Free Case Transferred In - District Transfer - District Court of California - California

Case 3:07-cv-04809-CRB

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WILLIAM R. TAMAYO #084965 (CA) DAVID F. OFFEN-BROWN #063321 (CA) RAYMOND T. CHEUNG #176086 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260 Telephone: (415) 625-5649 Facsimile: (415) 625-5657 [email protected] Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) )

12 v. 13 AT&T, Inc., dba SBC Yellow Pages, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Defendant.

CIVIL ACTION NO. COMPLAINT DEMAND FOR JURY TRIAL

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race, and to provide appropriate relief to June Riddick who was adversely affected by such practices. The Plaintiff Equal Employment Opportunity Commission alleges that Defendant AT&T, Inc., dba SBC Yellow Pages denied Ms. Riddick, an African-American employee, promotion opportunities due to her race. JURISDICTION AND VENUE Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343

and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.
EEOC v. AT&T, Inc., dba SBC Yellow Pages CIV-

Case 3:07-cv-04809-CRB

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INTRADISTRICT ASSIGNMENT The employment practices alleged to be unlawful were committed in Defendant's

San Francisco office, which is in the County of San Francisco and within the jurisdiction of the United States District Court for Northern California, San Francisco Division. PARTIES Plaintiff, the Equal Employment Opportunity Commission (the "Commission" or

"EEOC"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant, AT&T, Inc., dba SBC Yellow Pages (the

"Employer"), a Delaware Corporation, has continuously been doing business in the State of California and the City of San Francisco, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000e(b), (g) and (h). STATEMENT OF CLAIMS More than thirty days prior to the institution of this lawsuit, June Riddick filed a

charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about February 2003, Defendant Employer engaged in unlawful

employment practices at it northern California facilities, in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1). The unlawful employment practices included, but are not limited to, denying Ms. Riddick a promotion on the basis of her race. 8. The effect of the practice(s) complained of in paragraph 7 above has been to

deprive June Riddick of equal employment opportunities and otherwise adversely affect her status as an employee and a promotion applicant, because of her race. 9. intentional.
EEOC v. AT&T, Inc., dba SBC Yellow Pages CIVPage 2

The unlawful employment practices complained of in paragraph 7 above were

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10.

The unlawful employment practices complained of in paragraph 7 above were

done with malice or with reckless indifference to the federally protected rights of June Riddick. PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers,

successors, assigns, and all persons in active concert or participation with it, from engaging in disparate treatment in its hiring and promotion selection and any other employment practice which discriminates on the basis of race. B. Order Defendant Employer to institute and carry out policies, practices, and

programs which provide equal employment opportunities for African-American employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant Employer to make whole June Riddick, by providing appropriate

backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to promotion of June Riddick. D. Order Defendant Employer to make whole June Riddick, by providing

compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to employee benefits, plus interest, in amounts to be determined at trial. E. Order Defendant Employer to make whole June Riddick by providing

compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional distress, loss of enjoyment of life and humiliation, in amounts to be determined at trial. F. Order Defendant employer to pay June Riddick punitive damages for its malicious

and reckless conduct described in paragraph 7 above, in amounts to be determined at trial. G. interest. H. Award the Commission its costs in this action.
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Grant such further relief as the Court deems necessary and proper in the public

EEOC v. AT&T, Inc., dba SBC Yellow Pages CIV-

Case 3:07-cv-04809-CRB

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EEOC v. AT&T, Inc., dba SBC Yellow Pages CIV-

JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint.

RONALD COOPER General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel Dated: WILLIAM R. TAMAYO Regional Attorney

Dated: DAVID OFFEN-BROWN Supervisory Trial Attorney

Dated: RAYMOND T. CHEUNG Senior Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office

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