Case Document 1 Filed 03/11/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SUELLEN SHAW, Plaintiff, VS. CIVIL ACTION NO.: 14-111 MOBILE COUNTY PUBLIC SCHOOL SYSTEM, MARTHA L. PEEK in her official capacity as Superintendent of the Mobile County Public School System, L. DOUGLAS HARWELL, JR., REGINALD A. CRENSHAW, WILLIAM FOSTER, DON STRINGFELLOW, and TRACIE ROBERSON in their individual and official capacities as members of the Board of School Commissioners of Mobile County, Defendants. COMPLAINT AND DEMAND FOR JURY TRIAL INTRODUCTION 1. This is an action for legal and equitable relief to redress sex discrimination against Suellen Shaw. The suit is brought to secure the protection of and to redress the . deprivation of rights secured by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seg., as amended by the Civil Rights Act of 1991, which provide for relief against discrimination in employment. Plaintiff seeks injunctive relief, equitable relief, Case Document 1 Filed 03/11/14 Page 2 of 9 and compensatory damages. IL JURISDICTION AND VENUE 2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 1331, 1343, 2201, and 2202. 3. Defendant, Mobile County Public School System (hereinafter is an employer doing business in this district, and at all times relevant to this action, the Defendant is the employer of Plaintiff within the meaning of 42 U.S.C. ?_l98l and Title VII of the Civil Rights Act of 1964. 4. Venue is proper in the Southern District of Alabama, Southern Division, since Defendant is conducting business within this District and Division and this action is brought where the unlawful employment practice was committed. E, PARTIES 5. The Plaintiff, Suellen Shaw, is over the age of nineteen years and a resident citizen of Mobile, Mobile County, Alabama. The Plaintiff vvas employed by, and/or was seeking reassignment as part of her employment with Defendants at all times pertinent to this action. 6. The Defendant, Board of School Commissioners of Mobile County, is the duly elected and constituted governing board of the Mobile County School System operating and existing under the laws of the State of Alabama. 7. The Defendant, Martha Peek, in her official capacity as the Superintendent case Document 1 Filed 03/11/14 Page 3 of 9 and Chief Operating Officer of the Mobile County School System. The Defendant Peek is sued in her official capacity only as the employer of Plaintiff with and/or is an agent of said Defendant. 8. Defendants L. Douglas Harwell, Jr., Reginald A. Crenshaw, William Foster, Don Stringfellow, and Tracie Roberson, are members of .the goyerning body of and are sued in their official capacity. I 9. Defendants are an "employer" under Title VII. The Defendants employ at least fifteen (15) persons. I fl EXHAUSTION. OF ADMINISTRATIVE REMEDIES 10. Plaintiff filed a timely Charge of Discrimination with the Equal Employment Opportunity Commission on December 16, 2013. . On December 26, 2013, the EEOC issued a right to sue letter received by Plaintiff counsel on December 30, 2013.. (Attached) 12. Plaintiff has satisfied. all conditions precedent prior to bringing an action under Title VII of the Civil Rights Act of 1964, as amended. 3; FACTUAL ALLEGATIONS 13. Plaintiff, Suellen Shaw, was hired by the Mobile County Public School System in 1995 as a Physical Education Teacher. 14. In 2000, Plaintiff became certified. to teach DriVer's Education and began teaching DriVer's Education classes at Ben C. Rain High School. Case Document 1 Filed 03/11/14 Page 4 of 9 15. In 2011, the Plaintiff was transferred to Satsuma High School as a certified Driver's Education Teacher. 16. On or about February, 2012, Plaintiff was informed that she would be placed on a mandatory transfer at the end of the 2011-2012 school year as a certified Driver's Education Teacher due to the withdrawal of Satsuma High School from the Mobile County School System. 17. In February, 2012, Plaintiff began to activelyseek reassignment as a tenured Driver's Education Teacher for the 2012-2013 School term. 18. Plaintiff was repeatedly informed by Human Resource Officers, Bryan Hack and John Powell, and several High School Principals there were no available and/or open positions for the position of Driver's Education Teacher. 19. On or about July 30, 2012, Plaintiff was transferred to the position of Physical Education Teacher at Baker High School and reclassified as Physical Education Teacher. 20. As a tenured Driver's Education Teacher, Plaintiff had priority placement over non~tenured Driver"'s Education Teachers seeking the same placenient and/ or position within the 21. The Plaintiffs evaluations indicate satisfactory performance as a Driver's Education Teacher. 22. On or about April 30, 2012, Mark A. Hurt, a non--tenured teacher, was hired Case Document 1 Filed 03/11/14 Page 5 of 9 as a Driver's Education Teacher at Blount High School. Hiring preferences given Hurt, a non-tenured teacher, violated tenure policies and procedures and preferences customarily provided a mandatory transfer. 23. On or about June 2012, Plaintiff was informed by Mr. Whitney, the Principal at Mary G. Montgomery High School (MGM), that he had no open positions for a Driver's Education Teacher. 24. On or about June, 2012, Joseph Touchstone (Touchstone), a tenured Math and Special Education Teacher, was hired to teach all driveris education courses at MGM for the 2012-2013 school year in violation of policies and procedures. 25. Touchstone, a non--tenured Driver's Education Teacher, received training and obtained a preliminary certification as a Driver's Education Teacher through the State of Alabama in July, 2012. Touchstone had never been assigned to teach a Driver's Education Course prior to June 2012, nor was he ever classified or tenured as a Driver's Education Teacher. 26. On or about July 30, 2012, Carlton Everett, Jr., a non-tenured employee, was hired into the system at as a Social Studies Teacher, a core curriculum placement, at Baker High School. Everett was assigned to teach nothing but Driver's Education classes despite his hiring and.classif1cation as a Social Studies Teacher. 27. failed to post the positions of Driver's Education Teacher at Blount, Baker, and MGM in violation of policies and procedures at and in Case Document 1 Filed 03/11/14 Page 6 of 9 violation of Alabama State Law. 28. failed and/or refused to place Plaintiff in a Driver's Education position despite her status as a mandatory transfer and tenured Driver's Education Teacher in violation of policies and procedures. 29. Upon information and belief, failed and/or refused to post the open D.river's Education Teacher positions in violation of their policies and procedures and state law. 30. Plaintiff provided notice to that the hiring of Hurt, Touchstone, and Everett were in violation of Title VII of the Civil Rights Act of 1964, as amended, policies, procedures, and State Lavv. 31. On or about July, 2013, Plaintiff applied. for two open as a Driver's Education teacher at_Citronelle High School (Citronelle) and Murphy High School (Murphy). 32. Plaintiff was certified to teach Driver's Education courses at and was qualified for the position. 33. rejected Plaintiff as a Driver's Education Teacher at both Murphy and Citronelle. 34. Plaintiff was provided no reason for her rejection as a Driver's Education Teacher for the 2013-2014 school term. 35. Jeffery Pippin, a certified Science Teacher at Citronelle High School, was Case Document 1 Filed 03/11/14 Page 7 of 9 placed in the Drivers Education Teacher position at Citronelle for the 2013-2014 school year. Upon information and belief, Pippin was required to obtain a preliminary certification as a Driver's Education Teacher through the State of Alabama during the summer of 2013 in order to teach the class. Pippin was not classified as a Driver's Education Teacher and had never taught a classroom in that curriculum prior to his placement. 36. John D. Williams, a Social Studies Teacher, was hired as a Driver's Education teacher Murphy for the 2013-201-4 school year. Upon information and belief, Williams was required to obtain a preliminary certification as a DriVer's Education. Teacher through the State -of Alabama during the summer of 2013 in order to teach the class. Williams was not classified as a Driveris Education Teacher and has never taught a classroom in that curriculum prior to his placement. 37. placed Pippin and Williams, both males, with no experience teaching Drivers Education classes. 38. Neither Pippin nor Williams were tenured as DriVer's Education Teachers. 39. Plaintiff was substantially more qualified and had more experience teaching DriVer's Education than those hired. by for the 2013-2014 school term. 40. Plaintiff was not assigned and/or placed as a DriVer's Education Teacher at Citronelle and/ or Murphy as a direct result of her gender, female, and treated differently than males who applied for the position. Case Document 1 Filed 03/11/14 Page 8 of 9 41. The placement and_ preference of males as teachers for the position of DriVer's Education Teacher is part of a pattern. and practice of discrimination by 42. Plaintiff notified that her non-selection for DriVer's Education teaching positions in the 2013-2014 school terms was the result of gender discrimination. 43. As the direct and proximate result of the wrongful actions of the Plaintiff was caused to suffer mental anguish, loss of dignity, embarrassment, humiliation, and other intangible injuries and other directly and indirectly related expenses 44. Upon. information and belief, failed and/ or refused to conduct an investigation regarding Plaintiffs claims of discrirnination. CAUSES OF ACTION COUNT I TITLE VII (Sex Discrimination) 45. Plaintiff re--alleges and incorporates by reference paragraphs 1 through 44 as if fully set forth herein. 46. This is a claim to redress unlawful discrimination on the basis of sex in Violation of Title VII. 47. Defendant has engaged in apattern and practice of discrimination based on sex. 48. Plaintiff was rejected for the position of DriVer's Education Teacher by Defendant based on her sex. Case Document 1 Filed 03/11/14 Page 9 of 9 49. Defendant has no legitimate non-discriminatory reason for its conduct. 50. As the direct and proximate result of the wrongful actions of the Plaintiff was caused to suffer mental anguish, loss of dignity, embarrassment, humiliation, and other intangible injuries and other directly and indirectly related expenses. 51. Because of such conduct, Plaintiff has suffered severe emotional distress, embarrassment, and humiliation. 52. Defendant's actions were done maliciously and/or done with reckless- indifference to the Plaintiffs federally protected rights. JURY DEMAND Plaintiff herein demands trial by jury of all issues in this action. Respectfully submitted this 11th day of March, 2014. Stein and Pilcher, L.L.C. 151 N. Bancroft Ave. Post Office Box 602 Fairhope, Alabama 36533 Telephone: (251) 210-4557 Facsimile: (251) 259-5684 We Pilc er (PILCM2436) Defendants may be served at: Mobile County Public School System 1 Magnum Pass Mobile, AL 36618 Case Document 1-1 Filed 03/11/14 Page 1 of 2 EEOC Form 181 (time; U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DISMISSAL AND NOTICE OF RIGHTS T01 Suellen Shaw From: Mobile Local Office 3820 Hawthorne Drive 63 Royal Street Mobile, AL 36693 Suite 504 Mobile, AL 36602 I: On behalf ofperson(s) aggrieved whose i'o'eni'ity is CONFIDENTIAL (29 CFR ?t 601. EEOC Charge No. EEOC Representative Telephone No. ARLENE A. GORCEY, 425-2014-00208 Investigator (251)690-2177 THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC. Your allegations did not involve a disability as defined by the Americans With Disabilities Act. The Respondent employs less than the required number of employees or is not otherwise covered by the statutes. Your charge was not timely filed with in other words, you waited too long after the date(s) of the alleged discrimination to file your charge The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge. The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge. Other (briefly state) DD - NOTICE OF SUIT RIGHTS - (See the additr'onai information attached to this form.) Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. You may file 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 on this charge will be lost. (The time limit for filing suit based on a claim under state law may be different.) Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 vears (3 years) before you file suit may not be collectible. On behalf of the mmission gas EncIosures(s) Erika LaCour, (Date Mailed) Local Office Director 00? MOBILE COUNTY SCHOOL Mary pilcher, Esq_ Mr. Bryan Hack, Executive lillanager p_O_ Box 602 Human Resources Fairhopei AL 36533 PO. Box 180069 Mobile, AL 36618 Case Document 1-1 Filed 03/11/14 Page 2 of 2 Enciosure with EEOC Form 161 (11109) INFORMATION RELATED To SUIT UNDER THE LAWS ENFORCED BY THE EEOC This information relates to filing suit in Federal or State court under Federal law. ifyou also plan to sue claiming violations of State law, please be aware that time lirnits and other provisions of State law may be shorter or more iirnited than those described beiow.) Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Genetic information Nondiscrimination Act (GINA), or the Age Discrimination in Employment Act (ADEA): PRIVATE SUIT RIGHTS -- in order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within 90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90- day period is over, your right to sue based on the charge referred to in this Notice will be lost. if you intend to consult an attorney, you should do so Give your attorney a copy of this Notice, and its envelope, and tell him or her the date you received it. Furthermore, in order to avoid any question that you did not act in a timely manner, it is prudent that your suit be filed within 90 days of the date this Notice was mailed to you (as indicated where the Notice is signed) or the date of the postmark, it later. Your lawsuit may be filed in U.S. District Court or a State court of competentjurisdictlon. (Usually, the appropriate State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide after talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters alleged in the charge. Generally, suits are brought in the State where the alleged unlawfulpractice occurred, but in some cases can be brought where relevant employment records are kept, where the employment would have been, or where the respondent has its main office. if you have simple questions, you usually can get answers from the office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or make legal strategy decisions for you. PRIVATE SUIT RIGHTS -- Equal Pay Act (EPA): EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back pay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For example, if you were underpaid under the EPA for work performed from 7i1/08 to 12/1/08, you should file suit before 7/1/10 not 12/1/'l0 -- in order to recover unpaid wages due for July 2008. This time limit for filing an EPA suit is separate from the 90-day filing period under Title Vii, the ADA, GINA or the ADEA referred to above. Therefore, if you also plan to sue under Title Vii, the ADA, GINA or the ADEA, in addition to suing on the EPA claim, suit must be filed within 90 days of this Notice and within the 2~ or 3-year EPA back pay recovery period. ATTORNEY REPRESENTATION -- Title VII, the ADA or GINA: if you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdiction in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be made to the US. District Court in the form and manner it requires (you should be prepared to explain in detail your efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above, because such requests do n_o_t relieve you of the requirement to bring suit within 90 days. ATTORNEY REFERRAL AND EEOC ASSISTANCE -- All Statutes: You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any questions about your legal rights, including advice on which U.S. District Court can hear your case. ifyou need to inspect or obtain a copy of information in EEOC's file on the charge, please request it in writing and provide your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, all charge files are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review the charge file, please make your review requestwithin 6 months ofthis Notice. (Before filing suit, any request should be made within the next 90 days.) IF YOU FILE SUIT, PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO THIS OFFICE. l\-trr-cC-'B Case 1:14-cv-00111-CG-B Document 1-2 Filed 03/11/14 Page 1 of 2 aJS44 CIVIL COVER SHEET (Rov. l2l07) TheJS44civilcoversheetandtheinfornationcontainedhoreinneitIrer.rep]aceaorsrrpp[ 9ltgil1r]glg.fqlxt.Tltltfg+::gp.p*.u:.{-ur]FgI.,r0]'.l9]-qonfercncooftlreUnite03iinsinseptenltEitr7+,isG