Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 1 of 11 1 2 3 4 5 6 Sonya L. Smallets, Esg. (SBN226190) Aaron P. Minnis, Esq. (SBN202935) Evan R. Ettinghoff, Esq. (SBN298949) MINNIS & SMALLETS LLP 369 Pine Street, Suite 500 San Francisco, CA 94104 T: (415) 551-0885 F: (415) 683-7157 E: sonya@minnisandsmallets.com Attorneys for Plaintiff SHEILA BABOT 7 THE UNITED STATES DISTRICT COURT FOR THE 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 Case No.: SHEILA BABOT, 11 COMPLAINT FOR DAMAGES 12 PLAINTIFF, DEMAND FOR JURY TRIAL 13 14 vs. 15 16 17 EQUILON ENTERPRISES LLC SHELL OIL PRODUCTS US, DBA 18 DEFENDANT. 19 20 21 22 23 24 25 COMES NOW PLAINTIFF SHEILA BABOT for causes of action, and alleges as follows: 26 27 28 -1- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 2 of 11 I. NATURE OF THE CASE 1 1. 2 This action is brought by PLAINTIFF SHEILA BABOT ("BABOT" or 3 "PLAINTIFF"), a former employee of DEFENDANT EQUILON ENTERPRISES LLC 4 DBA SHELL OIL PRODUCTS US ("SHELL" or "DEFENDANT"), for sex-based 5 harassment, sex discrimination, failure to take reasonable steps to prevent 6 discrimination and harassment, and retaliation in violation of California's Fair 7 Employment and Housing Act ("FEHA") as well as retaliation in violation of 8 California's Labor Code and the public policy of the state of California. 9 2. BABOT worked at SHELL as a refinery process operator. During 10 her tenure, 11 environment, and discriminated against and harassed because of her gender. 12 BABOT observed male employees watching pornography on their phones and 13 laptops. Female employees were told to stay inside and cook for the male 14 employees. BABOT was told that she should "send us pictures of her tits" and 15 "give us all blow jobs." She was told that, if anything dripped on her, she 16 would have to shower naked in front of her co-workers, which was not true. 17 3. she was subjected to a male-dominated, sexist work BABOT's supervisor observed this sexist behavior but did nothing 18 to stop it or correct the situation, so it continued. On or around October 15, 19 2016, BABOT reported her concerns about this sexist behavior and hostile 20 work environment to her supervisor, who said he could not do anything about 21 it. Less than two weeks later, SHELL terminated BABOT's employment, 22 despite the fact that she performed well at all times. II. PARTIES 23 4. 24 At all relevant times herein, PLAINTIFF worked for SHELL in 25 Contra Costa County in the State of California. PLAINTIFF resides in 26 California. 27 /// 28 /// -2- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 3 of 11 5. 1 SHELL is a Delaware corporation, with its principal place of 2 business in Houston, Texas. At all relevant times herein, SHELL was 3 PLAINTIFF's employer. 6. 4 During all relevant time periods, SHELL had and continues to 5 have 5 or more employees and, as such, is an "employer" within the meaning 6 of FEHA. 7. 7 Upon information and belief, the individuals whose actions are 8 complained of herein are and/or were agents of SHELL at all relevant times 9 and, for all purposes herein, acted within the course and scope of their 10 employment with SHELL such that their actions and inactions are attributable 11 to SHELL. III. JURISDICTION AND VENUE 12 8. 13 This Court has original jurisdiction over this action under 28 14 U.S.C. § 1332, in that it is a civil action between citizens of different states 15 in which the matter in controversy exceeds, exclusive of interest and costs, 16 seventy-five thousand dollars. 17 9. This suit is brought in the United States District Court of the 18 Northern District of California. Venue is proper in this district pursuant to 19 FEHA, Cal. Gov. Code § 12965(b), as PLAINTIFF worked and the unlawful 20 employment practices alleged herein were committed in Contra Costa 21 County, which is within the Northern District of California. 22 IV. EXHAUSTION OF ADMINISTRATIVE REMEDIES 10. 23 BABOT has complied with all conditions precedent to jurisdiction 24 under FEHA. On or about October 18, 2017, within the statutory period, 25 BABOT filed a charge of employment discrimination with the Department of 26 Fair Employment and Housing . BABOT received a notice of right to sue on 27 that date. Therefore, all administrative prerequisites have been met. 28 /// -3- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 4 of 11 V. FACTUAL ALLEGATIONS 1 2 11. BABOT began working for SHELL on January 4, 2016 as a refinery 3 process operator. She was part of a new hire class of 22 people, 4 of whom 4 were women. 5 12. BABOT performed well during training. According to her 6 performance reviews, BABOT "display[ed] a good understanding of safety 7 rules and regulations from her years in the military," was "very attentive and 8 ask[ed] questions when needed," had a "learners attitude," and was a "good 9 team player." BABOT's supervisor remarked that by the end of March 2016, 10 BABOT had completed her training tasks with limited supervision and was 11 performing "above expectation." 12 13. In April of 2016, as her classroom-based training was drawing to 13 a close, BABOT was to complete a required walk-through, in which she (as 14 well as the other trainees) walked through the plant with the department 15 manager, answering questions about the refinery's systems and operations. 16 During the walk through, a supervisor told BABOT that she did a good job 17 overall and performed "really well" on "Regen," a process by which an 18 operator exchanges and cleans the catalysts inside each reactor. 19 14. 20 also scored well. 21 15. A few days later, BABOT took a final written test, on which she After BABOT completed the final walk-through and the written 22 test, she, like all new hires, had to spend several days working directly with 23 a process operator in order to be considered qualified. BABOT completed her 24 training with the qualified operators, each of whom signed off on her parallel 25 training checklist, making her a qualified operator. 26 16. Thereafter, BABOT was assigned to the distilling and 27 hydroprocessing (D&H) unit, where she reported to team leader Buster 28 Metcalf. -4- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 5 of 11 1 2 3 17. Throughout her employment at SHELL, BABOT was subjected to a male-dominated, sexist, hostile work environment. 18. BABOT observed male employees watching pornography on their 4 phones and laptops almost every morning when she reported to work. Female 5 employees were told to stay inside the unit and cook for the male employees. 6 During the spring of 2016, Mr. Metcalf told BABOT to order a new coffee 7 machine for the kitchen, which was not a part of her job responsibilities. 8 BABOT did not observe Mr. Metcalf assigning similar tasks to male employees. 9 BABOT was also told that male employees in the D&H unit would have get 10 togethers outside of work, such as pizza parties and golfing, but BABOT was 11 never invited to these activities. BABOT often ate lunch in a separate room 12 or in the women's bathroom to avoid the sexist environment at SHELL. 13 19. BABOT worked hard during the training period and was a very 14 safety-conscious employee. In contrast, her male co-workers often slept on 15 the job or socialized in the blast resistant module trailer, while she worked 16 outside on the unit. BABOT's manager showed her a video of himself and 17 other male operators horsing around with each other, racing bicycles around 18 the unit, which was a safety hazard. A male operator was nicknamed "life 19 alert" because he often made mistakes, was late to work, or fell asleep in the 20 unit. He even wrote in his shift report that he "didn't do shit." 21 20. BABOT was also subjected to demeaning, sexist comments by her 22 coworker, Rick Duff. During the training period, Mr. Duff denigrated BABOT 23 and other female employees every day, telling them they didn't know what 24 they were doing and commenting on their appearance. In April of 2016, Mr. 25 Duff told BABOT that if anything drips on her, she was required to take off 26 her clothes and go into the safety shower naked in front of her coworkers, 27 which was not true. This comment was humiliating and offensive to BABOT. 28 BABOT heard that Mr. Duff made statements about her in the locker room, -5- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 6 of 11 1 such as "tell Sheila to send us pictures of her tits" and "is Sheila going to give 2 us all massages when she comes to team 2?" and "too bad Sheila's married, 3 maybe she'd give us all blow jobs." Mr. Duff made vulgar remarks about other 4 female operators' "tits" and told a female operator that it "Looks like your bra 5 is too tight." Mr. Duff also made comments over the radio about his penis 6 size on a weekly basis, which made SABOT uncomfortable. Mr. Duff wrote 7 "Rick's Sausage Shack" in large permanent marker on a storage shed. 8 Employees and managers frequently accessed this shed, as it contained 9 important refinery tools and equipment. At the time of SABOT's termination, 10 11 "Rick's Sausage Shack" was still displayed on the shed. 21. Throughout the summer of 2016, Elzen Wilson was SABOT's 12 supervisor. Mr. Wilson observed Mr. Duff's inappropriate behavior toward 13 women and overheard many of his vulgar comments. On or around October 14 15, 2016, SABOT asked Mr. Wilson why Mr. Duff was able to set the tone and 15 treat women the way he does. Mr. Wilson responded that he didn't know, but 16 that his hands were tied and he could not do anything about it. 17 22. Shortly thereafter, on October 28, 2016, SHELL terminated 18 SABOT's employment, allegedly for "unsatisfactory performance during the 19 probationary period." 20 23. SHELL engaged in a pattern and practice of discrimination. Upon 21 information and belief, female refinery process operators were less likely than 22 male refinery process operators to pass probation. 23 24. DEFENDANT's actions were undertaken for improper purposes as 24 alleged above and were willful, oppressive and in conscious disregard of 25 SABOT's rights, and were designed and intended to cause and did, in fact, 26 cause and continue to cause SABOT to suffer severe emotional distress, pain 27 and suffering, and substantial economic damage and, therefore, justify the 28 awarding of exemplary and punitive damages. -6- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 7 of 11 1 VI. CAUSES OF ACTION 2 FIRST CAUSE OF ACTION 3 (Harassment Because of Sex and/or Gender in Violation of FEHA) 4 5 25. PLAINTIFF re-alleges and incorporates by reference each paragraph previously alleged in the Complaint as if fully set forth herein. 6 26. DEFENDANT is an employer within the meaning of FEHA. 7 27. PLAINTIFF was an employee of DEFENDANT. 8 28. PLAINTIFF was subjected to unwanted harassing conduct and a 9 hostile work environment because of her sex and/or gender. 10 29. The harassing conduct was severe or pervasive. 11 30. A reasonable woman in PLAINTIFF's circumstances would have 12 13 14 15 considered the work environment to be hostile or abusive. 31. PLAINTIFF considered the work environment to be hostile or abusive. 32. DEFENDANT is liable for the harassment because a supervisor 16 with actual or reasonably perceived authority over PLAINTIFF engaged in the 17 conduct and/or DEFENDANT, or its agents or supervisors, knew or should 18 have known of the conduct and failed to take immediate and corrective 19 action. 20 33. PLAINTIFF was harmed. 21 34. The harassing conduct was a substantial factor in causing 22 PLAINTIFF harm. 23 SECOND CAUSE OF ACTION 24 {Failure to Prevent Harassment and Discrimination) 25 26 35. PLAINTIFF re-alleges and incorporates by reference each paragraph previously alleged in the Complaint as if fully set forth herein. 27 36. DEFENDANT is an employer within the meaning of FEHA. 28 37. PLAINTIFF was an employee of the DEFENDANT. -7- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 8 of 11 38. 1 PLAINTIFF was subject to discrimination, harassment, and a 2 hostile work environment because of her sex and/or gender and/or in 3 retaliation for opposing the DEFENDANT's unlawful discriminatory practices. 4 5 39. DEFENDANT failed to take reasonable steps necessary to prevent the discrimination, harassment, and retaliation. 6 40. PLAINTIFF was harmed. 7 41. DEFENDANT's failure to take reasonable steps to prevent the 8 discrimination, harassment, and retaliation was a substantial factor in causing 9 PLAINTIFF's harm. 10 THIRD CAUSE OF ACTION 11 {Sex Discrimination in Violation of FEHA) 12 13 42. PLAINTIFF re-alleges and incorporates by reference each paragraph previously alleged in the Complaint as if fully set forth herein. 14 43. DEFENDANT is an employer within the meaning of FEHA. 15 44. PLAINTIFF was an employee of DEFENDANT. 16 45. DEFENDANT harassed PLAINTIFF and terminated her. 17 46. PLAINTIFF's sex was a substantial motivating reason for the 18 DEFENDANT's adverse employment actions. 19 47. PLAINTIFF was harmed. 20 48. DEFENDANT's conduct was a substantial factor in causing 21 PLAINTIFF's harm. 22 FOURTH CAUSE OF ACTION 23 {Retaliation in Violation of FEHA) 24 25 49. PLAINTIFF re-alleges and incorporates by reference paragraph previously alleged in the Complaint as if fully set forth herein. 26 50. DEFENDANT is an employer within the meaning of FEHA. 27 51. PLAINTIFF was an employee of DEFENDANT. 28 each Ill -8- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 9 of 11 1 2 52. PLAINTIFF engaged in protected activity when she complained of sexual harassment, a hostile work environment, and sex discrimination. 3 53. DEFENDANT terminated PLAINTIFF. 4 54. PLAINTIFF's complaint of sexual harassment, a hostile work 5 environment, and sex discrimination was a substantial motivating reason for 6 the DEFENDANT's adverse employment action. 7 55. PLAINTIFF was harmed. 8 56. DEFENDANT's conduct was a substantial ·factor in causing 9 PLAINTIFF harm. 10 FIFTH CAUSE OF ACTION 11 {Violation of Labor Code§ 1102.5) 57. 12 13 PLAINTIFF re-a lieges and incorporates by reference each paragraph previously alleged in the Complaint as if fully set forth herein. 14 58. PLAINTIFF was an employee of DEFENDANT. 15 59. PLAINTIFF disclosed information that she had reasonable cause 16 to believe disclosed a violation of, or noncompliance with, federal, state, and 17 local statutes and regulations to a person with authority over her. 18 19 60. PLAINTIFF refused to work under conditions that would result in a violation or noncompliance with a state or federal statute or regulation. 20 61. DEFENDANT discharged PLAINTIFF. 21 62. PLAINTIFF's disclosure of information and/or PLAINTIFF's refusal 22 to work under conditions that would result in violation or noncompliance with 23 applicable laws or regulations was a motivating reason for the discharge or 24 other adverse actions. 25 63. PLAINTIFF was harmed. 26 64. DEFENDANT's conduct was a substantial .factor in causing 27 PLAINTIFF harm. 28 Ill -9- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 10 of 11 1 SIXTH CAUSE OF ACTION 2 (Wrongful Termination in Violation of Public Policy) 65. 3 4 PLAINTIFF re-alleges and incorporates by reference each paragraph previously alleged in the Complaint as if fully set forth herein. 5 66. PLAINTIFF was an employee of DEFENDANT. 6 67. DEFENDANT terminated PLAINTIFF. 7 68. Said termination violated fundamental public policies as set forth 8 in FEHA and the California Labor Code, including but not limited to Labor Code 9 §§ 1102.5 and 6300 et seq. 69. 10 The termination harmed PLAINTIFF. 11 SEVENTH CAUSE OF ACTION 12 (Intentional Infliction of Emotional Distress) 13 70. DEFENDANT's conduct was outrageous. 14 71. DEFENDANT intended to cause PLAINTIFF emotional distress or 15 acted with reckless disregard of the probability that PLAINTIFF would suffer 16 emotional distress. 17 72. PLAINTIFF suffered severe emotional distress. 18 73. DEFENDANT's conduct was a substantial factor in causing 19 PLAINTIFF's severe emotional distress. 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill -10- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1 Filed 08/08/18 Page 11 of 11 VII. PRAYER FOR RELIEF 1 2 WHEREFORE, PLAINTIFF seeks, to the extent allowed by law, economic 3 damages, non-economic damages for pain, suffering and emotional distress, 4 exemplary damages, injunctive relief, legal interest, statutory attorney's 5 fees, expert witness fees, and costs of suit. PLAINTIFF also seeks such other 6 relief as the court deems just. 7 8 DATED: July 27, 2018 MINNIS & SMALLETS LLP 9 10 11 SMALLETS, ESQ. Attorneys for Plaintiff SHEILA BABOT 12 13 14 15 16 JURY TRIAL DEMAND Pursuant to Rule 38 of the Federal Rules of Civil Procedure, PLAINTIFF demands a trial by jury in this action of all issues triable. 17 18 19 20 21 22 23 DATED: July 27, 2018 MINNIS & SMALLETS LLP ('\ U 1:)Yr U/ l, ./ s (\ ,..Jy,../0 w~r-6 by: --------~~--~'---------­ SONY · . SMALLETS, ESQ. Attorneys for Plaintiff SHEILA BABOT 24 25 26 27 28 -11- COMPLAINT FOR DAMAGES Case 4:18-cv-04802-DMR Document 1-1 Filed 08/08/18 Page 1 of 1 JS-CAND 44 (Rev. 06/17) CIVIL COVER SHEET The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This fonn, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.} I. (a) PLAINTIFFS DEFENDANTS Babot, Sheila (b) Equilon Enterprises LLC DBA Shell Oil Products US County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES) County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY) Solano NOTE: (C) Attomey__s_(~(·rm.Nm'l"o Addrev.and Telesh~e Nwlwer) LLP S Or'lya L. ;:,rna letS, t:Sq., IVIInniS 0. .::>ma lets IN LAND CONDEMN A T!ON CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) 369 Pine St., Ste. 500, S.F., CA 94104 (415) 551-0885 II. BASIS OF JURISDICTION (Place an "X" in One Box Only} III. CITIZENSIDP OF PRINCIPAL PARTIES (Place an "X" in on.e Box for Plaimiff (For Diversity Cases Only} U.S. Government Plaintiff 2 IV. Federal Question (U.S. Govemment Not a Party) X4 U.S. Government Defendant NATURE OF SillT CONTRACT II 0 Insurance 120 Marine PTF Citizen of This State PERSONAL INJURY 140 Negotiable Instrument 315 Airplane Product Liability 320 Assault, Libel & Slander I 50 Recovery of Overpayment Of Veteran's Benefits 330 Federal Employers' Liability . 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury -Medical Malpractice 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders· Suits 190 Other Contract 195 Contract Product Liability CIVIL RIGHTS 440 Other Civil Rights 441 Voting 196 Franchise REAL PROPERTY X 442 Employment 443 Housing/ Accommodations 445 Amer. w/DisabilitiesEmployment 446 Amer. w/Disabilities-Qther 448 Education 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 2 2 Citizen or Subject of a Foreign Country TORTS 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) I and One Box for Defendant) PTF Incorporated or Principal Place 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 6 DEF 4 X5 6 (Place an "X" in One Box Only) PERSONAL INJURY 310 Airplane 130 Miller Act X I Citizen of Another State Diversity (Indicate Citizenship of Parties in Item Ill} DEF 365 Personal Injury- Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 3 71 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS HABEAS CORPUS FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC § 881 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions 463 Alien Detainee 510 Motions to Vacate Sentence 530 General BANKRUPTCY 422 Appeal 28 USC § 158 OTHER STATUTES 375 False Claims Act 423 Withdrawal 28 USC § 157 376 Qui Tam (31 USC § 3729(a)) PROPERTY RIGHTS 820 Copyrights 830 Patent 835 Patent-Abbreviated New Drug Application 840 Trademark SOCIAL SECURITY 86 1 HIA (1395ff) 862 Black Lung (923) 863 DIWCIDIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IR5-Third Party 26 USC § 7609 535 Death Penalty OTHER 540 Mandamus & Other 550 Civil Rights 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced & Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of · Agency Decision 950 Constitutionality of State Statutes 555 Prison Condition 560 Civil DetaineeConditions of Confinement V. ORIGIN (Place an X 1 Original 2 Proceeding VI. CAUSE OF ACTION "X" in One Box Only} Removed from State Court Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation-Transfer Multidistrict Litigation-Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite iurisdictional statutes unle>·s diversity) : 28 u.s.c. 1332 Brief descriotion of cause: Sex discrimination, sex harassment, and retaliation in employment. VII. REQUESTED IN COMPLAINT: CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, Fed. R . Civ. P. VIII. RELATED CASE(S), IF ANY (See instructions}: IX. DEMAND$ ruDGE CHECK YES only if demanded in complaint: JURY DEMAND: X Yes No DOCKET NUMBER DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) X SAN FRANCISCO/OAKLAND (Place an "X" in One Box Only) DATE 07/27/2018 SIGNATURE OF ATTORNEY OF RECORD SAN JOSE I EUREKA-MCKINLEYVILLE