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Title:Long v. Rubin - White IRS Employee's Files Race Discr.

Suit
From: woherty
Posted on: !hu "ct #$ %&'()'(* %))+
Abstract:
"ctober %, %))+ ---------------------------------------
I. !/E 0.I!ED S!1!ES DIS!RI2! 2"0R!
F"R !/E S"0!/ER. DIS!RI2! "F !E31S
/"0S!". DI4ISI".
5E..IFER 5. L".6
7lainti88
4.
R"9ER! E. R09I., Secretary o8
!he !reasury, an
DE9"R1 :ELL"06/, 1n Iniviual,
De8enants.
2I4IL 12!I". .". /-)+-($()
1 5ury Is Re;ueste
7L1I.!IFF L".6'S "RI6I.1L 2"<7L1I.!
5enni8er 5. Long, plainti88, 8iles this original complaint, stating claims
8or relie8 as 8ollows.
%.
5urisiction an 4enue
%.% !his is an action arising uner the laws o8 the 0nite States o8
1merica, in particular !itle 4II o8 the 2ivil Rights 1ct o8 %)&*, as
amene, *$ 0.S.2. = $###e-%&, an the 2ivil Rights 1ct o8 %))%, *$
0.S.2. = %)>%a.
%.$ !he ?urisiction o8 this court is invo@e pursuant to the provisions
o8 !itle 4II, *$ 0.S.2. == $###e-A an $###e-%&BcC, an the general
civil rights ?urisictional provisions o8 $> 0.S.2. = %(*(BaCB*C.
%.( 2laims also are state uner the common law o8 the State o8 !eDas
against the iniviual e8enant.
%.* !he supplemental ?urisiction o8 this court is invo@e pursuant to
$> 0.S.2. = %(&+ over the State law claims which are so relate to
8eeral claims in the action that they 8orm part o8 the same case or
controversy uner 1rticle III o8 the 2onstitution o8 the 0nite States o8
1merica.
$.
.ature o8 the 1ction an Relie8 Sought
$.% !his is an employment iscrimination case by a 8eeral employee
alleging a continuing series o8 iscriminatory conuct against her
because o8 her race an age an because o8 her having complaine
about unlaw8ul iscrimination an participate in 8ormal proceeings
to protest such unlaw8ul iscrimination.
$.$ !his also is an action uner the common law o8 the State o8 !eDas
8or assault, invasion o8 privacy, 8alse light an intentional in8liction o8
emotional istress.
$.( 7lainti88 see@s a eclaration that the acts o8 the e8enant agency
intentionally an unlaw8ully iscriminate against her because o8 her
race an age an in retaliation 8or opposing such iscrimination,
appropriate in?unctive relie8, lost pay, compensatory an punitive
amages.
$.* 7lainti88 aitionally, an inepenent o8 the claims against the
government agency, see@s appropriate in?unctive relie8 an
compensatory an punitive amages against the iniviual e8enant.
(.
!he 7arties
(.% 5enni8er 5. Long, plainti88, is an ault 8emale citiEen o8 the 0nite
States an the State o8 !eDas, who is more than *# years o8 age, a
resient o8 /ouston, !eDas, an at all times material to this action an
at the present time was an is an employee in /ouston, !eDas, o8 the
Internal Revenue Service o8 the 0nite States Department o8 the
!reasury.
(.$ Robert E. Rubin, Secretary o8 the !reasury, is the hea o8 the
Department o8 the !reasury, an agency o8 the 0nite States o8
1merica. Service upon him may be ha by serving 6aynelle 6. 5ones,
0nite States 1ttorney 8or the Southern District o8 !eDas, )%# !ravis
Street - Suite %A##, /ouston, !eDas, by serving by certi8ie 0nite
States mail 5anet Reno, 1ttorney 6eneral o8 the 0nite States, A%%%
<ain 5ustice 9uiling, !enth Street an 2onstitution 1venue, ..W.,
Washington, D.2. $#A(#, an by serving Secretary Rubin by certi8ie
0nite States mail at Department o8 the !reasury, (((# <ain !reasury
9uiling, %A## 7ennsylvania 1venue, ..W., Washington, D.2. $#$$#.
(.( Debora :ellough is an 18rican-1merican citiEen o8 the 0nite
States, resiing in /ouston, !eDas, an at times material to this action
an at the present time <anager o8 6roup %&#(, EDamination Division,
/ouston District "88ice, Internal Revenue Service, an, as such, the
immeiate supervisor o8 <s. Long, the plainti88. <s. :ellough, who is
sue herein in her iniviual capacity, may be serve at her o88ice,
Suite %+$*, Lelan Feeral 9uiling, %)%) Smith Street, /ouston, !eDas
++##$.
*.
Facts
*.% De8enant has maintaine, ac;uiesce in the maintaining o8, or
8aile to ta@e appropriate re;uire action to eliminate a general an
consistent pattern an practice o8 racial iscrimination by 18rican-
1merican managers an supervisors against White employees in the
/ouston o88ices o8 the Internal Revenue Service.
*.$ Such pattern an practice has been consistently mani8este 8or at
least the two years preceing the 8iling o8 plainti88's aministrative
complaint by the 8ollowing acts an others'
*.$.% White employees being sub?ecte to unwarrante criticism an
isparagement o8 their wor@ by 18rican-1merican supervisors.
*.$.$ 18rican-1merican supervisors sub?ecting White employees to
harsh an unreasonable per8ormance stanars not generally applie
an not consistent with applicable personnel practices an
regulations.
*.$.( White employees being sub?ecte to threats an harassment at
wor@ by their 18rican-1merican supervisors.
*.$.* 1buse o8 authority by 18rican-1merican supervisors to sub?ect
White employees to humiliation, embarrassment an invasion o8 their
privacy.
*.$.A 18rican-1merican supervisors sub?ecting White employees to
harsher iscipline than accore 18rican-1merican employees 8or the
same or comparable allege misconuct.
*.$.& Sub?ecting oler White employees to pressure an coercion to
abanon employment with the agency.
*.( 2onsistent with an pursuant to that general policy an practice,
plainti88 was iscriminate against because o8 her race an age in the
8ollowing respects, as characteriEe by e8enant in a letter ate
5uly $, %))+, responing to plainti88's aministrative complaint o8
iscrimination an retaliation'
*.(.% "n <ay $*, %))&, she was verbally harasse by her supervisor
an tol that a 6rae %% 1gent woul be accompanying her on her
neDt auit appointment.
*.(.$ "n 5une %$, %))&, her supervisor noti8ie her that she was giving
her a rating o8 F$F on a case review.
*.(.( "n 5une %+, %))&, her supervisor contacte her twice by
telephone 8or in8ormation to pass along to another 1gent, that was
never passe along.
*.(.* "n 5une $#, %))&, she was noti8ie by her supervisor that her
evaluation narrative woul be ba.
*.(.A "n 5une $&, %))&, she was out on sic@ leave an her supervisor
Fmesse withF her.
*.(.& "n 5uly %>, %))&, her supervisor screame at her an calle her
a laEy stupi liar.
*.(.+ "n 1ugust ), %))&, plainti88 was re8use union representation by
her supervisor uring a meeting regaring her evaluation.
*.(.> "n 1ugust $), %))&, her supervisor entere into a screaming
match uring a wor@loa review. !he supervisor was @eeping a secret
Employee File on plainti88 an re8use to share it with her.
*.(.) "n 1ugust (#, %))&, plainti88 was enie union representation by
the 1ssistant District Director uring a wor@loa review meeting.
*.(.%# "n "ctober %&, %))&, her supervisor state she woul reauit
one o8 the plainti88's cases an prepare a review.
*.(.%% "n "ctober $$, %))&, her supervisor threatene to use a
bargaining unit reviewers' comments in the plainti88's evaluation.
*.(.%$ "n "ctober $(, %))&, plainti88 receive F%'s, $'s an a (F on a
review.
*.(.%( "n "ctober $*, %))&, her supervisor calle her union
representative an as@e him not to say anything ba about her to the
1ssistant 2hie8, EDamination.
*.(.%* "n "ctober (%, %))&, her supervisor calle 8our times regaring
travel vouchers.
*.(.%A "n .ovember %, %))&, her supervisor harasse her while on sic@
leave, an sent an inspector to her resience.
*.(.%& "n December %>, %))&, plainti88 receive a isciplinary action
letter an was remove 8rom 8leDiplace.
*.(.%+ "n February %(, %))+, plainti88 receive a letter o8 repriman.
*.* !he above speci8ie acts an others constitute a continuing
pattern o8 conuct which create an o88ensive an hostile wor@ing
environment an inter8ere with the plainti88's ability to per8orm her
assigne uties.
*.A 7lainti88 complaine o8 the acts against her, but coul obtain no
relie8.
*.& 9ase on aitional in8ormation an counsel obtaine by the
plainti88, plainti88 reasonably conclue in February, %))+, that the
conuct constitute a continuing violation o8 her rights to be 8ree
8rom iscrimination in the terms an conitions o8 her employment
because o8 her race an age.
*.+ "n or about February %%, %))+, plainti88 sought counseling 8rom an
agency-esignate e;ual employment opportunity counselor, in
accorance with the applicable regulations.
*.> 18ter the counselor was unable to resolve her concerns, plainti88
8ile a 8ormal complaint o8 race an age iscrimination an retaliation
on or about 1pril *, %))+, within the time provie by applicable law
an regulations.
*.) "n or about 5uly $, %))+, e8enant noti8ie plainti88 that
although one aspect o8 her complaint ha been accepte 8or 8urther
processing the e8enant was ismissing the complaint inso8ar as the
conuct set 8orth above in paragraph *.( an the subparagraphs
8ollowing.
*.%# !he ismissal o8 the complaint inso8ar as the conuct set 8orth
above in paragraph *.( an the subparagraphs 8ollowing constitute
the 8inal agency aministrative action on that part o8 the plainti88's
complaint.
*.%% !his suit is being brought within )# ays o8 the receipt by
plainti88 o8 notice o8 such 8inal agency aministrative action on that
part o8 her 8ormal complaint.
*.%$ !he continuing course o8 plainti88's conuct as set 8orth in part in
G *.(, above, proDimately has amage plainti88 by increase
inconvenience an eDpense in per8orming her assigne uties, by
epriving plainti88 o8 opportunities 8or pro8essional avancement an
higher pay, by sub?ecting the plainti88 to humiliation an emotional
istress, by amaging plainti88's personal reputation, by amaging
plainti88's pro8essional reputation, an by aversely a88ecting plainti88's
earning capacity.
*.%( De8enant has acte an continues to iscriminate an retaliate
against the plainti88 because o8 plainti88's race an age an plainti88's
opposition to such iscrimination an participation in the
aministrative process to en such iscrimination, with malicious
intent an in rec@less isregar o8 plainti88's rights.
*.%* 7lainti88 was re;uire to obtain the services o8 the unersigne
attorney an his law 8irm to protect an vinicate the rights to e;ual
employment opportunity secure to plainti88 by law.
*.%A Within the two years immeiately preceing the 8iling o8 this
complaint, Debora :ellough intentionally, maliciously an in rec@less
isregar o8 plainti88's rights an wel8are'
*.%A.% /as attempte to provo@e a physical con8rontation an place
plainti88 in 8ear o8 imminent physical anger.
*.%A.$ /as sub?ecte plainti88 to eDtreme emotional istress by
conuct which was unreasonable, unwarrante an outrageous, an in
no way relate to any iscretionary authority o8 <s. :ellough's or to
any purpose or ob?ective o8 the Internal Revenue Service.
*.%A.( /as without cause or ?usti8ication invae an cause to be
invae the seclusion an solitue o8 plainti88's resience by an
unannounce an unwarrante eman o8 access to plainti88's
resience by agency personnel.
*.%A.* /as cause plainti88 to be 8alsely consiere as criminal,
ishonest, laEy an incompetent by general issemination o8
allegations involving the plainti88 to iniviuals who ha no nee or
?usti8ication to @now o8 the allegations, an with the @nowlege that
the allegations were 8alse.
*.%& !he acts o8 Debora :ellough proDimately have cause substantial
loss, su88ering, humiliation, emotional istress an other amages to
plainti88 in the past an in the 8uture.
*.%+ 9ecause the conuct o8 <s. :ellough was accomplishe with
malicious intent an in rec@less isregar o8 plainti88's rights, plainti88
shoul recover punitive amages 8rom <s. :ellough.
A.
First 2laim 8or Relie8
Employment Discrimination
2ivil Rights 1cts o8 %)&* an %))%
A.% De8enant has iscriminate against plainti88 in the terms an
conitions o8 plainti88's employment because o8 plainti88's race an
age, because plainti88 oppose unlaw8ul iscrimination by e8enant,
an because plainti88 participate in the aministrative process o8
en8orcing the prohibitions against employment iscrimination, all in
violation o8 !itle 4II o8 the 2ivil Rights 1ct o8 %)&*, as amene by the
2ivil Rights 1ct o8 %))%.
&.
Secon 2laim 8or Relie8
!eDas Law - 1ssault
&.% 9y intentional conuct placing plainti88 in 8ear o8 imminent
physical harm, <s. :ellough assaulte plainti88, 8or which <s. :ellough
is liable 8or amages uner !eDas law, an plainti88 has no means o8
relie8 8or such amages uner 8eeral law.
+.
!hir 2laim 8or Relie8
!eDas Law - Intentional In8liction o8 Emotional Distress
+.% 9y intentional outrageous conuct with the intent to cause
plainti88 eDtreme emotional istress, which conuct i cause eDtreme
emotional istress, to plainti88's substantial amage, <s. :ellough
tortiously intentionally in8licte emotional istress on plainti88, 8or
which <s. :ellough is liable 8or amages uner !eDas law, an plainti88
has no means o8 relie8 8or such amages uner 8eeral law.
>.
Fourth 2laim 8or Relie8
!eDas Law - Invasion o8 7rivacy
>.% 9y emaning access to plainti88's resience, without
announcement or ?usti8ication, an with the speci8ic intent to isturb,
threaten an scare plainti88 an invae the seclusion an solitue o8
plainti88's resience, <s. :ellough tortiously invae the privacy o8
plainti88, 8or which <s. :ellough is liable 8or amages uner !eDas law,
an plainti88 has no means o8 relie8 8or such amages uner 8eeral
law.
).
Fi8th 2laim 8or Relie8
!eDas Law - False Light
).% 9y intentionally an rec@lessly isseminating or allowing to be
isseminate allegations about plainti88 to iniviuals with no reason
to @now o8 such statements, an with the @nowlege that the
statements untruth8ully suggeste that plainti88 ha engage in acts
constituting criminal conuct, or that plainti88 is not an honest an
truth8ul person, or that plainti88 is laEy, or that plainti88 has
emonstrate an inability to ae;uately per8orm the uties o8 her
position an is incompetent, <s. :ellough tortiously place plainti88 in
a 8alse light, 8or which <s. :ellough is liable in amages uner !eDas
law, an plainti88 has no means o8 relie8 8or such amages uner
8eeral law.
7rayer
1ccoringly, plainti88 prays that e8enants be cite to appear an
answer in this action, an that upon the evience, 8ining o8 the ?ury
an applicable law, the court enter ?ugment'
%. Declaring that the e8enant agency has maintaine an maintains
in the /ouston o88ices o8 the Internal Revenue Service a policy an
practice o8 racial iscrimination by 18rican-1merican managers an
supervisors against White employees.
$. Directing the agency by appropriate in?unctive orers to eliminate
such policy an practice.
(. Directing the agency to ta@e speci8ic corrective action 8or the
iscrimination an retaliation o8 plainti88 in the past an protecting
plainti88 8rom 8urther acts o8 iscrimination an retaliation in the
8uture.
*. 1waring plainti88 bac@ pay, compensatory amages an punitive
amages against the agency.
A. 1waring plainti88 compensatory an punitive amages against <s.
:ellough.
&. Determining an awaring a reasonable attorney's 8ee an the costs
an eDpenses o8 this action to plainti88 an her counsel against the
agency, an proviing 8or interim payment in the case o8 an appeal o8
the ?ugment by the agency.
+. Incluing pre?ugment an post?ugment interest as provie by
law.
>. 1ll other relie8 to which plainti88 shows hersel8 entitle at law or in
e;uity.
Respect8ully submitte,
HHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
Davi !. LopeE
!eDas 9ar .o. %$A&(###
1ttorney-in-2harge 8or 7lainti88
()## <ontrose 9oulevar
/ouston, !eDas ++##&-*)A)
!elephone' +%(-A$(-()##
!elecopier' +%(-A$(-()#>
Deman 8or 5ury
5enni8er 5. Long, plainti88, eDercises her right uner the 0nite States
2onstitution an applicable statutes an rules an re;uests that all
issues o8 8act in this action be etermine by a ?ury.
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