Free Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00795-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) C.A. No.: ) v. ) Trial By Jury Demanded ) WILMINGTON TRUST COMPANY, ) ) Defendant ) COMPLAINT THE PARTIES 1. 2. The plaintiff, Theresa Dolan, is a resident of the State of Delaware. The defendant, Wilmington Trust Company is a corporation organized and THERESA DOLAN,

existing under the laws of the State of Delaware, whose agent for service of process is Wilmington Trust Company, Rodney Square North, 1100 N. Market Street, Wilmington, DE 19801. JURISDICTION 3. Jurisdiction is conferred upon this Court pursuant to the provisions 28 U.S.C.

§§1331 and 1343, in that the matter in controversy arises under the laws of the United States of America. 4. This action is brought pursuant to the provisions of the "Age Discrimination In

Employment Act of 1967", as amended, 29 U.S.C. §621 et.seq. ("ADEA"), and Title VII of the "Civil Rights Act of 1964", 42 U.S.C. §2000e, et.seq. as amended by the "Civil Rights Act of 1891". 5. Accordingly, this Court has jurisdiction over this Title VII matter pursuant to the

provisions of 42 U.S.C. §2000e-59(f)(3), as well as 28 U.S.C. §§1331 and 1334.

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VENUE 6. Venue lies in this Court under the provisions of 28 U.S.C. §1391(b), since the

events that gave rise to the plaintiff's claims took place within the State of Delaware. EXHAUSTION OF REMEDIES 7. Prior to the filing of this action, the plaintiff filed a timely charge of sex and age

discrimination, attached hereto as Exhibit No. 1, simultaneously with the Delaware Department of Labor and the Equal Employment Opportunity Commission, on or about April 4, 2005, alleging discriminatory conduct. 8. On or about September 14, 2007 the Equal Employment Opportunity Commission

issued to the plaintiff a "Dismissal and Notice of Rights", a copy of which is attached hereto as Exhibit No. 2, and this complaint is filed within 90 days of the receipt of such notice. THE FACTS 9. The plaintiff was hired by the defendant in December 1980, originally as a Branch

Office Accountant. 10. During the plaintiff's approximately twenty-five (25) year tenure with Wilmington

Trust, she received numerous promotions and positive evaluations. 11. During 1993 the plaintiff received a promotion to "Division Manager of

Accounting Support" within the "Trust Operations & Systems Development Department". 12. In the position as the "Division Manager of Accounting Support" the plaintiff

supervised approximately fifty (50) employees. 13. While occupying the position of "Division Manager of Accounting Support" the

plaintiff's immediate supervisor was William Farrell, who, at the time of the termination of her employment was forty-seven (47) years of age, and whose title was "Executive Vice-President of

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Corporate Client Services". Within that department, prior to Mr. Ferrell occupying the position, her immediate supervisor was a male employee, who was approximately ten (10) years younger than her. 14. Beginning in the year 2003, the plaintiff's duties were reduced in that her

oversight of authority and degree of responsibility were reduced. 15. The reduction of such responsibilities was evidenced by the fact that she no

longer supervised fifty (50) employees, and was reduced from division manager to section manager with the responsibility of managing only two or three individuals. 16. Her position, with its accompanying duties and responsibilities, were given to an

employee 17 years younger than the plaintiff, whom the plaintiff had recruited, hired and trained. 17. As a result of the reduction in her position, oversight authority, and degree of

responsibility the plaintiff was no longer a part of the distribution list for division managers, division meeting lists, was excluded from meetings, and her recommendations and decisions were overturned. 18. During the process of the plaintiff's reduction in oversight authority and degree of

responsibility the plaintiff was told that she was no longer a part of the business future of the defendant. 19. When the plaintiff's title was changed from Division Manager to Section

Manager, and her oversight authority and her degree of responsibility reduced, the plaintiff suffered financial consequences from those changes in that she was denied incentive payments, stock options, and bonuses, all of which she had received and participated in when her position was as Division Manager.

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20.

The result of the defendant's actions in reducing the plaintiff's oversight authority,

degree of responsibility, and rejecting her participation in the day-to-day operations of her department created a hostile work environment in which no reasonable professional of the plaintiff's experience and rank, would subject themselves to under similar circumstances, with the result that the plaintiff was constructively discharged. 21. During the same period that the plaintiff was a "Division Manager" the defendant

also employed two other division managers within her department, both males, substantially younger than the plaintiff. 22. During the time the plaintiff's oversight authority and responsibilities were

reduced and her title changed from division manager to section manager, the other two division managers, referred to paragraph 21 continued to maintain their same duties and responsibilities, continued to receive incentive payments, stock options, and bonuses, and continued to participate in the department as division managers. 23. As a direct and proximate result of the discriminatory actions of the defendant, the

plaintiff has lost, and in the future will continue to lose income and suffer damage to her earning capacity. 24. That as a further and direct proximate result of the discriminatory actions of the

defendant, the plaintiff has suffered, and will in the future suffer great mental anguish, mental pain and suffering, and embarrassment. COUNT I Discrimination Under 29 U.S.C. §621 et.seq.

25.

The plaintiff incorporates herein and makes a part hereof the allegations contained

in paragraphs 1 through 23.

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26.

The actions of the defendant in reducing the plaintiff's oversight and degree of

responsibility, changing her job title, and denying her incentive pay, stock options, and bonuses, and replacing her by an employee substantially younger than her, constitutes discriminatory conduct based upon her age, in violation of 29 U.S.C. §621 et.seq. COUNT II Discrimination Under 42 U.S.C. §2000e 27. The plaintiff incorporates herein and makes a part hereof the allegations contained

in paragraphs 1 through 25. 28. The actions of the defendant, as described herein were discriminatory against the

plaintiff based upon her sex, being female, in violation of 42 U.S.C. §2000e. WHEREFORE, the plaintiff requests this Court to: a. b. Enter a judgment against the defendant. Enter a declaratory judgment stating that the actions of the defendant are in

violation of plaintiff's rights. c. Enter a judgment against the defendant for compensatory damages, including

economic damages. d. e. Enter a judgment against the defendant for liquidated damages provided. Enter a judgment against the defendant including damages for plaintiff's pain and

suffering, humiliation, embarrassment, and expenses for her personal injuries pursuant to 42 U.S.C. §2000e, et.seq. f. this lawsuit. g. Award such other and further relief as this Court deems just and appropriate. Award plaintiff the cost of this action, interest, and reasonable attorney fees for

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ABER, GOLDLUST, BAKER & OVER

GARY W. ABER (DSB #754) 702 King Street, Suite 600 P.O. Box 1675 Wilmington, DE 19899 (302) 472-4900 Attorney for Plaintiff DATED: December 7, 2007

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