Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 1 of 36 Page ID #:22
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`Exhibit B
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`

`

`
`
`LAW OFFICES OF MARYANN P. GALLAGHER
`MARYANN P. GALLAGHER, SBN 146078
`205 S. Broadway, Suite 920
`Los Angeles, CA 90012
`Telephone: (213) 626-1810
`Facsimile: (213) 626-0961
`E-mail: mail@mpg-law.com
`
`
`
`Attorneys for Plaintiff TRANEKA ECHOLS
`
`
`TRANEKA ECHOLS,
`
` Plaintiff,
`
`
`
`v.
`
`
`
`
`
`ENCOMPASS HEALTH REHABILITATION
`HOSPITAL OF MURRIETA; ENCOMPASS
`HEALTH REHABILITATION HOSPITAL
`OF MURRIETA, LLC; ENCOMPASS
`HEALTH CORPORATION; HEALTH
`SOUTH REHABILITATION HOSPITAL OF
`MURRIETA, LLC;; and DOES 1 through 100,
`inclusive,
`
`
` Defendants.
`
`
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`FOR THE COUNTY OF LOS ANGELES
` CASE NO.
`
`COMPLAINT FOR DAMAGES
`
`
`1. RACIAL DISCRIMINATION
`2. RACIAL HARASSMETN-HOSTILE
`WORK ENVIRONMENT
`3. DISABILITY DISCRIMINATION IN
`VIOLATION OF GOVERNMENT CODE
`SECTION 12940 ET SEQ
`4. PERCEIVED DISABILITY
`DISCRIMINATION IN VIOLATION OF
`GOVERNMENT CODE SECTION 12940
`ET SEQ
`5. FAILURE TO INVESTIGATE AND
`PREVENT DISCRIMINATION AND
`RETALIATION IN VIOLATION OF
`GOVERNMENT CODE SECTION 12940
`ET SEQ
`6. FAILURE TO ENGAGE IN THE
`INTERACTIVE PROCESS IN
`VIOLATION OF GOVERNMENT CODE
`SECTION 12940 ET SEQ
`7. FALURE TO ACCOMMODATE IN
`VIOLATION OF GOVERNMENT CODE
`SECTION 12940 ET SEQ
`8. RETALIATION IN VIOLATION OF
`GOVERNMENT CODE 12940
`9. WRONGFUL TERMINATION IN
`VIOLATION OF PUBLIC POLICY
`10. DEFAMATION
`
`DEMAND FOR JURY TRIAL
`
`
`
`
`
`
`1
` COMPLAINT
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`Electronically FILED by Superior Court of California, County of Los Angeles on 05/19/2021 04:20 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Clifton,Deputy Clerk
`
`Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Gregory Keosian
`
`21STCV18896
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`

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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 3 of 36 Page ID #:24
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`COMES NOW Plaintiff TRANEKA ECHOLS (hereinafter “Plaintiff”) who brings this
`Complaint against the above-named Defendants and DOES 1 through 100, and each of them, as
`follows:
`
`
`THE PARTIES
`Plaintiff TRANEKA ECHOLS was hired as The Director Of Business
`1.
`Development. Plaintiff is an African American female. Plaintiff is a resident of the State of
`California.
`2. Defendant ENCOMPASS HEALTH REHABILITATION HOSPITAL OF
`MURRIETA; ENCOMPASS HEALTH REHABILITATION HOSPITAL OF
`MURRIETA, LLC; ENCOMPASS HEALTH CORPORATION [hereinafter
`“ENCOMPASS DEFENDANTS “ are residents of the State of California and or
`conducting business in the State of California. HEALTH SOUTH REHABILITATION
`HOSPITAL OF MURRIETA, LLC. Changed its name to ENCOMPASS HEALTH
`REHABILITATION HOSPITAL OF MURRIETA, LLC.
`
`
`
`
`
`FACTUAL ALLEGATIONS
`3. Plaintiff came to work for ENCOMPASS DEFENDANTS at Murrieta California.
`She brought with her a book of business, clients and vendors whom she had
`relationships with . Defendants used her for her connections to bring in business.
`Plaintiff was at all times a qualified injured worker as set forth in Government Code
`12926, 12940 et seq. Plaintiff was African American. Plaintiff suffered from dyslexia.
`Due to the constant stress from the hostile work environment and lack of any support
`from the CEO and Pam Drake, plaintiff was unable to work due to the stress. Her
`doctor placed her on medical leave for a few days. She was terminated when she
`returned a few days later from medical leave.
`4. Defendants created and permitted a hostile work environment. Plaintiff was called a
`“black bitch” and “Oreo”. Pam Drake, plaintiff’s supervisor would make fun of
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`2
` COMPLAINT
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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 4 of 36 Page ID #:25
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`plaintiff’s dyslexia and claim that plaintiff had an attitude because of her skin color.
`Drake would say things like “ You think you’re all that”. Drake would berate her in
`front of other employees. Plaintiff was assigned a large office, but Drake took it away
`from her and sent her to a smaller office. Drake went out of her way to degrade
`plaintiff. Drake was constantly condescending and abusive to plaintiff. When plaintiff
`complained to Drake about the racist comments, Drake failed to take immediate and
`corrective action. Instead she ratified and condoned the discrimination and hostile
`work environment. She told plaintiff to stop complaining and “ you need to suck it up
`and be a big girl”. Plaintiff began to suffer stress and stress related symptoms and
`was placed off work. Plaintiff complained to Human resources. Human resources
`refused to take any action either. Instead plaintiff was fired in retaliation for
`complaining and taking medical leave.
`5. Drake would make fun of plaintiff’s dyslexia, she told her she needed to read more
`books, when plaintiff was locked out of her computer one day and asked Drake for
`help Drake started yelling at her, she called her dyslexic and a fool.
`6. Other people who witnessed Drake’s behavior towards plaintiff commented about how
`abusive she was towards plaintiff. They told her to go to Human Resources to report
`the abuse.
`7. The hostile work environment and abuse continued for approximately 3 months. It was
`so severe it caused plaintiff to suffer emotional distress to the point it was causing her
`physical symptoms. She went to see a doctor who took her off work, she provided her
`doctors note.
`8. When she was out on leave due to the stress from Drake, an employee called her and
`told her that they heard she had been fired. Plaintiff called the ENCOMPASS
`DEFENDANT’s corporate offices. They told her to go home and they would look into
`it. Plaintiff received severance letter on or about December 16,2019.
`9. After plaintiff was terminated, Drake and others at Encompass defamed plaintiff. They
`talked to Vendors and told them that they fired plaintiff because of poor performance.
`
`3
` COMPLAINT
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`

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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 5 of 36 Page ID #:26
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`Plaintiff was not a poor performer this was false. The defamation caused plaintiff
`injury to her reputation.
`10. Plaintiff is ignorant of the true names and capacities, whether corporate, associate,
`individual, or otherwise, of DEFENDANTS sued herein as DOES 1 through 100,
`inclusive, and therefore sues said Defendants, and each of them, by such fictitious
`names. Plaintiff will seek leave of court to amend this Complaint to assert the true
`names and capacities of the fictitiously named Defendants designated as DOES 1
`through 100, when the same have been ascertained. Plaintiff is informed and believes,
`and thereon alleges, that each Defendant, designated as a “DOE” herein is legally
`responsible for the events, happenings, acts, occurrences, indebtedness, damages and
`liabilities hereinafter alleged and caused injuries and damages proximately thereby to
`the Plaintiff, as hereinafter alleged.
`11. Plaintiff is informed and believes, and thereon allege, that at all times relevant herein,
`each Defendant designated, including Does 1-100, herein was the agent, managing
`agent, principal, owner, partner, joint venturer, representative, supervisor, manager,
`alter ego, affiliate, co-employer, joint venturer, servant, employee and/or co-
`conspirator of each of the other Defendants, and was at all times mentioned herein
`acting within the course and scope of said agency and employment, and that all acts or
`omissions alleged herein were duly committed with the ratification, knowledge,
`permission, encouragement, authorization and consent of each Defendant designated
`herein.
`12. Plaintiff is informed and believes and based thereon alleges, that at all times mentioned
`herein, EMPLOYER DEFENDANTS and Does 1 through 100 and each of them, was
`the agent, servant, employee, representative, joint venturer, parent, co-employer, alter
`ego assign, predecessor, manager, agent, managing agent and/or successor of each of
`the EMPLOYER DEFENDANTS and were at all times material hereto acting within
`the authorized course and scope of these relationships, and/or that all acts, conduct, and
`omissions were subsequently ratified by the respective principals and the benefits
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`4
` COMPLAINT
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`

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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 6 of 36 Page ID #:27
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`thereof accepted by the principals.
`
`FIRST CAUSE OF ACTION
`(RACIAL DISCRIMINATION IN VIOLATION OF GOVERNMENT CODE SECTION
`12940 ET SEQ)
`Plaintiff repeats and realleges each and every allegation set forth in the preceding
`13.
`paragraphs and incorporates them herein by reference with the same effect as if realleged herein.
`At all times herein, ENCOMPASS DEFENDANTS were plaintiff’s employer.
`14.
`15. Beginning in approximately October 2019 and continuing until approximately
`December 2019, DEFENDANTS employees, supervisors and managing agents,
`including, and each of them, while acting in the course and scope of their employment
`with EMPLOYER DEFENDANTS and in carrying out the policies and practices of
`EMPLOYER DEFENDANTS , discriminated against plaintiff on the basis of her
`race, and failed to take all necessary steps to prevent discrimination and harassment
`from occurring. Defendants knowingly permitted employees to call plaintiff “Black
`Bitch” and “Oreo” and to mistreat plaintiff and bully her based on her race.
`16. Pam Drake, plaintiff’s supervisor would make fun of plaintiff’s dyslexia and claim
`that plaintiff had an attitude because of her skin color. Drake would say things like “
`You think you’re all that”. Drake would berate her in front of other employees.
`Plaintiff was assigned a large office, but Drake took it away from her and sent her to a
`smaller office. Drake went out of her way to degrade plaintiff. Drake was constantly
`condescending and abusive to plaintiff. When plaintiff complained to Drake about the
`racist comments, Drake failed to take immediate and corrective action. Instead she
`ratified and condoned the discrimination and hostile work environment. She told
`plaintiff to stop complaining and “ you need to suck it up and be a big girl”. Plaintiff
`began to suffer stress and stress related symptoms and was placed off work. Plaintiff
`complained to Human resources. Human resources refused to take any action either.
`Instead plaintiff was fired in retaliation for complaining and taking medical leave.
`
`
`
`5
` COMPLAINT
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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 7 of 36 Page ID #:28
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`17. After plaintiff complained, the atmosphere was so stressful her doctor had to take her
`off work for a few days. When she was out sick an employee called and told her she
`had been terminated. She called the Corporate offices to complain and they said they
`would take care of it. Then they terminated her on December 16,2019.
`18. PLAINTIFF filed timely charges with the California Department of Fair Employment
`and Housing and received notice of the right to sue, on or about May 19,2020
`permitting her to bring this legal action. PLAINTIFF has therefore exhausted her
`administrative remedies under the California Government Code.
`19. By the aforesaid acts and conduct of Defendants, and each of them, Plaintiff has been
`directly and legally caused to suffer actual damages pursuant to California Civil Code
`§3333 including, but not limited to, loss of earnings and future earning capacity,
`medical and related expenses for care and procedures both now and in the future,
`attorney’s fees, and other pecuniary loss not presently ascertained, for which Plaintiff
`will seek leave of court to amend when ascertained.
`20. As a direct and legal result of the acts and conduct of EMPLOYER DEFENDANTS,
`Plaintiff has been caused, and did suffer, and continues to suffer severe and permanent
`emotional and mental distress and anguish, humiliation, embarrassment, fright, shock,
`pain, discomfort and anxiety. The exact nature and extent of said injuries is presently
`unknown to Plaintiff, who will pray leave of court to assert the same when they are
`ascertained.
`21. Further, Defendants, their managing agents, including but not limited to, managing
`agents, supervisors, ratified and condoned the action against Plaintiff and allowed
`DRAKE to continue working there. The CEO Perry knew about the discrimination
`and harassment and termination of plaintiff and ratified and condoned it. Plaintiff
`complained to Human Resources and they didn’t investigate or take corrective action.
`Plaintiff complained to the corporate officers and they ratified and condoned the
`discrimination and harassment and termination. The aforementioned acts of
`EMPLOYER DEFENDANTS and its alter egos, committed by and through their
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`6
` COMPLAINT
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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 8 of 36 Page ID #:29
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`managing agents, supervisors, were done with the knowledge of EMPLOYER
`DEFENDANTS and its alter egos and or were ratified and condoned by them and their
`alter egos, and each of them, were willful, wanton, malicious, intentional, oppressive,
`illegal and despicable and were done in willful and conscious disregard of the rights,
`welfare and safety of Plaintiff, and were done by managerial agents of Defendants and
`its alter egos, and Does 1 through 100, and with the express knowledge, consent, and
`ratification of managerial employees of Defendants and its alter egos, thereby
`justifying the awarding of punitive and exemplary damages in an amount to be
`determined at the time of trial.
`22. The EMPLOYER DEFENDANTS knew their behavior was illegal, but did it anyway,
`in blatant disregard of the law.
`23. As a result of the acts and omissions to act, of the EMPLOYER DEFENDANTS, and
`each of them, as alleged herein, Plaintiff is entitled to reasonable attorneys' fees and
`costs.
`24. Plaintiff has been generally damaged in an amount within the jurisdiction of this Court.
`25. The harm to Plaintiff was "physical" in the sense that it affected her emotional and
`mental health, rather than being a purely economic harm. State Farm Mutual.
`Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408, 419. It was objectively
`reasonable to assume that EMPLOYER DEFENDANTS' employers' and managing
`agents' acts of discrimination and harassment toward PLAINTIFF would affect her
`emotional well-being, and therefore DEFENDANTS employers' "conduct evinced an
`indifference to or a reckless disregard of the health or safety of others."
`26. As a result of the discriminatory acts of EMPLOYER DEFENDANTS, their agents and
`alter egos, and each of them, as alleged herein, Plaintiff is entitled to reasonable
`attorneys' fees and costs of said suit as specifically provided in California Government
`Code §12965(b).
`27. Plaintiff has suffered general damages in an amount within the jurisdiction of this
`court.
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`7
` COMPLAINT
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`

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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 9 of 36 Page ID #:30
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`SECOND CAUSE OF ACTION
`( RACIAL HARASSMENT- HOSTILE WORK ENVIRONMENT IN VIOLATION OF
`GOVERNMENT CODE SECTION 12940 ET SEQ)
`28. Plaintiff repeats and realleges each and every allegation set forth in the preceding
`paragraphs and incorporates them herein by reference with the same effect as if
`realleged herein.
`At all times herein, ENCOMPASS DEFENDANTS were plaintiff’s employer.
`29.
`30. Beginning in approximately October 2019 and continuing until approximately
`December 2019, DEFENDANTS employees, supervisors and managing agents,
`including, and each of them, while acting in the course and scope of their employment
`with EMPLOYER DEFENDANTS and in carrying out the policies and practices of
`EMPLOYER DEFENDANTS , harassed plaintiff on the basis of her race, and failed
`to take immediate and corrective action to prevent the hostile work environment.
`Defendants knowingly permitted employees to call plaintiff “Black Bitch” and “Oreo”
`and to mistreat plaintiff and bully her based on her race.
`31. Pam Drake, plaintiff’s supervisor would make fun of plaintiff’s dyslexia and claim
`that plaintiff had an attitude because of her skin color. Drake would say things like “
`You think you’re all that”. Drake would berate her in front of other employees.
`Plaintiff was assigned a large office, but Drake took it away from her and sent her to a
`smaller office. Drake went out of her way to degrade plaintiff. Drake was constantly
`condescending and abusive to plaintiff. When plaintiff complained to Drake about the
`racist comments, Drake failed to take immediate and corrective action. Instead she
`ratified and condoned the discrimination and hostile work environment. She told
`plaintiff to stop complaining and “ you need to suck it up and be a big girl”. Plaintiff
`began to suffer stress and stress related symptoms and was placed off work. Plaintiff
`complained to Human resources. Human resources refused to take any action either.
`Instead plaintiff was fired in retaliation for complaining and taking medical leave.
`32. After plaintiff complained, the atmosphere was so stressful her doctor had to take her
`
`8
` COMPLAINT
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`

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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 10 of 36 Page ID #:31
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`off work for a few days. When she was out sick an employee called and told her she
`had been terminated. She called the Corporate offices to complain and they said they
`would take care of it. Then they terminated her on December 16,2019.
`33. PLAINTIFF filed timely charges with the California Department of Fair Employment
`and Housing and received notice of the right to sue, on or about May 19,2020
`permitting her to bring this legal action. PLAINTIFF has therefore exhausted her
`administrative remedies under the California Government Code.
`34. By the aforesaid acts and conduct of Defendants, and each of them, Plaintiff has been
`directly and legally caused to suffer actual damages pursuant to California Civil Code
`§3333 including, but not limited to, loss of earnings and future earning capacity,
`medical and related expenses for care and procedures both now and in the future,
`attorney’s fees, and other pecuniary loss not presently ascertained, for which Plaintiff
`will seek leave of court to amend when ascertained.
`35. As a direct and legal result of the acts and conduct of EMPLOYER DEFENDANTS,
`Plaintiff has been caused, and did suffer, and continues to suffer severe and permanent
`emotional and mental distress and anguish, humiliation, embarrassment, fright, shock,
`pain, discomfort and anxiety. The exact nature and extent of said injuries is presently
`unknown to Plaintiff, who will pray leave of court to assert the same when they are
`ascertained.
`36. Further, Defendants, their managing agents, including but not limited to, managing
`agents, supervisors, ratified and condoned the action against Plaintiff and ratified it and
`condoned it. Drake was aware of and actively participated in the discrimination and
`harassment of plaintiff and ratified and condoned the hostile work environment. The
`CEO Perry knew about the discrimination and harassment and termination of plaintiff
`and ratified and condoned it. Plaintiff complained to Human Resources and they
`didn’t investigate or take corrective action. Plaintiff complained to the corporate
`officers and they ratified and condoned the discrimination and harassment and
`termination. The aforementioned acts of EMPLOYER DEFENDANTS and its alter
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`9
` COMPLAINT
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`

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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 11 of 36 Page ID #:32
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`egos, committed by and through their managing agents, supervisors, were done with
`the knowledge of EMPLOYER DEFENDANTS and its alter egos and or were ratified
`and condoned by them and their alter egos, and each of them, were willful, wanton,
`malicious, intentional, oppressive, illegal and despicable and were done in willful and
`conscious disregard of the rights, welfare and safety of Plaintiff, and were done by
`managerial agents of Defendants and its alter egos, and Does 1 through 100, and with
`the express knowledge, consent, and ratification of managerial employees of
`Defendants and its alter egos, thereby justifying the awarding of punitive and
`exemplary damages in an amount to be determined at the time of trial.
`37. The EMPLOYER DEFENDANTS knew their behavior was illegal, but did it anyway,
`in blatant disregard of the law.
`38. As a result of the acts and omissions to act, of the EMPLOYER DEFENDANTS, and
`each of them, as alleged herein, Plaintiff is entitled to reasonable attorneys' fees and
`costs.
`39. Plaintiff has been generally damaged in an amount within the jurisdiction of this Court.
`40. The harm to Plaintiff was "physical" in the sense that it affected her emotional and
`mental health, rather than being a purely economic harm. State Farm Mutual.
`Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408, 419. It was objectively
`reasonable to assume that EMPLOYER DEFENDANTS' employers' and managing
`agents' acts of discrimination and harassment toward PLAINTIFF would affect her
`emotional well-being, and therefore DEFENDANTS employers' "conduct evinced an
`indifference to or a reckless disregard of the health or safety of others."
`41. As a result of the discriminatory acts of EMPLOYER DEFENDANTS, their agents and
`alter egos, and each of them, as alleged herein, Plaintiff is entitled to reasonable
`attorneys' fees and costs of said suit as specifically provided in California Government
`Code §12965(b).
`42. Plaintiff has suffered general damages in an amount within the jurisdiction of this
`court.
`
`10
` COMPLAINT
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`

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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 12 of 36 Page ID #:33
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`THIRD CAUSE OF ACTION
`(DISABILITY DISCRIMINATION IN VIOLATION OF GOVERNMENT CODE
`SECTION 12940 ET SEQ)
`
`43. Plaintiff repeats and realleges each and every allegation set forth in the preceding
`paragraphs and incorporates them herein by reference with the same effect as if
`realleged herein.
`44. At all times herein, ENCOMPASS DEFENDANTS were plaintiff’s employer.
`45. Beginning in approximately October 2019 and continuing until approximately
`December 2019, DEFENDANTS employees, supervisors and managing agents,
`including, and each of them, while acting in the course and scope of their employment
`with EMPLOYER DEFENDANTS and in carrying out the policies and practices of
`EMPLOYER DEFENDANTS , discriminated against plaintiff on the basis of her
`disability, and failed to take all necessary steps to prevent discrimination and
`harassment from occurring. Plaintiff was a qualified injured worker who suffered
`from dyslexia. Drake knew about plaintiff’s dyslexia.
`46. Pam Drake, plaintiff’s supervisor would make fun of plaintiff’s dyslexia and claim
`that plaintiff had an attitude because of her skin color. Drake would say things like “
`You think you’re all that”. Drake would berate her in front of other employees.
`Plaintiff was assigned a large office, but Drake took it away from her and sent her to a
`smaller office. Drake went out of her way to degrade plaintiff. Drake was constantly
`condescending and abusive to plaintiff. When plaintiff complained to Drake about the
`racist comments, Drake failed to take immediate and corrective action. Instead she
`ratified and condoned the discrimination and hostile work environment. She told
`plaintiff to stop complaining and “ you need to suck it up and be a big girl”. Plaintiff
`began to suffer stress and stress related symptoms and was placed off work. Plaintiff
`complained to Human resources. Human resources refused to take any action either.
`Instead plaintiff was fired in retaliation for complaining and taking medical leave.
`47. Further, plaintiff was suffering from emotional distress that prevented her from
`
`11
` COMPLAINT
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`Case 5:21-cv-01271 Document 1-5 Filed 07/29/21 Page 13 of 36 Page ID #:34
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`working and her doctor took her off work. After plaintiff complained, the atmosphere
`was so stressful her doctor had to take her off work for a few days. When she was out
`sick an employee called and told her she had been terminated. She called the
`Corporate offices to complain and they said they would take care of it. Then they
`terminated her on December 16,2019.
`48. PLAINTIFF filed timely charges with the California Department of Fair Employment
`and Housing and received notice of the right to sue, on or about May 19,2020
`permitting her to bring this legal action. PLAINTIFF has therefore exhausted her
`administrative remedies under the California Government Code.
`49. By the aforesaid acts and conduct of Defendants, and each of them, Plaintiff has been
`directly and legally caused to suffer actual damages pursuant to California Civil Code
`§3333 including, but not limited to, loss of earnings and future earning capacity,
`medical and related expenses for care and procedures both now and in the future,
`attorney’s fees, and other pecuniary loss not presently ascertained, for which Plaintiff
`will seek leave of court to amend when ascertained.
`50. As a direct and legal result of the acts and conduct of EMPLOYER DEFENDANTS,
`Plaintiff has been caused, and did suffer, and continues to suffer severe and permanent
`emotional and mental distress and anguish, humiliation, embarrassment, fright, shock,
`pain, discomfort and anxiety. The exact nature and extent of said injuries is presently
`unknown to Plaintiff, who will pray leave of court to assert the same when they are
`ascertained.
`51. Further, Defendants, their managing agents, including but not limited to, managing
`agents, supervisors, ratified and condoned the action against Plaintiff and allowed
`DRAKE to continue working there. The CEO Perry knew about the discrimination
`and harassment and termination of plaintiff and ratified and condoned it. Plaintiff
`complained to Human Resources and they didn’t investigate or take corrective action.
`Plaintiff complained to the corporate officers and they ratified and condoned the
`discrimination and harassment and termination. The aforementioned acts of
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`EMPLOYER DEFENDANTS and its alter egos, committed by and through their
`managing agents, supervisors, were done with the knowledge of EMPLOYER
`DEFENDANTS and its alter egos and or were ratified and condoned by them and their
`alter egos, and each of them, were willful, wanton, malicious, intentional, oppressive,
`illegal and despicable and were done in willful and conscious disregard of the rights,
`welfare and safety of Plaintiff, and were done by managerial agents of Defendants and
`its alter egos, and Does 1 through 100, and with the express knowledge, consent, and
`ratification of managerial employees of Defendants and its alter egos, thereby
`justifying the awarding of punitive and exemplary damages in an amount to be
`determined at the time of trial.
`52. The EMPLOYER DEFENDANTS knew their behavior was illegal, but did it anyway,
`in blatant disregard of the law.
`53. As a result of the acts and omissions to act, of the EMPLOYER DEFENDANTS, and
`each of them, as alleged herein, Plaintiff is entitled to reasonable attorneys' fees and
`costs.
`54. Plaintiff has been generally damaged in an amount within the jurisdiction of this Court.
`55. The harm to Plaintiff was "physical" in the sense that it affected her emotional and
`mental health, rather than being a purely economic harm. State Farm Mutual.
`Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408, 419. It was objectively
`reasonable to assume that EMPLOYER DEFENDANTS' employers' and managing
`agents' acts of discrimination and harassment toward PLAINTIFF would affect her
`emotional well-being, and therefore DEFENDANTS employers' "conduct evinced an
`indifference to or a reckless disregard of the health or safety of others."
`56. As a result of the discriminatory acts of EMPLOYER DEFENDANTS, their agents and
`alter egos, and each of them, as alleged herein, Plaintiff is entitled to reasonable
`attorneys' fees and costs of said suit as specifically provided in California Government
`Code §12965(b).
`57. Plaintiff has suffered general damages in an amount within the jurisdiction of this
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`FOURTH CAUSE OF ACTION
`(PERCEIVED DISABILITY DISCRIMINATION IN VIOLATION OF
`GOVERNMENT CODE SECTION 12940 ET SEQ)
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`58. Plaintiff repeats and repleads all of the prior causes of action and all the facts that
`support them.
`59. Plaintiff repeats and realleges each and every allegation set forth in the preceding
`paragraphs and incorporates them herein by reference with the same effect as if
`realleged herein.
`60. At all times herein, ENCOMPASS DEFENDANTS were plaintiff’s employer.
`61. Beginning in approximately October 2019 and continuing until approximately
`December 2019, DEFENDANTS employees, supervisors and managing agents,
`including, and each of them, while acting in the course and scope of their employment
`with EMPLOYER DEFENDANTS and in carrying out the policies and practices of
`EMPLOYER DEFENDANTS , discriminated against plaintiff on the basis of her
`perceived disability, and failed to take all necessary steps to prevent discrimination
`and harassment from occurring. Plaintiff was a qualified injured worker who suffered
`from dyslexia. Drake knew about plaintiff’s dyslexia she perceived that as a disability.
`62. Pam Drake, plaintiff’s supervisor would make fun of plaintiff’s dyslexia and claim
`that plaintiff had an attitude because of her skin color. Drake would say things like “
`You think you’re all that”. Drake would berate her in front of other employees.
`Plaintiff was assigned a large office, but Drake took it away from her and sent her to a
`smaller office. Drake went out of her way to degrade plaintiff. Drake was constantly
`condescending and abusive to plaintiff. When plaintiff complained to Drake about the
`racist comments, Drake failed to take immediate and corrective action. Instead she
`ratified and condoned the discrimination and hostile work environment. She told
`plaintiff to stop complaining and “ you need to suck it up and be a big girl”. Plaintiff
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`began to suffer stress and stress related symptoms and was placed off work. Plaintiff
`complained to Human resources. Human resources refused to take any action either.
`Instead plaintiff was fired in retaliation for complaining and taking medical leave.
`63. Further, when plaintiff was so emotionally distraught by the months of harassment
`and discrimination her doctor took her off work. Encom