Lezak v. TigerDirect, Inc.

Filing 1

COMPLAINT against TigerDirect, Inc.. Filing fee $ 350.00 receipt number 113C-4174442, filed by Steven Lezak. (Attachments: # 1 Summon(s), # 2 Civil Cover Sheet)(Mazaheri, Bernard)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
_______-CivCase No. _______-Civ-_______
STEVEN LEZAK,
LEZAK,
Plaintiff,
v.
INC.,
TIGERDIRECT, INC., d/b/a
COMPUSA
Defendant.
__________________________________/
COMPLAINT & JURY DEMAND
The Plaintiff, Steven Lezak (“Lezak”), sues Tigerdirect, Inc. d/b/a
CompUSA (“TDI”) for religious discrimination pursuant to 29 Title VII of the
Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42
U.S.C. §§ 2000e to 2000e-17, and in support of states as follows:
1. Steven Lezak (“Lezak”) is a Florida resident.
2. Tigerdirect, Inc. (“TDI”) d/b/a CompUSA is a Florida corporation
with a principal place of business in Miami-Dade County, State of Florida.
3. The principal place of business for TDI is 7795 W. Flagler St.
Miami, Florida 33144.
4. TDI employs more than fifteen (15) employees.
5. TDI engages in commerce.

1

6. The Court has jurisdiction over Lezak’s complaint pursuant to 28
U.S.C. § 1331 as Lezak brings an action arising under the laws of the United
States.
7. Lezak filed a charge of discrimination with the Equal Employment
Opportunity Commission (EEOC) within 180 days of suffering an adverse
employment action because of his religion.
8. The EEOC issued Lezak a right to sue on August 25, 2011.
9. TDI was put on notice of Lezak’s religious discrimination claim as
early as November 2008.
10. Lezak files suit within 90 days of receiving his right to sue letter
from the EEOC.
11. On November 12, 2008 Lezak called TDI d/b/a CompUSA, located
at 7802 South Orange Blossom Trail Orlando, FL 32809.
12. Lezak interviewed with the store manager, Keith Geiman.
13. Lezak satisfactorily completed the interview.
14. Lezak called Geiman on November 13, 2008.
15. Geiman told Lezak that he would not be hired because he could
not work from Friday night to Saturday night.
16. Lezak reiterated to Geiman that he was unable to work from
Friday sundown to Saturday sundown due to a sincere religious need.
17. Lezak is an Orthodox Jew.

2

18. Lezak notified TDI that he would be available during the week and
all Sundays, as well as all non-Jewish holidays.
19. Geiman told Lezak that TDI would not hire Lezak, because he
could not work from Friday sundown to Saturday sundown.
20. Lezak notified TDI of the discrimination he suffered.
21. Lezak informed TDI that observance of the Sabbath was not a
personal preference as TDI stated, but rather a sincerely held religious belief,
protected by law.
22. TDI told Lezak this is Florida, an at-will state and there is no
requirement to accommodate.
23. TDI stated that working Friday nights and Saturdays was
compulsory.
24. Lezak was qualified for the position he applied for.
25. TDI knew Lezak was an Orthodox Jew.
26. TDI knew that Lezak could not work on Friday nights and
Saturdays because of a sincerely held religious belief.
27. TDI refused to accommodate Lezak.
28. TDI failed to hire Lezak because of his sincerely held religious
beliefs and practices.
29. TDI violated Title VII by refusing to hire Lezak.
30. Lezak demands trial by jury.

3

Wherefore, Lezak demands employment, back pay, interest, front pay
if employment is not granted, compensatory damages, punitive damages, all
equitable relief the Court deems appropriate, attorneys’ fees and costs.
Respectfully submitted this 24th day of October 2011,

/s/ Bernard R. Mazaheri
Bernard R. Mazaheri
Florida Bar Number 643971
Morgan & Morgan
6824 Griffin Road
Davie, Florida 33314
Telephone – [phone]
Facsimile – [phone]
Email – [e-mail]
Attorney for Plaintiff

4