Case 2:20-cv-00575-KD-B Document 1 Filed 11/30/20 Page 1 of 7 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF ALABAMA
`NORTHERN DIVISION
`
`CIVIL ACTION NO.:
`20-575
`JURY DEMAND
`
`))
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`)
`)
`)
`)
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`))
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`)
`
`COMPLAINT
`
`SAMERA MOHAMMED,
`
`Plaintiff,
`
`v.
`
`FOSTER FARMS,
`
`Defendant.
`
`I.
`
`JURISDICTION
`
`1.
`
`Jurisdiction of this Court is invoked pursuant to 42 U.S.C. §12117, 28 U.S.C. §1331.
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`The jurisdiction of this court is invoked to secure protection of and redress deprivation of rights
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`secured by the Americans With Disabilities of Act 1990, as amended, 42 U.S.C. Section 12101, et
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`seq. providing for injunctive and other relief against employment discrimination and retaliation.
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`2.
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`Plaintiff has fulfilled all conditions precedent to the institution of this action under
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`42 U.S.C. §12117. Plaintiff timely filed her charge of discrimination within 180 days of occurrence
`
`of the last discriminatory act. Plaintiff also timely filed this complaint within ninety (90) days of the
`
`receipt of a Notice of Right To Sue issued by the Equal Employment Opportunity Commission.
`
`Plaintiff received a “cause” finding from the Equal Employment Opportunity Commission.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF ALABAMA
`NORTHERN DIVISION
`
`CIVIL ACTION NO.:
`20-575
`JURY DEMAND
`
`))
`
`)
`)
`)
`)
`
`))
`
`)
`
`COMPLAINT
`
`SAMERA MOHAMMED,
`
`Plaintiff,
`
`v.
`
`FOSTER FARMS,
`
`Defendant.
`
`I.
`
`JURISDICTION
`
`1.
`
`Jurisdiction of this Court is invoked pursuant to 42 U.S.C. §12117, 28 U.S.C. §1331.
`
`The jurisdiction of this court is invoked to secure protection of and redress deprivation of rights
`
`secured by the Americans With Disabilities of Act 1990, as amended, 42 U.S.C. Section 12101, et
`
`seq. providing for injunctive and other relief against employment discrimination and retaliation.
`
`2.
`
`Plaintiff has fulfilled all conditions precedent to the institution of this action under
`
`42 U.S.C. §12117. Plaintiff timely filed her charge of discrimination within 180 days of occurrence
`
`of the last discriminatory act. Plaintiff also timely filed this complaint within ninety (90) days of the
`
`receipt of a Notice of Right To Sue issued by the Equal Employment Opportunity Commission.
`
`Plaintiff received a “cause” finding from the Equal Employment Opportunity Commission.
`
`
`
`Case 2:20-cv-00575-KD-B Document 1 Filed 11/30/20 Page 2 of 7 PageID #: 2
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`II.
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`PARTIES
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`3.
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`Plaintiff, Samera Mohammed (hereinafter “Mohammed” or “Plaintiff”) is a citizen
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`of the United States and a resident of Monroe, North Carolina. At all time relevant to this lawsuit,
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`the plaintiff was employed at one of the defendant’s locations in Marengo County, Alabama.
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`4.
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`Defendant, Foster Farms (hereinafter “Foster Farms” or “Defendant”) is an employer
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`pursuant to 42 U.S.C. §12111(5) and is doing business in Marengo County, Alabama.
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`III.
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`FACTUAL ALLEGATIONS
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`5.
`
`The plaintiff adopts and incorporate by reference the allegations contained in
`
`paragraphs 1-4 above.
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`6.
`
` Plaintiff suffers from diabetes which substantially limits the function of her
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`endocrine system which is a major life activity under the ADAAA.
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`7.
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`Plaintiff was hired by Defendant around November 7, 2018. On the Medical History
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`Form that she was required to complete, Plaintiff informed Defendant of her disability by writing
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`that she was currently taking insulin. Plaintiff also spoke with one of Defendant’s office employees
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`that day and informed them that she had a doctors appointment on Friday, November 9, 2018.
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`8.
`
`At Plaintiff’s November 9th doctors appointment, she was sent to the hospital in
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`Grove Hill for tests. She sent an email to Defendant’s employee, Tyler Pinegar at 1:42 p.m.,
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`informing him that she had previously told someone at Foster Farms about the doctors appointment
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`and that she had been sent to the hospital. Plaintiff also provided a copy of a doctor’s excuse
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`attached to her email to Pinegar.
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`9.
`
`At 1:46 p.m. on November 9th, Pinegar replied to Plaintiff’s email, telling her that she
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`had spoken with the HR Manager, Amy, and that he had also heard from the guard, who Plaintiff had
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`2
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`
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`Case 2:20-cv-00575-KD-B Document 1 Filed 11/30/20 Page 3 of 7 PageID #: 3
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`called to inform about her absence. Pinegar stated that he was informing her supervisor and
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`scanning the excuse into the personnel file.
`
`10.
`
`On November 15, 2018, Plaintiff was again ill because of her diabetes. She sent
`
`Pinegar an email at 11:34 p.m., informing him that she had called in to work earlier that day, but no
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`one answered. She told him that her blood sugar levels were high which caused her to be sick. She
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`told him that she had a doctors note and that the doctor had also provided an accommodation request
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`for her to provide her employer. Plaintiff attached both of those documents to her email.
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`11.
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`On Friday, November 16, 2019, at 8:58 a.m., Pinegar responded with an email stating
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`that Foster Farms did not “do accommodations,” and that Plaintiff had been told she could not miss
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`any more time. Pinegar then told Plaintiff that “we’re going to have to end your employment with
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`us.”
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`IV.
`
`CAUSES OF ACTION
`
`A.
`
`TERMINATION - AMERICANS WITH DISABILITIES ACT - (FAILURE TO
`ACCOMMODATE)
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`12.
`
`The plaintiff adopts and incorporates by reference the allegations contained in
`
`paragraphs 1-11 above.
`
`13.
`
`Plaintiff is a person with a disability in that she has a physical impairment which
`
`substantially limits one or more of her major life activities. 42 U.S.C. §12102. Furthermore, she
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`is a qualified individual with a disability in that she has a record of impairment and is perceived as
`
`having an impairment which substantially limits one or more major life activities in accordance with
`
`42 U.S.C. §12102. As stated, the Defendant is an employer in accordance with 42 U.S.C. §12111(5).
`
`14.
`
`Despite the plaintiff’s disability, she is and was able to perform the essential functions
`
`3
`
`
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`Case 2:20-cv-00575-KD-B Document 1 Filed 11/30/20 Page 4 of 7 PageID #: 4
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`of the her position with Defendant with or without accommodations.
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`15.
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`The defendant failed to accommodate Plaintiff’s disability and failed to engage in the
`
`interactive process with Plaintiff, telling her that the company did not “do accommodations” and
`
`thereafter terminating Plaintiff’s employment. Defendant’s actions were intentional, malicious, and
`
`with recklessly indifferent to Plaintiff’s federally protected rights.
`
`16.
`
`The plaintiff seeks to redress the wrongs alleged herein in this suit for lost wages, an
`
`injunctive and a declaratory judgment. The plaintiff is now suffering and will continue to suffer
`
`irreparable injury from the defendant’s unlawful policies and practices as set forth herein unless
`
`enjoined by this Court.
`
`17.
`
`As a result of the defendant’s actions, the plaintiff has suffered extreme harm,
`
`including, but not limited to, loss of employment opportunities, denial of wages, compensation and
`
`other benefits and conditions of employment. Additionally, the plaintiff has suffered injury,
`
`including pain, humiliation, mental anguish and suffering and loss of enjoyment of life.
`
`B.
`
`- AMERICANS WITH DISABILITIES ACT
`TERMINATION
`(DISCRIMINATION BECAUSE OF DISABILITY)
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`18.
`
`The plaintiff adopts and incorporates by reference the allegations contained in
`
`paragraphs 1-17 above.
`
`19.
`
`Plaintiff is a person with a disability in that she has a physical impairment which
`
`substantially limits one or more of her major life activities. 42 U.S.C. §12102. Furthermore, she
`
`is a qualified individual with a disability in that he has a record of impairment and is perceived as
`
`having an impairment which substantially limits one or more major life activities in accordance with
`
`42 U.S.C. §12102. As stated, the Defendant is an employer in accordance with 42 U.S.C. §12111(5).
`
`4
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`
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`Case 2:20-cv-00575-KD-B Document 1 Filed 11/30/20 Page 5 of 7 PageID #: 5
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`20.
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`Despite the plaintiff’s disability, she is and was able to perform the essential functions
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`of the position of her position with or without an accommodation.
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`21.
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`The defendant intentionally, maliciously, and with reckless indifference to Plaintiff’s
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`federally protected rights terminated the plaintiff because of her actual or perceived disability and/or
`
`her record of a disability.
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`22.
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`The plaintiff seeks to redress the wrongs alleged herein in this suit for lost wages, and
`
`injunctive and a declaratory relief. The plaintiff is now suffering and will continue to suffer
`
`irreparable injury from the defendant’s unlawful policies and practices as set forth herein unless
`
`enjoined by this Court.
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`23.
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`As a result of the defendant’s actions, the plaintiff has suffered extreme harm,
`
`including, but not limited to, loss of employment opportunities, denial of wages, compensation and
`
`other benefits and conditions of employment. Additionally, the plaintiff has suffered injury,
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`including pain, humiliation, mental anguish and suffering and loss of enjoyment of life.
`
`C.
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`24.
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`RETALIATORY TERMINATION
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`The plaintiff adopts and incorporate by reference the allegations contained in
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`paragraphs 1-23 above.
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`25.
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`Although Plaintiff informed Defendant of her disability and requested an
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`accommodation, the Defendant failed to accommodate the plaintiff and failed to engage in the
`
`interactive process.
`
`26.
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`The defendant intentionally, maliciously, and with reckless indifference and
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`terminated the plaintiff in retaliation for her seeking an accommodation for her disability.
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`27.
`
`The plaintiff seeks to redress the wrongs alleged herein in this suit for lost wages, an
`
`5
`
`
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`Case 2:20-cv-00575-KD-B Document 1 Filed 11/30/20 Page 6 of 7 PageID #: 6
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`injunctive and a declaratory judgment. The plaintiff is now suffering and will continue to suffer
`
`irreparable injury from the defendant’s unlawful policies and practices as set forth herein unless
`
`enjoined by this Court.
`
`28.
`
`As a result of the defendant’s actions, the plaintiff has suffered extreme harm,
`
`including, but not limited to, loss of employment opportunities, denial of wages, compensation and
`
`other benefits and conditions of employment. Additionally, the plaintiff has suffered injury,
`
`including pain, humiliation, mental anguish and suffering and loss of enjoyment of life.
`
`V.
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`PRAYER FOR RELIEF
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`WHEREFORE, the plaintiff respectfully prays that this Court assume jurisdiction of this
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`action and after trial:
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`1.
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`Issue a declaratory judgment that the employment policies, practices, procedures,
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`conditions and customs of the defendant are violative of the rights of the plaintiff as secured by the
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`Americans with Disabilities Act (ADA), 42 U.S.C. 12102.
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`2.
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`Grant the plaintiff a permanent injunction enjoining the defendant, its agents,
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`successors, employees, attorneys and those acting in concert with the defendant and at the
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`defendant’s request from continuing to violate the Act of Congress known as the Americans with
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`Disabilities Act (ADA), 42 U.S.C. 12102.
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`3.
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`Enter an Order requiring the defendant to make the plaintiff whole by awarding him
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`the position(s) he would have had occupied in the absence of disability discrimination and
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`retaliation, back-pay (plus interest), declaratory and injunctive relief, liquidated damages,
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`compensatory and punitive damages, lost seniority, benefits, and lost pension.
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`4.
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`The plaintiff further prays for such other relief and benefits as the cause of justice may
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`6
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`Case 2:20-cv-00575-KD-B Document 1 Filed 11/30/20 Page 7 of 7 PageID #: 7
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`require, including, but not limited to, an award of costs, attorney’s fees and expenses.
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`Respectfully submitted,
`
`/s/ Kevin W. Jent
`Kevin W. Jent
`Counsel for the Plaintiff
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`OF COUNSEL:
`
`WIGGINS, CHILDS, PANTAZIS,
`FISHER & GOLDFARB, LLC
`The Kress Building
`301 19th Street North
`Birmingham, Alabama 35203
`205/314-0500
`205/254-1500 (fax)
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`PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL
`TRIABLE ISSUES.
`
`/s/ Kevin W. Jent
`OF COUNSEL
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`DEFENDANT’S ADDRESS TO BE SERVED
`VIA CERTIFIED MAIL:
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`Foster Farms, Inc.
`c/o C T Corporation System
`2 North Jackson Street, Suite 605
`Montgomery, AL 36104
`
`7
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