Case Document 1 Filed 02/23/18 USDC Colorado TPagTeIi of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. JENNIFER TAYLOR Plaintiff, v. COLORADO RIVER FIRE RESCUE also known as COLORADO RIVER FIRE PROTECTION DISTRICT Defendant. COMPLAINT AND JURY DEMAND Plaintiff, Jennifer Taylor, through her undersigned counsel, Killian, Davis, Richter Mayle, PC, submits this Complaint and Jury Demand, and allege as follows: PARTIES AND JURISDICTION 1. The acts complained of occurred in Colorado. 2. Plaintiff Jennifer Taylor (?Ms Taylor?) is a resident of Colorado, and has been at all relevant times hereto. 3. Defendant, Colorado River Fire Rescue also known as Colorado River Fire Protection District (hereinafter is a special district in Colorado established and authorized under Title 32 of the Colorado Revised Statutes. It is a public entity that was established to provide ?re, EMS, hazardous materials and rescue response for the Town of New Castle, the Town of Silt, the City of Ri?e and surrounding areas. 4. CRFR is an employer as de?ned by 42 U.S.C. 2000e(b). Case Document 1 Filed 02/23/18 USDC Colorado Page 2 of 18 5. Ms. Taylor was an employee of CRFR as de?ned by 42 U.S.C. 2000e(f). 6. Ms. Taylor?s claims for relief arise out of Title VII of the American Civil Rights Act of 1964, as amended. 7. On March 8, 2017, Ms. Taylor ?led a charge of discrimination with the Equal Employment Opportunity Commission 8. On July 31, 2017, Ms. Taylor submitted a supplemental charge of discrimination. 9. On December 28, 2017, the EEOC issued a Notice of Right to Sue to Ms. Taylor. 10. Ms. Taylor ?led this Complaint within ninety days of her receipt of the Notice of Right to Sue. 11. Jurisdiction is proper pursuant to 28 U.S.C. 1331. 12. Venue is proper pursuant to 28 U.S.C. 1391. GENERAL ALLEGATIONS 13. Plaintiff incorporates by reference each and every paragraph of this Complaint. 14. Ms. Taylor has been an employee of Colorado River Fire Rescue, or its predecessors from approximately January 1, 2007, until the present. 15. Colorado River Fire Rescue has over 100 employees. 16. Ms. Taylor?s position with Colorado River Fire Rescue is Fire?ghter/Paramedic. 17. In May of 2017, Ms. Taylor was one of only two female ?ill?time female Fire?ghter/Paramedic?s employed by Colorado River Fire Rescue. 18. While working for Colorado River Fire Rescue, Ms. Taylor was subject to sexual harassment and discrimination based on her gender (female). 19. During Ms. Taylor?s entire time with the Colorado River Fire Rescue, she has been subject to gender discrimination and sexual harassment. 2 ?caseTiri?i-ch-OO464-WYD Documentl FiledT)2/23/18 USDC Colorado @eBOf 18 20. Some of the most recent gender discrimination and sexual harassment Ms. Taylor was subjected to includes, but is not limited to the following events pleaded below. 21. On or around May 13, 2016, Ms. Taylor had to leave the station to attend a training. 22. Ms. Taylor was still logged onto her work computer when she left. 23. At the time, Ms. Taylor?s computer screen background was a picture of her family. 24. While Ms. Taylor was at the training, she was called to respond to a 911 call. 25. After completing the 911 call, Ms. Taylor returned to the station later that day. 26. When Ms. Taylor returned to the station and went back to her computer, she found that her computer screen background had been changed to a pornographic picture of two men performing mutual oral sexual intercourse on one another. 27. Ms. Taylor immediately shouted in shock and other employees came over to observe. 28. Ms. Taylor was humiliated and embarrassed that this had been done to her. 29. Another employee took a photograph of the computer screen with the pornographic image on it to document What had happened. 30. Information Technology Director, John Gredig, then tried to ?x Ms. Taylor?s computer. 31. Mr. Gredig searched Internet Explorer and determined that while Ms. Taylor was gone, someone had entered a search for ?Big Hairy Dicks? and had pulled up numerous other pornographic images. case "?U?sBE?color??d6_" 65554 are" 32. Mr. Gredi cleared this information from the Internet Explorer history and replaced the pornographic background image with the picture of Ms. Taylor?s family. 33. Mr. Gredig reported the incident to Fire Chief Jones. 34. -Ms. Taylor submitted a written statement of what had happened to Fire Chief Jones. 35. It was determined that three male employees, Ben Park, Jeff Clymer, and Wyatt May, had changed the background image on Ms. Taylor?s computer while Ms. Taylor was out. 36. These male employees admitted to changing Ms. Taylor?s computer screen background. 37. Colorado River Fire Rescue sent one of the male employees, Jeff Clymer, home for 12 hours over the incident. 38. No other discipline was given to any employee over the incident involving Ms. Taylor?s computer until after Ms. Taylor submitted a charge of discrimination with the EEOC. 39. None of the male employees who participated in this incident were demoted, suSpended, or terminated for the incident. 40. Fire Chief Jones told Ms. Taylor that the incident was Ms. Taylor?s fault and that Ms. Taylor needed to watch how she behaved around the male ?re?ghters. 41. Ms. Taylor was retaliated against and subject to further harassment because she reported the incident with her computer. 42. In the days and weeks following the incident with the computer, Ms. Taylor?s computer screen background was changed again multiple times in order to humiliate her. On one occasion Ms. Taylor?s computer screen background was changed to a picture of ?My Little Ponies.? On another occasion, Ms. Taylor?s computer screen background was changed to a 4 Doeu?mgatr Filed 02/23/18 usDc*?colorado**?p*ag?s of 18 picture of a unicorn defecating a rainbow. 43. Ms. Taylor reported these incidents to her superiors, but was told that it was ?no big deal? and to ?let it go.? 44. No investigation was done in response to these incidents and no corrective action or discipline was taken until after Ms. Taylor submitted a charge of discrimination with the EEOC. 45. On another occasion a male employee, Jeff Kaiser, was complaining about Jennifer Taylor to another male employee, Cody Lister. Mr. Kaiser stated that Ms. Taylor did not deserve to work for Colorado River Fire Rescue because she was a female and that no females should have the right to work for the Colorado River Fire Rescue. 46. Mr. Lister reported Mr. Kaiser?s comments to Battalion Chief Kevin Alvey. Chief Alvey took no corrective action in response. 47. Mr. Lister also reported to Ms. Taylor what Mr. Kaiser had said. Ms. Taylor reported the comments to Battalion Chief Tim Lavin. Chief Lavin took no corrective action in response. 48. On other occasions lVlr. Kaiser made comments directly to Ms. Taylor and in front of other employees that Ms. Taylor should not be able to work for Colorado River Fire Rescue because she is a female. 49. No disciplinary or corrective action was taken toward Mr. Kaiser for these comments until after Ms. Taylor submitted a charge of discrimination with the EEOC. 50. On another occasion a male Lieutenant, Randy Hill, was standing in the kitchen and was told that Sierra Carroll, who is the other full?time female at the department, would be case Document 1 iFileHb?/ZS/is Usbc Colorado pageeons working with Ms. Taylor for a period of time. Lieutenant Hill stated in response, ?Great. The last thing we need around here is another goddamn vagina.? 51. Ms. Taylor reported this incident to her Battalion Chief Tim Lavin. However, no disciplinary or corrective action was taken until after Ms. Taylor submitted a charge of discrimination with the EEOC. 52. On another occasion, Fire Chief Rob Jones said to Ms. Taylor that she could not attend a con?ned Space rescue training. Chief Jones said that Ms. Taylor could not attend the training because she was female and because she was female she was not strong enough to perform a con?ned space rescue. Chief Jones said that because Ms. Taylor is a female and not strong enough, she would never be sent on a con?ned space rescue. No disciplinary or corrective action was taken. 53. On another occasion, Ms. Taylor was interested in attending a conference for women in ?re rescue. In order to attend the conference, Ms. Taylor needed to submit a letter of support from her Battalion Chief. 54. Ms. Taylor asked Battalion Chief Tim Lavin for a letter of support so that she could attend the conference. However, Chief Lavin stated that he would not provide a letter of support for Ms. Taylor to attend the conference for women in ?re service. Other male employees were permitted to attend other training conferences. 55 . In the months following these incidents, Ms. Taylor was retaliated against for complaining about these incidents and denied promotional opportunities because of her gender and because she complained about gender discrimination and sexual harassment. 56. In the fall of 2016, Colorado River Fire Rescue posted an internal job posting for Case 7 7 Document 1 Filed 02/23/18 USDC Colorado Page 7 of 18 3 Lieutenant position. Ms. Taylor applied for the position. 5 7. Ms. Taylor met the requirements for the position and was well quali?ed for the position. 58. Ms. Taylor interviewed and presented for the position with a panel of employees for Colorado River Fire Rescue, including Chief Jones. During the interview/presentation, Ms. Taylor attempted to bring up whether gender diversity would be bene?cial to the department. Fire Chief Jones indicated that this would not be addressed and told Ms. Taylor to wrap up the interview/presentation. 59. Ms. Taylor was not allowed the full amount of time for the interview/presentation as the male employees who applied for the position. 60. Ms. Taylor was not selected for the position. A male employee was selected for the position. 61. Additionally, several male employees who applied for the position were put on a promotion list, indicating that they would be eligible for promotion at a later date. 62. Ms. Taylor was not placed on the promotion list. 63. Ms. Taylor was denied the promotion and also not placed on the promotion list because of her gender and because she complained about gender discrimination and sexual harassment. 64. No females are in a leadership position at Colorado River Fire Rescue. 65. Subsequently, in the fall of 2016, Colorado River Fire Rescue posted an internal job posting for an EMS Coordinator Position. Case?lnznih?-?cvr-7002i674-WYD Document 1? Filed 02/23/18 USDC Colorado PageBof 18 66. Ms. Taylor applied for the position. 67. 7 Ms. Taylor met the requirement for the position and was well quali?ed for the position. 68. However, Fire Chief Jones informed Ms. Taylor that she would not even be allowed to test for the position. Fire Chief Jones told Ms. Taylor that she was not quali?ed for the position because she was not an of?cer and she did not have facility transport experience. Ms. Taylor indicated in response that she was an of?cer, that she had facility transport experience, and that this information was indicated on her resume and application materials. Chief Jones said he was not aware of that, indicating he had not even reviewed my resume and application materials. 69. Ms. Taylor was not allowed to test for the position even after she pointed out that she was quali?ed for the position. 70. A male was hired for the position. 71. Ms. Taylor was denied the promotion because of her gender and because she complained about gender discrimination and sexual harassment. 72. Ms. Taylor ?led a Charge of Discrimination with the EEOC on March 8, 2017. 73. Since that time, Ms. Taylor been retaliated against for reporting the above referenced discriminatory conduct and for ?ling a Charge of Discrimination. Ms. Taylor also been subject to additional harassment and disparate treatment since ?ling her charge of discrimination with the EEOC. Ifii?d 02/28/18 Colorado page 9 of 18 74. On April 7, 2017, Ms. Taylor was training at Station 61. While she was training, 7 Ben Park, one of the male ?re?ghters who was responsible for putting pornography on her computer, came up to her and punched her. 75. Lt. Joe Kronkowitz observed Mr. Park punch Ms. Taylor. 76. Lt. Kronkowitz did not. reprimand or counsel Mr. Park despite having seen him punch Ms. Taylor. I 77. Lt. Kronkowitz did not report having observed Mr. Park punch Ms. Taylor. 78. At the time, Lt. Kronkowitz was aware that Ms. Taylor had previously reported Mr. Park?s conduct. 79. Ms. Taylor was physically injured as a result of being punched by Mr. Park. 80. On April 10, 2017, Ms. Taylor reported the incident in writing to Chief Jones. 81. In response to reporting being punched, Ms. Taylor was told to report to a workers? compensation doctor, Dr. Kelly. 82. Ms. Taylor reported to Dr. Kelly who placed her on light duty. 83. However, Colorado River Fire Rescue would not allow Ms. Taylor to work while she was on light duty restrictions. 84. There was a signi?cant amount of light duty work that Ms. Taylor could have performed, but Colorado River Fire Rescue would not allow her to work. 85. Ms. Taylor reported this issue in writing to Chief Jones. 86. However, Ms. Taylor was still not permitted to work while she was on light duty restriction even though light duty work was available. "case? 02/23/18 "?056 Canada CPa?g?? 10 bf?ia 87. Because she was not permitted to work, she was forced use approximately 144 hours, while she was on light duty restriction. 88. Colorado River Fire Rescue did not allow Ms. Taylor to return to work until she had no restrictions, which was not until June of 2017. 89. Colorado River Fire Rescue did not investigate the above referenced acts of harassment and discrimination until after Ms. Taylor ?led a Charge of Discrimination with the EEOC despite her previously reporting these acts or individuals in leadership at Colorado River Fire Rescue having observed the events. 90. After Ms. Taylor ?eld a charge of discrimination the Colorado River Fire Rescue conducted an investigation into some of Ms. Taylor?s allegations. 91. As a part of its investigation, the Colorado RiVer Fire Rescue con?rmed the following allegations: a. Ms. Taylor?s computer screen was altered to a pornographic picture without her consent. b. None of the male employees who participated in the computer screen incident were demoted, suspended, or terminated for the incident. Jeff Kaiser stated that Ms. Taylor ?did not deserved to work for CRFR because sheis a female and that no females should have the right to work at d. Lt. Randy Hill was standing in the kitchen and was told that Sierra Carrol would be working with Ms. Taylor for a period of time. Lt. Hill stated in 10 Case Document 1 Filed 02/23/18 USDC Colorado Page 11 of 18 response, ?Great. The last thing we need around here is another goddamn vagina.? e. Ms. Taylor reported Lt. Hill?s comments to Battalion Chief Tim Lavin and no disciplinary action was taken.? f. Ben Park hit Ms. Taylor. 92. Even after conducting an investigation and substantiating these allegations, none of the male ?re?ghter who participated in the sexual harassment and discrimination described above were terminated. 93. Colorado River Fire Rescue did not even terminate Ben Park after it con?rmed that he was involved in putting pornography on Ms. Taylor?s computer and that he punched Ms. Taylor. 94. Only after Ms. Taylor ?led a charge of discrimination with the EEOC, Mr. Park was suspended 144 hours. 95. However, Mr. Park was allowedto return from his suspension after only 48 hours. 96. Colorado River Fire Rescue?s handling of the harassment and discrimination Ms. Taylor experienced has sent a message that it will tolerate male employees engaging in overt sexual harassment and even physical violence toward female employees without fear of termination or even signi?cant discipline. 97. Since ?ling a charge of discrimination with the EEOC, Ms. Taylor has continued to experience discrimination, hostile work environment, and overall poor treatment due to having reported and complained about sexual harassment and gender discrimination. ll Documentl Filed 02/23/18 USDC Colorado Page 12 of 18 98. Since ?ling a charge of discrimination with EEOC, Ms. Taylor has been denied opportunities to participate in work functions, trainings, and work groups due to her having reported and complained about sexual harassment and gender discrimination. FIRST CLAIM FOR RELIEF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED Sexual Harassment Hostile Work Environment) 42 U.S.C. 2000c et. sea. 99. Plaintiff incorporates by reference each and every paragraph of this Complaint. 100. It is unlawful for an employer to intentionally refuse to hire or to intentionally discharge any person or otherwise discriminate against any person with respect to compensation, tenure, conditions, or privileges of employment because of such person?s sex. 101. 42 U.S.C. 2000e?2(a) provides that: It shall be an unlawful employment practice for an employer?? (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual?s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual?s race, color, religion, sex, or national origin. 12 Case Documentl Filed 02/23/18 USDC Colorado Page 13 of 18 102. Ms. Taylor was subjected to intentional discrimination because of her sex (female) by the intentional conduct of plaintiff?s co?workers, consisting of conduct of an unwelcomed sexual nature, such as sexually explicit comments and conduct. 103. The sexually-explicit comments and conduct was severe and pervasive. 104. The sexually-explicit comments and conduct detrimentally affected Ms. Taylor. 105. The sexually-explicit comments and conduct would have detrimentally affected a reasonable person of the same sex in Ms. Taylor?s position. 106. Supervisors and Management level employees, knew or should have known of the alleged sexual harassment described above. 107. Supervisors and Management level employees failed to implement prompt and appropriate corrective action. 108. Ms. Taylor incurred injuries, damages, and losses as a result of sexual harassment hostile work environment created by her co-workers? sexually-explicit comments and conduct. SECOND CLAIM FOR RELIEF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED (Sex Discrimination Terms, Conditions, and Privileges of Employment) 42 U.S.C. 2000e? et. seq. 109. Plaintiff incorporates by reference each and every paragraph of this Complaint. 110. It is unlawful for an employer to intentionally refuse to hire or to intentionally discharge any person or otherwise discriminate against any person with respect to compensation, tenure, conditions, or? privileges of employment because of such person?s sex. 111. 42 U.S.C. provides that: It shall be an unlawful employment practice for an employer?? 13 Case Document 1 Filed 02/23/18 USDC Colorado Page 14 of 18 (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual?s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual?s race, color, religion, sex, or national origin. 112. Ms. Taylor is in a protected class status based on her sex (female). 113. The sexually harassment and gender discrimination to which Ms. Taylor was subjected impacted the terms, conditions, and privileges of Ms. Taylor?s employment with CRFR. 114. supervisors and managers were aware of the sexual harassment and gender discrimination to which Ms. Taylor was subjected. 115. Management level and human resources employees failed to implement prompt and appropriate corrective action 116. Ms. Taylor?s sex (female) was a motivating factor in conduct. 117. Employees not of Ms. Taylor?s protected class status were not subject to different terms, conditions, and privileges of their employment with CRFR due to sexual harassment and gender. 118. Ms. Taylor was denied promotions, raises, training, and other employment opportunities due to her gender. 14 Case Document 1 Filed 02/23/18 USDC Colorado" Page 15 of 18 119. Ms. Taylor was subjected to disparate treatment due to her gender. 120. Ms. Taylor incurred injuries, damages, and losses as a result of her different terms, conditions, and privileges of her employment with CRFR. THIRD CLAIM FOR RELIEF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. AS AMENDED (Retaliation) 42 U.S.C. 2000c et. seq. 121. Plaintiff incorporates by reference each and every paragraph of this Complaint. 122. Ms. Taylor reported and complained about sexual harassment and gender discrimination to her managers and supervisors at CRFR. 123. As a result of complaining about sexual harassment and gender discrimination, Ms. Taylor was subjected to retaliation, including but not limited to additional sexual harassment and gender discrimination, disparate treatment, physical violence, and denial of promotions, raises, training, and other employment opportunities. 124. Ms. Taylor ?led a Charge of Discrimination with the EEOC complaining about sexual harassment and gender discrimination. 125. As a result of filing a Charge of Discrimination with the EEOC concerning sexual harassment and gender discrimination, Ms. Taylor was subjected to retaliation, including but not limited to additional sexual harassment and gender discrimination, disparate treatment, physical Violence, and denial of promotions, raises, training, and other employment opportunities. 126. Ms. Taylor sustained injuries, damages, and losses as a result of the retaliation to which CRFR subjected her. DAMAGES FOR VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, I AS AMENDED 15 Case Document 1 Filed 02/23/18 USDC Colorado Page 16 of 18 42 U.S.C. 8 2000c et. seq. 127. Plaintiff incorporates by reference each and every paragraph of this Complaint. 128. intentional discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, entitles Ms. Taylor to an award of back pay, including pre-judgment and post-judgment interest, she would have been entitled to had she been promoted until the last day of trial. 129. Ms. Taylor?s back pay damages include lost wages and bene?ts, taking into consideration any increases in salary and bene?ts that Ms. Taylor would have received had she not been discriminated against. 130. intentional discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, entitles Ms. Taylor to promotion to the positions for which she applied or, in the alternative if promotion is unavailable, an award damages for future loss of earnings (front pay), including post-j udgment interest, for the period from the last day of the trial forward. 131. Ms. Taylor?s front pay damages include lost wages and bene?ts, taking into consideration any increases in salary and bene?ts that Ms. Taylor would have received had she- not been discriminated against. 132. intentional discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, entitles Ms. Taylor to an award of compensatory damages, including pre- judgment and post-judgment interest, for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. 16 Case Document 1 Filed 02/23/18 USDC COlorado Page 17 of 18 133. intentional discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, entitles Ms. Taylor to an award of damages for expenses Ms. Taylor has incurred as a result of conduct. 134. acts of intentional discrimination and failing to prevent or protect Ms. Taylor from sexual harassment hostile work environment were done with malice or reckless indifference to Ms. Taylor?s federally-protected rights under Title VII of the Civil Rights Act of 1964, as amended. 135. acts of intentional discrimination and failing to prevent or protect Ms. Taylor from sexual harassment hostile work environment, done with malice or reckless indifference to Ms. Taylor?s federally-protected rights under Title VII of the Civil Rights Act of 1964, as amended, entitles Ms. Taylor to an award of punitive damages, including pre?judgment and post-judgment interest, in addition to compensatory damages. 'Ms. Taylor is entitled to punitive damages to punish CRFR for its misconduct and to warn others against doing the same. A 136. 42 U.S.C. 2000e?5(k) provides that: In any action or proceeding under this subchapter the court, in its discretion, may allow the prevailing party . . . a reasonable attorney?s fee (including expert fees) as part of the costs . . . . 137. Ms. Taylor is entitled to an award of attomeys? fees and litigation costs. WHEREFORE, plaintiff respectfully requests: A udgment to be entered against Defendant for monetary injuries, damages, and losses in an amount to ?be proven at trial; 17 Case Document 1 Filed 02/23/18 USDC Colorado Page 18 of 18 B. Pre?judgment and post-judgment interest; C. Costs of litigation, including expert witness fees; D. Reasonable attorney?s fee; E. Exemplary/punitive damages; and F. Such other and further relief as the Court deems just and proper. PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES. DATED this 23rdday of February, 2018 18 KILLIAN DAVIS Richter ayle, PC Nicholas W. Mavle Nicholas W. Mayle, Esq. Attorneys for Plaintiff 202 North 7th Street Post Of?ce Box 4859 Grand Junction, CO 81502 Phone: (970) 241?0707 Fax: (970) 242-8375 nick@killianlaw.corn