Case
JS44 (Rev. 1/13 NDGA)
1:14-cv-02568-SCJ-AJB
1-3 Filed 08/08/14 Page 1 of 2
CIVILDocument
COVER SHEET
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)
I. (a) PLAINTIFF(S)
Robert D. Tyler
DEFENDANT(S)
Kia Motors Manufacturing Georgia, Inc.
(b) COUNTY OF RESIDENCE OF FIRST LISTED
COUNTY OF RESIDENCE OF FIRST LISTED
DEFENDANT
County,Tennessee
Tennessee
Rutherford County,
PLAINTIFF Rutherford
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF
LAND INVOLVED
(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND
ATTORNEYS
(IF KNOWN)
E-MAIL ADDRESS)
William M. Clifton III
W. Jonathan Martin II
Joseph M. Murray, Jr.
Constangy Brooks & Smith LLP
PO Box 1975, Macon, GA 31202 (478) 750-8600
[email protected] / [email protected]
[email protected]
Regina S. Molden
Molden & Holley, LLC
Peachtree Center - Harris Tower
233 Peachtree St., N.E., Suite 1245
Atlanta, GA 30303 (404) 324-4500
[email protected]
II. BASIS OF JURISDICTION
III. CITIZENSHIP OF PRINCIPAL PARTIES
(PLACE AN “X” IN ONE BOX ONLY)
(PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF
DEF
PLF
DEF
1 U.S. GOVERNMENT
PLAINTIFF
3 FEDERAL QUESTION
(U.S. GOVERNMENT NOT A PARTY)
1
1
CITIZEN OF THIS STATE
4
4
INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE
2 U.S. GOVERNMENT
DEFENDANT
4 DIVERSITY
(INDICATE CITIZENSHIP OF PARTIES
IN ITEM III)
2
2
CITIZEN OF ANOTHER STATE
5
5
INCORPORATED AND PRINCIPAL
PLACE OF BUSINESS IN ANOTHER
STATE
3
3
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
6
6
FOREIGN NATION
IV. ORIGIN
1 ORIGINAL
PROCEEDING
(PLACE AN “X “IN ONE BOX ONLY)
2 REMOVED FROM
STATE COURT
3 REMANDED FROM
APPELLATE COURT
4 REINSTATED OR
REOPENED
TRANSFERRED FROM
5 ANOTHER DISTRICT
(Specify District)
6 MULTIDISTRICT
LITIGATION
APPEAL TO DISTRICT JUDGE
7 FROM MAGISTRATE JUDGE
JUDGMENT
V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
JURISDICTIONAL STATUTES UNLESS DIVERSITY)
Removal is proper under 28 U.S.C. § 1441(a) because Plaintiff alleges violations of 42 U.S.C. §1981
and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.
(IF COMPLEX, CHECK REASON BELOW)
1. Unusually large number of parties.
6. Problems locating or preserving evidence
2. Unusually large number of claims or defenses.
7. Pending parallel investigations or actions by government.
3. Factual issues are exceptionally complex
8. Multiple use of experts.
4. Greater than normal volume of evidence.
9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed.
10. Existence of highly technical issues and proof.
CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT $
JUDGE
MAG. JUDGE
(Referral)
APPLYING IFP
MAG. JUDGE (IFP)
NATURE OF SUIT
CAUSE OF ACTION
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1:14-cv-02568-SCJ-AJB
Document 1-3 Filed 08/08/14 Page 2 of 2
VI. NATURECase
OF SUIT
(PLACE AN “X” IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK
CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK
150 RECOVERY OF OVERPAYMENT &
ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS
441 VOTING
442 EMPLOYMENT
443 HOUSING/ ACCOMMODATIONS
444 WELFARE
440 OTHER CIVIL RIGHTS
445 AMERICANS with DISABILITIES - Employment
446 AMERICANS with DISABILITIES - Other
448 EDUCATION
CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE
FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
TRACK
462 NATURALIZATION APPLICATION
465 OTHER IMMIGRATION ACTIONS
870 TAXES (U.S. Plaintiff or Defendant)
871 IRS - THIRD PARTY 26 USC 7609
PRISONER PETITIONS - "0" MONTHS DISCOVERY
TRACK
375 FALSE CLAIMS ACT
400 STATE REAPPORTIONMENT
430 BANKS AND BANKING
450 COMMERCE/ICC RATES/ETC.
460 DEPORTATION
470 RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS
480 CONSUMER CREDIT
490 CABLE/SATELLITE TV
891 AGRICULTURAL ACTS
893 ENVIRONMENTAL MATTERS
895 FREEDOM OF INFORMATION ACT
950 CONSTITUTIONALITY OF STATE STATUTES
890 OTHER STATUTORY ACTIONS
899 ADMINISTRATIVE PROCEDURES ACT /
REVIEW OR APPEAL OF AGENCY DECISION
PRISONER PETITIONS - "4" MONTHS DISCOVERY
TRACK
550 CIVIL RIGHTS - Filed by Counsel
555 PRISON CONDITION(S) - Filed by Counsel
FORFEITURE/PENALTY - "4" MONTHS DISCOVERY
TRACK
625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
690 OTHER
OTHER STATUTES - "8" MONTHS DISCOVERY
TRACK
410 ANTITRUST
850 SECURITIES / COMMODITIES / EXCHANGE
OTHER STATUTES - “0" MONTHS DISCOVERY
TRACK
LABOR - "4" MONTHS DISCOVERY TRACK
710 FAIR LABOR STANDARDS ACT
720 LABOR/MGMT. RELATIONS
740 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT
790 OTHER LABOR LITIGATION
791 EMPL. RET. INC. SECURITY ACT
896 ARBITRATION
(Confirm / Vacate / Order / Modify)
PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK
820 COPYRIGHTS
840 TRADEMARK
TORTS - PERSONAL PROPERTY - "4" MONTHS
DISCOVERY TRACK
370 OTHER FRAUD
371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY
OTHER STATUTES - "4" MONTHS DISCOVERY
TRACK
463 HABEAS CORPUS- Alien Detainee
510 MOTIONS TO VACATE SENTENCE
530 HABEAS CORPUS
535 HABEAS CORPUS DEATH PENALTY
540 MANDAMUS & OTHER
550 CIVIL RIGHTS - Filed Pro se
555 PRISON CONDITION(S) - Filed Pro se
560 CIVIL DETAINEE: CONDITIONS OF
CONFINEMENT
TORTS - PERSONAL INJURY - "4" MONTHS
DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY
861 HIA (1395ff)
862 BLACK LUNG (923)
863 DIWC (405(g))
863 DIWW (405(g))
864 SSID TITLE XVI
865 RSI (405(g))
IMMIGRATION - "0" MONTHS DISCOVERY TRACK
REAL PROPERTY - "4" MONTHS DISCOVERY
TRACK
210 LAND CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY
SOCIAL SECURITY - "0" MONTHS DISCOVERY
TRACK
* PLEASE NOTE DISCOVERY
PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK
830 PATENT
TRACK FOR EACH CASE TYPE.
SEE LOCAL RULE 26.3
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK
422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157
VII. REQUESTED IN COMPLAINT:
CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23
JURY DEMAND
YES
DEMAND $_____________________________
NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)
VIII. RELATED/REFILED CASE(S) IF ANY
JUDGE_______________________________
DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES:
(CHECK APPROPRIATE BOX)
1.
2.
3.
4.
PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):
7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.
DISMISSED. This case
IS
IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.
/s/ William M. Clifton III
August 8, 2014
SIGNATURE OF ATTORNEY OF RECORD
DATE
, WHICH WAS
Case 1:14-cv-02568-SCJ-AJB Document 1 Filed 08/08/14 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ROBERT D. TYLER,
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Plaintiff,
v.
KIA MOTORS MANUFACTURING
GEORGIA, INC.,
Defendant.
Civil Action No.
NOTICE OF REMOVAL
TO: The Honorable Judges of the United States District Court for the
Northern District of Georgia
PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. § 1446(a), Defendant
Kia Motors Manufacturing Georgia, Inc. (hereinafter “Defendant”) hereby files
this Notice of Removal of this case to the United States District Court for the
Northern District of Georgia, based upon the following grounds:
1.
Plaintiff filed the instant action in the Superior Court of Fulton
County, Georgia, on July 7, 2014 and the case was assigned Civil Action No.
2014-CV-248600. The lawsuit was served on July 10, 2014. Copies of the Service
of Process Transmittal and Complaint, which are attached hereto as Attachment A,
were served to Glenda Strong, Registered Agent for Defendant, on July 10, 2014.
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Case 1:14-cv-02568-SCJ-AJB Document 1 Filed 08/08/14 Page 2 of 4
2.
The Superior Court in which this action was originally filed lies
within the district and division of the United States District Court in which this
Notice of Removal is filed.
3.
Pursuant to 28 U.S.C. § 1446(b), this notice of removal is filed within
30 days after Defendant’s receipt through service or otherwise of the initial
pleadings (Summons and Complaint) setting forth the claims for relief upon which
this action is based.
4.
This is a civil action as to which this Court would have original
jurisdiction pursuant to 28 U.S.C. § 1331 and is thus one which may be removed to
this Court by Defendant pursuant to the provisions of 28 U.S.C. § 1441(b), to wit:
Plaintiff’s Complaint purports to allege claims retaliation in violation of 42 U.S.C.
§ 1981, and for retaliation for opposing race, age, and gender discrimination in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000e, et seq. By virtue of 28 U.S.C. § 1441(c), upon removal, this Court may
exercise jurisdiction over the remaining claims contained in Plaintiff’s Complaint.
5.
Pursuant to 28 U.S.C. § 1446(d), a Notice of Filing of Notice of
Removal is today being served upon all parties and delivered to the Clerk of the
Superior Court of Fulton County for filing. A copy of said Notice of Filing of
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Case 1:14-cv-02568-SCJ-AJB Document 1 Filed 08/08/14 Page 3 of 4
Notice of Removal is attached hereto as Attachment B (without duplicative
attachments).
WHEREFORE, this case is hereby removed from the Superior Court of
Fulton County to the United States District Court for the Northern District of
Georgia, Atlanta Division.
Respectfully submitted this 8th day of August, 2014.
CONSTANGY, BROOKS & SMITH, LLP
/s/ William M. Clifton III
WILLIAM M. CLIFTON III
Georgia Bar No. 170176
W. JONATHAN MARTIN II
Georgia Bar No. 474590
577 Mulberry Street, Suite 710
P.O. Box 1975
Macon, GA 31202-1975
(478) 750-8600
(478) 750-8686 (facsimile)
[email protected]
[email protected]
JOSEPH M. MURRAY, JR.
Georgia Bar No. 531999
230 Peachtree St., N.W.
Suite 2400
Atlanta, GA 30303
(404) 525-8622
[email protected]
3
Case 1:14-cv-02568-SCJ-AJB Document 1 Filed 08/08/14 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this date, I electronically filed the foregoing NOTICE
OF REMOVAL with the Clerk of Court using the CM/ECF system and served
same upon the following attorneys of record via U.S. Mail, postage prepaid,
addressed as follows:
Regina S. Molden
David Health Williamson
Molden & Holley LLC
Peachtree Center – Harris Tower
233 Peachtree St., N.E., Suite 1245
Atlanta, GA 30303
Dated this 8th day of August, 2014.
CONSTANGY, BROOKS & SMITH, LLP
/s/ William M. Clifton III
WILLIAM M. CLIFTON III
Georgia Bar No. 170176
577 Mulberry Street, Suite 710
P.O. Box 1975
Macon, GA 31202-1975
(478) 750-8600
(478) 750-8686 (facsimile)
[email protected]
4
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 3 of 15
.-;;:~;-.;.;
IN THE SUPERIOR COURT OF FULTON
STATE OF GEORGIA
ROBERT D. TYLER'
Plaintiff,
v.
. KIA MOTORS MANUFACTURING
GEORGIA, INC.,
Defendant.
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...;.-.;';;; . ;:;;'-1 CE
<ffi . ~~~. 11\L.~~:~.t-'-l-
:L0710~
DEPUTY CLERKSLiPEJ"OR COURT
Civil
FULTON .COUNTY. GA
. ilJii'ijeNO ..
JURY TRIAL
DEMANDED
COMPLAINT FOR DAMAGES
COMES NOW, Robert D. Tyler ("Tyler" or "Plaintiff') and through
the undersigned counsel of record, files this Complaint against Kia Motors
Manufacturing Georgia Inc. ("Defendant"), showing the Court as follows:
Jurisdiction
1.
This cause of action is brought due to discrimination on the basis of
retaliation in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights
Act of 1964 as amended, 42 U.S.c. §§ 2000e et seq. (hereinafter. "Title
VII"). The Court has subject matter jurisdiction over this matter.
I
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 4 of 15
2.
Venue is proper in this Court as Defendant has its registered agent for·
service in Fulton County
Parties'
3
At all times material to this action, Plaintiff was a resident of the
State of Georgia and is entitled to bring actions of this type and nature
4
Defendant Kia Motors Manufacturing Georgia, Inc. is a foreign
corporation authorized to do business within the State of Georgia.
Defendant's principal offices are located at 7777 Kia Parkway, West Point,
Georgia, Troup County, 31833. Defendant maybe served upon its registered
agent for service of process, CT Corporation System, at 1201 Peachtree
Street Northeast, Atlanta, Georgia 30361.
5.
Defendant, at all times relevant to Plaintiff's claims, was Plaintiff's
employer.
2
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 5 of 15
Factual Allegations
6
Plaintiff is a former employee of Defendant who had been employed
with Defendant since September 17,2007, when Plaintiff was hired by the
Director of Human Resources and Administration for Defendant, Randy
Jackson (" Jackson").
7.
During all relevant times discussed herein, Plaintiff worked for
Defendant in the Human Resources department, where Plaintiffs duties
included hiring and recruitment of employees, administration of
compensation and benefits, policy development and implementation for
hourly and salaried employees, conflict resolution, corrective action,
performance management, communications, and supplier support.
8.
In order to facilitate his duties with Defendant, Plaintiff frequently
maintained electronic documents in duplicate file folders and on his home
computer to ensure they would be available if ever needed for recovery for
historical purposes, .continuous improvement, or for best practice
development;. and to ensure they were available for work to be perfolmed
off-site or at home ..
3
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 6 of 15
9.
. Jackson was aware of Plaintiff's maintenance ·of electronic documents·
in duplicate file folders and on his home computer and never protested or
attempted to dissuade Plaintiff from continuing this practice.
10.
During the term of his employment with Defendant, Plaintiff
consistently received pay increases and promotions based on the exemplary
work Plaintiff performed;
11.
Around the time of Plaintiff's hiring, (approximately late September
2007) Jackson informed Plaintiff that he "had to make sure [Plaintiff]
controlled the number of African Americans who were hired."
12.
Jackson informed Plaintiff that "he could not let [Defendant] get into
the same situation as their sister plant, Hyundai, in Montgomery, Alabama",
meaning that the sister plant had approximately 60% African Americans
working among tl).e hourly production and maintenance workforce and the
Korean executives did not want the percentage of African American
employed with Defendant to reach that level.
4
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 7 of 15
13.
As a result ofthis discussion, Plaintiff had to regularly report on the
percentage of African Americans versus white team members employed
with Defendant at least once per quarter.
14.
Sometime inlate 2009, Plaintiff was approached by Jackson, who
informed Plaintiff that the Korean executives who worked for Defendant
Corporation did not want to hire any production candidates who were 50
years old or older.
15.
Plaintiffresponded to Jackson that discrimination against older
workers was illegal, to which Jackson responded "we have to follow the
direction that was given by the Koreans, specifically Kevin Kim (Senior
Manager ofHR and Training) and K.S. Kim (Vice President of
,
Administration).
16.
As a result of these directions by Jackson, Plaintiff was forced to
. maintain a Pre-Employment Candidate Review Chart, which included
. categories for sex, race, and age, and those factors were usedto determine
who would receive preliminary job offers.
5
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 8 of 15
17.
Plaintiff was also forced to adhere to directives from Defendant's
Korean executives which denied recommendations for employment for
female salaried professionals based solely on their gender.
18.
As a result of these directiv~s, a female employee directly under
Plaintiff in the HUilliin Resources department, Andrea Gogel ("Gogel"), was
denied the designation Head of Team ReIa:tions upon Team Relations split
from Human Resources. At the time of the split, Gogel was considered an
.
.J
acting Head of Section for Team Relations, but when Team Relations
became a separate department, Gogel did not get the "automatic"
designation, whereas Gogel's male counterparts in other departments did.
19.
On or around September 29, 2010, Plaintiffsubmitted a fourteen page
Report ofConcems (the "Report") to Defendant's Korean executives in
which Plaintiff detailed his concerns regarding the illegal and unethical
hiring practices of Defendant, which included race, age, and gender
discrimination.
6
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 9 of 15
Upon reviewing the Report, Defendant's managers indiCated that they
were only interested in reviewing "only a few" ofthe allegations Plaintiff
made.
21.
Upon learning of Defendant's limited interest in the allegations
Plaintiff set forth in the Report, Plaintiff filed a complaint with the Equal
Employment Opportunity Commission (the "EEOC") in November, 2010.
22.
Following the filing of his complaint with the EEOC, Plaintiff was
sent home on December 16, 2010.
23.
Plaintiff was officially terminated from Defendant's employment on
January 6, 2011.
COUNT ONE
RETALIATION IN VIOlLATION OF TITLE VII
24.
Plaintiff reincorporates the above allegations herein by reference.
7
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 10 of 15
25.
Plaintiff has brought his claim within 90 days of receipt of his EEOC
. Right to Sue Letter.
26.
Plaintiff has met all,jurisdictional requirements to filing his
Retaliation claims ..
27.
Defendant was Plaintiffs "employer" as that term is defmed under 42
U.S.C. § 2000 et seq at the time of the allegations set forth in this Complaint.
28.
Defendant's retaliation against Plaintiff was on account of his
submission of the Report, participation in the EEOC charge filing process,
and because of Plaintiffs opposition to discrimination to race, age, and
gender discrimination in violation of 42 U.S.c. § 1981. But for Plaintiffs
acts' of submitting the Report and filing an EEOC Charge, Plaintiff would
not have been terminated.
29.
Defendant engaged in unlawful retaliation against Plaintiff, in
violation of 42 U.S.C. § 2000e et seq., Title VII of the Civil Rights Act of
1964, as amended by the Civil Rights Act of 1991.
8
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 11 of 15
30.
Defendant's retaliatory conduct, m violation of Title VII, caused
Plaintiff to suffer a loss of pay, benefits, andpfestige .
. 31.
Defendant's intentional and illegal conduct caused Plaintiff to suffer
mental and emotional distress entitling him to compensatory and punitive
damages pursu~nt t042 U.S.c. -§ 1981. .
COUNT TWO
RETALIATION FOR OPPOSING RACE, AGE, AND GENDER
DISCRIMINATION IN VIOLATION OF TITLE vn
32.
Plaintiff reincorporates the above allegations herein by reference.
33.
Following Plaintiff s internal complaints of race, age, and gender
discrimination arid his filing ofan EEOC Charge, Defendants prohibited
Plaintiff from continuing his practice of maintaining electronic documents in
duplicate file folders'Imd on his home computer, despite the fact this practice
was not previously discouraged and was essential to Plaintiffs duties.
9
"r"" .•..
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 12 of 15
34.
Defendant's proffered reason for tenninating Plaintiff was itself
protected activity. Plaintiffs tennination occurred less than two months after
Plaintiff filed his EEOC Charge and was casually connected to the filing of
the EEOC Charge, in that 1) because Plaintiff filed a Charge, he was forced
to sign an agreement not to discuss the pending Charge or "similar claims";
anA 2) Defendant fired Plaintiffbeca1:lse they believed Plaintiff had
downloaded and emailed documents in violation of an agreement that was
imposed solely because Plaintiff had filed a Charge with the EEOC.
35.
Defendant's reason for tenninating Plaintiffs employment was itself
retaliation for protected activity under the participation clause of Title VII's
anti-retaliation provisions and violated Plaintiffs right to engage in
protected activity.
36.
Defendant: s retaliation against Plaintiff was on account of Plaintiff s
participation in the EEOC charge filing.process and because of Plaintiffs
opposition to discrimination based on race, age, and gender in violation of
42 U.S.C. § 1981. But for Plaintiffs act of filing an EEOC Charge, Plaintiff
10
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 13 of 15
would not have been terminated ..
37.
As
a: result of Defendant's unlawful conduct, Plaintiff has suffered
mental and emotional distress'in an amount to be determined at trial by the
enlightened conscience of an impartial jury. Plaintiff has also suffered lost
wages and the benefit of employment, which Plaintiff seeks to recover from
.
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Defendant.
WHEREFORE, Plaintif{respectfully prays for judgment against
Defendant as follows:
(a)
That this Court declare that Defendant's actions, policies,
and practices complained of herein violate the rights of
Plaintiff as secured by Federal law;
(b)
Defendant be permanently enjoined from future
discriminatory acts relative to discrimination based on
age oTrace, and for opposing such discrimination;
(c)
Defendant beordered to pay Plaintiff, back pay in an amount to
compensate Plaintiff for lost wages;
(d)
Defendant be ordered to reinstate Plaintiff to an equivalent or
.greater position as that held by Plaintiff at the time of his
11
Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 14 of 15
termination;
(e)
Defendant·be ordered to compensate, reimburse and make
whole Plaintiff for all the benefits Plaintiff would have received
had it not been for Defendant's illegal actions, including but not
limited to pay, benefits, insurance costs,training, promotions
and seniority;
(f)
Plaintiff be awarded compensatory damages;
(g)
Plaintiffbe awarded pUnitive damages;
(h)
Plaintiff recover reasonable attorney's fees including litigation
expenses and costs;
(i)
Plaintiff recoverinterest on the back pay at the legal rate; and
Such other relief as the Court deems proper and just.
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Case 1:14-cv-02568-SCJ-AJB Document 1-1 Filed 08/08/14 Page 15 of 15
Jury Demand
Plaintiff herein requests trial by jury of all issues in this action.
Respectfully submitted this
::;J
day of July, 2014.
MOLDEN & HOLLEY,
LLC
.j)~~~
Regina S. Molden
Georgia Bar No. 515454'
David Heath Williamson
Georgia Bar No. 448218
Peachtree Center - Harris Tower
233 Peachtree Street, N.E. Suite 1245
Atlanta, Georgia 30303
Telephone: (404) 324-4500
Facsimile: (404) 324-4501
Email: [email protected]
Attorneys for Plaintiff
13