throbber
Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 1 of 18
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`
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`FILED
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` 2021 Dec-23 AM 08:05
`U.S. DISTRICT COURT
`N.D. OF ALABAMA
`
`STEVEN POWELL,
`
`PLAINTIFF,
`
`
`
`V.
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`NORTHERN DISTRICT OF ALABAMA
`MIDDLE DIVISION
`)
`)
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`)
`)
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`)
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`
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`Case No.:
`
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`JURY TRIAL DEMANDED
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`
`PILGRIM'S PRIDE CORPORATION,
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`
`DEFENDANT(S).
`
`
`COMPLAINT
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`JURISDICTION
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`Plaintiff brings this action for injunctive relief and damages under 28
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`U.S.C. §§ 1331, 1343(4), 2201, 2202, 29 U.S.C. § 2617(a)(2). The jurisdiction of
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`this Court is invoked to secure protection for and to redress the deprivation of rights
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`caused by Defendant.
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`
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`This suit is authorized and instituted under Title VII of the Act of
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`Congress known as the "Civil Rights Act of 1964," as amended, the "Civil Rights
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`Act of 1991;" 42 U.S.C. § 2000e, et seq. (Title VII) as well as under 42 U.S.C. §
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`1981 ("Section 1981").
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`
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`The Plaintiff timely filed a charge of discrimination with the Equal
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`Employment Opportunity Commission (EEOC) within 180 days of the last
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 2 of 18
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`discriminatory act (Exhibit A). Plaintiff further sued within ninety (90) days after
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`receiving the right-to-sue letter issued by the EEOC (Exhibit B).
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`PARTIES
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`Plaintiff, Steven Powell, ("Plaintiff" or "Powell") is a resident of
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`Guntersville, Marshall County, Alabama, and performed work for Defendant in the
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`counties composing the Northern District of Alabama during the events of this case.
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`Thus, under 28 U.S.C. § 1391(b), venue for this action lies in the Middle Division.
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`
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`Defendant Pilgrim's Pride Corporation ("Defendant") is a company
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`registered and doing business in the State of Alabama and has sufficient minimum
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`contacts with the State of Alabama. It is subject to service of process in Alabama.
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`Defendant has more than five hundred employees.
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`Defendant's 2020 revenue was more than 12 billion dollars.
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`FACTS
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`Plaintiff incorporates by reference and realleges each preceding
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`paragraph as if set out herein.
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`
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` Plaintiff is a person of African ancestry, colloquially referred to as
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`Black.
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` Plaintiff began his employment with Defendant on or about August 12,
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`2019, as a Live Hanger.
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` Plaintiff's performance appraisals met Defendant's expectations.
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 3 of 18
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` On May 7, 2020, Plaintiff was driving a forklift. Rodney Jackson
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`("Jackson"), a Black male employee, asked Plaintiff to take a broken cage to the
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`maintenance shack.
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` Another employee repaired the cage, and Jackson began to yell and
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`insult Plaintiff.
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` Jackson continued yelling and insulting Plaintiff as Plaintiff parked the
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`forklift, preparing for his lunch break.
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` Plaintiff clocked out in the break room. As he did so, Jackson
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`approached him and continued to yell.
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`Jackson pushed Plaintiff and struck him in the face.
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` Plaintiff did not strike Jackson in return.
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` The Head Supervisor, Jim Ed LNU, walked Plaintiff to the Human
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`Resources Office.
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` Plaintiff reported the incident with Jackson to Ms. Bishop ("Bishop").
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`Bishop sent Plaintiff home for the rest of the day.
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` The next day, Bishop called Plaintiff and informed him that a knife had
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`been discovered on Jackson. However, Bishop stated there was no proof of the
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`altercation from the previous day because the cameras in the break room did not
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`work.
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 4 of 18
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` Upon information and belief, personal weapons are forbidden at
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`Defendant's workplace.
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` Plaintiff spoke to Lonnie Brooks ("Brooks"), Bishop’s supervisor.
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` Brooks told Plaintiff that witnesses had stated that Plaintiff was the
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`aggressor.
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` Plaintiff was not the aggressor.
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` Brooks transferred Plaintiff to the first shift because Plaintiff no longer
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`felt safe on the second shift.
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` On May 11, 2020, Plaintiff reported to the first shift.
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` When Plaintiff arrived at work, Defendant asked Plaintiff to sign a
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`weapons sheet.
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` Plaintiff did not agree to sign a weapons sheet because he had signed
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`one the day Defendant hired him.
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` Plaintiff had no weapons on May 10, the day before.
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` Karen LNU, the first shift supervisor, sent Plaintiff home.
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` The next day, May 12, 2020, Brent Lane (“Lane”) attempted to
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`terminate Plaintiff because he did not sign the weapons sheet.
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` Plaintiff spoke with Lane’s boss and explained that he had already
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`signed a weapons sheet.
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 5 of 18
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` Lane’s boss told Plaintiff that they would not fire him but would give
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`him a few days off while Defendant investigated the situation.
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` On May 14, 2020, Plaintiff returned to work.
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` A week later, Jackson started working the first shift as well.
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` From May 2020 to December 2020, Jackson worked the first shift on
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`and off.
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` During that time, Jackson continued to harass Plaintiff. Plaintiff
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`continued to report the harassment to his supervisors.
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`Jackson repeatedly informed other employees when Plaintiff was in
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`earshot that he had a knife in his pocket.
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` Plaintiff’s supervisors said they would remedy Jackson’s behavior, but
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`it did not stop.
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` On December 3, 2020, Jackson and his second shift supervisor were
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`conversing in front of the timeclock blocking Plaintiff from clocking out.
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` Plaintiff politely asked Jackson and the supervisor to move, and
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`Plaintiff clocked out.
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` No altercation took place.
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` There is no policy prohibiting employees from asking others to refrain
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`from blocking the timeclock upon information and belief.
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 6 of 18
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` On December 4, 2020, Mrs. Jordan (“Jordan”) asked Plaintiff to report
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`to the Human Resources office.
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` Defendant terminated Plaintiff’s employment on December 4, 2020.
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` Defendant claimed that Plaintiff was an aggressor on December 3.
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` Before Plaintiff’s termination, Jeffery LNU and another white male,
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`Mr. Bower, had similar issues to Jackson and Plaintiff. These employees were not
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`terminated.
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`In November 2020, a white male and a black Haitian male had a
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`physical altercation on the line. Defendant only terminated the black Haitian male.
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` Other employees who have not reported harassment have been able to
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`ask others to step out of the way of the timeclock and were not fired.
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`COUNT ONE TITLE VII - RACE DISCHARGE
` Plaintiff incorporates by reference and realleges paragraphs 11 through
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`52 as if set out herein.
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` Plaintiff is a person of African ancestry, colloquially referred to as
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` Plaintiff was qualified for the position of Live Hanger.
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` Defendant terminated Plaintiff’s employment on or about December 4,
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`Black.
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`2020.
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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 7 of 18
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` Other employees engaged in the same or similar conduct but remained
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`employed.
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` Defendant’s actions in terminating Plaintiff’s employment violated
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`Title VII.
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` Because Defendant violated Title VII, Plaintiff has been damaged,
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`suffering loss of pay and benefits.
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` Defendant’s race was a motivating factor in Defendant’s decision to
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`terminate Plaintiff’s employment.
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` Because of Defendant’s discriminatory decision made in whole or in
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`part because of his race, Plaintiff has lost pay and continues to be paid less.
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`COUNT TWO 42 U. S. C. § 1981 DISCHARGE
` Plaintiff incorporates by reference and realleges paragraphs 11 through
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`52 as if set out herein.
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` Plaintiff is a person of African ancestry, colloquially referred to as
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`Black.
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` Plaintiff was qualified for the position of Live Hanger.
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` On or about December 4, 2020, Defendant terminated Plaintiff’s
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`employment.
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` Because of Defendant’s discriminatory decision made in whole or in
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`part because of his race, Plaintiff has lost pay and continues to be paid less.
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 8 of 18
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` Because of Defendant’s violation of 42 U. S. C § 1981, Plaintiff has
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`been damaged, suffering loss of pay, benefits, and mental anguish.
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`COUNT THREE TITLE VII RACE HOSTILE WORK
`ENVIRONMENT
` Plaintiff incorporates by reference and realleges paragraphs 11 through
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`52 as if set out herein.
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`
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` Jackson harassed Plaintiff because of his race.
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` The harassment created a hostile work environment for Plaintiff.
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` Plaintiff reported Jackson’s harassing behavior to their supervisors.
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` Defendant failed to take prompt remedial action to remedy the
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`harassment.
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` Plaintiff suffered damages because of the hostile work environment,
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`including loss of pay, benefits, and mental anguish.
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`COUNT FOUR 42 U. S. C. § 1981 HOSTILE WORK ENVIRONMENT
` Plaintiff incorporates by reference and realleges paragraphs 11 through
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`52 as if set out herein.
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`
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` Jackson harassed Plaintiff because of his race.
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` The harassment created a hostile work environment for Plaintiff.
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` Plaintiff reported Jackson’s harassing behavior to their supervisors.
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` Defendant failed to take prompt remedial action to remedy the
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`harassment.
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 9 of 18
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` Plaintiff suffered damages because of the hostile work environment,
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`including loss of pay, benefits, and mental anguish.
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`COUNT FIVE TITLE VII RETALIATION
` Plaintiff incorporates by reference and realleges paragraphs 11 through
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`52 as if set out herein.
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` Plaintiff was qualified for his position and able to perform the essential
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`functions of the job of Live Hanger.
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` On several occasions between May and December 2020, Plaintiff
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`engaged in protected activity when he reported discrimination based on race.
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` On or about December 4, 2020, Defendant terminated Plaintiff’s
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`employment.
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` But for Plaintiff’s protected activity, Defendant would have retained
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`Plaintiff in his position as a Live Hanger.
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` Defendant violated Title VII by terminating Plaintiff for engaging in
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`protected activity.
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` Because Defendant violated the Title VII, Plaintiff has been damaged,
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`suffering loss of pay, benefits, and mental anguish.
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`COUNT SIX 42 U. S. C. § 1981 RETALIATION
` Plaintiff incorporates by reference and realleges each preceding
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`paragraphs as if set out herein.
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`
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 10 of 18
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` Plaintiff was qualified for his position and able to perform the essential
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`functions of the job of Live Hanger.
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` On several occasions between May and December 2020, Plaintiff
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`engaged in protected activity when he reported discrimination based on race.
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` On or about December 4, Defendant
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`terminated Plaintiff’s
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`employment.
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` Plaintiff’s protected activity was a motivating factor in Defendant’s
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`decision not to retain Plaintiff in his position as a Live Hanger.
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` Defendant violated the 42 U. S. C. § 1981 by terminating Plaintiff in
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`whole or in part for engaging in protected activity.
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` Because of Defendant’s violation of the 42 U. S. C. § 1981, Plaintiff
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`has been damaged, suffering loss of pay, benefits, and mental anguish.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully prays for the following relief:
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`
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`A. Grant Plaintiff a permanent injunction enjoining the Defendant, its
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`agents, successors, employees, attorneys, and those acting with the Defendant and
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`at the Defendant’s request from continuing to violate the terms of Title VII of the
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`Civil Rights Act of 1964;
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 11 of 18
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`B.
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`Grant Plaintiff a permanent injunction enjoining the Defendant, its
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`agents, successors, employees, attorneys, and those acting with the Defendant and
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`at the Defendant’s request from continuing to violate the terms of Section 1981;
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`C.
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`Enter an Order requiring the Defendant to make Plaintiff whole by
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`awarding reinstatement to the position he would have had, had he not been
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`terminated;
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`D.
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`Award him back pay, with employment benefits, front pay, liquidated
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`damages; compensatory damages, special damages; punitive damages nominal
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`damages;
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`E.
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`F.
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`Attorneys’ fees and costs;
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`Plaintiff requests that the Court award Plaintiff equitable relief as
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`provided by law; and,
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`G.
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`Any other or additional relief as determined by the Court to which
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`Plaintiff is entitled.
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`OF COUNSEL:
`
`Barrett & Farahany
`2 20th N. St. Suite 900
`Birmingham, AL 35203
`
`Kira Fonteneau (FON007)1
`
`1 Counsel is filing on behalf of plaintiff only for purposes of preserving his statute of limitations under the 90-day
`period from the Notice of Right to Sue and not to continue representation.
`
`

`

`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 12 of 18
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`T: 205.564.9005
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`PLEASE SERVE DEFENDANT AS FOLLOWS
`
`Pilgrim’s Pride Corporation
`
`c/o Corporation Service Company Inc.
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`641 SOUTH LAWRENCE STREET
`
`MONTGOMERY, AL 36104
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`

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`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 13 of 18
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`NORTHERN DISTRICT OF ALABAMA
`MIDDLE DIVISION
`
`
`STEVEN POWELL,
`
`PLAINTIFF,
`
`
`
`
`
`
`
`
`
`VS.
`
` CV NO.:
`
`PILGRIM’S
`CORPORATION,
`DEFENDANT.
`
`PRIDE
`
`
`
`
`
` JURY TRIAL DEMANDED
`
`
`
`EXHIBIT A
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 14 of 18
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`EEOC Form 5 (11/09)
`
`CHARGE OF DISCRIMINATION
`This form is affected by the Privacy Act of 1974. See enclosed Privacy Act
`Statement and other information before completing this form.
`
`Charge Presented To:
`
`Agency(ies) Charge No(s):
`
`FEPA
`
`EEOC
`
`Name (Indicate Mr., Ms., Mrs.)
`
`Mr. Steven Powell
`
`Street Address
`
`(7)(C) 1
`
`line n
`
`State or local Agency, if any
`
`City, State and ZIP Code
`
`Guntersville, ALABAMA 35976
`
`and EEOC
`
`Home Phone (Incl. Area Code)
`
`Date of Birth
`
`©EH
`
`ine redact
`
`Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against
`Me or Others. (If more than two are named, list under PARTICULARS below.)
`
`Name
`
`Pilgrim's Pride
`
`Street Address
`
`City, State and ZIP Code
`
`No. Employees, Members
`
`Phone No. (Ind. Area Code)
`
`150
`
`(256)582-5631
`
`3500 Lake Gunnersville Park Dr.
`
`Guntersville, AL 35976
`
`Name
`
`No. Employees, Members
`
`Phone No. (Ind. Area Code)
`
`Street Address
`
`City, State and ZIP Code
`
`DISCRIMINATION BASED ON (Check appropriate box(es).)
`
`KI RACE
`
`COLOR
`
`SEX
`
`RELIGION
`
`K RETALIATION
`OTHER (Specify)
`
`AGE
`
`O DISABILITY
`
`NATIONAL ORIGIN
`
`GENETIC INFORMATION
`
`DATE(S) DISCRIMINATION TOOK PLACE
`
`Earliest
`
`Latest
`
`05/07/2020
`
`12/3/2020
`
`K CONTINUING ACTION
`
`THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):
`
`1.
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
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`I am a person of African ancestry, colloquially referred to as Black.
`I began working for the Respondent on or about August 12, 2019, as a Live Hanger.
`
`All of my performance appraisals met expectations.
`
`On May 7, 2020, I was driving the forklift when Rodney Jackson, a Black male employee, told me to take the broken
`
`cage to the maintenance shack.
`
`Another employee repaired the cage, and Jackson began to yell and insult me.
`
`Jackson continued this behavior as I was parking the forklift, preparing for my lunch break.
`
`I clocked out in the break room, and Jackson approached me and continued to yell.
`Jackson pushed me and struck me in the face.
`
`I did not strike Jackson in return.
`
`10. Jim Ed LNU, the Head Supervisor, walked me to the Human Resource office.
`
`11.
`
`I reported the incident to Ms. Bishop, and she told me to leave and go home for the day.
`
`12. The next day, Ms. Bishop called and told me that they discovered a knife on Jackson, but there was no proof of what
`
`happened the day before because the cameras in the break room did not work.
`
`13. Upon information and belief, personal weapons are forbidden in the workplace.
`14.
`I spoke to Lonnie Brooks, Bishop's supervisor.
`
`15. Brooks told me that they spoke to witnesses who said I was the aggressor.
`
`16.
`
`I was not the aggressor.
`
`17. Brooks transferred me to first shift because I no longer felt safe on second shift.
`
`18. On May 11, 2020, I reported to first shift.
`
`19. When I arrived at work the company asked me to sign a weapons sheet.
`
`20.
`21.
`
`I told them I did not need to sign a weapons sheet because I already signed one the day the Respondent hired me.
`I had no weapons the day before.
`
`22. Karen LNU, the first shift supervisor, sent me home.
`
`Fonteneau Firm LLC - Lawyers for Working People
`
`

`

`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 15 of 18
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`23. On May 12, 2020, Brent Lane attempted to terminate me because I did not sign the weapon sheet.
`24. I spoke with Lane’s boss and explained that I had already signed a weapons sheet.
`25. He told me that they would not fire me but would give me a few days off until the Respondent investigated.
`26. On May 14, 2020, I returned to work.
`27. A week later, Jackson, who had violated the weapons policy started working first shift.
`28. From May 2020 to December 2020, Jackson worked the first shift off and on.
`29. During that time, Jackson continuously harassed me and I continued to report the behavior to the supervisors.
`30. Jackson repeatedly informed other employees when I was near, that a knife was in his pocket.
`31. The supervisors said they would remedy Jackson’s behavior, but it did not stop.
`32. On December 3, 2020, Jackson and his second shift supervisor were having a conversation in front of the timeclock
`blocking me from clocking out.
`33. I politely asked them to move, and I was able to clock out.
`34. No altercation took place.
`35. Upon information and belief, there is no policy prohibiting employees from asking others to refrain from blocking the
`timeclock.
`36. On December 4, 2020, Mrs. Jordan asked me to report to the Human Resource office.
`37. The Respondent terminated my employment because they said I was an aggressor on the day before.
`38. Before my termination, Jeffery LNU and another white male Mr. Bower had similar issues as Jackson and I had.
`39. The Respondent did not terminate them.
`40. In November 2020, a white male and a black Haitian male had a physical altercation on the line.
`41. The Respondent only fired the black Haitian male.
`42. Other employees who have not reported harassment have been able to ask others to step out of the way of the
`timeclock and were not fired.
`
`
`
`I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the
`agencies if I change my address or phone number and I will cooperate fully with them in the
`processing of my charge in accordance with their procedures.
`
`I declare under penalty of perjury that the above is true and correct.
`
`NOTARY–When necessary for State or Local Agency Requirements
`
`I swear or affirm that I have read the above charge and that it is true to the best of my
`knowledge, information and belief.
`SIGNATURE OF COMPLAINANT
`
`03/10/2021
`
`Date
`
`Charging Party Signature
`
`SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
`(month, day, year)
`
`Fonteneau Firm LLC – Lawyers for Working People
`
`

`

`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 16 of 18
`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`NORTHERN DISTRICT OF ALABAMA
`MIDDLE DIVISION
`
`
`STEVEN POWELL,
`
`PLAINTIFF,
`
`
`
`
`
`
`
`
`
`VS.
`
` CV NO.:
`
`PILGRIM’S
`CORPORATION,
`DEFENDANT.
`
`PRIDE
`
`
`
`
`
` JURY TRIAL DEMANDED
`
`
`
`EXHIBIT B
`
`
`
`
`
`
`
`

`

`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 17 of 18
`
`EEOC Form 161 (11/2020)
`
`U.S. Equal Employment Opportunity Commission
`
`Dismissal and Notice of Rights
`
`To:
`
`Steven L. Powell
`
`untersville, AL 35976
`
`From:
`
`Birmingham District Office
`Ridge Park Place
`1130 22nd Street South
`Birmingham, AL 35205
`
`On behalf of person(s) aggrieved whose identity is
`
`CONFIDENTIAL (29 CFR §1601. 7(a))
`
`EEOC Charge No.
`
`EEOC Representative
`
`Telephone No.
`
`MICHAEL G. ALBERT,
`
`420-2021-00738
`
`Investigator
`
`(205) 651-7043
`
`THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:
`
`The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC.
`
`Your allegations did not involve a disability as defined by the Americans With Disabilities Act.
`
`The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.
`
`timely filed with EEOC;
`Your charge was not
`discrimination to file your charge
`
`in other words, you waited too long after the date(s) of the alleged
`
`X
`
`The EEOC issues the following determination: The EEOC will not proceed further with its investigation, and makes no
`determination about whether further investigation would establish violations of the statute. This does not mean the claims
`have no merit. This determination does not certify that the respondent
`is in compliance with the statutes. The EEOC
`makes no finding as to the merits of any other issues that might be construed as having been raised by this charge.
`
`The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge.
`
`Other (briefly state)
`
`- NOTICE OF SUIT RIGHTS -
`(See the additional information attached to this form.)
`
`Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age
`Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you.
`You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your
`lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
`lost.
`(The time limit for filing suit based on a claim under state law may be different.)
`
`Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the
`alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years)
`before you file suit may not be collectible.
`
`Enclosures(s)
`
`cc:
`
`PILGRIM’S PRIDE
`C/o Dylan Moore
`1770 PROMONTORY CIR
`Greeley, CO 80634
`
`On behalf of the Commission
`
`BRADLEY A. ANDERSON,
`District Director
`
`September 24, 2021
`
`(Date Issued)
`
`Kira Fonteneau
`FIVE POINTS LAW
`2151 Highland Avenue South
`Suite 205
`Birmingham, AL 35205
`
`

`

`Case 4:21-cv-01695-CLM Document 1 Filed 12/22/21 Page 18 of 18
`Enclosure with EEOC
`Form 161 (11/2020)
`
`INFORMATION RELATED TO FILING SUIT
`UNDER THE LAWS ENFORCED BY THE EEOC
`
`(This information relates to filing suit in Federal or State court under Federal law.
`If you also plan to sue claiming violations of State law, please be aware that time limits and other
`provisions of State law may be shorter or more limited than those described below.)
`
`PRIVATE SUIT RIGHTS
`
`-- Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA),
`the Genetic Information Nondiscrimination Act (GINA), or the Age
`Discrimination in Employment Act (ADEA):
`
`In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within
`90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-
`day period is over, your right to sue based on the charge referred to in this Notice will be lost. If you intend to
`consult an attorney, you should do so promptly. Give your attorney a copy of this Notice, and its envelope or
`record of receipt, and tell him or her the date you received it. Furthermore, in order to avoid any question that you
`did not act in a timely manner, it is prudent that your suit be filed within 90 days of the date this Notice was
`issued to you (as indicated where the Notice is signed) or the date of the postmark or record of receipt, if later.
`
`Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate
`State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide
`after talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short
`statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter
`alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters alleged in
`the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some
`cases can be brought where relevant employment records are kept, where the employment would have been, or
`where the respondent has its main office. If you have simple questions, you usually can get answers from the
`office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or
`make legal strategy decisions for you.
`
`PRIVATE SUIT RIGHTS
`
`-- Equal Pay Act (EPA):
`
`EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back
`pay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For
`example, if you were underpaid under the EPA for work performed from 7/1/08 to 12/1/08, you should file suit
`before 7/1/10 – not 12/1/10 -- in order to recover unpaid wages due for July 2008. This time limit for filing an EPA
`suit is separate from the 90-day filing period under Title VII, the ADA, GINA or the ADEA referred to above.
`Therefore, if you also plan to sue under Title VII, the ADA, GINA or the ADEA, in addition to suing on the EPA
`claim, suit must be filed within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period.
`
`ATTORNEY REPRESENTATION
`
`-- Title VII, the ADA or GINA:
`
`If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdiction
`in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be
`made to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail your
`efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above,
`because such requests do not relieve you of the requirement to bring suit within 90 days.
`
`ATTORNEY REFERRAL AND EEOC ASSISTANCE
`
`-- All Statutes:
`
`You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any
`questions about your legal rights, including advice on which U.S. District Court can hear your case. If you need to
`inspect or obtain a copy of information in EEOC's file on the charge, please request it promptly in writing and provide
`your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, all charge files
`are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review the charge
`file, please make your review request within 6 months of this Notice. (Before filing suit, any request should be
`made within the next 90 days.)
`IF YOU FILE SUIT, PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO THIS OFFICE.
`
`

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