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

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DR. EUNA MCGRUDER Plaintiff, v. CIVIL ACTION NO. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, JURY DEMAND TENNESSEE d/b/a METROPOLITAN NASHVILLE PUBLIC SCHOOLS Defendant. COMPLAINT For her Complaint against Defendant Metropolitan Government of Nashville and Davidson County, Tennessee d/b/a Metropolitan Nashville Public Schools ( MNPS, Plaintiff Dr. Euna McGruder ( Plaintiff or Dr. McGruder respectfully states: PARTIES 1. Plaintiff is a former employee of Defendant. She is presently a citizen and resident of Atlanta, Georgia. At the time of the events giving rise to this litigation, Plaintiff was a citizen and resident of Davidson County, Tennessee. 2. Metropolitan Government of Nashville Davidson County Tennessee d/b/a Metro Nashville Public Schools is a government entity receiving state and federal funds to operate the Metropolitan Nashville Public School System (hereinafter Defendant. 1 Case 3:17-cv-01547 Document 1 Filed 12/11/17 Page 1 of 6 PageID #: 1

JURISDICTION AND VENUE 3. Plaintiff brings this action for damages for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000(e, et seq. ( Title VII. This Court has jurisdiction under 28 U.S.C. 1331. Venue is proper under 28 U.S.C. 1391(b. 4. Plaintiff has met all conditions precedent to the filing of this Complaint. Plaintiff timely filed a Charge of Discrimination with the Equal Employment Opportunity Commission and his been issued her Notice of Suit Rights. Under prevailing Sixth Circuit case law and presumptions, this lawsuit is timely filed. FACTS 5. Defendant hired Dr. McGruder as its Executive Officer of Priority Schools in July 2015. 6. Dr. McGruder was actively pursued and offered the position by MNPS. MNPS agents assured Dr. McGruder that the school system was committed to giving her at least three (3 years to achieve her objectives regarding the performance of Priority Schools. 7. Priority Schools are classified by MNPS as those schools in the bottom 5% in academic performance. 8. Dr. McGruder s goals as Executive Officer of Priority Schools included: (1 raising the bottom 5% schools out of the priority schools classification; (2 identifying and recruiting high-level school leaders; and (3 improving teacher recruitment and academic achievement in general. 9. Madison Middle School was a Priority School at the time Dr. McGruder was hired by MNPS. 10. The Principal of Madison Middle School for the 2015-16 academic year was Kelli Lorton. 11. The Dean of Students at Madison Middle School was Jaime Adams. 2 Case 3:17-cv-01547 Document 1 Filed 12/11/17 Page 2 of 6 PageID #: 2

12. On November 19, 2015, a complaint of discrimination was made regarding Madison Middle School. The Compliance Hotline Report stated: My principal is giving black kids way harsher punishment (juvenile, suspension, etc. than white kids. The amount of black kids that we suspend or try to send home is way higher than the same for white kids. They can do the same offense, but white kids will not receive suspension or be sent to jail, whereas the black kids will 13. On or about November 23, 2015, Dr. McGruder was informed about the discrimination complaint by Jay Steele. She was put in charge of conducting interviews and investigating the allegations of the discrimination complaint. 14. As a part of her investigative efforts, Dr. McGruder conducted interviews, reviewed statements, and attempted to meet Madison Middle School s leadership about the allegations of discrimination and hostile work environment. 15. Dr. McGruder s investigation revealed that Madison Middle School was poorly run, permeated with discrimination, and was a workplace where teachers believed it was a hostile work environment [on the basis of, inter alia, race and racist leadership]. 16. On or about January 8, 2016, Dr. McGruder made her findings and opposition of the leadership of Madison Middle School known to agents of Defendant. Dr. McGruder urged MNPS to take preventative or corrective action. Dr. McGruder informed Clarissa Zellars and Frank White that her investigation uncovered racial discrimination and a hostile work environment. 17. Dr. McGruder was fired shortly after speaking out about and opposing the discrimination and hostile workplace existing at Madison Middle School. 3 Case 3:17-cv-01547 Document 1 Filed 12/11/17 Page 3 of 6 PageID #: 3

18. Defendant took no preventative or corrective action in response to Plaintiff s report and opposition of discrimination. 19. Defendant did not identify and performance or personality problems as the basis for ending Plaintiff s employment on the day she was notified of her termination. She was simply told that MNPS would be moving in a different direction. 20. Prior to speaking out about the discrimination and hostile workplace that existed at Madison Middle, Dr. McGruder received positive performance feedback from agents of MNPS. 21. Prior to speaking out about discrimination and the existence of a hostile work environment, Dr. McGruder was never issued a written performance reprimand or otherwise criticized about her job performance. 22. Prior to her termination, Defendant never formally reprimanded Dr. McGruder for poor performance, misconduct, creating a hostile work environment, inability to develop relationships, or any other job performance related problems. 23. The reason(s asserted by Defendant for Plaintiff s termination is a pretext for discrimination and retaliation. 24. MPNS acted willfully and with malice or reckless indifference to Plaintiff s right to work in an environment free from discrimination, harassment, and retaliation. 25. Plaintiff has lost substantial income and other privileges and benefits of employment. 26. Plaintiff has suffered embarrassment, humiliation, emotional distress and mental anguish, stress and anxiety, exacerbation of medical conditions, damage to her reputation, inconvenience, loss of enjoyment of life, and incurred related attorneys fees, costs, and litigation-related expenses. 4 Case 3:17-cv-01547 Document 1 Filed 12/11/17 Page 4 of 6 PageID #: 4

CAUSES OF ACTION RETALIATION IN VIOLATION OF TITLE VII 27. Plaintiff incorporates by reference all preceding paragraphs of the Complaint as if set forth fully herein. 28. Plaintiff engaged in protected activity by complaining about race discrimination and hostile work environment. 29. In retaliation for her protected activities, Defendant responded by firing Plaintiff immediately. 30. Through such retaliation, Defendant violated Plaintiff s rights under the Title VII. 31. Defendant s actions following Plaintiff s complaints related to discrimination and workplace hostility were committed with reckless disregard to her right to be free from discriminatory treatment because of her opposition to discrimination and hostile work environment for teachers. 32. Defendant s actions against Plaintiff caused her to suffer both monetary and nonmonetary damages. 33. Plaintiff is entitled to an award of back pay and benefits, compensatory and other damages, injunctive relief, attorneys fees and costs, and all other appropriate damages, remedies, and other relief available under the Title VII. RACE DISCRIMINATION IN VIOLATION OF TITLE VII 34. Plaintiff incorporates by reference all preceding paragraphs of the Complaint as if set forth fully herein. 5 Case 3:17-cv-01547 Document 1 Filed 12/11/17 Page 5 of 6 PageID #: 5

35. Defendant discriminated against Plaintiff in the terms and conditions of her employment on the basis of race in violation of Title VII. Plaintiff was treated differently than similarly situated white employees by Defendant. 36. The actions taken by Defendant caused Plaintiff to suffer both monetary and non-monetary losses. 37. As a result of Defendant s discriminatory conduct, Plaintiff is entitled to an award of back pay and benefits, compensatory and punitive damages, injunctive relief, attorneys fees and costs, and all other appropriate damages, remedies, and other relief available under the Title VII. REQUEST FOR RELIEF Plaintiff respectfully requests: 1. A jury trial and entry of judgment in her favor; 2. Back pay and damages for lost benefits; 3. Compensatory damages for embarrassment and humiliation, emotional pain and suffering and mental anguish, stress and anxiety, inconvenience, and loss of enjoyment of life; 4. Punitive damages; 5. Attorneys fees and expenses; 6. Prejudgment interest and, if applicable, post judgment interest; and 7. Such other and further legal and equitable relief for which she may be entitled. /s Brian C. Winfrey Brian C. Winfrey (#025766 MORGAN & MORGAN, PC 810 Broadway, Suite 105 Nashville, Tennessee 37215 (615 601-1276 or (615 473-3243 bwinfrey@forthepeople.com 6 Case 3:17-cv-01547 Document 1 Filed 12/11/17 Page 6 of 6 PageID #: 6

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 Euna McGruder (b County of Residence of First Listed Plaintiff Fulton, Georgia (EXCEPT IN U.S. PLAINTIFF CASES (c Attorneys (Firm Name, Address, and Telephone Number Attorneys (If Known Brian C. Winfrey, Morgan & Morgan 810 Broadway, Suite 105 Nashville, TN 37203 II. BASIS OF JURISDICTION (Place an X in One Box Only Metropolitan Government of Nashville and Davidson County, TN d/b/a Metropolitan Nashville Public Schools County of Residence of First Listed Defendant Davidson (IN U.S. PLAINTIFF CASES ONLY NOTE: 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 VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S IF ANY DATE FOR OFFICE USE ONLY 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: 6 Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File 42 U.S.C. 2000e Title VII of the Civil Rights Act Brief description of cause: Discrimination and Retaliation against Executive who raised concerns about discrimination and hostile work enviro. CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No (See instructions: JUDGE SIGNATURE OF ATTORNEY OF RECORD 12/11/2017 /s Brian C. Winfrey DOCKET NUMBER Case 3:17-cv-01547 Document 1-1 Filed 12/11/17 Page 1 of 1 PageID #: 7 RECEIPT # AMOUNT APPLYING IFP JUDGE MAG JUDGE Print Save As... Reset