`EASTERN DISTRICT OF NORTH CAROLINA
`SOUTHERN DIVISION
`Civil Action No. _____-cv-_____
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`DEBORAH THOMPSON,
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`Plaintiff,
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`COMPLAINT
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`v.
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`JURY TRIAL DEMANDED
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`PHARMACEUTICAL PRODUCT
`DEVELOPMENT, LLC,
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`Defendant.
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`Plaintiff Deborah Thompson ("Ms. Thompson" or "Plaintiff") hereby complains and
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`alleges against Defendant Pharmaceutical Product Development, LLC ("PPD") the following:
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`NATURE OF THE ACTION
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`1.
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`Plaintiff brings this action against Defendant for interference and retaliation under
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`the Family Medical Leave Act, 29 U.S.C. § 2601, et seq. ("FMLA"), as amended.
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`2.
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`Plaintiff brings this action against Defendant
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`for discrimination based on
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`disability and/or perceived disability disrimination and retaliation in violation of Title I of the
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`Americans with Disabilities Act ("ADA") and the Americans with Disabilities Act Amendments
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`Act of 2008, 42 U.S.C. § 12111, et seq., as amended by the Americans with Disabilities Act
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`Amendments Act of 2008 ("ADAAA") (collectively, "ADA").
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`3.
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`Plaintiff also brings this action against Defendant
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`for discrimination and
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`retaliation based on age in violation of the Age Discrimination in Employment Act of 1967, as
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`amended, 29 U.S.C. § 621, et seq. ("ADEA").
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`Case 7:21-cv-00119-FL Document 1 Filed 06/28/21 Page 1 of 11
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`PARTIES, JURISDICTION, AND VENUE
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`4.
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`Ms. Thompson is a 61-year-old female and at all relevant times resided in
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`Wilmington, North Carolina.
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`5.
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`Defendant is a clinical research organization which provides drug development
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`services in the pharmaceutical and biotechnology industries. PPD maintains its principal office
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`and place of business in Wilmington, North Carolina, and is an employer within the meaning of
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`the relevant laws and statutes.
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`6.
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`This action arises under federal statutes including the FMLA, ADA and ADEA.
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`This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331 because the claims
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`brought herein constitute a federal question under the laws of the United States.
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`7.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because
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`Thompson was hired to work in this District and Defendant conducts business in this District.
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`ADMINISTRATIVE EXHAUSTION
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`8.
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`On October 1, 2020, Ms. Thompson filed a Charge of Discrimination with the
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`Equal Employment Opportunity Commission ("EEOC") alleging disability discrimination, age
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`discrimination, and retaliation.
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`9.
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`On March 31, 2021, Ms. Thompson received a Notice of Right to Sue from the
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`EEOC regarding the Charge and timely brought this action within ninety (90) days of receipt
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`thereof.
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`10. Ms. Thompson has satisfied all private, administrative, and judicial prerequisites
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`to the institution of this action.
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`FACTUAL BACKGROUND
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`11.
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`In or around December 1997, Ms. Thompson began her employment with PPD.
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`She has held multiple roles within PPD during her employment.
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`12. Ms. Thompson has been a loyal employee for over 20 years.
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`13.
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`During her employment, Ms. Thompson has received consistent positive
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`performance reviews.
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`14.
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`In or around July 2019, Thompson accepted a transfer from her position as Senior
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`Manager of Operations to Senior Manager of Procurement.
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`15.
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`In or around January 2020, she was informed that her position was being
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`eliminated and was offered the choice to either (i) accept a four (4) month severance package
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`under PPD's severance plan, or (ii) accept a transfer to her previous role as Senior Manager of
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`Operations.
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`16. Ms. Thompson felt she had no other choice but to accept the transfer to her old
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`role, and thus transferred back to the position of Senior Manager of Operations.
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`17.
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`On or around May 18, 2020, Ms. Thompson underwent carpal tunnel surgery,
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`Dupuytren's Contracture, and trigger finger surgery.
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`18.
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`Carpal
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`tunnel, Dupuytren's Contracture, and trigger finger are serious health
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`conditions.
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`19.
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`20.
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`Carpal tunnel, Dupuytren's Contracture, and trigger finger are disabilities.
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`Carpal tunnel, Dupuytren's Contracture, and trigger finger are conditions that
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`substantially limit Ms. Thompson's major life activities, including but not limited to the use and
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`operation of her hands, typing, and writing.
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`21. Ms. Thompson was out of work for approximately seven (7) weeks for her serious
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`health condition and utilized Family Medical Leave Act ("FMLA") leave.
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`22.
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`During Ms. Thompson's protected leave of absence, she received a negative
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`mid-year performance review from her manager, Peter Bolden ("Bolden"), while on leave.
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`23.
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`The mid-year review claimed Ms. Thompson was a poor performer due to
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`excessive absence during a time period that included her surgery and FMLA leave.
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`24.
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`During her FMLA leave, Ms. Thompson was also repeatedly asked to perform
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`work for PPD by Bolden which resulted in her working during her leave.
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`25. Ms. Thompson reported the retaliatory performance review to human resources.
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`26.
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`During her FMLA leave, Ms. Thompson was repeatedly in contact with human
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`resources about work-related issues and the mid-year review.
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`27. Ms. Thompson returned from her FMLA leave on or around August 4, 2020.
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`28.
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`In or around September 2020, PPD restructured the Procurement team and created
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`a new position of Associate Director.
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`29.
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`The Associate Director position was given to Petia Mechkarova ("Mechkarova").
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`30. Mechkarova is significantly younger than Ms. Thompson and has less experience
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`than Ms. Thompson.
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`31.
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`Upon information and belief, Mechkarova was under the age of 40 at the time she
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`was promoted to Associate Director.
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`32. Ms. Thompson was the employee who trained Mechkarova in 2014, along with
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`the rest of the Sofia, Bulgaria team.
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`33.
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`The Associate Director job opening was never posted for applications. Thus,
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`Ms. Thompson did not have an opportunity to apply for the position.
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`34. Ms. Thompson was qualified for the Associate Director position.
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`35.
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`PPD's failure to post
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`the Associate Director position and/or promotion of
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`Mechkarova was a departure from its established application and hiring process.
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`36.
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`The Associate Director position would have been a promotion for Ms. Thompson,
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`and would have resulted in her obtaining a raise and/or additional benefits.
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`37.
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`In or around October 2020, Ms. Thompson had another surgery as a follow-up to
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`her May 18, 2020 surgery. She again exercised her right to FMLA leave.
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`38. Ms. Thompson was repeatedly asked to work during this second FMLA leave and
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`performed work during the leave.
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`39. Ms. Thompson returned from her FMLA leave on or around December 1, 2020.
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`40.
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`Shortly after she returned to work from her protected leave, Ms. Thompson
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`received her year-end performance review, administered by Peter Bolden and Mechkarova,
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`which rated her as a 2/5 "More Expected."
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`41.
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`The year-end review referenced Ms. Thompson's perceived lack of regular
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`engagement and not being "current" with changes that occurred on the project.
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`42.
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`The items referenced in the negative year-end performance review were directly
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`related to Ms. Thompson's protected leave of absence and, as such, were retaliatory.
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`43.
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`Upon information and belief, the negative year-end performance review affected
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`Ms. Thompson’s ability to obtain a raise or bonus and her ability to advance through the
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`company.
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`44. Ms. Thompson did not receive a raise or bonus in March 2021.
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`45.
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`This was the first time in her approximately 23 years with PPD that she did not
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`receive either an annual raise or a bonus.
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`COUNT I
`Interference - Family and Medical Leave Act of 1993 ("FMLA")
`29 U.S.C. § 2614 et seq.
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`The foregoing paragraphs are incorporated herein by reference.
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`Defendant was well aware that Ms. Thompson had suffered a qualifying event
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`46.
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`47.
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`under the FMLA.
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`48. Ms. Thompson submitted the required documentation showing that she had a
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`qualifying event under the FMLA.
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`49.
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`Defendant interfered with Thompson's protected FMLA leave by providing her a
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`negative mid-year review while she was on leave.
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`50.
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`Defendant interfered with Thompson's protected FMLA leave by requiring her to
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`perform work during her leave.
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`51.
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`Defendant's violation of the FMLA, 29 U.S.C. § 2615(a)(2), by interfering with
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`Thompson's protective FMLA leave was willful and/or lacking of good faith.
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`52.
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`Thompson has been damaged by Defendant's violation of the FMLA in as much
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`as Thompson has suffered loss of past and future wages and benefits, loss of professional
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`opportunities, emotional distress, and mental pain and anguish.
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`53.
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`Thompson is entitled to her attorneys' fees and costs incurred in this matter
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`pursuant to 29 U.S.C. § 2617(a)(3) of the FMLA.
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`54.
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`Thompson is further entitled to any and all relief permitted under the FMLA,
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`including equitable relief.
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`COUNT II
`Retaliation - Family and Medical Leave Act of 1993 ("FMLA")
`29 U.S.C. § 2601 et seq.
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`55.
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`The foregoing paragraphs are incorporated herein by reference.
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`56.
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`Defendant was well aware that Ms. Thompson had suffered a qualifying event
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`under the FMLA.
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`57. Ms. Thompson submitted the required documentation showing that he had a
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`qualifying event under the FMLA.
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`58. Ms. Thompson engaged in protected activity by taking FMLA leave.
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`59.
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`Defendant retaliated against Thompson for taking FMLA leave by giving her a
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`negative mid-year performance review during her leave that referenced her absence.
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`60.
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`Defendant retaliated against Thompson for taking FMLA leave by giving her a
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`negative year-end performance review shortly after she returned from leave.
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`61.
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`Defendant retaliated against Thompson for taking FMLA leave by not providing
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`her the opportunity to apply for the Associate Director position and not considering her for the
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`Associate Director position, for which she was qualified.
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`62.
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`Defendant's
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`adverse
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`employment
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`actions were
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`causally connected
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`to
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`Ms. Thompson's protected activity, as shown by the proximity in time between her taking FMLA
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`leave and the adverse employment actions taken by Defendant.
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`63.
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`Defendant's violation of the FMLA, 29 U.S.C. § 2615(a)(2), by retaliating against
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`Ms. Thompson because she engaged in protected activity under the FMLA, was willful and/or
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`lacking of good faith.
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`64. Ms. Thompson has been damaged by Defendant's violation of the FMLA in as
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`much as Thompson has suffered loss of past and future wages and benefits, loss of professional
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`opportunities, emotional distress, and mental pain and anguish.
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`65. Ms. Thompson is entitled to her attorneys' fees and costs incurred in this matter
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`pursuant to 29 U.S.C. § 2617(a)(3) of the FMLA.
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`66. Ms. Thompson is further entitled to any and all relief permitted under the FMLA,
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`including equitable relief.
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`COUNT III
`Violation of Americans with Disabilities Act of 1990, as amended
`42 U.S.C. § 12101, et seq.
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`67.
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`The foregoing paragraphs are incorporated herein by reference.
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`68. Ms. Thompson is a "person" and an "employee," and Defendant is an "employer"
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`and a "covered entity" as those terms are defined at 42 U.S.C. §12101, et. seq.
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`69.
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`At all relevant times, Ms. Thompson was a qualified individual with an actual or
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`perceived disability.
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`70.
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`Dupuytren's Contracture, and trigger finger are disabilities within the meaning of
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`the ADA.
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`71.
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`Prior to her disability-related surgeries and leaves of absences, Ms. Thompson
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`was performing her job at a level that met her employer's legitimate expectations.
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`72. Ms. Thompson notified Defendant of her disability and her injury, including
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`communicating with her supervisors on a regular basis regarding his medical condition,
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`emergency surgery and recovery status from her surgery.
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`73.
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`Defendant discriminated and retaliated against Ms. Thompson for taking a
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`disability-related leave by giving her a negative mid-year performance review during her leave
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`that referenced her absence.
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`74.
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`Defendant discriminated and retaliated against Ms. Thompson for taking a
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`disability-related leave by giving her a negative year-end performance review shortly after she
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`returned from leave.
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`75.
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`Defendant discriminated and retaliated against Ms. Thompson for taking a
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`disability-related leave by not providing her the opportunity to apply for the Associate Director
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`position and not considering her for the Associate Director position, for which she was qualified.
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`76.
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`Defendant's
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`adverse
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`employment
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`actions were
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`causally connected
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`to
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`Ms. Thompson's protected activity, as shown by the proximity in time between her taking
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`disability-related leaves and the adverse employment actions taken by Defendant.
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`77. Ms. Thompson has been damaged by Defendant's violation of the ADA in as
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`much as Ms. Thompson has been unable to use her education and training and has suffered loss
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`of past and future wages and benefits, loss of professional opportunities, emotional distress, and
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`mental pain and anguish.
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`78.
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`Defendant's discrimination and retaliation was willful and/or lacking of good faith
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`and Ms. Thompson is entitled to punitive damages pursuant to 42 U.S.C. § 12117(a).
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`79. Ms. Thompson is entitled to her attorneys' fees and costs incurred in this matter
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`pursuant to 42 U.S.C. § 12205.
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`80.
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`Thompson is further entitled to any and all relief permitted under the ADA, 42
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`U.S.C. § 12117(a), including equitable relief.
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`COUNT IV
`Discrimination on the Basis of Age
`Violation of ADEA, 29 U.S.C. § 621, et seq.
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`81.
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`The foregoing paragraphs are incorporated herein by reference.
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`82. Ms. Thompson was born in 1959 and was sixty-one (61) years old at the time of
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`the adverse actions alleged herein.
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`83.
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`Defendant
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`treated Ms. Thompson less favorably than substantially younger
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`employees by not considering her for the Associate Director position, not providing her an
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`
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`opportunity to apply for the Associate Director, and promoting a much younger less qualified
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`employee to the position.
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`84.
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`Defendant violated the ADEA by discriminating against Ms. Thompson in whole
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`or in part because of her age.
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`85.
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`Defendant's acts described herein constitute a violation of the Age Discrimination
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`in Employment Act's prohibition against age discrimination.
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`86.
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`87.
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`Defendant's conduct was willful and/or lacking of good faith.
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`As a proximate result of Defendant's wrongful conduct, Ms. Thompson has
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`suffered lost wages and benefits, and other damages in an amount to be proven at trial. She is
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`entitled to recover compensatory and liquidated damages in an amount to be proven at trial,
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`including attorneys' fees and costs.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Deborah Thompson demands the following relief:
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`1.
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`An Order awarding Ms. Thompson damages for Defendant's violations of the
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`FMLA, lost wages, front pay, lost employment benefits, and any other compensation denied or
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`lost because of Defendant's violation of the FMLA;
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`2.
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`An Order awarding Ms. Thompson damages for Defendant's violation of the
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`ADA, including lost wages, front pay, lost employment benefits, and any other compensation
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`denied or lost because of Defendant's violation of the ADA;
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`3.
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`An Order awarding Ms. Thompson damages for Defendant's violation of the
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`ADEA, including lost wages, front pay, lost employment benefits, and any other compensation
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`denied or lost because of Defendant's violation of the ADEA;
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`4.
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`An Order awarding Ms. Thompson compensatory damages for emotional distress,
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`pain and suffering, inconvenience, and/or mental anguish in an amount to be proven at trial;
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`at trial;
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`at trial;
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`5.
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`6.
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`7.
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`8.
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`9.
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`An Order awarding Ms. Thompson liquidated damages in an amount to be proven
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`An Order awarding Ms. Thompson punitive damages in an amount to be proven
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`An Order awarding Ms. Thompson the costs of this action;
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`An Order awarding Ms. Thompson reasonable attorneys' fees;
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`An Order awarding Ms. Thompson prejudgment and post-judgment interest at the
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`highest rates allowed by law; and
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`10.
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`An Order granting any other necessary or appropriate relief
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`to which
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`Ms. Thompson is entitled under the law.
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`JURY TRIAL DEMAND
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`Ms. Thompson demands a trial by jury.
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`/s/ L. Michelle Gessner
`L. Michelle Gessner, NC State Bar No. 26590
`Nicole K. Haynes, NC State Bar No. 47793
`John G. Hutchens, III, NC State Bar No. 52214
`GESSNERLAW, PLLC
`1213 Culbreth Drive, Suite 426
`Wilmington, North Carolina 28405
`Telephone: (844) 437-7637; Fax: (980) 206-0286
`E-Mail: michelle@mgessnerlaw.com
`nicole@mgessnerlaw.com
`johnny@mgessnerlaw.com
`
`Attorneys for Plaintiff
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