IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Case 2:13-cv JPS Filed 01/18/13 Page 1 of 12 Document 1

Case 2:18-cv JPB Document 1-1 Filed 10/25/18 Page 1 of 2 PageID #: 31

Case 6:17-cv JA-GJK Document 1 Filed 12/14/17 Page 1 of 7 PageID 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Case 3:17-cv BEN-BGS Document 1 Filed 07/19/17 PageID.1 Page 1 of 3

Case: 1:17-cv SA-DAS Doc #: 1 Filed: 05/19/17 1 of 5 PageID #: 1

Case: 1:18-cv Document #: 1-2 Filed: 06/14/18 Page 1 of 2 PageID #:8 CIVIL COVER SHEET

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION. NEXUS SERVICES, INC., ) ) Plaintiff, ) Case No:

Case 2:18-cv Document 1 Filed 01/03/18 Page 1 of 5 PageID #: 1

Case 0:09-cv DWF-SRN Document 1 Filed 10/28/09 Page 1 of 5

Case 1:17-cv RNS Document 1 Entered on FLSD Docket 01/31/2017 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case 1:17-cv KMW Document 1 Entered on FLSD Docket 07/19/2017 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

CASE 0:17-cv WMW-LIB Document 1 Filed 10/20/17 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Case 2:18-cv HCM-RJK Document 1 Filed 07/03/18 Page 1 of 5 PageID# 1

MASTER SHORT-FORM COMPLAINT FOR INDIVIDUAL CLAIMS

allege ("Plaintiffs"), on behalf of themselves and others similarly situated, hereby 216(b) ("FLSA"). Accordingly, this Court has subject-matter

Case 4:16-cv Document 1 Filed in TXSD on 10/24/16 Page 1 of 9

Case 3:18-cv TBR Document 1 Filed 01/30/18 Page 1 of 8 PageID #: 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION

Case 4:16-cv Document 1 Filed in TXSD on 10/24/16 Page 1 of 9

Case 1:17-cv UU Document 1 Entered on FLSD Docket 03/22/2017 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

PLAINTIFF S ORIGINAL COMPLAINT

Case 1:16-cv JAL Document 1 Entered on FLSD Docket 11/09/2016 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case 3:17-cv G Document 1 Filed 05/26/17 Page 1 of 6 PageID 1

vehicle. The Plaintiff, Oscar Willhelm Nilsson, by undersigned counsel, states as

Case 3:16-cv YY Document 1 Filed 07/10/16 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR DAMAGES

Case 1:18-cv FAM Document 1 Entered on FLSD Docket 02/08/2018 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case 2:18-cv SJF-GRB Document 1 Filed 07/02/18 Page 1 of 5 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Case 0:17-cv BB Document 1 Entered on FLSD Docket 05/03/2017 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case 3:16-cv L Document 1 Filed 11/01/16 Page 1 of 9 PageID 1

Case 3:16-md VC Document Filed 05/29/17 Page 1 of 9. Exhibit 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Civil No

Case 8:17-cv CEH-TBM Document 1 Filed 09/28/17 Page 1 of 6 PageID 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 1:15-cv GLR Document 1 Filed 12/23/15 Page 1 of 26

Case 5:16-cv BKS-DEP Document 1 Filed 11/18/16 Page 1 of 9

Case 1:06-cv LTB-CBS Document 1 Filed 09/29/2006 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 8:17-cv RAL-TGW Document 1 Filed 06/30/17 Page 1 of 12 PageID 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 1:17-cv FAM Document 1 Entered on FLSD Docket 12/22/2017 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case 1:17-cv DLH-CSM Document 1 Filed 10/17/17 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NORTH DAKOTA WESTERN DIVISION

Case 4:15-cv A Document 1 Filed 05/20/15 Page 1 of 8 PageID 1

Case 3:17-cv K Document 1 Filed 07/24/17 Page 1 of 9 PageID 1

(collectively "Defendants") unpaid overtime wages, Plaintiff, CASE NO.:

Case 1:17-cv UU Document 1 Entered on FLSD Docket 01/27/2017 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case: 4:16-cv Doc. #: 1 Filed: 07/25/16 Page: 1 of 9 PageID #: 1

Case 5:18-cv Document 1 Filed 06/11/18 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS. Case No.: ) ) ) ) ) ) ) ) ) )

Case 5:17-cv Document 1 Filed 01/20/17 Page 1 of 9 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 1:16-cv RGA Document 1 Filed 02/17/16 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION. v. Civil Action No.

Case 4:18-cv O Document 1 Filed 05/22/18 Page 1 of 10 PageID 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

Case 2:17-cv SJF-GRB Document 1 Filed 11/09/17 Page 1 of 5 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Plaintiff, similarly situated, files this Complaint against Defendant, KLOPP INVESTMENT. attorneys' fees and costs.

Case 1:17-cv Document 1 Filed 09/29/17 Page 1 of 13 PageID #: 1

Case 1:17-cv Document 1 Filed 03/08/17 USDC Colorado Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 9:12-cv RC Document 1 Filed 08/13/12 Page 1 of 7 PageID #: 1

Case 2:18-cv SJF-SIL Document 1 Filed 03/29/18 Page 1 of 3 PageID #: 1

Case 3:17-cv Document 1 Filed 11/02/17 Page 1 of 7 PageID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 3:17-cv MO Document 1 Filed 09/27/17 Page 1 of 10

Billings, Montana Telephone: (406) individually and on behalf of all others similarly situated, Attorneys

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 2:18-cv Document 1 Filed 04/10/18 Page 1 of 5 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Case3:15-cv Document1 Filed03/12/15 Page1 of 7

Case 2:16-cv BLW Document 1 Filed 08/12/16 Page 1 of 4

Case 2:17-cv CCC-MF Document 1 Filed 02/17/17 Page 1 of 14 PageID: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY : : : : : : : :

Case 1:18-cv Document 1 Filed 04/06/18 Page 1 of 8 PageID #: 1

Case 2:13-cv WJM-MF Document 1 Filed 08/01/13 Page 1 of 24 PageID: 1

Case 1:16-cv RC Document 1 Filed 06/22/16 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 5:18-cv HE Document 1 Filed 07/16/18 Page 1 of 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

Case 1:17-cv YK Document 1-1 Filed 02/14/17 Page 1 of 2 CIVIL COVER SHEET

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE ) ) ) ) ) ) ) ) ) ) ) ) COLLECTIVE ACTION COMPLAINT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case: 1:17-cv Document #: 1 Filed: 04/24/17 Page 1 of 12 PageID #:1

THE UNITED STATES DISTRICT COURT FOR WESTERN DISTRICT OF VIRGINIA. Charlottesville Division CLASS ACTION COMPLAINT. Preliminary Statement

Case 2:18-cv KM-CLW Document 1 Filed 03/16/18 Page 1 of 14 PageID: 1

Case 1:11-cv UNA Document 1 Filed 08/19/11 Page 1 of 4 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CASE 0:16-cv JNE-FLN Document 1 Filed 09/01/16 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Kurtis Skaar

Case 8:17-cv VMC-MAP Document 1 Filed 09/28/17 Page 1 of 7 PageID 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA. Plaintiff, CIVIL COMPLAINT

Case 1:17-cv KMW Document 1 Entered on FLSD Docket 02/01/2017 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

Case 2:17-cv Document 1 Filed 01/09/17 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ROSWELL DIVISION

Case: 1:17-cv Document #: 1 Filed: 03/08/17 Page 1 of 14 PageID #:1

Case 2:18-cv Document 1 Filed 05/22/18 Page 1 of 7 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

For its Complaint against Defendant Adlife Marketing & Communications, Co.,

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Case 1:18-cv KMM Document 1 Entered on FLSD Docket 04/18/2018 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

EXPRESS, INC., A GEORGIA CORPORATION, D/B/A R&L GLOBAL LOGISTICS,

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) Case No.:

Case 2:17-cv Document 1 Filed 01/24/17 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 4:18-cv WTM-GRS Document 1 Filed 04/17/18 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

Case: 5:17-cv JMH Doc #: 1 Filed: 09/15/17 Page: 1 of 7 - Page ID#: 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. Plaintiff(s), Defendant(s).

Case 8:18-cv SCB-MAP Document 1 Filed 04/25/18 Page 1 of 10 PageID 1

Case 1:18-cv JAL Document 1 Entered on FLSD Docket 04/18/2018 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

PILED. tjjlf1jsjtct1jf FLO.: Plaintiff, BRANDY SHAFFER ("Plaintiff"), on behalf of herself and others similarly

Case 1:18-cv STV Document 1 Filed 01/11/18 USDC Colorado Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA. ORLANDODIVISION. u vad. CASE NO.: Ut... COMPLAINT AND DEMAND FOR JURY TRIAL

Case 2:17-cv Document 1 Filed 10/30/17 Page 1 of 10

Transcription:

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION EDWIN HOWELL, ) ) Plaintiff, ) CIVIL ACTION ) FILE NO. v. ) ) FLOYD COUNTY SCHOOL DISTRICT, ) FLOYD COUNTY BOARD OF ) EDUCATION, EMPLOYMENT ) ALLIANCES, LLC d/b/a ETOWAH ) EMPLOYMENT AGENCY, and ) SCOTT JUSTICE. ) ) Defendants. ) ) COMPLAINT FOR DAMAGES COMES NOW Edwin Howell, (hereinafter Howell ), by and through the undersigned counsel, and hereby files his Complaint for Damages against Floyd County School District ( Floyd County SD ) Floyd County Board of Education ( Floyd County BOE ), Employment Alliances, LLC d/b/a Etowah Employment Agency ( Etowah ), and Scott Justice ( Justice ) (hereinafter collectively referred to as the Defendants ) showing as follows:

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 2 of 16 Jurisdiction and Venue 1. This Court has jurisdiction over Howell s claims pursuant to 42 U.S.C. 2000 et seq., in that this is an action arising under the laws of the United States to recover damages pursuant to acts of Congress which provide for the protection of civil rights. 2. This Court also has supplemental jurisdiction over Howell s state law claims pursuant to 28 U.S.C. 1367, in that said claims arise from the same nucleus of operative facts as the federal claims which form the basis of this Complaint. 3. Venue is proper in the Northern District of Georgia pursuant to 28 U.S.C. 1391 (b) and (c) because the acts giving rise to this Complaint occurred within this District, and because Defendants are subject to this Court s personal jurisdiction. The Parties 4. Howell resides at 24 River Street Cave Springs, Georgia 30124 and for purposes of the instant action, submits to the jurisdiction and venue of this Court. - 2 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 3 of 16 5. Floyd County SD is a government entity with its principal place of business located at 600 Riverside Parkway NE Rome, Georgia 30161. Floyd County SD is subject to the jurisdiction of this Court and may be served at 600 Riverside Parkway NE Rome, Georgia 30161. 6. Floyd County BOE is responsible for formulating policies for the administration of all Floyd County public schools, including Coosa High School, and for training and supervision of its employees in accordance with the authority granted in the Ga. Const. Art. VII, 5, paras. 1 and 2, and O.C.G.A. 20-2-50. Floyd County BOE may be served through at 600 Riverside Parkway NE Rome, Georgia 30161. 7. Etowah is a Georgia Corporation, with its principal place of business located at 309 East 2nd Avenue Rome, Georgia 30161. Etowah is subject to the jurisdiction of this Court and may be served through its registered agent for service of process at 309 E. 2nd Ave, Floyd, Rome, GA, 30161. - 3 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 4 of 16 Statement of Facts 8. Howell satisfied all necessary conditions precedent prior to filing this Complaint, including the timely filing of a Charge of Discrimination (hereinafter the Charge ) with the Equal Employment Opportunity Commission (hereinafter the EEOC ), the receipt of a Right to Sue Letter from the EEOC and the filing of the instant lawsuit within ninety (90) days of his receipt of the Right to Sue Letter. 9. Howell also received a Right to Sue Letter from the U.S. Department of Justice, as it relates to filing a charge of discrimination against a government entity. The instant lawsuit was filed within ninety (90) days of both Right to Sue Letters. 10. Etowah, an employment agency, placed Howell. as a custodian at Coosa High School ( Coosa High ) in Etowah, Georgia. 11. Coosa High is a public school within the Floyd County SD. - 4 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 5 of 16 12. Floyd County BOE is responsible for formulating policies for the administration of the Floyd County SD. 13. Etowah, Floyd County SD, and Floyd County BOE jointly employed Howell. Therefore, Etowah, Floyd County SD, and Floyd County BOE are joint employers. Etowah, Floyd County SD, and Floyd County BOE shared control and supervision of Howell s employment. 14. While employed at Coosa High, Howell s supervisor, Justice, subjected Howell to severe and pervasive sexual harassment, as well as harassment based on his race. 15. On one occasion, Justice told Howell that he looked good in a swooning voice. On another occasion, Justice told Howell that he was sweet in a kissing tone. These were not mere compliments. This sexual harassment continued throughout Howell s employment. - 5 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 6 of 16 16. Howell, the only black custodian, was the only custodian being sent to different schools. When Howell asked Justice why he kept repeatedly being sent to other schools, Justice told him he would be fired unless he did as he said. 17. One time, in particular, Justice told Howell he had to go to another school for the day and told him not to complain. When Howell asked Justice why he was being asked to go, Justice stated, I don t want none of that Martin Luther King stuff from you your folks have already gotten enough of their way. 18. It is believed and, therefore alleged, that Justice also sexually harassed other employees. Justice also harassed James Cromer, Jr. ( Cromer Jr. ) and James Cromer Sr. ( Cromer Sr. ) (both of whom are herein collectively referred to as, coworkers ). 19. Late in the summer of 2016, Howell was in cafeteria with Cromer Jr., Cromer Sr. and some other employees. While Cromer Jr. was waxing the floor, Justice forcibly shoved his fingers up Cromer Jr. s rectum and moved them around. Cromer, Jr. was angry, mortified, humiliated and felt powerless to object or defend himself. - 6 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 7 of 16 20. After Justice fingered Cromer Jr. s rectum, Cromer Jr. spoke to Cromer Sr. and Howell. Collectively, they decided they could not take the harassment (both sexually and racially) anymore and something needed to be done. 21. Howell was unsure to who or where or how to report the harassment. Worse, Howell could not report the conduct to his supervisor because his supervisor was the harasser. 22. Howell remembered seeing Dr. Glenn White ( Dr. White ) from the Floyd County BOE at a few school functions. On several occasions, Howell saw Dr. White speaking to Justice. Howell was under the impression that Dr. White was Justice s supervisor, or at least someone who could either help or direct him to the right person. 23. Cromer Jr. called Meghan, a human resources employee with Etowah asking for advice. Meghan was unhelpful. Unsure what to do, Cromer Jr. suggested scheduling a meeting with Cromer Sr., Howell and Dr. White. Meghan expressed - 7 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 8 of 16 that she thought the meeting was a good idea and she also volunteered that other employees were having similar issues with Justice. 24. On August 31, 2016 at approximately 10:00 A.M., Cromer Sr., Cromer Jr., and Howell (collectively the Victims ) met with Dr. White to formally complain about Justice s sexual harassment. The Victims discussed Justice s sexual harassment and how this behavior embarrassed and humiliated them, and that Justice was creating an untenable working environment. 25. At the meeting, and without conducting any investigation at all, Dr. White sided with Justice and turned on the victims. It is unclear whether Dr. White knew anything about the victims or their employment history. None of the victims had been disciplined before. Nevertheless, Dr. White elected to respond to the very serious complaint by criticizing the work performance of the victims. Dr. White went on to tell the victims how Justice was a valuable employee with a long and successful career with Floyd County. 26. Dr. White chose to transfer the victims, not Justice, to other schools. In contrast, Justice was never transferred or disciplined. - 8 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 9 of 16 27. Approximately five hours after their meeting, Dr. White informed Cromer Jr. and Cromer Sr. that they would be transferred to other schools. Howell had his schedule changed. 28. Approximately a year later, Justice returned to his previous schedule at Coosa High School. Rather than keeping Justice at his current location, Defendants transferred Howell to a school further away from his home, citing the potential lawsuit as their reasoning. Count I: Sexual Harassment/ Hostile Work Environment in Violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.) 29. Howell hereby incorporates Paragraphs 1 through 28 of this Complaint, as if same were set forth fully herein. 30. Defendants are corporate or government entities, engaged in industries affecting commerce and are employers within the meaning of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000(e), et seq. - 9 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 10 of 16 31. Howell is a black male and a member of a protected class under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000(e), et seq. 32. Justice, acting in the scope of his employment, sexually harassed Howell in a severe and pervasive manner. The sexual harassment did alter the terms and conditions of Howell s employment and created an abusive working environment. Defendants condoned and ratified the sexual harassment. 33. Defendants violated Howell s rights by, among other things, subjecting him to a sexually harassing and hostile working environment, taking adverse employment actions against him for his refusal to acquiesce to sexual advances, and by failing to take reasonable preventative or corrective measures with respect to the unlawful harassing conduct. 34. The Defendants are per se liable for the sexual harassment and the hostile working environment in violation of Title VII. - 10 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 11 of 16 35. Additionally and in the alternative, the Defendants unlawful conduct constitutes sexual harassment culminating in an ultimate employment action against Howell. 36. As a direct and proximate result of the Defendants actions, Howell has suffered damages including emotional distress, inconvenience, humiliation, and other indignities. 37. Therefore, Howell is entitled to actual, compensatory and punitive damages in amounts to be proven at trial. Count II: Racial Harassment/ Hostile Work Environment in Violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.) 38. Howell hereby incorporates Paragraphs 1 through 37 of this Complaint, as if same were set forth fully herein. - 11 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 12 of 16 39. Defendants are corporate or government entities, engaged in industries affecting commerce and are employers within the meaning of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000(e), et seq. 40. Howell is a black male and a member of a protected class under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000(e), et seq. 41. Justice subjected Howell to disparate treatment on the basis of his race. 42. Defendants violated Howell s rights by, among other things, subjecting him to a harassing behavior based upon his race and a hostile working environment and by failing to take reasonable preventative or corrective measures with respect to the unlawful harassing conduct. 43. The Defendants are per se liable for the racial harassment and the hostile working environment in violation of Title VII. - 12 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 13 of 16 44. As a direct and proximate result of the Defendants actions, Howell has suffered damages including emotional distress, inconvenience, humiliation, and other indignities. 45. Therefore, Howell is entitled to actual, compensatory and punitive damages in amounts to be proven at trial Count II: Retaliation 46. Howell hereby incorporates Paragraphs 1 through 45 of this Complaint, as if same were set forth fully herein. 47. In complaining about Scott Justice s sexual and racial harassment, Howell engaged in protected activity under 42 U.S.C. 2000 et seq. - 13 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 14 of 16 48. By forcing Howell to transfer schools a result of his complaint, and without formally investigating, Defendants unlawfully retaliated against Howell, in violation of 42 U.S.C. 2000 et seq. 49. Defendants retaliatory conduct towards Howell was willful, intentional, malicious and/ or reckless. 50. Defendants retaliatory acts would dissuade a reasonable employee of Defendants from making complaints asserting their rights under 42 U.S.C. 2000 et seq. 51. Due Defendants retaliation, Howell has suffered and continues to suffer harm, including emotional distress. 52. As a result of Defendant s retaliation, Howell. is entitled to all legal and equitable relief available under 42 U.S.C. 2000 et seq., including but not limited, non-pecuniary damages for emotional distress, attorneys fees, and costs. - 14 -

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 15 of 16 Therefore, Howell is entitled to actual, compensatory and punitive damages in amounts to be proven at trial. WHEREFORE, Howell prays for the following relief: (a) (b) (c) That service of process issue; For a trial by a jury; For an award of actual and compensatory damages in amounts to be proven at trial; (d) For an award of punitive damages in an amount to be proven at trial and sufficient to punish defendants and to deter them from engaging in similar conduct in the future; (e) For an award of litigation expenses and costs, including attorneys fees; and (f) For such other and further relief as this Court deems just and proper. Respectfully submitted this 14th day of August, 2017. COHAN LAW GROUP, LLC /s/ Louis R. Cohan - 15 - LOUIS R. COHAN Georgia State Bar No. 173357 ARIEL D. FENSTER

Case 4:17-cv-00187-HLM-WEJ Document 1 Filed 08/14/17 Page 16 of 16 3340 Peachtree Road NE, Suite 2570 Atlanta, Georgia 30326 (404) 891-1770 (telephone) (404) 891-5094 (facsimile) lcohan@cohanlawgroup.com afenster@cohanlawgroup.com Georgia State Bar No. 420858 Attorneys for Plaintiff I further certify that the foregoing has been prepared in a Times New Roman 14-point font, one of the font and point selections approved by the Court in Local Rule 5.1(C). COHAN LAW GROUP, LLC /s/ Ariel D. Fenster ARIEL D. FENSTER Georgia Bar No. 420858-16 -

Case 4:17-cv-00187-HLM-WEJ Document 1-1 Filed 08/14/17 Page 1 of 2 JS 44 (Rev. 06/17) CIVIL COVER SHEET The JS 44 civil cover sheet and the information 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 initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Edwin Howell Floyd County School District, Floyd County Board of Education, Etowah Employment Alliances, LLC d/b/a Etowah Employment (b) County of Residence of First Listed Plaintiff Floyd County Agency, and Scott Justice County of Residence of First Listed Defendant Floyd (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Cohan Law Group 3340 Peachtree Road NE, Suite 2570 Atlanta, Georgia 30326 II. BASIS OF JURISDICTION (Place an X in One Box Only) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange 195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts 362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters Medical Malpractice Leave Act 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/disabilities - 535 Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/disabilities - 540 Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original 2 Removed from Proceeding State Court VI. CAUSE OF ACTION 3 Remanded from 4 Reinstated or 5 Transferred from Appellate Court Reopened Another District (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Title VII Brief description of cause: 6 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions): JUDGE DEMAND $ Yes- Unassigned (James Cromer Jr.) SIGNATURE OF ATTORNEY OF RECORD CHECK YES only if demanded in complaint: JURY DEMAND: Yes No DOCKET NUMBER FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 4:17-cv-00187-HLM-WEJ Document 1-1 Filed 08/14/17 Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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 initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) II. III. IV. Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. VI. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.