UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION ___:19-CV-____ Patrick Amanuel, Plaintiff, v. United Parcel Service Defendant. ___________________________________ ) ) ) ) ) ) ) ) ) ) ) Complaint Jury Trial Demanded NOW COMES Plaintiff, by and through the undersigned counsel, and complaining of the Defendant, alleges and says: I. INTRODUCTION & JURISDICTION 1. This is an action seeking legal and equitable relief under the Americans with Disabilities Act of 1990 (ADA), as codified, 42 U.S.C. §§ 12112 to 12117. 2. Jurisdiction of the Court is invoked pursuant to 28 U.S.C, §1343, this being a proceeding to enforce rights and remedies secured under the ADA. Jurisdiction is also conferred upon this Court by 42 U.S.C § 2000(3) et seq. And 28 U.SC. § 1331. 3. Jurisdiction is further invoked pursuant to 28 U.S.C. §§ 2201 and 2202, this being an action for declaratory judgment declaring illegal the act of defendant complained of herein which violated rights secured to the plaintiff by the ADA. 1 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 1 of 8 II. PARTIES 4. Plaintiff is a U.S. citizen and resident of Monroe, North Carolina. 5. Defendant is a business with an office located in Charlotte, North Carolina. 6. Defendant’s primary office is located in Atlanta, GA but they have a significant operation within this jurisdiction and across the country. III. FACTS 7. Patrick Amanuel (hereinafter “Plaintiff”) was hired by Defendant on or about June 17, 2002. 8. Plaintiff was promoted to full-time Automotive Maintenance Supervisor on or about June 2017. 9. Plaintiff was new to his position (and had received little training) when he was suddenly informed that he could no longer use the manual while performing his job functions. 10. About July of 2017, Plaintiff informed Defendant that he was having difficulty memorizing the PMI (preventative maintenance inspection manual) and that he had been seeing a psychologist for memory issues amongst other things. 11. The Plaintiff was tested and treated for mild cognitive impairment (MCI) that impacts learning and memory. Plaintiff has suffered with memory issues for several years. 12. The manual contains approximately fifty (50) pages and over four hundred (400) bullet points to be used while conducting equipment maintenance. The manual is portable and Plaintiff would keep it in close proximity while performing his essential job functions. 2 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 2 of 8 13. Plaintiff was informed that he could no longer use the manual when doing his work because he was required to memorize all of the contents. This was a challenging request because of Plaintiff’s health issues, which impacted his ability to memorize large amounts of information. 14. Despite his condition, Plaintiff had always performed his job at a high level using the manual as a guide until he was informed that this was against company policy. 15. As a reasonable accommodation request, Plaintiff requested to use the manual while working or more time to attend training. Plaintiff was informed that he must contact human resources (HR) to request an accommodation. 16. Plaintiff contacted HR; several weeks went by and Defendant refused to provide the reasonable accommodation. 17. Defendant was given the contact information to the person that diagnosed Plaintiff so that Defendant could verify the information. 18. Plaintiff also attempted to retrieve medical records to confirm his diagnosis but was unable to do so because the medical provider was terminally ill and ultimately died. 19. In August of 2017, Plaintiff was removed from his position as the full-time Automotive Supervisor due to his inability to memorize the manual and his request for a reasonable accommodation. 20. Plaintiff was offered a part time position with no benefits and making less than ½ of his previous salary. 21. In April 2018, Defendant informed Plaintiff that he had to accept the position or be terminated. 3 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 3 of 8 22. Although Plaintiff was informed that he was eligible for fulltime work elsewhere within the organization, he has never been given an opportunity to do so. 23. Upon information and belief Plaintiff was discriminated against based on his disability. IV. CLAIMS FOR RELIEF First Claim of Relief – Disability Discrimination 24. Plaintiff realleges and incorporates all the proceeding paragraphs by reference. 25. Defendant discriminated against Plaintiff by treating him disparately due to a disability. 26. Plaintiff’s inability to memorize certain documents was a factor in the decision to demote Plaintiff. 27. Defendant’s actions complained of herein subject the Plaintiff to discrimination on the basis of his disability, in violation of the ADA. 28. As a direct result of Defendant’s actions, Plaintiff has suffered damages, including economic damages and emotional distress, in an amount in excess of $75,000.00. Second Claim of Relief – RETALIATION 29. Plaintiff realleges and incorporates by reference all preceding paragraphs above. 30. Defendant retaliated against Plaintiff by refusing to allow him to return to another full-time position because he requested an accommodation and filed grievances against Defendant. 31. Plaintiff was removed from his fulltime position after requesting a reasonable accommodation. 4 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 4 of 8 32. After Plaintiff filed an internal complaint with Defendant and a subsequent complaint with the EEOC, Plaintiff applied to over twelve (12) full-time jobs with Defendant but was never provided an opportunity to interview. 33. Plaintiff was also bypassed for at least six (6) other full-time positions that were internally filed without being considered as a candidate. 34. Plaintiff also requested to be assigned to the Monroe UPS facility, which is less than ten minutes from Plaintiff’s home rather than driving to Charlotte, which is forty-five minutes. The request was denied but other supervisors were granted a similar transfer due a center being nearer to their home. 35. As a result Plaintiff missed out on a promotional opportunity and increased pay. 36. Defendant’s actions complained of herein subjected Plaintiff to discrimination based on a disability, in violation of the ADA. 37. As a direct result of Defendant’s actions, Plaintiff has suffered damages, including economic damages and emotional distress, in an amount in excess of $75,000.00. V. DAMAGES 38. As a result of the discrimination complained of herein, Plaintiff has been deprived of his rights protected by the ADA. 39. By reason of Defendant’s conduct and as a proximate result thereof, Plaintiff has suffered the loss of a career and has suffered emotional distress. 40. As a direct result of Defendant’s actions, Plaintiff has suffered economic damages and emotional distress, in an amount in excess of $75,000.00. 5 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 5 of 8 41. The damages are not limited to but include loss of pension credits, loss of stocks pursuant to the Management Incentive Program, and other opportunities. VI. EXHAUSTION OF ADMINISTRATIVE REMEDIES 42. Plaintiff filed a timely charge of discrimination with the Equal Employment Opportunity Commission, Charge No. 430-2018-01118. The EEOC issued a Notice of Right-To-Sue on April 18, 2019. Plaintiff is filing this action within ninety (90) days of receiving the Notice of Right-To-Sue. He has complied with all jurisdictional requirements and has exhausted administrative pre-requisites before initiating this action. VII. JURY TRIAL DEMANDED 43. Plaintiff hereby demands a trial by jury. VIII. PRAYER FOR RELIEF 44. Wherefore, Plaintiff prays that the discrimination alleged herein be remedied in full and that the Court, after a jury trial: 1) Declare the actions complained of herein to be illegal; 2) Issue an injunction enjoining Defendant, its agents, its employees, successors, attorneys and those acting in concert or participation with Defendant and at its direction, from engaging in the unlawful practices set forth herein and any other employment practice to be shown in violation of Title VII of the Civil Rights Action of 1964 and; 3) Award Plaintiff compensatory damages, including damages for mental anguish and stress, and harm to Plaintiff’s career opportunities; 6 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 6 of 8 4) Award Plaintiff back pay, front pay, and all other economic damages to provide make whole relief; 5) Award Plaintiff his costs and expenses in this action, including reasonable attorney’s fees, costs and other litigation expenses; 6) Grant such other and further relief as may be just and necessary to afford complete relief to Plaintiff. This 18th day of July 2019. ___________________________________________ s/Walter L. Bowers Jr. Wooden Bowers PLLC 301 McCullough Drive Suite 400 Charlotte, North Carolina 28262 Telephone: 704-919-3421 Facsimile: 704-973-9380 Email: walter.bowers@wobolaw.com Attorney for the Plaintiff 7 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 7 of 8 CERTIFICATE OF SERVICE This certifies that the foregoing complaint was served via CM/ECF Filing and pursuant to the FRCP to the following: Marvel Fluker Sr. Legal Admin Assistant United Postal Service 55 Glenlake Parkway NE Atlanta, GA 30328 s/Walter L. Bowers Jr. Wooden Bowers PLLC 301 McCullough Dr Charlotte, North Carolina 28262 Telephone: 704-919-3421 Facsimile: 704-973-9380 Email: walter.bowers@wobolaw.com Attorney for the Plaintiff 8 Case 3:19-cv-00345-RJC-DCK Document 1 Filed 07/18/19 Page 8 of 8 The IS 44 civil cover sheet and the information con of_court. This form, purpose of initiating the Civil docket sheet. provided by local rules I. PLAINTIFFS Patrick J. Amanuei Sr. County of Residence of First Listed Plaintiff VJ. 141? UNION (EXCEPTIN US. PLAINTIFF CASES) (C) Attorneys (Firm Name, Address, and WOODEN BOWERS PLLC WALTER L. BOWERS JR lephone Number) 301 MCCULOUGH DR CHARLOTTE, NC 28262 704-919-3421 DE FEN DAN TS NOTE: THE TRACT Attorneys ([fKnown) IN LAND CONDEMNATION CASES, MARVELLE FLUKER SR. LEG UNITED PARCEL SERVICE 55 GLENLAKE PARKWAY NE ATLANTA, GA 30328 UNITED PARCEL SERVICES County of Residence of First Listed Defendant tained herein neither replace nor supplement the ?ling and service of leadin or other a ers as ui ed approved by the Judicial Conference of the United States in September 1974p aw, excep as is re uired for the use of the Clerk of rt (SEE INSTRUCTIONS ON NEXT PA GE OF THIS FORM. 0? the (IN US. PLAINTIFFCASES ONLY) OF LAND INVOLVED. USE THE LOCATION OF AL ADM IN ASSISTANT H. BASIS OF JURILIDICTION {Place an One Box Only) CITIZENSHIP OF PRINCIPAL (For Diversity Cases Only) ARTI ES (Place an in One Boxfor Plating and One Box for Defendant) 1 us Government if 3 Federal Question PTF DEF PTF DEF Plaintiff (US. GovernmentNot aParry} Citizen of This State 1 CI 1 Incorporated 0r Principal Place 4 El 4 of Business In This State El 2 US. Government CI 4 Diversity Citizen of Another State CI 2 i3 2 Incorporated and Principal Place El 5 CI 5 Defendant (Indicate Citizenship OfParrfes in Item [11) of Business In Another State Citizen or Subject ofa CI 3 Cl 3 Foreign Nation 6 CI 6 Foreign Country IV. NATURE OF SUIT (Place an in One Box Only) Click here for: Nature of Suit Code Descri tions. CONTRACT roars 110 Insurance PERSONAL INJURY PERSONAL INJURY CI 625 Drug Related Seizure CI 422 Appeal 28 USC 158 CI 375 False Claims Act El 120 Marine CI 310 Airplane El 365 Personal Injury - of Property 21 USC 881 13 423 Withdrawal 376 Qui Tam (31 USC i3 130 Miller Act Cl 315 Airplane Product Product Liability [3 690 Other 28 USC 157 3729(3)) CI 140 Negotiable Instrument Liability CI 367 Health Care/ i3 400 State Reapportionment CI 150 Recovery of Overpayment CI 320 Assault, Libel Pharmaceutical PROPERTY RIGHTS CI 410 Antitrust Enforcement of Judgment Slander Personal Injury Cl 820 Copyrights CI 430 Banks and Banking CI 151 Medicare Act Cl 330 Federal Employers? Product Liability CI 830 Patent 450 Commerce CI 152 Recovery of Defaulted Liability CI 368 Asbestos Personal CI 835 Patent Abbreviated CI 460 Deportation Student Loans Cl 340 Marine Injury Product New Drug Application Cl 470 Racketeer Influenced and (Excludes Veterans) CI 345 Marine Product Liability CI 840 Trademark Corrupt Organizations El 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit of Veteran?s Bene?ts Cl 350 Motor Vehicle CI 370 Other Fraud i3 710 Fair Labor Standards CI 861 HIA (1395ff) E1 485 Telephone Consumer CI 160 Stockholders? Suits CI 355 Motor Vehicle CI 371 Truth in Lending Act El 862 Black Lung (923) Protection Act Cl 190 Other Contract Product Liability Cl 380 Other Personal El 720 Labor/Management I3 863 (405(g)) 490 Cable/Sat TV i3 195 Contract Product Liability El 360 Other Personal Property Damage Relations 864 SSID Title XVI CI 850 Securities/Commodities/ El 196 Franchise Injury CI 385 Property Damage CI 740 Railway Labor Act CI 865 RSI (405(g)) Exchange CI 362 Personal Injury - Product Liability CI 751 Family and Medical El 890 Other Statutory Actions Medical Malpractice Leave Act El 891 Agricultural Acts I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS CI 790 Other Labor Litigation FEDERAL TAX SUITS CI 893 Environmental Matters i3 210 Land Condemnation El 440 Other Civil Rights Habeas Corpus: El 791 Employee Retirement El 870 Taxes (US. Plaintiff CI 895 Freedom of Information CI 220 Foreclosure El 441 Voting [3 463 Alien Detainee Income Security Act or Defendant) Act 230 Rent Lease Ejectment CI 442 Employment CI 510 Motions to Vacate CI 871 IRSeThird Party El 896 Arbitration CI 240 Torts to Land CI 443 Housing/ Sentence 26 USC 7609 El 899 Administrative Procedure Cl 245 Tort Product Liability El 290 All Other Real Property Accommodations 445 Amer. w/Di'sabilities - Employment Cl 446 Amer. w/Disabilities - Other CI 448 Education 530 General El 535 Death Penalty IMMIGRATION Other: El 540 Mandamus Other CI 550 Civil Rights CI 555 Prison Condition CI 560 Civil Detainee - Conditions of Con?nement CI 462 Naturalization Application 465 Other Immigration Actions Act/Review or Appeal of Agency Decision CI 950 Constitutionality of State Statutes V. ORIGIN (Place an in One Box Only) 311 Original Proceeding VI. CAUSE OF ACTION CI 2 Removed from State Court Ci 3 Remanded from Appellate Court E14 Reinstated or Reopened (Specify) CI 5 Transferred from Another District Transfer (Aim E?lrtsA NEW alga gm?t ?g areal-neg EDT ggtdite jurisdictional statutes unless diversity): CI 6 Multidistrict Litigation- 3 8 Multidistrict Litigation - Direct File INATION VII. REQUESTED IN El CHECK IF THIS IS A CLASS ACTION DEMAND 5 CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, 100,00 JURY DEMAND: @Yes ?No RELATED . IF ANY (see JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT it A MOI TNT APPT TFP Ti MAG 11 TDGF Case Document 1-1 Filed 07/18/19 Page 1 Of 1