Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 1 of 25 Page ID #:12
`
`EXHIBIT “A”
`
`Ex. A - Pg. 4
`
`

`

`'
`
`t:.1ectro111ca11y r-neu oy ;:,uper,ur voun 01 vc:1111orr11a, 1...,oumy 01 uram e uo,.t.f/LUL I uo:u<+:U'+ i-1v1.
`~UM-100
`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 2 of 25 Page ID #:13
`30-2021~01218365-CU-WT-CJ§UfJr&lt)N§AVID H. YAMASAKI, Clerk of tt ~ Court By ~ljleoTJfl~~BUtY L;lerK.
`.
`·
`(S01.0 PARA USO OE LA CORTE)
`(CITACION JUDICIAL)
`.
`NOT.ICE TO DEFENDANT:
`(AV/SO AL· DEMANDADO):
`UNITEDHEAL TH GROUP INCORPORATED, a Delaware corporation;
`OPTUM SERVICES, INC., a Delaware corporation; and DOES 1-50
`
`YOU ARE BEING SUED BY PLAINTIFF:
`(LO ESTA DEMANDANDO EL DEMANDANTE):
`SHARNETT BUSH, an individual
`
`CASE NUMBER:
`(MimerodeJCaso/: 30-2021·01218365-CU-WT-CJC
`Judge Nancy E. Zelt:zer
`
`NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
`below.
`You have 30 CALENDAR DAYS after this summons and legal papers are served on you lo file a w~itten response at this court and have a copy
`served on the plaintiff. A letter or phone call will not protect you. Your written response must be In proper legal form if you want the court to hear your
`case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
`Online Self-Help Center (www.caurtinfo.ca.gov/selfhe/p), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
`the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
`may be taken without further warning from the court.
`There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
`referral service. If you cannot afford an attorney, you may be eligible for free legal servl~s from a nonprc,fit legal services program. You can locate
`these nonprofit groups al the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center
`(www.courtinfo.ca.gov/se/fhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
`costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
`1A VISOI Lo han demandado. Si no responds dentro de 30 dlas, la corte pueda decidir en su contra sin escuchar su versi6n. Lea la informaci6n a
`con~nuaci6n.
`·
`Tiene 30 DIAS DE CALENDAR/0 despuas de que le entreguen esta citaci6n y papa/es /ega/es para presenter una respuesta por escrito en esta
`carte y hacer qua se entregue una capia al demandante. Una_ carts o una 1/amada telef6nica no lo pfQtegan. · Su respuesta por escrito tiene que ester
`en fonnato legal correcto si desea que procfilsen su caso en la carte. Es posible que haya un formulario que usted pueda usar para su respuesta.
`Puede encontrar eslos fonnu/arios de fa corte y mas informaci6n en el Centro de Ayuda de las Cortas de California (www.sucorte.ca.govJ, en fa
`biblioteca de (eyes de su condado o en la corte que le quede mas cen:a. Si no puede pager la cuota de presentaci6n, pida al secretario de /a corte
`que le di un formufario de exenci6n de pago de cuotas. Si no presents su respuesta.a tiempo, puede perder el caso por iricumplimiento y fa carte le
`podra quitar su sue/do, dinero y bienes sin mas advertencia.
`Hay otros requisitos .legates. Es recomendab/11 qua /lame a un abogado lnmediatamente. Si no conoce a un abogado, puede llama, a un servicio de
`remisi6n a abogados. Si no pueda pager a un abogado, es posible qua cumpla con fos requisitos para obtener servicios legs/es gratuitos de un
`programs de servicios fegales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web da California Legal Services,
`(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.govJ o ponilndose en contacto con la carte o e/
`calegio de abogados locales. AV/SO: Por fey, la carte tiene derecho a rec/amar las cuotas y los costos exentos por imponer un gravamen sobre
`cuafquler recuperac/6n de $10,000 6 mis de valor recibida mediante un acuerdo o una concesi6n de arbitreje en un caso de derecho civil. Tiena que
`pager el gravamen de fa corte antes de que la corte pue,da desechar el caso.
`The name and address of the court is:
`~I nombre _y_ direcci6n de la corte es):
`. SUPERIUR. COURT OF CALIFORNIA, COUNTY OF ORANGE
`Central Justice Center
`700 Civic Center Drive West, Santa Ana, CA 92701
`The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
`{El noJ71bre.,_/{J direccJ6n y el num.~'9 de te/Mono dijl t;1bo11ado de/ demand,mti o deJ demandante que no tiene abogado, es):
`Stephen w. Hog1e
`(Bar# 178095) Paut A. Campbell (Bar #209409)
`Ho~·e & Campoell La~ers,. Inc.
`Phone No.: (714) 508-6422
`13 2 Newoort Ave .• Suite .lOl, Tustin, CA 92780
`DA
`:
`Clerk, by
`•
`·
`, Deputy
`(Fecha) os,2 712° 21 DAVID H. YAMASAKI, Clerk ofthe Court
`(Secretario)
`{Adjunto)
`(For proof of service of this summons, use Proof of Service of Summons {form POS-010).)
`(Para proeba de entrega de esta citati6n use el formulario Proof of Service of Summons, (POS-010)).
`NOTICE TO THE PERSON SERVED: You are served
`1. D
`as an individual defendant.
`2. CJ as the person sued under the fictitious name of (specify):
`
`~JW
`
`Katie Trent
`
`f1' :r,
`'f' f,
`~-i'
`
`.,
`
`. ~~ .. , ... ~~••-''
`
`-
`
`__ .........-'F-"a,m~Adopted.for-Mandato,y·Use
`Judicial Councll of Califomia
`SUM-100 (Rev. July 1, 2009)
`
`3. W on behalf of (specify): Optum Services, Inc .• a ·Delaware corporation
`CJ
`under: ITJ
`CCP 416.10 (corporation)
`CCP 416.60 (minor)
`D
`D
`CCP 416.20 (defunct corporation)
`CCP 416.70 (conservatee)
`CCP 416.40 (association or partnership) D
`D
`CCP 416.90 (authorized person)
`D
`other (specify):
`4. CJ by personal delivery on (datel:
`SUMMONS
`
`Pa e1 of1
`Code Of Civil Procect,re §§ 412.20, 465
`d C /ifi
`, --· ., ,_,,,., A
`.
`,
`~.couTtinfo.ca.gov
`a I orma Judicial Council Fonns
`,..,..,s,vex.,..,,, utomate
`Ex. A - Pg. 5
`
`

`

`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 3 of 25 Page ID #:14
`SUM-100
`Electronically Filed by Superior Court of California, County of Oranc e 08/27/2021 05:04:04 PM
`'
`30-2021-01218365-CU-WT-CJ§~t)N§AVID H. YAMASAKI, Clerk of th~ Court By ~~Jm'3kf6ijp,uty Clerk.
`(SOLO PARA USO DE LA CORTE)
`(CITACION JUDICIAL)
`NOTICE TO DEFENDANT:
`(AV/SO AL DEMANDADO):
`UNITEDHEAL TH GROUP IN CORPORA TED, a Delaware corporation;
`OPTUM SERVICES, INC., a Delaware corporation; and DOES 1-50
`
`YOU ARE BEING SUED BY PLAINTIFF:
`(LO ESTA DEMANDANDO EL DEMANDANTE):
`SHARNETT BUSH, an individual
`
`NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
`below.
`You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
`served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
`case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
`Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
`the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
`may be taken without further warning from the court.
`There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
`referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
`these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifomia.org), the California Courts Online Self-Help Center
`(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
`costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
`1AVISO! Lohan demandado. Si no responde dentro de 30 dlas, la carte puede decidir en su contra sin escuchar su versi6n. Lea la informaci6n a
`continuaci6n.
`·
`Tiene 30 DIAS DE CALENDAR/0 despues de que le entreguen esta citaci6n y papeles Jegales para presentar una respuesta por escrito en esta
`corte y hacer que se entregue una copia al demandante. Una carta o una 1/amada telef6nica no lo protegen. Su respuesta por escrito tiene que estar
`en formato legal coffecto si desea que procesen su caso en la carte. Es posible que haya un forrnulario que usted pueda usar para su respuesta.
`Puede encontrar estos forrnularios de la carte y mas informaci6n en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.govJ. en fa
`biblioteca de /eyes de su condado o en la corte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n, pida al secretario de fa carte
`que le de un formu/ario de exenci6n de pago de cuotas. Si no presenta su respuesta.a tiempo, puede perder el caso por irjcumplimiento y /a carte fe
`podra quitar su sue/do, dinero y bienes sin mas advertencia.
`Hay otros requisitos legales. Es recornendable que flame a un abogado inmediatarnente. Si no conoce a un abogado, puede llamar a un servicio de
`remisi6n a abogados. Si no puede pagar a un abogado, es posible que cumpla con /os requisitos para obtener servicios Jegales gratuitos de un
`programa de servicios Jegales sin fines de lucro. Puede encontrar estos grupos sin fines de Jucro en el sitio web de California Legal Services,
`(www.lawhelpcalifornia.org), en el Centro de Ayuda de /as Cortes de California, (www.sucorte.ca.govJ o poniendose en contacto con fa corte o el
`co/egio de abogados locales. AV/SO: Por fey, la carte tiene derecho a reclamar /as cuotas y /os costos exentos por imponer un gravamen sabre
`cua/quier recuperaci6n de $10,000 6 mas de valor recibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil. Tiena que
`pager el gravamen de la carte antes de que la carte pueda desechar el caso.
`
`CASE NUMBER:
`(NumerodelCssoJ: 30-2021-01218365-CU-WT-CJC
`
`Judge Nancy E. Zelt2er
`
`The name and address of the court is:
`(_El nombre ...Y. direcci6n de fa corte es):
`. SUPERiuR. COURT OF CALIFORNIA, COUNTY OF ORANGE
`Central Justice Center
`700 Civic Center Drive West, Santa Ana, CA 92701
`The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
`(El nombreWfa direcci6n y el num.~ro de telefono dff abo11ado def demand~flffl.J o def demandante que no tiene abogado, es):
`Stephen
`. Hogie
`(Bar# 178095) Pau A. Campbell (Bar #209409)
`Ho~ie & Campoell La~ers;,. Inc.
`13 22 Newoort Ave., Suite LO 1, Tustin, CA 92780
`Clerk, by
`DA E:
`(Fecha) 0812 712021 DAVID H. YAMASAKI, Clerk of the Court
`(Secretario)
`(For proof of seNice of this summons, use Proof of Service of Summons (form POS-010).)
`(Para prueba de entrega de esta citati6n use el formufario Proof of Service of Summons, (POS-010)).
`NOTICE TO THE PERSON SERVED: You are served
`1. D
`as an individual defendant.
`2. D
`as the person sued under the fictitious name of (specify):
`
`M ·Jw
`
`Phone No.: (714) 508-6422
`, Deputy
`lo
`(Adjunto)
`'"U
`
`Katie Trent
`
`_ _
`
`3. ~ on behalf of (specify): UnitedHealth Group Incorporated, a Delaware corporation
`D
`under: ~ CCP 416.10 (corporation)
`D
`D
`CCP 416.20 (defunct corporation)
`D CCP 416.40 (association or partnership) D
`~ D
`other (specify):
`)
`\
`"-=-----------'-4.-~_by_persori_al delivery on (date): c:y '3 -ZOZ--1
`Q ~
`SUMMONS
`Form Adopted for Mandatory Use
`\'2> ~
`Judicial Council of California
`SUM-100 [Rev. July 1. 2009JDate Served:
`\ '1..,, ~
`C)
`Lfb<a{~
`
`. / Time Served:
`Server: Cl).5>
`~\
`
`Ex. A - Pg. 6
`
`CCP 416.60 (minor)
`CCP 416.70 (conservatee)
`CCP 416.90 (authorized person)
`
`•
`
`Pa e1 of1
`-Co-deaf Civil Procedure §§"412.20;465- - (cid:173)
`lexisNexis@ Automated California JudiciaiCo~~/Jf'Ji':.J,~v
`
`

`

`Electronically Filed by Superior Court of California, County of Orange, 08/27/2021 05:04:04 PM.
`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 4 of 25 Page ID #:15
`30- □21-01218365-CU-WT-CJC - ROA# 2 - DAVID H. YAMASAKI, Clerk of the Court By Katie Trent, Deput} Clerk.
`
`2
`
`Stephen W. Hogie, SBN 178095
`1 hogie@firedme.com
`Paul A. Campbell, SBN 289409
`·
`pac(tijfiredme.com
`HOGIE & CAMPBELL LA WYERS, INC.
`13522 Newport Avenue, Suite 201
`Tustin, CA 92780
`4 Telephone: (714) 508-6422
`
`3
`
`5 Attorneys for Plaintiff Sharnett Bush
`
`IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`IN AND FOR THE COUNTY OF ORANGE
`Assigned for All Purposes
`Judge Nancy~- Zelt:zer
`
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`SHARNETT BUSH, an individual
`
`Plaintiff,
`
`13
`vs.
`14 UNITEDHEALTH GROUP
`INCORPORATED, a Delaware corporation;
`15 OPTUM SERVICES, INC., a Delaware
`corporation; and DOES 1 - 50
`
`16
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`Defendants.
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`Case No.: 30-2021-01218365-CU-\\fT-CJC
`COMPLAINT FOR:
`
`1) RACE DISCRIMINATION
`[Gov't Code §§12940(a)]
`
`2) DISABILITY DISCRIMINATION
`[Gov't Code §§12940(a) and 129260)];
`3) FAIL URE TO ENGAGE IN THE
`INTERACTIVE PROCESS
`[Gov't Code §12940(n)];
`
`4) FAILURE TO PROVIDE REASONABLE
`ACCOMMODATION.
`[Gov't Code §12940(m)];
`
`5) FAIL URE TO TAKE ALL
`REASONABLE STEPS TO PREVENT
`DISCRIMINATION
`[Gov't Code §12940(k)];
`
`6) CALIFORNIA FAMILY RIGHTS ACT
`("CFRA") VIOLATIONS
`[Gov't Code §§12945.2(a) and (t)]
`
`7) RETALIATION [Gov't Code §§12940(h),
`12945.2(1)]; AND
`
`8) WRONGFUL TERMINATION IN
`VIOLATION OF PUBLIC POLICY
`
`-1-
`
`COMPLAINT
`
`Ex. A - Pg. 7
`
`

`

`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 5 of 25 Page ID #:16
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`1 Plaintiff alleges:
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`GENERAL ALLEGATIONS
`This Court is the proper court and this action is properly filed in the County of ORANGE
`1.
`and in this judicial district because Defendants do business in the County of ORANGE, in the
`city of Mission Viejo, where the incidents alleged occurred, where Plaintiff and Defendant
`entered into their employment contract, and because Defendants' obligations and liability arose
`
`there.
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`9
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`4.
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`Plaintiff, Shamett Bush ("BUSH" or "PLAINTIFF") is a former employee of Defendants
`2.
`and is a resident and citizen of the State of California.
`PLAINTIFF is informed and believes, and alleges, that UNITEDHEAL TH GROUP
`3.
`IN CORPORA TED is a Delaware corporation. PLAINTIFF is informed and believes, and
`alleges, that OPTUM SERVICES, INC. is a Delaware corporation.
`PLAINTIFF is a thirty-nine year old woman of Jamaican descent.
`PLAINTIFF Shamett Bush brings this action against, UNITEDHEAL TH GROUP
`5.
`IN CORPORA TED, a Delaware corporation, referred to as "UNITED HEAL TH"; OPTUM
`SERVICES, INC., a Delaware corporation, referred to as "OPTUM"; and DOES 1-50,
`collectively referred to as "DEFENDANTS," to recover among other things: interest, attorney's
`fees, penalties, costs, expenses, wages, monetary compensation for; disability discrimination;
`failure to enter an interactive process, failure to accommodate, failure to investigate, failure to
`take all reasonable steps to prevent discrimination, terminating PLAINTIFF due to her perceived
`or actual disability; CFRA violations; retaliation; punitive damages as to the FEHA causes of
`action due to oppression and malice as this is not the first occasion of such conduct due to illegal
`policies and procedures.
`At all relevant times alleged, DEFENDANTS employed PLAINTIFF. In perpetrating
`6.
`the acts and omissions alleged herein, DEFENDANTS, and each of them, acted pursuant to and
`in furtherance of a policy and practice of: discrimination in the workplace on the basis of
`26
`27 PLAINTIFF'S perceived or actual disability, failure to enter an interactive process, failure to
`accommodate, failure to investigate, and failure to take all reasonable steps to prevent
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`-2-
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`COMPLAINT
`
`Ex. A - Pg. 8
`
`

`

`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 6 of 25 Page ID #:17
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`discrimination, CFRA violations, and retaliation for opposing discrimination.
`Bush started working for Optum Services on or about September 16, 2019. Bush worked
`7.
`as a supervisor with a salary of about $54,000. Bush's hiring manager was April Andrews
`("Andrews") the regional director, and her supervisor was Laura Ramirez ("Ramirez"). Bush's
`harassers were Andrews, Ramirez, and Dana Donihue ("Donihue").
`Around October 2019, Bush started to realize that the employees she supervised resisted
`8.
`her instructions, however, she was unsure why that was. Bush decided to ask Ramirez what
`exactly her role was and what was expected of her. Bush stated that she wanted to understand the
`culture of the workplace since Bush felt resistance from her peers and Ramirez. Ramirez stated
`that she felt challenged by Bush and that Bush was simply on a trial period. Bush was confused
`and shocked by Ramirez's response and felt that it was unprofessional and did not even address
`her questions. Ramirez then stated that she did not know how to respond to Bush's questions
`because there were no expectations of Bush. Bush did not understand how there could be no
`expectations or duties. Bush wondered how she was supposed to know what to do if even her
`own boss did not know.
`On or around November 5, 2019, Bush called Andrews and expressed her concerns with
`9.
`her. Previously, during her interview, Andrews told Bush to call at any time to share any
`concerns with her. Bush also recalled when Andrews stated that she would be trained at another
`office since UnitedHealth did not believe in subordinates training their supervisors. Andrews
`agreed with Bush that Ramirez needed to communicate with Bush first. Supervisors and
`managing agents were all provided training, except Bush. Bush requested that she receive
`training but Ramirez continued to deny her that. Bush had her subordinates delegate work back
`to her when it was supposed to be the other way around. Bush did not understand why she was
`the supervisor, yet never received the same authority and respect as the other supervisors.
`On or around November 20, 2019, Bush continued to feel resistance from her peers who
`10.
`disregarded her role and instructions. Ramirez promised Bush a meeting to discuss the lack of
`respect, resistance, and the uncomfortable work environment Bush had experienced. On or
`around November 21, 2019, Bush finally received an email from Ramirez that included a list of
`
`-3-
`
`COMPLAINT
`
`Ex. A - Pg. 9
`
`

`

`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 7 of 25 Page ID #:18
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`Bush's job responsibilities, and the training that was to be provided. Bush was relieved that she
`finally received an answer after numerous inquiries. It was around that time Bush noticed that
`she was looked down upon by her peers because she chose not to engage in the office gossip and
`unprofessional behavior. Unfortunately, the resistance from her peers intensified, and Ramirez
`was of no help despite her multiple promises to help.
`On or around November 26, 2019, Bush emailed Andrews that she did not feel genuinely
`11.
`supported by Ramirez. The following day, Andrews and Ramirez held an unexpected meeting
`for Bush and stated contradictory claims. Andrews stated that the training Bush believed she was
`to receive was not going to happen because the workplace was constantly changing. Andrews
`stated that she wanted Bush to give it time, so Bush agreed. Unfortunately, Bush's peers
`continued to argue with her and not follow her instructions, however, they privately
`communicated with Ramirez. At one point, Ramirez was out of the office for the day and the
`front office manager, Marie Fesili, witnessed the treatment Bush endured and personally
`apologized to her for their inappropriate, unprofessional, and disrespectful treatment towards her.
`Bush hoped this incident would incentivize Ramirez to actually help her as she and Andrews had
`promised on multiple occasions to resolve those issues. Bush started to feel the negative effect of
`working in a hostile work environment.
`On or around December 27, 2019, Bush experienced another hostile employee encounter.
`12.
`Bush was spoken to aggressively and she was spoken down to by a subordinate. Bush did not
`know what to do since the subordinates did not comply with her instructions. Bush believed that
`Ramirez secretly communicated with the other employees. Bush did not understand why
`Ramirez portrayed herself one way in her emails, then contradicted herself with her actions.
`Bush was told on different occasions, by her peers, that they will not listen to her, they refused to
`answer her questions, and they treated her different than everyone else. That hostile work
`environment Bush endured started to impact her health a great deal.
`On or around January 17, 2020, Bush was treated poorly, yet again, by her peers. Bush
`13.
`talked with Ramirez and questioned what UnitedHealth's policies were. Ramirez told Bush that
`she could not teach her how to build a relationship with her coworkers. Bush was shocked that
`
`-4-
`
`COMPLAINT
`
`Ex. A - Pg. 10
`
`

`

`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 8 of 25 Page ID #:19
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`she was not willing to help alleviate the hostile work environment. Bush then bravely stated that
`the treatment she endured did not make sense and she felt that she was being discriminated
`against because of her race.
`On or around January 23, 2020, Bush mentioned that she believed she was being
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`discriminated against on the basis of her race. Ramirez and Donihue ignored Bush's complaint
`and acted like it was not a problem. Later on, Bush continued to endure her hostile treatment and
`continued to feel discriminated against. Bush was being targeted and blamed for other
`employees' mistakes. Bush started to feel extremely ill on the job from the stress and anxiety she
`endured because of the hostile work environment and continued discrimination. Bush asked
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`On or around January 27, 2020, Bush went on a short-term disability leave for extreme
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`stress and was diagnosed with chronic migraines. Bush returned from leave on or about February
`10, 2020. After Bush requested disability leave, she was retaliated against and was even told by
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`On or around February 14, 2020, Bush was called into a meeting with Ramirez and
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`1 7 Andrews. In that meeting, Bush was reprimanded and retaliated against. Ramirez and Andrews
`stated that Bush did not give her employees breaks or proper lunches. Bush was shocked at the
`false accusations. Bush informed them both that she tried to establish a schedule multiple times
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`20 but Ramirez never supported her nor did any of the employees comply. Bush knew that Andrews
`and Ramirez stated these false accusations in retaliation to her complaints. Bush felt as if she was
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`leave.
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`On or around February 17, 2020, after Bush had made multiple complaints to Andrews,
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`she asked to speak with her separately because she felt that Ramirez was a part of the problem.
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`26 Bush requested that another manager be present when she spoke with Andrews. Kris Linden
`("Linden"), the other manager, was present when Bush initiated a meeting with Andrews.
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`COMPLAINT
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`Ex. A - Pg. 11
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`

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`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 9 of 25 Page ID #:20
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`1 · kept repeating the same items. Bush asked how she could move forward with managers and
`employees who fabricated the truth. Bush asked for help from Linden, since Ramirez and
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`3 Andrews continued to be of no help. Ramirez continued to exclude Bush from her
`communication and instructions with the staff. When circumstances arose, the staff explained
`that Ramirez instructed them, which negatively contradicted Bush's instructions. Employees
`approached Bush in an aggressive, inappropriate, and unprofessional demeanor. Bush got into
`trouble because emails were not sent to her, information was transferred without her knowledge,
`and communication was absent.
`On or around March 16, 2020, Donihue reprimanded Bush in front of the office staff in
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`an aggressive demeanor. During that time, the COVID-19 lockdown started. During the
`lockdown, Bush notified Ramirez that her son's day care was closed and that he was placed on a
`high-risk list for COVID-19. Andrews and Ramirez started to harass Bush by leaving her
`voicemails and stated that she needed to return to the office despite her son being at high-risk.
`Bush was ordered by Andrews and Ramirez of a requirement to go into work during quarantine.
`Bush was conflicted because of her son's health issues, her own personal health concerns, and
`her son's daycare being closed. Ramirez and Andrews aggressively told Bush that she needed to
`go into work and change the codes or else they would do it for her. Bush had the codes approved
`by UnitedHealth three times, yet Andrews changed it three times to block Bush from getting
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`paid.
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`On or about March 24, 2020, Bush requested to work from home given her health
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`conditions, COVID-19, and that her son was at high-risk. On or around March 31, 2020, Bush
`was informed by Monica Dean ("Dean"), from human resources, that she was approved to work
`from home and would be paid back for the three weeks of confusion. The workload that Ramirez
`and Andrews assigned to Bush increased immensely. Bush informed Ramirez that it was too
`much work and she needed help to be able to complete the deadlines. Bush believed that Optum
`Services tried to give her more work than she was supposed to have to deem her unfit for her
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`position.
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`II I
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`COMPLAINT
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`Ex. A - Pg. 12
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`

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`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 10 of 25 Page ID #:21
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`On or around April 15, 2020, Ramirez presented Donihue with false documentation
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`which stated that Bush was reprimanded for unprofessionalism on multiple occasions. Bush
`spoke out and stated that that never occurred, and she was unaware of any of it. From that
`meeting, Bush realized the harassment, hostile work environment, and discrimination she
`endured severely impacted her health and led to her going on a second disability leave. Bush's
`second disability leave started on April 16, 2020 and ended on July 7, 2020. When Bush returned
`to work on July 7, 2020, she immediately noticed a change in Ramirez's behavior and
`communication. Bush thanked her for communicating more professional and appropriately. Bush
`was relieved because she believed that after all the times she asked for help, she finally received
`it. Around September 2020, Bush unfortunately continued to have health problems.
`On or around September 15, 2020, Bush was instructed by Ramirez to contact human
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`resources directly with her high-risk status. Human resources then placed Bush on a no return-to(cid:173)
`work high-risk status. In the interim, Bush underwent surgeries for her health and recovered
`while she still worked. Due to the high stress and anxiety from her hostile work environment,
`Bush had health issues that she had never experienced before. She had multiple surgeries
`throughout the pandemic and was diagnosed with chronic migraines and headaches by a
`neurologist who stated she was at a high risk for a stroke as her headaches worsened. Bush
`experienced thyroid nodules developing along with GI issue surgeries, a stomach hernia, and
`even abnormal bleeding with surgery for endometriosis that was performed. Bush believes that
`the stress associated with the discrimination worsened these conditions.
`On or around December 8, 2020, Bush was informed that the work she did was very
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`helpful, and Ramirez hoped her health was getting better. Then, Bush was scheduled for a
`meeting with Nathan Dyska ("Dyska"), from operations management. Dyska stated that Bush
`had two weeks to make a decision to return to the office to supervise and no longer work from
`home. Bush knew that she was considered high-risk and could not afford to jeopardize her health
`by being in the office. Dyska offered two other options for Bush: 1. Find another job within the
`company within thirty days or; 2. Quit. Bush was shocked that her request for accommodation of
`her disability was being treated so carelessly.
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`COMPLAINT
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`Ex. A - Pg. 13
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`

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`Case 8:21-cv-01614 Document 1-2 Filed 09/30/21 Page 11 of 25 Page ID #:22
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`On or around December 12, 2020, Bush's physician filled out a UnitedHealth Group
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`form for medical accommodations. She then received an email that denied her accommodation.
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`3 Bush was asked if she would return in office by January 4, 2021.
`On or around January 4, 2021, Bush continued to work from home because she was high-
`24.
`risk and needed to try and figure out a daycare situation for her son. Bush then received a
`demand letter that stated she needed to return to work by January 25, 2021. Bush was confused
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`7 why her accommodation was denied when she had worked from home and even was informed
`she was helpful multiple times. Bush was also told that she needed to contact Sedgwick by the
`end of business day on January 22, 2021 or they would conclude that she voluntarily resigned.
`On or around January 19, 2021, Bush received an email from Ramirez that stated she
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`could no longer utilize the health and safety code but had to use paid time off. Bush then
`requested paid time off from January 25, 2021 to February 1, 2021. Bush was shocked at Optum
`Services unprofessionalism and discrimination against her on the basis of her disability.
`On or around January 20, 2021 Bush responded to their demand letter from the 15th that
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`she did not want to resign and wanted to continue to work. Bush requested more time to
`transition safely due to her being high-risk. Ramirez emailed Bush and asked for her to return to
`the office the 1st of February 2021. Bush knew her health would have been compromised if she
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`18 went back so she pleaded to work from home. Bush then utilized the last of her paid time off
`through the February 17, 2021, however, she was expected to return February 18, 2021. Bush
`informed Ramirez that her physician's accommodation request for her medical conditions was
`denied but she was still at high-risk.
`On or around February 19, 2021, Bush emailed a doctor's note attached with a message
`27.
`that requested an accommodation to work from home for her disability or to extend her leave.
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`24 Ramirez replied with the same response, that her accommodation was denied, and she had to
`return by February 22, 2021 or it was considered a voluntary resignation. Bush knew she could
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`26 not work at her office as it would be dangerous to her health. Bush received an email from
`27 Ramirez on February 22, 2021, that she did not return to work and they took it as a voluntary
`resignation. Bush responds the following day and stated that it was not a voluntary resignation
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