7, 2005 | Graham [SUMMARY] On May 10, 2002, the United States filed a lawsuit under Title VII against the City of Fort Lauderdale in the U.S. District Court for the Southern District of Florida, alleging that City's Public Services Department discriminated against an employee on the basis of his race. Specifically, the United States contended that the defendant failed or refused to promote an employee to the position of Engineering Inspector because he was an African-American, and that the defendant failed or refused to take appropriate action to remedy fully the effects of the discrimination against this employee. Furthermore, the United States alleged that the City of Fort Lauderdale subjected the employee to harassment that adversely affected the terms, conditions, and privileges of his employment because he opposed the discriminatory employment practices, filed an internal complaint of discrimination with the City, and filed a charge of discrimination with the Equal Employment Opportunity Commission. The United States sought injunctive and monetary relief.

The defendant eventually promoted the employee to the position of Engineering Inspector I in September 1998, but did not receive back pay or other relief. The defendant denied the United States' allegations and further denied that it had engaged in any unlawful employment discrimination, harassment, or retaliation in violation of Title VII. 

On January 13, 2003, the plaintiffs and the defendant agreed to enter into a consent decree ordered by the district court (Judge Donald L. Graham). The City of Fort Lauderdale agreed not to engage in any act that unlawfully discriminates against any employee or potential employee because of that individual's race. The City further agreed that it would not retaliate against any person in a manner prohibited by Title VII of the Civil Rights Act of 1964 because that person made an internal complaint of discrimination; filed a charge of discrimination with the EEOC, the Florida Commission on Human Relations, or the Broward County Human Rights Division; participated in or cooperated with the initiation, investigation, litigation or administration of this settlement agreement; or provided information to the Department of Justice. Furthermore, the city of Fort Lauderdale agreed to post anti-discrimination and anti-harassment policies in a prominent and conspicuous location in City Hall and in the Department of Public Services. 

Additionally, the City agreed to arrange mandatory training for all employees. While this settlement agreement remains in effect, the city will maintain all records related to the filling of vacancies for Engineering Inspector I positions for each hiring event, application period, test administration, and phase of any test administration, and the Department of Justice can request to see them in order to monitor the city's compliance.

The docket ends on December 7, 2005 with the district court (Judge Graham) entering and order dismissing the case with prejudice.

