Case 1:20-cv-01142-SMV-JFR Document 1 Filed 11/04/20 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW MEXICO
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`SHERYL LARUE
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`vs.
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`UNITED STATES DEPARTMENT OF
`AGRICULTURE, SONNY PERDUE,
`Secretary of the United States Department of
`Agriculture, FARM SERVICE AGENCY, an agency of
`the United States Department of Agriculture, and
`RICHARD FORDYCE, Administrator of the Farm
`Service Agency,
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`Plaintiff,
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`No.
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`Defendants.
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`COMPLAINT FOR WRONGFUL TERMINATION AND DISCRIMINATION IN
`VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AND THE AGE
`DISCRIMINATION IN EMPLOYMENT ACT ("ADEA")
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`COMES NOW, Plaintiff Sheryl LaRue, by and through her counsel, Jones Law Firm, LLC
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`(Alexandra W. Jones), and for her Complaint for Wrongful Termination in Violation of Title VII
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`of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act ("ADEA") against
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`the U.S. Department of Agriculture ("USDA"), Sonny Perdue as Secretary of USDA, the Farm
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`Service Agency ("FSA"), and Richard Fordyce as Administrator of the FSA, alleges as follows:
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`PARTIES
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`1. Plaintiff Sheryl LaRue is a 59-year-old, white, Caucasian female and resident of Española,
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`New Mexico who worked for the FSA for over 18 years before she was wrongfully discriminated
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`against and terminated in December of 2018.
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`

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`Case 1:20-cv-01142-SMV-JFR Document 1 Filed 11/04/20 Page 2 of 6
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`2. Defendant USDA is an executive department of the U.S. Government, and Sonny Perdue
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`is the Secretary of the USDA.
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`3. Defendant FSA is an agency of the USDA, and Richard Fordyce is Administrator of the
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`FSA.
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`4. Defendants are vicariously liable for the wrongful actions described herein.
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`JURISDICTION AND VENUE
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`5. Ms. LaRue was working within the District of New Mexico for the FSA at all times
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`material to this complaint.
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`6. Defendants are sued for violations of Title VII of the Civil Rights Act of 1964, 42 USC §
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`2000e-16 and the Age Discrimination in Employment Act, 29 USC § 621, et. seq., all of which
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`occurred within the District of New Mexico.
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`7. Ms. LaRue timely filed a formal EEO complaint through the USDA Civil Rights Division.
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`8. Ms. LaRue received the Agency’s Final Decision on August 10, 2020, and has therefore
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`exhausted her administrative remedies pursuant to 29 CFR § 1614.407.
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`GENERAL ALLEGATIONS
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`9. Ms. LaRue was employed as the County Executive Director with the FSA for Rio Arriba
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`County.
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`10. In over 18 years with the FSA, Ms. LaRue never had any poor performance review or
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`disciplinary action taken against her until she was terminated in December 2018.
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`11. In 2015, Brendan Terrazas, a young, Hispanic male in his thirties, was hired as the District
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`Director, thereby becoming Ms. LaRue’s supervisor.
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`2
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`Case 1:20-cv-01142-SMV-JFR Document 1 Filed 11/04/20 Page 3 of 6
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`12. Upon his hire, Mr. Terrazas immediately began harassing Ms. LaRue about her age and
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`encouraging Ms. LaRue to retire.
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`13. Mr. Terrazas frequently demonstrated preferential treatment towards younger, none-white
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`Hispanic employees over the course of the following years.
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`14. Upon information and belief, Mr. Terrazas made various disparaging and untrue statements
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`to representatives of the FSA State Office in an attempt to have Ms. LaRue terminated.
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`15. In October of 2018, Ms. LaRue received a notice of proposed termination for allegedly
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`failing to follow instructions issued to her by the State Office in correspondence of May 2018.
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`16. Ms. LaRue did not fail to follow any instructions; to the contrary, she did exactly what
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`was asked of her pursuant to the instructions by the State Office and Mr. Terrazas, as well as the
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`FSA Policies and Handbooks.
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`17. The State Office’s employees, including Mr. Terrazas, ignored FSA’s policies regarding
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`progressive discipline, and terminated Ms. LaRue on December 13, 2018 for the same alleged
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`reasons outlined in the notice of proposed action.
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`18. The reasons provided for her termination were untrue, contrary to established FSA
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`policies and procedures, and clearly pretextual.
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`19. Ms. LaRue’s position was later filled by a non-white, Hispanic woman in her thirties.
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`COUNT I: DISCRIMINATION BASED ON AGE
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`20. Ms. LaRue incorporates the foregoing allegations as though fully restated herein.
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`21. Ms. LaRue was over the age of 40 when she was harassed and terminated as a result of
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`her age.
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`3
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`22. Ms. LaRue was well-qualified for the position which she held as County Executive
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`Director.
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`23. Ms. LaRue’s position was filled by a younger female in her thirties.
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`24. As a result of the discriminatory actions of Defendants and their employees, Ms. LaRue
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`has suffered damages in an amount to be proven at trial.
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`COUNT II: REVERSE DISCRIMINATION BASED ON RACE AND COLOR
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`25. Ms. LaRue incorporates the foregoing allegations as though fully restated herein.
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`26. The atmosphere and instances of employment terminations over the past five years by the
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`FSA in New Mexico was such that the majority white individuals were treated disparately
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`compared to other employed minority individuals
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`27. Ms. LaRue was well-qualified for her position which she held as County Executive
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`Director.
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`28. Nevertheless, Ms. LaRue was terminated due to her race and color.
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`29. Other employees who were non-white minorities were retained, and Ms. LaRue’s position
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`was filled by a non-white Hispanic female.
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`30. As a result of Defendants’ and their employees’ discriminatory conduct, Ms. LaRue has
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`suffered damages in an amount to be proven at trial.
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`COUNT III: DISCRIMINATION BASED ON SEX
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`31. Ms. LaRue incorporates the foregoing allegations as though fully restated herein.
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`32. Ms. LaRue, as a female, was part of a protected class.
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`33. Ms. LaRue was well-qualified for her position as County Executive Director.
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`34. Nevertheless, Ms. LaRue was terminated because she was an elder female.
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`4
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`35. Ms. LaRue’s position was not eliminated after her termination.
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`36. As a result of Defendants’ and their employees’ discriminatory conduct, Ms. LaRue has
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`suffered damages in an amount to be proven at trial.
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`DEMAND FOR JURY TRIAL AND DAMAGES
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`WHEREFORE, pursuant to Rule 38 Fed. R. Civ. P., Ms. LaRue demands a trial by jury.
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`Further, Ms. LaRue requests the Court enter judgment in her favor and against Defendants
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`an award her damages for:
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`A. Lost wages for back pay and front pay;
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`B. Compensatory damages for mental anguish, distress and other expenses;
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`C. Attorneys’ Fees;
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`D. Pre- and post-judgment interest;
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`E. Any other damages as allowable by federal law.
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`Respectfully submitted:
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`
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`JONES LAW FIRM, LLC
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`By: /s/ Alexandra W. Jones s/s
`Alexandra W. Jones
`1011 Lomas Blvd NW
`Albuquerque, NM 87102
`P: (505) 248-1400
`F: (505) 243-6279
`ajones@joneslawabq.com
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`5
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`JS 44 (Rev. 09/19)
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`Case 1:20-cv-01142-SMV-JFR Document 1 Filed 11/04/20 Page 6 of 6
` CIVIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`
`NOTE:
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
` Attorneys (If Known)
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`’ 1 U.S. Government
`’ 3 Federal Question
`Plaintiff
`(U.S. Government Not a Party)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
` and One Box for Defendant)
` PTF DEF
` PTF
` DEF
`Citizen of This State
`’ 1
`’ 1
`Incorporated or Principal Place
`’ 4
`’ 4
` of Business In This State
`
`’ 2 U.S. Government
`Defendant
`
`’ 4 Diversity
`(Indicate Citizenship of Parties in Item III)
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`Citizen of Another State
`
`’ 2
`
`’ 2
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`Incorporated and Principal Place
`of Business In Another State
`
`’ 5
`
`’ 5
`
`’ 6
`
`’ 6
`
`Citizen or Subject of a
` Foreign Country
`
`’ 3
`
`’ 3
`
`Foreign Nation
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
` PERSONAL INJURY
` PERSONAL INJURY
`’ 110 Insurance
`’ 120 Marine
`’ 310 Airplane
`’ 365 Personal Injury -
`’ 130 Miller Act
`’ 315 Airplane Product
` Product Liability
`’ 140 Negotiable Instrument
` Liability
`’ 367 Health Care/
`’ 150 Recovery of Overpayment ’ 320 Assault, Libel &
` Pharmaceutical
` & Enforcement of Judgment
` Slander
` Personal Injury
`’ 151 Medicare Act
`’ 330 Federal Employers’
` Product Liability
`’ 152 Recovery of Defaulted
` Liability
`’ 368 Asbestos Personal
` Student Loans
`’ 340 Marine
` Injury Product
` (Excludes Veterans)
`’ 345 Marine Product
` Liability
` PERSONAL PROPERTY
`LABOR
`’ 153 Recovery of Overpayment
` Liability
`’ 710 Fair Labor Standards
` of Veteran’s Benefits
`’ 350 Motor Vehicle
`’ 370 Other Fraud
` Act
`’ 160 Stockholders’ Suits
`’ 355 Motor Vehicle
`’ 371 Truth in Lending
`’ 720 Labor/Management
`’ 190 Other Contract
` Product Liability
`’ 380 Other Personal
` Relations
`’ 195 Contract Product Liability ’ 360 Other Personal
` Property Damage
`’ 740 Railway Labor Act
`’ 196 Franchise
` Injury
`’ 385 Property Damage
`’ 751 Family and Medical
`’ 362 Personal Injury -
` Product Liability
` Leave Act
` Medical Malpractice
` PRISONER PETITIONS ’ 790 Other Labor Litigation
` CIVIL RIGHTS
`Habeas Corpus:
`’ 791 Employee Retirement
`’ 440 Other Civil Rights
`’ 463 Alien Detainee
` Income Security Act
`’ 441 Voting
`’ 510 Motions to Vacate
`’ 442 Employment
` Sentence
`’ 443 Housing/
`’ 530 General
` Accommodations
`’ 445 Amer. w/Disabilities - ’ 535 Death Penalty
`Other:
` Employment
`’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other
` Other
`’ 550 Civil Rights
`’ 448 Education
`’ 555 Prison Condition
`’ 560 Civil Detainee -
` Conditions of
` Confinement
`
`Click here for: Nature of Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`FORFEITURE/PENALTY
`’ 422 Appeal 28 USC 158
`’ 375 False Claims Act
`’ 625 Drug Related Seizure
` of Property 21 USC 881 ’ 423 Withdrawal
`’ 376 Qui Tam (31 USC
`’ 690 Other
` 28 USC 157
` 3729(a))
`’ 400 State Reapportionment
`’ 410 Antitrust
`’ 430 Banks and Banking
`’ 450 Commerce
`’ 460 Deportation
`’ 470 Racketeer Influenced and
` Corrupt Organizations
`’ 480 Consumer Credit
` (15 USC 1681 or 1692)
`’ 485 Telephone Consumer
` Protection Act
`’ 490 Cable/Sat TV
`’ 850 Securities/Commodities/
` Exchange
`’ 890 Other Statutory Actions
`’ 891 Agricultural Acts
`’ 893 Environmental Matters
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` Act
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` Act/Review or Appeal of
` Agency Decision
`’ 950 Constitutionality of
` State Statutes
`
`PROPERTY RIGHTS
`’ 820 Copyrights
`’ 830 Patent
`’ 835 Patent - Abbreviated
` New Drug Application
`’ 840 Trademark
`SOCIAL SECURITY
`’ 861 HIA (1395ff)
`’ 862 Black Lung (923)
`’ 863 DIWC/DIWW (405(g))
`’ 864 SSID Title XVI
`’ 865 RSI (405(g))
`
`FEDERAL TAX SUITS
`’ 870 Taxes (U.S. Plaintiff
` or Defendant)
`’ 871 IRS—Third Party
` 26 USC 7609
`
` REAL PROPERTY
`’ 210 Land Condemnation
`’ 220 Foreclosure
`’ 230 Rent Lease & Ejectment
`’ 240 Torts to Land
`’ 245 Tort Product Liability
`’ 290 All Other Real Property
`
`IMMIGRATION
`’ 462 Naturalization Application
`’ 465 Other Immigration
` Actions
`
`V. ORIGIN (Place an “X” in One Box Only)
`’ 1 Original
`’ 2 Removed from
`Proceeding
`State Court
`
`’ 3 Remanded from
`Appellate Court
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`’ 4 Reinstated or
`Reopened
`
`’ 6 Multidistrict
`Litigation -
`Transfer
`
`’ 8 Multidistrict
` Litigation -
` Direct File
`
`’ 5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`
`Brief description of cause:
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`’ CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`JURY DEMAND:
`’ Yes
`’ No
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`DOCKET NUMBER
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
` COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`
`FOR OFFICE USE ONLY
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`Sheryl LaRue
`
`U.S. Department of Agriculture, Sonny Perdue, Farm Service Agency,
`Richard Fordyce
`
`Rio Arriba
`
`Alexandra W. Jones
`1011 Lomas Blvd NW, Abq. NM 87102 (505) 248-1400
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`42 USC Section 2000e-16 and 29 USC 633
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`Employment discrimination based on age, race, color and sex
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`11/04/2020
`
`/s/ Alexandra W. Jones /s/
`
`