Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 1 of 57 IS 44 (Rev. 06/17) CIVIL COVER SHEET The 44 civil coveI sheet and the 1n101 manon contained herein neither 1e lace n01 suanement the film and service of pleadings 01 other papeis as re uired by law, except as p1ovided by 100111 rules of (101111. This 101111, approved by the Judicial Cone erence of the (SEE ON NEXT PAGE OF THIS FORM) pu1 pose of initiating the civil docket sheet. nited States to eptembe1 1974, is requned 1?01 the use of the letk of Coun 1'01 the 1. PLAINTIFFS Jennifer Neill County of Residence of First Listed Plaintiff Bucks DEFENDANTS (EXCEPT IN U. S. PLAINTIFF CASES) Attoxneys 11m Name. Address and Telephone Number Caren N. Gurmankin, Esq, Console Mattiacci Law, LLC 1525 Locust Street, 9th Floor, Phila. PA 19102 215-545-7676 NOTE: Attorneys (If K111011111) County of Residence of First Listed Defendant Beasley Broadcasting Group, inc, Beasley Media Group, LLC, lHeartMedia, inc, TTWN Media Network, LLC, John DeBella Collier (IN US. PLAINTIFF CASES ONL IN LAND CONDEMNATION CASES, USE THE. LOCATION OF THE TRACT OF LAND INVOLVED. II. BASIS OF JURISDICTION (Place an in One Box Only) 121 3 Federal Question (U. S. Government Not (1 Party) i3 1 US. Government Plaintiff 2 US. Government Defendant 4 Diversity (Indicate Citizens/11p of Parties in Item (For Diversity Cases Only) CITIZENSHIP OF PRINCIPAL PARTIES (Place an ?X"m One and One Box for Defendant) DEF PT DEF Citizen of This Slate I 1 Incorporated or Principal Place 13 4 4 of Business In This State Citizen of Another State CI 2 El 2 Incorporated and Principal Place 5 Cl 5 of Business In Another Slate Citizen or Subject of a CI 3 CI 3 Foreign Nation 6 6 Foreign Country IVII.I NATURE OF, SUIT (Place on "It? in One Box Only) Click heie fei: NatuIte oi?Suit CocDesc1 lions 1 CONTRACT - . aroW- - nAngnuwer omen sutures CI 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Related Seizure CI 422 Appeal 28 USC 158 375 False Claims Act l] 120 Marine Cl 3IOAirplane Cl 365 Personal Injury - ofProperty 21 USC 881 423 Withdrawal 130 Miller Act [3 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a)) 140 Negotiable Instrument Liability Cl 367 Health Carol 400 State Reappottionment 150 Recovety of Oveipayment 320 Assault, Libel Phannaceutical . .1 I3 410 Antinust Enforcement of Judgment Slander Personal Inju1y Cl 820 Copyrights 430 Banks and Banking 13 151 Medicare Act Cl 330 Federal Employers? Product Liability 830 Patent Ct 450 Commerce [3 [52 Recovery of Defaulted Liability Cl 368 Asbestos Persona! El 835 Patent Abbreviated 460 Deponation Student Loans 13 340 Marine Inju1y Pmduct New Drug Apptication 470 Racketeer In?uenced and (Excludes Veterans) 345 Marine Product Liability CI 840 Trademark Corrupt Organizations 0 153 Recovery of Ovemayment Liability PERSONAL PROPERTY 3'3 LAEOR 480 Consumer Credit of Veteran?s Bene?ts 350 Motor Vehicle Cl 370 Other Fraud Cl 71012111 Label Standards Cl 861 HIAtl395ft) 490 Cable/Sat?t?V C3 160 Stockholders? Suits 355 Motor Vehicle [3 371 Truth in Lending Act Cl 862 Black Lung (923) 850 Securities/Commoditiesl 190 Other Contract Product Liability Cl 380 Other Personal Cl 720 Labor/Management 863 (405(g)) Exchange 13 195 Contract Product Liability [3 360 Other Personal Propeny Damage Relations CI 864 SSID Title XVI CI 890 Other Statuto1y Actions 13 196 Franchise Injury [3 385 Property Damage 740 Railway Labor Act 865 (405(g)) Cl 891 Agriculttnai Acts E1 362 Personal Inju1y - Product Liability 751 Family and Medicat Cl 893 Envimnmental Mattets Medical Leave Act E3 895 Freedom of Information CIVIL RIGHT-S PETITIOILSA. Cl 790 Other Labor Litigation FEDERAL TAX SUITS: Act E3 210 Land Condemnation I3 220 Foreclosme El 230 Rent Lease Ejectment 240 Tons to Land Cl 440 Other Civil Rights Cl 441 Voting 1X 442 Employment CI 443 Housingl Habeas Corpus: 463 Alien Detainee CI 510 Motions to Vacate Sentence 245 Tort Product Liability Accommodations El 530 General 13 290 All Other Real Propeny Cl 445 Amer. w/Disabilities - 535 Death Penalty Employment Other: CI 446 Amer. w/Disabilities - El 540 Mandamus Other Other ID 550 Civil Rights CI 555 Prison Condition 560 Civil Detainee - Conditions of Confinement 448 Education El 791 Employee Retirement Income Security Act - 462 Naturalization Application 13 465 Other Immigration Actions i3 870 Taxes (US. Plaintiff or Defendant) 871 IRS~?Third Pa11y 26 USC 7609 CI 896 Arbitration i3 899 Administrative Procedure Act/Review or Appeal of Agency Decision Cl 950 Constitutionality of State Statutes V. ORIGIN (Place an in One Box Only) 1X1 Original Cl 2 Removed from 3 Remanded from 4 Reinstated or Cl 5 Transferred from El 6 Multidisnict 8 Multidisnict Proceeding State Court Appellate Court Reopened Another District Litigation Litigation (speci?r') T1 ansfer Diiect File VI. CAUSE OF ACTION Brief descri tion of cause: Plaintif is alleging sex discrimination and retaliation. Cite the US. Civil Statute under which you are i?ilin (Do not cite jurisdictional statutes unless diversity): 42 USC. $2000lei. et sea. (?Title VII. REQUESTED IN Cl CHECK IF THIS IS A CLASS ACTION DEMAND 15 CHECK YES only it?demandcd in complaint: COMPLAINT: UNDER RULE 23, in excess of $75 .000 JURY jg Yes 0N0 RELATED IF ANY (See JUDGE DOCKET NUMBER DATE or 0RD 02/16/2018 FOR OFFICE USE ONLY Caren N. Gurmank' squire RECEIPT 11 AMOUNT APPLYING 1r1> rupee MAG. JUDGE Case Document 1 Filed 02/16/18 Page 2 of 57 UNITED STATES DISTRICT COURT APPENDIX FOR THE EASTERNDISTRICT OF to be used by counsel to indicate the category of the case for the purpose of to appropriate calendar. Jennifer Neill, Yardley, PA 19067 Beasley Broadway Group, inc, 3033 Riviera Drive. Suite 200, Naples, FL 34103 Address of Plaintiff: Address ochfendan?t: Place of Accident, Incident or Transaction: (Use Rewrse Side For Adntliami' Space) Does this civil action involve a corporate party with any parent corporation and any publicly held corporation owning 10% or more of its stock? (Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.I?. . YesD NOR Does this case involve multidistrict litigation possibilities? Yes Noi:X RELATED CASE. Case Number. Judge Date Terminated: Civil cases are deemed related when yes is answered to any of the following questions: 1. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court? YesD No? 2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suitpending or within one year previously terminated action in this court? Nom 3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pending or within one year previously terminated action in this court? Yeti:j New CIVIL: (Place in one CATEGORY ONLY) A. Federal Question Cases: B. Diversity ?restorm? Cases: 1. El Indemnity Contract. Marine Contract. and All Other Contracts 1, [3 Insurance Contract and Other Contracts 2. Ci FELA 2. Airplane Personal Injury 3. [3 Jones Act-Personal Injury 3. Assault, Defamation 4. Antitrust 4. Marine Personal Injury 5. Patent 5. MotorVehicle Personal Injury 6. Labor-Management Relations 6. Other Personal Injury (Please specify) 7. own Rights 7. Products Liability 8. Habeas Corpus 8. Products Liability Asbestos 9. Securities ActCs) Cases 9. All other Diversity Cases l0. Social Secunty Review Cases (Please specify) ll. {3 All other Federal Question Cases (Please specify) ARBITRATION CERTIFICATION . (Check apprapn?ate Category) I, carer! . rma counsel ofrecord do hereby certify: ?ursuant to Local Civil Rule 53.2, Section that to the best ofrny knowledge and belief, the damages recoverable in this civil action case exceed the sum of $150,000.00 exclusive and costs; Relief other than monetary damages is sought. Feb. 16, 2018 C11 205900 Attomey-at?Law Attorney DATE: NOTE: Atrial de novo will be atrial jury only if there has been compliance with F.R.C.P. 38. I certify that, to my knowledge, the within case is not related to any case new pending or within an or previouslyterminated action in this court except as noted alums. Caren N. Gurn?in, Esquire 205900 Case Document 1 Filed 02/16/18 Page 3 of 57 APPENDIX I IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CASE MANAGEMENT TRACK DESIGNATION FORM Jennifer Neill CIVIL ACTION Plaintiff, I Beasle BroadcastGrou ,lnc., et all NO. Defendant. In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for plaintiff shall complete a case Management Track Designation Form in all civil cases at the time of filing the complaint and serve a copy on all defendants. (S ee 1:03 of the plan set forth on the reverse side of this form.) In the event that a defendant does not agree with the plaintiff regarding said designation, that defendant shall, with its ?rst appearance, submit to the clerk of court and serve on the plaintiff and all other parties, a case management track designation form specifying the track to which that defendant behaves the case should be assigned. SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS: Habeas Corpus Cases brought under 28 U.S.C. ?2241 through ?2255. Social Security Cases requesting review of a decision of the Secretary of Health and Human Services denying plaintiff Social Security Bene?ts Arbitration Cases required to be designated for arbitration under Local Civil Rule 53.2. Asbestos Cases involving claims for personal injury or property damage from exposure to asbestos. Special Management Cases that do not fall into tracks through that are comm only referred to as complex and that need special or intense management by the court. (See reverse side of this form for a detailed explanation of special management cases.) Standard Management Cases that do not fall into any one of the other tracks. Feb. 16? 2018 a, Plaintiff, Jennifer Neil: Date AttorV?law Attorney for Plaintiff 4215) 545-7676 (215) 5 5.25353 gurmankin@consolelaw.com Telephone FAX Number E?Mail Address (Civ. 660) 10/02 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 4 of 57 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF JENNIFER NEILL Yardley, PA 19067 CIVIL ACTION NO. Plaintiff, v. BEASLEY BROADCAST GROUP, 3033 Riviera Drive, Suite 200 Naples, FL 34103 JURY TRIAL DEMANDED and BEASLEY MEDIA GROUP, LLC 3033 Riviera Drive, Suite 200 Naples, FL 34103 and IHEARTMEDIA, INC. 200 East Basse Road, Suite 100 San Antonio, TX 78209 and TTWN MEDIA NETWORKS, LLC 200 East Basse Road, Suite 100 San Antonio, TX 78209 and JOHN DEBELLA Haverford, PA 19041 Defendants. Case Document 1 Filed 02/16/18 Page 5 of 57 COMPLAINT I. INTRODUCTION Plaintiff, Jennifer Neill, brings this action against her former employers, Beasley Broadcast Group, Inc.; Beasley Media Group, LLC (together ?Beasley Defendants?); IHearthledia, inc.; (?Defendant IHeartMedia?) and, TTWN Media Networks, LLC (?Defendant (all together ?Defendants?). John DeBella (?Defendant DeBella?), Plaintiff?s supervisor and the host of the radio show on which Plaintiff worked, aided and abetted the discriminatory and retaliatory conduct to which Plaintiff was subjected. Plaintiff, a longtime ?sidekick? on one of the most famous radio shows in the Philadelphia market, The John DeBella Show, was subjected to egregious, gross, and degrading sex-based harassment by the show?s host, John DeBella. The sexual harassment included, but was not limited to: grabbing Plaintiff?s breasts; pressing his genitals against Plaintiff?s body; grabbing Plaintiff?s hand and rubbing his genitals; repeatedly asking for ?blowjobs?; showing her a sexually explicit image; and, other extremely harassing conduct. When Plaintiff complained about the sex discriminatory, including sexually harassing, conduct to which she was being subjected, Defendants conducted an ?investigation" which, to Plaintiff?s knowledge, resulted in no action being taken against DeBella. Defendants discriminated against Plaintiff based on her sex, and retaliated against her based on her complaints about the same, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. ?2000e, et seq. (?Title the Human Relations Act, as amended, 43 P.S. ?951, et seq. Case Document 1 Filed 02/16/18 Page 6 of 57 and the Philadelphia Fair Practices Ordinance, as amended, Phila. Code 101, et seq. ll. PARTIES 1. Plaintiff, Jennifer Neill, is an individual and a citizen of the Commonwealth of 2. Plaintiff is female. 3. Defendant, Beasley Broadcasting Group, is a Delaware corporation with a principal place of business at 3033 Riviera Drive, Suite 200, Naples, FL 34103. 4. Defendant, Beasley Media Group, LLC, is a Delaware corporation with a principal place of business at 3033 Riviera Drive, Suite 200, Naples, FL 34103. 5. Defendant, lHeartMedia, Inc., is a Delaware corporation with a principal place of business at 200 East Basse Road, Suite 100, San Antonio, TX 78209. 6. Defendant, TTWN Media Network, LLC, is a Maryland corporation with a principal place of business at 200 East Basse Road, Suite 100, San Antonio, TX 78209. 7. Defendant DeBelIa is an adult male residing in Haverford, PA. 8. Defendant lHeartMedia?s Annual Report states that Defendant TTWN is a subsidiary of Defendant lHeartMedia. 9. Plaintiff?s W-2 tax forms were issued by Defendant TTWN. 10. Plaintiff was paid by Defendant lHeartMedia. Case Document 1 Filed 02/16/18 Page 7 of 57 11. All Defendants are engaged in an industry affecting interstate commerce and regularly do business in the Commonwealth of 12. All Defendants did business in the City of Philadelphia. 13. At all times material hereto, all Defendants employed more than fifteen (15) employees. 14. At all times material hereto, Defendants acted by and through their authorized agents, servants, workmen, and/or employees acting within the course and scope of their employment with Defendants and in furtherance of Defendants? business. 15. At all times material hereto, Defendants acted as employers within the meaning of the statutes which form the basis of this matter. 16. At all times material hereto, Plaintiff was an employee of Defendants within the meaning of the statutes which form the basis of this matter. JURISDICTION AND VENUE 17. The causes of action which form the basis of this matter arise under Title VII, the PHRA, and the PFPO. 18. The District Court has jurisdiction over Count I (Title VII) pursuant to 42 U.S.C. ?2000e-5 and 28 U.S.C. ?1331. 19. The District Court has supplemental jurisdiction over Count II (PHRA) pursuant to 28 U.S.C. ?1367. 20. The District Court has supplemental jurisdiction over Count (PFPO) pursuant to 28 U.S.C. ?1367. Case Document 1 Filed 02/16/18 Page 8 of 57 21. Venue is proper in the District Court under 28 U.S.C. ?1391(b) and 42 U.S.C. 22. On or about September 19, 2106, Plaintiff filed a Complaint with the Human Relations Commission on September 19, 2016 regarding the discriminatory and harassing conduct to which she was being subjected. This Complaint was cross-filed with the Equal Employment Opportunity Commission Attached hereto, incorporated herein and marked as Exhibit is a true and correct copy of the September 19, 2016 PHRC Complaint (with personal identifying information redacted). 23. On or about November 28, 2016, Plaintiff filed a Second Complaint with the PHRC regarding the continued discriminatory, and retaliatory, conduct to which she was being subjected. This Complaint was cross?filed with the EEOC. Attached hereto, incorporated herein and marked as Exhibit is a true and correct copy of the November 28, 2016 Second PHRC Complaint (with personal identifying information redacted). 24. On or about March 2, 2017, Plaintiff filed a Second Amended Complaint with the PHRC regarding the continued discriminatory, and retaliatory, conduct to which she was being subjected. This Complaint was cross?filed with the EEOC. Attached hereto, incorporated herein and marked as Exhibit is a true and correct copy of the March 2, 2017 Second Amended PHRC Complaint (with personal identifying information redacted). 25. On or about November 21, 2017, the EEOC issued to Plaintiff a Notice of Right to Sue for her Charge of Discrimination. Attached hereto, Case Document 1 Filed 02/16/18 Page 9 of 57 incorporated herein and marked as Exhibit is a true and correct copy of the notice (with personal identifying information redacted). 26. Plaintiff has fully complied with all administrative prerequisites for the commencement of this action. IV. FACTUAL ALLEGATIONS 27. In around July 2000, Plaintiff became employed by Defendants TTWN and IHeartMedia as a News/Traffic Anchor (Reporter). Plaintiff was twenty five (25) years old at the time. 28. In around 2002, Plaintiff was promoted into the position of News/Traffic Anchor (Reporter) for The John DeBella Show, for which Defendant DeBella is the host. The John DeBella Show is a daily morning show, from 5:30am 9:000am, on Philadelphia radio station 102.9WMGK. Defendant DeBella is about twenty three (23) years older than Plaintiff. 29. At the time that Plaintiff started working for The John DeBella Show, the show, and the radio station on which it aired, was owned by Greater Media, Inc. and Greater Philadelphia Radio, Inc. d/b/a Greater Media Philadelphia (?Greater Media?). Both Defendant DeBelIa and William Weston, Program Director, were employed by Greater Media. 30. In around 2010, Plaintiff was placed into the position of ?sidekick? on DeBella?s show. Plaintiff had reporting relationships to both DeBeIla and, since around January 2014, to Weston. Plaintiff also reported to Charles Weirauch, Director of Operations, Defendant TTWN. 31. In May 2016, Plaintiff entered into a new contract with Defendant Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 10 of 57 TTWN and Defendant lHeartMedia through December 31, 2016. The contract was signed by the Senior Vice President of Operations for Defendant TTWN, and the President of Defendant lHeartMedia. 32. In May 2016, Plaintiff entered into a contract with Greater Media, effective January 1, 2017. 33. On or about November 1, 2016, the Beasley Defendants acquired Greater Media. As of that time, employees of Greater Media became employees of the Beasley Defendants. 34. The Beasley Defendants have described Defendant DeBella as a ?legendary personality? on their website. They issued a press release in November 2017 celebrating Defendant DeBella?s thirty fifth anniversary of Philadelphia radio in which Weston was quoted as follows: ?It?s a testament to John's talent and passion that he continues to connect with his audience in such a power way, and is still going strong, 35 years into the game.? 35. At all times material hereto, Plaintiff performed her duties in a highly competent manner. 36. During Plaintiff?s employment, she was subjected to discriminatory comments and conduct because of her sex. The sex discriminatory conduct to which Plaintiff was subjected included but was not limited to, the following: Defendant DeBella came up behind Plaintiff while she was standing at the printer and pressed up against her so that his genitals were pushing into her backside; While Defendant DeBeIla was pressing his genitals into Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 11 of 57 Plaintiff?s backside, she saw Lucas, Human Resources Director (Greater Media), coming around the corner. When Lucas saw the conduct in which Defendant DeBella was engaging, she threw her hands up in the air, said, don?t see anything,? and then turned and walked away; Defendant DeBella grabbed Plaintiff?s breast on more than one (1) occasion and, during at least one (1) of those times, complained that he did not get a ?good feel? because her bra was too padded; Defendant DeBella grabbed Plaintiff?s hand and rubbed it against his genital area; During a break in the show when Plaintiff was sitting on a bench in the studio, Defendant DeBella walked by her and pressed his genital area near her face and leg; When Defendant DeBella and Plaintiff were discussing the fact that she had worked for him for fourteen (14) years, he said that, ?I?ve been waiting fourteen (14) years for a blow job?; (9) When Plaintiff and Defendant DeBella were discussing the plans for the following day?s show, Plaintiff started to say, ?So you?re regarding a particular segment on the show. Defendant DeBella interrupted her and said, ?I?m thinking you should blow me?; After Defendant DeBella made repeated comments about wanting to have sex with Plaintiff, she said, ?you?re not going to give up, are you.? Defendant DeBella responded, ?When I stop trying, you should worry?; When Plaintiff cut her hair into a very short Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 12 of 57 Defendant DeBelIa told her how much more ?fuckable? she was with short hair, that he would ?bend [her] over [her] desk in a heartbeat,? and that it would be like ?fucking a teenage boy?; Defendant DeBella had a picture of a man, who resembles him, performing oral sex on a woman (in which only the woman?s genital area is shown) taped to his computer in his office. He told Plaintiff that, ?This is what it would look like if you let me?; When Weston saw the above?referenced picture in Defendant DeBella?s office of a man performing oral sex on a woman, he said only something to the effect, ?Oh, jeez,? and then left the office; (I) Defendant DeBella said that Plaintiff was ?more of a fisting kind of girl.? Plaintiff understood Defendant DeBella to be referring to a sexual activity that involves the insertion of a hand into the anus or the vagina, and then clenched into a fist; In a holiday card that Defendant DeBella gave to Plaintiff, he included the following, ?So along with the jokes, the ball breaking, the sexual harassment, and the parental scolding, please know that i love you very much and can?t imagine doing this job without you. Now dry your and blow In a card that Defendant gave to Plaintiff, he included the following, ?Nice card Nice Gift Nice Tits Now Blow (0) Defendant DeBella told Plaintiff that she was the only woman with whom he would have an affair because he trusted that she would not tell his wife; Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 13 of 57 When Plaintiff was talking about her (five (5) year old) daughter, and described her as ?sweet and fierce.? Defendant DeBella responded that, ?combined it?s the perfect making of a cunt?; When Plaintiff was discussing an idea for a segment on a future show, ?describe in three words why a relationship won?t work,? Defendant DeBella looked at her and said, ?No blow jobs?; When Defendant DeBella brought cucumbers from his home garden into the office to share with the employees, he pointed out to Plaintiff that all of the cucumbers were regular-sized except one that he said ?could reach your G?spot.? When Plaintiff went to take home two of the regular?sized cucumbers, Defendant DeBella held the larger, curved cucumber out to her and said, ?are you sure you don?t want this one,? while making a sexual gesture with the cucumber; (3) When Defendant DeBella mentioned the possibility of taking the show ?on the road? to London, he told Plaintiff that she would have to share a room with him to cut down on expenses and that, ?when we?re overseas, we?re not married [to their respective spouses].? Plaintiff complained to Defendants? then? Sales Director regarding Defendant DeBella?s comments and said that she would not share a room with Defendant DeBella. The Sales Director told her that she would not have to do so; In a discussion about intern candidates, Defendant DeBella said of one of the female candidates who appeared to be very intelligent based on the impressive academic achievements included on her resume that ?she 10 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 14 of 57 must be ugly.? When Plaintiff objected to his comment, he said to her, ?aren?t you glad I think you?re hot?; While Defendant DeBella?s nicknames for the male employees who worked on his show included ?Super Steve?; ?Giant Brian"; and, ?Gravy Boy,? his nickname for Plaintiff was ?Bitch? and he referred to her around the office as such; Defendant DeBella told Plaintiff that he could turn the pages of a phone book with his erect penis; Defendant DeBella told Plaintiff that he could tie a cherry stem with his tongue which he then demonstrated in the office, saying, ?imagine what it would be like.? Plaintiff understood DeBella to be telling herto imagine his performing oral sex on her; When Plaintiff returned to work after her maternity leaves that she took after having her children, Defendants did not offer her a private space in which she could pump her breast milk. Defendant DeBella repeatedly expressed his annoyance with Plaintiff needing to take time to pump, including pressuring her to ?just give that baby formula already and be done with it?; Because of Defendant DeBella?s expressed annoyance regarding the time that it took for Plaintiff to pump, and because they often immediately continued working in their shared office as soon as the show was over, Plaintiff set herself up for pumping, put on a large sweatshirt to cover up, and then did so in her office (that she shared with Defendant DeBella) so that they could continue working as she pumped. When Plaintiff did so, Defendant 11 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 15 of 57 DeBella asked to try some milk ?from the tap,? and he repeatedly tried to look down Plaintiff?s shirt; (2) Defendant DeBella walked into the womens? restroom while Plaintiff was In there, including, on one occasion, going into the stall next to hers and urinating; (aa) When Defendant DeBella was relating to another employee the story of Plaintiff?s initial interview with him, he said that she was fat at the time. When Plaintiff objected to his description, Defendant DeBella responded that she was fat, ?then you got hot, and then you had kids?; (bb) Defendant DeBella said that women in radio are ?useless,? and that they do not understand the technical aspects of the industry; (cc) Defendant DeBella has repeatedly made comments about female employees? breasts and backsides; (dd) When discussing an idea to cover on the show regarding types of food that are too much work, Plaintiff mentioned pineapple to which Defendant DeBella responded, love pineapple, makes my cum delicious. Want to try it?; (ee) When an employee brought an intern into Plaintiff?s shared office with Defendant DeBella so that they could meet him, Plaintiff noticed that the intern was wearing a t~shirt with the logo of a store owned by someone that she knew when she was a teenager. In the middle of Plaintiff telling the intern the story, Defendant DeBella said to Plaintiff regarding the store owner, ?did you let him, you know,? and then he made a gesture with his hand over his genital 12 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 16 of 57 area. Plaintiff understood Defendant DeBella to be asking whether she ever engaged sexually with the store owner. Plaintiff said no, and continued her discussion with the intern; (ff) In the middle of a discussion that Plaintiff was having with Defendant DeBella and Defendants? (male) Vice President of Programming, DeBelIa said to the VP, about Plaintiff, ?doesn?t my newswoman have great tits?; (gg) When Defendant DeBeIla, Plaintiff?s father, and Plaintiff?s husband were in Clearwater, Florida for Phillies? Spring Training, said to Plaintiff?s husband, "Come on, let me just fuck your wife already?; and, (hh) When Plaintiff asked to leave one day immediately upon the completion of the radio show because of an event at her childrens? school, Defendant DeBeIla expressed his displeasure regarding the same, and only granted her request after giving her a hard time about it. 37. Members of upper management were aware that Defendant DeBella exhibited sexually harassing behavior, but upon Plaintiff?s information and belief, did nothing to stop it. 38. Plaintiff filed a Complaint with the PHRC on September 19, 2016 regarding the discriminatory and harassing conduct to which she was being subjected. She sent the same to Defendants, including Defendant DeBella, on that same day. 39. Later that same day, Plaintiff was instructed not to come to work on the following day. She was also told that Defendant DeBella had been instructed 13 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 17 of 57 not to report to work on the following day. 40. On the following day, September 20, 2016, Plaintiff was told that Defendant DeBella would be returning to work on the following day, and that her options were to either return to work with Defendant DeBella, or not go to work and take a leave of absence. 41. Weston also told Plaintiff that an attorney had been retained to conduct an investigation into her complaints and that Plaintiff was expected to meet with the attorney. 42. Plaintiff did not want to return to work with Defendant DeBella still there but was hopeful that Defendants would take appropriate action and remedy the situation. 43. Plaintiff returned to work on September 21, 2016. 44. After doing the show with Defendant DeBella that day, Plaintiff informed Defendants that it was too difficult, and that, as they were aware, she had broken down after the show was over, and that she was unable to do it again. Defendants then placed Plaintiff on a leave of absence. 45. Defendant TTWN and Defendant lHeartMedia processed Plaintiff?s leave of absence. 46. An Employee Relations Advisor for Defendant lHeartiVledia contacted Plaintiff. The IHearthiedia employee told Plaintiff that she supported Defendant TTWN, and that she wanted to discuss Plaintiff?s complaints regarding her work environment. 47. Plaintiff provided all Defendants with copies of Defendant DeBella?s 14 Case Document 1 Filed 02/16/18 Page 18 of 57 cards that he had given to her (referenced in Paragraphs 35(m) and and the picture that Defendant DeBella had taped to his computer (referenced in Paragraphs 35(j) and as well as a copy of her detailed PHRC Complaint. When Defendant?s lHearthledia employee asked Plaintiff to discuss her complaints in more detail, Plaintiff answered all of her questions over email. 48. On November 1, 2016, almost six (6) weeks after Plaintiff filed her PHRC Complaint, Defendants contacted Plaintiff and told her that their attorney had completed the investigation regarding her complaints. 49. Defendants told Plaintiff that Defendant DeBeIla had denied many of the allegations that she had made about his sex discriminatory conduct and that he described many of the ?jokes? as ?mutual.? 50. Plaintiff was never told of any disciplinary action that Defendants took against DeBella regarding his conduct. 51. Defendants then told Plaintiff that, as they had completed their investigation, they expected her to return to work (on the show with Defendant DeBeIla) on the following day. 52. Defendants specifically told Plaintiff that her only ?options" were to return to work with Defendant DeBella or to resign. 53. Plaintiff told Defendants that she was not resigning from her employment, but that as they were well aware, she was unable to work with Defendant DeBeIla. 54. Defendants? response was that, as Plaintiff?s reviewed and resolved,? they saw ?no reason? why she should not be able to 15 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 19 of 57 return to her current position working with Defendant DeBella. Defendants further told Plaintiff that, while they could ?insist? that she return to working with DeBella, they would assign her other work assisting Weirauch, to whom Plaintiff reported at Defendant TTWN. 55. Plaintiff returned to work on or about November 8, 2016. Upon her return, she was demoted into a position of Traffic Reporter, work that she had not done since around early 2011. 56. This was a substantial demotion for Plaintiff in job duties, reporting structure, and status. Meanwhile, Defendant DeBeIla was permitted to remain in his position without any reduction or change in his job duties, reporting structure, and status. And, upon Plaintiff?s information and belief, no disciplinary action was taken against Defendant DeBella. 57. On or about December 8, 2016, Plaintiff sent an email to all Defendants advising that, due to the circumstances that she had outlined in her prior complaints (regarding the sex discriminatory and retaliatory conduct to which she was being subjected), and, having not been told of any action being taken against Defendant DeBella, she was no longer able to work at Defendants, and that her last day of employment would be January 6, 2017. 58. Plaintiff?s sex was a motivating and/or determinative factor in Defendants? discriminatory treatment of Plaintiff, including the hostile work environment to which Plaintiff was subjected, Plaintiff?s demotion, and Plaintiff?s separation of employment. 59. Plaintiff?s complaining of sex discrimination was a motivating and/or 16 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 20 of 57 determinative factor in Defendants? retaliatory treatment of Plaintiff, including Plaintiff?s demotion, and Plaintiff?s separation of employment. 60. Defendants failed to prevent or address the discriminatory and retaliatory conduct referred to herein and further failed to take corrective and remedial measures to make the workplace free of discriminatory and retaliatory conduct 61. The retaliatory actions taken against Plaintiff after she complained of discriminatory conduct would have discouraged a reasonable employee from complaining of discrimination. 62. The discriminatory and retaliatory conduct of Defendants, as alleged herein, was severe and/or pervasive enough to make a reasonable person believe that the conditions of employment had been altered and that a hostile work environment existed, and made Plaintiff believe that the conditions of employment had been altered and that a hostile work environment existed. 63. As a direct and proximate result of the discriminatory and retaliatory conduct of Defendants, Plaintiff has in the past incurred, and may in the future incur, a loss of earnings and/or earning capacity, loss of benefits, pain and suffering, embarrassment, humiliation, loss of self?esteem, mental anguish, and loss of life?s pleasures, the full extent of which is not known at this time. 64. Defendants acted with malice and/or reckless indifference to Plaintiff?s protected rights. COUNT - Title VII 17 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 21 of 57 65. Plaintiff incorporates herein by reference paragraphs 1 through 64 above, as if set forth herein in their entirety. 66. By committing the foregoing acts of discrimination and retaliation against Plaintiff, Defendants have violated Title VII. 67. Said violations were done with malice and/or reckless indifference, and warrant the imposition of punitive damages. 68. As a direct and proximate result of Defendants? violation of Title VII, Plaintiff has suffered the damages and losses set forth herein and has incurred attorneys? fees and costs. 69. Plaintiff is now suffering and will continue to suffer irreparable injury and monetary damages as a result of Defendants? discriminatory and retaliatory acts unless and until this Court grants the relief requested herein. 70. No previous application has been made for the relief requested herein. COUNT ll PHRA Beasley Defendants; Defendant Defendant lHeartMedia 71. Plaintiff incorporates herein by reference paragraphs 1 through 70 above, as if set forth herein in their entirety. 72. Defendants, by the above improper and discriminatory and retaliatory acts, have violated the PHRA. 73. Said violations were intentional and willful. 18 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 22 of 57 74. As a direct and proximate result of Defendants? violation of the PHRA, Plaintiff has sustained the injuries, damages, and losses set forth herein and has incurred attorney?s fees and costs. 75. Plaintiff is now suffering and will continue to suffer irreparable injuries and monetary damages as a result of Defendants? discriminatory and retaliatory acts unless and until the Court grants the relief requested herein. 76. No previous application has been made forthe relief requested herein. 991mm PHRA - Defendant DeBelIa 77. Plaintiff incorporates herein by reference paragraphs 1 through 76 above, as if set forth herein in their entirety. 78. Defendant DeBella aided, abetted, incited, compelled and/or coerced the discrimination and retaliation to which Plaintiff was subjected. 79. Defendant DeBella knowingly gave substantial assistance and/or encouragement to the unlawful conduct of the Beasley Defendants; Defendant and, Defendant lHeartMedia toward Plaintiff. 80. Said violations were intentional and willful. 81. As a direct and proximate result of Defendant DeBella?s violations of the PHRA, Plaintiff has sustained the injuries, damages, and losses set forth herein and has incurred attorneys? fees and costs. 82. Plaintiff is now suffering and will continue to suffer irreparable injury and monetary damges as a result of all Defendants? discriminatory and retaliatory 19 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 23 of 57 acts unless and until this Court grants the relief requested herein. 83. No previous application has been made forthe relief requested herein. PFPO Beasley Defendants; Defendant Defendant lHeartMedia 84. Plaintiff incorporates herein by reference paragraphs 1 through 83 above, as if set forth herein in their entirety. 85. Defendants, by the above improper and discriminatory and retaliatory acts, have violated the PFPO. 86. Said violations were intentional and willful. 87. As a direct and proximate result of Defendants? violation of the PFPO, Plaintiff has sustained the injuries, damages, and losses set forth herein and has incurred attorney?s fees and costs. 88. Plaintiff is now suffering and will continue to suffer irreparable injuries and monetary damages as a result of Defendants? discriminatory and retaliatory acts unless and until the Court grants the relief requested herein. 89. No previous application has been made for the relief requested herein. COUNT PFPO Defendant DeBeIla 90. Plaintiff incorporates herein by reference paragraphs 1 through 89 above, as if set forth herein in their entirety. 91. Defendant DeBella aided, abetted, incited, inducted, compelled 20 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 24 of 57 and/or coerced the discrimination and retaliation to which Plaintiff was subjected. 92. Defendant DeBella knowingly gave substantial assistance and/or encouragement to the unlawful conduct of the Beasley Defendants; Defendant and, Defendant lHeartMedia toward Plaintiff. 93. Said violations were intentional and willful. 94. As a direct and proximate result of Defendant DeBeIla?s violations of the PFPO, Plaintiff has sustained the injuries, damages, and losses set forth herein and has incurred attorneys? fees and costs. 95. Plaintiff is now suffering and will continue to suffer irreparable injury and monetary damges as a result of all Defendants? discriminatory and retaliatory acts unless and until this Court grants the relief requested herein. 96. No previous application has been made for the relief requested herein. RELIEF WHEREFORE, Plaintiff seeks damages and legal and equitable relief in connection with Defendants? improper conduct, and specifically prays that the Court grant the following relief to the Plaintiff by: declaring the acts and practices complained of herein to be in violation of Title declaring the acts and practices complained of herein to be in violation ofthe declaring the acts and practices complained of herein to be in violation ofthe 21 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 25 of 57 enjoining and permanently restraining the violations alleged herein; entering judgment against the Defendants and in favor of the Plaintiff in an amount to be determined; awarding compensatory damages to make the Plaintiff whole for all lost earnings, earning capacity and benefits, past and future, which Plaintiff has suffered or may suffer as a result of Defendants? improper conduct; (9) awarding compensatory damages to Plaintiff for past and future pain and suffering, emotional upset, mental anguish, humiliation, and loss of life?s pleasures, which Plaintiff has suffered or may suffer as a result of Defendants? improper conduct; awarding punitive damages to Plaintiff under Title awarding punitive damages to Plaintiff under the awarding Plaintiff such other damages as are apprOpriate under Title VII, the PHRA, and the awarding Plaintiff the costs of suit, expert fees and other disbursements, and reasonable attorney?s fees; and, 22 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 26 of 57 (I) granting such other and further relief as this Court may deem just, proper, or equitable including other equitable and injunctive relief providing restitution for past violations and preventing future violations. CONSOLE MATTIACCI LAW, LLC ?1 Dated: February 16, 2018 BY: 4% 7? Stephen G. Cons 13/6656) k- Caren N. Gur kin (205900) 1525 Locust St, 9th Floor Philadelphia, PA 19102 (215) 545-7676 Attorneys for Plaintiff, Jennifer Neill 23 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 27 of 57 Exhibit Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 28 of 57 met Jennifer Neil! v. Greater Media, Inc.; iHearthiedia, TTWN Media Networks, John DeBella PHRC Complaint Page 1 of 10 OF OFFICE HUMAN RELATIONS COMMISSION COMPLAINT COMPLAINANT: Jennifer Neill Docket No. V. RESPONDENTS: Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella 1. The Complainant herein is: Name: Jennifer Neill II I Yardley. PA 19067 2. The Respondents herein are: Name: Greater Media! Inc. d/b/a Greater Media Philadelphia One Baia Plaza, Suite 339 Bala PA 19004 and . Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 29 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella PHRC Complaint Page 2 of 10 Greater Media, Inc. 35 Braintree Hill Park. Suite 300 Braintree, MA 02184 and iHearthledia Inc. 200 East Basse Road, Suite 100 San Antonio, TX 78209 and TTWN Media Networks, LLC . 200 East Basse Road. Suite 100 San Antonio, TX 78209 and John DeBella Haverford, PA 19041 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 30 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella PHRC Complaint Page 3 of 10 3. l, Jennifer Neill, the Complainant herein, allege that Respondents have and continue to discriminate against me based on my sex (female), as set forth below: Discrimination A. I specifically allege: I became employed by Respondents? predecessor in around July 2000 as a Newsfiraffic Anchor (Reporter). In around June 2002, I was promoted into the position of News/Traffic Anchor (Reporter) for Respondents? The John DeBella Show, for which Respondent John DeBella (?DeBella?) (male) is host. in or around 2010, I was promoted into the position of ?sidekick? on DeBella?s show. i currently report to William Weston, (male) Program Director. I also have a reporting relationship to DeBella. During the course of my employment, I have consistently performed my duties in a highly competent manner. During my employment, Respondents have engaged in comments and conduct which have created a hostile work environment based on my sex. Evidence of such conduct includes, but is not limited to, the following: DeBella came up behind me while I was standing at the printer and pressed up against me so that his genitals were pushing into my backside; While DeBella was pressing his genitals into my backside, I saw Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 31 of 57 Jennifer Neill v. Greater Media, lnc.; iHeartMedia, TTWN Media Networks, John DeBella PHRC Complaint Page 4 of 10 Lucas, Respondents? Human Resources Director, coming around the corner. When Ms. Lucas saw the conduct in which DeBella was engaging, she threw her hands up in the air, said, don?t see anything,? and then turned and walked away; DeBella grabbed my breast on more than one (1) occasion and, during at least one (1) of those times, complained that he did not get a ?good feel? because my bra was too padded; Del-Bella grabbed my hand and rubbed it against his genital area; When i eat on a bench in the studio to take breaks during a period in the show in which we are playing music and waiting to go back on the air, DeBella walked past me, and pressed his genital area near my face and on my leg; When DeBeIla and were discussing the fact that I had worked for him for fourteen (14) years, he said that, ?I?ve been waiting fourteen (14) years for a blowjob?; (9) When discussing the plans for the show for the following day with DeBelia, i started to say, ?So you?re regarding a particular segment on the show. DeBella interrupted me and said, ?I?m thinking you should blow me?; I After DeBella made repeated comments about wanting to have sex with me, i said, ?you?re not going to give up,.are you.? DeBella responded, ?When i stop trying, you should worry"; Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 32 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella PHRC Complaint Page 5 of 10 When I cut my hair into a very short DeBella told me how much more ?fuckable? I was with short hair, that he would ?bend [me] over [my] desk in a heartbeat,? and that it would be like ?fucking a teenage boy?; DeBeIla has a picture of a man, who resembles him, performing oral sex on a woman (in which only the woman?sgenital area is shown) taped to his computer in his office. He told me that, ?This is what it would look like if you let me?; When Weston saw the picture in DeBella?s office of a man performing oral sex on a woman, he said only something to the effect, Oh, jeez, and then left the office; DeBella said that was ?more of a fisting kind of girl.? I understood DeBella to be referring to a sexual activity that involves the insertion of a hand into the anus or the vagina, and then clenched into a fist; (rn) In a holiday card that DeBella gave to me, he included the following, ?80 along with the jokes, the ball breaking, the sexual harassment, and the parental scolding, please know that I love you very much and can?t imagine doing this job without you. Now dry your and blow mel?; In a card that DeBella gave to me, be included the following, ?Nice card[,] Nice Gift Nice Tits[,] Now Blow Mei?; DeBell?a told me that i am the only woman with whom he would have an affair because he trusts that i would not felt his wife; Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 33 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella PHRC Complaint Page 6 of 10 When discussing my (five (5) year old) daughter with DeBella and Vassalotti, I said that she was ?sweet and fierce.? DeBella responded that, ?combined it?s the perfect making of a cunt?; When I was discussing an idea fora segment on a future show, ?describe in three words why a relationship won?t work," with DeBella and Vassalotti, DeBella looked at me and said, ?No blowjobs?; When DeBella brought cucumbers from his home garden into the office to share with the employees, he pointed out to me that all of the cucumbers were regular-sized except one (1) that he said ?could reach your G-spot.? When I went to take home two (2) ofthe regular?sized cucumbers, DeBella held the larger, curved cucumber out to me and said, ?are you sure you don?t want this one,? while making a sexual gesture with the cucumber; (3) When DeBella mentioned the possibility of taking the show ?on the road? to London, he said that he and I would have to share a room to out down on expenses and that, ?when we're overseas, we're not married.? I complained to Respondents? (former) Sales Director regarding DeBella?s comments and said that I would not share a room with DeBella. The Sales Director told me that I would not have to do so; In a' discussion about intern candidates, DeBella said of one of the female candidates who appeared to be very intelligent based on the impressive Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 34 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella PHRC Complaint Page 7 of 10 academic achievements included on her resume, that ?she must be ugly." When i objected to his comment, he said to me, ?aren?t you glad I think you?re hot"; DeBella has developed nicknames for the employees who are on his show with him; the nickname that he uses to refer to me is ?Bitch," while the nicknames of the males on the show are ?Super Steve?; ?Giant Brian?; and, ?Gravy Boy?; DeBella refers to me as ?Bitch? around the office; DeBella told me that he can turn the pages of a phone book with his erect penis; DeBella told me that he can tie a cherry stem with his tongue which he has demonstrated in the office, saying, ?imagine what it would be like.? I understood DeBella to be telling me to imagine his performing oral sex on me; When i returned to work after my maternity leaves that I took after having my children, Respondents did not offer me a private space in which I could pump my breast milk. DeBella repeatedly expressed his annoyance with my needing to take time to pump, including pressuring me to ?just give that baby formula already and be done with it?; (2) Because of DeBella?s expressed annoyance regarding the time that it took for me to pump, and because we often immediately continued working in our shared office as soon as the show was over, I set myself up for pumping, put on a large sweatshirt to cover up, and then did so in my office (that I shared with DeBella) so Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 35 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella PHRC Complaint Page 8 of 10 that we could continue working as I pumped. When i did so, DeBella asked to try some milk ?from the tap,? and he repeatedly tried to look down my shirt; (as) DeBella walked into the womens? restroom while I was in there, including, on one (1) occasion, going into the stall next to mine and urinating; (bb) When DeBella was relating to another employee the story of my initial interview with him, he said that was fat at the time. When I objected to his description, he responded that was fat, ?then you got hot, and then you had kids"; (cc) DeBella said that women in radio are ?useless,? and that they do not understand the technical aspects of the industry; (dd) DeBella has repeatedly made comments about female employees? breasts and backsides; (ee) When discussing an idea to cover on the show regarding types of food that are too much work, I mentioned pineapple to which DeBella responded, ?i love my cum delicious. Want to try it?; (ff) When an employee brought an intern into my shared office with DeBelia so that we could meet him, I noticed that the intern was wearing a t?shirt with the logo of a store owned by someone that I knew when was a teenager. In the middle of my telling the intern the story, DeBella said to me regarding the store owner, ?did you let him, you know,? and then he made a gesture with his hand over his genital area. i understood DeBella to be asking whether that individual and i ever engaged sexually. I said no, and continued my discussion with the intern; Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 36 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, TTWN Media Networks, John PHRC Complaint Page 9 of 10 (gg) In the middle of a discussion that was having with DeBella and Respondents? (male) Vice President of Programming, DeBella said to the VP, about me, ?doesn?t my newswoman have great tits?; (hh) When DeBella, my father, and my husband were in Clearwater, Florida for Phillies Spring Training, DeBella said to my husband, ?Come on, let me just fuck your wife already?; and, (ii) When i requested to leave one (1) day immediately upon the completion ofthe radio show because of an event at my children?s school, DeBella expressed his displeasure regarding my request, and granted it only after giving me a hard time regarding the same. Respondents have not provided a legitimate, nondiscriminatory reason for the sex discriminatory conduct, including the hostile work environment, to which i have been, and continue to be, subjected. Respondents have ineffective and/or insufficient policies concerning discrimination. DeBella aided and abetted the discrimination to which i was subjected. B. Based on the aforementioned, allege that Respondents have harassed and discriminated against me based on my sex in violation of the Human Relations Act, 43 RS. ?95i, et seq. and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. ?2000e, etseq} (?Title including, without limitation, as set forth herein. Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 37 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella PHRC Complaint Page 10 of 10 4. The allegations in paragraph 3 hereof constitute unlawful discriminatory practices in violation of: Human Relations Act (Act of October 27, 1955, P.L. 744, as amended) Section 5 Subsection(s): Section 5.1 Subsection(s) Section 5.2 Subsection(s) Fair Educational Opportunities Act (Act of July 17, 1961, P.L. 766 as amended). Section 4 Subsection(s) 5. Other action based on the aforesaid allegations has been instituted by the Complainant in any court or before any other commission within the Commonwealth of as follows: This charge will be referred to the EEOC for the purpose of dual filing. 6. The Complainant prays that the respondents be required to: appropriate. Make the Complainant whole. Eliminate all unlawful discriminatory practice(s) and procedures(s). Remedy the discriminatory effect of past practice(s) and procedure(s). Take further affirmative action necessary and appropriate to remedy the violation complained of herein. 7 Provide such further relief as the Commission deems necessary and Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 38 of 57 l. Naill, hereby verify that the statements: cantalned in this Complaml are true) and corracl to the beast of my knowledge, information. and belief. I understand that the; atalammta heraln are mama subject to the penaltlea of 18 P.A.C.A 4904, relating t0 unawc?yrn falai?catlon to authoritlas. CT/l?/lw Ju??x (Da?a sldnad) I (SWature) 7 Jennifer Neill Yardley, PA 19067 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 39 of 57 Exhibit Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 40 of 57 a if?? I i ll; 5: I 74? gang km" Jennifer Neill v. Greater Media, in-o.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella Second Complaint Page 1 0f 8 ?r-f?wv ?Vania gig-113g; COMMONWEALTH OF OFFICE HUMAN RELATIONS COMMISSION SECOND COMPLAINT COMPLAINANT: Jennifer Neill Docket No. v. RESPONDENTS: Greater Media, Inc.; iHeartN'ledia, lnc.; TTWN Media Networks, John DeBella 1. The Complainant herein Name: Jennifer Neill Yardley, PA 19067 2. The Respondents herein are: Name: Greater Media. Inc. d/b/a Greater Media Philadelphia One Bala Plaza. Suite 339 Bala PA 19004 and Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 41 of 57 Jennifer Neili v. Greater Media, 1110.; iHeartMedia, lnc.; TTWN Media Networks, John DeBeila Second PHRC Complaint Page 2 of 8 Greater Media. inc. 35 Braintree Hill Park. Suite 300 Braintree, MA 02184 and iHeartMedi-a? 200 East Basse Road, Suite 100 San Antonio? TX 78209 and TTWN Media Networks. LLC 200 East 83339 Road, Suite 100 San Antonio, TX 78209 and Beasiev Broadcast Group. Inc. 3033 Riviera Drive. Suite 20.0 Naples, FL 34103 and John DeaBe-iia H-averford, PA 19041 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 42 of 57 Jennifer Neill v. Greater Media, Inc; iHeartMedia, lnc.; TTWN Media Networks, John DeBella Second PHRC Complaint Page 3 of 8 3. Jennifer Neill, the Complainant herein, allege that Respondents have and continue to discriminate against me based on my sex (female), and, have, and continue to, retaliate against me based on my complaints of sex discriminatory ccnduct, as set forth below: Discrimination A. i specifically allege: became employed by Respondent-5? predecessor in around July 2000. as a Newsfl?raffic Anchor (Reporter). In around June 2002, I was promoted into the position of News/Traffic Anchor (Reporter) for Respondents? The John DeBella Show, for which Respondent John DeBella (male) is host. In or around early 2011, was promoted into the position of ?sidekick" on DeBella?s show. I reported to William Weston, (male) Program Director. also had a reporting relationship to DeBella. During the course of my employment, I have consistently performed my duties in a highly competent manner. On September 19, 2016, I filed a Complaint with the PHRC regarding the sex discriminatory comments and conduct to which i was being subjected. I sent a copy to Respondents, including DeBella, on that same day. Later that same day, I was told that both DeBella and were told not to report to work on the following day. Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 43 of 57 Jennifer Neiil v. Greater Media, inc.; tHeartMedia, inc.; TTWN Media Networks, John DeBeila Second PHRC Complaint Page 4 of 8 On the fotlowing day, September 20, 2016, Weston informed me that Respondent Greater Media had retained an attorney to conduct an investigation into my complaints and that i was expected to meet with her. i was also told that DeBella would be returning to work on the following day, and that my options were to either return to work with DeBella, or not go to work and remain on leave. informed Respondents that, as difficult as it was, given my options, I would return to work on the following day. i sent several questions to Weston regarding the meeting with the company?s attorney, including asking about the purpose of the meeting, as i had already given Respondents copies of my detailed PHRC complaint. At around the same time, Respondents tHeartiVledia/TTWN contacted me, telling me that they wanted me to discuss my complaints with them. informed Respondents that, based on their responses to my questions (including that was not required to attend the meeting with their attorney and that Respondents did not want me to bring my attorney as a witness so that the investigation would not be ?impeded?), was declining to participate in the meetings. i also sent Respondents copies of the cards that DeBella gave me (referenced in my first PHRC Complaint), including those that stated, ?Nice card[,] Nice Gift Nice Tits[,} Now Btow Mel" and, ?So along with the jokes, the ball breaking, the sexuai harassment, and the parental scolding, please know that i love you very much and can?t imagine doing this job without you. Now dry your and blow me!? i also sent Respondents a copy of a picture that DeBella had taped to his computer in his Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 44 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartNiedia, lnc.; TTWN Media Networks, John DeBell-a Second PHRC Complaint Page 5 of 8 office of a man, who resembles him, performing oral sex on a woman (in which only the woman?s genital area is shown). [10] I returned to work on September 21, 2016, and did the show with DeBella. [11} After I left work that day, I let Respondents know that going through work that day was incredibly tough, and that, as they were aware, had broken down after the show was over, and that was unable to do it again. I was then placed on leave. [12] On November 1, 2016, almost six (6) weeks after I filed my PHRC Complaint, and after I twice asked Respondents fer an update regarding their investigation, Respondents contacted me and said that their attorney had completed the investigation regarding my complaints. They told me that DeBella had denied many of the allegations, that he described many of the ?jokes? as ?mutual,? and the investigation resulted in a finding that i had actively and voluntarily participated in inappropriate conduct, including that of a sexual nature, in the office. Respondents did not tell me how they reached that conclusion, including in light of the cards and picture thatl had sent to them evidencing DeBella?s sex discriminatory conduct. [13] I was then told that Respondents were going to ?reset? the DeBella show and to send employees to training. Respondents told me that they expected that i could just return to work (on the show with DeBella) on the following day. [14] When I followed up with Respondents to confirm my options, I was told that my only ?options? were to either return to work with DeBella or resign. Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 45 of 57 Jennifer Neill v. Greater Media, Inc.; iHearthiedia, lnc.; TTWN Media Networks, John DeBella Second PHRC Complaint Page 6 of 8 [15] confirmed with Respondents that was not resigning, but that, as they were well aware, was unable to work with DeBella. [16] Respondents? response was that since my reviewed and resolved,? they saw ?no reason" why i should not be able to return to my current position working with DeBella. They further stated that, although they could ?insist" that return to my position working with DeBelia, they would assign me other work assisting Charlie Weirauch, Director of Operations for Respondent TTWN (Philadelphia). [17] I returned to work on November 8, 2016. Upon my return, I was placed into a position in which i give traffic reports for one (1) of ReSpondents? stations, which I had not done since my promotion to ?sidekick? on DeBella?s show in around early 2011. [18] To date, have not been advised of any disciplinary action that Respondents have taken against DeBella regarding his conduct. [19] Respondents have not provided a legitimate, non~discriminatory reason for the sex discriminatory conduct, including the hostile work environment, and retaliation to which i have been, and continue to be, subjected. Respondents have ineffective and/or insufficient policies concerning discrimination and retaliation. [21] Def-Bella aided and abetted the discrimination to which I was subjected. 8, Based on the aforementioned, allege that Respondents have harassed and discriminated again-st me based on my sex, and retaliated against me based on my complaints about the same, in violation of the Human Relations Act, 43 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 46 of 57 Jennifer Neili v. Greater Media, lnc.; iHeartMedia, lno.; TTWN Media Networks, John DeBeiia Second PHRC Complaint Page of 8 RS. ?951, e: sag. and Title of the Civil Rights Act of 1964, as amended, 42 U.S.C. ?2000e, et seq. (?Title Vll"), including, without limitation, as set forth herein. 4. The allegations in paragraph 3 hereof constitute unlawful discriminatory and retaliatory practices in violation of: Human Reiations Act (Act of October 27, 1955, PL. 744, as amended) Section 5 Subsection(s): ?Bil Section 5.1 Subsection(s) Section 5.2 Subsection(s) Fair Educational Opportunities Act (Act of July 17, 1961, P.L. 766 as amended). Section 4 Subsection(s) 5. Other action based on the aforesaid allegations has been instituted by the Complainant in any court or before any other commission within the Commonwealth of as follows: This charge will be referred to the EEOC for the purpose of dual 6. The Complainant prays that the respondents be required to: Make the Complainant Whole. (to) Eliminate all unlawful discriminatory and retaliatory practice(s) and procedures(s). Remedy the discriminatory and retaliatory effect of past practice(s) and procedure(s). Take further affirmative action necessary and appropriate to remedy the violation complained of herein. Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 47 of 57 Jennifer Neill v. Greater Media, inc.; EHeartMedia, Inca; TTWN Media Networks, John DeBella Second PHRC Complaint Page 8 of 8 Provide: such further relief as the Commission deems necegsary and appropriate. Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 48 of 57 Jennifer Neill, hereby verify that the statements contained in this Complaint are true and correct to the beast of my knowledge, information, and belief. I understand that the 3tatements herein are: made subject to the penalties m? 38 P.A.C.A 4904, relating to unswam falsification to authorities}. lI/JK/lcp (Dat?. sigrled) Jennifer Neill Yardley, PA 19067 Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 49 of 57 Exhibit Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 50 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella Second Amended PHRC Complaint Page .2 0f 5 Ilifl?ii?mg?l {Elixir} COMMONWEALTH OF OFFICE HUMAN RELATIONS COMMISSION SECOND AMENDED COMPLAINT COMPLAINANT: Jennifer Neill Docket No. v. 7 13.1 :3 RESPONDENTS: ?ti-5:2? if; 117:2? Greater Media, Inc.; iHeartMedia, lnc.; $12? TTWN Media Networks, .: John DeBella . I 01:) The Complainant herein is: Name: Jennifer Neill Yardley. PA 19067 2. The Respondents herein are: Name: Greater Media, Inc. d/b/a Greater Media Philadelphia One Bala Plaza, Suite 339 Beta PA 19004 and Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 51 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella Second Amended PHRC Complaint Page 2 of 5 Greater Media, Inc. 35 Braintree Hill Park. Suite 300 Braintree. MA 02184 and iHear?cMedia, inc. 200 East Basse Road, Suite 100 San Antonio, TX 78209 and TTWN Media Networks, LLC 200 East Basse Road, Suite 100 San Antonio. TX 78209 and Beasley Broadcast Group, Inc. 3033 Riviera Drive, Suite 200 Naples, FL 34103 and John DeBeila Haverford. PA 19041 Case Document 1 Filed 02/16/18 Page 52 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella Second Amended PHRC Complaint Page 3 of 5 3. l, Jennifer Neill, the Complainant herein, allege that Respondents have discriminated against me based on my sex (female), and have retaliated against me based on my complaints of sex discriminatory conduct, asset forth below: Discrimination A. I specifically allege: I became employed by Respondents? predecessor in around July 2000 as a News/Traffic Anchor (Reporter). ln around June 2002, was promoted into the position of News/Traffic Anchor (Reporter) for Respondents? The John DeBella Show, for which Respondent John DeBella (?DeBella?) (male) is host. In or around early 2011, was promoted into the position of ?sidekick? on DeBella?s show. I reported to William Weston, (male) Program Director. also had a reporting relationship to DeBella. During the course of my employment, I consistently performed my duties in a highly competent manner. On September 19, 2016, Ifiled a Complaint with the PHRC regarding the sex discriminatory comments and conduct to which I was being subjected. I sent a copy to Respondents, including DeBella, on that same day. On November 28, 2016, filed a Second PHRC Complaint with the PHRC regarding the sex discriminatory comments and conduct to which i was being subjected. I sent a copy of the same to Respondents on that same day. Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 53 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, Inc.; TTWN Media Networks, John DeBeila Second Amended PHRC Complaint Page 4 of 5 On or about December 8, 2016, I sent an email to Respondent advising that, due to the circumstances that I had outlined in my prior complaints (regarding the sex discriminatory and retaliatory conduct to which i was being subjected), was no longer able to work at Respondents, and that my last day of employment would be January 6, 2017, Respondents have not provided a legitimate, non?discriminatory reason for the sex discriminatory conduct, including the hostile work environment, and retaliation to which I have been, and continue to be, subjected. Respondents have ineffective and/or insufficient policies concerning discrimination and retaliation. DeBella aided and abetted the discrimination to which i was subjected. B. Based on the aforementioned, allege that Respondents harassed and discriminated against me based on my sex, and retaliated against me based on my complaints about the same, in violation of the Human Relations Act, 43 RS. ?951, e1 sag. and Title of the Civil Rights Act of 1964, as amended, 42 U.S.C. ?2000e, et seq. (?Title inciuding, without limitation, as set forth herein. 4. The allegations in paragraph 3 hereof constitute unlawful discriminatory and retaliatory practices in violation of: Human Relations Act (Act of October 27, 1955, P.L. 744, as amended) Section 5 Subsection(s): Section 5.1 Subsection(s) Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 54 of 57 Jennifer Neill v. Greater Media, Inc.; iHeartMedia, lnc.; TTWN Media Networks, John DeBella Second Amended PHRC Complaint Page 5 of 5 Section 5.2 Subsection(s) Fair Educational Opportunities Act (Act of July 17, 1961, PL. 766 as amended). Section 4 Subsection(s) 5. Other action based on the aforesaid allegations has been instituted by the Complainant in any court or before any other commission within the Commonwealth of as follows: This charge will be referred to the EEOC for the purpose of dual filing. 6. The Complainant prays that the respondents be required to: Make the Complainant whole. Eliminate all unlawful discriminatory and retaliatory practice-(s) and procedures(s). Remedy the discriminatory and retaliatory effect of past practice(s) and procedure(s). Take further affirmative action necessary and appropriate to remedy the violation complained of herein. Provide such further relief as the Commission deems necessary and appropriate. Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 55 of 57 VERIFICATION l, Jennifer Neill. hereby verify that the statements contained in this Complaint are true and correct to the best of my knowledge, information, and belief. understand that the-statements herein are made subject to the penaltles of 18 P.A.C.A 4904, relating to unswom falsi?cation to authorities. ?ll/F7 (Date ?igned) (Signature) ?le nifer Neill Yardley, PA 19067 .. 4 mi :23 . 12:; ?ii; it: Jim?; 1111.1.x; ?11,1? E3 1. 1%:an if} Case 2:18-cv-00701-WB Document 1 Filed 02/16/18 Page 56 of 57 Exhibit Case 2:18-cv-00701-WB; Document 1 Filed 02/16/18 Page 57 of 57 teeoc Form U.S. EQU EMPLOYMENT OPPORTUNITY NOTICE RIGHT TO SUE (ISSUED ON REQUEST) To: Jennifer Neill i From: Philadelphia District Office - 801 Market Street Suite 1300 Phliadelphla,PA19107 Yardley, PA 19067 i i On behalf of person(s) aggrieved whose identity ls CONFIDENTIAL (29 CFR 1: EEOC Charge No. 3, EEOC Representative Telephone No. i i Legal Unit (215) 440-2828 3 (See also the additionaI information enclosed with this form) News ?to me PERSON AeoRiEveo: i Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Genetic information Nondiscrimination Act (GINA): This is your Notice of Right to Sue, issued under Title Vii, the ADA or GINA based on the above-numbered charge. it has been issued at your request. Your iawsuit underiTitie VII, the ADA or GINA must be filed in a federal or state court 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 suit based on a claim under state law may be different.) I More than 180 days have passed ince the ?ling of this charge. Less than 180 days have passed ince the ?ling of this charge, but i have determined that it is unilkely that the EEOC will be able to complete its administrat?ve processing within 180 days from the ?ling of this charge. The EEOC is terminating its processing of this charge. DE The EEOC will continue to process: this charge. Age Discrimination in Employment Act (ADEA): You may sue under the ADE-A at any time from 60 days after the charge was filed until 90 days after you receive notice that we have 00': plated action on the charge. In this regard. the paragraph marked below appiies to your case: The EEOC is closing your case. Therefore, your iawsuii under the ADEA must be filed in federal or state court 90 DAYS of your receipt of this Notice. Otherwise, your right to sue based on the above-numbered charge will be lost. The EEOC is continuing its handling of your ADEA case. However, if 60 days have passed since the ?ling of the charge, you may file suit in federal or state;?court under the ADEA at this time. . Equal Pay Act (EPA): You aiready have the right to sue under the EPA (?ling an EEOC charge is not required.) EPA suits must be brought in federal or state court within 2 years (3 years forljwiliful violations) of the alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years 13 yegrs) before you file suit may not be coilectible. I If you ?le suit, based on this charge, please send a copy of your court complaint to this of?ce. t' On behalf of the Commission (I /z/I Enclosureels) Kevin J. Berry, (Dalia Mailed) Acting District Director I cc: Caren N. Gurmankin, Esq. GREATER INC. DBA GREATER MED CONSOLE LAW OFFICES I 1525 Locust St, 9th Floor Philadelphia. PA 19102 Todd A. Ewan, Esq. '2 - FISHER 150 N. Radnor Chester Road .. Suite C300 *1 Radnor, PA 19087 Van?, .. ..