University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Dynamic Medical Services, Inc. EE-FL-0162
Docket / Court 1:13-cv-21666KMW ( S.D. Fla. )
State/Territory Florida
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
On May 8, 2013, the EEOC filed suit in U.S. District Court for the Southern District of Florida under 42 U.S.C. § 1981 and 42 U.S.C. § 2000 against Dynamic Medical Services, Inc. The EEOC brought the matter on behalf of several salespeople employed by Dynamic Medical Services, a medical and ... read more >
On May 8, 2013, the EEOC filed suit in U.S. District Court for the Southern District of Florida under 42 U.S.C. § 1981 and 42 U.S.C. § 2000 against Dynamic Medical Services, Inc. The EEOC brought the matter on behalf of several salespeople employed by Dynamic Medical Services, a medical and chiropractic practice, and asked the court for injunctive and monetary relief on their behalf. Plaintiffs alleged disparate treatment based on religion and a hostile working environment. Three named employees later intervened in the case as plaintiffs on their own behalf, alleging retaliation under Florida state law.

Specifically, the complaint alleges that the salespeople at Dynamic Medical Services were coerced into adopting Scientology religious views and practices. The complaint states that they were required to attend weekly meetings consisting of Scientology readings and practices and coerced into attending meetings at the local Church of Scientology; one plaintiff alleges a retaliatory firing for not doing so. Examples of Scientology practices here include screaming at an ashtray and staring silently at another person for eight hours.

In filing a motion to dismiss for failure to state a claim, defendants argued that the Scientology practices in question were actually business training methods, and thus not the basis for a claim under the Civil Rights Act. Further, defendants contended that plaintiffs failed to allege that employees articulated sincerely held religious beliefs in conflict with the practices or provide evidence of disparate treatment.

On December 20, 2013, the District Court (Judge Kathleen M. Williams) issued a consent decree approving a settlement in the case. Dynamic Medical Services agreed to pay $170,000 in compensatory damages and consented to a variety of injunctive measures, including development of policies of nondiscrimination, accommodation, and reporting. The District Court retained jurisdiction to enforce this decree for four years.

Eric Cole - 03/09/2015
- 03/09/2015


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Implement complaint/dispute resolution process
Provide antidiscrimination training
Recordkeeping
Reporting
Retaliation Prohibition
Discrimination-area
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis
Religion discrimination
EEOC-centric
Direct Suit on Merits
Private Party intervened in EEOC suit
General
Disparate Treatment
Pattern or Practice
Retaliation
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
42 U.S.C. § 1981
Defendant(s) Dynamic Medical Services, Inc.
Plaintiff Description EEOC and plaintiff-intervenors (salespeople for a medical & chiropractic practice)
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2017
Case Closing Year 2017
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:13-cv-21666KMW (S.D. Fla.) 12/20/2013
EE-FL-0162-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 05/08/2013
EE-FL-0162-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 10/04/2013
EE-FL-0162-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Consent Decree and Dismissing Case 12/08/2013 (S.D. Fla.)
EE-FL-0162-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Dynamic Medical Services To Pay $170,000 To Settle EEOC Religious Discrimination Lawsuit 12/23/2013
EE-FL-0162-0004.pdf | Detail
Document Source: EEOC.gov
Judges Williams, Kathleen Mary (S.D. Fla.)
EE-FL-0162-0003 | EE-FL-0162-9000
Monitors/Masters None on record
Plaintiff's Lawyers Andre, Beatriz Biscardi (Florida)
EE-FL-0162-0001 | EE-FL-0162-9000
Lee, James L. (District of Columbia)
EE-FL-0162-0001
Lopez, P. David (District of Columbia)
EE-FL-0162-0001
Martinez, Ana Consuelo (Florida)
EE-FL-0162-9000
McCoy-Cruz, Kimberly A. (Florida)
EE-FL-0162-0001
Palma, Zandro E. (Florida)
EE-FL-0162-0002 | EE-FL-0162-9000
Reams, Gwendolyn Young (District of Columbia)
EE-FL-0162-0001
Saenz, Ruben Martin (Florida)
EE-FL-0162-9000
Weisberg, Robert E. (Florida)
EE-FL-0162-0001 | EE-FL-0162-0003 | EE-FL-0162-0004
Defendant's Lawyers Buckstein, Brian D. (Florida)
EE-FL-0162-9000
Doherty, Kevin (New York)
EE-FL-0162-9000
Lindeman, Devora L. (New York)
EE-FL-0162-9000
Weitzman, Allan H. (Florida)
EE-FL-0162-9000
Other Lawyers None on record

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