Free Complaint - District Court of California - California

Case 3:07-cv-04893-JSW

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MARY DRYOVAGE (CA SBN 112551) Law Offices of Mary Dryovage 600 Harrison Street, Suite 120, San Francisco, CA 94107 Telephone: 415 593-0095 Fax: 415 593-0096 Email: [email protected] Attorney for Plaintiff ARROLENE C. BURRELL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. ARROLENE C. BURRELL, Plaintiff, COMPLAINT - EMPLOYMENT DISCRIMINATION BASED ON RACE/COLOR AND REPRISAL JURY TRIAL REQUESTED

11 12 v. 13 14 15 Defendants. 16 17 I. 18 19 20 21 22 23 24 25 26 27 28 1. This action is brought by Plaintiff ARROLENE C. BURRELL (hereafter "BURRELL"), an employee of the U.S. DEPARTMENT OF VETERANS AFFAIRS, employed by R. JAMES NICHOLSON, SECRETARY FOR THE U.S. DEPARTMENT OF VETERANS AFFAIRS, (hereafter "Defendant", "VA" OR "NICHOLSON") for employment discrimination based on her race/color (African-American/Black) and reprisal, by forcing out all African-American managers into retirement and/or lower status position without legitimate justification, demotion from Chief Social Work Service and replacement by a person with a fake-Ph.D from an unaccredited university, downgrading of her performance rating, reassignment of her position, denial of within grade increase, hostile work environment and constructive discharge/forced retirement.
Burrell v. Nicholson, Secretary of Dept. of Veterans Affairs Complaint - Employment Discrimination

R. JAMES NICHOLSON, SECRETARY FOR THE U.S. DEPARTMENT OF VETERANS AFFAIRS,

NATURE OF THE ACTION

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2.

This action is brought under the Civil Rights Act of 1964, 42 U.S.C. §2000e-16 et seq. as

amended (Title VII) and the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, et seq. Plaintiff seeks backpay, front pay and compensatory damages, as well as a declaratory judgment and injunction to restrain defendant employer from committing prohibited personnel practices, policies, customs and usages, from discriminating and retaliating against plaintiff and other employees of the Department of Veteran Affairs based on their race/color and/or reprisal. Plaintiff seeks injunctive relief requiring defendant employer to take affirmative and effective steps to remove and otherwise discipline managers who have failed to comply with Title VII. Plaintiff seeks injunctive relief requiring the defendant employer to take specific actions designed, implemented and confirmed by qualified non-government consultants to ensure that all supervisory employees are adequately trained to identify, investigate and stop situations and complaints. Such specific actions, include, but are not limited to: a. allocation of significant funding and trained staff to implement all changes within two years; b. removal or demotion of all managers who have violated the agency's policies and failed to meet their legal responsibility to promptly investigate complaints or to take effective action to stop and deter prohibited personnel practices against employees; c. establishing and strictly measuring EEO compliance as a critical element in every manager's performance standards; d. creating a process for the prompt investigation of harassment and reprisal complaints separate from the agency's process; e. mandatory and effective training for all employees and managers on discrimination and reprisal issues, investigations and appropriate corrective actions; and f. eliminating the backlog of current EEO cases alleging discrimination, harassment and reprisal.

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II. JURISDICTION AND VENUE The jurisdiction of this Court is based upon the Civil Rights Act of 1964, 42 U.S.C.

§2000e-16 et seq., 28 U.S.C. Section 1331, 1337, 1343, 1345 and 2401(a), which grant district courts jurisdiction over actions alleging unlawful and discriminatory employment practices by federal agencies and provides for judicial review of cases involving race discrimination and reprisal. Many of the unlawful practices alleged in this complaint occurred in the County of San Francisco, which is situated in the Northern District of California. III. PLAINTIFF Plaintiff ARROLENE C. BURRELL, DOB 1/6/1950, is an African-American/Black

female who was employed by the U.S. DEPARTMENT OF VETERANS AFFAIRS since 1975, and as Chief of Social Work Service, GM-13, beginning 1993. Her performance was satisfactory or better, at all times material to this action. She was constructively terminated from the U.S. DEPARTMENT OF VETERANS AFFAIRS, on or around October 15, 2005. IV. DEFENDANT Defendant R. JAMES NICHOLSON, SECRETARY FOR THE U.S. DEPARTMENT OF

VETERANS AFFAIRS, is the head of an executive agency within the meaning of the Civil Service Reform Act of 1978, 5 U.S.C. 1065 and the Civil Rights Act, as amended, 42 U.S.C. 2000e-16. As such, defendant has the full responsibility for administration of all programs within the agency, including the employment policies and practices of the DEPARTMENT OF VETERANS AFFAIRS, in all regions and is in a position to create and implement a policy to eliminate and prevent any form of discrimination and reprisal and to provide complete relief for plaintiff. Defendant is sued in his official capacity. V. EXHAUSTION OF REMEDIES On September 20, 2004, Plaintiff ARROLENE C. BURRELL filed the informal EEO

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complaint, alleging discrimination on the basis of her race/color (African American/Black) alleging discrimination based on the removal/change of her position and title, when her GM rating was taken away and she was reassigned to other positions, to wit, she was assigned from the supervision of the Chief of Staff to the Chief of Mental Health in March 2002, and back to the Chief of Staff in September 2002, then to the supervision of Alan Perry, Director of the Fresno VA in June 2003; on September 9, 2003, her title was changed from Supervisory Social Worker, Series 185 to Special Assistant to the Director, Series 301. Agency Report of Investigation (ROI), Tab A-3a. A formal complaint was filed on November 17, 2004 regarding those issues. 7. On October 5, 2004, shortly after learning that plaintiff engaged in protected activity by

filing an informal complaint, Alan Perry, Director of the Fresno VA informed Plaintiff that her former position as Supervisory Social Worker, GS -0185-13/13 would be announced, Vacancy Announcement No. 04-42. See ROI, Tab A-9. Her performance rating was downgraded to "fully successful", and she was given a new position description a few days prior to the close of the rating period and rated according to these new standards for the entire rating period. On February 23, 2005, she filed a formal complaint alleging discrimination on the basis of race/color (African-American/Black) and reprisal re: non-selection for Chief Social Work Service, downgrading of her performance rating, reassignment of her position, denial of within grade increase and constructive discharge/forced retirement. Those complaints were consolidated on February 28, 2005. See ROI, Tab A-9. Brian Hemenway was appointed as investigator in March 2005 and released a Report of Investigation ("ROI"). (Investigative File A-11, Letter to Alan Perry from, dated March 28, 2005) A timely request for hearing was filed and the case was assigned to Administrative Judge Marianna Warmee. Judge Warmee issued a Notice Of Intent To Issue A Decision Without A Hearing on August 15, 2006. On August 25, 2006, Complainant filed an opposition to Notice Of Intent To Issue A Decision Without A Hearing issued on August 15, 2005. 8. On December 23, 2005, BURRELL filed a motion to add a claim of to the issues in the

pending complaints when the Agency BURRELL's working environment so intolerable that she
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was forced to retire. The issue was referred to the Merit Systems Protection Board, who issued a decision finding that it did not have jurisdiction over the claim at which point, it was sent back to the EEOC to be decided together with the other issues in the case. On May 23, 2006, Plaintiff filed a motion to add a claim of hostile work environment based on Agency's harassment, including rekeying her office without prior notice, destroying her personal property and patient files and removing her from her office into another shared office where she did not have the privacy to perform her job, she was given outmoded computer equipment and subjected to ostracism and ridicule. 9. On May 31, 2007, the Defendant filed a motion for partial decision without a hearing and

the Plaintiff timely filed a motion in opposition to the Defendant's partial decision without a hearing. On or around August 24, 2007, Plaintiff received a decision without a hearing from the Office Of Federal Operations of the Equal Employment Opportunity Commission dated August 21, 2007. It has been over 180 days since she filed the formal complaint and there has been no hearing or final agency decision on the original complaint. Plaintiff has fully exhausted her administrative remedies on all claims raised in the administrative process. VI. STATEMENT OF FACTS 10. Plaintiff BURRELL is a member of a protected group based on her race/color and

reprisal for protected activities 11. Plaintiff BURRELL fully exhausted her administrative remedies for EEO Case Nos.

200P-0570-2004104331and 200P-0570-2005101188 Consolidated Cases when the Office of Federal Operations issued a Decision Without A Hearing. 12. ARROLENE BURRELL, served as a social worker for the Department of Veterans

Affairs for 30 years. 13. BURRELL was promoted to Supervisory Social Worker GS-12 in Memphis on October

11, 1987. See ROI, Tab B-1, Burrell affidavit, page 5-6. 14. In 1991, BURRELL was laterally transferred to the Fresno VA as a Supervisory Social

Worker GS-12 and promoted to Chief of Social Work Service. Id. at 6. This position was
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upgraded to a GM-13 in 1993. Id. 15. 16. At all times material to this action, Plaintiff BURRELL was qualified for the position. Id. At all times material to this action, Plaintiff BURRELL performed her duties in a

satisfactory manner. 17. At all times material to this action prior to October 15, 2005, defendant took no

disciplinary action against Plaintiff BURRELL and had no valid documented criticism of her work. 18. Mr. Perry, the same Director of the Fresno VA who led the decentralization of the Social

Work Service branch, gave BURRELL a Special Contribution Award on December 19, 2003 and on December 15, 2004 for Superior Performance in FY 2004. See Declaration of Burrell in Support of Motion to Add Hostile Workplace claim, Exhibit A Special Contribution Award (FY 2003) and Exhibit B, Special Contribution Award for Superior Performance (FY 2004). 19. Ms. Burell had superior performance in her 30 year career with the Department of

Veterans Affairs. See ROI, Tab B-2, Perry affidavit, page 20, 23 and 24. However, Mr. Perry lowered her performance rating to fully successful on December 20, 2004. See ROI, Tab B-2, Perry affidavit, page 17-18. 20. In 2000, Mr. Alan S. Perry, Director of the Fresno VA decentralized the Social Work

Service. See ROI, Tab B-1, Burrell affidavit, page 7. 21. After the de-centralization, BURRELL's title remained Chief, Social Work Service or

Chief Social Worker and performed the other functions for the Chief, Social Work Service or Chief Social Worker position until September, 2004. Id. BURRELL also continued to provide supervision of the social work staff. Id. However, after the de-centralization, BURRELL's staff was reassigned and her hiring authority was curtailed. Id. 22. In 2004, Mr. Perry re-centralized the Social Work Service. Id. The non-African-American

former Service Chiefs were reinstated in their former positions. 23. On August 23, 2004, Mr. Perry changed BURRELL's position description and

also changed her occupation code from Series 0185 (Supervisor Social Work) to Staff Assistant, Office of Director Series 0301 (misc administration)See ROI, Tab B-1, Burrell affidavit, page 12.
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BURRELL was not given any reason, based on misconduct or performance, for her demotion. 24. On September 9, 2004, the Agency provided BURRELL with yet another position

description that conformed to the occupation code from Series 0185 (Supervisor Social Work), yet her title was changed from Supervisory Social Worker to Social Worker. See e-mail from Pat A. Hillsgen, Chief of Human Resources, to Carolyn Hughes dated March 18, 2005. 25. The Agency removed three other African American chiefs from their supervisory

positions during this de-centralization. Agency removed the supervisory duties of Dr. Dorythea Williams, Chief of Speech and Audiology and William Youngblood, Director of the Home Base Primary Care. See ROI, Tab B-2, Perry affidavit, page 14. Mike Blathers, the African American Chief of Police and Security Service, is also not serving in a supervisory capacity the Fresno VA. 26. During this decentralization process however, Caucasian chiefs were allowed to

retain their supervisory status. Ms. Catherine Crowe, Chief of Prosthetics was allowed to retain her supervisory duties. See ROI, Tab B-2, Perry affidavit, page 14. Ms. Crowe's position was not announced as a vacancy and she did not have to compete to keep her title or supervisory duties. See ROI, Tab B-1, Burrell affidavit, page 21-22. Similarly, the Agency allowed Dr. Matthew Bautista (Caucasian male), Chief of Psychology Service, to retain his title of supervisory psychologist and to retain his supervisory duties. Id. Dr. Bautista did not have to compete for his position either. Id. 27. On September 20, 2004, BURRELL filed an informal complaint of discrimination based

on age (DOB January 1950) race/color (Black/African American) based on her change of position and series. (See ROI, Tab A-3a, EEO Counselor's Report-200P-570-2004104331). EEO Counselor Vickye E. Gammage interviewed Mr. Perry regarding the complaint and because the Agency offered no resolution, BURRELL was given her final interview on October 20, 2007. A formal complaint was filed on November 17, 2004 regarding those issues. See ROI. 28. On October 6, 2004, the Agency announced a vacancy for Complainant's position

as Chief, Social Work Service. (See ROI, Tab C-7, Vacancy Announcement 04-42). 29. The DEPARTMENT OF VETERANS AFFAIRS selected Carolyn Hughes, a Caucasian

woman, to replace BURRELL on December 30, 2004 as Chief, Social Work Service GS-0185Burrell v. Nicholson, Secretary of Dept. of Veterans Affairs Complaint - Employment Discrimination

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13. Id. at 10-13. Ms. Hughes had no experience or training in the Department of Veterans Affairs social work. (See ROI, Tab C-9, Selectee's Application for Vacancy Announcement 04-42). The sole reason provided for hiring Ms. Hughes was that she had a Ph.D. from an unaccredited university. Under the DEPARTMENT OF VETERANS AFFAIRS regulations, a degree from an unaccredited university, as defined by the U.S. Department of Education website, is not recognized. 30. Ms. Hughes did not have sufficient time in grade at the lower level of GS-12, to qualify

for the GS-13 position under the DEPARTMENT OF VETERANS AFFAIRS regulations. 31. Mr. Perry also has shown a pattern of hiring less qualified Caucasian candidates

over African American employees. Around July 1999, Mr. Perry appointed Ms. Lisa Rogers (Caucasian), as acting Chief of Human Resources and later selected her as the chief. (See ROI, Tab B-1, Burrell affidavit, page 27). Mr. Perry did not select Ms. Marva Rogers (African American) for that position despite the fact that Ms. Rogers had multiple years of experience in human resources. Id. Also around November 1999, Mr. Perry disregarded the selection panel's recommendation to hire Ms. Estella Murray (African American), a GS-14 Chief of Food and Nutrition from Long Beach VA, who applied to be the GS-13 Chief of Food and Nutrition at the Fresno VA. (See ROI, Tab B-1, Burrell affidavit, page 28). Mr. Perry hired a Caucasian candidate, Ms. Catherine Moynihan, who interviewed for the position . Id. The interviewing panel did not recommend Ms. Moynihan. Id. Also Ms. Moynihan had no experience as a chief of a division that would make her better qualified than Ms. Murray for the position. Id. 32. After the decentralization, the Agency continued to provide performance appraisals of

Caucasian employees such as Ms. Crowe and Dr. Bautista, on Executive Career Field, VA form 3482-E, which is used to evaluate mid-managers and supervisors' performance. (See ROI, Tab B-1, Burrell affidavit, page 26). However, BURRELL was evaluated on VA-Form 0750, which was used to evaluate non-supervisors. Id. and (See ROI, Tab B-2, Perry affidavit, page 20-21). 33. On February 5, 2005, BURRELL was reassigned to work under the supervision

of Carolyn Hughes, Chief, Social Work Service, effective February 7, 2005. (See ROI, Tab B-1, Burrell affidavit, page 37). She was then subjected to a series of hostile actions taken by Ms.
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Hughes with Mr. Perry's knowledge and ratification (Investigative File, A-1, Examination of Burrell, pp. 45; Correction Sheet, p. 24; Investigative File C-14, Supplemental Declaration of Burrell, including 17 pages plus supporting documentation), which include the rekeying of her office without prior notification (id.); Hughes came into her office while she was working and asked for the key on her wrist (id.); BURRELL's possessions were suddenly removed from her office when she was on sick leave without prior notification (id.); her office was destroyed when Hughes instructed VA employees to throw away many of her personal possessions, documentation needed for her job, and work files (id. Supp. Decl. p. 16 and Exhibit K-1, K-2, K-3, K-4); moving her to a small shared office with outmoded equipment (id.); assigned denigrating work (id.); treated with complete and utter disrespect (id.). 34. On February 5, 2005, BURRELL was reassigned to work under the supervision

of Carolyn Hughes, Chief, Social Work Service, effective February 7, 2005. (See ROI, Tab B-1, Burrell affidavit, page 37). She was then subjected to a series of hostile actions taken by Ms. Hughes with Mr. Perry's knowledge and ratification (Investigative File, A-1, Examination of Burrell, pp. 45; Correction Sheet, p. 24; Investigative File C-14, Supplemental Declaration of Burrell, including 17 pages plus supporting documentation). 35. On May 27, 2005, Mr. Perry changed BURRELL's title from Supervisory Social

Worker GM-13 to Social Worker GS-13. BURRELL was issued a Form 50 re: reassignment from Social Worker GM-13 rating and replacement with GS-13 rating. (See Investigative File C15, Memo dated May 27, 2005 from Chief, Human Resources to Burrell, and Form 50, Notification of Personnel Action, dated May 27, 2005). 36. On September 14, 2005, Ms. Hughes provided BURRELL a thirty day Performance

Assistance Plan, which had an effective date of September 9, 2005. See Agency Response in Support of Notice of Intent to Issue a Decision without a Hearing dated May 31, 2006, Ex 3 (Declaration of Appellant Arrolene Burrell Re: Constructive Discharge/Forced Resignation Claim), pg 9. This notification failed to provide BURRELL any opportunity to respond to the allegations set forth in the Performance Assistance Plan. Id. at 10. 37. The Performance Assessment Plan was given to BURRELL four days prior to

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the date of her within grade increase (WIGI) from GS-13, Step 9 to GS-13, Step 10. Id. at 10. This was in violation of the VA/AFGE Master Agreement contract which states that notice of denial of WIGI and opportunity to improve must be given 60 days prior to the effective date. Id. Because of this policy violation, on September 18, 2005, BURRELL was given a within grade increase by the Agency. Id. at 11. However, the next pay period ending in October 15, 2005, the Agency retracted the WIGI. Id. In spite of BURRELL's exemplary performance for thirty years, the Agency gave BURRELL a negative performance rating and placed her on a performance assessment plan in September 2005 which lead to a denial of her within grade increase. See Agency Response in Support of Notice of Intent to Issue a Decision without a Hearing dated May 31, 2006, Ex 3 (Declaration of Appellant Arrolene Burrell Re: Constructive Discharge/Forced Resignation Claim), pg 9-10. 38. On September 27, 2005, BURRELL submitted a medical certification statement

and requested advance sick leave. Id. Although BURRELL had 228.75 hours of annual leave and 77.75 sick leave remaining, she was placed on AWOL on September 26, 2007 and was placed on LWOP from September 27, 2005 until October 25, 2005. Ex 1, Memo from Carolyn Hughes to Arrolene Burrell dated October 3, 2005 and Ex 2, CSRS Benefit Estimate Report, Arrolene Burrell dated October 25, 2005. The medical certification from BURRELL's treating physician was rejected without explanation and the Agency notified her that she would be placed on AWOL or LWOP status unless she requested FMLA leave. Id. Meanwhile, BURRELL's health condition, that is blood pressure and stress, worsened and her physician directed her not to return to work until her health improved. Id at 15-16. 39. The Agency constructively discharged BURRELL when it unilaterally discontinued her

pay for Pay Period 20. Id. at Attachment A, Ex F-2. Because the VA curtailed BURRELL's paycheck and denied her medical leave, she was led to believe that the Agency would remove her from federal service and take away her retirement. Id. at 16. Therefore, on October 25, 2005, BURRELL went to the VA Human Resources Department to explore the option of filing her retirement and retired from federal service on October 25, 2007. Id. 40. In 2007, two years after BURRELL constructively terminated by the Defendant, the

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DEPARTMENT OF VETERANS AFFAIRS threatened to deduct additional money from BURRELL's retirement pay. Plaintiff was never notified of the specific reasons for such deductions despite repeated requests from the Plaintiff for an itemized account of the deductions. 41. Defendant, the DEPARTMENT OF VETERANS AFFAIRS sent notification of the

alleged overpayment caused by the WIGI award being given to BURRELL for one pay period to the Department of the Treasury, Internal Revenue Service, causing that money to be deducted from her income tax return in violation of federal regulations. The Defendant, the DEPARTMENT OF VETERANS AFFAIRS has admitted that this was done in error, after repeated inquiries from her Congressional Representative's Office, Mr. Nunez. VII. FIRST CLAIM (UNLAWFUL DISCRIMINATION BASED ON RACE/COLOR) 42. Paragraphs 1 through 41 above are hereby incorporated by reference as though fully set

forth in this claim. 43. Defendant has unlawfully discriminated against Plaintiff BURRELL based on her

race/color (African-American/Black), in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.§ 2000e-16 et seq. as amended. 44. Plaintiff BURRELL is a member of a protected group based on her race/color (African-

American/Black). 45. Defendant treated Plaintiff BURRELL less favorably than similarly situated employees

who are not African-American/Black. 46. Defendant has discriminated against Plaintiff BURRELL in the terms and conditions of

her employment on the basis of her protected group status, in violation of Title VII. 47. Defendant has a pattern and practice of using the investigative process and other

procedures to deny African-American employees assignments, promotions and other employment opportunities on the basis of their race, in violation of Title VII. 48. Defendant has a pattern and practice of failing to prevent supervisors and managers from

creating a hostile work environment and harassing employees African-American employees, in
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violation of Title VII. 49. Plaintiff BURRELL is now suffering and will continue to suffer irreparable injury and

monetary damages as a result of defendants discriminatory practices unless and until the Court grants relief. VIII. SECOND CLAIM (UNLAWFUL DISCRIMINATION BASED ON REPRISAL) 50. Paragraphs 1 through 49 above are hereby incorporated by reference as though fully set

forth in this claim. 51. Defendant has retaliated against Plaintiff BURRELL , inter alia, by removing her from

the position of Chief of Social Work, non-selecting her for the position of Chief of Social Work, down-grading her performance, placing her on a performance improvement plan, denying her a within grade increase, denying her medical leave and vacation pay that she already accrued, creating a hostile work environment, and threatening to deduct funds from her retirement pay based on her EEO complaint alleging discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.§ 2000e-16 et seq. as amended. 52. Defendant, through her agents, Plaintiff's supervisors, were aware that Plaintiff

BURRELL filed EEO complaints to raise issues regarding harassment based on her age/race/color (over 40, African-American/Black). 53. Defendant has a pattern and practice of using the EEO process and other procedures to

deny employees who engage in protected activities assignments, promotions, benefits and other employment opportunities in reprisal, in violation of Title VII and the ADEA. 54. Defendant's actions toward Plaintiff BURRELL and other employees who engage in

protected activity constitutes a violation of 29 C.F.R. 1614, Title VII of the Civil Rights Act of 1964, as amended. 55. Plaintiff BURRELL is now suffering and will continue to suffer irreparable injury and

monetary damages as a result of defendants retaliatory practices unless and until the Court grants relief.
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IX. PRAYER FOR RELIEF WHEREFORE, Plaintiff ARROLENE C. BURRELL respectfully prays that this Honorable Court grant the following relief: 1. Issue a permanent injunction to defendant U.S. DEPARTMENT OF VETERANS AFFAIRS: a. Requiring defendant NICHOLSON to abolish race discrimination and

reprisal at the U.S. DEPARTMENT OF VETERANS AFFAIRS; b. Requiring allocation of significant funding and trained staff to implement

all changes within two years; c. Requiring removal or demotion of all managers who have violated the

agency's policies and failed to meet their legal responsibility to promptly investigate complaints or to take effective action to stop and deter prohibited personnel practices against employees; d. Establishing and strictly measuring EEO compliance as a critical element

in every manager's performance standards; e. Creating a process for the prompt investigation of harassment and reprisal

complaints separate from the agency's process; f. Requiring mandatory and effective training for all employees and

managers on discrimination issues, investigations and appropriate corrective actions; and, g. Eliminating the backlog of current EEO cases alleging discrimination,

and harassment. Issue an order requiring Defendant to retroactively restore Plaintiff to one of the

positions to which she was entitled by virtue of her application and qualifications, and expunge her personnel file of all negative documentation. 3. For such damages, including back pay, front pay and benefits, overtime

compensation as plaintiff is entitled to under Title VII and in amounts to be proven at trial,
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including liquidated damages as allowed under 29 U.S.C. § 216(b) and prejudgment interest as appropriate; 4. For other and further damages, including compensatory damages for plaintiff's

emotional distress, as may be proven at trial; 5. For an order commanding defendant to cease and desist from any employment

practice which discriminates against plaintiff or others on the basis of race/color; 6. For an award of costs of suit including reasonable attorney's fees, including fees

under 29 U.S.C. § 216(b); and 7. For such other and further relief as the Court may consider just and proper. Respectfully submitted, Law Offices of Mary Dryovage DATED: September 20, 2007 By: /s/ _______________________________________ MARY DRYOVAGE Attorney for Plaintiff

13 14 15 16 17 18 19 20 DATED: September 20, 2007 21 22 23 24 25 26 27 28 By: jury.

DEMAND FOR TRIAL BY JURY Plaintiff hereby demands a jury trial for each claim herein for which she has a right to a

Respectfully submitted, Law Offices of Mary Dryovage /s/ _______________________________________ MARY DRYOVAGE Attorney for Plaintiff

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ARROLENE BURRELL, Plaintiff, v. R. JAMES NICHOLSON, SECRETARY OF DEPARTMENT OF VETERANS AFFAIRS, Defendant.

Docket No.

CERTIFICATE OF SERVICE

6 7 I am a citizen of the United States and have an office in the County of San Francisco; I 8 am over the age of eighteen years and not a party to the above-entitled action; my address is 600 9 Harrison Street, Suite 120, San Francisco, CA 94107 10 On September 20, 2007, I served the within COMPLAINT, SUMMONS, CIVIL COVER 11 SHEET, on the parties in said action by MAILING a true copy thereof enclosed in a sealed 12 envelope, first class postage fully prepaid to the following address: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Burrell v. Nicholson, Secretary of Dept. of Veterans Affairs Complaint - Employment Discrimination

R. JAMES NICHOLSON, U.S. DEPARTMENT OF VETERANS AFFAIRS 810 Vermont Ave NW Washington, D.C. 20420 Certified Mail No. 7003 3110 0001 4475 5807 U. S. ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, Main Building, Room 51 10th and Constitution Ave. N.W. Washington, D.C. 20530 Assistant U.S. Attorney Civil Division- 9th Floor 450 Golden Gate Avenue San Francisco, CA 94102

Certified Mail No. 7003 3110 0001 4475 5814

via hand delivery

I declare under penalty of perjury that the foregoing is true and correct and was executed on September 20, 2007 at San Francisco, California.

________________________________

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