Filing# 199145152 E-Filed 05/24/2024 10:54:44 AM

IN THE CIRCUIT COURT OF THE

17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
WILLIE HOLLINS,

Plaintiff,

VS. Case No.:

KIRWAN DANNER ALVAREZ & SMITH, P.A.,

A Florida Profit Corporation,and
CHRISTOPHER L KIRWAN, Individually,

Defendants.
I

COMPLAINT

The Plaintiff,WILLIE HOLLINS (hereinafter"Plaintiff' or "HOLLINS"), by and

through the undersigned counsel, hereby sues Defendant, KIRWAN DANNER ALVAREZ &

SMITH, P.A., ("THE FIRM") a Florida Profit Corporation & CHRISTOPHER L KIRWAN,

Individually hereinafter "Defendants"),and

(CLK) (collectively in support states as follows:

JURISDICTION AND VENUE

1. This is an action by the Plaintiff for damages exceeding $50,000, excluding

attorney fees or costs, pursuant to the Florida Civil Rights Act of 1992, and Florida Statutes,

Chapter 760, et seq. ("FCRA"), to redress injuriesresultingfrom Defendants' unlawful,

Religion,race and color based discriminatorytreatment of Plaintiff GARCIA as well as

retaliation for same.

2. This is an action by the Plaintiff for damages exceeding $50,000 excluding

attorneys'fees or costs for discriminatorytreatment and retaliation predictedon Plaintiffs race

..'

pursuant to the Civil Rights Act of 1866, 42 U.S.C. §1981 ( § 1981") to redress injuries

from Defendants' unlawful race discriminatory

resulting treatment of Plaintiff.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/24/2024 10:54:43 AM.****
 3 This is an action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §

2000e-2 ("Title
VII").

4. This is also an action for Civil Assault and intentional Infliction of Emotional

Distress againstAttorney Kirwan, Florida Bar Number 97209.

5. This Court has jurisdiction

of the claims herein pursuant to the FCRA, Title VII,

Florida Common Law and §1981.

6. The venue of this action is properly placed in Broward County because the

Defendants advertise for business in Florida,hired multipleFlorida Residents to work for them

from Florida,made regularcommunications using interstate modalities to their employees in

Florida and the fact that this company has registered

multipleentities in Florida for doing

business. Defendants also co-operate and own businesses registeredin Florida.

7. The Defendants are Foreign Profit Corporations and joint employers for all

purposes.

8 Defendants are covered employers pursuant to Florida Statutes § 760.02(7) as

Defendants are and were employing 15 or more employees for each working day in each of 20

or more calendar weeks in the current or precedingcalendar year within the state of Florida and

employed Plaintiff to work in Broward County.

9. Plaintiff is a covered employee for purposes of the Florida Civil RightsAct, Title

VII, Hate Crimes and Florida Common Law and StatutoryCivil Assault and entitled to relief

under §1981.

10. Defendants is alleged to have engaged in an unlawful employment practice

pursuant to §1981, Florida Law and the FCRA, §760.10 et sec.

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 11. Plaintiff adopts and incorporatesinto this complaint the EEOC attachments which

are attached to this complaint as Exhibit A and B.

12. Plaintiff filed a timely US EEOC Charge of Discrimination with the FCHR and

EEOC concurrentlyand pursuant to their work share agreement on August 28,2023, 15D-2023-

01087 an d510-2023-08768. A Right to Sue letter issued on February 29, 2024 signed by

Evangeline Hawthorne, director of the and was copied respondent at their South Andrews

Address as well as the firm representing

Defendant through the EEOC Gail Garey at 633 South

Federal Hwy, 4thFloor, Ft. Lauderdale, FL 33301, EXHIBITS A& B.

13. The EEOC to

investigator whom the position statement was sent was Sergio

Maldonado at the EEOC Miami District Office. The positionstatement was sent on September

18, 2023 and a portionof that language will be cited herein.

14. As such, this filingwhich is within 90 days of the Right to Sue is timely and well

within the statute of limitations under the FCRA and §1981 and any other relevant statutes.

15. Declaratory,injunctive,legaland equitablerelief sought pursuant to the laws set

forth above togetherwith attorneys'fees,costs and damages.

16. All conditions precedent for the filingof this action before this Court have been

previously met, including the exhaustion of all pertinentadministrative procedures and

remedies.

BACKGROUND
17. Plaintiff is a black African American Male male and as such, covered under the

FCRA, Title VII and §1981.

18. Plaintiff worked for Defendants for almost two years from November of 2020

through October o f 2022 as a First Party Property Defense Paralegal.

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 19. Defendant has had many name changes over the years. The current name is

KIRWAN DANNER ALVAREZ & SMITH, P.A. and they responded to the EEOC charge last

September as Kirwan & Spellacy,P.A. The Corporate Document Number in Florida referring

to this defendant is P03000057516.

20. Plaintiff earned approximately $60,000.00 per year plus benefits and other fringes.

21. Plaintiffwas discriminated againstand assaulted by CLK, subjectedto harassment,

treatment and the terms and conditions ofhis employment were violated.
intimidation,disparate

22. Plaintiff was subjectto a toxic and hostile work environment perpetuatedby CLK.

23. Defendant nicknamed Plaintiff"Crackhead Willie." This was a racially

motivated

attack.

24. This discriminatorybehavior as well as other related discriminatorybehaviors were

witnessed by Monique Morris, whose notarized partial

statement is attached hereto as Exhibit

C.

25. CLK regularlyused degrading names front of co-workers and staff. These were

was a black male, he was a drug user.

motivated and implied that because plaintiff
racially

26. CLK would often fly into a rage and use foul racial names and slurs and also

threatened on one occasion (therewere multiple)to break Plaintiffs arm. This was said in front

was put in fear o f immediate bodilyharm.

where plaintiff
o f plaintiff

27. Plaintiff became aware while working for Defendant that non-black employees

were treated more favorably.One of the many examples were that non-black employees were

routinelygivenpay increases and had much highersalaries.

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 28. Plaintiff complained of this behavior to many individuals at the finn including

CLK, human resources and while Plaintiff was out on vacation on November 11, 2022, in

retaliation for the complaints made, Plaintiff was terminated.

29. Defendant filed a position statement with the EEOC which is full of lies,

misstatements and fabricated facts which will no doubt be presented to this court and are

in a bad light.
designed to mislead the court and paintthe plaintiff

30. One of the most importantfactual statement in the positionstatement, which is an

admission againstinterests and will no doubt be corroborated by Defendants and CLK as it was

put into the positionstatement by their attorney is below:

A. ... Mr. Kirwan finallytold him out of frustration that if he did not immediately

leave his office,he would break Mr. Hollins' collarbone, or words to that effect,

hoping this would convey the level of seriousness of the matter to Mr. Hollins ---

B. The gravityofthis sentence is overwhelming and would offend any member ofthe

Florida Bar, Judge and ethics committee. This was an assault as defined by Florida

Statutes. This statement put Plaintiff in fear of immediate physicalhaim. This

statement was premeditatedas it's clear that the intent behind the decision to make

the statement was evidence in the positionstatement. This statement was also

made in a racially
derogatorymanner after extensive race based discrimination and

as such is a Hate Crim pursuant to Florida Statutes. See below.

C. CLK is a physicallylargeand intimidatingman and the threats were real and done

by CLK due to the fact that he knew he was physicallyintimidatingand

31. Plaintiff was teiminated in retaliation for his complaints o f race based

discrimination.

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 32. All conditions precedent for the filingof this action before this Court have been

previously met, including the exhaustion of all pertinentadministrative procedures and

remedies.

COUNTI
RACE AND COLOR DISCRIMINATION UNDER THE FCRA
in paragraph 1-32 as if fullyset forth herein.
33. Plaintiff reasserts his allegations

34. Section 760.10 of the FCRA states in relevant part:

"(1) It is an unlawful employment practicefor an employer:

(a) To dischargeor to fail or refuse to hire any individual,or otherwise

to discriminate againstany individual with respect to compensation,terms,

conditions,or privilegesof employment, because of such individual's

..

sex, national
race, color,religion, age, handicap,or marital
origin, status.

35. The FCRA accordinglyprohibitsdiscrimination based on Race and Color.

36. The treatment to which Plaintiff was subjectedby Defendants as set forth above

and incorporatedherein,was the result o f Plaintiff's race and color,which individuals outside

Plaintiffs class were not and would not have been subjected,in violation of the FCRA.

37. Defendants' allegedbases for its adverse conduct againstPlaintiff and retaliation

nature of its
againstPlaintiff are pretextualand asserted only to cover up the discriminatory

conduct.

38. Even if Defendants could assert legitimate

reasons for its adverse actions against

Plaintiff and defendants' adverse employment actions,threats and lies,which reasons it does

not have, Plaintiffs Race and color were a significant

motivatingfactor for Defendants'

adverse conduct toward Plaintiff.

39. As a result of Defendants' willful and malicious discriminatoryactions as a result

ofhis Race and Color, Plaintiff has experiencedand will continue to experiencesignificant

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financial and economic loss in the form of lost wages, stress, frustration and lack of work.

Plaintiffhas also experiencedand will continue to experienceemotional anguish,pain and

sufferingand loss of dignitydamages. Plaintiff accordinglydemands lost economic damages

in the form of back pay and front pay, interest,

lost benefits,and compensatory damages if

appropriatein this case.

40. Plaintiff also requests punitivedamages based on Defendants' intentional,willful,

wanton and malicious discriminatory

conduct per statute.

41. Plaintiff further seeks his attorney'sfees and costs as permittedby law.

WHEREFORE, the Plaintiff respectfully

requests that this Honorable Court:

A. Enter judgment for Plaintiff and againstthe Defendants on the basis of Defendants'

willful violations ofthe FCRA; and

B. Award Plaintiffcompensatory
damages includingfront pay, back pay, and lost benefits;

and

C. Award Plaintiff as to this count prejudgment interest;and

D. Award Plaintiff damages for the amount of the and filingincluding

costs of litigation

attorney'sfees;and

E. Grant such other and further equitablerelief as this court deems equitableand just

and/or available pursuant to State Law includingpunitivedamages.

COUNT II
RETALIATION UNDER THE FCRA

42. in paragraph 1 -32 as if fullyset forth herein.

Plaintiffreasserts his allegations

43. Section 760.10(7)states:

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 an unlawful employment practicefor an employer, an employment
"It is

agency, a jointlabor-management committee, or a labor organization to

discriminate againstany person because that person has opposed any

practicewhich is an unlawful employment practiceunder this section,or

because that person has made a charge,testified,assisted,or participated
in any manner in an investigation,
proceeding, hearingunder this
or
..
section.

44. The FCRA accordinglyprohibitsretaliation againstan employee for reporting

conduct which would violate the terms of the FCRA.

45. Plaintiff's treatment were protected

complaintsof discrimination and disparate

activities under the FCRA, for which plaintiff

could not be adversely affected or teiminated in

retaliation.

46. Defendants' allegedbases for its adverse conduct againstPlaintiff are pretextual

and asserted only to cover up the retaliatory

nature of its conduct.

47. Even if Defendants could assert reasons for

legitimate its adverse actions against

the exclusion from meetings and termination,which reasons

Plaintiff, it does not have,

Plaintiff's complaints of discrimination were significant

motivating factors for Defendants'

adverse conduct toward Plaintiff.

48. As actions,and
a result of Defendants' retaliatory its willful and malicious

dischargeo f Plaintiff's employment as a result o f complaintso f discrimination,Plaintiff has

financial and economic

experiencedand will continue to experiencesignificant loss in the form

of lost wages and lost benefits. Plaintiff has also experienced and will continue to experience

emotional anguish,pain and sufferingand loss of dignitydamages. Plaintiff accordingly

demands lost economic damages in the form of back pay and front pay, interest,
lost benefits,

and compensatory damages.

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 49. Plaintiff also requests punitivedamages based on Defendants' intentional,

willful,wanton and malicious retaliatory

conduct per statute.

50. Plaintiff further seeks his attorney'sfees and costs as peimittedby law.

WHEREFORE, the Plaintiff respectfully

requests that this Honorable Court:

F. Enter judgment for Plaintiff and against the Defendants on the basis of

Defendants' willful violations ofthe FCRA; and

G. Award Plaintiff compensatory damages includingfront pay, back pay, and lost

benefits;and

H. Award Plaintiff as to this and

count prejudgment interest;

I. Award Plaintiff damages for the amount of the costs of and filing
litigation

includingattorney'sfees; and

J. Grant such other and further equitablerelie f as this court deems equitableand just

and/or available pursuant to State Law includingpunitivedamages.

COUNT III
Race Discrimination in Violation of 42 U.S.C. § 1981

51. Plaintiff re-adoptseach and every factual allegationas stated in paragraphs 1 -32

above as if set out in full herein.

52. Plaintiff is a member of a protectedclass under § 1981.

53. By the conduct describe above, Defendants has engaged in discrimination against

the Plaintiffs because of Plaintiff's race and subjectedthe Plaintiff to race-based animosity.

54. Such discrimination was based upon the Plaintiff's race and color in that Plaintiff

would not have been the object of discrimination but for the fact that Plaintiff is African

American and Black.

55. Defendants' conduct complained of herein was willful and in disregardof

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Plaintiff's protected rights. Defendants and its supervisory personnel were aware that

discrimination on the basis of race was unlawful but acted in reckless disregardof the law.

56. At all times material hereto, the employees exhibitingdiscriminatoryconduct

towards Plaintiff possessed the authorityto affect the teims, conditions, and privilegesof

Plaintiffs employment with the Defendants.

57. Defendants retained all employees who exhibited discriminatoryconduct toward

the Plaintiff and did so despitethe knowledge of said employees engaging in discriminatory

actions.

58. As a result of Defendants' actions,as allegedherein,Plaintiff has been deprived

has been exposed to ridicule and embarrassment, and has suffered emotional distress
of rights,

and damage.

59. The conduct of Defendants, by and through the conduct of its agents, employees,

and the Defendants' failure to

and/or representatives, make prompt remedial action to prevent

continued discrimination againstthe Plaintiff,deprived the Plaintiff of statutory rightsunder

federal law.

60. The actions of the Defendants and/or its agents were willful, wanton, and

and with malice or reckless indifference to the Plaintiff's statutorily

intentional, protectedrights,

Plaintiff to damages in the foim of compensatory and punitivedamages pursuant

thus entitling

to federal law, to punish the Defendants for its actions and to deter it,and others,from such action

in the future.

61. Plaintiff has suffered and will continue to suffer both irreparable
injury and

compensable damages as a result of Defendants' discriminatorypracticesunless and until this

Honorable Court grants relief.

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 62. So that Plaintiffs rightsmay be protected,Plaintiff has retained the undersigned

counsel who is entitled to fees pursuant to 42 U.S.C. § 1988, the Civil RightsAttorneys
attorney's

Fee Award Act.

WHEREFORE, Plaintiffs respectfully

prays for the followingrelief againstDefendants:

K. Adjudge and decree that Defendants has violated 42 U.S.C. § 1981, and has done so

willfully, and with reckless disregardfor

intentionally, Plaintiff's rights;

L. Enter ajudgment requiring back pay, benefits

that Defendants pay Plaintiff appropriate

adjustment,and prejudgment interest at amounts to be proved at trial for the unlawful

employment practicesdescribed herein;

M. Enter an award againstDefendants and award Plaintiff compensatory damages for

and loss of enjoyment of life;

mental anguish,personalsuffering,

N. Require Defendants to reinstate Plaintiffs to the positionat the rate of pay and with the

full benefits Plaintiffs would have had Plaintiffs not been discriminated againstby

Defendants, or in lieu of reinstatement,award front pay;

0. Award Plaintiffs the costs ofthis action,togetherwith a reasonable attorney fees;and

P. Grant Plaintiff such additional relief as the Court deems just and proper under the

circumstances.

COUNT IV
Race Discrimination in Violation TITLE VII

63. Plaintiff re-adoptseach and every factual allegationas stated in paragraphs 1 -32

of this Complaint as if set out in full herein.

64. Plaintiff is a member of a protected class under Title VII his race is black/African

American.

65. By the conduct describe above, Defendants has engaged in discrimination againstPlaintiff

11
because of Plaintiff's race and subjectedthe Plaintiffto animositybased on race.

66. Such discrimination was based upon the Plaintiff's race/color in that Plaintiff would not

have been the objecto f discrimination but for the fact that Plaintiff is Black.

67. Defendants' conduct complained of herein was willful and in disregardof Plaintiff's

protectedrights.Defendants and its supervisorypersonnelwere aware that discrimination on the

basis ofrace was unlawful but acted in reckless disregardofthe law.

68. At all times material hereto, the employees exhibitingdiscriminatoryconduct towards

Plaintiff possessed the authorityto affect the teims, conditions, and privilegesof Plaintiffs

employment with the Defendants.

69. Defendants retained all employees who exhibited discriminatoryconduct toward the

Plaintiff and did so despitethe knowledge of said employees engaging in discriminatoryactions.

70. As a result of Defendants' actions,as allegedherein,Plaintiff has been deprivedof rights,

has been exposed to ridicule and embarrassment, and has suffered emotional distress and damage.

71. The conduct of Defendants, by and through the conduct of its agents, employees, and/or

and the Defendants'

representatives, failure to make prompt remedial action to prevent continued

deprivedthe Plaintiff of statutory rightsunder federal law.

discrimination againstthe Plaintiff,

72. The actions of the Defendants and/or its and

agents were willful,wanton, and intentional,

with malice or reckless indifference to the Plaintiff's statutorily thus entitling

protectedrights,

Plaintiff to damages in the form of compensatory and punitivedamages pursuant to federal law,

to punish the Defendants for its actions and to deter it,and others,from such action in the future.

73. Plaintiff has suffered and will continue to suffer both injuryand compensable
irreparable

damages as a result of Defendants' discriminatorypracticesunless and until this Honorable Court

grants relief.

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WHEREFORE, Plaintiff respectfully
prays for the followingrelief againstDefendants:

q. Adjudge and decree that Defendants has violated Title VII, and has done so willfully,

and with reckless disregardfor

intentionally, Plaintiffs' rights;

r. Enter a judgment requiringthat Defendants pay Plaintiff appropriateback pay, benefits

adjustment,and prejudgment interest at amounts to be proved at trial for the unlawful

employment practicesdescribed herein;

s. Enter an award againstDefendants and award Plaintiff compensatory damages for mental

and loss of enjoyment of life;

anguish,personal suffering,

t.
Require Defendants to reinstate Plaintiffto the positionat the rate of pay and with the full

benefits Plaintiff would have had Plaintiff not been discriminated againstby Defendants,

or in lieu of reinstatement,award front pay;

u. Award Plaintiff the costs o f this action,togetherwith a reasonable attorney fees;and

v. Grant Plaintiff such additional relief as the Court deems just and proper under the

circumstances.

COUNT V
Retaliation in Violation of TITLE VII
74. Plaintiff re-adoptseach and every factual allegationas stated in paragraphs 1-32 of this

Complaint as if set out in full herein.

75. Defendants is an employer as that term is used under the applicablestatutes referenced

above.

76. The foregoingallegations

establish a cause of action for unlawful retaliation after Plaintiff

reportedunlawful employment practices his under the

adverselyaffecting Title VII.

77. The foregoingunlawful actions by Defendants were purposeful.

78. Plaintiff voiced oppositionto unlawful employment practicesduringhis employment with

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Defendants and he was the victim of retaliation thereafter,as related in part above as he was

demoted and constructively

terminated.

79. Plaintiff is a member of a protected class because he reported unlawful employment

practicesand was the victim of retaliation thereafter. There is a causal connection between the

reporting of the unlawful employment practicesand the adverse employment action taken

thereafter.

80. As a direct and proximateresult ofthe foregoingunlawful acts and omissions, Plaintiffhas

suffered mental anguish,emotional distress,

expense, loss ofbenefits,embarrassment, humiliation,

damage to reputation,
illness,lost wages, loss of capacityfor the enjoyment of life,and other

tangibleand intangible
damages.

81. These damages are continuingand are permanent.

WHEREFORE, the Plaintiff respectfullyrequests that this Honorable Court enter judgment

againstDefendant; find that Defendants indeed violated the Title VII, and in addition,order the

following additional relief:

w. Declare that the acts complained o f herein are in violation o f the Title VII;

x. Award PLAINTIFF compensatory damages for emotional distress,embarrassment and

humiliation;

y. Grant a permanent injunctionenjoiningDefendants, its officers,successors, assigns,and

all with it,from engaging in any employment

persons in active concert or participation

practicewhich discriminates;

z. Reinstate Plaintiff to the same positionhe held before the retaliatory

personnelaction,or

to an equivalentposition;

aa. Reinstate full fringebenefits and seniority

rightsto Plaintiff;

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 bb. Order Defendants to make Plaintiff whole, by compensating Plaintiff for lost wages,

benefits,includingfront pay, back pay with prejudgment interest;

ec. For a money judgment representingprejudgment interest;

dd. Award any other compensation allowed by law includingpunitivedamages and attorney's

fees;

ee. Grant Plaintiffs costs of this action,includingreasonable attorney'sfees;

ff. Grant Plaintiff a trial by jury;and

gg. Grant such other and further relief as the Court deems justand proper.

COUNT VI
of Emotional Distress Claim
Intentional Injliction
Against Defendant CLK

82. Plaintiff re-adoptseach and every factual allegationas stated in paragraphs 1 through 32

of this complaint as if set out in full herein.

83. During the time frame enumerated, Defendant deliberately

and recklesslyinflicted mental

sufferingon Plaintiff by and through intentional verbal and physicalharassment and humiliation

by Defendant's agents.

84. Defendant's conduct is so outrageous in character, and so extreme in degree,that it is

considered atrocious and utterly

intolerable in a civilized society.

85. Defendant's conduct caused Plaintiff severe emotional distress.

86. As a direct and proximate result ofDefendant's conduct described above, Plaintiff suffered

bodily injuryand resultingpain and suffering,

disability, mental anguish,loss of
disfigurement,

medical and nursing care and

capacityfor the enjoyment of life,expense of hospitalization,

treatment, loss of earnings,loss of ability

to earn money, and/or the aggravation of a previously

15
existingcondition. The losses are either permanent or continuing,and Plaintiff will suffer the

losses in the future.

WHEREFORE, the Plaintiff demands judgment for damages againstDefendant and such
other relief as this Court deems appropriateand just.

COUNT VII
Civil Assault against Defendant CLK.

87. Plaintiff as stated in paragraphs 1 through 32

re-adoptseach and every factual allegation

of this complaint as if set out in full herein.

88. Civil Assault is a civil cause of action based on a criminal statute.

a. Assault is where the defendant intentionally made a credible

and illegally threat

to physicallyharm the victim and the threat put the victim in reasonable fear that

he would be harmed. See Florida Statute 784.011 prohibitsanyone from assaulting

another individual.

b. Furthermore, this specificsituation gives rise to Florida's hate crimes legislation:

passed laws designed to address the issue of hate

In 1989, the Florida Legislature

crimes. Section 775.085, Florida Statutes,was created to increase penaltiesfor

convictions of crimes where there was evidence of certain prejudice.Additionally,

the Hate Crimes Reporting Act, Section 877.19, Florida Statutes,was passed to

requirelaw enforcement agenciesto report hate crimes to the Florida Department

o f Law Enforcement (FDLE) and requiredthe Attorney General's O ffice to publish

an annual summary o f data collected by FDLE. This is an aggravatingfactor in the

civil and will be the basis of

litigation Plaintiff's future motion for punitive

damages.

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 89. Defendant intended to cause and did cause Plaintiffto suffer apprehensionof an immediate

harmful contact.

90. As a direct and proximate result ofDefendant's conduct described above, Plaintiff suffered

bodily injuryand resultingpain and suffering,

disability, mental anguish,loss of
disfigurement,

medical and nursing care and

capacity for the enjoyment of life,expense of hospitalization,

treatment, loss of earnings,loss of ability

to earn money, and/or the aggravation of a previously

existingcondition. The losses are either permanent or continuing,and Plaintiff will suffer the

losses in the future.

WHEREFORE, Plaintiff demands judgment againstDefendant for damages for past and
future lost compensatory damages, court
earnings, costs, attorney'sfees and for any and all other

relief that this Court may deem justand proper.

JURY TRIAL DEMAND

Plaintiff demands a trial by jury on each ofhis above claims.

Date: May 24,2024 Respectfullysubmitted,

lo1 EDaniet jt. *unt

Daniel H. Hunt, Esq.
Florida Bar No.: 121247
11767 S. Dixie Hwy #407
Pinecrest,FL 33216
[email protected]
Telephone: (305) 495-5593

Attorney for Plaintiff

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EXHIB T A

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DocuSign Envelope ID: 83D8407[)-FECF=17DC-A901-63895031A9EC

Date Stamp (FCHR Use Only)

FLORIDA COMMISSION ON HUMAN RELATIONS
4075 Esplanade Way, Room 110, Tallahassee, Florida 32399

EMPLOYMENT COMPLAINT OF DISCRIMINATION

A. PERSONAL INFORMATION FCHR No. 202443754

Name E-Mail Address Date of Birth

Mailing Address Home Telephone Number (area code)

City, State, and Zip Code Work (ifpossible to call you there)

B.BUSINESS INFORMATION (employer, labor organization,employment or government agency, etc.)

Name Number of Employees Telephone Number
Kirwan Spellacy& Danner, P.A. 15 + +1 (954) 463-3008
Street Address (Branch/Office in Florida) City, State and Zip Code County
200 S Andrews Ave Fort Lauderdale, FL 33301 Broward
C.CAUSE OF DISCRIMINATION BASED ON -Check appropriate box(es) DATE MOST RECENT DISCRIMINATION TOOK
N RACE E COLOR U SEX O RELIGION O DISABILITY/HANDICAP PLACE
C] NATIONAL ORIGIN E] AGE E] MARITAL STATUS ? RETALIATION (month, day, year) November 11, 2022
D. DISCRIMINATION STATEMENT:
I believe I have been discriminated against pursuant to Chapter 760 ofthe Florida Civil Rights Act, and/or Title
VII of the Federal Civil Rights Act, and/or the Age Discrimination in Employment Act, and/or the Americans
with Disabilities Act as applicablefor the followingreason(s):

The Complainant, a black male, allegesdiscrimination based on race. In supplemental documents submitted by
the Complainant and during a phone interview on August 21,2023, the Complainant describes discrimination at
the hands of Attorney Christopher Kirwan in which he was subjected to harassment, intimidation, disparate

treatment, and violation of the terms and conditions of his employment, all of which contributed to a toxic,hostile
work environment. Christopher Kirwan's discrimination against him ultimately culminated in retaliatory
termination.

The Complainant states that as soon as he started employment with the Respondent on November 1, 2020,
ChristopherKirwan displayeda discriminatoryanimus againstthe Complainant based on his race. He nicknamed
the Complainant "Crack Head Willie,"a derogatoryslur used by racially
prejudicedCaucasians to insinuate and
perpetuate a false,contemptuous stereotype that young black men are drug users and "crackheads." Christoper
Kirwan routinelycalled the Complainant that humiliatingand degrading name in front of coworkers and office
thus ruininghis reputation
staff, by causingothers in the office to think he was a drug user. Also, ChristoperKirwan
would often flyinto a rage and belittle the Complainant by using foul racial names and slurs. On one occasion, he
threatened to break the Complainant's arm during a frequentviolent outburst.

During the two years the Complainant worked for the Respondent, ChristoperKirwan violated the terms and
conditions of the Complainant'semployment by singlinghim out and refusingto give him an earned pay increase.
Disparately, however, other non-black employees were routinelygiven pay increases and made much more than
hint.
DocuSign Envelope ID: 83D8407D-FECF=17DC-A901-63895031A9EC
As supported by documentation submitted by the Complainant, he reportedChristopher Kirwan's discriminatory
conduct to HR. However, no remedial action was taken, thereby emboldening, and encouraging Christopher
Kirwan to continue his
discriminatorypractices. Instead,in retaliation for reportingChristopher Kirwan to HR,
while out on preapproved vacation,he was unexpectedly and unjustifiably terminated on November 11,2022. The
reason given for his termination was that he abandoned his job. Given that the Complainant'sleave was previously
approved,he believes the reason for his termination was pretextual. Therefore, the Complainant believes there is
no reasonable explanation for his termination other than Christopher Kirwan's animus againsthim based on his
race and as vengeful retaliation againsthim for reportinghis discriminatory conduct.

I REQUEST TO BE AFFORDED FULL RELIEF TO WHICH I AM ENTITLED TO UNDER THE LAW(S).

E. VERIFICATION. Under penalties of perjury, I declare that I have read the foregoing complaint of discrimination and that the facts
stated in are true. I wiI[ advise the agency if I change
it my address or telephone number and I will cooperate fully with them in the processing of my
complaint in accordance with their procedures.

-
SIGNATURE OF COMPLAINANT
DocuSigned by:
DATE

-WiUL Hdlms
DCBAACRAFAQ446O
8/28/2023
EXHIB T B

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(.-. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Miami District Office
100 SE 2nd 1500
St, Suite
Miami, FL 33131
(800) 669-4000
Website: www.eeoc.gov

DISMTSSAT, AND XO--C-7,O-7 7-G-=--S

(ThisNotice replacesEEOC FORMS 161, 161-A & 161-B)

Issued On: 02/29/2024

To: Mr. Willie Hollins
1950 N Andrews Ave
WILTON MANORS, FL 33311
Charge No: 510-2023-04560
EEOC Representativeand email: SERGIO MALDONADO
Investigator
[email protected]

DISMISSAL OF CHARGE

The EEOC has granted your request for a Notice of Right to Sue, and more than 180 days have
passed since the filingof this charge.
The EEOC is terminating its processing of this charge.

NOTICE OF YOUR RIGHT TO SUE

This is official notice from the EEOC
of the dismissal of your charge and of your rightto sue. If

you choose to file a lawsuit against the respondent(s)on this charge under federal law in federal
or state court, your lawsuit must be filed WITHIN
90 DAYS
of your receipt of this notice.

Receipt generallyoccurs on the date that you (or your representative) view this document. You
should keep a record of the date you received this notice. Your rightto sue based on this charge
will be lost if you do not file a lawsuit in court within 90 days.(The time limit for filinga lawsuit
based on a claim under state law may be different.)

If you file a lawsuit based on this charge, please sign in to the EEOC Public Portal and upload the
court complaint to charge 510-2023-04560.

On behalf of the Commission,

Digitally Signed By:Evangeline Hawthorne

02/29/2024
Evangeline Hawthorne
Director
CC:
Anna Pesantes
KIRWAN SPELLACY DANNER BROWNSTEIN ROBB
200 South Andrews Avenue, 8th Floor
Fort Lauderdale, FL 33301

Gail Garey
633 South Federal Highway 4th floor
Fort Lauderdale, FL 33301

Daniel H Hunt
Daniel H. Hunt, Attorney at Law
P.O. Box 56095
Miami, FL 33256

Nicole Paredes
nicole@themiamishark. com

Stephanie Chrystal
[email protected]

Please retain this notice for your records.

EXHIB T C

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