Free Complaint - District Court of California - California

Case 4:07-cv-03944-SBA

Document 1

Filed 08/01/2007

Page 1 of 4

1 2 3 4 5 6 7 8

0;>

<

WILLIAM R. TAMAYO, SBN 084965 DAVID F. OFFEN-BROWN, SBN 063321'~~<,~A7:;;' LINDA S. ORDONIO-DIXON, SBN 172830
U.S. EQUAL EMPLOYMENT San Francisco District Office OPPORTUNITY

",

/'" v '/
"

/<~;(j/,

COMMISSIO:N"';~,~~,o/; / .9.. / "IC,~If't!ZA" . &

350 The Embarcadero, Suite 500 San Francisco, CA 94105-1260 Telephone No. (415) 625-5654 Fax No. (415) 625-5657

'f (~![/1(;> '(I/I~(I,yl" ""I.:

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

9
10

Jcs
,~

11 12

CI~AC1tT'

3944

13 14
15 16 17 18 19 20 21 22 23 24 25 26 27 28

v.

Plaintiff,

COMPLAINT-CIVIL RIGHTS EMPLOYMENT DISCRIMINATION (42 U.S.e. §§ 2000e, et seq.) JURY TRIAL DEMAND

GEORGIA-PACIFIC LLC, Defendant.

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, Fibromya1gia.

JURISDICTION AND VENUE

1.

Jurisdiction of this Court is invoked pursuant to 28 D.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 D.S.C. §12117(a), which incorporates by reference Section

COMPLAINT

Case 4:07-cv-03944-SBA

Document 1

Filed 08/01/2007

Page 2 of 4

1 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 US.c. §2000e-5(f)(1) 2 and (3) and pursuant to Section 102 of the Civil Rights Act of 1991,42 US.c. §1981a. 3 4 5 6 7 8 9 employment practices alleged were and are being committed in Alameda County. 10 11 12 13 United States of America charged with the administration, interpretation, and enforcement of Title I 14 of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 US.C. 15 § 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 US.C. 16 §2000e-5(f)(1) and (3). 17 18 Limited Liability Company, doing business in the State of California, in the County of Alameda, and 19 has continuously had at least fifteen employees. 20 21 engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 US.c.§ 12111(5), 22 and Section 101(7) of the ADA, 42 US.C. § 12111(7), which incorporates by reference Sections 23 701(g) and (h) of Title VII, 42 U.S.c. §§ 2000e(g) and (h). 24 7. 25 Section 101(2) of the ADA, 42 US.c. § 12111(2). 26 27 II II
COMPLAINT

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 FranciscolOakland because the unlawful

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

5.

At all relevant times, Defendant Georgia-Pacific LLC has continuously been a Delaware

6.

At all relevant times, Defendant Georgia-Pacific LLC has continuously been an employer

At all relevant times, Defendant Georgia-Pacific LLC has been a covered entity under

28
2.

Case 4:07-cv-03944-SBA

Document 1

Filed 08/01/2007

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8.

STATEMENT OF CLAIMS 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 Employer, 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 Employer 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 unlawfql employment practices.

25 26 27

C.

Order Defendant Employer 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.

28
COMPLAINT

3.

12

II
..

interest.

II

H.

Award the EEOC its costs in this action.

13 .. II
II II II II II

14 .. II 15 .. II 16 .. II 17 .. II 18 .. II
II

19 II II ..
20 ..
If

Case 4:07-cv-03944-SBA

Document 1

Filed 08/01/2007

Page 4 of 4

1 2

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

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Attorneys for Plaintiff EEOC u. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260 July 31, 2007 u. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L Street, N.W. Washington, D.C. 205Q RONALD COOPER General Counsel Respectfully submitted,

28
COMPLAINT

5.