Free Motion to Amend/Correct - District Court of California - California

Case 4:07-cv-03944-SBA

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WILLIAM R. TAMAYO, SBN 084965 DAVID F. OFFEN-BROWN, SBN 063321 LINDA S. ORDONIO-DIXON, SBN 172830 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 Telephone No. (415) 625-5654 Fax No. (415) 625-5657 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. GEORGIA-PACIFIC CORRUGATED LLC, JURY TRIAL DEMAND Defendant. CIVIL ACTION NO. AMENDED COMPLAINT- CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.C. §§ 2000e, et seq.)

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AMENDED COMPLAINT

NATURE OF THE ACTION This is an action under Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of disability and to provide appropriate relief to Charging Party Janet Stege who was adversely affected by such practices. The Commission alleges that Ms. Stege was unlawfully denied a reasonable accommodation of her disability, Fibromyalgia.

JURISDICTION AND VENUE 1. 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 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §12117(a), which incorporates by reference Section

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706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §2000e-5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were and are now being committed within

the state of California, County of Alameda, City of San Leandro which is within the jurisdiction of this court.

INTRADISTRICT ASSIGNMENT 3. This action is appropriate for assignment to San Francisco/Oakland because the unlawful

employment practices alleged were and are being committed in Alameda County.

PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission (EEOC), is the agency of the

United States of America charged with the administration, interpretation, and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(1) and (3). 5. At all relevant times, Defendant Georgia-Pacific Corrugated LLC (Defendant) has

continuously been a Delaware Limited Liability Company, doing business in the State of California, in the County of Alameda, and has continuously had at least fifteen employees. 6. At all relevant times, Defendant Georgia-Pacific Corrugated LLC has continuously been an

employer engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.§ 12111(5), and Section 101(7) of the ADA, 42 U.S.C. § 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. §§ 2000e(g) and (h). 7. At all relevant times, Defendant Georgia-Pacific Corrugated LLC has been a covered entity

under Section 101(2) of the ADA, 42 U.S.C. § 12111(2). // //
AMENDED COMPLAINT

2.

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AMENDED COMPLAINT

STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Charging Party Janet Stege filed

a charge with the EEOC alleging violations of Title I of the ADA by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least April of 2004, Defendant has engaged in unlawful employment practices at its

San Leandro, California facility in violation of Section 102(a) and (b)(5)(A) of the ADA, 42 U.S.C. § 12112(a) and (b)(5)(A). Specifically, Defendant refused to provide a reasonable accommodation to Ms. Stege based on her disability, Fibromyalgia. 10. The effect of the practices complained of in paragraph 9 above has been to deprive Ms. Stege

of equal employment opportunities and otherwise to adversely affect her status as an employee because of her disability. 11. The unlawful employment practices complained of in paragraph 9 above were and are

intentional. 12. The unlawful employment practices complained of in paragraph 9 above were and are done

with malice and/or reckless indifference to the federally protected rights of Ms. Stege.

PRAYER FOR RELIEF WHEREFORE, the EEOC respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns,

and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of disability. B. Order Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities for qualified individuals with disabilities, and which eradicate the effects of its past and present unlawful employment practices. C. Order Defendant to make whole Ms. Stege, by providing appropriate lost income with

prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices. 3.

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D.

Order Defendant to make whole Ms. Stege by providing compensation for past and

future pecuniary losses resulting from the unlawful employment practices described above, including medical expenses, with interest, in amounts to be determined at trial. E. Order Defendant to make whole Ms. Stege by providing compensation for past and

future non-pecuniary losses resulting from the above unlawful employment practices, including pain and suffering, emotional distress, indignity, loss of enjoyment of life, loss of self-esteem, and humiliation, in amounts to be determined at trial. F. Order Defendant to pay Ms. Stege punitive damages for its malicious and reckless

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

AMENDED COMPLAINT

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AMENDED COMPLAINT

JURY TRIAL DEMAND The EEOC requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted,

RONALD COOPER General Counsel U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 20507 January 25, 2008 _______________________________ WILLIAM R. TAMAYO Regional Attorney _______________________________ DAVID F. OFFEN-BROWN Supervisory Trial Attorney ______________________________ LINDA ORDONIO-DIXON Senior Trial Attorney Attorneys for Plaintiff EEOC U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260

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