10/18/ :38 AM 18CV47218 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. COMPLAINT.

Transcription

1 // : AM CV SHANNON TANDBERG, v. IN THE CIRCUIT COURT OF THE STATE OF OREGON Plaintiff, PORTLAND CREMATION CENTER, LLC, an Oregon Limited Liability Company, Defendant. FOR THE COUNTY OF MULTNOMAH Case No. COMPLAINT Unlawful Employment Practices (ORS A.00; A.00; A.; A.1; & A..) CLAIMS ARE NOT SUBJECT TO MANDATORY ARBITRATION REQUEST FOR JURY TRIAL Prayer: $00,000 Filing fee $0.00 per ORS.0(1)(c) Plaintiff SHANNON TANDBERG ( Tandberg ) for her complaint against PORTLAND CREMATION CENTER, LLC ( Defendant ), an Oregon Limited Liability Company, alleges as follows: 1) Tandberg and Defendant are both citizens of Oregon as they are both domiciled in Oregon. Page 1-1 SW COLUMBIA STREET, SUITE 0

2 1 1 ) Venue is appropriate in Multnomah County because Defendant s principal place of business is in Multnomah County, Defendant has a location for the transaction of business in Multnomah County, Defendant conducts regular and sustained business activities in Multnomah County, and all or most of the alleged wrongful conduct giving rise to the causes of action in this case took place in Multnomah County. ) Tandberg is female. ) At all material times: a) Defendant was Tandberg s employer; b) Tandberg was an injured employee who invoked the workers compensation system; c) Tandberg was a qualified individual with a disability; d) Defendant employed six or more employees; e) Tandberg was supervised by Defendant s employees or agents and Tandberg relied on the actual or apparent authority of Defendant s employees, supervisors and management, including manager Greg Dawson and Gary Craig Collins. ) On or about July,, Defendant hired Tandberg as a removal technician. In this position, Tandberg was supervised by manager Greg Dawson. Dawson directed her work and she often had to accompany Dawson in the car to jobs to remove dead bodies. At the jobs, Tandberg often had to work alone with Dawson. While Dawson was supposed to be training Page - 1 SW COLUMBIA STREET, SUITE 0

3 1 1 Tandberg, instead he took advantage of his role as her supervisor to sexually harass her, as he had done with numerous other female employees at Defendant. ) Throughout Tandberg s employment, Defendant subjected her to a sexually hostile workplace, including but not limited to the following: a) On multiple occasions in or about July of, Defendant s manager Dawson pushed his body up against Tandberg s body while working with her. Tandberg moved away, told him to stop, and tried to avoid him but he continued to do it; b) On or about July,, while working with Dawson, Dawson turned off the light and grabbed her breasts. Dawson said to Tandberg, I like to be in control, and told her to Call me daddy. Tandberg moved away, told him to stop, and was disgusted with Dawson s treatment. Tandberg had serious reservations about continuing to work with Dawson, but she desperately needed a job and so she continued in the job despite the continued harassment by Dawson. c) On or about July,, while alone with Dawson in an office, Dawson turned off the lights and started to undress. Tandberg fled from the room although Dawson tried to block the door. Dawson s body brushed against Tandberg s. The incident understandably scared and offended Tandberg. d) In addition to physical acts, Dawson often made offensive uninvited sexual comments to Tandberg, including repeatedly talking about sexual acts. e) Tandberg also understood from Dawson that Collins and Dawson were friends and that Collins approved of his manager s offensive conduct. Page - 1 SW COLUMBIA STREET, SUITE 0

4 1 1 f) Dawson also told Tandberg about attending a swinger s club with the owner of the company. g) In or around July/August, Dawson told Tandberg to meet him at a swinger s sex club and that Collins would be with Dawson there. Tandberg felt uncomfortable being asked to go somewhere like that with her boss and refused. h) Tandberg heard from female co-workers that Dawson had also been sexually harassing them, including calling the co-worker at home and making lurid sexual comments to them. Tandberg s female co-workers did not want to ride to jobs with Dawson due to his inappropriate conduct, and one co-worker referred to Dawson as Uncle Icky. i) In or around July/August of, owner Gary Craig Collins told Tandberg that he appreciates a nice cleavage while looking at Tandberg s chest. Collins s comment made Tandberg uncomfortable. ) After Tandberg refused Dawson s sexual advances, Dawson became extremely critical of Tandberg. Dawson would yell at Tandberg and discipline her as punishment for refusing his advances. Dawson interfered with Tandberg s work, including telling her the wrong locations for jobs and then blaming her. ) On or about a date in August, Tandberg told Collins that she needed counseling due to how she was being treated at work. Collins failed to adequately investigate the matter further and failed to provide workers compensation paperwork. Page - 1 SW COLUMBIA STREET, SUITE 0

5 1 1 ) On or about August,, Tandberg suffered an on-the-job injury to her lower back, right shoulder, and right thigh. Tandberg s injury occurred when she and her co-worker Samantha were attempting to move a very heavy corpse up a narrow flight of stairs. The corpse fell into Tandberg, pinning Tandberg between the corpse and the wall for a period of time, injuring Tandberg s lower back, right shoulder, and right thigh in the process. Tandberg immediately reported the injury to Dawson that night, who was the p.m. manager. On information and belief, Dawson informed Collins about the injury before Tandberg was terminated the following day. Tandberg s medical providers subsequently found that she had suffered a herniated disc, which caused numbness and pain. Tandberg s work injury and medical issues she subsequently had related to her work injury substantially interfered with her ability to perform major life activities. ) On or about August,, shortly after Tandberg notified Defendant that she had suffered an on-the-job injury, Defendant promptly terminated her employment. First Claim For Relief ORS A.00 Workers Compensation Discrimination/Retaliation ) Tandberg realleges paragraphs 1 through. 1) Tandberg engaged in various activity protected under ORS A.00, including invoking the Oregon Workers Compensation System by reporting an on-the-job injury. Page - 1 SW COLUMBIA STREET, SUITE 0

6 1 1 ) Tandberg invoking the workers compensation system was a substantial factor in Defendant s decision to terminate Tandberg. Defendant s termination of Tandberg constitutes injured worker discrimination/retaliation in violation of ORS A.00. 1) As a result of Defendant s unlawful conduct, Tandberg has incurred and continues to incur lost income in an amount to be proven at trial but not to exceed $00,000. ) As a direct and proximate result of Defendant s conduct, Tandberg has suffered and will continue to suffer mental stress, humiliation, inconvenience and loss of enjoyment of life all to her non-pecuniary loss in an amount to be determined at trial but not to exceed $00,000. ) Tandberg is entitled to recover her costs and attorneys fees pursuant to ORS A. and ORS.. ) Defendant has acted with malice and/or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others. Tandberg reserves the right to seek leave to amend her complaint to add a claim for punitive damages. Second Claim For Relief ORS A.00 Sex Discrimination (Hostile Work Environment Harassment) ) Tandberg realleges paragraphs 1 through. Page - 1 SW COLUMBIA STREET, SUITE 0

7 1 1 ) Defendant s conduct had the purpose and effect of creating a hostile and offensive work environment directed at Tandberg s sex, interfering with Tandberg s work performance, and otherwise adversely affecting her employment opportunities. ) Defendant s creation of, and/or failure to prevent, the sexually hostile work environment for Tandberg constitutes unlawful sex discrimination in violation of ORS A.00. ) As a direct and proximate result of Defendant s conduct, Tandberg has suffered and will continue to suffer mental stress, humiliation, inconvenience and loss of enjoyment of life all to her non-pecuniary loss in an amount to be determined at trial but not to exceed $00,000. Tandberg also realleges damages, costs, and attorneys fees as set forth in the paragraphs above. Third Claim For Relief ORS A.00 Sex Discrimination (Quid Pro Quo Harassment) ) Tandberg realleges paragraphs 1 through above as fully set forth herein. ) Defendant s management employee conditioned Tandberg s employment benefits on responding to his sexual advances and subjected her to unwarranted disciplined, termination, and other adverse actions in response to her refusing his advances. ) Defendant s quid pro quo sexual harassment constitutes unlawful sex discrimination in violation of ORS A.00. Page - 1 SW COLUMBIA STREET, SUITE 0

8 1 1 ) As a direct and proximate result of Defendant s conduct, Tandberg has suffered and will continue to suffer mental stress, humiliation, inconvenience and loss of enjoyment of life. Tandberg realleges damages, costs, and attorneys fees as set forth in the paragraphs above. Fourth Claim For Relief ORS A.00(f) Retaliation for Reporting and/or Opposing Unlawful Discrimination and Harassment ) Tandberg realleges paragraphs 1 through. ) Defendant discriminated against Tandberg in the terms and conditions of her employment in substantial motivating part due to Tandberg s reporting and/or opposition to employment practices prohibited by ORS A.00. ) Defendant s adverse actions against Tandberg, including unwarranted discipline, sending her to the wrong locations, and termination of her employment were motivated in substantial part due to her opposition to employment practices prohibited by ORS A.00. ) Plaintiff realleges her damages and request for costs and attorneys fees as stated in the paragraphs above. Fifth Claim For Relief ORS A. Disability/Perceived Disability Discrimination 0) Tandberg realleges paragraphs 1 through. 1) At all material times, Tandberg had a disability as defined by ORS A.. Despite Page - 1 SW COLUMBIA STREET, SUITE 0

9 her disability, Tandberg could perform the essential functions of her job with accommodation. ) Defendant perceived Tandberg to be disabled at the time it terminated Tandberg. ) Defendant s termination of Tandberg was substantially motivated by her disability/perceived disability and constitutes unlawful disability discrimination in violation of ORS A above. ) Tandberg realleges damages, costs, and attorneys fees as set forth in the paragraphs Sixth Claim For Relief ORS A. Disability/Perceived Disability Retaliation ) Tandberg realleges paragraphs 1 through. ) Defendant engaged in an unlawful employment practice in violation of ORS A. by discriminating against Tandberg for invoking the procedures in ORS A. to ORS A.1. ) Tandberg realleges damages, costs, and attorneys fees as set forth in the paragraphs above. Page - 1 SW COLUMBIA STREET, SUITE 0

10 1 1 Seventh Claim For Relief ORS A. and A.1 Failure to Accommodate ) Tandberg realleges paragraphs 1 through. ) Defendant engaged in an unlawful employment practice by failing to make reasonable accommodation for Tandberg s known physical limitations in violation of ORS A. and ORS A.1. 0) Tandberg realleges damages, costs, and attorneys fees as set forth in the paragraphs above. Eighth Claim For Relief ORS A. and OAR Failure to Engage in the Interactive Process 1) Tandberg realleges paragraphs 1 through 0 above as fully set forth herein. ) Defendant engaged in an unlawful employment practice by failing to engage in the interactive process with Tandberg although Tandberg requested reasonable accommodation and/or had otherwise disclosed to Defendant that a disability may require reasonable accommodation. ) Tandberg realleges damages, costs, and attorneys fees as set forth in the paragraphs above. Page - 1 SW COLUMBIA STREET, SUITE 0

11 1 1 law. Jury Trial Demanded Tandberg demands a jury trial on all claims and issues to the extent allowed under the Prayer for Relief WHEREFORE, Tandberg prays for judgment against Defendant for economic damages, non-economic damages, punitive damages, costs and attorneys fees pursuant to ORS A. and ORS. as alleged in the claims stated above. Tandberg also prays for injunctive relief prohibiting Defendant from engaging in further sex discrimination, retaliation, or interference with workers compensation and disability rights. Tandberg further prays for such other relief as the court deems just and equitable. Date: October, s/robert Meyer Robert K. Meyer, OSB No. 00 Robert K. Meyer, Attorney at Law, P.C. robert@robertmeyerlaw.com Page - 1 SW COLUMBIA STREET, SUITE 0