//0 :: AM CV 0 0 RICKY PANG, v. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH Plaintiff, XTREME CONSULTING GROUP, INC. dba XTREME PORTLAND, OR dba XTREME CONSULTING; SHAWN RIGGIN, an individual, and DAIMLER TRUCKS NORTH AMERICA LLC, follows: Defendants. Case No. COMPLAINT FOR UNLAWFUL EMPLOYMENT PRACTICES (Violations of ORS A.00((a, (b and (g, and ORS A. Age and Racism, and Aiding and Abetting Prayer Amount: $0,000.00 Filing Fee: $.00 Fee Authority: ORS.0((d DEMAND FOR JURY TRIAL Not Subject To Mandatory Arbitration For his complaint against defendants, plaintiff Ricky Pang ( Pang alleges and states as Plaintiff Pang is an Asian man who resides in Oregon... Defendant Xtreme Consulting Group, Inc. dba Xtreme Portland ( Xtreme is a company with its principal place of business in Beaverton, Oregon. Page DCAPDX V SW Sixth Avenue, Suite 00 Portland, OR 0- Telephone: 0..0 Fax: 0..
0 0. Defendant Shawn Riggin ( Riggin is the Service Manager at Xtreme Consulting for Daimler and resides in Multnomah County.. Defendant Daimler Trucks North America LLC ( Daimler is a foreign limited liability company with its principal place of business in Multnomah County, Oregon.. Pang is 0 years of age. His race is Asian.. Pang was employed by defendants Xtreme and Daimler as a Data Center Management Team Coordinator beginning in June, 0.. On March, 0, Pang s lead was moved to a different assignment. Despite promises that the position would be advertised and Pang would have an opportunity to apply, defendants hired a younger less qualified white employee to replace his lead, and did not give Pang the opportunity to apply for the position, even though he met all the necessary qualifications to do the job.. In or about June 0, Pang requested a pay increase due to specialized tasks assigned to him. The tasks are handled by higher positions. Defendants refused to give him a raise. Younger less qualified white employees were hired at higher pay rates.. In or about June 0, a higher position became available and Pang met all the qualifications. employees. Defendants refused to promote him and hired younger less qualified white Page DCAPDX V SW Sixth Avenue, Suite 00 Portland, OR 0- Telephone: 0..0 Fax: 0..
0 0 0. In or about August 0, Pang s lead, Forrest Mann, told others that Pang was gay. Pang reported Mr. Mann s remarks to another lead, Julio Goo-Ortiz. Defendants did not investigate the concerns of Pang and did not take any corrective action. Mr. Mann continued with these types of remarks until he was terminated for other reasons.. On or about February, 0, Manager Steve Miller hired a younger less qualified person to setup a new database. Pang had more experience and qualifications for the job, but defendants again refused to promote Pang to that position.. On or about February, 0, defendants hired another younger white employee for a position Pang was more qualified to assume.. After complaining to Riggin and defendants, Pang was then moved from his current cubicle and now has to share a cubicle with another minority employee. White employees are not treated the same and they have their own individual cubicles.. On several occasions, defendants asked and required only minorities to work longer hours and weekends. Pang was asked several times to work longer hours and weekends.. Pang complained about age, race and sex discrimination to management including Riggin on several occasions, despite such complaints, there were no investigation and corrective action has been taken.. Over the past several years defendants have engaged in an unlawful pattern and practice of refusing to promote its older minority workers and promoting only younger white employees. Page DCAPDX V SW Sixth Avenue, Suite 00 Portland, OR 0- Telephone: 0..0 Fax: 0..
0 0. This pattern and practice has been demeaning and embarrassing to Pang. After Pang was asked to train another white, younger employee, less qualified than Pang, it became too upsetting for Pang and he felt he no other choice but to terminate his employment. First Claim for Relief (Age and Race Discrimination Against Daimler ORS A.00((a and (b. Pang re-alleges paragraphs through as though fully set forth herein.. Defendant s decision to refuse to promote Pang was based, at least in part, on Pang s age and race in violation of ORS A.00((a. 0. Defendant discriminated against Pang in the terms and conditions of employment on the basis of Pang s age and race in violation of ORS A.00(b.. As a proximate result of defendants conduct, Pang has suffered lost wages (back pay and front pay in an amount to be determined at trial, but no less than $00,000.00.. As a proximate result of defendants conduct, Pang has suffered mental and emotional distress and damage to his reputation in an amount to be determined at trial, but no less than $0,000.00.. Pang has hired legal counsel to bring these claims and is entitled to an award of reasonable costs, expert witness fees and attorney fees pursuant to ORS Chapters 0 and A. Page DCAPDX V SW Sixth Avenue, Suite 00 Portland, OR 0- Telephone: 0..0 Fax: 0..
0 0 Second Claim for Relief (Aiding and Abetting Retaliation Against Riggin - ORS A.00((g. Pang realleges paragraphs through as though fully set forth herein.. Riggin s unlawful actions as alleged herein were motivated, at least in part, by Pang s complaints of age and race discrimination.. Riggin s conduct constitutes aiding and abetting in retaliation on the basis of age, in violation of ORS A.00((g.. As a result of Riggin s conduct, Pang has suffered mental and emotional distress and damage to his reputation in an amount to be determined at trial and believed to be no less than $0,000.00.. Pang has hired legal counsel to bring these claims and is entitled to an award of reasonable costs, expert witness fees and attorney s fees pursuant to ORS Chapter 0 and A..f RELIEF REQUESTED WHEREFORE, Pang requests that this Court grant judgment as follows:. An award against Xtreme of lost wages and fringe benefits in an amount to be determined at trial, but no less than $00,000.00, plus prejudgment interest through trial at the statutory rate and an award of damages for mental and emotional distress, damage to reputation and other compensatory damages in an amount to be determined at trial, but no less than $0,000.00; Page DCAPDX V SW Sixth Avenue, Suite 00 Portland, OR 0- Telephone: 0..0 Fax: 0..
0. An award against Daimler of lost wages and fringe benefits in an amount to be determined at trial, but no less than $00,000.00, plus prejudgment interest through trial at the statutory rate and an award of damages for mental and emotional distress, damage to reputation and other compensatory damages in an amount to be determined at trial, but no less than $0,000.00;. An award against Riggin of lost wages and fringe benefits in an amount to be determined at trial, but no less than $00,000.00, plus prejudgment interest through trial at the statutory rate and an award of damages for mental and emotional distress, damage to reputation and other compensatory damages in an amount to be determined at trial, but no less than $0,000.00;. An award of reasonable costs, expert witness fees and attorney fees; and. All other fit and proper relief. Dated this 0th day of July, 0. /s/ Anne D. Foster Anne D. Foster, OSB No. Email: afoster@dunncarney.com Attorneys for Plaintiff 0 Page DCAPDX V SW Sixth Avenue, Suite 00 Portland, OR 0- Telephone: 0..0 Fax: 0..