Complaint for Employment Discrimination

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF

DIVISION

JURY TRIAL DEMAND

COMPLAINT

COMES NOW the Plaintiffs hereinabove listed, and sues the Defendant, and for this cause of action would most respectfully show unto this Court the following facts, to wit:

PARTIES

1. The Plaintiff, , is an adult resident citizen of , whose address is , , .

2. The Plaintiff, , is an adult resident citizen of , whose address is , , .

3. The Plaintiff, , is an adult resident citizen of , whose address is , , .

4. The Plaintiff, , is an adult resident citizen of , whose address is , , .

5. The Plaintiff, , is an adult resident citizen of , whose address is , , .

6. The Plaintiff, , is an adult resident citizen of , whose address is , , .

7. The Plaintiff, , is an adult resident citizen of , whose address is , , .

8. The Plaintiff, , is an adult resident citizen of , whose address is , , .

9. The Plaintiff, , is an adult resident citizen of , whose address is , , .

10. The Plaintiff, , is an adult resident citizen of , whose address is , , .

11. The Plaintiff, , is an adult resident citizen of , whose address is , , .

12. The Plaintiff, , is an adult resident citizen of , whose address is , , .

13. The Plaintiff, , is an adult resident citizen of , whose address is , , .

14. The Plaintiff, , is an adult resident citizen of , whose address is , , .

15. The Plaintiff, , is an adult resident citizen of , whose address is , , .

16. The Plaintiff, , is an adult resident citizen of , whose address is , , .

17. The Plaintiff, , is an adult resident citizen of , whose address is , , .

18. The Plaintiff, , is an adult resident citizen of , whose address is , , .

19. The Plaintiff, , is an adult resident citizen of , whose address is , , .

20. The Plaintiff, , is an adult resident citizen of , whose address is , , .

21. The Plaintiff, , is an adult resident citizen of , whose address is , , .

22. The Plaintiff, , is an adult resident citizen of , whose address is , , .

23. The Plaintiff, , is an adult resident citizen of , whose address is , , .

24. The Plaintiff, , is an adult resident citizen of , whose address is , , .

44. The Defendant is a corporation, doing business at , , , and further at , , . The Defendant may be served with process by service upon its registered agent, , , , .

JURISDICTION AND VENUE

45. This action is brought pursuant to 29 USC §201, et.seq. (Fair Labor Standards Act), 29 USC §206 (Equal Pay Act of 1963), and 42 USC §2000e, et.seq (Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991). Jurisdiction is founded upon 28 USC §1331 and 28 USC §1343, and the previously mentioned statutory provisions. Plaintiff further invokes the pendent jurisdiction of this Court to hear and decide claims arising under State law.

FACTUAL SITUATIONS

46. At all relevant times, the Plaintiffs were employees within the meaning of the Equal Pay Act of 1963 and the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991.

47. At all relevant times, the Defendant was an employer within the meaning of the Equal Pay Act of 1963 and the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991.

48. The Defendant employs both male and female employees at its facilities in and . However, female employees, particularly the Plaintiffs herein, have been and are being paid wages at a rate less than the rate at which said Defendant pays employees of the opposite sex for equal work on jobs, the performance of which entails equal skill, effort under similar working conditions.

49. The Plaintiffs, each and severally filed a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC"). The EEOC issued a Right-to-Sue to each Plaintiff on . By the filing of the EEOC Charges and the receipt of the Right-to-Sue letters, all administrative prerequisites have been met prior to the filing of this litigation.

CAUSES OF ACTION

50. The Defendant has violated numerous federal and states laws in the unlawful and blatant disparate treatment of its female employees, particularly the Plaintiffs herein. The Plaintiffs have been the victim of sex discrimination in that the Defendant willfully paid the female Plaintiffs less than male employees for performing jobs of equal skill, responsibility and effort under similar working conditions. The actions of the Defendant referenced above are in violation of the Fair Labor Standards Act, the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991. The Defendant's actions were arbitrary and unreasonable and the Defendant exhibited ill will, malice, improper motive, and indifference to the Plaintiffs’ civil rights.

51. The Plaintiffs would further assert that the Defendant has retaliated against a number of the Plaintiffs by laying them off after the Equal Employment Opportunity Commission notified the Defendant that the forty-three Plaintiffs listed hereinabove filed Charges of discrimination and were granted a Right-to-Sue upon request of their attorney.

DAMAGES

52. The Plaintiffs, each and severally, have suffered compensatory damages due to the willful, wanton, outrageous, malicious, unlawful, and improper actions of the Defendant.

54. In addition, the Plaintiffs, each and severally, sue the Defendant for punitive damages for Defendant's willful, wanton and grossly negligent conduct in violation of Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991, cited as 42 USC §2000, et.seq.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, the Plaintiffs bring this suit and demand a judgment of, from and against the Defendant as follows:

WHEREFORE, the Plaintiffs, each and severally, respectfully pray for the following relief against the Defendant:

A. Compensatory damages in an amount to be determined by this Court.

B. Punitive damages in an amount to be determined by this Court.

C. Back pay in an amount to be determined by this Court.

D. Front pay in an amount to be determined by this Court.

E. Reinstatement to positions wherein certain Plaintiffs have been released from employment.

F. Reasonable attorney’s fees and all costs of this court.

G. Such other general and special relief as appears reasonable and just in this cause.