9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 1 of 8

Transcription

1 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION JULIE BANGERT, ) Civil Action #: ) PLAINTIFF, ) ) vs. ) ) COMPLAINT HILTON HEAD CHRISTIAN ) ACADEMY, INC., MATT SKINNER, ) AND MELANIE HILTON, ) ) DEFENDANTS. ) ) jury. Plaintiff, complaining of the acts of the defendants, states as follows: DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury of all of the following issues triable of right by a PARTIES AND JURISDICTION 1. Plaintiff is a resident and citizen of the State of South Carolina. At all times referred to herein, Plaintiff resided in the County of Beaufort, State of South Carolina. 2. Upon information and belief, Defendant Hilton Head Christian Academy, Inc. ( HHCA ) is a corporation doing business and maintaining offices and agents in the County of Beaufort, State of South Carolina. Further, at all times pertinent hereto Matt Skinner ( Skinner ) and Melanie Hilton ( Hilton ) were employees and agents of HHCA, and Skinner was the Headmaster of HHCA. Upon information and belief, both Skinner and Hilton are citizens and residents of Beaufort County, South Carolina. 3. This court has federal question jurisdiction pursuant to Title VII of the 1964 Civil Page 1 of 8

2 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 2 of 8 Rights Act and 42 U.S.C. 2000(e) et. seq., as amended by the Civil Rights Act of 1991, 42 U.S.C. 2000(e) et. seq., 42 U.S.C. 1981, 42 U.S.C. 1988, 28 U.S.C. 1331, 28 U.S.C. 1343, and supplemental jurisdiction under 28 U.S.C Venue for all causes of action stated herein lies in the District of South Carolina, Beaufort Division, in that, pursuant to 28 U.S.C. 1391(b), Defendants are located within, and all acts alleged herein took place within, this division and district. 5. The plaintiff has exhausted all requisite administrative remedies and has filed this Complaint within 90 days of her receipt of the Notice of Right to Sue from the Equal Employment Opportunity Commission ( EEOC ). 6. At all times material herein, Plaintiff has been a person within the meaning of 42 U.S.C. 2000(e). 7. Defendant HHCA employs more than 15 employees and is engaged in an industry affecting commerce. At all times material herein, Defendant was an employer within the meaning of 42 U.S.C. 2000(e). FACTUAL ALLEGATIONS 8. Plaintiff reaffirms and realleges each and every allegation contained in the paragraphs hereinabove as fully as if set forth herein verbatim. 9. Plaintiff is a 65 year old female who was employed by HHCA from August of 2002 until October of She is the holder of Bachelor s, Master s, and Education Specialist s Degrees in the field of Early Childhood Education; and, at the time of her termination, she had been employed in the Teaching Profession for more than thirty (30) years. 10. HHCA hired plaintiff as a teacher in August of In 2006, she was selected and named as Lower School Teacher of the Year, and throughout her tenure was selected to serve on Page 2 of 8

3 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 3 of 8 numerous leadership committees at HHCA. On or about May 3, 2011, plaintiff and HHCA entered into an Employment Contract ( Contract ) commencing on August, 2011 and ending in August, On or after May 2011, HHCA hired Skinner to be its Headmaster for the school year. Shortly thereafter, Skinner summoned plaintiff to his office where, in the presence of third parties including Hilton, he berated plaintiff as being set in her ways, and suggested that plaintiff was jealous of his appointment of Hilton, a younger lady, for the position of interim principal of the Lower School. On another occasion, and having been informed that plaintiff had been employed for many years as a teacher at the prestigious Westminster School in Atlanta, Georgia, Skinner derisively replied And how long ago was that? On yet another occasion, Skinner said that his friends had laughed when he told them how many students had enrolled in plaintiff s class. From August until October of 2011, Skinner subjected plaintiff to discrimination and harassment. 12. On information and belief, Skinner s actions as aforesaid were improperly motivated by a desire to replace plaintiff with a younger woman who he had already selected, who would be beholden to him for the positions, and to whom HHCA would pay a lower salary and fewer benefits. 13. Skinner s discriminatory actions towards plaintiff were based on her age and included but was not limited to making derogatory and demeaning comments, stereotyping behavior of older teachers, disparate treatment, and undermining her authority by encouraging parents of her students to bring complaints to the interim Lower School principal rather than to plaintiff as the HHCA Policy Manual required. Skinner s discriminatory actions were frequent, humiliating, and directly interfered with plaintiff s ability to perform her work. Page 3 of 8

4 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 4 of In October, 2011, defendant HHCA wrongfully discharged plaintiff from her employment and replaced her with a younger woman, thereby violating her civil rights and breaching the Contract. 15. As a result of the unlawful actions of the defendant, plaintiff has suffered damages in the form of lost back pay and future wages; a reduction or elimination of income and benefits; and she has suffered emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, humiliation, embarrassment, injury to reputation, and other non-pecuniary losses. FOR A FIRST CAUSE OF ACTION (THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967) 16. Plaintiff reaffirms and realleges each and every allegation contained in the paragraphs hereinabove as fully as if set forth herein verbatim. 17. During plaintiff s employment with defendant, HHCA discriminated plaintiff, and took adverse employment actions based on her age rather than her abilities. 18. HHCA created a hostile work environment motivated by animus, which subjected the plaintiff to unwelcome harassment that was sufficiently severe and pervasive to alter the conditions of Plaintiff s employment and created an abusive atmosphere. 19. Plaintiff s supervisor Skinner subjected her to severe and pervasive bias based upon her age. Skinner s derogatory comments, age stereotyping, and disparate treatment of employees based on age rather than ability was frequent, severe, humiliating, and directly interfered with plaintiff s work. 20. There is a basis for imposing liability on Defendant for the hostile work environment because plaintiff and/or her agent and attorney complained to HHCA Board Members, but HHCA took no action in response to the complaints. Page 4 of 8

5 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 5 of Plaintiff s complaint constituted protected activity under 42 U.S.C Plaintiff seeks damages from HHCA in the form of past and future wages, attorney s fees and costs, prejudgment interest on her pecuniary losses had she been reinstated at HHCA in the same position, with the same pay and benefits, including any raises or enhancements that may have been paid to plaintiff had she not been subjected to the unlawful harassment and discrimination described hereinabove. 23. HHCA s actions were undertaken intentionally, knowingly, willfully, recklessly, and in utter disregard for Plaintiff s federally protected rights. Therefore, plaintiff is informed and believes that she is entitled to recover punitive damages from Defendant. FOR A SECOND CAUSE OF ACTION (OUTRAGE) 24. Plaintiff reaffirms and realleges each and every allegation contained in the paragraphs hereinabove as fully as if set forth herein verbatim. 25. In 2010 Grace Hilton, the daughter of Hilton, was a student in plaintiff s class. On or about the end of the 2010 school year, plaintiff discovered that Hilton had been engaged in cheating by administering the weekly tests to her daughter and coaching her on the same prior to the administration of the same test in plaintiff s classroom. When plaintiff confronted Hilton, she admitted to the cheating, and broke down in tears. 26. Thereafter and in 2011 a vacancy occurred in the position of Lower School Principal. On information and belief, Hilton wanted to be named to the vacancy; but Hilton feared that she would be discharged or denied the promotion if the facts regarding her cheating were revealed. On further information and belief, she then embarked on a secret campaign to conceal her wrongdoing and to get rid of plaintiff who she saw as a threat. In furtherance of those Page 5 of 8

6 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 6 of 8 goals, she entered into a wrongful conspiracy with Skinner to disparage the more qualified plaintiff in order to secure the position of Lower School Principal for herself. 27. HHCA, Skinner, and Hilton intentionally or recklessly inflicted severe emotional distress upon plaintiff or were substantially certain that such distress would result from their conduct. Among other things, these defendants: A. Subjected plaintiff to severe and pervasive bias based upon her age; B. Made derogatory comments, and engaged in age stereotyping directed toward plaintiff; C. Intentionally humiliated and embarrassed plaintiff; and ridiculed her qualifications and experience; D. Fabricated false claims against plaintiff regarding her professionalism and work performance; E. Made requests of plaintiff to violate her professional ethics by changing student grades, and when plaintiff refused to engage in the requested dishonest and unethical conduct, accused her of being insubordinate; F. In such other and further ways as may be hereafter shown. 28. These defendants conduct was so extreme and outrageous as to exceed all possible bounds of decency and was atrocious and utterly intolerable in a civilized community. 29. Defendants actions were negligent and/or intentional, and were the direct and proximate cause of plaintiff s severe and extreme emotional distress. 30. The emotional distress suffered by plaintiff was so severe that no reasonable woman could be expected to endure it. 31. Plaintiff is entitled to a judgment for actual, compensatory and punitive damages Page 6 of 8

7 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 7 of 8 against HHCA, Skinner, and Hilton s a result of defendants actions. FOR A THIRD CAUSE OF ACTION (BREACH OF CONTRACT) 32. Plaintiff reaffirms and realleges each and every allegation contained in the paragraphs hereinabove as fully as if set forth herein verbatim. 33. Plaintiff entered into a Contract of employment with HHCA as aforesaid. 34. HHCA, without just cause or excuse, breached the Contract by, among other things, terminating plaintiff without cause and in violation of the HHCA policies and procedures, and failing to compensate her and provide the benefits contracted for the remaining term of her Contract. 35. Plaintiff is entitled to judgment against HHCA for breach of the employment contract between the parties and is entitled to recover her actual and consequential damages in such amount as the court may find due together with the costs and disbursements of this action WHEREFORE, plaintiff prays for judgment against the defendants HHCA, Skinner and Hilton as follows: I. As to HHCA with respect to Age Discrimination, for such an amount of actual and compensatory damages, including but not limited to lost back pay and future wages, income and benefits, compensation for emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, humiliation, embarrassment, injury to reputation, and other nonpecuniary losses as the trier of fact may find; punitive damages; the costs and disbursements of this action, including reasonable attorney s fees and costs; prejudgment interest; and, for such other and further relief as the court deems just and proper. Page 7 of 8

8 9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 8 of 8 II. As to HHCA, Skinner, and Hilton for their intentional/negligent infliction of emotional distress, actual, compensatory and punitive damages against HHCA, Skinner, and Hilton s a result of these defendants actions. III. As to HHCA for Breach of the Contract, actual and consequential damages in such amount as the court may find due together with the costs and disbursements of this action. LAUGHLIN & BOWEN, P.C. Hilton Head Island, South Carolina September 17, 2012 By: s/john R.C. Bowen John R.C. Bowen, Esq Federal ID# A Main Street P.O. Box Drawer Hilton Head, South Carolina john@laughlinandbowen.com Page 8 of 8