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`
`BRADLEYR. PARKER,
`
`Plaintiff,
`
`vs.
`
`RAVEN INDUSTRIES, INC.,
`
`Defendant.
`
`
`
`Case 4:21-cv-04150-LLP Document 1 Filed 08/26/21 Page 1 of 8 PageID #: 1
`Case 4:21-cv-04150-LLP Document1 Filed 08/26/21 Page 1 of 8 PagelD #: 1
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`UNITED STATES DISTRICT COURT
`DISTRICT OF SOUTH DAKOTA
`SOUTHERN DIVISION
`
`Civil No,
`
`4:21-CV-4150
`4:21-CV-4150
`
`COMPLAINT
`(Jury Trial Demanded)
`
`COMES NOWthePlaintiff, Bradley R. Parker, by and throughhis attorneys of
`
`record, Lynn, Jackson, Shultz & Lebrun, P.C., and Tracye L. Sherrill, and for his cause of
`
`action, alleges and states as follows:
`
`PRELIMINARY STATEMENT
`
`1,
`
`Plaintiff, Bradley R. Parker, brings this action against Raven Industries
`
`(“Defendant”) for violation of the Age Discrimination Act (“ADEA”), 29 U.S.C. §§ 621-
`
`634.
`
`2.
`
`Defendant hired Plaintiff on November 5, 2007, as a Supply Chain
`
`Managerin the Electronic System Division of Raven Industries.
`
`3,
`
`During his tenure at Raven Industries, Plaintiff Parker was never rated
`
`below average on any official annual performance review.
`
`4.
`Despite Plaintiff's good performance and other work achievements,
`Defendant subjected him to unlawful discrimination because he was a 59-year-old man.
`
`5.
`
`On January 20, 2020, after 13 years of service to Raven Industries,
`
`Defendant summarily fired Parker, and had his duties absorbed by a new position with a
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`

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`younger employee, with significantly less experience than Parker. Some of Parker’s
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`previous duties were distributed among younger, less qualified, less experienced
`
`employees.
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`PARTIES AND JURISDICTION
`
`6.
`
`Plaintiff is now a 60-year-old man whoresides in Sioux Falls, South
`
`Dakota. Plaintiff was a resident of the State of South Dakotaat all times material herein.
`
`7.
`
`Plaintiff wasat all times relevant, an employee of Defendant pursuant to 29
`
`U.S.C. § 630 (f).
`
`8.
`
`Defendant was atall times relevant, an employeras that term is defined in
`
`20 U.S.C. §630 (b).
`
`9.
`
`Defendant Raven Industries is a South Dakota corporation, engaged in
`
`interstate commerce. Its principal place of business in the State is in Sioux Falls, South
`
`Dakota. Accordingly, venue is proper andlies in this judicial district under 28 U.S.C.§
`
`1391 (c). This court has supplemental jurisdiction over Plaintiffs related claims arising
`
`under state and local laws pursuant to 28 U.S.C. § 1367 (a).
`
`CONDITIONS PRECEDENT
`
`10.
`
`On May 22,2020,Plaintiff Parker timely filed a charge of age
`
`discrimination with the South Dakota Division of Human Rights.
`
`11.
`
`On May 27, 2020, the South Dakota Division of Human Rights filed the
`
`charge of age discrimination with the United States Equal Employment Opportunity
`
`Bradley R. Parker v. Raven Industries, Inc.
`Complaint (Jury Trial Demanded)
`2
`
`
`
`

`

`13.|Contemporaneously with the filing of this Complaint, Plaintiff Parker has
`
`
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`Commission (EEOC) pursuant to the Age Discrimination in Employment Act of 1967
`
`(ADEA), 29 U.S.C. §621 et seq.
`
`12.
`
`On May 28, 2021, the EEOC issued Plaintiff Parker a Notice of Right to
`
`Sue. This Complaint has been filed within 90 days of Plaintiff’s receipt of that Notice.
`
`Plaintiff Parker has fully complied with all prerequisites to jurisdiction in this Court
`
`under the ADEA.
`
`served a copy to Raven Industries, Inc., through personal service upon a corporate officer
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`consistent with the Federal Rules of Civil Procedure, thereby satisfying the notice
`
`requirements.
`
`FACTS
`
`14.
`
`Parker began working for Defendant on November 5, 2007, as a Supply
`
`Chain Managerin the Electronic Systems Division of Raven Industries.
`
`15.
`
`During his tenure, Parker reached the top of his pay scale andstill received
`
`a pay increase in 2017. Further, Parker found a cost savings of over $900.00 per balloon
`
`system built for the Defendant, resulting in a $600,000 cost savings per year.
`
`16.
`
`Parker also trained and led six young, inexperienced buyers, into competent
`
`and confident team members.
`
`17.
`
`Plaintiff performed his work satisfactorily in the capacity he was assigned
`
`by Defendant. As a result, Defendant promoted Plaintiff to Supply Chain Specialist
`
`Bradley R. Parker v. Raven Industries, Inc.
`Complaint (Jury Trial Demanded)
`3
`
`

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`effective November 1, 2012. Plaintiff maintained this position, which he held until the
`
`end of his employment with Defendant.
`
`18.
`
`Parker’s immediate supervisor, Angela Meyer, marginalized Parker while
`
`treating younger similarly situated employees more favorably. For example, Parker
`
`would order parts requested by the other employees, and when the end items were
`
`incorrect, only Parker was blamed for the mistake.
`
`19.
`
`Defendant discharged Plaintiff on January 20, 2020, at which time Plaintiff
`
`was 59 years old.
`
`20.
`
`Defendant’s stated reason for Plaintiffs termination was “poor
`
`performance.”
`
`21.
`
` Atthe time of his termination, Plaintiff was qualified for the position which
`
`he held.
`
`22.
`
` Tellingly, when Defendant terminated Parker, it ended up replacing his
`
`position with a lower-level buyerat least 20 years younger than Plaintiff, who was less
`
`experienced. Defendantalso distributed someofthe Plaintiffs previous duties among
`
`other younger, less qualified, less experienced employees.
`
`COUNT ONE
`AGE DISCRIMINATION IN VIOLATION OF THE AGE DISCRIMINATION IN
`EMPLOYMENTACT,29 U.S.C., §§ 621-634
`
`23.
`
`Parker repeats and realleges paragraphs 1 through 22 hereof, asif fully set
`
`forth herein.
`
`Bradley R. Parker v. Raven Industries, Inc.
`Complaint (Jury Trial Demanded)
`4
`
`
`
`
`

`

`
`
`
`|
`
`Discrimination in Employment Act, 29 U.S.C. §621etseq. which protects Plaintiff.
`
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`24.
`
` Atall times relevant, Defendant was an “employer” as defined by 29
`
`U.S.C. § 630 (b) and is covered by and subject to the ADEA,29 U.S.C § 621, et seq.
`
`25.
`
`Parker wasatall times relevant, and until January 20, 2020, an “employee”
`
`of Defendant pursuant to 29 U.S.C. § 630 (f).
`
`26.
`
`Defendant engaged in unlawful employmentpractices involving Plaintiff
`
`based on his age in violation of the Age Discrimination in Employment Act, 29 U.S.C.
`
`§621 et seg. These practices include, but are not limited to, Defendant’s marginalization
`
`of Plaintiff during employment while treating similarly situated younger employees more
`
`favorably, Defendant’s termination of Plaintiff from his employment and replacing him
`
`with a younger, less qualified, less experienced employee, and Defendant’s distributing
`
`some of Plaintiffs duties after his termination to other younger, less qualified andless
`
`experienced employees.
`
`27.
`
`The effect of the practices complained of has been to deprive Plaintiff of
`
`equal employment opportunities and otherwise adversely affect his status as an employee
`
`becauseofhis age.
`
`28.
`
`The unlawful employment practices complained of were intentional and
`
`were performed by Defendant with malice or with reckless indifference to the Age
`
`29.
`
`Defendant’s reason for discharging Parker was pretextual.
`
`30. Asadirect and proximate cause of Defendant’s unlawful and
`
`discriminatory conduct towards and disparate treatment of Plaintiff, Parker suffered
`
`Bradley R. Parker v. Raven Industries, Inc.
`Complaint (Jury Trial Demanded)
`5
`
`

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`damages, including but not limited to past and future lost wages and benefits and the
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`costs and attorneys’ fees in bringing this action.
`
`31.
`
`Defendant willfully violated Parker’s rights under the ADEAand,as a
`
`result, is liable for liquidated damages.
`
`WHEREFORE,Plaintiff respectfully requests judgmentas follows:
`
`1.
`
`Judgmentin favor of Plaintiff and against Defendant for general and
`
`compensatory damages;
`
`2.
`
`3,
`
`Award Plaintiff his past and future loss of wages and benefits, plus interest;
`
`Order Defendantto reinstate Plaintiff to a position comparable to his
`
`formerposition or, in lieu of reinstatement, award him front pay including benefits;
`
`4,
`
`Award to Plaintiff liquidated damages incurred in connection with this
`
`action;
`
`5.
`
`Awardto Plaintiff all costs and reasonable attorneys’ fees incurred in
`
`connection with this action; and
`
`6.
`
`Grant Plaintiff additional or alternative relief as the Court deems just and
`
`proper.
`
`PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL CLAIMS PROPERLY
`TRIABLE BY A JURY.
`
`Bradley R. Parker v. Raven Industries, Inc.
`Complaint (Jury Trial Demanded)
`6
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`
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`

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`Dated August 26, 2021.
`
`LYNN, JACKSON, SHULTZ & LEBRUN,P.C.
`
`ea
`
`By:
`
`Tracye L. Sherrill
`Attorneys for Plaintiff
`110 North Minnesota Avenue, Suite 400
`Sioux Falls, SD 57104-6475
`605-332-5999
`tsherrill@lynnjackson.com
`
`Bradley R. Parker v. Raven Industries, Inc.
`Complaint (Jury Trial Demanded)
`7
`
`
`
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`

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`CIVIL COVER SHEET
`18 44 (Rev. 04/21)
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplementthefiling and service ofpleadings or other papers as required by law, except as
`provided by lacal rules of court, This form, approved by the Judicial Conference of the United States in September 1974, is required forthe use of the Clerk of Court for the
`‘purpoaeofinitiatingthe civil docket sheet,
`(SEE INSTRUCTIONS ON NEXTPAGE OF THIS FORM)
`L (a) PLAINTIFFS.
`DEFENDANTS:
`Bradley R. Parker
`_ Raven Industries, Inc.
`
`(b) County ofResidence ofFirst Listed Plaintiff Minnehaha
`(EXCEPTIN U.S. PLAINTIFFCASES)
`
`County ofResidence ofFirst Listed Defendant Minnehaha.
`(IN US, PLAINTIFF CASES ONLY)
`INLAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACTOF LAND INVOLVED.
`
`NOTE:
`
`(ec) Attorneys (Firm Name, Address, and Telephone Number)
`Lynn, Jackson, Shultz & Lebrun,110 N. Minnesota Ave,
`Suite 400, Sloux Falls, SD 57104 605-332-5999
`I. BASIS OF JURISDICTION (Place an “X" in OneBox Only)
`(]1 U.S. Govemment
`[<J3 Federal Question
`Plaintiff
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`Attormeys (IfKnown)
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`a 422 Appeal 28USC158
`PERSONAL, INJURY
`PERSONAL INJURY m7 625 Drag Related Seizure
`
`
`
`(| 423 Withdrawal
`[_} 310 Airplane
`[1365 Personal Injury -
`
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`_28USC 157
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`|.|.315 Airplane Product Product Liability
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`[367 Bealth Carey
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`Pharmaceutical
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`15) Medicare Act
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`152 Recovery ofDefaulted ~—Linbllity [.].368 Asbestos Personal
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`StudentLoans
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`|} 345 Marine Product
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`(Excludes Veterans)
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`160 Stockholders’ Suits|{355 Motor Vehicle 37) Truth in Lending * |_:| 485 Telephone Consumer
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`Product Liability
`{90 Other Contrast
`380 Other Pergonal
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`861 HIA (13958)
`‘J 490 Cable/Sat TV *
`{_-] 360 Other Personal
`195 Contract Product Linbility
`Property Damage
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`Oo 385 Property Damage
`862 Black Lung (923)
`‘L_§ 850 Securities/Commodities/
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`ee | 895 Freedom ofInformation
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`1’) 896 Arbitration
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`|_| 899 Administrative Procedure
`AciReview orAppeal of
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`AganoyDecision
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`|.|950 Conatitutionality af
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`Confinement
`[|__| 560 Civil Detainee -
`Conditions of
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`
`
`Vv, ORIGIN (Place an “X™ in One Bax Only)
`& 1 Original
`mg Removed from
`Proceeding
`State Court
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`o3 Remanded from.
`Appellate Court
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`oO 8 Multidistrict
`oO 4 Reinstated or O45 Transferred from oO 6 Multidistrict
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`Reopened
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`Direct File
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`Transfer
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`Citethe U.S. Civil Statute under which youare filing (Do not citejurisdictional statutes untess diversity):
`
`29U.S.C,690(f:
`
`Briefdescription of cause:
`
`Age Discrimination in Employment, resulting in unfair traatment and termination of Plaintif'a émploymentby Defendant.
`
`
`VI. REQUESTED IN [0 CHECK IF THISIS A CLASS ACTION
`DEMAND §
`,
`CHECK YES only if demanded in complaint:
`
`COMPLAINT:
`UNDER RULE 23,F.R.CvP.
`JURY DEMAND:
`([x]Yes
`[No
`VIL RELATED CASE(S)
`he
`to
`.
`IF ANY
`inairvclow! UGE:
`
`
`VIL CAUSE OF ACTION
`
`Bee
`
`DOCKET NUMBER
`
`FOROFFICEUSE ONLY.
`
`RECEIPT #
`
`AMOUNT
`
`JUDGE
`
`“MAG. JUDGE
`
`,
`APPLYING \FP
`
`