Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 1 of 11
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF COLUMBIA
`(Civil Division)
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`JABARI BRUTON-BARRETT
`1305 Maple View Pl., S.E.,
`Washington, DC 20020
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`Plaintiff,
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`v.
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`GILEAD SCIENCES, INC.,
`300 New Jersey Ave., N.W.,
`Washington, D.C. 20001
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`Serve: Registered Agent:
`Morgan, Lewis & Bockius LLP
`1111 Pennsylvania Avenue NW
`Washington, DC 20004
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`Defendant.
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`Civil Action No.--
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`Jury Requested
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`COMES NOW Plaintiff, Jabari Bruton-Barrett., hereinafter (“Plaintiff”), by and
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`through his undersigned counsel, and sues Gilead Sciences (“Gilead” or “Defendant”), and
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`for hi s cause of action states the following:
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`INTRODUCTION
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`1.
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`This is an action authorized and instituted pursuant to D.C. Human Rights Act of
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`1977, D.C. Code § 2-1403.16 and the 42 U.S.C § 1981, for the Defendant’s unlawful race (African
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`American) and gender (sexual orientation) discrimination against the Plaintiff.
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`2.
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`Since approximately 2013, Plaintiff worked for Defendant as a Community
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF COLUMBIA
`(Civil Division)
`
`JABARI BRUTON-BARRETT
`1305 Maple View Pl., S.E.,
`Washington, DC 20020
`
`
`Plaintiff,
`
`v.
`
`GILEAD SCIENCES, INC.,
`300 New Jersey Ave., N.W.,
`Washington, D.C. 20001
`
`
`
`
`Serve: Registered Agent:
`Morgan, Lewis & Bockius LLP
`1111 Pennsylvania Avenue NW
`Washington, DC 20004
`
`Defendant.
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`_)
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`Civil Action No.--
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`Jury Requested
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`COMES NOW Plaintiff, Jabari Bruton-Barrett., hereinafter (“Plaintiff”), by and
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`through his undersigned counsel, and sues Gilead Sciences (“Gilead” or “Defendant”), and
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`for hi s cause of action states the following:
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`INTRODUCTION
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`1.
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`This is an action authorized and instituted pursuant to D.C. Human Rights Act of
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`1977, D.C. Code § 2-1403.16 and the 42 U.S.C § 1981, for the Defendant’s unlawful race (African
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`American) and gender (sexual orientation) discrimination against the Plaintiff.
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`2.
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`Since approximately 2013, Plaintiff worked for Defendant as a Community
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 2 of 11
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`Liaison in the Commercial Division.
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`3.
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`Since approximately 2019, Defendant has subjected Plaintiff to disparate
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`treatment regarding terms, conditions, and privileges of employment with Defendant based on
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`Plaintiff’s race (African-American) and sexual orientation.
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`JURISDICTION AND VENUE
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`4.
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`This Court has jurisdiction over this Complaint pursuant to 42 U.S.C. § 1983,
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`D.C. Code § 2-1403.04 and 42 U.S.C. § 2000e and 42 U.S.C § 1981. Venue is appropriate and
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`based on the fact that all of the actions complained herein took place within the District of
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`Columbia, and are the result of actions Defendant, a private entity that operates a business and
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`conducts business within the District of Columbia.
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`PARTIES
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`Plaintiff is a resident of the District of Columbia.
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`Plaintiff is African American and he is openly gay.
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`At the time of the actions complained of herein, Plaintiff was employed by
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`5.
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`6.
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`7.
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`Defendant.
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`8.
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`Plaintiff is currently domiciled at 1305 Maple View Pl., S.E., Washington, D.C.
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`20020.
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`9.
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`The Defendant, Gilead Sciences, is a private company with an office located in
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`the District of Columbia and doing business within the District of Columbia.
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`10.
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`On or around December 13, 2013, Defendant hired Plaintiff as a Community
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`FACTS
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`Liaison in the Commercial Division.
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 3 of 11
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`11.
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`In or around June 2018, Plaintiff expressed interest in applying for a newly created
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`position with Defendant as Director of Corporate Contributions that had not yet been posted for
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`applications.
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`12.
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`Plaintiff was highly qualified for this position as he had been working for
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`Defendant for approximately six (6) years.
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`13.
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`In or around January 2019, Plaintiff learned that selecting official Patrick
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`McGovern (White) selected another individual (Asian; Heterosexual) for the position without
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`posting the position for others to apply.
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`14.
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`On or around January 29, 2019, Plaintiff sent an email to Defendant’s Human
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`Resources Group, complaining that he was not selected for the position because of his race
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`because of his race.
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`15.
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`Plaintiff later learned that he was not selected due to the fact that the former Vice
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`President of Government Affairs, Patrick McGovern (“Mr. McGovern”), made a derogatory
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`statement about race while discussing and considering the candidate for the Director of Corporate
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`Contributions position for which Plaintiff applied.
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`16.
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`On or around March 25, 2019, Defendant concluded an internal investigation into
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`Mr. McGovern’s discriminatory practices.
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`17.
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`On or around March 28, 2019, Plaintiff learned from his supervisor that Mr.
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`McGovern stated that he believed Plaintiff was “too gay” and an “embarrassment”, and that he
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`wanted a “non-black non-gay” person for the role in question
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`18.
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`This was the first time Plaintiff learned that the real reason he was not selected for
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`the promotion was due to his sexual preference and his race, and not in any way related to his
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 4 of 11
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`qualifications.
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`19.
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`The person selected for the position was of a different race (Asian) and a different
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`sexual orientation (heterosexual) than Plaintiff.
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`20.
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`Plaintiff was highly qualified for the position, yet was not provided the
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`opportunity to apply for, or be considered for the promotion.
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`21.
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`Despite being qualified for the position, Plaintiff was unfairly denied the
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`promotion due to his race and sexual orientation.
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`22.
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`As a result of this non-selection, Defendant discriminated against Plaintiff with
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`respect to his compensation, terms, conditions, and privileges of employment.
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`23.
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`This non-selection limited Plaintiff in a way which deprived him of employment
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`opportunities and income for which he was highly qualified.
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`24.
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`This non-selection was based solely on his protected classes as opposed to his
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`qualifications for the position.
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`25.
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`Plaintiff was better qualified for the position than the selectee was.
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`26.
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`On or around February 20, 2020, Plaintiff submitted a Charge of Discrimination
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`with the D.C. Office of Human Rights alleging race and sexual preference discrimination.
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`27.
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`Upon receipt of the initial complaint, the Office of Human Rights interviewed
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`Plaintiff to determine the relevant facts and dates for his Charge of discrimination. A formal
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`Charge was then drafted based on the interview.
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`28.
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`On or around August 5, 2020, the Office of Human Rights issued a notice, stating
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`the parties must attend mandatory mediation on September 24, 2020.
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`29.
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`On or around September 4, 2020, Defendant filed a motion to dismiss the Charge
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 5 of 11
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`of Discrimination on the basis that the Charge was untimely.
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`30.
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`A private cause of action pursuant to DC Code § 2-1403.16(a) must be filed within
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`one year of the unlawful discriminatory act. The limitations period runs from the occurrence of
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`the unlawful discriminatory act or the discovery thereof. Plaintiff’s race discrimination claim
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`under 42 U.S.C Section 1981 is also timely filed.
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`COUNT ONE
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`(VIOLATION OF D.C. HUMAN RIGHTS ACT – D.C. CODE § 2-
`1402.11)(RACE AND SEXUAL ORIENTATION DISCRIMINATION)
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`31. Plaintiff re-alleges and incorporates by reference each and every allegation in
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`paragraphs 1 to 18 above, as if fully set forth herein.
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`32. D.C. Code § 2-1402.11 prohibits discrimination on the basis of race or sexual
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`orientation in the form of failing or refusing to hire, or otherwise discriminating against any
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`individual, with respect to his or her compensation, terms, conditions, or privileges of employment,
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`including promotion.
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`33. Plaintiff works for Defendant and is a member of a class protected under by virtue of
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`his race (Black) and sexual orientation (gay). D.C. Code § 2-1402.11(a).
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`34. As an entity formed and doing business within the jurisdiction of the District of
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`Columbia, Defendant must abide by D.C. Code § 2-1402.11.
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`35. Other employees of Defendant and who are individuals who are not Black or gay are
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`treated more favorably than Plaintiff by: receiving a promotion to a position for which Plaintiff is
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`highly qualified but was not allowed to apply to due to lack of posting or advertising on part of
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`Defendant.
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`36. The individual selected for the position was of a different race (Asian) and a different
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`5
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 6 of 11
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`sexual orientation (Heterosexual) than Plaintiff.
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`37. Plaintiff learned that the reason he was not allowed to apply for the position and
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`summarily denied the promotion was not because of his qualifications, but because Defendant
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`wanted to promote a “non-black and non-gay” individual to the position in question.
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`38. Plaintiff further learned that Defendant was aware of his sexual orientation when the
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`Vice President referred to Plaintiff as “too gay” and an “embarrassment.”
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`39. Defendant was also aware of Plaintiff’s race from the number of years Plaintiff worked
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`for Defendant.
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`40. The Defendant has refused to allow Plaintiff to apply for this position, despite being
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`prohibited from refusing to hire or promote employees based on their race and sexual orientation.
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`41. The foregoing actions by Defendant constitute discrimination on the basis of race and
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`sexual orientation, which have infringed u p on Plaintiff’s right to enjoy the terms, conditions, and
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`privileges of employment and be provided the opportunity for advancement in his career, in
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`violation of D.C. Code § 2-1402.11.
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`42. As a result of Defendant’s conduct alleged in this Complaint, Plaintiff has suffered
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`and continues to suffer harm, including, but not limited to, lost earnings and other financial
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`losses, embarrassment, humiliation and other forms of pain and suffering that is on-going, and
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`permanent in nature without Plaintiff in anyway contributing thereto.
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`43. Defendant Gilead is responsible for the acts and omissions of its employees for actions
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`taken in the scope of and in the course of their employment.
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 7 of 11
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`COUNT TWO
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`(VIOLATION OF 42 U.S.C. § 2000e-2-RACE DISCRIMINATION)
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`44. Plaintiff re-alleges and incorporates by reference each and every allegation in
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`paragraphs 1 to 18 above, as if fully set forth herein.
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`45. 42 U.S.C. § 2000e-2 makes it unlawful for an employer to fail or refuse to hire, or
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`otherwise to discriminate against any individual with respect to his compensation, terms,
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`conditions, or privileges of employment on the basis of such individual’s race.
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`46. Plaintiff works for Defendant and is a member of a class protected under by virtue of
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`his race (Black). 42 U.S.C. § 2000e-2.
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`47. As an entity formed and doing business within the jurisdiction of the United States,
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`Defendant must abide by 42 U.S.C. § 2000e-2.
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`48. Other employees of Defendant and who are individuals who are not Black are treated
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`more favorably than Plaintiff by: receiving a promotion to a position for which Plaintiff is highly
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`qualified but was now allowed to apply to due to lack of posting or advertising on part of Defendant.
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`49. The individual selected for the position was of a different race (Asian) and a different
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`sexual orientation (Heterosexual) than Plaintiff.
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`50. Plaintiff learned that the reason he was not allowed to apply for the position and
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`summarily denied the promotion was not because of his qualifications, but because Defendant
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`wanted to promote a “non-black and non-gay” individual to the position in question.
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`51. The Defendant has refused to allow Plaintiff to apply for this position, despite being
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`prohibited from refusing to hire or promote employees based on their race and sexual orientation.
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`52. The foregoing actions by Defendant constitute discrimination on the basis of race,
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 8 of 11
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`which have infringed u p on Plaintiff’s right to enjoy the terms, conditions, and privileges of
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`employment and be provided the opportunity for advancement in his career, in violation 42 U.S.C.
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`§ 2000e-2.
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`53.
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`As a result of Defendant’s conduct alleged in this Complaint, Plaintiff has suffered
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` and continues to suffer harm, including, but not limited to, lost earnings and other financial
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`losses, embarrassment, humiliation and other forms of pain and suffering that is on-going, and
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`permanent in nature without Plaintiff in anyway contributing thereto.
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`54. Defendant Gilead is responsible for the acts and omissions of its employees for actions
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`taken in the scope of and in the course of their employment.
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`COUNT THREE
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`(VIOLATION OF 42 U.S.C. § 1981-RACE DISCRIMINATION)
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`55. Plaintiff re-alleges and incorporates by reference each and every allegation in
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`paragraphs 1 to 18 above, as if fully set forth herein.
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`56. 42 U.S.C. § 1981 provides equal rights under the law, specifically that all persons
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`within the jurisdiction of the United States shall have the same right in every State and Territory
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`to make an enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of
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`all laws and proceedings for the security of persons and property as is enjoyed by white citizens.
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`57. Pursuant to 42 U.S.C. § 1981(b), “make and enforce contract” includes the making,
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`performance, modification, and termination of contracts, and the enjoyment of all benefits,
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`privileges, terms, and conditions of the contractual relationship.
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`58. Plaintiff is a member of a racial minority (black) who works for Defendant and is
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`entitled to equal rights under the law pursuant to 42 U.S.C. § 1981.
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 9 of 11
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`59. As an entity formed and doing business within the jurisdiction of the United States,
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`Defendant must abide by 42 U.S.C. § 1981.
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`60. Other employees of Defendant and who are individuals who are not Black are treated
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`more favorably than Plaintiff by: receiving a promotion to a position for which Plaintiff is highly
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`qualified but was not allowed to apply to due to lack of posting or advertising on part of Defendant.
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`61. The individual selected for the position was of a different race (Asian) than Plaintiff.
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`62. Plaintiff learned that the reason he was not allowed to apply for the position and
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`summarily denied the promotion was not because of his qualifications, but because Defendant
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`wanted to promote a “non-black” individual to the position in question.
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`63. The Defendant has refused to allow Plaintiff to apply for this position, despite being
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`prohibited from refusing to hire or promote employees based on their race.
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`64. The foregoing actions by Defendant constitute discrimination on the basis of race,
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`which have infringed u p on Plaintiff’s right to make and enforce contracts, as well as his right to
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`the full and equal benefit of all laws and proceedings for the security of persons and property, in
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`violation 42 U.S.C. § 1981.
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`65. As a result of Defendant’s conduct alleged in this Complaint, Plaintiff has suffered
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`and continues to suffer harm, including, but not limited to, lost earnings and other financial
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`losses, embarrassment, humiliation and other forms of pain and suffering that is on-going, and
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`permanent in nature without Plaintiff in anyway contributing thereto.
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`66. Defendant Gilead is responsible for the acts and omissions of its employees for actions
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`taken in the scope of and in the course of their employment.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff, Jabari Bruton-Barrett, respectfully prays that this
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 10 of 11
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`Honorable Court grant it the following relief:
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`a.) Enter a declaratory judgment finding that the foregoing actions of Defendant violated
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`D.C. Code § 2-1402.11 and to 42 U.S.C. § 1983, D.C. Code § 2-1403.04 and 42 U.S.C.
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`§ 2000e and 42 U.S.C § 1981.
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`b.) Enter a permanent injunction directing Defendant to take all affirmative steps necessary
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`to remedy the effects of the illegal, discriminatory conduct described herein and to
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`prevent similar occurrences in the future;
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`c.) Order the Defendant institute a policy and procedure to be implemented against
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`discrimination;
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`d.) Award compensatory damages in a proven and determined amount to compensate
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`Plaintiff for the economic loss, physical and psychological injury, humiliation,
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`embarrassment, and mental and emotional distress caused by the conduct of Defendant
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`alleged herein;
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`e.) Award reasonable attorney fees, costs, and expenses incurred for this action;
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`f.) Award equitable, declaratory, and injunctive relief;
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`g) Pre and post judgment interest;
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`g.) Award Plaintiff punitive damages; and
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`h.) Order such other and further relief as this Honorable Court deems just and proper.
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`Case 1:21-cv-01860 Document 1 Filed 07/12/21 Page 11 of 11
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`Equitable Relief
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`a.) Plaintiff hereby incorporates, by reference hereto, the facts, law, and/or allegations
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`contained within the preceding paragraphs, as fully set forth herein.
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`b.) Plaintiff requests all equitable relief which can be afforded it under the law because the
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`continued actions of the employees of Defendant responsible for the actions alleged herein,
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`represents a clear and present danger to Plaintiff’s interests which could result in further
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`illegal actions on the party of Defendant, by and through its agents, servants, and employees.
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`JURY DEMAND
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`Plaintiff demands a trial by jury of all issues in this case so triable.
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`Dated: July 12, 2021
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`Respectfully submitted,
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`/s/ Donna Williams Rucker
`Donna Williams Rucker
`( D . C . B a r N o . 4 4 6 7 1 3 )
`Deputy Managing Partner
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`TULLY RINCKEY PLLC
`2001 L Street NW, Suite 902
`Washington, DC 20036
`Phone: (202) 787-1900
`Fax: (202) 640-2059
`drucker@fedattorney.com
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`A t t o r n e y f o r P l a i n t i f f
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