IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION FIONA OLMAN, Plaintiff, vs. Case No. FULL MOON SPORTS, INC., Defendant. COMPLAINT AND DEMAND FOR IURY TRIAL Preliminary Allegations 1. ,This is an action based upon the Civil Rights Act of 1964, 42 U.S.C. 2000 et seq. ("Title VII\") and the Age Discrimination in Employment Act, 29 U.S.C. 623[a)[1) et seq. ("ADEA"). 2. This court has jurisdiction over all Title VII and ADEA claims under 28 U.S.C. 1331. The court also has diversity jurisdiction based on 28 U.S.C. 1332. The Plaintiff is a citizen of Florida, Defendant Full Moon is incorporated in Delaware with its principal place of business in Georgia, and the Plaintiff seeks more than $75,000 in damages, exclusive of interest and costs, from the Defendant. Parties 3. Full Moon Sports, Inc. ("Full M oon") is a Delaware corporation that owns and operates retail sporting goods stores throughout the United States. Full M oon's principle place of business is in Georgia. It is a wholly-owned subsidiary of Mizar, Inc. 4. Fiona Olman, age 49, is currently the manager of the kayak department at Full Moon Outdoor Center,a retail sporting goods store located in Jacksonville, Florida. Full Moon Outdoor Center is owned by defendant, Full Moon Sports, lnc.01man has been an . employee at Full Moon's Jacksonville store since 1997. She has served as manager of the store's kayak department since 2005. General Allegations 5. Fiona Olman began working at the Jacksonville store in 2002. She became manager of the store's kayak department in 2005. 6. Fiona Olman is an able. valuable employee and an accomplished sea kayaker, guiding many of the store's tours. 7. In 2006, Full Moon was acquired by Mizar. Mizar made numerous changes in Full Moon's management and began advertising and selling "extreme\" sporting goods in many Full Moon stores. 8. Mizar made numerous changes in Full Moon's management and began advertising and selling "extreme\" sporting goods in many Full Moon stores. 9. In September of 2009, Sid Shockley, age 32, became the manager of the extreme sports department. 10. Also in September of 2009, Harrington "Barry\" Balboa was hired as the assistant to the store manager. Balboa generally abbreviates his title to \"assistant store manager." 11. Since Sid Shockley became the manager of the extreme sports department, his actions, Balboa's actions, and the actions of other young male employees have been consistently sexist and ageist in nature, thus negatively transforming the store's culture. a. When they rst met, Balboa made a direct offensive remark to Olman; ridiculing her age and questioning her suitability as an employer at Full Moon. Shockley was present at this time and blatantly condoned Balboa's offensive remark Immediately following the event described in paragraph 11[a), Shockley openly opined that the store's hiring policy should prioritize physical attractiveness as an exclusive criterion when hiring females. During the six weeks following Balboa's hiring, Shockley and Balboa negatively inuenced other male employees. increasing the frequency and degree of offensiveness in the work environment at Full Moon. In the course of employment, Shockley and Balboa routinely verbaliae offensive sexual remarks about female customers. Many of the younger male employees follow Shockley and Balboa's lead and also engage in the same reprehensible behavior. Many of these offensive comments are made in Olman's presence. On one occasion, Olman verbally reprimanded two of her younger male subordinates for offensive remarks and asked Shockley to sign a formal written reprimand. Shockley responded with a refusal and a degrading reference to Olman's age. i. On another occasion, in the course of assisting Olman with the moving of a kayak display, Balboa made an offensive comment regarding Olman's tness as an employee, with a derogatory reference to her mature age. Balboa has expressed the sentiment on multiple occasions. This particular incident occurred on the same day as the events described in paragraph 11 [h]. j. On another occasion, Olman found a handwritten numerical ranking of the store's female employees during her lunch break The ranking was displayed on a whiteboard generally used for ofcial store announcements. Olman's name appeared penultimately, accompanied by derogatory comments about her age and level of physical attractiveness. This highly inappropriate use of the whiteboard, meant to be a professional forum, lends to the intentional and pervasive nature of the disruptive conduct. ' 12. The offensive and reprehensible behavior described in paragraph 11 caused Fiona Olman to feel extremely uncomfortable, a sentiment shared by other female employees at Full Moon's Jacksonville store. 13.The disruptive work environment at F 111] Moon's Jacksonville store has caused Olman to dread going to work, and at times feel physically ill. 14.01man has attempted to bring her concerns to the attention of Bruce Belcher, the regional manager of Full Moon. During a recent visit by Belcher to the Jacksonville store, Olman brought to his attention the negative changes taking place at Full Moon's Jacksonville store. Belcher promptly and categorically rejected her concerns and expressed no interest in further investigation. ' COUNT ONE: Hostile Work Environment under Title VII [Fiona Olman vs. Full Moon) 15. Plaintiff Fiona Olman re-alleges paragraphs 5'14. 16. The previously described discriminatory behavior of Full Moon against Olman because of her sex altered the conditions of her employment and created a hostile work environment in violation of the Civil Rights Act of 19 64, 42 U.S.C. 2000 et seq. Therefore, Plaintiff Fiona Olman demands judgment in the form of: 1. Granting an injunction enjoining Defendant from engaging in any future behavior which discriminates based on an employee's sex. 2. Awarding punitive damages, attorney's fees, and any other relief the court deems appropriate. COUNT TWO: Disparate Treatment under the ADEA (Fiona Olman vs. Full Moon) 17. Plaintiff Fiona Olman re-alleges paragraphs 5-14. 18. The previously described discriminatory behavior of Full Moon against Olman because of her age altered the conditions of her employment in violation of the Age Discrimination Employment Act, 29 U.S.C. $ 623 et seq. Therefore, Plaintiff Fiona Olman demands judgment in the form of: 1. Granting an injunction enjoining Defendant from engaging in any future behavior which discriminates based on an employee's age. 2. Awarding punitive damages, attorney's fees, and any other relief the court deems appropriate. Jury Demand Plaintiff Fiona Olman demands a jury trial on all claims. Respectfully submitted, Dated: September 25, 2011