Case 210-cv-00097-WOB-JGW Document 1 Filed 04/29/10 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON TAMMY BROCK Case No. 382 Keegan Court Burlington, Kentucky 41005 Judge Plaintiff v. CRACKER BARREL OLD COUNTRY COMPLAINT STORE, INC. 7399 Turfway Road Florence, Kentucky 41042 JURY DEMAND ENDORSED HEREIN SERVE CT CORPORATION SYSTEMS 4169 Westport Road Louisville, Kentucky 40207 DEREK ROBINSON 7399 Turfway Road Florence, Kentucky 41042 Defendants Comes now the Plaintiff, by and through counsel, and states as follows JURISDICTION, VENUE, AND PARTIES 1. This action is brought to redress grievances protected by the United States Constitution, 42 U.S.C. 2000e-2, and state law claims under the Constitution and laws of the Commonwealth of Kentucky. 2. This Court has jurisdiction of these matters under 28 U.S.C. 1331 and 28 U.S.C. 1343. 3. This Court has supplemental jurisdiction of the state law claims under 28 U.S.C. 1367 and the doctrine of pendant jurisdiction. 1
Case 210-cv-00097-WOB-JGW Document 1 Filed 04/29/10 Page 2 of 6 4. Venue is proper for this action under 28 U.S.C. 1391. 5. At all times relevant, Plaintiff Tammy Brock was a resident and citizen of the Commonwealth of Kentucky. 6. At all times relevant, Defendant Cracker Barrel Old County Store, Inc. (hereinafter Cracker Barrel ) was a corporation licensed to and transacting business in the Commonwealth of Kentucky. 7. At all times relevant, Defendant Derek Robinson was a resident and citizen of the Commonwealth of Kentucky, and an employee of Cracker Barrel. FACTUAL BACKGROUND 8. Plaintiff incorporates by reference each and every allegation contained in the paragraphs above as if fully re-written here, and further states 9. Plaintiff began her employment with Cracker Barrel on or about April 12, 2005. 10. She was last employed as a server. 11. Between March 8, 2009 and June 28, 2009, Defendant Derek Robinson was the store manager over Plaintiff. 12. Defendant Robinson repeatedly asked Plaintiff to remove her shirt and iron it. 13. Defendant Robinson singled out female employees to iron their shirt, not asking male employees to iron their shirts, even when the male employee shirts were wrinkled. 14. On one occasion, on or about April 7, 2009, Defendant Robinson asked Plaintiff to remove her shirt for ironing, then purposefully sent a male employee into the room to reseat a television, exposing the shirtless Plaintiff. 2
Case 210-cv-00097-WOB-JGW Document 1 Filed 04/29/10 Page 3 of 6 15. Defendant Robinson placed the iron and ironing board an open training room, so that Plaintiff could not close off the room from male employees. 16. Defendant Robinson threatened to demote or fire Plaintiff if she did not iron her shirt. 17. Plaintiff complained to Defendant Robinson about the behavior, but Defendant Robinson did not change his behavior. 18. Defendant Robinson complained to Curt Blondheim, the district manager, that Plaintiff had threatened to have her husband beat up Defendant Robinson. 19. Plaintiff did not make any statements about violence towards Defendant Robinson. 20. Plaintiff then complained to Bev Cooper, a corporate employee with human resources. 21. After he complaint, Defendant Robinson began writing Plaintiff up for actions which were common practice in the restaurant. 22. Subsequent to her complaint, Plaintiff was suspended, then terminated. 23. Plaintiff filed a charge with the EEOC on or about July 13, 2009. 24. A Right To Sue letter was issued February 2, 2010. COUNT I - SEXUAL HARASSMENT - HOSTILE WORK ENVIRONMENT 25. Plaintiff incorporates by reference each and every allegation contained in the paragraphs above as if fully re-written here, and further states 26. Plaintiff is female. 27. Plaintiff belongs to the statutorily protected group of persons, due to her gender. 28. Plaintiff was subject to unwanted sexually explicit behaviors, and other verbal or 3
Case 210-cv-00097-WOB-JGW Document 1 Filed 04/29/10 Page 4 of 6 physical conduct of a sexual nature by her manager, Defendant Robinson. 29. Defendant Robinson s harassment was based on gender. 30. The harassment was severe enough to affect the terms and conditions of Plaintiff s employment. 31. Management and Human Resources of Defendant Cracker Barrel were aware of the harassment by Defendant Robinson, yet took no actions to stop Defendant Robinson. 32. Defendant Robinson continued to make unwanted sexually motivated behavior until Plaintiff left her employment. 33. The actions of Defendants violated Plaintiff s rights and created a hostile work environment that was continuing, pervasive and severe. 34. The actions of Defendants caused embarrassment, humiliation and physical harm, as well as lost wages and benefits to the Plaintiff. COUNT II - VICARIOUS LIABILITY 35. Plaintiff incorporates by reference each and every allegation contained within the above paragraphs and further states 36. At all times relevant, Defendant Robinson was an employee, agent or servant of Cracker Barrel. 37. Defendant Robinson was performing within the scope of his employment when harassing Plaintiff. 38. Plaintiff repeatedly told members of management of the harassment. 39. Defendant Cracker Barrel knew or should have known of the hostile work 4
Case 210-cv-00097-WOB-JGW Document 1 Filed 04/29/10 Page 5 of 6 environment caused by Defendant Robinson s behavior. 40. Defendant Cracker Barrel is responsible for harm caused by acts of its employees for conduct that was within the scope of employment under the theory of respondeat superior. 41. Defendant Cracker Barrel is vicariously liable for the negligent acts of Defendant Robinson alleged in this Complaint. 42. As a direct and proximate result of Defendant Cracker Barrel s actions, Plaintiff sustained harm. PRAYER FOR RELIEF WHEREFORE, the Plaintiff respectfully requests that the Court grant the following A) A judgment for compensatory damages for Plaintiff s economic injuries; B) A judgment for compensatory damages for Plaintiff s non-economic injuries, including emotional pain and suffering and lost opportunity, in an amount to be determined at trial; C) A judgment award of punitive damages in an amount to be determined at trial; D) A judgment award for Plaintiff s reasonable fees and costs; E) Any such other relief in law and equity the Court deems just and proper. s/eric C. Deters ERIC C. DETERS (81812) Eric C. Deters & Associates 5247 Madison Pike Independence, Kentucky 41051 (859) 363-1900 Phone (859) 363-1444 Fax eric@ericdeters.com 5
Case 210-cv-00097-WOB-JGW Document 1 Filed 04/29/10 Page 6 of 6 JURY DEMAND Plaintiffs demand a jury trial on all issues triable to a jury in this matter. Respectfully submitted, s/eric C. Deters Eric C. Deters Q\Brock, Tammy\Complaint.wpd 6