Complaint for Employment Discrimination

COMPLAINT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF (NAME OF STATE)

DIVISION

COMES NOW (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendant, (Name of Defendant), and in support thereof would show unto the Court the following matters and facts:

1. This is an action for damages based on an unlawful employment practice committed by Defendant, (name of defendant), and jurisdiction of this Court is invoked pursuant to the provisions of Title VII of the Civil Rights Act of 1964, § 706(f) (42 U.S.C.A. § 2000e-5(f)).

2. The claims asserted in this Complaint arose in this District and Division. Plaintiff is a citizen of the United States, and was a resident of the County of (name of county), State of (name of state), during the course of his employment with Defendant.

3. Defendant is a corporation organized and existing under the laws of the state of , with its principal office located at (street address, city, state, zip code).

4. Plaintiff brings this action pursuant to the provisions of Title VII of the Civil Rights Act of 1964, §§ 704(a) and 706(g) (42 U.S.C.A. § 2000e-3(a), 42 U.S.C.A. § 2000e-5(g)), for damages to compensate him for the economic loss and other damages caused by Defendant's unlawful employment practice committed against Plaintiff because Plaintiff was a member of African-American race. Plaintiff was hired by Defendant on or about (date), and began work for Defendant on or about (date). Because of the continuing discrimination and harassment Plaintiff was forced to leave Defendant's employ on (date). Defendant's actions constituted constructive discharge.

5. Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) on (date), charging Defendant with specific acts of discrimination and harassment, thus complying with § 706(b), of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e-5(b)).

6. On (date), Plaintiff filed a complaint with the Equal Employment Opportunity Commission (EEOC) at (name of city), (name of state). This complaint was filed with the EEOC after a period of 60 days had elapsed from the time he had originally filed with the EEOC and within 300 days after the unlawful employment practice occurred. The Defendant's practice in violation of Title VII of the Civil Rights Act of 1964 continued to occur with respect to Plaintiff and others up until (date), when Plaintiff left Defendant's employment. These occurrences are sufficient to satisfy the jurisdictional prerequisites of § 706(d) (42 U.S.C.A. § 2000e-5(d)).

7. On (date), the EEOC served the charge on Defendant.

8. Plaintiff was employed in the (name of division) of Defendant as a (name of position).

9. Defendant employs approximately (number of persons) persons at its plant at (street address, city, state, zip code), of whom about (number) are African-American.

10. The lowest level of management and supervisory personnel at such plant are the forepersons. A foreperson is replaced on certain occasions by what is termed a spell-foreperson.

11. Forepersons for Defendant are selected from two sources: management trainees and production employees who have served as spell-forepersons. Thus, to advance in the organization a production employee must first become a spell-foreperson.

12. Spell-forepersons are chosen from production employees who have been recommended by their supervisor based on a subjective evaluation of ability and performance.

13. Defendant's method of selecting spell-forepersons is a primary source of discrimination that has resulted in an unfair denial of advancement opportunities to members of the African-American race and particularly this Plaintiff. The regular foreperson is usually asked to make a recommendation, then supervisors make the selection on the basis of a subjective analysis of leadership qualities, past record, reaction of other employees, etc. No objective standards are used for this purpose. This training program, coupled with the fact that all but one of Defendant's regular forepersons were Caucasian, constitutes a self-perpetuating situation in which African-Americans are seldom, if ever, objectively considered for the position of spell-foreperson.

14. Plaintiff worked for Defendant from (date) to (date). Plaintiff's record of employment is good during that period and indicates a consistent pattern on behalf of Plaintiff to improve himself and to establish his qualifications for advancement. Plaintiff's work record clearly indicates he was qualified to serve as a spell-foreperson and to at least become eligible for consideration as a foreperson. Yet, due to the inherently discriminatory system of promotion used and approved of by Defendant, Plaintiff was never made a spell-foreperson in over (number) years of work for Defendant.

15. Due to Defendant's wrongful job advancement practice, Plaintiff was ignored for consideration as a spell-foreperson, while Caucasian employees with less seniority and education, and with no higher qualification than Plaintiff, were being made spell-forepersons. As a result, Plaintiff became increasingly dissatisfied with his job and made complaints to his supervisors, who failed or refused to consider Plaintiff's grievances, all of which constituted further discrimination against Plaintiff. All of the above-described conduct resulted in the constructive discharge of Plaintiff from which Plaintiff seeks recovery of damages.

16. Plaintiff also alleges that after the charge against Defendant was served by the EEOC on (date), EEOC has endeavored to eliminate the unlawful practices by informal methods of conference, conciliation, and persuasion, but such conciliatory efforts have failed. On or about (date), Plaintiff received notice of such failure in the form of a written letter pursuant to § 706(e) of Title VII (42 U.S.C.A. § 2000e-5(e)) from the EEOC which gave Plaintiff notice of the right to institute civil action within 90 days after receipt of notice.

17. As a direct and proximate result of Defendant's acts, Plaintiff has suffered economic and other loss. Plaintiff has devoted a substantial portion of his work life to the employment of Defendant. Due to age, Plaintiff has lost all possibility of obtaining the rights which attached to seniority on jobs and possible retirement benefits. Plaintiff has also suffered great economic harm in that for the (number) years he was employed by Defendant this job advancement policy resulted in a continuing discrimination, despite Plaintiff's efforts to achieve and advance.

18. Because of the damages sustained, Plaintiff is entitled to such affirmative relief as may be appropriate, including, but not limited to, lost wages and lost retirement benefits pursuant to the provisions of Title VII Civil Rights Act of 1964, § 706(g) (42 U.S.C.A. § 2000e-5(g)).

WHEREFORE, Plaintiff requests that:

1. The Court enjoin Defendant's continuing unlawful employment practice;

2. The Court grant Plaintiff a judgment against Defendant of $ as damages in this case together with such other relief as the Court deems appropriate;

3. The Court award Plaintiff a reasonable attorney's fee; and

4. The Court award the Plaintiff costs and such other and further relief as appears just and equitable in the circumstances.

Respectfully submitted,

OF COUNSEL:

(Name of Plaintiff’s Attorney)

Post Office Box

Telephone: