UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NUMBER: 1:18-cv-22845-UU JANICE ANTOINE, Plaintiff, vs. CITY OF NORTH MIAMI, a Municipal corporation authorized to do business under the laws of the State of Florida, Defendant. VERIFIED SECOND AMENDED COMPLAINT AND DI FOR JURY TRIAL Plaintiff, JANICE ANTOINE (“Antoine”), files this Second Amended Complaint and sues the Defendant, CITY OF NORTH MIAMI (“City”), for violations of Title VII of the Civil Rights Act of 1964, Title 42 United States Code Section 2000e et seq, based on gender discrimination, based on hostile work environment, quid pro quo sexual harassment, and retaliation, and in support would state as follows: JURISDICTION 1, ‘This Court has jurisdiction over the subject matter of this lawsuit under 28 U.S.C. § 1337 and Title VII of the Civil Rights Act of 1964, Title 42, United States Code, Section 2000e-16. CONDITIONS PRECEDENT 2. All conditions precedent have been met, waived or otherwise excused. Antoine filed a timely Complaint with the EEOC and received a Right to Sue Letter followed by the timely initiation of this lawsuit.VE Ee 3. Venue is proper in the United States District Court for the Southem District of Florida in that the Plaintiff is employed by the City of North Miami, Florida, which is located in Miami-Dade County, Florida, and all of the acts of discrimination took place in this jurisdiction. PARTIES a Antoine, the Plaintiff, has been an employee with the City of North Miami since June 2016. 5. City is a duly Chartered Florida Municipal Corporation in the State of Florida, and at all times material, was engaged in business in Miami-Dade County, Florida. At all times material, City was the employer of the Plaintiff within the meaning of Title VII of the Civil Rights Act of 1964, At all times, Desulme and Bien-Aime had supervisory control over Plaintiff, and City management was aware of the improper treatment and did nothing to prevent it despite Plaintiff's repeated complaints and being fully aware. INTRODUCTION 6. Antoine is a dedicated civil servant with a master’s degree and a wonderful family, who has had her career and dreams destroyed and her life made a living hell by a brutal patter of sexual harassment and discrimination in the City. This included: A. Quid Pro Quo sexual harassment wherein she was terminated, punitively transferred and denied a full-time job because of her reaction to sexual harassment and her refusal (o give in to sexual advances; B. Hostile environment sexual harassment that included sexual assaults, endless harassing phone calls and sexual advances that were so severe and pervasive as to alter her work environment; andC. Retaliation in that the City refused to provide her with full-time employment because of her complaints about sexual harassment and because she filed an EEOC Complaint. THE FACTS ANTOINE STARTS WORK AT THE CITY OF NORTH MIAMI 7. All of these events took place between the Fall of 2016 and the present, 8 Antoine began work in the City on June 6, 2016 as a constituent service aid for the City Council 9. Although she worked primarily for Council Member Desulme (“Desulme”), her duties required her to assist any Council Member who needed assistance and she was so informed by her supervisors 10. City Council Members hire and fire the City Manager in North Miami and hold sway over positions created in the budget and influence personnel decisions in the City. 11. Plaintif?s position was a part-time contract position wherein she was assigned to assist ‘Council Members, including Desulme and other Members of the Council, including Council Member Philippe Bien-Aime (“Bien-Aime”) in carrying out constituent service duties. 12. The City Council Members were delegated the authority to give the Plaintiff direct orders and to determine the conditions of her employment, 13. This authority of City Council Members was condoned by City Management. 14, Plaintiff's goal was always to obtain full-time employment with the City. 15, Unfortunately, her mistreatment based on her female gender began at the City almost immediately when Desulme ordered her to spend her time running personal errands for him that male employees of the City were not asked to perform.