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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN PAMELA WILLIS TURNER Plaintiff, v. CITY OF DETROIT Defendant. __________________________________________________________________________/ Alice B. Jennings (P29064) EDWARDS & JENNINGS, PC Attorneys for Plaintiff 65 Cadillac Square, Suite 2710 Detroit, Michigan 48226 (313) 961-5000 ajennings@edwardsjennings.com Felicia Duncan Brock (P63352) I.A.B. ATTORNEYS AT LAW, PLLC Attorneys for Plaintiff 3319 Greenfield Road, #458 Dearborn, Michigan 48120 (313) 318-3180 Duncan@iabattorneys.com ____________________________________________________________________________/
There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the Complaint.

Honorable: Case No.:

PLAINTIFFS COMPLAINT AND JURY DEMAND NOW COMES Plaintiff, PAMELA WILLIS TURNER, by her attorneys EDWARDS & JENNINGS, PC and I.A.B. ATTORNEYS AT LAW, PLLC, and per her Complaint, states as follows:

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1.

This is an action to enforce rights pursuant to the Equal Pay Act of 1963; and the

Michigan Elliott-Larsen Civil Rights Act. As such, under 28 USC 1331, 1343(3), (4), this Court has jurisdiction. 2. Plaintiff Pamela Willis Turner (Plaintiff), a woman, resides in the City of Detroit,

Wayne County, Michigan. 3. Defendant City of Detroit is a Municipal Corporation acting in the County of Wayne,

State of Michigan. 4. At all relevant times, Defendants employees were acting as agents of Defendant with the

express authority to act on Defendants behalf. 5. 6. In 1977, Plaintiff began her employment with Defendant City. In the same year that Plaintiff began her employment with Defendant Citys Water and

Sewerage Department, a federal court order was entered requiring Judge Feikens to oversee the departments operations. 7. Throughout her employment, Plaintiff performed her job duties in a manner that was

more than satisfactory. 8. In 2003, Plaintiff was awarded the position of Assistant Director at Defendant Citys

Water and Sewerage Department. 9. At the time that Plaintiff became the Assistant Director, the DirectorVictor Mercado

earned a salary of about $250,000 per year. 10. Notably, Mercados salary was near the national average for heads of large municipal

water systems. 11. City. Effective June 30, 2008, Mercado suddenly resigned his Director position with Defendant

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12.

Upon Mercados resignation, Anthony Adams was appointed Interim Director of

Defendant Citys Water and Sewerage Department. 13. Adams annual salary was about $240,000. Adams held the position of Interim Director

and/or Director of the department up through September 2008. 14. On September 22, 2008, Plaintiff was appointed the Interim Director of the Citys Water

and Sewerage Department. Then Mayor Kenneth Cockrel, Jr. so appointed Plaintiff. 15. Plaintiff was Defendant Citys first female Director of the Citys Water and Sewerage

Department. 16. Most astounding, Plaintiffs annual salary as Interim Director was $130,000. This

amount was significantly less than Plaintiffs male predecessors. 17. 18. On October 9, 2008, Plaintiffs salary was minimally increased to $155,000 per year. On May 12, 2009, Mayor Dave Bing reappointed Plaintiff to the position of Interim

Director of the Citys Water and Sewerage Department. 19. Effective January 4, 2010, after satisfactorily performing the position of Interim Director

for more than a year, Plaintiff was officially appointed as the Director of the Citys Water and Sewerage Department. 20. Again, Mayor Bing confirmed that Plaintiffs annual salary as Director would be a mere

$155,002.00. 21. Plaintiff expressed her concerns to the varied administrations, the City of Detroit Board

of Water Commissioners, and to Defendant Citys Human Resource Department that she was being grossly underpaid and that she believed she was the victim of inequitable treatment. 22. Representatives of Defendant City repeatedly informed Plaintiff that they would look

into her salary concerns.

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23.

Worth noting, Plaintiff expressed her salary concerns to representatives associated with

the Cockrel Administration from 2008 2009; and with representatives associated with the Bing Administration from 2009-2010. 24. 25. All of Plaintiffs efforts to have her salary concerns addressed were to no avail. On April 19, 2010, Plaintiff, unwilling to continue to work for significantly less income

than her male predecessors, resigned her position effective September 10, 2010. 26. But for the above-described treatment Plaintiff suffered, she would not have resigned her

position in 2010. 27. 28. 29. Shortly after resigning, Plaintiff filed a charge with the EEOC under the Equal Pay Act. On April 11, 2011, the EEOC mailed Plaintiff a Notice of Right to Sue. Recently, Defendant City has mounted a national search for Plaintiffs replacement.

Defendant City has advertised the Director position as paying $230,000. COUNT I Sex Discrimination in Violation of the Equal Pay Act of 1963 30. 31. Plaintiff incorporates by reference paragraphs 1 through 29. As Interim Director and Director of Defendant City of Detroits Water and Sewerage

Department, Plaintiff was paid significantly less than her male predecessors. 32. 33. Notably, Plaintiff was the first woman to hold this Director position. The males who held the position of Interim Director and Director were paid an average

salary of about $240,000. 34. Plaintiffs job duties as Interim Director and Director required equal skill, effort, and

responsibility and were performed under the same working conditions as her male predecessors.

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35.

The job Plaintiff performed and the job her male predecessors performed were equal as

defined under the Equal Pay Act of 1963. 36. The difference in wages paid to Plaintiff was not justified due to seniority, merit, the

quality or quantity of the work produced, or any other factor. 37. As a direct and proximate result of Defendants wrongful acts and omissions, Plaintiff

suffered injury and damages including, but not limited to, loss of earnings, loss of pension, mental anguish, physical and emotional distress, humiliation and embarrassment, loss of reputation and the resulting constructive discharge. COUNT II Sex Discrimination in Violation of the Michigan Elliott-Larsen Civil Rights Act 38. 39. Plaintiff incorporates by reference paragraphs 1 through 37. At all material times, Plaintiff was an employee, and Defendant was her employer,

covered by and within the meaning of the Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq. 40. Plaintiffs gender was a factor that made a difference in Defendants decision to pay

Plaintiff a wage that was significantly less than her male predecessors. 41. Defendant, by its agents, representatives, and employees, was predisposed to discriminate

on the basis of gender and acted in accordance with that predisposition. 42. Defendants actions were intentional, with reckless indifference to Plaintiffs rights and

sensibilities. 43. If Plaintiff was a male, she would have been paid a wage in line with the national average

for the head of a large municipal water system. 5

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44.

As a direct and proximate result of Defendants wrongful acts and omissions, Plaintiff

suffered injury and damages including, but not limited to, loss of earnings, loss of pension, mental anguish, physical and emotional distress, humiliation and embarrassment, loss of reputation and the resulting constructive discharge. PLAINTIFF REQUESTS that this court enter judgment against Defendant as follows: 1. Legal relief a. b. c. d. 2. a judgment for lost wages in whatever amount she is found to be entitled compensatory damages in whatever amount she is found to be entitled punitive and exemplary damages commensurate with the wrong and Defendants ability to pay an award of interest, costs, and reasonable attorney fees

Equitable relief a. b. c. an injunction prohibiting Defendant from exercising its policy and custom of discriminating against women an award of interest, costs, and reasonable attorney fees whatever other equitable relief appears appropriate at the time of trial

Respectfully submitted, EDWARDS & JENNINGS, PC

By: __/s/ Alice B. Jennings____________ Alice B. Jennings

Dated: July 8, 2011

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JURY DEMAND

Plaintiff demands a jury trial

Respectfully submitted, EDWARDS & JENNINGS, PC

By: ___/s/ Alice B. Jennings_______________ Alice B. Jennings

Dated: July 8, 2011