Case 1:10-cv-00082 Document1 Filed 01/06/10 Page1 of 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NAUSHEEN NURANI, Plaintiff, 3 CIVIL ACTION v. 3 NO. TRUMP INTERNATIONAL HOTEL TOWER CHICAGO d/b/a SIXTEEN, Defendant. 3 COMPLAINT AND DEMAND FOR JURY TRIAL NOW COMES the Plaintiff, NAUSHEEN NURANI, by and through her attorneys, PARRILLO, WEISS and as her Complaint against the Defendant, TRUMP INTERNATIONAL HOTEL TOWER CHICAGO doing business as SIXTEEN, alleges and states as follows: THE PARTIES 1. The Plaintiff, Nausheen Nurani (?Nurani?), is a citizen of the United States and the State of Illinois. At all relevant times, she resided in the Northern District of Illinois. 2. The Defendant, Trump International Hotel Tower Chicago doing business as Sixteen (?Trump?), is a New York Corporation doing business in the City of Chicago, County of Cook, and State of Illinois. 3. That Nurani was employed as a Server by Trump International Hotel Tower Chicago from May 2008 until on or about September 13, 2008, when she was constructively discharged. 4. That at all relevant times, Nurani was an ?employee? for purposes of Title VII. 5. That at all relevant times, Trump was an ?employer? for purposes of Title VII. Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 2 of 12 JURISDICTION AND VENUE 6. That Count I of this action is brought against the Defendant pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq, as amended by the Civil Rights Act of 1991. Count II is brought against Defendant under Illinois law. 7. This Court has jurisdiction over Count I pursuant to 28 U.S.C. ?1331 and 1343, and 42 U.S.C. 8. This Court has supplemental jurisdiction over Count 11 under 28 U.S.C. ?1367. 9. Venue is proper in this judicial district under 42 USC because the alleged unlawful employment practices were committed in this judicial district. Venue is also proper in this district pursuant to 28 U.S.C. ?l391(b)(2) because a substantial part of the conduct giving rise to the claims took place in this judicial district. SUMMARY OF FACTS 10. That Nurani was hired by Trump in May 2008, and was thereafter employed as a ?part-time? server. Despite her part?time designation, Nurani regularly worked as many as five (5) nights per week to ensure health insurance coverage. 1 1. Upon commencement of her employment, Nurani was informed that she only needed to net thirty-two (32) hours per week to be eligible for health insurance bene?ts for her and her (at the time) 3-year-old daughter. 12. That during the entire course of her aforesaid employment, Nurani performed the duties of her employment satisfactorily and in a manner which in all respects met the reasonable expectations of Trump. Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 3 of 12 13. That on or about May 31, 2008, a group of managerial chefs from Trump were socializing at a bar after work. This establishment is located across the street from Trump?s Sixteen restaurant. On or about that same night, a group of front-ofwhouse employees, including Nurani, was also present at this same aforementioned establishment. 14. That an employee named ?Matthew? (his last name is unknown to Plaintiff at this time), one of the managerial chefs at Trump?s Sixteen restaurant who is restricted from fraternizing with the server staff, was at this establishment on this same date. 15. Despite not having been invited, Matthew joined Nurani and her friend(s) at the table at which they were sitting. At this time, Matthew began ?badmouthing? several restaurants where Nurani?s friends were employed. Matthew?s disagreement in Opinion led him to say to Nurani, ?I?ll take you out to all of these restaurants and I?ll show you they aren?t as good as you say.? Immediately after the above conversation and entirely unsolicited by Nurani, Matthew leaned over the table and kissed Nurani against her will. Nurani immediately stopped the unwanted touching and informed Matthew that this kiss was unwanted, unnecessary and unappreciated. 16. In the several months following the May 31, 2008 incident and while both Nurani and Matthew were working at Sixteen, Matthew continued to expose Nurani to unwanted and offensive touchings and subjected her to other offensive sexual material. Examples of the harassment endured by Nurani while at work include, but are not limited to, the following: a. Repeated unwanted and offensive slapping of Nurani?s buttocks; Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 4 of 12 b. Matthew?s comments to Nurani?s co-workers about how Nurani was a ?sloppy? kisser; 0. Repeated offensive comments to Nurani from Matthew regarding Matthew?s buildup of semen; and d. Matthew asked Nurani if she was interested in eating some ?Fromunda Cheese.? When Nurani inquired as to what this meant, Matthew stated, ?it?s from under my balls.? 17. Despite Nurani?s numerous requests to Matthew for him to cease this intimidating, insulting, and abusive behavior, Matthew?s persistent ?come-ons? continued to a point that clearly exceeded the bounds of decency and clearly intended to cause Nurani sever emotional distress. 18. Nurani was extremely upset and anxious at the prospect of continuing to work in a hostile environment as set forth above. As a result, in August 2008, Nurani approached her General Manager, Ms. Christina Maffei (hereinafter referred to as in an attempt to cease the unwanted and offensive harassment by Matthew. 19. That when Nurani informed the GM of the above instances of harassment, explained her extreme discomfort and anxiety when working with Matthew, and requested to be exempt from entering the kitchen at Sixteen, her GM responded that Nurani should ?be careful in what [she] claims? and that despite her discomfort in doing so, ?going into the kitchen [was] part of [her] job.? 20. That at no time during the course of Nurani?s employment at Trump did the GM ever tell Nurani the applicable procedures for reporting sexual harassment at Trump. Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 5 of 12 21. Although the GM had been informed about the harassment suffered by Nurani, at no time during the course of Nurani?s employment did Trump conduct any investigation into the substance of Ms. Nurani?s complaints of harassment. 22. That at no time during Nurani?s employment at Trump did Trump take any corrective measures to stop the harassment complained of by Nurani. 23. Within two (2) weeks of the above conversation, Nurani?s GM informed her that she had to work ?ve (5) nights a week to continue her employ at Trump. Nurani then inquired, I don?t work ?ve nights, I can?t work any nights?? The GM con?rmed this was the case even though Trump had recently begun seeking part-time servers. Nurani explained to the GM that she was unable to work this many nights based on having to care for her 3?year?old daughter, a fact the GM knew upon the commencement of Nurani?s employment with Trump. 24. That on or about September 13, 2008, knowing that Nurani was not capable of working the ?ve (5) nights per week, the GM responded, ?m still going to schedule you ?ve nights a week and if you can?t work ?ve then you?ll have to call in sick and we?ll go from there.? At this same time, the GM instructed Trump?s Human Resources Department to write up a document explaining that ?ve nights was the ?full time? requirement to be eligible for health insurance coverage (despite the 32-hour designation at the time of Nurani?s initial employ). 25. Without adequate health insurance coverage, Nurani knew she would not be able to adequately care for her 3?year-old daughter. In fact, one of the reasons she sought employ with Trump was because they offered such coverage to non?full-time employees (or those employees that work the requisite 32 hours per week to obtain such coverage). Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 6 of 12 26. That on or about September 13, 2008, a?er months of enduring sexual harassment by Matthew that Trump had failed to investigate and failed to take correct and due to sudden changes in Trump health insurance ?policy,? Nurani felt as though she was being ?let go? and that she had no choice but to ?nd alternative employment. She knew that she could not comply with the demand to work ?ve (5) nights, and knew that Trump had done nothing to address the harassment she complained of, Nurani had no choice but quit her job at Trump. As Nurani was exiting the building, her GM exclaimed, ?the restaurant will always be more important than you, Nausheen!? COUNT I Title VII Hostile Work Environment Sexual Harassment and Constructive Discharge 27. Nurani re-alleges and incorporates by reference the allegations contained in Paragraphs 1-26 above. 28. That on or around December 8, 2008, Nurani ?led a two (2) count charge against Trump with the Equal Employment Opportunity Commission alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964 and constructive discharge. 29. That after conducting an investigation into the allegations alleged in Nurani?s EEOC Complaint, the EEOC issued a Notice of Right to Sue which was received by Nurani?s attorneys on or around October 9, 2009. A copy of the Right to Sue and Nurani?s EEOC Charge of Discrimination is attached to this Complaint as Exhibit A. 30. This action has been timely ?led within ninety (90) days from the date of receipt of the aforesaid Notice of Right to Sue and Nurani has complied with all other necessary administrative prerequisites for ?ling this action. Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 7 of 12 31. As described above, Nurani was subjected to quid pro quo sexual harassment and an intimidating, hostile and offensive work environment based on her gender, female. This harassment unreasonably interfered with Nurani?s work performance in violation of Title VII. 32. As described above, upset with the prospect of continuing to work in a hostile work environment, Nurani was left with no option but resign, and therefore Nurani was constructively discharged from Trump. 33. Although Trump was aware of the sexual harassment and hostile work environment, it took no effective remedial and/0r preventive measures to address the prohibitions of Title VII. 34. That Nurani complained to the GM and asked that the hostile and harassing behavior cease. N0 effective corrective action was taken, and the harassment continued throughout Nurani?s employment at Sixteen. WHEREFORE, Nurani requests that: (1) Trump be adjudicated and declared to have violated Title (2) Nurani be awarded appropriate equitable relief, such as front pay; (3) Nurani be awarded appropriate damages to compensate her for any and all lost wages and other bene?ts and/or any other appropriate relieve to which she is entitled by virtue of Trump?s violation of Title (4) Nurani be awarded lost future earnings to compensate her for her losses; (5) Nurani be awarded compensatory damages in an appropriate amount and as allowed by law; (6) Nurani be awarded punitive damages in an appropriate amount and as allowed by law; (7) Nurani be awarded pre-judgment interest on the above damages; (8) Nurani be awarded her reasonable attomey?s fees, costs and litigation expenses; and (8) requests this Honorable Court grant such other and further relief as it deems fair and just. Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 8 of 12 COUNT II Intentional Infliction of Emotion Distress 35. Nurani re-alleges and incorporates by reference the allegations contained in Paragraphs 1-26 above. 36. Trump?s conduct with regard to Nurani was extreme and outrageous. 37. Trump, through its agents, intended to in?ict severe emotional distress or knew there was at least a high probability the restaurant?s conduct and/or lack of action would inflict severe emotional distress on her. 38. Trump?s conduct and/or lack of action did in fact cause severe emotional distress. WHEREFORE, Nurani requests that: (1) Trump be adjudicated and declared to have committed the tort of intentional in?iction of emotional distress; (2) Nurani be awarded appropriate equitable relief; (3) Nurani be awarded appropriate damages to compensate her for any and all lost wages and other bene?ts and/or any other apprOpriate relief to which she is entitled; (4) Nurani be awarded front pay to compensate her for her losses; (5) Nurani be awarded lost future earnings to compensate her for her losses; (6) Nurani be awarded compensatory damages in an appropriate amount and as allowed by law; (7) Nurani be awarded punitive damages in an appropriate amount and as allowed by law; (8) Nurani be awarded pre? judgment interest on the above damages; and (9) requests any other relief available at law or in equity deemed just. Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 9 of 12 Respectfully submitted, MUN Thomas M. Enright Attorney for Plaintiff Parrillo, Weiss O?Halloran 77 West Wacker Drive, 50th Floor Chicago, IL 60601 (312) 701-1111 ID Number: 20270 Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 10 of 12 EEOC Form 161 was: U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DISMISSAL AND NOTICE OF RIGHTS T01 Nausheen Nurani From: Chicago District Office 3334 N. Avers, 2nd Floor 500 West Madison St Chicago, IL 60618 Suite 2000 Chicago, IL 60661 CERTIFIED MAIL 7000 1670 0012 6741 4554 CPIATTY E, On behaif of person(s) aggrieved whose identity is CONFIDENTIAL (29 CFR EEOC Charge No. EEOC Representative Telephone No. Cristina Wodka, 440-2009-01253 Investigator (312) 353-1401 THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC. Your allegations did not involve a disability as defined by the Americans With Disabilities Act. The Respondent employs less than the required number of employees or is not otherwise covered by the statutes. Your charge was not timely ?led with in other words, you waited too long after the date(S) of the alleged discrimination to ?le your charge The EEOC issues the following determination: Based upon its investigation. the EEOC is unable to conclude that the information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with the statutes. No ?nding is made as to any other issues that might be construed as having been raised by this charge. The EEOC has adopted the ?ndings of the state or local fair employment practices agency that investigated this charge. Other (brie?y state) The Commission has ceased further processing of this Charge. Ell] DECIDE - NOTICE OF SUIT RIGHTS - (See the additionai information attached to this form.) Title VII, the Americans with Disabilities Act, andlor the Age Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. You may file a lawsuit against the respondent(s) under 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 be different.) Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for wilifui violations) of the alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years! before you ?le suit may not be collectible. On behalf of the Commission Enclosures(s) John p_ Rowe, (karat/fattest) District Director SIXTEEN, TRUMP INTERNATIONAL HOTEL i to - :3 ?Hi Case1:10-cv-00082 Document1 Filed 01/06/10 Piage11of12 EEOC Form 5 (arm: CHARGE OF Charge Presented To: Agency(ies) Charge No(s): This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FE PA Statement and other information before completing this form. ?ili?rlm ?~0l2f56 Illinois Department Of Human Rights and EEOC State or local Agency, ii any Name (indicate Mr, Ms, Mrs.) Home Phone (incl. Area Code) Date of Birth Ms. Nausheen Nurani (312) 952-7799 01,108/1980 Street Address City. State and ZIP Code 3334 North Avers, 2nd floor Chicago, IL 60618 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) Sixteen, and Trump International Hotel ?ower Chicago Street Address City. State and ZIP Code 401 North Wabash Ave., Chicago, IL 60611 Name No. Employees. Mermers Phone No. (include Area Code) . EEOC Street Address City. State and ode 0a: 0 9. 2003 DISCRIMINATION BASED on (Check appropriate Wiggiuwnmon TOOK egg: El RACE I: COLOR sex RELIGION CI NATIONALORIGIN 05/31/2008 09/13/2008 RETALIATION AGE DISABILITY OTHER (Specify below.) CONTINUING ACTION THE PARTICULARS ARE (if additional paper is needed. attach extra COUNT SEXUAL HARASSMENT 1. Ms. Nausheen Nurani (hereinafter referred to as "Nurani") was subjected to continued and frequent sexual harassment in her employment at Sixteen, a restaurant at Trump International Hotel Tower Chicago (hereinafter referred to as "Trump"), and said harassment was of a nature sufficiently severe and pervasive so as to alter the conditions of Nurani's employment and create a hostile working environment which was intimidating, insulting, and abusive to Nurani. 2. Such conduct on behalf of managerial employees of Sixteen constitutes quid pro quo sexual harassment and also created an intimidating, hostile.and offensive work environment which with in i want this charge ?led with both the EEOC add the State or local Agency. if any. i NOTARY - When necessafy State and Lace! Age'ncy Requirements 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. If i swear or affirm that have read the above charge and that it is true to I declare under penalty of perjury that the above is true and correct. the best of my knowledg - SIGNATURE OF COMPLAI -- renda K. Flores - 7L 9 amn.anusnmn SUBSCRIBED AND SWOR I . (month- day: Year} Date Charging Party Signature N8 24. . . 1? I Case 1:10-cv-00082 Document 1 Filed 01/06/10 Page 12 of 12 EEOC Foam 5(5101] OF DISCRIMINATION Charge Presented To: Agency?es) Charge No(s): This form is affected by the Privacy Act of 1974. See cl A 1 Statement and other information before comple?teitngitl?g forgacy FEPA EEOC Illinois Department Of Human Rights . and EEOC State or local Agency, if any THE PARTICULARS ARE (if additional paper is needed. attach extra Violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000a, et seq. 3. Said conduct further exceeded the bounds of decency and was either intended to cause Nurani severe emotional distress or COUNT II CONSTRUCTIVE DISCHARGE 4. Nurani is informed and believes, and based thereon alleges, that she was disciplined unjustly and constructively discharged in retaliation for having complained about the continuing sexual harassment to her immediate supervisor at Sixteen. 5. That as a direct and proximate result of the unlawful practices of Sixteen alleged herein, Nurani has: been denied equal employment opportunities, lost income and other financial benefits solely because of the retaliatory animus of Sixteen; (B)'suffered substantial and irreparable injury, loss of income, andother monetary benefits; and (C) suffered and will continue to suffer irreparable injury, including physical, emotional, and mental anguish, and has suffered severe and irreparable damage to her reputation. actions in light of said retaliatory standing Sixteen's knowledge that 1e VII of the Civil Rights Act.' such actions violated Jb?h G. Covert Attorney for Ms. Nausheen Nurani PARRILLO, WEISS 77 West Wacker Dr., 50th Floor Chicago, IL 60601 r119\ un1 1111 I want this charge ?led with both the EEOC and the State or local Agency. if any. I NOTARY When ne may for State and Local Agency Requirements wilt advise the agencies if i change my address or phone number and I will cooperate 8 fully with them in the processing of my charge in accordance with their procedures. . i swear or af?rm that I have read the above charge and that it is true to i declare under penalty of perjury that the above is true and correct. the best of my knowledge. information and belief. SIGNATURE OF SUBSCRIBED AND SWORN T0 BEFOR II . [0 {m 0V. (month, day,year} Date Charging Party Signature November Ell, 300% K. Flores 31' My Gunnteelon hex' Case 1:10-cv-00082 Document 1-1 Filed 01/06/10 Page 1 of 3 EEOC Form 161 (ms) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DISMISSAL AND NOTICE OF RIGHTS T0: Nausheen Nurani From: Chicago District Of?ce 3334 N. Avers, 2nd Floor 500 West Madison St Chicago, IL 60618 Suite 2000 Chicago, IL 60661 CERTIFIED MAIL 7000 1670 0012 6741 4554 El On behalf of personfs) aggrieved whose identity is CONFIDENTIAL (29 CFR ?1601. EEOC Charge No. EEOC Representative Telephone No. Cristina Wodka, 440-2009-01258 Investigator (312) 353-1401 THE EEOC IS CLOSING ITS-FILE ON THIS CHARGE FOR THE FOLLOWING REASON: The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC. Your allegations did not involve a disability as defined by the Americans With Disabilities Act. The Respondent employs less than the required number of employees or is not otherwise covered by the statutes. Your charge was not timely ?led with in other words, you waited too long after the date(s) of the alleged discrimination to file your charge The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with the statutes. No ?nding is made as to any other issues that might be construed as having been raised by this charge. The EEOC has adopted the ?ndings of the state or local fair employment practices agency that investigated this charge. EID DECIDE Other (briefly state) The Commission has ceased further processing of this Charge. - NOTICE OF SUIT RIGHTS - {See the additional information attached to this form.) Title VII, the Americans with Disabilities Act, andlor the Age Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. You may ?le a lawsuit against the respondent(s) under 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 be different.) Equal Pay Act (EPA): EPA suits must be ?led 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 Vears (3 years) before you file suit may not be collectible. On behalf of the Commission I [gabgr? Enclosures(s) John P. Rowe! area/tailed) District Director 3, cc: 3% i152: SIXTEEN, TRUMP INTERNATIONAL HOTEL I 2. Case 1 :1 o-ov-0'0'082' Document 1-1 Filed 2 of 3 EEOC Form 5 (5101': CHARGE OF Charge Presented To: Agency(ies) Charge No(s): This form is affected by the Privacy Act of1974. See enclosed Privacy Act FEPA Statement and other information before completing this form. [a in 0 25 Illinois Department Of Human Rights and EEOC State or local Agency, if any Name (indicate Mr, Ms. Mrs.) Home Phone (incl. Area Code) Date of Birth Ms. Nausheen Nurani (312) 952?7799 01f08/1930 Street Address City. State and ZIP Code 3334 North Avers, 2nd floor Chicago, IL 60618 Named is the Employer, Labor Organization. Employment Agency. Apprenticeship Committee. or State or Local Government Agency That I Believe Discriminated Against Me or Others. (it more than two. list under PARTICULARS beiow.) Name . No. Employees. Members Phone No. (Include Area Code) Sixteen, and Trump International Hotel Tower Chicago Street Address City. State and ZIP Code 401 North Wabash Ave., Chicago, IL 60611 Name No. Employees. Members Phone No. (Include Area Code) a EQEEOC omsmmamzw we DEC, 0 9, 2063 DISCRIMINATION BASED ON (Che It appropn' (e @F?bb?d ISCRIMINATION TOOK PLACE a 8 OX 8 Earliest Latest El RACE COLOR [a sex I: RELIGION I: NATIONALORIGIN 05/31/2008 - 09/13/2008 RETALIATION AGE OTHER (Specify below.) CONTINUING ACTION THE PARTICULARS ARE (if additional paper is needed, attach extra sneetfs?: COUNT - SEXUAL HARASSMENT 1. Ms. Nausheen Nurani (hereinafter referred to as "Nurani") was subjected to continued and frequent sexual harassment in her employment at Sixteen, a restaurant at Trump International Hotel Tower Chicago (hereinafter referred to as "Trump"), and said harassment was of a nature sufficiently severe and pervasive so as to alter the conditions of Nurani's employment and create a hostile working environment which was intimidating, insulting, and abusive to Nurani. 2. Such conduct on behalf of managerial employees of Sixteen constitutes quid pro quo sexual harassment and also created an intimidating, hostile and offensive work environment which nerformance in I want this charge ?led with both the EEOC and the State or local Agency. if any. NOTARY When necessar?y for State and Local As?ncr Requirements will advise the agencies it 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 periury that the above is true and correct. the best of my knowledg . SIGNATURE OF COMPLAI A R, ll- 0e /Z/?m0/cc; meander-rear) Date Charging Party Signature I Case 1:10-cv-OO-082 Document 1-1 Filed 3 of 3 . EEOC . OF Charge Presented To: Agencyties) Charge No(s): This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA Statement and other information before completing this form. El EEOC Illinois Department Of Human Rights . and EEOC State or local Agency. if any THE PARTICULARS ARE (if additional paper is needed. attach extra sheettsl): violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. 3. Said conduct further exceeded the bounds of decency and was either intended to cause Nurani severe emotional distress or was perpetrated with reckless indifference to the likelihood that it would cause such severe emotional distress. COUNT II CONSTRUCTIVE DISCHARGE 4. Nurani is informed and believes, and based thereon alleges, that she was disciplined unjustly and constructively . discharged in retaliation for having complained about the continuing sexual harassment to her immediate supervisor at Sixteen. 5. That as a direct and proximate result of the unlawful practices of Sixteen alleged herein, Nurani has: been denied equal employment opportunities, lost income and other financial benefits solely because of the retaliatory animus of Sixteen; (Bi'suffered substantial and irreparable injury, loss of income, andother monetary benefits; and (C) suffered and will continue to suffer irreparable injury, including physical, emotional, and mental anguish, and has suffered severe and irreparable damage to her reputation. 6. Moreover, Nurani is informed and believes, and based thereon alleges that Sixteen's actions in light of said retaliatory animus were taken notwi standing Sixteen's knowledge that such actions violated 1e VII of the Civil Rights Act.? Jb?n G. Covert Attorney for Ms. Nausheen Nurani- PARRILLO, WEISS 8: 77 West Wacker Dr., 50th Floor Chicago, IL 60601 r11ot 7n1 1111 I want this charge filed with both the EEOC and the State or local Agency. if any. I NOTARY - When 9383?? for State and Local/199003! Requirements will advise the agencies if I change my address or phone number and I will cooperate 4% fully with them in the processing of my charge In accordance with their procedures. i swear or af?rm that I have read the above charge and that it is true to I declare under penalty of perjury that the above is true and correct. the best of my knowledge, information and belief. MPLAINANT SIGNATURE OF 0 file 0 I f? - (m (month, day, year) State ., Date Charging Party Signature November 300%