// ::0 PM CV0 1 1 1 CHARLES MORGAN and JASON WILLIAMS, v. Plaintiffs, IN THE CIRCUIT COURT OF THE STATE OF OREGON PORTLAND PUBLIC SCHOOLS, Portland School District # 1, a public entity, DISTRICT COUNCIL OF UNIONS, a trade organization, PLUMBERS, STEAMFITTERS, PIPEFITTERS & MARINE FITTERS LOCAL 0 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND FITTING INDUSTRY OF THE UNITED STATES AND CANADA AFL/CIO, a labor organization, and PLUMBERS, STEAMFITTERS AND MARINEFITTERS LOCAL 0 BUILDING ASSOCIATION, INC., a domestic non-profit, Defendants. FOR THE COUNTY OF MULTNOMAH Plaintiffs demand a jury trial and allege: 1. Case No. CV0 AMENDED COMPLAINT (Race Discrimination, Retaliation and Aiding and Abetting in Employment, ORS A.00(1); Discrimination for Discussing and Inquiring about a Wage Claim, ORS.) Amount Claimed: $1,00,000.00 Jury Trial Requested (Not Subject to Mandatory Arbitration) (Fee Authority ORS.) Plaintiff, Charles Morgan, is, and at all material times was, a citizen of Multnomah County, State of Oregon. /// Page 1 AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. Plaintiff, Jason Williams, is, and at all material times was, a citizen of Multnomah County, State of Oregon.. Defendant Portland Public Schools ( PPS ) is a public school district with a principal place of business located at 01 N. Dixon, Portland, Oregon in Multnomah County.. Defendant District Council of Unions ( DCU ), is a trade organization, the bargaining representative for affiliated unions, organized pursuant to ORS., and manages a collective bargaining agreement between PPS and organized workers, including Plumbers, Steamfitters and Marinefitters & Steamfitters Local 0. DCU has a principal place of business located at 01 N. Dixon, Portland, Oregon in Multnomah County.. Defendant Plumbers, Steamfitters, Pipefitters & Marine Fitters Local 0 of the United Association of Journeymen and Apprentices of the Plumbing and Fitting Industry of the United States and Canada AFL/CIO ( Local 0 ) is a labor organization, affiliate of DCU and subject to a CBA between PPS and DCU. Local 0 has a principal place of business at 0 SW Teton Avenue, Tualatin, Oregon 0 in Washington County, Oregon.. Defendant Plumbers, Steamfitters and Marinefitters Local 0 Building Association, Inc. ( Building Association ) is a non-profit which holds title to the property and operates the Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 building in which Local 0 and DCU are co-located. Building Association has a principal place of business at 0 SW Teton Avenue, Tualatin, Oregon 0 in Washington County, Oregon.. Plaintiffs Morgan and Williams are members of Local 0 and subject to the CBA between PPS and DCU.. On April, and November,, Plaintiff Charles Morgan timely served tort claim notices on PPS, pursuant to ORS 0... Plaintiff Charles Morgan filed administrative complaints with the Oregon Bureau of Labor and Industries ( BOLI ) on May,, June 0, and July,. BOLI Case Nos. EEEMRC00-10, EEEMRC00-1, EEEMRC00-, EEEMRC0-1 and EEEMRC0-1. The cases were dual-filed with the Equal Employment Opportunities Commission ( EEOC ) on May,, July, and August,. EEOC Case No. D--00, D--0, D--00 and D-- 00.. On June,, Plaintiff Jason Williams timely served a tort claim notice on PPS, pursuant to OR 0.. /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. Plaintiff Jason Williams filed administrative complaints with the Oregon Bureau of Labor and Industries ( BOLI ) on May,, June, and July,. BOLI Case No. EEEMRE0-1, EEEMRC0-1, EEEMRC0-1, AGEMAG0-1 and AGEMAG0-1. The cases were dual-filed with the Equal Employment Opportunities Commission ( EEOC ) on May,, July,, August, and August,. EEOC Case No. D--00, D--000, D--001, D- -00 and D--00. 1. On March &,, BOLI issued 0 day right-to-sue letters. On February,, plaintiffs requested that EEOC issue 0 day right-to-sue letters. This matter is now ripe for litigation. FIRST CLAIM FOR RELIEF Race Discrimination (ORS A.00(1)(b)-Discrimination in Terms, Conditions and Privileges of Employment). Plaintiffs incorporate by reference the allegations of paragraphs 1 through 1 above. 1. Plaintiffs Charles Morgan ( Morgan ) and Jason Williams ( Williams ) are African American males who work under an Agreement between PPS, Local 0 and DCU to provide maintenance services to public school buildings throughout the Multnomah county area. /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. In 0, PPS hired plaintiff Williams as a plumber.. In 0, plaintiff Williams applied for a PPS combined fire inspector and plumber position. Defendants discriminated against plaintiff Williams, on the basis of race, by offering the position to a Caucasian employee who did not possess the necessary licensure and had less seniority and experience than Williams. Plaintiff Williams objected to the hire on these bases and was awarded the position.. In approximately January, PPS hired plaintiff Morgan to a temporary journeyman steamfitter position.. In, defendants posted a permanent position for a Building Automation Specialist position which encompassed the same job tasks that plaintiff Morgan had performed in the temporary position. The position was posted at a reduced rate. To retain his employment, plaintiff applied for and was awarded the position despite a reduction in pay and with discouragement from defendants DCU and Local 0.. A Caucasian employee who had formerly held the position of Building Automation Specialist was paid % higher than plaintiff Morgan. /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. After his hire to the PPS Building Automation Specialist position, Morgan was subjected to racist comments by DCU agents, Local 0 members and PPS supervisors, such as what kind of rope do you want me to hang you with? Morgan reported the statements to PPS Human Resources ( PPS HR ) but no action was taken to address plaintiff Morgan s complaints.. On or about May, 1, a PPS co-worker and a Local 0 union steward informed plaintiff Morgan that he would not help his Black ass and that he would hunt his Black ass down. Plaintiff Jason Williams heard the worker s racist statements to Morgan and reported the events to PPS Human Resources, DCU and a Local 0 foreman. Williams further reported that he was being retaliated against by the employee he had reported for race discrimination, in the form of monitoring Williams punch-in and punch-out times, at the direction of a supervisor not within plaintiff Williams chain-of-command, due to Williams reporting of race discrimination against the employee.. On May, 1, plaintiff Williams further reported the discriminatory statements to PPS Facilities Director Tom Adams.. After plaintiff Williams reported incidents of race discrimination, defendants DCU and Local 0 foremen and members began to treat Williams in a hostile manner and informed him that he could not be a union steward because of reporting a union member s racist comments to Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
defendants.. 1 1 On or about May, 1, a PPS Supervisor of Maintenance told Morgan that affirmative action had done a disservice to African Americans and conveyed that African Americans were further disadvantaged by growing up poor and speaking Ebonics. This same PPS supervisor frequently told plaintiff Morgan that he should fake it until you make it to suggest that he was not qualified for the job.. On June, 1, PPS HR, DCU, Local 0 agents, Morgan and Williams held a meeting to discuss the racially-hostile conditions. Defendants proposed to take no further action on Morgan s and Williams race complaints despite plaintiffs objection.. In approximately August 1, defendants posted a Building Automation Supervisor position. Plaintiff Morgan applied for the position through the on-line application process. Defendants moved forward with interviews, failing to select plaintiff Morgan for an interview, and later claiming that his application was never received.. On or about January,, defendants reorganized plaintiff Morgan s position and transferred management of the position from DCU to PPS, making Morgan s position in the Mechanical Shop the only PPS position under the DCU/PPS union contract which reports directly to a PPS supervisor, instead of a Local 0 union foreman, without an increase in pay. Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. Morgan s new PPS manager showed immediate hostility towards Morgan, challenging his knowledge and abilities. Although not licensed to do the work, plaintiff Morgan s manager began to assume Morgan s job responsibilities, in violation of the union contract, in retaliation for lodging race discrimination and retaliation complaints.. From January to March, PPS HR, DCU agents, Morgan and Williams held meetings to discuss what action would be taken on their reporting of race discrimination and retaliation. Plaintiff Morgan further raised the concern that he was not being paid at the same rate of pay as his Caucasian predecessor for similar work. 0. After plaintiffs reported race discrimination to defendants, their supervisors began to micromanage their work. 1. On or about February,, Plaintiff Williams reported to PPS supervisors that coworkers received heightened scrutiny when working with Williams.. On March,, PPS HR issued a summary of PPS investigation into Morgan s race discrimination, retaliation and wage claims. PPS concluded that plaintiff Morgan had experienced racial micro aggressions: which include brief and regularly occurring verbal, behavioral, or environmental dignities, whether intentional or unintentional, that communicates Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 hostile, derogatory, or negative racist slights and insults towards people of color. However, defendant PPS concluded that it was not substantiated that racial discrimination occurred.. Plaintiff Morgan filed a grievance with defendants DCU and Local 0, as well, to address pay inequities. PPS, DCU and Local 0 have taken no steps to process Morgan s grievance to date.. On or about March,, a DCU and Local 0 foreman informed plaintiff Williams that he had a target on this back for lodging discrimination complaints.. Between March and May, PPS HR representatives requested that plaintiff Williams sign a statement which only captured a portion of the race discrimination complaints despite Williams prior submission of written statements to PPS HR.. On June 1,, plaintiff Williams met with PPS HR and was advised by PPS that it had found no evidence of discrimination or retaliation against Williams despite his reporting of racist statements and conduct by defendants.. In September, during a meeting with a PPS supervisor present, a DCU member complained about the PPS payroll department, referring to staff as a bunch of niggers during a meeting. Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. On October,, plaintiff Morgan attended a mandatory PPS meeting on the topic of bullying. When Morgan raised the issue of defendants practice of hiring primarily Caucasians to union positions, he received heated reactions from PPS and DCU co-workers and managers.. On approximately October,, plaintiff Morgan observed that his union sticker had been removed from his vehicle and reported the incident to his supervisor. 0. Plaintiffs have endured an on-going pattern and practice of severe and pervasive race discrimination since the inception of their respective employment. 1. In violation of ORS A.00(1)(b), defendants discriminated against plaintiffs in terms and conditions of employment, on the basis of race, by: A. subjecting these African American employees to blatantly racist statements; B. subjecting these African American employees to racial micro aggressions; C. permitting plaintiffs to work in a racially-hostile work environment while failing to take prompt corrective investigative and remedial action in response to plaintiffs reportings of race discrimination to defendants; D. discouraging and/or denying plaintiffs from applying for positions of employment; E. Requiring plaintiff Morgan to apply for a permanent position, comprised of his Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 job duties in his temporary position, at a reduced rate of pay, in order to maintain his employment; F. paying plaintiff Morgan less than his Caucasian predecessor for the same work; G. treating plaintiff Morgan differently than all other employees under the union contract by moving his position under a PPS manager without a commensurate increase in pay; and H. micro-management and excessive scrutiny of plaintiffs work after race discrimination reportings.. Plaintiff Morgan requests economic damages, pursuant to ORS A.(1), in the amount of $,000.00.. Plaintiff Morgan requests compensatory damages, pursuant to ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiff Williams requests compensatory damages, pursuant to ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiffs request injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A. /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. Plaintiffs have hired legal counsel to prosecute their claims and are entitled to reasonable attorneys fees and costs incurred, including expert witness fees, pursuant to ORS A.(1).. Plaintiffs hereby give notice of intent to amend the complaint to seek punitive damages. SECOND CLAIM FOR RELIEF Refusal to Hire and Bar from Employment (ORS A.00(1)(a)-Refusal to Hire or Bar and Individual Based on Race). Plaintiffs incorporate by reference the allegations of paragraphs 1 through 1, -, -, -, - and - 1 above.. In violation of ORS A.00(1)(a), defendants refused to hire and barred plaintiffs Morgan and Williams from employment based on race by: A. Denying plaintiff Williams employment in 0 for a combined fire inspector and plumber position and initially offering the position to a less qualified and less senior Caucasian applicant who failed to hold the proper licensure for the position; B. In January,, hiring plaintiff Morgan to a temporary journeyman steamfitter position, subsequently creating a position of Building Automation Specialist based on the same job duties and requiring plaintiff to apply for the position at a reduced rate of pay in order to retain his employment; Page 1 AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 C. In August 1, claiming that PPS had not received plaintiff Morgan s application for the position of Building Automation Supervisor and denying him an interview despite the knowledge of his application for the position; D. In January,, placing plaintiff Morgan under the direct supervision of a PPS manager who has assumed or contracted out many of Morgan s job duties; E. Denying plaintiff Williams a union steward position after he lodged race discrimination and retaliation complaints; and F. Actively discouraging plaintiffs from applying for positions and by facilitating a racially hostile work environment after plaintiffs prevailed in obtaining employment, which included racially-charged and threatening statements by co-workers and union members that plaintiffs reported to defendants managers and supervisors. 0. Plaintiff Morgan requests economic damages, pursuant to ORS A.(1), in the amount of $,000.00. 1. Plaintiff Morgan requests compensatory damages, pursuant to ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiff Williams requests compensatory damages, pursuant to ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering. /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. Plaintiffs request injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A.. Plaintiffs have hired legal counsel to prosecute their claims and are entitled to reasonable attorneys fees and costs incurred, including expert witness fees, pursuant to ORS A.(1). above.. Plaintiffs hereby give notice of intent to amend the complaint to seek punitive damages. THIRD CLAIM FOR RELIEF Race Retaliation (ORS A.00(1)(f)-Retaliation for opposing defendants unlawful practices). Plaintiffs incorporate by reference the allegations of paragraphs 1 through 1 and In violation of ORS A.00(1)(f), defendants retaliated against plaintiffs in the following ways:. A. Plaintiffs were subjected to further racist statements and a persistently racially-hostile work environment after reporting race discrimination; B. Plaintiffs were denied, barred or discouraged from employment and/or union service opportunities; C. Plaintiffs were subjected to racial hostility and actions by defendants managers, Page 1 AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 foremen, co-workers and union members; and D. plaintiff Morgan s grievance for wages was not processed by defendants.. Plaintiffs have sustained an on-going pattern and practice of severe and pervasive retaliation after reporting race discrimination to defendants.. Plaintiff Morgan requests economic damages, pursuant to ORS A.(1), in the amount of $,000.00. 0. Plaintiff Morgan requests compensatory damages, pursuant to ORS ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering. 1. Plaintiff Williams requests compensatory damages, pursuant to ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiffs request injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A.. Plaintiffs have hired legal counsel to prosecute their claims and is entitled to reasonable attorneys fees and costs incurred, including expert witness fees, pursuant to ORS A.(1). /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 above.. Plaintiffs hereby gives notice of intent to amend the complaint to seek punitive damages. FOURTH CLAIM FOR RELIEF Union Race Discrimination (ORS A.00(1)(c)-Defendants DCU, Local 0 and the Building Association discriminated against racial minorities). Plaintiffs incorporate by reference the allegations of paragraphs 1 through 1, and -. In violation of ORS A.00(1)(c), defendants DCU, Local 0 and the Building Association discriminated against plaintiffs, who are racial minorities, in the following ways: A. Subjecting plaintiffs to racist statements and conduct by union foremen, stewards and union members; B. Failing to take prompt investigative and remedial action against union members and foremen for racist statements and conduct; C. Denying or discouraging plaintiffs from employment or union positions; D. Requiring plaintiff Morgan to apply for a permanent position, comprised of his job duties in his temporary position, at a reduced rate of pay, in order to maintain his employment; E. Allowing only plaintiff Morgan s positions to be transferred under PPS management without a standard increase in pay; Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 F. Allowing PPS to pay plaintiff Morgan less money to perform the same work as his Caucasian predecessor; and G. Refusing to process plaintiff Williams union grievance pertaining to work classification and rate of pay.. Plaintiff Morgan requests economic damages, pursuant to ORS A.(1), in the amount of $,000.00.. Plaintiff Morgan requests compensatory damages, pursuant to ORS ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiff Williams requests compensatory damages, pursuant to ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering. 0. Plaintiffs request injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A. 1. Plaintiffs hired legal counsel to prosecute their claims and are entitled to reasonable attorneys fees and costs incurred, including expert witness fees, pursuant to ORS A.(1).. Plaintiffs hereby gives notice of intent to amend the complaint to seek punitive damages. Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 FIFTH CLAIM FOR RELIEF Aiding and Abetting (ORS A.00(1)(g)-Defendants aided and abetted other to engage in unlawful practices). Plaintiffs incorporate by reference herein paragraphs 1-1,, - and above.. In violation of ORS A.00(1)(g), defendants aided and abetted each other to engage in race discrimination and retaliation against plaintiffs in the following ways: A. Failing to conduct a prompt investigation of plaintiffs race discrimination and retaliation claims; B. Failing to take prompt remedial action in response to plaintiffs claims of race discrimination and retaliation; C. Colluding to discourage, bar or transfer plaintiffs employment after reporting race discrimination and retaliation; D. Paying plaintiff less than his Caucasian predecessor for the same work performed; and E. Maintaining a racially hostile work environment.. Plaintiff Morgan requests economic damages, pursuant to ORS A.(1), in the amount of $,000.00. /// /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. Plaintiff Morgan requests compensatory damages, pursuant to ORS ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiff Williams requests compensatory damages, pursuant to ORS A.()(a), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiffs request injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A.. Plaintiffs have hired legal counsel to prosecute their claims and is entitled to reasonable attorneys fees and costs incurred, including expert witness fees, pursuant to ORS A.(1). 0. Plaintiffs hereby give notice of intent to amend the complaint to seek punitive damages. SIXTH CLAIM FOR RELIEF Wage Retaliation-Plaintiff Charles Morgan only (ORS.-discrimination for discussing and inquiring about a wage claim) 1. Plaintiff Charles Morgan incorporates by reference herein paragraphs 1, -, 1, 1, -, -0, -, 1,,, and.. In violation of ORS., defendants discriminated against plaintiff Morgan for Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1 discussing and inquiring about a wages claims in the following ways: A. After plaintiff Morgan discussed and inquired about wages, defendants began to micromanage his work and remove or transfer his job duties; and B. After PPS concluded that plaintiff Morgan had experienced racial micro-aggression, defendants refused to process plaintiff s union grievance pertaining to non-payment of wages.. Plaintiff Morgan requests economic damages, pursuant to ORS A.(1), in the amount of $,000.00.. Plaintiff Morgan requests compensatory damages, pursuant to ORS A.(), in the amount of $00,000.00, for emotional pain and suffering.. Plaintiff requests injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A.. Plaintiff has hired legal counsel to prosecute his claim and is entitled to reasonable attorneys fees and costs incurred, including expert witness fees, pursuant to ORS A.(1).. Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. /// Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1 1. WHEREFORE, plaintiffs pray for judgment in the total amount of $1,00,000.00, to include the following: 1. Assume jurisdiction over each of the causes set forth herein.. Grant a permanent injunction enjoining defendants, its owners, officers, management personnel, employees, agents, successors, and assigns, and all persons in active concert or participation with defendants, from violating employment discrimination, retaliation and whistleblower laws on such terms as the court may direct.. Order defendants to comply with ORS Chapter A, ORS., employment and whistleblower laws. Further order defendants to participate in employment discrimination, retaliation and whistleblower education and remedial actions.. Order defendants to make plaintiff Charles Morgan whole by compensating him for economic damages, in the amount of $,000.00, for unpaid wages due to race discrimination and retaliation.. Order defendants to make plaintiff Charles Morgan whole by compensating him for non-economic damages of $00,000.00 for emotional pain and suffering.. Order defendants to make plaintiff Jason Williams whole by compensating him for non-economic damages of $00,000.00 for emotional pain and suffering.. Order defendants to make plaintiff Charles Morgan whole by compensating him for economic damages, in the amount of $,000.00, for retaliation discussing and inquiring about a wage claim. Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-
1. Order defendants to make plaintiff Charles Morgan whole by compensating him for non-economic damages, in the amount of $00,000.00, for retaliation for discussing and inquiring about a wage claim.. Attorney fees, prevailing party fees, expenses, disbursements, expert witness fees, pursuant to ORS A.(1); and. Any other relief the Court deems appropriate. DATED this st day of April,. DIANE S. SYKES, ATTORNEY AT LAW, P.C. s/diane S. Sykes Diane S. Sykes, OSB No. 00 Of Attorneys for Plaintiffs Morgan and Williams Trial Attorney: Diane S. Sykes, OSB No. 00 1 Page AMENDED COMPLAINT Portland, Oregon Ph: 0/0-