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`Case 2:20-cv-00237-Z Document 1 Filed 10/15/20 Page 1 of 7 PageID 1Case 2:20-cv-00237-Z Document 1 Filed 10/15/20 Page 1 of 7 PageID 1
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`AMARILLO DIVISON
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`TAMI MCINTYRE,
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`Plaintiff,
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`v.
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`TYSON FRESH MEATS, INC.,
`A SUBSIDIARY OF TYSON
`FOODS, INC.,
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`Defendant.
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`§
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`CIVIL ACTION NO. 2:20-cv-237
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`JURY TRIAL DEMANDED
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`ORIGINAL COMPLAINT
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`Plaintiff Tami McIntyre (“Plaintiff”), by and through her attorneys, Ellwanger Law LLLP,
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`brings this action for damages and other legal and equitable relief from Defendant, Tyson Fresh
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`Meats, Inc., a subsidiary of Tyson Foods, Inc. (“Defendant”), for violations of the Age
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`Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq., and any other
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`cause(s) of action that can be inferred from the facts set forth herein.
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`INTRODUCTION
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`1.
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`This is an action brought by Plaintiff seeking damages from Defendant for acts of
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`discrimination and retaliation. Defendant’s acts of discrimination are in violation of the ADEA
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`and any other cause(s) of action that can be inferred from the facts set forth herein.
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`2.
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`Defendant employed Plaintiff as a Quality Assurance Manager at its Amarillo,
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`Texas location. Throughout Plaintiff’s employment with Defendant, Plaintiff was subjected to
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`discrimination and retaliation.
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`ORIGINAL COMPLAINT
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`JURISDICTION AND VENUE
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`3.
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`This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, which
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`confers original jurisdiction upon this Court for actions arising under the laws of the United States,
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`and pursuant to 28 U.S.C. §§ 1343(3) and 1343(4), which confer original jurisdiction upon this
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`Court in a civil action to recover damages or to secure equitable relief (i) under any Act of Congress
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`providing for the protection of civil rights; (ii) under the Declaratory Judgment Statute, 28 U.S.C.
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`§ 2201; 42 U.S.C. §§ 2000e et seq., as amended, and (iii) 42 U.S.C. §§ 1981 et seq., as amended.
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`4.
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`The Court’s supplemental jurisdiction is invoked to 28 U.S.C. § 1367(a), which
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`confers supplemental jurisdiction over all non-federal claims arising from a common nucleus of
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`operative facts such that they form part of the same case or controversy under Article III of the
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`United States Constitution.
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`5.
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`Venue is proper in this Court in as much as the unlawful employment practices
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`occurred in this judicial district. Venue is also proper in this Court pursuant to 28 U.S.C. §
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`1391(b)(1) and (c), in that Defendant maintains offices, conducts business and resides in this
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`district.
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`PARTIES
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`6.
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`Plaintiff is a person who has been aggrieved by Defendant’s actions. She is and has
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`been, at all relevant times, a citizen of the United States of America, and is a resident of Potter
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`County, Texas.
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`7.
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`At all relevant times, Plaintiff was Defendant’s employee and therefore covered by
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`Title VII.
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`8.
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`Defendant is located at 5000 FM1912, Amarillo, Texas in Potter County. Upon
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`information and belief, Defendant employs over five-hundred (500) persons.
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`ORIGINAL COMPLAINT
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`9.
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`10.
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`During all relevant times, Defendant has been an employer covered by the ADEA.
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`Defendant transacted and continues to transact business in Texas by, among other
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`things, employing persons at its store located within Texas and within this judicial district.
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`EXHAUSTION OF FEDERAL ADMINISTRATIVE REMEDIES
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`11.
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`Plaintiff, who has herein alleged claims pursuant to the ADEA, has timely filed a
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`complaint of discrimination with the Equal Employment Opportunity Commission (“EEOC”),
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`which constitutes a cross-filing with the Texas Commission on Human Rights.
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`12.
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`Plaintiff has received her Notice of Right to Sue letter from the EEOC prior to the
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`filing of this Complaint.
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`STATEMENT OF FACTS
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`13.
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`14.
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`Plaintiff worked for Defendants from 1985 until her termination in April 2019.
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`From 2017 to April 2019, Plaintiff worked at the Amarillo, Texas location as a
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`Quality Assurance Manager.
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`15.
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`In or around March 2019, Plaintiff’s supervisor told Plaintiff that she was “getting
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`older” and that she had sixty (60) days to find a new job.
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`16.
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`On or around March 8, 2019 Plaintiff made a written complaint regarding the age
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`discrimination she was experiencing to Human Resources. Upon information and belief, Human
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`Resources did not do any serious investigation.
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`17.
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`On or around April 4, 2019 Plaintiff was subjected to a discriminatory and
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`retaliatory termination.
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`18.
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`Throughout Plaintiff’s thirty-four (34) year career with Defendant she never
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`received a disciplinary write-up.
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`ORIGINAL COMPLAINT
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`AS AND FOR A FIRST CAUSE OF ACTION FOR A VIOLATION OF
`Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq.
`(Discrimination)
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`19.
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`Plaintiff is a member of a protected class and repeats and re-alleges the allegations
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`contained in the paragraphs above, as if fully set forth herein.
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`20.
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`The conduct alleged herein violates the ADEA as Defendant has engaged the
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`practice of discrimination with respect to the terms and conditions of Plaintiff’s employment on
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`the basis of the Plaintiff’s age.
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`21.
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`Plaintiff’s requests for relief are set forth below.
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`AS AND FOR A SECOND CAUSE OF ACTION FOR A VIOLATION OF
`Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq.
`(Hostile Work Environment)
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`22.
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`Plaintiff is a member of a protected class and repeats and re-alleges the allegations
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`contained in the paragraphs above, as if fully set forth herein.
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`23.
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`The conduct alleged herein violates the ADEA as Plaintiff was subjected to a hostile
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`work environment on the basis of her age. Plaintiff’s supervisor made discriminatory comments
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`about her age such that it effected a severe and pervasive hostile work environment and led to an
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`adverse employment decision in her termination.
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`24.
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`Plaintiff’s requests for relief are set forth below.
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`ORIGINAL COMPLAINT
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`AS AND FOR A THIRD CAUSE OF ACTION FOR A VIOLATION OF
`Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq.
`(Retaliation)
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`25.
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`Plaintiff is a member of a protected class and repeats and re-alleges the allegations
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`contained in the paragraphs above, as if fully set forth herein.
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`26.
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`Plaintiff lodged complaints with Defendant regarding the discrimination and hostile
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`work environment to which she was subjected, and as such, engaged in protected activity under
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`the ADEA.
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`27.
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`Defendant retaliated against Plaintiff by, among other things, harassing her,
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`subjecting her to unwarranted discipline, and terminating her.
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`28.
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`The conduct alleged herein violates the ADEA’s protection of filing a complaint of
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`discrimination.
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`29.
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`Plaintiff’s requests for relief are set forth below.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests judgment against Defendant as follows:
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`A. A judgment declaring that the practices complained of herein are unlawful and in
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`violation of Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C.
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`§§ 621 et seq.;
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`B. All damages which Plaintiff has sustained as a result of Defendant’s conduct,
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`including back pay, front pay, benefits, general and specific damages for lost
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`compensation, and job benefits she would have received but for Defendant’s
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`discriminatory practices, and for emotional distress, humiliation, embarrassment, and
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`anguish;
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`ORIGINAL COMPLAINT
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`C. Exemplary and punitive damages in an amount commensurate with Defendant’s
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`ability and so as to deter future malicious, reckless, and/or intentional conduct;
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`D. Awarding Plaintiff the costs and disbursements incurred in connection with this
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`action, including reasonable attorneys’ fees, expert witness fees and other costs;
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`E. Pre-judgment and post-judgment interest, as provided by law;
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`F. That the Court retain jurisdiction over Defendant until such time as it is satisfied that
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`they have remedied the practices complained of and are determined to be in full
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`compliance with the law; and
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`G. Granting Plaintiff other and further relief as this Court finds necessary and proper.
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`Plaintiff also seeks injunctive relief, including, but not limited to:
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`H. Training on the subject of employment discrimination for all of Defendant’s
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`employees;
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`I. Implicit bias training for all managers conducted by reputable outside vendors;
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`J. Supervisory discipline up to and including termination for any supervisor who engages
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`in unlawful discrimination;
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`K. Active monitoring of the work areas to ensure compliance with discrimination
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`policies;
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`L. Monitoring by the Court or a federal agency to ensure that Defendant complies with
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`all injunctive relief; and
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`Plaintiff further demands that she be awarded such other and further legal and equitable
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`relief as may be found appropriate and as the Court may deem just or equitable.
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`ORIGINAL COMPLAINT
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`Case 2:20-cv-00237-Z Document 1 Filed 10/15/20 Page 7 of 7 PageID 7Case 2:20-cv-00237-Z Document 1 Filed 10/15/20 Page 7 of 7 PageID 7
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`Dated: October 15, 2020
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`Respectfully submitted,
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`________________________
`Jay D. Ellwanger
`Texas State Bar No. 24036522
`jellwanger@equalrights.law
`David W. Henderson
`Texas State Bar No. 24032292
`dhenderson@equalrights.law
`Ellwanger Law LLLP
`400 S. Zang Blvd. Ste. 1015
`Dallas, TX 75208
`Telephone: (469) 998-6775
`Facsimile: (469) 998-6775
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`7
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`ORIGINAL COMPLAINT
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