IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Size: px

Start display at page:

Download "IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION"

Alvin Grant
5 years ago
Views:

1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, v. Plaintiff, ETHIO EXPRESS SHUTTLE SERVICE, INC. CIVIL ACTION NO. So United States Courts Uthem Diatrict of Texes FILED MAR II:fJaeJ N. Milby, Clark of CoIll1 d/b/a TEXANS SHUTTLE H Defendant. JURY TRIAL DEMANDED ORIGINAL COMPLAINT OF THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO THE HONORABLE UNITED STATES DISTRICT COURT: NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of national origin and race, and to provide appropriate relief to Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and to other black United States natives who have worked as drivers for Ethio Express in Houston, Texas, each of whom were adversely affected by such practices. As alleged with greater particularity in paragraphs 9-12, below, Ethio Express Shuttle Service, Inc. ("Ethio Express"), discriminated against black American drivers who did not have recent African ancestry, because of their national origin and/or race, by subjecting them to different terms and conditions of employment than similarly situated drivers who were born in Africa or whose parents were born overseas. I

2 JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C 451, 1331, 1337, 1343, and This action is authorized and instituted pursuant to Sections 706(t)(1) and (3) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-5(t)(I) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 1981a. 2. The alleged unlawful employment practices were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, as amended, and is expressly authorized to bring this action by Section 706(t)(1) and (3) of Title VII, 42 U.S.C. 2000e-5(t)(I) and (3). 4. At all relevant times, Defendant Ethio Express has continuously been a corporation doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. 5. At all relevant times, Ethio Express has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b)~ (g) and (h) of Title VII, 42 U.S.C. 2000e(b), (g) and (h). STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Andrew Cooper and Michael Calligan filed charges with the Commission alleging violations of Title VII by Ethio 2

3 Express. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 2003, Ethio Express has engaged in unlawful employment practices in its operations in the greater Houston metropolitan area, in violation of Section 703(a) of Title VII, 42 U.S.C. 2000e-2(a). 8. Andrew Cooper, a black American, began working as a driver for Ethio Express in April Michael Calligan, also a black American, began working for Defendant as a driver around September Maralisia Mack and Gerald K. Fields also were employed by Ethio Express as drivers. 9. Mr. Cooper was once advised by Ethio Express management that "you blacks are happy as long as whites give you food stamps." 10. At Ethio Express, drivers not of Ethiopian heritage were subjected to different terms and conditions of employment because of their national origin and/or race. For example, black Americans would be dispatched on "ghost trips," in which a driver would arrive at a destination to find no passenger waiting, while routes with paying passengers were assigned to drivers of Ethiopian ongm. 11. At times of higher passenger volume, such as the Super Bowl week in 2004, regular routes normally assigned to non-ethiopian drivers were taken away and given to drivers of Ethiopian origin, thus depriving the non-ethiopian drivers of higher tip income. 12. Ethio Express's practices concerning lease terms, dress code, meeting attendance, tip distribution, and the quality of vans assigned to drivers all discriminatorily disfavored non-ethiopian drivers. 13. The effect of the practices complained of in paragraphs 9-12, above, has been to 3

4 deprive Cooper, Mack, Calligan, Fields, and the other class members of equal employment opportunities and otherwise adversely affect their status as employees because of their national origin and race. 14. The unlawful employment practices complained of in paragraphs 9-12 were and are intentional. 15. The unlawful employment practices complained of in paragraphs 9-12, above, were and are done with malice or with reckless indifference to the federally protected rights of Cooper, Mack, Calligan, Fields, and other black American drivers and drivers not of Ethiopian heritage. PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Ethio Express Shuttle Service, Inc., its officers, successors, assigns and all persons in active concert or participation with it, from engaging in discriminatory wage practices and any other employment practices which discriminate on the basis of national origin or race. R Grant a permanent injunction enjoining Ethio Express, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any unlawful retaliation against individuals who oppose employment practices reasonably believed to be unlawful under Title VII, or against individuals who assist, encourage, and/or support others who oppose employment practices reasonably believed to be unlawful under Title VII. C. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunity for black Americans and others not of Ethiopian heritage, 4

5 and which eradicate the effects of its past and present unlawful employment practices against these groups. D. Order Defendant to make whole Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members by providing appropriate backpay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement, to aggrieved non-ethiopian drivers, or in the alternative to provide front pay. E. Order Defendant to make whole Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 9-12, above, in amounts to be determined at trial. F. Order Defendant to make whole Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraphs 9-12, above, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial. G. Order Ethio Express to pay Andrew Cooper, Michael Calligan, Maralisia Mack, Gerald K. Fields, and other class members punitive damages for its malicious and reckless conduct described in paragraphs 9-12, above, in amounts to be determined at trial. H. Grant such further relief as the Courts deems necessary and proper in the public interest. I. Award the Commission its costs of this action. 5

6 JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES L. LEE Deputy General Counsel GwnNDOLYNYOUNGREAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C OF COUNSEL: Jim Sacher Regional Attorney Rose Adewale-Mendes Supervisory Trial Attorney Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston, Texas Timothy M. B wne Senior Trial ttorney Attorney-in-Charge Texas Bar No Southern Dist. of Texas No Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston, Texas (713) (713) [facsimile] timothy.bowne@eeoc.gov 6

7 CIVIL COVER SHEET e JS 44 (Rev. 07/89) e The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided 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 purpose of initiatmg the clvll docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I(a) PLAI~TIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT IN U.S. PLAINTIFF CASES) DEFENDANTS Ethio Express Shuttle Service, Inc. U COUNTY OF RESIDENCE OF FIRST LlST~FENDANT. Harris (IN U S. PLAINTIFF CASES ONLy) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOL YEO ( c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Timothy M. Bowne, Trial Attorney EEOC-Houston District Office 1919 Smith Street, 7th Floor Houston, Texas II. BASIS OF JURISDICTION [xli U.S. Government Plaintiff [] 2 U.S. Government Defendant (place AN l( IN ONE BOX ONLY) [] 3 Federal Question (U S Government Not a Party) [] 4 Diversity (IndIcate Clt!zenslnp of Parties In Item III) ATTORNEYS (IF KNOWN) MAR UichaaI No Milb,Clark of Court III. CITIZENSHIP OF PRINCIPAL PARTIES (place AN x IN ONE BOX (For Diversity Cases Only) PTF DEF FOR PLAINTIFF AND ONE BOX FOR DEFENDANl) PTF DEF Citizen of This State []I [] I Incorporated or Principal Place [] 4 [] 4 of Business in This State Citizen of Another State [] 2 [] 2 Incorporated and Principal Place [ ] 5 [] 5 of Business in Another State Citizen or Subject of a [] 3 [] 3 Foreign Nation []6 []6 Foreign Country IV. CAUSE 0 F A <;:TI 0 N (CITE THE U S CIVIL ST A l1ji'e UNDER WlllCII YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE 00 NOT CITE JURlSDICTlONAL STA l1ji'es UNLESS DIVERSITY) Defendant engaged in unlawful employment practices in violation of Section 703 of Title VII, and Section 102 of the Civil Rights Act of The practices include discnmmation on the basis of national origin. V NATURE OF SUIT (PLACE AN xin ONE BOX ONLy) CONTRACT TORTS FORFEITUREIPENAL TY BANKRUPTCY [] 110 Insunm" PERSONAL INJURY PERSONAL INJURY [] 610 Agn,ulture [] 422 Appcol28 usc 158 [] 120 Manne [] 310 Aupl",,, [] 361!,"'~~.!.,:- [] " Food & Drug [] 423 w,thdn>w.128 usc 157 [] 130 "'''" Act [] 315 Auplane Product Llablhty [] 36i P",onaIInJury-Produot [] ~il~~~":8~of [] 140 Negotiable Instrument [] 320 A..,ul, Ld,,1 & SI"""" labtllty PROPERTY RIGHTS [] 630 L,'I"'" low. [] 330 FcdenU Employ",' L"bd"y [] ~o=;;=;t& [] 36~~.~:",IInJury [] 640 R R & Truck [] 340 [] 820 Copynsh~ Manne []151 MoW_Ad [] 345 Manne Product L"b,uty PERSONAL PROPERTY [] 650 Aulme Reg. [] 830 Poteat [] 370 Othor FIBud [] 660 C>ccupo"onal S.fotyJII.. lth [] J. '~~~::"~:::") [] 350 MolD< VoIucl, [] 840 T""""""" [] 371 Truth '" Londmg [] 3SS Motor VehIcle Product [] 690 [] " ~l!:;:~~~ Overpa}meru of [] 380 Othor P",onsl Pro""", Dwnaso Llsblld) LABOR SOCIAL SECURITY [] 160 [] t8~ Property Dwnago Product Stockholders'Sults [] 360 Othor P,,,onaIInJury 18 Ihty [] " Contra" - [] 710 F.ulo""'S""""",,Ad [] 861 HIA (13950) CIVIL [] 195 Contract Product Liability [] 720 loborlmgml Rd,""", [] 862 Block L""g (923) RIGHTS PRISONER PETITIONS [] 863 DIWCIDIWW (405(g) REAL PROPERTY [] 71E..~=:: RoportmB [] 441 Vo""" [] SIO MottonstoVllcatcScntence [] 864 SSID "do XVI [] 740 Ro,lwoylo!xx Act [] 2 t 0 Land Condtmno"on [X] 442 Emplaymont Habeas Corpus [] 865 RSI (405(g) [] 790 Othor lo!xx L,bgotwn [] 220 F~lo,ure [] 443 Ho~mglAcrommodauom [] 530 Gon=1 [] Empl Rot Inc Soounty [] 230 Rent Lease & Ejectment [] 444 Wolf", [] 535 Deoth Pon.lty FEDERAL TAX SUITS [] 240 Toru to Land [] 440 Othor eml "'shu [] 540 Mandam~ & Othor [] 245 Tort Product L.. bd,ty [] " [] rt7~:)c3 (U S PlamldT or [] 290 All Othor R~I Pro""", fl 871 IRS-Thud Porty 26 USC 7609 OTHER STATUTES [] 400 State Rcapporuonment [] 410 An"""'t [] 430 Bonb "'" B,nkmg [] 450 Comme=ilCC Rotesiel<> [] 460 Doporta"on []4~=lnflumccd""'Conupt [] 810 Sol","", 80M", [] ~~I!..,:un"""'ommoW"",j [] 87~2 ~;~~hallenge [] 891 Agn,ultunl Ao~ (] 892 Eoononuc StabdlZauon Act [] 893 Eo'uonmontal Matten [] 894 Energy Allocation Act [] 895 Froodom oflnfonnauon Ad [] mr"::: ~::!==tlcm [] 950 Constltul1onahty of Stale Statutes [] 890 Othor Statutory A,"o", VI. ORIGIN [X] t Original Prote'.ding (PLACE AN x IN ONE BOX ONLy) Transferred from Appeal to District [] 2 Removed from [] 3 Remanded from [] 4 Remstated or [] 5 another distnct [] 6 Multidistrict [] 7 Judge from State Court Appellate Court Reopened (specify) Litigation Magistrate Judgment VI1. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ COMPLAINT: [] UNDER F.R.C P. 23 Check YES only If demanded in complamt: JURy DEMAND, [X] YES [] NO VIII. RELATED CASE(S) IF ANY (Soemotrucuom) JUDGE DOCKET NUMBER UNITED STATES DISTRICT COURT SIGNA~OFRECO~~ ~rv;'. 'e \

ORIGINAL COMPLAINT OF THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO THE HONORABLE UNITED STATES DISTRICT COURT:

ORIGINAL COMPLAINT OF THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO THE HONORABLE UNITED STATES DISTRICT COURT: u~em ~L~ of Te~m~ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Plaintiff, ClVlL ACTI(~. 0 5 ~ ~ 8 KROGER TEXAS L.P., Defendant.