IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION V. CAUSE NO.: COMPLAINT (JURY TRIAL DEMANDED)

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION ERICA N. STEWART PLAINTIFF V. CAUSE NO.: TAROLD DURHAM and BELHAVEN UNIVERSITY DEFENDANTS COMPLAINT (JURY TRIAL DEMANDED) COMES NOW Plaintiff Erica N. Stewart, by and through her attorney of record, and files this her Complaint for damages against Defendants TAROLD DURHAM and BELHAVEN UNIVERSITY and for cause would show unto the Court the following: PARTIES 1. Plaintiff, Erica N. Stewart (hereinafter Plaintiff ) is an adult resident citizen of Mississippi, residing at 1867 Northwood Circle, Jackson, Mississippi Defendant Tarold Durham (hereinafter Defendant Durham ) is an adult citizen of Mississippi, and may be served with process at Belhaven University where he works as Director of Online Admissions in Jackson, Mississippi, located at 1500 Peachtree Street, Jackson, Mississippi Durham s actions at all relevant times as outlined herein occurred while he was acting within the scope of his employment as the Director of Online Admissions for Belhaven University on or about November 30, Defendant Belhaven University (hereinafter Defendant Belhaven ) is a Christian university within the State of Mississippi. Belhaven may be served with process

2 by and through Roger Parrott, the President of Belhaven University, at 1500 Peachtree Street, Jackson, Mississippi JURISDICTION AND VENUE 4. This action is being brought pursuant to 28 U.S.C. 1331, 28 U.S.C. 1343(a)(3) and 42 U.S.C and includes any and all state law claims pled herein for which jurisdiction and venue attach. 5. Venue is proper in the Southern District of Mississippi, pursuant to 28 U.S.C since a substantial part of the events and omissions giving rise to this claim occurred in this judicial district. FACTS 6. At all times material hereto, Defendant Durham was the Director of Online Admissions of the Defendant Belhaven. 7. On or about November 30, 2015, Defendant Durham interviewed Plaintiff for the position of Receptionist. 8. Defendant Durham had a pattern and practice of making offensive sexual advancements to Plaintiff. 9. Initially, Defendant Durham engaged in sexual advancements toward Plaintiff via social media and then the activity escalated to text messages resulting in an obscene photograph of Defendant s Durham male reproductive organ (penis) being sent to Plaintiff with the caption Can I get something for the interview? 10. Defendant Durham used his position as the hiring official when making sexual advancements to the Plaintiff.

3 11. Plaintiff continuously denied Defendant Durham s repeated sexual advances. 12. On or about January 7, 2016, Plaintiff was informed that the Receptionist position was no longer available. 13. Plaintiff was discriminated against in violation of Title VII of the Civil Rights Act of 1964, as amended, because of Plaintiff s sex (female) in that she was subjected to continuous sexual advances which she denied. As a result of denying Defendant Durham s sexual advances, Plaintiff was retaliated against when she was denied employment. ADMINISTRATIVE PROCEDURE 14. On or about January 13, 2016, Plaintiff filed a charge of discrimination, satisfying the requirements of 42 U.S.C (e) with the EEOC in Jackson, Mississippi. Such charge was filed within one hundred and eighty (180) days after the last unlawful employment practice occurred. 15. The EEOC conducted an investigation. On June 22, 2016, the EEOC issued a determination. According to the determination, 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. 16. This Complaint is being filed within ninety (90) days of the Plaintiff s receipt of the Notice of Right to Sue. Plaintiff has complied with all statutory and administrative prerequisites to filing suit.

4 CAUSE OF ACTION QUID PRO QUO SEXUAL HARASSMENT 17. The Plaintiff re-alleges all prior paragraphs of the Complaint as if set out here in full. 18. Plaintiff contends that Defendant Durham used his apparent authority as Director of Online Admissions to demand sexual favors from Plaintiff and denied her employment when Plaintiff refused his sexual advances. 19. Upon information and belief, Defendant Belhaven knew or should have known of Defendant Durham s unwelcome and unwanted sexual advances towards Plaintiff and did nothing to stop Defendant Durham from preying on its potential employees or current employees. 20. As a proximate consequence of the actions of Defendants Tarold Durham and Belhaven University, the Plaintiff suffered economic and emotional harm. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 21. Plaintiff re-alleges all prior paragraphs of the Complaint as if set out here in full. 22. Plaintiff contends Defendant Durham s conduct and Defendant Belhaven, failure to end this inappropriate conduct is outrageous and beyond all decency especially since Plaintiff was seeking employment at a Christian university. 23. As a proximate consequence of the actions of Defendants Tarold Durham and Belhaven University, the Plaintiff was harmed.

5 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 24. Plaintiff re-alleges all prior paragraphs of the Complaint as is set out here in full. 25. Plaintiff contends that Defendant Durham s conduct was outrageous and that Defendant Belhaven knew or should have known that Tarold Durham s conduct was outrageous and beyond all decency and that it would cause harm to the Plaintiff. 26. As a proximate consequence of the actions of Defendants Tarold Durham and Belhaven University, the Plaintiff was harmed. NEGLIGENT HIRING, SUPERVISION AND RETENTION 27. Defendant Belhaven, and its board members, breached their duties to Plaintiff by negligently hiring, supervising and continuously retaining Defendant Durham, who engaged in outrageous conduct against the Plaintiff. The defendant s failure to adopt and implement policies, procedures, and practices to prevent Defendant Tarold Durham from being hired or retained by Belhaven University was a direct cause of Plaintiff s injuries and violations of Plaintiff s rights secured under state and federal law. 28. As a result of the negligent hiring, supervision and retention of Defendant Tarold Durham, the Plaintiff has suffered and will continue to suffer harm and damages as alleged herein and Plaintiff seeks an award of compensatory and punitive damages as prayed for below.

6 DAMAGES 29. As a consequence of the foregoing misconduct of Defendant Tarold Durham and Belhaven University, Plaintiff sustained pain and suffering, great mental distress, depression, insomnia, shock, economic damages, and humiliation. 30. As a consequence of the foregoing misconduct of Defendants Tarold Durham and Belhaven University, Plaintiff has been damaged in an amount exceeding the jurisdictional requirements of this Court. RELIEF 31. Plaintiff requests that the Court issue the following relief: a. Enter declaratory relief declaring that Defendants have engaged in quid pro quo discrimination, intentional infliction of emotional distress, and negligent infliction of emotional distress; b. Award Plaintiff Erica N. Stewart compensatory and punitive damages for intentional sex discrimination, harassment, and all alleged causes of action in an amount to be determined by a jury of her peers. c. Award Plaintiff attorney fees, costs and expenses of litigation and; d. Award such other relief to which Plaintiff may be entitled under law. WHEREFORE, PREMISES CONSIDERED, Plaintiff Erica N. Stewart demands judgment against Defendants Tarold Durham and Defendant Belhaven University in an amount exceeding the jurisdictional requirements of this Court, all together with the court costs, including attorneys fees, plus pre and post judgment interest, and for any other relief which this Court deems just and proper.

7 RESPECTFULLY SUBMITTED this, the 20 th day of September, ERICA N. STEWART, PLAINTIFF s/ Carlos E. Moore BY: Carlos E. Moore, MSB# Counsel for Plaintiff OF COUNSEL: MOORE LAW GROUP, P.C. 306 Branscome Drive P. O. Box 1487 Grenada, MS phone fax