Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

Case 1:08-cv-00011-GMS
EEOC Form 5 (5101)

Document 16

Filed 01/29/2008
Charge Presented To: FEPA

Page 1 of 1
Agency(ies) Charge No(s):

CHARGE OF DISCRIMINATION
This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form.

L:Llki k'
Delaware Department of Labor
State or local Agency, if any Name (indicate Mr., Ms., Mrs.)

EEOC

530-2007-01113 and EEOC

Home Phone (Incl. Area Code)

Date of Birth

Ms. Aronda D. Brookins
Street Address City, State and ZIP Code

(302) 995-1227

108 Chestnut Avenue , Apt. 2, Wilmington , DE 19805
Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against Me or Others. (if more than two, list under PARTICULARS below.)
Name No. Employees, Members Phone No. (include Area Code)

RED CLAY CONSOLIDATED SCHOOL DIST .
Street Address City, State and ZIP Code

500 or More

(302) 636-8772

2916 Duncan Road , Wilmington, DE 19808
Name No. Employees, Members Phone No. (Include Area Code)

Street Address

City, State and ZIP Code

DISCRIMINATION BASED ON (Check appropriate box(es).) RACE u COLOR u AGE SEX 1-1 RELIGION F-] NATIONAL ORIGIN

DATE(S) DISCRIMINATION TOOK PLACE Earliest Latest

03-10-2006

03-10-2006

FRI

RETALIATION

u DISABILITY

u OTHER (Specify below.) u CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):

I believe I have been subjected to unlawful discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended . I am a Black Female . I was employed with Respondent as a secretary . I left Respondent after being employed for five years and was re -hired September 19, 2005. Upon being re-hired a background investigation was conducted and returned to Respondent on or about October 2005. My employment continued until I complained about what I felt was among other things an unfair distribution of work and work assignments. Respondent advised me that I was being terminated because of a criminal conviction from approximately 17 years ago. The information contained in the background investigation was not entirely accurate and a corrected version was presented to Respondent. The information contained in my background investigation Respondent failed to reinstate my employment based upon the updated information which I provided. In addition, the criminal conviction is beyond ten years and is not directly related to the job. Further, upon information and belief, Mike Teal (w/m) has a criminal conviction as well as a white female secretary. The decision to terminate was made by Deborah Davenport. I alleged that Respondent took the action because of my race and in retaliation for my complaining about inequitable distribution of work and type of work assignment.

I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. I declare under penalty of perjury that the above is true and correct.

NOTARY - When necessary for State and Local Agency Requirements

I swear or affirm that I have read the above charge and that it is true to the best f my knowledge, information and belief.
SIGNAT E-OF, C,OMP NT ,

Jan 11, 2007
Date Charging Party Signature

SUBSC 4^1 )NV P'PK(i01^^RE ME THIS DATE 1 (month, ,-y V- (1 -t 1113 "J- d

u/nP

Case 1:08-cv-00011-GMS
EEOC Form 5 (5101)

Document 16-2

Filed 01/29/2008
Charge Presented To: FEPA

Page 1 of 1
Agency(ies) Charge No(s):

CHARGE OF DISCRIMINATION
This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form.

L:Llki k'
Delaware Department of Labor
State or local Agency, if any Name (indicate Mr., Ms., Mrs.)

EEOC

530-2007-01113 and EEOC

Home Phone (Incl. Area Code)

Date of Birth

Ms. Aronda D. Brookins
Street Address City, State and ZIP Code

(302) 995-1227

108 Chestnut Avenue , Apt. 2, Wilmington , DE 19805
Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against Me or Others. (if more than two, list under PARTICULARS below.)
Name No. Employees, Members Phone No. (include Area Code)

RED CLAY CONSOLIDATED SCHOOL DIST .
Street Address City, State and ZIP Code

500 or More

(302) 636-8772

2916 Duncan Road , Wilmington, DE 19808
Name No. Employees, Members Phone No. (Include Area Code)

Street Address

City, State and ZIP Code

DISCRIMINATION BASED ON (Check appropriate box(es).) RACE u COLOR u AGE SEX 1-1 RELIGION F-] NATIONAL ORIGIN

DATE(S) DISCRIMINATION TOOK PLACE Earliest Latest

03-10-2006

03-10-2006

FRI

RETALIATION

u DISABILITY

u OTHER (Specify below.) u CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):

I believe I have been subjected to unlawful discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended . I am a Black Female . I was employed with Respondent as a secretary . I left Respondent after being employed for five years and was re -hired September 19, 2005. Upon being re-hired a background investigation was conducted and returned to Respondent on or about October 2005. My employment continued until I complained about what I felt was among other things an unfair distribution of work and work assignments. Respondent advised me that I was being terminated because of a criminal conviction from approximately 17 years ago. The information contained in the background investigation was not entirely accurate and a corrected version was presented to Respondent. The information contained in my background investigation Respondent failed to reinstate my employment based upon the updated information which I provided. In addition, the criminal conviction is beyond ten years and is not directly related to the job. Further, upon information and belief, Mike Teal (w/m) has a criminal conviction as well as a white female secretary. The decision to terminate was made by Deborah Davenport. I alleged that Respondent took the action because of my race and in retaliation for my complaining about inequitable distribution of work and type of work assignment.

I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. I declare under penalty of perjury that the above is true and correct.

NOTARY - When necessary for State and Local Agency Requirements

I swear or affirm that I have read the above charge and that it is true to the best f my knowledge, information and belief.
SIGNAT E-OF, C,OMP NT ,

Jan 11, 2007
Date Charging Party Signature

SUBSC 4^1 )NV P'PK(i01^^RE ME THIS DATE 1 (month, ,-y V- (1 -t 1113 "J- d

u/nP