Case 4:21-cv-04211 Document 1 Filed on 12/29/21 in TXSD Page 1 of 9
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`IN THE UNITED STATES DISTRICT COURT
`SOUTHER DISTRICT OF TEXAS
`HOUSTON DIVISION
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` AUDREY TRUSSELL,
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` Plaintiff,
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`v.
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`COMMONSPIRIT HEALTH
`ST. JOSEPH MANOR ASSISTED LIVING, §
`ST. JOSEPH HEALTH SYSTEM, AND §
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` Defendant. §
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`__________________________________________§
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`PLANTIFF’S ORIGINAL COMPLAINT
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`A. Parties
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`1. Plaintiff Audrey Trussell is a resident of Brazos County, Texas.
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`2. St. Joseph Manor Assisted Living, St. Joseph Health System, and
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`CommonSpirit Health are Texas based entities, who may be served by serving its registered
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`agent, C T Corporation System, at 1999 Bryan St., Ste. 900, Dallas, Texas, 75201-3136.
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`B. Jurisdiction and Venue
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`3. This Court has jurisdiction over the subject matter of this action under 42 U.S.C.
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`§1983 and 28 U.S.C. §1331.
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`4. Venue is proper in this district under 42 U.S.C. §2000e-5(f)(3) because the alleged
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`unlawful employment practice was committed in this district. Plaintiff was employed and
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`worked for Defendant in Brazos County, Texas and was discriminated against in violation of
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`Title VII, 42 U.S.C. § 2000e-2(a) while employed with Defendant and working for it in Brazos
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`County, Texas. It was here where the Plaintiff was subjected to the discriminatory and/or
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`retaliatory actions that were described in her EEOC charge and set forth in this petition. Venue is
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`proper in this district under 42 U.S.S. §2000e-5(f)(3) because based on information and belief
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`the employment records relevant to the alleged unlawful employment practice are maintained
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`and administered in this district.
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`C. Exhaustion of Administrative Remedies
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`5. Plaintiff timely filed a charge of discrimination against defendant with the Equal
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`Opportunity Employment Commission (EEOC). Plaintiff files this complain within 90 days after
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` receiving a notice of the right to sue from the EEOC. A copy of the notice of the right to sue is
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`attached as Exhibit A.
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`6. All conditions precedent to the institution of this action have been fulfilled.
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`D. Statement of Facts
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`7. Plaintiff worked for St. Joseph Manor Assisted Living in 2016. Since that time, she
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`never had any adverse performance or disciplinary actions. St. Joseph Manor Assisted Living is a
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`part of the St. Joseph Health System and CommonSpirit Health.
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`8. The Plaintiff is a member of the Gathering of Christ Church in which one of their
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`beliefs is that the body is a temple of the Holy Spirit and should not be contaminated with
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`unclean animals.
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`9. The religion does not believe in placing foreign substances into their body that are
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`produced by unclean animals. Many vaccines are made from the blood of diseased animals,
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`decomposed animal parts and are not clean or sterile.
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`10. The Defendant was aware of the Plaintiff’s religion. The Plaintiff had a religious
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`vaccine exemption with the Defendant since 2018. Furthermore, the Plaintiff’s supervisor,
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`Felicia Thomas, spoke to Plaintiff about her religion on several occasions.
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`11. The Plaintiff took her first COVID test for the Defendant on or around April 9, 2020,
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`after being told that there was nothing on the cotton swap and therefore nothing was being placed
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`into her body.
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`12. The Plaintiff was later informed there may be substances on the cotton swab when the
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`test is performed.
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`13. On May 11, 2020, Governor Greg Abbott directed that 100 percent of staff and
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`residents in Texas Nursing facilities be tested for SARS-CoV-2 (COVID), the virus that caused
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`COVID-19.
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`14. The Defendant then put into place a policy which would require the Plaintiff to be
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`retested.
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`15. On or about May 17, 2020, Plaintiff requested additional information from the
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`Defendant about the test to ensure sure she was not committing sin in her religion due to possible
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`substances being on the cotton swab.
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`16. On or about May 22, 2020, Kathryn Adams called the Plaintiff to discuss the issues.
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`However, instead of giving the information to the Plaintiff for her to make an informed decision
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`regarding the COVID test, she told her she would be terminated due to her refusal to take the
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`COVID test and due to her religion.
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`17. Kathryn Adams then followed up with a very different email stating that the Plaintiff
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`refused to take the test and she had until May 27, 2020, to apply for another position, take the
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`test or be terminated.
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`18. On or about May25, 2020, before the deadline, the Plaintiff was escorted from the
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` building during her shift and terminated.
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`19. Even after her termination, the Plaintiff received communications from a co-worker
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`that the Defendant discussed the reason for the Plaintiff’s termination was due to her
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`religion.
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`20. The effect of St. Joseph’s unlawful employment practices complained of herein has
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`been to deprive the Plaintiff of equal employment opportunities and otherwise adversely affect
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`her status as an employee based on religion, and because she engaged in activity protected by
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`Title VII.
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`21. As a result of St. Joseph’s unlawful actions, Plaintiff suffered pecuniary, non-
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`pecuniary, and other loses and damages.
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`22. The unlawful employment practices complained of above were intentional.
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`23. The unlawful employment practices complained above were done with malice and/or
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` reckless indifference to Plaintiff’s federally protected rights.
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`Causes of Action
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`A. RELIGIOUS DISCRIMINATION
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`24. Plaintiff repeats and re-alleges all of the above paragraphs, the same as if fully set
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` forth herein.
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`25. Defendant is an employer and Plaintiff is an employee within the meaning of Title
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`VII of the Civil Rights Act of 1964, as amended (“Title VII”).
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`26. Plaintiff is a member of the Gathering of Christ Church which does not allow certain
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`medical procedures such as COVID testing.
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`27. Plaintiff was otherwise qualified to perform her position with the Defendant.
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`28. The Defendant discriminated against the Plaintiff because of Plaintiff’s religious
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`beliefs in violation of Title VII.
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`29. Defendant terminated Plaintiff from Plaintiff’s position with Defendant because of
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`Plaintiff’s religion in violation of Title VII.
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`30. Defendant’s discrimination was willful, malicious and made with reckless disregard
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`for Plaintiff’s rights.
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`31. Defendant’s religious discrimination caused Plaintiff to suffer severe stress, mental
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`anguish, emotional pain, suffering and loss of enjoyment of life.
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`32. Defendant is liable for back pay, front pay, punitive damages, compensatory
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`damages, reasonable attorney’s fees and costs.
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`B. RETALIATION
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`33. Plaintiff repeats and re-alleges all of the above paragraphs, the same as if fully set
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`forth herein.
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`34. Defendant is an employer and Plaintiff is an employee within the meaning of Title
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`VII.
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`35. Plaintiff engaged in activity protected by Title VII (opposing unlawful employment
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`practices and making complaints of religious discrimination).
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`36. Plaintiff was subject to an adverse employment action in that the Defendant
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`terminated Plaintiff from Plaintiff’s position in retaliation for exercising Plaintiff’s rights under
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`Title VII (opposing unlawful employment practices and making complaints of religious
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`discrimination) in violation of Title VII.
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`37. A causal link exists between the protected activity and the adverse employment
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`action.
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`38. Defendants’ alleged justification for Plaintiff’s termination was pretext for retaliation
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`in violation of Title VII.
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`39. Under Title VII, Defendant is liable for retaliation.
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`40. Defendant’s relation was willful, malicious, and made with reckless disregard for
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`Plaintiff’s rights.
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`41. Defendant’s retaliation caused Plaintiff to suffer severe stress, mental anguish,
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`emotional pain, suffering and loss of enjoyment of life.
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`42. Defendant is liable for back pain, front pay, punitive damages, compensatory
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`damages, reasonable attorney’ fees and costs.
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`Inconsistent Causes of Action
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`43. To the extent that any causes of action or theories pled by Plaintiff are deemed
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`inconsistent, said inconsistent causes of action and/or theories are intended be pled “In the
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`Alternative.”
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`WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be cited to
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`Prayer for Relief
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`appear and answer herein, and that on final trial Plaintiff have the following:
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`a. Award Plaintiff back pay and front pay.
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`b. Award Plaintiff compensatory damages, including mental anguish damages.
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`c. Award Plaintiff punitive or exemplary damages.
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`d. Award Plaintiff general, actual and consequential damages.
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`e. Award Plaintiff prejudgement and post-judgement interest as provided by law.
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`f. Award Plaintiff cost of suit and reasonable attorney’s fees.
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`g. Award Plaintiff such other and further relief to which Plaintiff is justly entitled.
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`Respectfully submitted,
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`/s/ Gigit Tyler
`Gigit Tyler
`Counsel for Plaintiff
`State Bar No: 24095869
`Tyler & Maderer PLLC
`8900 Eastloch Dr #215
`Spring, TX 77379
`(832) 761-7773
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`Jury Trial Demand
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`The Plaintiff requests a jury trial on all questions of fact raised by this Complaint that are triable
`to a jury.
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`Registered Agent for Service of Process:
`C T Corporation System
`999 Bryan St., Ste. 900
`Dallas, Texas, 75201-3136.
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`Donatella Yelda, Paralegal
`CommonSpirit Health
`185 Berry St
`STE 200 LBBY 2
`San Fancisco, CA 94107
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`Elizabeth McNamee
`CommonSpirit Health
`198 Inverness Dr W
`Englewood CO 80112
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`Case 4:21-cv-04211 Document 1 Filed on 12/29/21 in TXSD Page 8 of 9
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`EXHIBIT
`A
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`AOOOO
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`The facts alleged in the chargefail to state a claim under anyof the statutes enforced by the EEOC.
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`Yourallegations did not involve a disability as defined by the Americans With Disabilities Act.
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`The Respondent employs less than the required number of employeesor is not otherwise covered bythe statutes.
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`timely filed with EEOC;
`Your charge was not
`discrimination to file your charge
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`in other words, you waited too long after the date(s) of the alleged
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`The EEOC issues the following determination: The EEOC will not proceed further with its investigation, and makes no
`determination about whether further investigation would establish violations of the statute. This does not mean the claims
`have no merit. This determination does not certify that the respondent is in compliance with the statutes. The EEOC
`makesnofinding as to the merits of any other issues that might be construed as having been raised by this charge.
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`The EEOC has adopted thefindings of the state or local fair employment practices agency that investigated this charge.
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`Case 4:21-cv-04211 Document1 Filed on 12/29/21 in TXSD Page 9 of 9
`EEOC Form 161(11/2020)
`U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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`DISMISSAL AND NOTICE OF RIGHTS
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`To: Audrey K. Trussell
`1918 Briar Oaks Dr. Apt. D
`Bryan, TX 77802
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`From: Houston District Office
`Mickey Leland Building
`1919 Smith Street, 7th Floor
`Houston, TX 77002
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`[|
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`EEOC Charge No.
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`On behalfofperson(s) aggrieved whoseidentity is
`CONFIDENTIAL (29 CFR §1601.7(a))
`EEOC Representative
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`460-2020-05735
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`DeAnna Brooks-Torres,
`Investigator
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`Telephone No.
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`(346) 327-7727
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`THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:
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`LT Other (briefly state)
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`- NOTICE OF SUIT RIGHTS-
`(See the additional information attached tothis form.)
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`Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age
`Discrimination in EmploymentAct: This will be the only notice of dismissal and of your right to sue that we will send you.
`You mayfile a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your
`lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based onthis chargewill be
`lost.
`(The timelimit forfiling suit based on a claim understate law maybedifferent.)
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`Equal Pay Act (EPA): EPA suits must befiled in federal or state court within 2 years (3 yearsfor willful violations) of the
`alleged EPA underpayment. This means that backpay duefor any violations that occurred more than 2 years (3 years)
`before youfile suit may not be collectible.
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`On behalf of the Commission_,
`' Digitally signed by DeAnna Brooks-Torres
`DeAn Na B rooks-Torres. Date: 2021,09.30 12:16:46 -05'00'
`Rayford O.Irvin,
`(Date Issued)
`District Director
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`Lowell Keig, Director
`Texas Workforce Commission Civil Rights Division
`101 East 15" St.
`Room 144T
`Austin, TX 78778
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`Enclosures(s)
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`cc:
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`Donatella Yelda, Paralegal
`CommonSpirit Health
`185 BERRY ST
`STE 200 LBBY 2
`San Francisco, CA 94107
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`Elizabeth McNamee,
`CommonSpirit Health
`198 INVERNESS DR W
`Englewood, CO 80112
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