Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 1 of 14 PageID #: 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

)
)

CIVIL ACTION NO.- - - -

)
)
)

Plaintiff,

v.

)
)
)

JURY TRIAL DEMANDED

)
)
)

CONNECTIONS CSP, INC,
Defendant.

)

)
~~~~~~~~~~)
NATURE OF THE ACTION

This is an action under Title I of the Americans with Disabilities Act of 1990, as
amended (the "ADA"), and Title I of the Civil Rights Act of 1991, to correct unlawful
employment practices on the basis of disability and to provide appropriate relief to
Sabaina Massaquoi and a class of similarly situated individuals with disabilities who
were adversely affected by such practices.
As is alleged with greater particularity in the Statement of Claims below,
Defendant discriminated against Massaquoi when it failed to provide her with a
reasonable accommodation for her disability (hypertension) and terminated her
employment pursuant to its unlawful fixed leave policy in violation of the ADA. The
Commission alleges further that Defendant violated the ADA when it failed to
accommodate similarly situated qualified individuals with disabilities and terminated
them pursuant to its unlawful fixed leave policy. Finally, the Commission alleges that

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 2 of 14 PageID #: 2

Defendant maintained and administered as a matter of course, a 12-week limitation on
medical leave which has the effect of unduly limiting employment opportunities for
individuals with disabilities.
JURISDICTION AND VENUE

1.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

1337, 1343, and 1345. This action is authorized and instituted pursuant to Section
107(a) of the ADA, 42 U.S.C. §12117(a), which incorporates by reference Sections
706(f)(1) and (3) of the Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§
2000e-5(f)(1) and (3), and pursuant to Section 102 of the Civil Rights Act of 1991, 42
U.S.C. § 1981a.
2.

The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United State District Court for the District of
Delaware.
PARTIES

3.

Plaintiff,

the

Equal

Employment

Opportunity

Commission

(the

"Commission"), is the agency of the United States of America charged with the
administration, interpretation, and enforcement of Title I of the ADA and is expressly
authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. § 12117(a),
which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§
2000e-5(f)(1) and (3).
4.

At all relevant times, Defendant Connections CSP, Inc., has continuously

been a Delaware corporation, doing business in Wilmington, Delaware and has
continuously had at least 15 employees.

2

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5.

At all relevant times, Defendant Connections CSP, Inc., has continuously

been an employer engaged in an industry affecting commerce under Section 101 (5) of
the ADA, 42 U.S.C. § 12111(5), and Section 101(7) of the ADA, 42U.S.C.§12111(7),
which incorporates by reference Sections 701 (b), (g), and (h) of Title VII, 42 U.S.C.
§§ 2000e (b), (g), and (h).
6.

At all relevant times, Defendant Connections CSP, Inc., has been a

covered entity under Section 101 (2) of the ADA, 42 U.S.C. § 12111 (2).
ADMINISTRATIVE PROCEDURES

7.

More than thirty days prior to the institution of this lawsuit, Sabaina

Massaquoi ("Massaquoi") filed a charge of discrimination with the Commission alleging,
among other things, violations of the ADA by her former employer Connections CSP,
Inc. ("Defendant").
8.

On September 1, 2016, the Commission issued to Defendant a Letter of

Determination finding reasonable cause to believe, among other things, that the ADA
was violated and inviting Defendant to join with the Commission in informal methods of
conciliation to endeavor to eliminate the unlawful employment practices and provide
appropriate relief.
9.

On September 28, 2016, the Commission issued to Defendant a Notice of

Failure of Conciliation advising Defendant that the Commission was unable to secure
from Defendant a conciliation agreement acceptable to the Commission.
10.

All conditions precedent to the institution of this lawsuit have been fulfilled.

3

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 4 of 14 PageID #: 4

STATEMENT OF CLAIMS

11.

Since at least October 2014, Defendant has engaged in unlawful

employment practices, at all its facilities, in violation of Sections 102(a) and
102(b)(5)(A) of Title I of the ADA, 42 U.S.C. §§ 12112(a) and 12112(b)(5)(A), by failing
to provide Massaquoi with a reasonable accommodation for her actual disability and by
terminating her because of her disability, as follows:
a.

Defendant hired Massaquoi in July 2012.

She worked as a

Psychiatric Technician.
b.

Massaquoi satisfactorily performed the essential functions of her

job during the time that she worked for Defendant.
c.

In, or before, October 2014, Massaquoi informed Defendant of her

hypertension, a physical impairment which substantially limits one or more of her major
life activities and/or major bodily functions including, but not limited to, the functioning of
her cardiovascular and circulatory systems.
d.

In, or before, October 2014, Massaquoi informed Defendant that

her hypertension was exacerbated by her pregnancy.
e.

At all relevant times, Massaquoi was an individual with a disability

within the meaning of the ADA who could perform the essential functions of her
Psychiatric Technician position with or without a reasonable accommodation.
f.

On October 31, 2014, Massaquoi began her Family Medical Leave

Act ("FMLA") leave. The FMLA entitles eligible employees of covered employers to up
to twelve (12) weeks of job-protected, unpaid leave during any 12-month period, for
care of the employee's own serious health condition.

4

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 5 of 14 PageID #: 5

g.

On, or around January 22, 2015, Defendant received a letter from

Massaquoi's physician, Dr. Khaja G. Yezdani, requesting a reasonable accommodation
in the form of an extension of her medical leave until March 12, 2015.
h.

Defendant

denied

Massaquoi's

request

for

a

reasonable

accommodation.
Massaquoi's FMLA leave expired on January 26, 2015. Defendant

i.

terminated Massaquoi on, or around, January 26, 2015.

j.

Before terminating Massaquoi, Defendant did not initiate or engage

with her in any interactive process to identify the precise limitations resulting from her
disability and potential accommodations that could cover those limitations including, but
not limited to, additional unpaid leave or reassignment to vacant light duty positions.
k.

The effect of the practices complained of in paragraph 11 above

has been to deprive Massaquoi of equal employment opportunities and otherwise affect
her status as an employee because of her disability.
12.

Since at least January 2014, Defendant has engaged in unlawful

employment practices, at all its facilities, in violation of Sections 102(a) and
102(b)(5)(A) of Title I of the ADA, 42 U.S.C. §§ 12112(a) and 12112(b)(5)(A), by failing
to provide a similarly situated class of individuals with a reasonable accommodation for
their actual disabilities and by terminating them because of their disabilities, as follows:
a.

Defendant hired Yveya Taylor ("Taylor") in July 2011 as a Cook. In

July 2012 Defendant promoted her to a Peer Coach position.

i.

Taylor satisfactorily performed the essential functions of her

job during the time that she worked for Defendant.

5

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ii.

In, or before, April 2014, Taylor informed Defendant of her

leg and back impairments - sustained during an on-the-job injury - which substantially
limit one or more of her major life activities and/or major bodily functions including, but
not limited to, lifting, pulling, bending, and pushing.
iii.

In, or before, April 2014, Taylor informed Defendant that her

doctor ordered her not to lift more than 30 pounds, bend, push, or pull because of her
leg and back impairments.
iv.

At all relevant times, Taylor was an individual with a disability

within the meaning of the ADA who could perform the essential functions of her Peer
Coach position and several of Defendant's other positions with or without a reasonable
accommodation.
v.

In, or before, April 2014, Taylor requested a reasonable

accommodation in the form of reassignment to a vacant light duty position.
vi.

Defendant denied Taylor's request for reassignment to a

vacant light duty position.
vii.

On, or around, April 22, 2014, Defendant placed Taylor on

viii.

Taylor's FMLA leave expired on July 14, 2014. Defendant

FMLA leave.

terminated Taylor on July 15, 2014.
ix.

Before terminating Taylor, Defendant did not initiate or

engage with her in any interactive process to identify the precise limitations resulting
from her disability and potential accommodations that could cover those limitations

6

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 7 of 14 PageID #: 7

including, but not limited to, additional unpaid leave or reassignment to vacant light duty
positions.
x.

The effect of the practices complained of in paragraph 12a

above has been to deprive Taylor of equal employment opportunities and otherwise
affect her status as an employee because of her disability.
b.

Defendant hired Chanda Murkinson ("Murkinson") on August 9,

2010. She worked as a Licensed Practical Nurse.
i.

Murkinson satisfactorily performed the essential functions of

her job during the time that she worked for Defendant.
ii.

In, or before May 2014, Murkinson informed Defendant of

her anxiety and depression, mental impairments which substantially limit one or more of
her major life activities and/or major bodily functions including, but not limited to, her
brain functions.
iii.

At all relevant times, Murkinson was an individual with a

disability within the meaning of the ADA who could perform the essential functions of
her Licensed Practical Nurse position with or without a reasonable accommodation.
iv.

On, or around, May 19, 2014, Murkinson began her FMLA

v.

On, or before, August 11, 2014, Defendant received a letter

leave.

from Murkinson's physician, Dr. Broudy, requesting a reasonable accommodation in the
form of an extension of her medical leave.
vi.

Defendant denied Murkinson's request for a reasonable

accommodation.

7

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vii.

Murkinson's FMLA expired on August 8, 2014.

Defendant

terminated Murkinson on August 11, 2014.
viii.

Before terminating Murkinson, Defendant did not initiate or

engage with her in any interactive process to identify the precise limitations resulting
from her disability and potential accommodations that could cover those limitations
including, but not limited to, additional unpaid leave.
ix.

The effect of the practices complained of in paragraph 12b

above has been to deprive Murkinson of equal employment opportunities and otherwise
affect her status as an employee because of her disability.
c.

Defendant hired Betty Bradley ("Bradley") in November 2012. She

worked as an Infection Control Nurse.
i.

Bradley satisfactorily performed the essential functions of

her job during the time that she worked for Defendant.
ii.

In, or around, October 2014, Bradley informed Defendant of

her ovarian cancer, a physical impairment which substantially limits one or more of her
major life activities and bodily functions including, but not limited to, normal cell growth.
iii.

At all relevant times, Bradley was an individual with a

disability within the meaning of the ADA who could perform the essential functions of
her Infection Control Nurse position with or without a reasonable accommodation.
iv.

In, or around, October 2014, Bradley began her FMLA leave.

v.

In, or around, December 2014, Bradley informed Defendant

that she could return to work on, or before, the end of her FMLA leave. At that time, she

8

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 9 of 14 PageID #: 9

requested a reasonable accommodation in the form of intermittent medical leave one
day per week so that she could receive chemotherapy treatments
vi.

Defendant denied Bradley's request for a reasonable

vii.

Bradley's FMLA leave expired on, or around, December 10,

accommodation.

2014. Defendant terminated Bradley on, or around, December 10, 2014.
viii.

Before terminating Bradley, Defendant did not initiate or

engage with her in any interactive process to identify the precise limitations resulting
from her disability and potential accommodations that could cover those limitations
including, but not limited to, additional unpaid intermittent leave.
ix.

The effect of the practices complained of in paragraph 12c

above has been to deprive Bradley of equal employment opportunities and otherwise
affect her status as an employee because of her disability.
d.

Defendant hired Michelle Williams ("Williams") in July 2012. She

worked as a Counselor.
i.

Williams satisfactorily performed the essential functions of

her job during the time that she worked for Defendant.
ii.

In, or around, December 2014, Williams informed Defendant

of her interstitial lung disease, a physical impairment which substantially limits one or
more of her major life activities and bodily functions including, but not limited to,
breathing and the functioning of her respiratory system.

9

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 10 of 14 PageID #: 10

iii.

At all relevant times, Williams is an individual with a disability

within the meaning of the ADA who, at all times relevant, could perform the essential
functions of her Counselor position with or without a reasonable accommodation.
iv.

Williams began her FMLA leave on January 2, 2015.

v.

In, or around, March 2015, Williams advised Defendant that

she could return to work and requested a reasonable accommodation in the form of
using her portable oxygen while working.
vi.

Defendant denied Williams' reasonable accommodation

request to use her portable oxygen while working.
vii.
from

Williams'

On, or before, March 30, 2015, Defendant received a letter

physician,

Dr.

Collins,

requesting

an

alternative

reasonable

accommodation in the form of an extension of her medical leave until May 6, 2015.
viii.

Defendant denied Williams' reasonable accommodation

request to extend her medical leave.
ix.

Williams' FMLA leave expired on, or around, March 27,

2015. Defendant terminated Williams on March 30, 2015.
x.

Before terminating Williams, Defendant did not initiate or

engage with her in any interactive process to identify the precise limitations resulting
from her disability and potential accommodations that could cover those limitations
including, but not limited to, allowing her to work with her portable oxygen or additional
unpaid leave.

10

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 11 of 14 PageID #: 11

xi.

The effect of the practices complained of in paragraph 12d

above has been to deprive Williams of equal employment opportunities and otherwise
affect her status as an employee because of her disability.
13.

Since at least January 2014, Defendant has engaged in unlawful

employment practices, at all its facilities, in violation of Sections 102(a) and
102(b)(5)(A) of Title I of the ADA, 42 U.S.C. §§ 12112(a) and 12112(b)(5)(A), by failing
to provide a similarly situated class of individuals with a reasonable accommodation for
their actual disabilities and by terminating them because of their disabilities, as follows:
a.

Under Defendant's unlawful fixed leave policy, numerous other

qualified employees with disabilities have been terminated and denied employment
opportunities.
b.

As a matter of course, Defendant has refused to make reasonable

accommodations to the known physical and mental limitations of otherwise qualified
individuals with disabilities.
c.

As a matter of course, Defendant failed and refused to engage in

an interactive process with employees with disabilities, to discuss or consider potential
accommodations for their disabilities.
d.

The effect of the practices complained of in paragraph 13 above

has been to deprive a similarly situated class of individuals with disabilities of equal
employment opportunities and otherwise affect their status as employees because of
their disabilities.
14.

Since at least January 2014, as a matter of course, Defendant discharged

Massaquoi and a class of similarly situated qualified individuals because of their

11

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 12 of 14 PageID #: 12

disabilities in violation of Sections 102(a) and 102(b)(5)(B) of the ADA. 42 U.S.C. §§
12112(a) and (b )(5)(8).
15.

As a direct and proximate result of these violations of her rights under the

ADA, Massaquoi and a class of similarly situated qualified individuals with disabilities
have suffered damage in the form of past pecuniary losses.

In addition, they have

suffered emotional pain, suffering, inconvenience, mental anguish, embarrassment,
frustration, humiliation, and loss of enjoyment of life.
16.

The unlawful employment practices complained of herein were intentional

17.

The unlawful employment practices complained of herein were done with

malice or with reckless indifference to federally protected rights of Massaquoi and a
class of similarly situated qualified individuals with disabilities.
PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:
A.

Grant a permanent injunction enjoining Defendant, its officers, successors,

assigns, agents, servants, employees, attorneys, and all persons in active concert or
participation with it, from refusing to reasonably accommodate any individual with a
disability and from engaging in any employment practice which discriminates on the
basis of a disability.
B.

Order Defendant to institute and carry out policies, practices, and

programs which provide equal employment opportunities for individuals with disabilities
and which eradicate the effects of its past and present unlawful employment practices.

12

 Case 1:17-cv-00862-MN Document 1 Filed 06/29/17 Page 13 of 14 PageID #: 13

C.

Order Defendant to cease utilizing its fixed medical leave practice as

written or administered and revise these policies and procedures to bring them into
compliance with the ADA.
D.

Order Defendant to implement non-discriminatory objectives, written

policies and practices regarding the terms and conditions of employment and sign and
conspicuously post, for a designated period of time, a notice to all employees that sets
forth the remedial action required by the Court and informs all employees that
Defendant will not discriminate against any employee because of a disability, including
that it will comply with all aspects of the ADA.
E.

Order Defendant to make whole Massaquoi and a class of similarly

situated individuals by providing appropriate back pay with prejudgment interest, in
amounts to be determined at trial, and other affirmative relief necessary to eradicate the
effects of its unlawful employment practices, including, but not limited to, front pay.
F.

Order Defendant to make whole Massaquoi and a class of similarly

situated individuals by providing compensation for past and future pecuniary losses
resulting from the unlawful employment practices complained of herein, including, but
not limited to, job search expenses and medical expenses, in amounts to be determined
at trial.
G.

Order Defendant to make whole Massaquoi and a class of similarly

situated individuals by providing compensation for past and future non-pecuniary losses
resulting from the unlawful employment practices complained of herein, including
emotional pain, suffering, inconvenience, mental anguish, embarrassment, frustration,
humiliation, and loss of enjoyment of life, in amounts to be determined at trial.

13

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H.

Order Defendant to pay Massaquoi and a class of similarly situated

individuals punitive damages for its malicious and reckless conduct described herein, in
amounts to be determined at trial.
I.

Grant such further relief as the Court deems necessary and proper.

J.

Award the Commission its costs of this action.

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its
Complaint.
Respectfully submitted,
OF COUNSEL:
UNITED STATES ATTORNEY
DISTRICT OF DELAWARE

JAMES L. LEE
Acting General Counsel

DAVID C. WEISS
Acting United States Attorney

LYN YOUNG REAMS

JENNIFER HALL
Assistant United States Attorney
United States Department of Justice
1007 Orange Street, P.O. Box 2046
Wilmington, Delaware 19899
Phone: (302) 573-6148
jennifer.hall@usdoj.gov

Senior Trial Attorney
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Philadelphia District Office
801 Market Street, Suite 1300
Philadelphia, PA 19107
Phone:
(215) 440-2642
Fax:
(215) 440-2848
Keyana.Laws@eeoc.gov
Dated:

June 29, 2017

14

 JS 44 (Rev. 11/15)

Case 1:17-cv-00862-MN Document 1-1 Filed 06/29/17 Page 1 of 2 PageID #: 15

CIVIL COVER SHEET

The JS 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 form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

CONNECTIONS CSP, INC

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

New Castle County

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Keyana Laws, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Philadelphia District Office, 801 Market Street, Suite 1300
Philadelphia, PA 19107, (215) 440-2642

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1

U.S. Government
Plaintiff

’ 3

Federal Question
(U.S. Government Not a Party)

’ 2

U.S. Government
Defendant

’ 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

DEF
’ 1

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
’ 4
’ 4
of Business In This State

Citizen of Another State

’ 2

’

2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
’
’
’
’
’
’
’

’
’
’
’
’

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

’
’
’
’
’
’
’
’
’
’

’
’
’
’
’
’

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

’
’
’
’
’
’
’

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
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
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
’ 463 Alien Detainee
’ 510 Motions to Vacate
Sentence
’ 530 General
’ 535 Death Penalty
Other:
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement

’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other

BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 840 Trademark

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

’
’
’
’
’

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609

IMMIGRATION
’ 462 Naturalization Application
’ 465 Other Immigration
Actions

OTHER STATUTES
’ 375 False Claims Act
’ 376 Qui Tam (31 USC
3729(a))
’ 400 State Reapportionment
’ 410 Antitrust
’ 430 Banks and Banking
’ 450 Commerce
’ 460 Deportation
’ 470 Racketeer Influenced and
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

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding

’ 2 Removed from
State Court

’ 3

Remanded from
Appellate Court

’ 4 Reinstated or
Reopened

’ 5 Transferred from
Another District
(specify)

’ 6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

42 U.S.C. §§ 2000e-5

VI. CAUSE OF ACTION Brief description of cause:

This is an action under Title I of the Americans with Disabilities Act of 1990, and Title I of Civil Rights Act of 1991

’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Keyana Laws

06/29/2017
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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 Case 1:17-cv-00862-MN Document 1-1 Filed 06/29/17 Page 2 of 2 PageID #: 16

JS 44 Reverse (Rev. 11/15)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.