`
`IN THE UNITED STATES DISTRICT COURT FOR
`THE EASTERN DISTRICT OF VIRGINIA
`Richmond Division
`
`DOMONIC A. DAVIS,
`
`Plaintiff
`
`v.
`
`Case No.
`
`3:21cv792
`
`JURY TRIAL DEMANDED
`
`McKESSON MEDICAL-SURGICAL, INC.,
`a Virginia corporation,
`
`Defendant
`
`Serve: Corporation Service Co.
`100 Shockhoe Slip, 2nd Floor
`Richmond, Virginia 23219-4100
`
`COMPLAINT
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`COMES NOW the Plaintiff, Domonic A. Davis (“Plaintiff” or “Mr. Davis”), by counsel,
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`and as and for his Complaint against the Defendant, McKesson Medical-Surgical, Inc.
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`(“Defendant” or “McKesson”) states as follows:
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`Parties
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`1.
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`Plaintiff is a natural person and a resident of the Commonwealth of Pennsylvania.
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`Plaintiff is an African-American male.
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`2.
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`Defendant is a Virginia corporation with its principal office location being in
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`Henrico County, Virginia. Defendant “is a medical distributor offering medical supplies,
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`healthcare solutions, distribution services and clinical resources.” See https://mms.mckesson.com/
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`
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`Case 3:21-cv-00792-DJN Document 1 Filed 12/17/21 Page 2 of 6 PageID# 17
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`Jurisdiction and Venue
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`3.
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`This civil action arises under the laws of the United States, specifically, Title VII
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`of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. At all relevant times, Defendant has
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`employed more than fifteen persons. Jurisdiction is proper in this Court.
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`4.
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`Venue is proper in this District and Division because the Defendant conducts
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`business within Henrico County, Virginia and the events complained of herein took place within
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`Henrico County, Virginia.
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`Exhaustion of Administrative Remedies
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`5.
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`Prior to instituting this civil action, Plaintiff timely filed an administrative claim
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`with the Richmond office of the Equal Employment Opportunity Commission (“EEOC”). See
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`Exhibit 1.
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`6.
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`On or about September 21, 2021, the EEOC issued a “right to sue” letter to
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`Plaintiff after failing to resolve the Plaintiff’s administrative claim, with Plaintiff receiving such
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`notice thereafter. See Exhibit 2. Plaintiff has filed the instant civil action within ninety (90) days
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`of his receipt of the notice authorizing him to file this civil action in federal or state court.
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`Facts and Background
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`7.
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`Plaintiff began employment with Defendant on or about November 14, 2016 as an
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`inside sales representative. At that time, Plaintiff worked out of Defendant’s office in New
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`Jersey. As an inside sales representative, Plaintiff’s duties included communicating with
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`Defendant’s customers to sell Defendant’s medical supply products. As a part of Plaintiff’s job
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`duties, he was expected to be knowledgeable about Defendant’s medical supply products and to
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`be able to make product recommendations to Defendant’s customers based upon customer needs
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`and Plaintiff’s knowledge of Defendant’s products.
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`2
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`Case 3:21-cv-00792-DJN Document 1 Filed 12/17/21 Page 3 of 6 PageID# 18
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`8.
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`At all relevant times, Plaintiff was a member of a team of inside sales
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`representatives.
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`9.
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`At all relevant times, Defendant made what was referred to as a “sample account”
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`available to members of Plaintiff’s inside sales representative team. The sample account, inter
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`alia, was used by members of the team to send samples of Defendants’ products to customers.
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`10.
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`At all times during Plaintiff’s employment up until September 23, 2020, members
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`of the inside sales representative team commonly ordered medical supplies for personal use
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`and/or use by family or friends. Such usage of the sample account was common and openly
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`known among the team as well, upon information and belief, outside of the team within
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`Defendant.
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`11.
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`Plaintiff understood usage of the sample account to be a benefit of working for
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`Defendant on the inside sales representative team, as well as a means by which inside sales
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`representatives gained knowledge and familiarity with Defendant’s products, which was
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`necessary in order for team members to perform their job duties. Upon information and belief
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`and based upon Plaintiff’s discussions with other team members, this understanding was
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`common among members of the team.
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`12.
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`On or about July 1, 2020, Plaintiff’s team was transferred from Defendant’s
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`Moorestown, New Jersey office to Defendant’s principal office in Henrico County, due to a
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`corporate restructuring in which Defendant closed the New Jersey office. Due to the ongoing
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`COVID-19 pandemic and the nature of his employment, Plaintiff largely worked from his home
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`in Pennsylvania but obtained an apartment in Richmond for his use when he needed to be
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`physically present at the Henrico County office.
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`3
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`Case 3:21-cv-00792-DJN Document 1 Filed 12/17/21 Page 4 of 6 PageID# 19
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`13.
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`On or about September 23, 2020, manager Steve Amadio sent out an email to the
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`team stating that team members could no longer use the sample account for personal use without
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`managerial approval. As of September 23, 2020, Plaintiff accordingly ceased any use of the
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`sample account for personal use.
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`14.
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`At no time prior to September 23, 2020 did Defendant advise Plaintiff that
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`personal use of the sample account was inappropriate and Plaintiff had received no warnings
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`about his usage of the sample account from Defendant, whether formal or informal. Prior to
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`September 23, 2020, personal usage of the sample account was common among members of the
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`inside sales representative team.
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`15.
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`Approximately three weeks subsequent to September 23, 2020, Defendant’s
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`Director of Investigations, Global Security and Safety, Michael McKinney (“Mr. McKinney”)
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`contacted Plaintiff and other members of the team regarding usage of the sample account. During
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`the course of his investigation, Mr. McKinney held individual interviews with Plaintiff and other
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`team members. During Plaintiff’s interview with Mr. McKinney, Plaintiff was forthright about
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`his usage of the sample account and offered to pay Defendant any and all monies it claimed were
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`due and owing by virtue of Plaintiff’s use of the account.
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`16.
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`Following Mr. McKinney’s investigation, on or about November 9, 2020,
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`Defendant terminated two team members—Plaintiff and another African-American male—for
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`the stated reason of unauthorized use of the sample account and/or employee theft. Other team
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`members who were not African-American and who had also used the sample account for
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`personal purposes were not terminated.
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`17.
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`Prior to his termination, Plaintiff had been one of the top producers on his team
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`and had received consistently positive performance reviews.
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`4
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`Case 3:21-cv-00792-DJN Document 1 Filed 12/17/21 Page 5 of 6 PageID# 20
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`18.
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`Plaintiff was treated in a disparate and discriminatory manner in comparison to
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`similarly-situated co-workers outside of his protected class (African-American) in that he and
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`another African-American male were terminated, while those outside of the protected class were
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`not terminated, despite engaging in similar behavior.
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`Count I--Discrimination in Violation of Title VII of the Civil Rights Act of 1964
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`19.
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`Plaintiff incorporates by reference the allegations of Paragraphs One through
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`Eighteen as if set out in full herein.
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`20.
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`Defendant discriminated against Plaintiff with regard to the terms and conditions
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`of his employment, specifically, with regard to his termination, due to his race.
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`21.
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`The termination, of Plaintiff constituted a violation of Title VII of the Civil Rights
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`Act of 1964, 42 U.S.C. § 2000e, et seq.
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`22.
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`The Defendant’s conduct was motivated by malice, spite and ill will; was willful
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`and wanton, and evinced conscious disregard for the rights of Plaintiff.
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`23.
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`As a direct and proximate result of the Defendant’s actions, Plaintiff has suffered
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`and continues to suffer economic and non-economic damages, including lost back pay, lost front
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`pay, lost benefits and other wages, emotional distress and attorney’s fees and costs. Due to the
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`severity of Defendant’s conduct, Plaintiff is also entitled to punitive damages.
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`WHEREFORE, the Plaintiff, Domonic A. Davis, by counsel, prays that this honorable
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`Court grant him such relief to which he is entitled including, but not limited to, lost back pay,
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`loss of front pay, compensatory damages, nominal damages and punitive damages, as well as
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`pre- and post-judgment interest, attorney’s fees and litigation costs and such other relief as
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`deemed just and proper.
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`5
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`
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`Case 3:21-cv-00792-DJN Document 1 Filed 12/17/21 Page 6 of 6 PageID# 21
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`PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES SO TRIABLE
`
`DOMONIC A. DAVIS
`
`___/s/Steven B. Wiley_____________
`Steven B. Wiley (VSB No. 47531)
`WILEY LAW OFFICES, PLLC
`440 Monticello Ave., Suite 1817
`Norfolk, Virginia 23510
`(757) 955-8455
`(757) 319-4089 facsimile
`swiley@wileylawoffices.com
`
`Counsel for Plaintiff
`
`6
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