IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

Transcription

1 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 1 of 11 Brian K. Gallik Jecyn N. Bremer GALLIK LAW FIRM, P.C. 421 West Mendenhall P.O. Box 70 Bozeman, MT brian@galliklawfirm.com jbremer@galliklawfirm.com Ph.: ( Fax: ( Robert Klingler (pro hac vice application to be filed Brian J. Butler (pro hac vice application to be filed Robert A. Klingler Co., L.P.A. 525 Vine Street, Suite 2320 Cincinnati, OH rak@klinglerlaw.com bjb@klinglerlaw.com Ph: ( Fax: ( Attorneys for Plaintiff Shaela Evenson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION SHAELA EVENSON, v. PLAINTIFF, BUTTE CENTRAL CATHOLIC SCHOOLS, DEFENDANT. Case No. CV BU - DI» ka-:lc. L COMPLAINT AND DEMAND FOR JURY TRIAL.

2 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 2 of 11 For her Complaint against Defendant Butte Central Catholic Schools, Plaintiff Shaela Evenson states as follows: PARTIES, JURISDICTION & VENUE. 1. Plaintiff, Shaela Evenson, is an individual residing in Butte, Montana. At all times relevant, she was an employee of Defendants Diocese of Helena and Butte Central Catholic Schools as that term is defined in 42 U.S.C e and MCA lOl(lO(a. 2. Defendant Butte Central Catholic Schools ("BCCS" is a Montana parochial school with its principal place of business in Butte, Montana. BCCS conducts business in the District of Montana, specifically, in Butte, Montana. BCCS is an employer within the meaning of 42 U.S.C e and MC A ( The Court has jurisdiction over Counts I and II pursuant to 28 U.S.C because Ms. Evenson's claims are based on federal law, 42 U.S.C e, et seq. 4. This Court has jurisdiction over Count III pursuant to 28 U.S.C because the state claim is so related to the federal claims in Counts I and II that they form part of the same case or controversy. 2

3 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 3 of Venue is appropriate in the Butte Division of the District of Montana pursuant to 28 U.S.C. 1391(b and Local Rules ("L.R." 1.2(c(2 and 3.2(b(l, because a substantial amount of the conduct giving rise to Ms. Evenson's claims occurred within the District of Montana, specifically, Butte-Silver Bow County, Montana. 6. Ms. Evenson filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC" against the Diocese and BCCS in February On June 16, 2014, Ms. Evenson received a Notice of Right to Sue letter from the EEOC for her charge against the Diocese and BCCS. FACTUAL ALLEGATIONS. 7. BCCS hired Ms. Evenson as a School Teacher in August The terms of Ms. Evenson's employment were set forth in one-year employment agreements which BCCS renewed annually. 9. BCCS renewed Ms. Evenson's employment agreement on July 25, BCCS operates under the authority of the Diocese of Helena ("Diocese", a Montana religious organization with its principal place of business in Helena, Montana. 11. The Diocese exercised control over the terms and conditions of Ms. Evenson' s employment, including: the authority to hire, terminate, and discipline 3

4 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 4 of 11 her; control over her pay; supervision of her employment; and promulgation of rules and conditions of employment. In addition, the Diocese and BCCS are so interrelated that they constitute a "single employer" or "integrated enterprise." The Diocese and BCCS had interrelation of operations, common management, centralized labor relations, and common financial control. 12. Ms. Evenson taught literature.and physical education to sixth, seventh, and eighth grade students at BCCS. 13. Ms. Evenson is not Catholic. BCCS and the Diocese were aware that Ms. Evenson is not Catholic. 14. Ms. Evenson was not a ministerial employee during the course of her employment with BCCS and the Diocese. Ms. Evenson was not assigned to teach religion courses, held no ordination in the Catholic Church, and she received no certification in connection with teaching at Catholic schools. 15. Ms. Evenson is not married. 16. In the summer of 2013, Ms. Evenson became pregnant through artificial insemination. 17. On October 28, 2013, Kerrie Hellyer, the principal of BCCS, approached Ms. Evenson and asked if she was pregnant. Ms. Evenson confirmed that she was pregnant. Ms. Hellyer congratulated Ms. Evenson and informed her that she would do anything she could to help. 4

5 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 5 of On January 3, 2014, the Diocese received an anonymous letter stating that Ms. Evenson was pregnant and not married. The Diocese contacted Ms. Hellyer who confirmed that Ms. Evenson was pregnant and not married. 19. On Thursday, January 9, 2014, the superintendent of schools for the Diocese, Patrick Haggarty, called Ms. Evenson into a meeting. During that meeting, he informed her that he and the Bishop of Helena had received an anonymous letter stating that Ms. Evenson was pregnant and not married. Mr. Haggarty further informed Ms. Evenson that she had violated her employment contract because she was pregnant and not married. 20. Mr. Haggarty suggested that Ms. Evenson resign. She refused. 21. On Friday, January 10, 2014, Mr. Haggarty again suggested that Ms. Evenson resign, and he recommended that she take the weekend to consider resigning. Ms. Evenson again refused to resign. 22. On Sunday, January 12, 2014, Mr. Haggarty sent a letter to Ms. Evenson, by , notifying her that her employment with BCCS was being terminated immediately for having a child out of wedlock. The letter stated in relevant part "having a child out of wedlock is considered 'at variance with or contrary to polices of the School and the Diocese and the moral and religious teachings of the Roman Catholic Church.'... Under the terms of your contract these are sufficient grounds and just cause for immediate discharge." 5

6 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 6 of BCCS and the Diocese terminated Ms. Evenson because of her sex and pregnancy in violation of federal law, and because of her sex and pregnancy in violation of Montana law. 24. On information and belief, male employees and non-pregnant female employees of the Diocese and BCCS have in the past, and continue to, engage in conduct at variance with or contrary to policies of the Roman Catholic Church without being terminated or otherwise facing adverse employment action. On information and belief, male employees and non-pregnant female employees of the Diocese and BCCS are not subject to termination for violating the teachings of the Roman Catholic Church because they do not show outward signs of pregnancy. COUNT I. Pregnancy Discrimination-42 U.S.C. 2000e Ms. Evenson repeats the allegations in paragraphs 1 through 25 of the Complaint as if fully restated herein. 26. Ms. Evenson was pregnant. 27. BCCS was aware that Ms. Evenson was pregnant. 28. Ms. Evenson was qualified for her position as a teacher. 29. BCCS subjected Ms. Evenson to an adverse employment decision. 6

7 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 7 of There is anexus between Ms. Evenson's pregnancy and the adverse employment decision. BCCS has admitted that Ms. Evenson was terminated for becoming pregnant out of wedlock. 31. As a result of BCCS' s actions, Ms. Evenson has incurred damages including lost wages, benefits, and other compensation. Ms. Evenson also suffered emotional distress as a result of her termination. BCCS acted with malice and with a conscious disregard for the rights of others that had a great probability of causing substantial harm. COUNT II. Disparate Impact Sex Discrimination-42 U.S.C. 2000e Ms. Evenson repeats the allegations in paragraphs 1 through 32 of the Complaint as if fully restated herein. 33. BCCS terminated Ms. Evenson for violating the teachings of the Roman Catholic Church. BCCS admitted it terminated Ms. Evenson for becoming pregnant out of wedlock. 34. On information and belief, BCCS does not investigate male employees and non-pregnant female employees for compliance with the teachings of the Roman Catholic Church. BCCS's only means to determine compliance is observation of pregnancy in unmarried women. 7

8 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 8 of Failing to check male employees and non-pregnant female employees for compliance with the teachings of the Roman Catholic Church has a discriminatory impact on female employees who become pregnant and are unmarried. 36. As a result of Defendants' actions, Ms. Evenson has incurred damages including lost wages, benefits, and other compensation. Ms. Evenson also suffered emotional distress as a result of her termination. BCCS acted with malice and with a conscious disregard for the rights of others that had great probability of causing harm. COUNT III. Breach of Contract. 37. Ms. Evenson repeats the allegations in paragraphs 1 through 37 of the Complaint as if fully restated herein. 38. Ms. Evenson entered a contract with BCCS in 2013 to act as a teacher at the school for a term of one year. The contract is attached hereto as Exhibit A. 39. Ms. Evenson performed all obligations under the contract. 40. BCCS breached the contract by terminating Ms. Evenson' s employment on January 12, 2014 without good cause or any other justification under the contract. 8

9 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 9 of Ms. Evenson has suffered damages as a result ofbccs's breach including lost wages and employment benefits. COUNT IV. Breach Of The Implied Covenant Of Good Faith And Fair Dealing. 42. Ms. Evenson repeats the allegations in paragraphs 1 through 42 of the Complaint as if fully restated herein. 43. Ms. Evenson entered a contract with BCCS in 2013 to act as a teacher at the school for a term of one year. The contract is attached hereto as Exhibit A. 44. A special relationship existed between BCCS and Ms. Evenson in accordance with Story v. City of Bozeman, 259 Mont. 207, 856 P.2d 202 (1993. By reason of the existence of this special relationship, Ms. Evenson justifiably expected that BCCS would act reasonably and would not fail to do anything that would injure, impair or interfere with her rights to receive the benefits of that contract. 45. Ms. Evenson performed all obligations under the contract. 46. BCCS breached the contract by terminating Ms. Evenson's employment on January 12, 2014 without good cause or any other justification under the contract. 47. The actions and conduct of BCCS were arbitrary, capricious, unreasonable and fell short of Ms. Evenson' s justifiable expectations of how 9

10 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 10 of 11 BCCS would act and therefore constituted a breach of the implied covenant of good faith and fair dealing. 48. Ms. Evenson has suffered damages as a result of BCCS's breach including lost wages and employment benefits in amounts to be proven at trial. 49. BCCS's actions were malicious, oppressive and committed with reckless disregard for Ms. Evenson's rights. Such actions and conduct should therefore be punished by an award of punitive damages in an amount to be determined at trial. WHEREFORE, Plaintiff Shaela Evenson demands judgment against Defendant Butte Central Catholic Schools as follows: 1. An award of back pay in the amount Ms. Evenson would have earned from the date of her wrongful termination until the date of judgment, including wages, benefits, and prejudgment interest; 2. An award of back pay from the time of her termination until trial; 3. An award of front pay equal to the amount she would have earned from the date of judgment forward; 4. An award of compensatory damages against BCCS for the emotional distress and other damages Ms. Evenson has suffered as a result ofbccs's wrongful actions; 5. An award of punitive damages; 10

11 Case 2:14-cv DWM-JCL Document 1 Filed 08/21/14 Page 11 of An award of attorney fees and costs; and 7. All other relief to which she may be entitled as the Court deems just and proper. Jury Demand. Plaintiff, through counsel, demands a trial by jury on all matters so triable. RESPECTFULLY SUBMITTED this 20th day of August, GALLIK LAW FIRM, P.C. /s/ Brian K. Gallik Brian K. Gallik 421 West Mendenhall POBox70 Bozeman, Montana Telephone: ( brian@galliklawfirm.com Attorneys for Plaintiff Shae la Evenson 11

12 S 44 (Rev CIVIL COVER SHEET (j\(- /L..{-65-8U-Dw/IJ.-JC L. Case 2:14-cv DWM-JCL Document 1-1 Filed 08/21/14 Page 1 of 1 'he JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadin~s or other papers as required by law, except as rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the ourpose ofinitiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM. (a PLAINTIFFS ;haela Evenson DEFENDANTS Butte Central Catholic Schools (b County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES ~ I!Y.erbow ( C Attorneys (Firm Name. Address, and Telephone Number ~rian Gallik, PO Box 70, Bozeman, MT ( ~obert Klingler & Brian Butler, 525 Vine Street, Suite 2320, Cincinnati, H ( County of Residence offlrst Listed Defendant ~~ illl.erbow _... NOTE: (IN U.S. PLAINTIFF CASES ONLY IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (/fknawn II. BASIS OF JURISDICTION (Place an "X" in One Bo.rOnlyJ l I U.S. Government Plaintiff ] 2 U.S. Government Defendant III. CITIZENSHIP OF PRINCIPAL PARTIESfPlacean "X" moneboxforplamtiff l!!i 3 Federal Question (For Diversity Ca.<11.f Only and One Box/or Defendant PTF DEF PTF DEF (U.S. Govemmenl Not a Porty Citizen of This State 0 I Cl Incorporated or Principal Place Cl 4 Cl 4 of Business In This State Cl 4 Diversity (Indicate Cili:enship of Parties in Item Ill lv. NATURE OF SUIT (Place an "X" in One Box Only Citizen of Another State I 1M ",-..IL IU.'-l,I I Cl 2 Cl 2 Incorporated and Principal Place Cl 5 0 s of Business In Another State Cl 3 Cl 3 Foreign Nation Cl 6 Cl6 ] 110 Insurance PERSONAL INJURY PERSONAL INJURY Cl 625 Drug Related Seizure Cl 422 Appeal 28 USC 158 Cl 375 False Claims Act ] l20marine 0 310Airplane 0 36SPersonallnjury - ofproperty2l USC881 Cl 423Withdrawal Cl 400StateReapportionment ] l30milleract Cl 315AirplaneProduct Product Liability Cl 6900ther 28USC 157 Cl 410Antitrust ] 140 Negotiable Instrument Liability Cl 367 Health Carel ] I 50 Recovery of Overpayment Cl 320 Assault, Libel & Phannaceutical 'iimim.i!iilro:jlmief!~~ Cl 430 Banks and Banking 1-..., " Cl 450 Commen:e & Enforcement of Judgment Slander Personal Injury Copyrights Cl 460 Deportation ] 151 Medicare Act Cl 330 Federal Employers' Product Liability Patent Cl 470 Racketeer Influenced and ] 152 Recovery of Defaulted Liability Cl 368 Asbestos Personal CJ 840 Trademark Corrupt Organimtions Student Loans Cl 340 Marine Injury Product Cl 480 Consumer Credit (Excludes Veterans CJ 345 Marine Product Liability li!iiii!!l!iiji,amllm!iiiii!ii!!li' !1,,1llf!q~a:jmimiii![iii!!iiira CJ 490 Cable/Sat TV j 153 Recovery of Overpayment Liability PERSONAL PROPERTY Fair Labor Standards HIA (1395ft Securities/Commodities/ of Veteran's Benefits Motor Vehicle Other Fraud Act Black Lung (923 Exchange j 160 Stockholders' Suits O 355 Motor Vehicle Cl 371 Truth in Lending Cl 720 Labor/Management DIWC/DIWW (405(g Other Statutory Actions j 190 Other Contraet Product Liability Cl 380 Other Personal Relations SSID Title XVI Cl 89 l Agricultural Acts j 195 Contract Product Liability Cl 360 Other Personal Property Damage Railway Labor Act Cl 865 RSI (405(g Cl 893 Environmental Matters j 196 Franchise Injury Cl 385 Property Damage Cl 751 Family and Medical Cl 895 Freedom of Information Cl 362 Personal Injury- Product Liability Leave Act Act Medical Maloractice Cl 790 Other Labor Litigation Cl 896 Arbitration f,:-. iiij [d.o.,jl ''''ii'!&!fiif!r~,;.1,~ 11,11,.1t111~~!J![i;i ii;ji:1r1t~:;wjht~:s~wlll1!1~,,,1 11 1! ~llf!j p~rii]~nfi1.:m..,:fpiij. ijti,j]otins]1so, CJ 791 Employee Retirement t:.-~.=... =.RA:":' "::r;~.ta:-:,xr.. a;::u,~1n=a=rl'*'' CJ 899 Administrative Procedure :J 210 Land Condemnation JI 440 Other Civil Rights Habeas Corpus: Income Security Act Cl 870 Taxes (U.S,, Plaintiff Act/Review or Appeal of :J 220 Foreclosure Cl 441 Voting Alien Detainee or Defendant Agency Decision :J 230 Rent Lease & Ejectment Employment Motions to Vacate Cl 871 IRS-Third Party Cl 950 Constitutionality of :J 240 Torts to Land Housing/ Sentence 26 USC 7609 State Statutes :J 245 Tort Product Liability Accommodations General :J 290 All Other Real Property Amer. w/disabilities - Cl 535 Death Penalty Employment Other: Cl 446 Amer. w/disabilities Cl 540 Mandamus & Other Other Civil Rights Cl 448 Education Cl 555 Prison Condition CJ 560 Civil Detainee - Conditions of Confinement 111i ,,,,,,,'"''11lMMIGRA 11uN; li"1iiil.ii:' Cl 462 Naturalization Application Cl 465 Other Immigration Actions V. ORIGIN (Place an",'(" in One Box Only 11( I Original CJ 2 Removed from CJ 3 Remanded from CJ 4 Reinstated or CJ 5 Transferred from CJ 6 Multidistricl Proceeding State Court Appellate Court Reopened Another District Litigation (.vpecify Cite the U.S. Civil Statute under which you are filing (Do not clte}urisdlctlonal statutes unless diversity: 42 USC Section 2000-e VI. CAUSE OF ACTION ~B~r~ie~fd~e-sc-r~ip..,tio_n_o..,f~c-au-se-: unlawful termination of employment because of sex and pregnancy in violation of federal and state law VII. REQUESTED IN LI CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint. COMPLAINT: UNDER RULE 23, F.R.Cv.P. 500, JURY DEMAND:!1 Yes CJ No VIII. RELATED CASE(S (See imtrot:tion.f}: IF ANY JUDGE DOCKET NUMBER DATE 07/25/2014 FOR OFFICE USE ONLY SIGNATURE OF ATTORNEY OF RECORD Brian K. Gallik 11l '~ RECEIPT II.AMOUNT APPL YING IFP JUDGE MAG.JUDGE