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Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 1 of 9
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`Counsel for Plaintiff
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`KOLLER LAW LLC
`David M. Koller, Esq. (90119)
`2043 Locust Street, Suite 1B
`Philadelphia, PA 19103
`T: (215) 545-8917
`F: (215) 575-0826
`davidk@kollerlawfirm.com
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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`Civil Action No.
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`Complaint and Jury Demand
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`STEPHANIE JOHNSON,
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`5709 Delancey Street
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`Philadelphia, PA 19143
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`Plaintiff,
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`v.
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`UNIVERSITY OF PENNSYLVANIA
`HEALTH SYSTEM d/b/a
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`CHESTER COUNTY HOSPITAL,
`701 East Marshall Street
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`West Chester, PA 19380
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`3400 Spruce Street
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`Philadelphia, PA 19104
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`Defendant.
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` CIVIL ACTION
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`Plaintiff, Stephanie Johnson (hereinafter “Plaintiff”), by and through her attorney, Koller
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`Law, LLC, bring this civil matter against University of Pennsylvania Health System d/b/a Chester
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`County Hospital (hereinafter “Defendant”), for violations of Section 1981 and the Pennsylvania
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`Human Relations Act (“PHRA”). In support thereof, Plaintiff avers as follows:
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`THE PARTIES
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`1. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`2. Plaintiff is an adult individual residing at the above captioned address.
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`3. Upon information and belief, University of Pennsylvania Health System d/b/a Chester
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 2 of 9
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`County Hospital is a major multi-hospital health system with a location at 701 East
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`Marshall Street, West Chester, PA 19380 and with a corporate headquarters located at 3400
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`Spruce Street, Philadelphia, PA 19104.
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`4. At all times relevant hereto, Defendant employed managers, supervisors, agents, and
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`employees who Plaintiff alleges had the authority to make decisions concerning Plaintiff’s
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`employment. In making said decisions, these individuals engaged in the pattern and
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`practice of discriminatory treatment, which forms the basis of Plaintiff’s allegations in the
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`instant Complaint.
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`5. At all times relevant hereto, Defendant employed managers, supervisors, agents, and
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`employees who acted directly or indirectly in the interest of the employer. In so acting,
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`these individuals engaged in the pattern and practice of discriminatory treatment, which
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`forms the basis of Plaintiff’s allegations in the instant Complaint.
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`JURISDICTION AND VENUE
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`6. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`7. The Court may properly maintain personal jurisdiction over Defendant because the
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`Defendant’s contacts with this state and this judicial district are sufficient for the exercise
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`of jurisdiction and comply with traditional notions of fair play and substantial justice, thus
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`satisfying the standard set forth by the United States Supreme Court in International Shoe
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`Co. v. Washington, 326 U.S. 310 (1945) and its progeny.
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`8. The Court may exercise original subject-matter jurisdiction over the instant action pursuant
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`to 28 U.S.C. §§ 1331 and 1343(a)(4) because it arises under the laws of the United States
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`and seeks redress for violations of federal law.
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`9. The Court may also maintain supplemental jurisdiction over state law claims set forth herein
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`2
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 3 of 9
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`pursuant to 28 U.S.C. § 1367(a) and Rule 18(a) of the Federal Rules of Civil Procedure
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`because they are sufficiently related to one or more claims within the Court’s original
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`jurisdiction that they form part of the same case or controversy.
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`10. Venue is properly laid in the Eastern District of Pennsylvania pursuant to 28 U.S.C. §§
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`1391(b)(1) and 1391(b)(2) because some of the Plaintiff is domiciled in this judicial
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`district, the Defendants is located in this judicial district and because all of the acts and/or
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`omissions giving rise to the claims set forth herein occurred in this judicial district.
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`EXHAUSTION OF ADMINISTRATIVE REMEDIES
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`11. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`12. Plaintiff exhausted her administrative remedies under PHRA.
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`13. Plaintiff timely filed a Complaint of Discrimination (“Complaint”) with the U.S. Equal
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`Employment Opportunity Commission (“EEOC”) alleging race discrimination and
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`retaliation against Defendant.
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`14. The Complaint was assigned a Charge Number 530-2020-04450 and was dual filed with
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`the Pennsylvania Human Relations Commission.
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`15. The EEOC issued Plaintiff a Dismissal and Notice of Rights (“Right to Sue”) relative to
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`the Charge and that Notice is dated June 30, 2021. Plaintiff received the notice by electronic
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`mail.
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`16. Prior to the filing of this action, Plaintiff notified the EEOC of her intent to proceed with a
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`lawsuit in federal court.
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`17. Plaintiff files the instant Complaint within two (2) years of her receipt of her Right to Sue
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`in this matter.
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`18. Plaintiff has exhausted his administrative remedies as to the allegations of this Complaint.
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`3
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 4 of 9
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`MATERIAL FACTS
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`19. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`20. Plaintiff is an African-American female.
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`21. In November 2019, Defendant hired Plaintiff as a part-time Security Officer.
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`22. Plaintiff was well qualified for her position and performed well.
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`23. In the spring of 2020, Defendant changed Plaintiff’s schedule to per diem due to the
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`COVID-19 pandemic.
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`24. In the spring of 2020, Walter Vieira (Hispanic), Director, offered extra hours to
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`Plaintiff’s department.
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`25. Mr. Vieira asked in a group meeting if anyone would like to work these extra shifts.
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`26. Plaintiff volunteered but Mr. Vieira ignored Plaintiff and turned to her Caucasian, male
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`co-workers and directly asked them if they wanted the extra shifts.
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`27. Plaintiff did not say anything to object because she was afraid of retaliation and feared
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`losing her job.
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`28. Between spring 2020 and July 2020, Defendant overlooked Plaintiff for any overtime
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`opportunities despite her willingness to work extra shifts.
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`29. Defendant gave the extra shifts to Plaintiff’s Caucasian, male co-workers.
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`30. In a meeting on June 26, 2020, Brian Naylor (Caucasian), Supervisor, and Mr. Vieira
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`issued Plaintiff three (3) disciplines for minor issues that her Caucasian coworkers were
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`not disciplined for.
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`31. Mr. Naylor said that despite there write-ups, he did not want to lose her as an employee
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`because Defendant needed “my kind” and to the effect that “I knew things because where
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`my kind was from.”
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`4
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 5 of 9
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`32. Plaintiff asked what Mr. Naylor meant by “my kind,” and he said, “you know what I
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`mean – diversity.”
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`33. Plaintiff believed his comments were discriminatory and based on her race.
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`34. Following this meeting, Plaintiff was very upset and uncomfortable about the
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`discriminatory comments that Mr. Naylor made and left work early.
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`35. Plaintiff informed both Mr. Vieira and Mr. Naylor, in person, that she needed to leave
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`early, and they approved it.
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`36. On July 15, 2020, Plaintiff informed Mr. Vieira and Mr. Naylor that she was unable to
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`report to work due to her daughter being ill.
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`37. Plaintiff proceeded to report Mr. Naylor’s discriminatory comments and inquired about a
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`change in schedule to Susan Karr (Caucasian), Director of Human Resources, via email,
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`but she did not respond.
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`38. On July 25, 2020, Mr. Vieira sent Plaintiff a text message requesting that she return her
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`uniform to Defendant.
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`39. On July 27, 2020, Plaintiff sent Mr. Vieira a text message inquiring if she was still
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`employed, but he did not respond to her.
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`40. Plaintiff continued to text Mr. Vieira and contact Human Resources to inquire about her
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`job status, but she did not hear back.
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`41. On August 6, 2020, Moira Meyreles (Caucasian), Human Resource Representative,
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`called Plaintiff and informed her that Defendant had mailed her a termination letter
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`effective July 16, 2020.
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`42. Defendant terminated Plaintiff the day after she requested a shift change.
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`5
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 6 of 9
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`43. Throughout Plaintiff’s employment, she witnessed Caucasian Security Officers
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`reschedule their shifts without issue.
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`44. Shortly afterwards, Plaintiff received Defendant’s termination letter effective July 16,
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`2020.
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`45. It is Plaintiff’s position that she was discriminated against due to her race and retaliated
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`against for reporting the aforementioned discrimination.
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`COUNT I – RACE DISCRIMINATION
`SECTION 1981
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`46. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`47. Plaintiff is African-American.
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`48. Plaintiff was well qualified to perform the job for which she was hired.
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`49. Plaintiff suffered adverse job actions, including, but not limited to, termination.
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`50. Similarly situated people outside of Plaintiff’s protected class were treated more
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`favorably than Plaintiff.
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`51. Circumstances exist related to the above cited adverse employment actions that give rise
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`to an inference of discrimination.
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`52. Defendant discriminated against Plaintiff on the basis of race.
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`53. No legitimate, non-discriminatory reasons exist for the above cited adverse employment
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`action that Plaintiff suffered.
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`54. The reasons cited by Defendant for the above cited adverse employment action that
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`Plaintiff suffered are pretext for discrimination.
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`WHEREFORE, Plaintiff seeks the damages set forth in the Prayer for Relief clause of
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`this Complaint, infra.
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`6
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 7 of 9
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`COUNT II – RACE DISCRIMINATION
`PENNSYLVANIA HUMAN RELATIONS ACT
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`55. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`56. The foregoing conduct by Defendants constitutes unlawful discrimination against
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`Plaintiff on the basis of her race (African-American).
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`57. As a result of Defendants’ unlawful race discrimination, Plaintiff has suffered damages as
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`set forth herein.
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`WHEREFORE, Plaintiff seeks the damages set forth in the Prayer for Relief clause of
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`this Complaint, infra.
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`COUNT III – RETALIATION
`SECTION 1981
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`58. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`59. Plaintiff complained about race discrimination.
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`60. Thereafter, Defendant took adverse employment actions against Plaintiff, including, but
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`not limited to, termination.
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`61. There exists a causal connection between Plaintiff’s participation in the protected activity
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`and the adverse employment action.
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`WHEREFORE, Plaintiff seeks the damages set forth in the Prayer for Relief clause of
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`this Complaint, infra.
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`COUNT IV – RETALIATION
`PENNSYLVANIA HUMAN RELATIONS ACT
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`62. Plaintiff incorporates the preceding paragraphs as if set forth more fully at length herein.
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`63. Plaintiff engaged in activity protected by the PHRA when she complained about race
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`discrimination.
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`64. Thereafter, Defendants took adverse employment actions against Plaintiff, including, but
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`7
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 8 of 9
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`not limited to, termination.
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`65. There exists a causal connection between Plaintiff’s participation in the protected activity
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`and the adverse employment action.
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`WHEREFORE, Plaintiff seeks the damages set forth in the Prayer for Relief clause of
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`this Complaint, infra.
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`WHEREFORE, Plaintiff, Stephanie Johnson, requests that the Court grant her the
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`PRAYER FOR RELIEF
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`following relief against Defendants:
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`(a)
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`Compensatory damages;
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`(b)
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`Punitive damages;
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`(c)
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`(d)
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`(e)
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`(f)
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`(g)
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`(h)
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`(i)
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`(j)
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`(k)
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`Liquidated damages;
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`Emotional pain and suffering;
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`Reasonable attorneys’ fees;
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`Recoverable costs;
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`Pre and post judgment interest;
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`An allowance to compensate for negative tax consequences;
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`A permanent injunction enjoining Defendants, its directors, officers, employees,
`agents, successors, heirs and assigns, and all persons in active concert or
`participation with it, from engaging in, ratifying, or refusing to correct, employment
`practices which discriminate in violation of the Section 1981 and the PHRA.
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`Order Defendants to institute and implement, and for its employees, to attend and/or
`otherwise participate in, training programs, policies, practices and programs which
`provide equal employment opportunities;
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`Order Defendants to remove and expunge, or to cause to be removed and expunged,
`all negative, discriminatory, and/or defamatory memoranda and documentation
`from Plaintiff’s record of employment, including, but not limited, the pre-textual
`reasons cited for its adverse actions, disciplines, and termination; and
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`8
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`Case 2:21-cv-04460 Document 1 Filed 10/11/21 Page 9 of 9
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`Awarding extraordinary, equitable and/or injunctive relief as permitted by law,
`equity and the federal statutory provisions sued hereunder, pursuant to Rules 64 and
`65 of the Federal Rules of Civil Procedure.
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`(l)
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`JURY TRIAL DEMAND
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`Demand is hereby made for a trial by jury as to all issues.
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`CERTIFICATION
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`I hereby certify that to the best of my knowledge and belief the above matter in controversy
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`is not the subject of any other action pending in any court or of a pending arbitration proceeding,
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`nor at the present time is any other action or arbitration proceeding contemplated.
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`Date: October 11, 2021
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`RESPECTFULLY SUBMITTED,
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`KOLLER LAW, LLC
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` By: /s/ David M. Koller
`David M. Koller, Esquire
`2043 Locust Street, Suite 1B
`Philadelphia, PA 19103
`215-545-8917
`davidk@kollerlawfirm.com
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`Counsel for Plaintiff
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`9
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