Free Complaint - District Court of Delaware - Delaware

PATRICIA

et.

the

seq.

Delaware

Dagsboro,

principles
parties 3. 2. 1. (Title

CA TROLIC CEMETERIES,

service of process is Rev. Msgr. Joseph F. Rebman of 6001 Kirkwood

provisions 19808.
and VII Defendant Plaintiff The

Case 1:07-cv-00691-SLR

of28 Delaware.

WARD,

the

anti-discrimination

claims

Defendant. /'

of ancillary

Plaintiff,

V.S.C.
United Patricia

"

by Catholic

States

IN THE UNITED STATES DISTRICT

§ 1367.
virtue

INc.,

Ward

District

"
Cemeteri~~,

and_pendent
of .the statute) is, COMPLAINT pendency Court and and at for Inc. all

Document 1

FOR THE DISTRICT OF DELAWARE

jurisdiction

Parties

28

the

of

is

Jurisdiction

.
times

as
V.S.C. a District a federal Delaware relevant §§ of claim 1331 Delaware corporation under hereto and

well

as

the

COURT

Filed 11/02/2007

JURY TRIAL

supplemental

CivIl Action No.

DEMANDED

/
42 1343~ has V.S.C. jurisdiction

was,

Highway,
whose

and a

jurisdiction

resident

§

under

agent

Page 1 of 8

2000e-l

over

the

for

Wilmington,

of

job
Catholic against defendant's

her

that

reason

advertised.
by her 6.

for 7. a

9.

her

8.

10. supervisor,

Cemeteries,

properly.
friend;

her

was

Wilmington

Heaven

termination Ms.

Plaintiff

Ms.Ward

On

Ms.

shared

on

informatiOn

Ward

Ward Mark

Ward

,

information

happy about her non-Catholic

the business condition
Inc., hy Cemetery Patricia was Christian, originally is was office defendant's was with not told, told a Ward virtually a that fall-off and member in iIithe at was applied her Dagsboro, was Human belief, or no~ in no letter supervisor, around an revenue of negative for aware this employee the Resources terminating the Delaware,

Case 1:07-cv-00691-SLR

and

belief,

and

based

Facts

Document 1

or about January 28, 2003, and continuing -...

to an advertisement that appeared in a Catholic bulletin circulated in the Diocese, and given to

Ms. Ward had received outstanding performance reviews throughout her tenure at

of the Gate of Heaven Cemetery, Ms. Ward asserts that a fall-off

status; Ms. Ward believes that Mr. Christian's religious-based bias

2
the is and the feedback the time sales. only director, aforesaid her of publication with (signed her Sister regard Mr. hire by Suzanne Christian, by Mr. to in Rita her which Christian), ability Donovan. Crozier would the to job that not in do was the the the be

Catholic

at

job

the

upon

at

of

time

Gate

defendant

religion,

her

working

he

of

knowledge

hired

Heaven

a

Catholic

fact

Filed 11/02/2007

her.

as

an

of

Cemetery

and

which

office

Cemeteries,

until her termination

understanding

she

in

coordinator

response

Page 2 of 8

believes

Inc.

at

on or about

of

in

Ms.

gender

grave)

which office

commented

obviously

demonstrated

Cole,

termination,

revenue

Brian

over

and

resulted 14. 13.

a 12. 11.

15.

and gender
and

Ward's
particular a

religious the that Gagnon,

in

woman

sales

in

Ms. contrast

Between

The

Ms.

No

manner

in

neither

claims
the Ward warning Ms. negative

was

Ward

gravesite

/'

manner

discrimination.

discrimination who

Sean

not

to

he

"
in Ward September suffered

believed

warnings

Suter,

which

nor

lived

the

bias

or

in

was

being

Mr.

true

Case 1:07-cv-00691-SLR

of discrimination.
which across and

probationary

"
paychecks

of

hostile

that

administered

Christian

provided

reason

which

15

Mr.

others.

accused

the

the

to

the

-"

Christian

and

she

hiring

.
for

accusation

18,

I
street would

were

to

discriminatory period

had

by

her

2006,

male

Document 1

Hoopes, and from Mr. Christian, based upon her gender and religion.

wherein a male was hired (five of six applicants were female) when the ideal candidate was

emphasizedthese events in its presentation to the Delaware Department of Labor in responseto
(relating

defendant has claimed that these events did not influence Ms. Ward's termination, the defendant

appealed to Sister Suzanne Donovan, first in a phone call and then with a letter, outlining the

3
of Mr. from to consider a be tension gatekeeper Hoopes the disbursed to cemetery; a a in woman of memorial the for insubordination; and Gate the for Mr. then cemetery the photo of Hoopes over position. Heaven attached the was although at manner Cemetery that handled, to time the the in

suffered.

and

tennination,

employees, was

of

Mr.

insubordination

afforded

Hoopes

treatment

but

including

rather

towards

to

from

Filed 11/02/2007

Ms.

was

a

Nick

her

pretext

women

Ward

grossly

supervisor,

Hoopes,

prior

for

was

unfair,

Page 3 of 8

religious

Harold

further to

Nick

and

her

Case 1:07-cv-00691-SLR

Document 1

Filed 11/02/2007

Page 4 of 8

Shortly after sending to Sister Donovan the aforesaid letter in which her gender

"
Mr. Christian has suggested,in a letter to the Delaware Department of Labor, that Ward had been made on August 31, 2006, a suggestion that does
not square with ensuin~ events that indicate that no such decision had been made on that date; ;

these circumstances ~rther demonstrate the existence of a falsely-created pretext intended to disguise what is in fact gender and religious discrimination.
18. Subsequent to her te~ination, Ms. Ward filed charges of discrimination with the

.

i--

Delaware

Department

of

Labor

and

the

Equal

Employment

Opportunity

Commission,

leading

receiptof the letter giving her the right to sue,attached heretoasExhibit A.

COUNTI
Violation of the reli2io~s and 2ender bias and retaliation provisions of Title VII. 42 D.S.c.
§ 2000e-l et seQ.

Paragraphs to 18 arerestatedasif more fully setforth herein. 1
The action of defendant Catholic Cemeteries, Inc. in terminating Ms. Ward was

gender

and

religious

discrimination

and

further

was

in

retaliation

having

raised

her

rights

under

Title

VII,

in

violation

of

42

D.S.C.

§

2000e-l

et

21.

Ms.

Ward

has

suffered

damages

as

a

result

of

the

actions

of

defendant

seq.

Cemeteries, Inc. including lost salary and benefits, damage to her career and reputation, great mental anguish and embarrassment,and other losses.

4

Catholic

for

to

Case 1:07-cv-00691-SLR

Document 1

Filed 11/02/2007

Page 5 of 8

COUNTII
Violation of Delaware Gender and R~lieious Discrimination
aeainst retaliation. 19 Del. Co § 711 et seQ.

statute and proscription

22. 22.
23.

Paragraphs 1-21 are restated as ifmore fully set forth herein.
The a6tion of defendant Catholic Cemeteries in terminating Ms. Ward was

motivated by unlawful

gender and religious discrimination

and retaliatory motive, in violation of

the

State

of

Delaware

statutory

protections

against

age

discrimination

in

employment,

19

Del.

§ 711 et seq.

,;

24.

Ms.

Ward

has

suffered

damages

as

a

result

of

the

actions

of

Catholic

Inc., including lost salary and benefits, damage to her career and reputation, great mental anguish
and embarrassment, and other losses.
I

COUNTIII
Violation of the Delaware Common Law Covenant of Good Faith and Fair

(Falsification

of Reasons)

25.
26.

Paragraphs to 24 arerestated ifmore fully set forth herein. 1 as
The defendant Catholic Cemeteries, Inc. has stated that Ms. Ward's termination

was

decided

upon

on

or

about

August

31,2006,

based

upon

a

loss

of

revenue

at

Gate

Dealin2

Cemeteries,

of

cemetery; these statements constitute a falsification ofthe true reasons for her termination, which

5

Heaven

C.

Case 1:07-cv-00691-SLR

Document 1

Filed 11/02/2007

Page 6 of 8

28.

Ms.

Ward

has

suffered

damages

as

a

result

of

the

actions

of

Catholic

Inc., including lost salary and benefits, damage to her career and reputation, great mental anguish /' .
and embarrassment, and other losses.

WHEREFORE,

plaintiff

demands

that

judgment

be

entered

in

her

favor

Cemeteries,

,

.

y,

,,'

defendant on the above claims, including awards of compensatory damages, punitive damages,
costs of suit, interest, attorneys' fees under any appropriate or relevant statutory or common law

basis, and such other and further relief as this Court may deem appropriate. I

PLAINTIFF PATRICIA

By:

521

West

Wilmington,

Street

Delaware

19801

(302) 658-6101
herb [email protected]

Attorney for Plaintiff

DATE:

November

2,2007

6

WARD

against

Case 1:07-cv-00691-SLR

Document 1

Filed 11/02/2007

Page 7 of 8

/

'.

Exhibit

Ai

'H

~

I

Case 1:07-cv-00691-SLR
FOrm
EEOG 161 (3198)

Document 1

Filed 11/02/2007

Page 8 of 8

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

D
EEOC Charge 17C-2007-00040

On

behalf

of

person(s)

aggrieved

whose

identity

is

CONFIDENTIAL (29 CFR § 1601.7(8))
No. EEOC Representative Telephone No.

Charles
State & Local

Brown,
Coordinator

III,
(215)

-,

THE EEOC IS CLOSING ITS FII,.E ON THIS CHARGE F,ORTHE FOllOWING D Thefactsalleged thecharge to statea claim in fail
, under any of the statutes enforced ~

REASON: EEOC.
the

D D D

Americans Disabilities with Act.

Your

allegations

did

not

involve

a

disability

as

defined

by

The

Respondent

employs

less than the required number of employees or is not otherwise covered by the statutes. in other words, you waited too long after the date(s) of the alleged discrimination . to file your
filed with EEOC;

Your

charge

was

not

charge.

D
D D D
W

Having been given 30 days in which to respond, you failed to provide Information,. Jailed to appear or be available for

interviews/conferences. or otherwise failedto cooperate theextent it wasnotpossible resolve charge. to that to your While reasonable efforts weremade locate wewerenotableto doso. to you,
You were given 30 days to accept a reasonable
The EEOC

timely

settlement

the

offer that affords full relief for the harm you alleged.

issues following the determination: Based upon,its investigqtion, EEOC unable conclude theinformation the is to that obtained
with the statutes. No finding is made as

establishes violations of the statutes. This does not certify that the respondent is in compliance to any other issues that might be construed as having been raised by this charge.

The
Other
D

has adopted the findings of the state or local fair employment practices agency that investigated this charge. (briefly state)
-

EEOC

NOTICE

OF

(See the additional information attached to this form.)

SUITRIGHTS,.

by

440-2842

be the only

Title

VII,

the

Americans

with

Disabilities

Act,

and/or

the

Age

Discrimination

in

Employment

Act:

This

notice of dismissal and of your right to sue that

send you. You may file a lawsuit against the respondent(s) under

we

federal law based on this charge in federal or state court. Your lawsuit must be filed WITHIN 90 DAYS of your receipt of this Notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a state claim may , , Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years) before you file suit may not be collectible.
be different.) ";

will

August 8, 2007
Enclosure(s)

(DateMailed)

cc:

CEMETERIES, INC.
Of
N. Union

HerbertG. Feuerhake, Esq.
Wilmington, DE 19801

Office
1626

CATHOLIC

Human
Street

Resources

Wilmington,

DE

19806

will

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