Case 4:12-cv-00297-GKF-PJC Document 2 Filed in USDC ND/OK on 05/23/12 Page 6 of 11 m THE nrsTrucT coURT oF TULSA coUNTY STATE OF OKLAHOMA (1) AMANDA D. LONG, an individual, Plaintiff, ) ) ) ) ) .i~n F'8{ !E_T ~~. 11 r_u _ ~ (2) STAND-BY PERSONNEL, INC Ll:!; APR .I 6 2012 SJ!l.LY HOWE SM STATE OF Ol.(' JTHT, CpURT CLERK 1.n. L.. :,A COUNTY CASENO . ~ 1~ ""J- ~,. . - n 'lif. ·l e;;J ~ MWr ~ vs. p.:;__ ) a Domestic For Profit Business Corporation, ) ) Defendant. ) ) PETITION COivlES NOW the Plaintiff, Amanda Long, through her attorneys of record, and brings this action against the defendant, Stand-By Personnel, Inc., for violations of her constitutionally protected rights arising out ofber employment with said defendant. .nJRISDICTION . 1. This is an action for damages and to secure protection of and to redress deprivation of rights secured by Title VII of the Civil Rights act of 1964, as amended 42 U.S.C §2000-2 hereinafter ("Title VII"), providing for relief against cliscrimination in employment on the basis of national origin. 2. Plaintiff Amanda Long ("Long"), a Hispanic female and resident of Tulsa County, illed a charge of disclimination against the defendant with the Equal Employment Opportunity Commission (..EEOC"). Plaintiff complained to the EEOC of discrimination based on her race. A Notice of Right to Sue was received by Plaintiff on or about January 23, 2011, and tllis Petition bas been filed within ninety days (90) of the receipt of the Notice of Right to Sue. As such, Plaintiff has complied fully with all Case 4:12-cv-00297-GKF-PJC Document 2 Filed in USDC ND/OK on 05/23/12 Page 7 of 11 prerequisites in tllis Court under Title VII as well as under the Oklahoma AntiDiscrimination Act (OADA) 25 O.S. § 1301 et sec. 3. Compensatory damages are sought pursuant to 42 U.S.C. § 2000e-5(g) and 42 U.S.C. § 1981. 4. Punitive damages are sought pursuant to 42 U.S.C. § 1981. 5. Costs and attorney's fees may be awarded pursuant to 42 U.S.C. § 2000e 5(g). JURISDICTION & VENUE 6. This action lies properly in Tulsa County as the unlawful employment practices complained of herein occurred within Tulsa County and because Defendant is a corporation doing business in Tulsa County. PARTillS 7. Plaintiffs are citizens of the United States of America and residents of Tulsa ·County, State of Oklahoma 8. Defendant is a company doing business in Tulsa County, State of Oldahorna and regularly employs more than fifteen (15) people. FACTS COMMON TO ALL COUNTS 9. Plaintiff is a Hispanic female. 10. Plaintiff was an employee of Defendant from on or about March 2010 until she was constructively discharged on or about September 2011. 11. Plaintiff began her employment with Defendant as a receptionist The Plaintiff then moved positions to become a customer service representative, wherein she took job orders from companies needing employees placed with them tlrrough Stand-By. The 2 Case 4:12-cv-00297-GKF-PJC Document 2 Filed in USDC ND/OK on 05/23/12 Page 8 of 11 Plaintiff also interviewed Stand-By applicants and worked on placing them into jobs with Stand-By customer companies. 12. During her employment, Plaintiff was subjected to clisparate treatment on the basis of her national origin/race. Specifically, the Plaintiff was paid less than her nonminority coworkers. Further, while the Plaintiff was employed, Stand-By required her to discriminate against minority applicants in job placement. Also, Stand-By customers would make discriminatory requests of Stand-By with respect to which prospective employees to place with them and the Plaintiff was forced to comply with those requests. 13. The Plaintiff complained about the disparate treatment and highly offensive racial profiling and discrimination to her immediate supervisor, Janice Wine as well as to the company owner, Mark Morris. Nothing was done to correct the pay disparity or the discrimination. 14. The Plaintifffound the Defendant's racist treatment of minorities so offensive as a Hispanic, she did not feel safe continuing to work in such an environment and was forced to resign. 15. The discriminatory treatment began to wear on Plaintiff and caused her great emotional distress. FffiST CLATIVI FOR RELIEF DISCRIMINATION BASED ON RACE (TITLE VID 16. Plaintiff incorporates as if realleged Paragraphs 1-15. 17. By treating the Plaintiff differently than similarly situated non-Hispanic employees and allnwing an atmosphere of racial discrimination, the Defendant has violated Title VII of the Civil Rights Act of 1964. WHEREFORE, Plaintiff prays for judgment against the Defendant for: 3 Case 4:12-cv-00297-GKF-PJC Document 2 Filed in USDC ND/OK on 05/23/12 Page 9 of 11 a. Back pay and lost benefits; front pay until normal retirement b. Compensatory damages for his mental anguish. pain and suffering and other non-pecuniary losses; c. Punitive damages for the intentional and lmowing acts of discrimination committed by the management and executives at Joe Cooper Ford; d. Her attorney fees and the costs and expenses of this action; e. Such other relief as the Court deems just and equitable. SECOND CLAIM FOR RELIEF DISCRIMINATION IN VIOLATION OF THE OADA 25 O.S. §§ 1101, 1301 et ~ 18. Plaintiff incorporates as if realleged Paragraphs 1-17. 19. By constructively discharging the plaintiff, treating her different than similarly situated non-Hispanic employees, and allowing an atmosphere of racial discrimination, the defendant has violated the DADA. 20. The discrimination committed by Defendants is contrary to Oklahoma's antidiscrimination statute. Plaintiff is suited to recover damages for emotional distress and punitive damages based upon the wanton and willful conduct of Defendants.' WHEREFORE, Plaintiff prays for judgment against the Defendant for: a. Back pay and lost benefits; front pay; b. Compensatory damages "for his mental anguish, pain and suffering and other non-pecuniary losses; c. Purtitive damages for the intentional and knowing acts of discrimination committed by the Defendanes management and executives; d. Her attorney fees and the costs and expenses of this action; e. Such other relief as the Court deems just and equitable. T.IDRD CLAIM FOR RELIEF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 21 . Plaintiff incorporates as ifrealleged Paragraphs 1-20. 4 Case 4:12-cv-00297-GKF-PJC Document 2 Filed in USDC ND/OK on 05/23/12 Page 10 of 11 22. The Defendant's actions of intentional and malicious discrimination and retaliation are extreme and outrageous and have caused severe emotional and psychological damage to the Plaintiff. 23. The Defendant intentionally or recldessly caused severe emotional distress to the Plaintiff beyond which a reasonable person could be expected to endure. WHEREFORE, Plaintiff prays for judgment against Defendant for: a. Back pay and lost benefits; front pay; b. Compensatory damages for h.is mental anguish, pain and suffering and other non-pecuniary losses; c. Punitive damages for the intentional and knowing acts of discrimination committed by the Defendant's management and executives; d. Her attorney fees and the costs and expenses of this action; e. Such other relief as the Court deems just and equitable. WHEREFORE, based on the foregoing, Plaintiff prays that this Court grant her the relief sought including, but not limited to, actual damages in excess of Seventy-Five Thousand Dollars ($75,000), with interest accruing from date of filing of suit, punitive ($75,000), back pay and lost damages in excess of Seventy-Five Thousand Dollars . ' benefits, compensatory damages for mental anguish, pain and suffering and other nonpecuniary loss, reasonable attorneys fees, injunctive relief, and a1l other relief deemed appropriate by thls Court. 5 Case 4:12-cv-00297-GKF-PJC Document 2 Filed in USDC ND/OK on 05/23/12 Page 11 of 11 Respectfully submitted, SMOLEN, SMOLEN & ROYMAN P.L.L.C. Daniel E. Smolen, DBA# 19943 Donald E. Smolen, DBA# 19944 Lauren G. Lambright, OBA# 22300 Miranda R. Russell, DBA# 30240 701 S. Cincinnati Ave. Tulsa, OK 74103 P: (918) 585-2667 F: (918) 585-2669 E-mail: danielsmolenf@ssrok.com Attorneys for Plaintiff 6