Case 2:21-cv-02525-TC-TJJ Document 1 Filed 11/10/21 Page 1 of 7
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`DENISE WILDERSON,
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`Plaintiff,
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`v.
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`UNIVERSITY OF KANSAS
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`HOSPITAL AUTHORITY d/b/a
`THE UNIVERSITY OF KANSAS
`HEALTH SYSTEM,
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`Defendant.
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`Case No.:
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`JURY TRIAL DEMANDED
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`ATTORNEY LIEN ASSERTED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
`AT KANSAS CITY, KANSAS
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`COMPLAINT
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`COMES NOW Plaintiff Denise Wilderson, and for her Complaint against Defendant
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`University of Kansas Hospital Authority d/b/a The University of Kansas Health System
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`(“KUHA”) alleges and states as follows:
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`1. This action seeks redress against Defendants for violation of the Age Discrimination in
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`Employment Act of 1967, as amended, 29 U.S.C. §§ 621, et seq. (the “ADEA) to correct
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`and deter unlawful employment practices based on age discrimination, retaliation and
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`unlawful discharge, and to make Plaintiff whole.
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`Parties and Jurisdiction
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`2. Plaintiff is a citizen of the United States, residing in Kansas City, Clay County, Missouri,
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`and at all times pertinent to the Complaint, was an employee of KUHA over the age of
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`forty (40) years.
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`DENISE WILDERSON,
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`Plaintiff,
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`UNIVERSITY OF KANSAS
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`HOSPITAL AUTHORITY d/b/a
`THE UNIVERSITY OF KANSAS
`HEALTH SYSTEM,
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`Defendant.
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`Case No.:
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`JURY TRIAL DEMANDED
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`ATTORNEY LIEN ASSERTED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
`AT KANSAS CITY, KANSAS
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`COMPLAINT
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`COMES NOW Plaintiff Denise Wilderson, and for her Complaint against Defendant
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`University of Kansas Hospital Authority d/b/a The University of Kansas Health System
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`(“KUHA”) alleges and states as follows:
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`1. This action seeks redress against Defendants for violation of the Age Discrimination in
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`Employment Act of 1967, as amended, 29 U.S.C. §§ 621, et seq. (the “ADEA) to correct
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`and deter unlawful employment practices based on age discrimination, retaliation and
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`unlawful discharge, and to make Plaintiff whole.
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`Parties and Jurisdiction
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`2. Plaintiff is a citizen of the United States, residing in Kansas City, Clay County, Missouri,
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`and at all times pertinent to the Complaint, was an employee of KUHA over the age of
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`forty (40) years.
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`Case 2:21-cv-02525-TC-TJJ Document 1 Filed 11/10/21 Page 2 of 7
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`3. This Court has primary jurisdiction over claims arising under the ADEA, pursuant to 28
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`U.S.C. § 1331 in that the claim is brought pursuant to federal law.
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`4. Venue is proper in this district under 28 U.S.C. § 1391 in that Defendants are located within
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`this District and the acts complained of took place within this District.
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`5. During the relevant period, the KUHA has employed more than twenty people and is
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`therefore an “employer” under 29 U.S.C. § 630(b).
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`6. Defendant KUHA is and was at all relevant times a body politic and corporation created
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`pursuant to Kansas statute and an independent instrumentality of the state of Kansas with
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`the power to sue and be sued in its own name., and at all times pertinent to this Complaint
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`employed Plaintiff Denise Wilderson.
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`7. KUHA conducts substantial and continuous business in the State of Kansas.
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`8. Defendant KUHA can be served through its Chief Executive Officer, located at 3901
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`Rainbow Blvd, Kansas City, Kansas 66160.
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`9. All of the unlawful acts and practices were committed within Johnson and Wyandotte
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`Counties within the State of Kansas.
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`Administrative and Procedural Posture
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`10. On or about December 16, 2020, Plaintiff dually filed a timely Charge of Discrimination
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`against KUHA with the Equal Employment Opportunity Commission (“EEOC”) and the
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`Kansas Human Rights Commission (“KHRC”) on the basis of age discrimination and on
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`the basis of retaliation (attached hereto as Exhibit A and incorporated herein by reference).
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`11. On or about August 12, 2021, the EEOC issued Plaintiff a Notice of Right to Sue (attached
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`hereto as Exhibit B and incorporated herein by reference).
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`Case 2:21-cv-02525-TC-TJJ Document 1 Filed 11/10/21 Page 3 of 7
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`12. The aforementioned Charge of Discrimination provided the EEOC/KHRC sufficient
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`opportunity to investigate the full scope of the controversy between the parties and,
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`accordingly, the sweep of this judicial complaint may be and is as broad as the scope of the
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`EEOC investigation, which could reasonably be expected to have grown out of the Charge
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`of Discrimination.
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`13. Plaintiff has satisfied all private, administrative, and judicial prerequisites to the institution
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`of this action.
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`General Allegations Common to All Counts
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`14. Upon information and belief, for a period of at least a decade prior to the events described
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`herein, Defendant knew of and participated in age discrimination against its employees in
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`the workplace – including a formal determination of the same by the Equal Employment
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`Opportunity Commission on July 12, 2019.
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`15. Upon information and belief, the Defendant engaged in a pattern and practice of age
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`discrimination, and allowed age discrimination of its employees to occur.
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`16. At all times pertinent to this Complaint, Defendant was responsible for establishing policies
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`and procedures and training its employees and supervisors concerning discrimination.
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`17. At all times pertinent to this Complaint, Defendant was responsible for receiving,
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`investigating, and responding to complaints of discrimination.
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`18. Upon information and belief, the Defendant has a pattern of condoning
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`unlawful employment practices
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`including discriminatory actions committed by
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`supervisors, co-worker, and/or customers in violation of the ADEA.
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`19. Plaintiff was an employee of Defendant until her employment was initially terminated on
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`or about July 13, 2020.
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`Case 2:21-cv-02525-TC-TJJ Document 1 Filed 11/10/21 Page 4 of 7
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`20. Plaintiff’s title as an employee of Defendant was Ambulatory RN Care Coordinator.
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`21. Plaintiff was an employee of Defendant as a nurse for over twenty-one (21) years.
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`22. In or about August 2019, Plaintiff was informed that she had “topped-out” in salary
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`eligibility – a message that was provided by Defendant shortly after Plaintiff’s fiftieth (50th)
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`birthday.
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`23. Shortly thereafter, Defendant began issuing Plaintiff formal disciplinary warnings and/or
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`notice of alleged violations of company policy.
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`24. The alleged violations of company policy contained allegations of conduct actively being
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`undertaken by younger employees of KUHA.
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`25. Upon information and belief, the younger employees of KUHA were not disciplined for
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`the same alleged conduct of Plaintiff.
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`26. The unfair and targeted disciplinary actions directed to Plaintiff resulted in termination of
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`her employment on or about July 13, 2020.
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`27. Plaintiff engaged with KUHA in good faith through its grievance procedure following her
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`notice of termination, as outlined within KUHA policies and procedures.
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`28. Despite ample information presented to confirm that the termination of Plaintiff was unjust
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`and unlawful, Defendant upheld the decision to terminate Plaintiff’s employment on
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`September 3, 2020.
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`29. Upon information and belief, a motivating factor in the termination of Plaintiff’s
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`employment was Plaintiff’s age.
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`30. Upon information and belief, the decision to finalize termination of Plaintiff’s employment
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`was in retaliation for her decision to complain of age discrimination and the resulting
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`workplace hostility to KUHA management.
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`Case 2:21-cv-02525-TC-TJJ Document 1 Filed 11/10/21 Page 5 of 7
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`COUNT I – AGE DISCRIMINATION
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`31. Plaintiff hereby re-alleges and incorporates by reference the allegations contained in the
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`above-stated paragraphs.
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`32. Plaintiff is a member of a protected class in that she is over age forty and suffered age
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`discrimination by Defendant.
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`33. Defendants discriminated against Plaintiff based on her age in direct violation of the
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`ADEA, 29 U.S.C. §§ 621, et seq.
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`34. Defendant’s termination of Plaintiff was a materially adverse employment action.
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`35. Plaintiff’s age was a motivating factor in Defendant’s decision to terminate Plaintiff’s
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`employment.
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`36. As a direct and proximate cause of Defendant’s actions and/or omissions, Plaintiff has been
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`deprived of income, as well as other monetary and non-monetary benefits.
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`37. As a direct and proximate result of Defendant’s actions and/or omissions, Plaintiff has
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`suffered a loss of self-esteem, humiliation, emotional distress, mental anguish and pain,
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`and related compensatory damages.
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`38. By failing to take prompt and effective remedial action, Defendant in effect condoned,
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`ratified, and/or authorized the discrimination against Plaintiff.
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`39. As shown by the foregoing, Defendant’s conduct was willful, wanton, and malicious, and
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`showed complete indifference to or conscious disregard for the rights of others, including
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`the rights of Plaintiff, thus justifying an award of punitive damages in an amount sufficient
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`to punish Defendant or deter it and other companies from such conduct in the future.
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`WHEREFORE, Plaintiff requests that the Court enter judgment in her favor and against the
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`Defendant for the economic damages, including but not limited to: back pay, lost benefits, and
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`Case 2:21-cv-02525-TC-TJJ Document 1 Filed 11/10/21 Page 6 of 7
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`front pay, injunctive relief, compensatory damages, punitive damages, for reasonable attorney’s
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`fees and costs incurred herein, for pre- and post-judgment interest as allowed by law, and for such
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`other and further legal and equitable relief as this Court may deem just and proper.
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`COUNT II – RETALIATION
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`40. Plaintiff hereby re-alleges and incorporates by reference the allegations contained in the
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`above-stated paragraphs.
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`41. Plaintiff is a member of a protected class because of her age.
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`42. Plaintiff complained of and opposed discriminatory treatment when she was terminated
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`from her employment with Defendant.
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`43. Plaintiff engaged in a protected activity by complaining to Defendant.
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`44. Plaintiff was terminated in retaliation for exercising her right to puruse a complaint about
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`age discrimination.
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`45. Reasons advanced by Defendant as legitimate and non-discriminatory justification of its
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`decision to terminate her employment were false and pretextual.
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`46. As a direct and proximate result of the Defendant’s actions and/or omissions, Plaintiff has
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`been deprived of income, as well as other monetary and non-monetary benefits.
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`47. As a further direct and proximate result of Defendant’s actions and/or omissions, Plaintiff
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`has suffered a loss of self-esteem, humiliation, emotional distress and mental anguish and
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`pain, and related compensatory damages.
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`48. By failing to take prompt and effective remedial action, Defendant, in effect condoned,
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`ratified and/or authorized the discrimination against Plaintiff.
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`49. As shown by the foregoing, Defendant’s conduct was willful, wanton, and malicious, and
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`showed complete indifference to or conscious disregard for the rights of others, including
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`Case 2:21-cv-02525-TC-TJJ Document 1 Filed 11/10/21 Page 7 of 7
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`Plaintiff, thus justifying an award of punitive damages in an amount sufficient to punish
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`Defendant or deter it and other companies from such conduct in the future.
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`WHEREFORE, Plaintiff requests that the Court enter judgment in her favor and against the
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`Defendant for economic damages, including, but not limited to: back pay, lost benefits, and front
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`pay, injunctive relief, compensatory damages, punitive damages, for reasonable attorney’s fees
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`and costs incurred herein, for pre- and post-judgment interest as allowed by law, and for such other
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`and further legal and equitable relief as this Court may deem just and proper.
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`Demand for Jury Trial and Designation of Place of Trial
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`Plaintiff requests a trial by jury in Kansas City, Kansas, on all counts and allegations of
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`wrongful conduct alleged in this Complaint.
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`Respectfully submitted,
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`SCHMITT LAW FIRM, LLC
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`/s/ Nickolas C. Templin
`Ben T. Schmitt
`KS #14124
`Nickolas C. Templin KS #25986
`2600 Grand Blvd., Ste. 380
`Kansas City, Missouri 64108
`Phone 816-400-1000
`Fax
`816-389-4015
`ben@kansascitylawyers.com
`nick@kansascitylawyers.com
`ATTORNEYS FOR PLAINTIFF
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