IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH

/1/ 1:: PM CV01 1 BELINDA JACKSON, IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH No. 1 v. Plaintiff, U.S. BANCORP, a foreign business corporation; KYLE INGHAM, an individual, and KEITH BIGGS, an individual, Defendants. (Race Discrimination, Retaliation and Aiding and Abetting in Employment Discrimination, ORS A.00(1); Discrimination/Retaliation for Discussing and Inquiring about a Wage Claim, ORS. and ORS A.; Whistleblower Retaliation, ORS A.; Penalties for Wage Violations, ORS.0, 0) Not subject to court annexed arbitration Amount claimed - $,00 ORS.0(1)(c) (filing fee: $1) Plaintiff Belinda Jackson demands a jury trial and alleges as follows: PARTIES 1. Plaintiff Belinda Jackson ( Plaintiff ) was, and is now, a citizen of the United States and a resident of Multnomah County, State of Oregon and is an African American female.. Defendant, U.S. Bancorp ( U.S. Bank ), doing business as U.S. Bank and U.S. Bank National Association, is a Delaware Corporation with its principal place of business at 00 Nicollet Mall, Minneapolis, Minnesota. U.S. Bank conducts regular, sustained business activity in Multnomah County, State of Oregon. Page 1 G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. Defendant Kyle Ingham ( Ingham ) was, and is now, a citizen of the United States and a resident of Clark County, State of Washington.. Defendant Keith Biggs ( Biggs ) was, and is now, a citizen of the United States and a resident of Multnomah County, State of Oregon.. Venue is proper in Multnomah County because the acts and omissions complained herein occurred in the County and Defendants live or conduct business in the County. ADMINISTRATIVE PREREQUISITES. On or about December,, Plaintiff filed a civil rights complaint with the Oregon Bureau of Labor and Industries ( BOLI ) alleging Defendants violated provisions of ORS Chapter A and.. On or about January,, Plaintiff requested a right-to-sue notice. On or about January 0,, BOLI notified Plaintiff that her right to sue letter should be issued shortly. FACTS COMMON TO ALL CLAIMS. From April, until approximately March 1,, U.S. Bank employed Plaintiff as a senior customer services representative.. During Plaintiff s employment, Defendant paid Plaintiff s salary, furnished Plaintiff equipment, and maintained the rights to control Plaintiff s working terms and to terminate Plaintiff. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. At all relevant times, Plaintiff was an employee covered by ORS A.001 ().. At all relevant times, U.S. Bank was an employer within the meaning of ORS A.001 () and ().. Defendants Biggs and Ingham were Plaintiff s supervisors in Plaintiff s chain of command and took all actions described herein within the scope of their employment. Defendant U.S. Bank is vicariously liable for the actions of Defendants Biggs and Ingham as described herein. 1. On or around December,, Plaintiff emailed U.S. Bank s payroll department to resolve a paycheck issue because there was an improper deduction of approximately $.00 from Plaintiff s paycheck.. On or around January,, U.S. Bank s payroll department communicated to Plaintiff that the paycheck case was closed and that Plaintiff should speak to Defendant Ingham because he submitted a request for the deduction.. Defendant Ingham denied that he requested the deduction but stated that Plaintiff would be paid on her January paycheck on or around January,.. Plaintiff did not receive the pay on any of her January paychecks and raised the issue with Defendant Ingham again. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. On or around February,, Defendant Ingham told Plaintiff she would receive the money on her next paycheck.. Plaintiff did not receive the money on her next paycheck in February.. Sometime in the beginning to middle of February, U.S. Bank asked Plaintiff to engage in a competitive game of hangman as a department activity in which representatives could win points towards bonuses and pizza parties.. Plaintiff told her Defendant Ingham that she did not feel comfortable playing the game of hangman because of its associations with lynching African Americans.. Defendant Ingham responded by insisting that the game would be played and asking Plaintiff whether someone else could put the body parts up on her behalf.. Plaintiff responded that having someone play for her would still make her uncomfortable and it was particularly offensive because it was Black History Month.. The game of hangman continued while Plaintiff was in the room and the hangman was continuously hung on the wall.. Shortly thereafter, on or around February,, Defendant Ingham told Plaintiff that she was rude to a colleague in the business services center. Plaintiff responded to Defendant Ingham that it was not true that she was rude and that she merely told the business services center representative what Plaintiff s manager told her to say. Defendant Ingham told Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 Plaintiff that she was not in any trouble for the phone call. To the contrary, the incident was listed in her personnel file as a significant event.. On February,, Plaintiff s paycheck issue was still unresolved and Plaintiff called a human resource representative to discuss the problem with her paycheck. Plaintiff told the human resources representative that she would be forced to file a BOLI complaint if the matter was not resolved promptly.. Defendant U.S. Bank s human resource representative responded that U.S. Bank was not subject to BOLI s jurisdiction.. On or around March 1,, Defendants terminated Plaintiff s employment with the stated reason that Plaintiff allegedly threatened the human resources representative with filing a BOLI complaint in regards to the improper deduction. At the termination meeting, Defendants Biggs and Ingham also told Plaintiff that U.S. Bank not governed by BOLI.. After Plaintiff filed for unemployment benefits with the Employment Department, Defendants attempted to deny Plaintiff unemployment insurance benefits for threatening to refer her wage issue to state regulators.. On or around February,, Plaintiff informed Defendant U.S. Bank that it had improperly deducted 1. hours of time. 0. Defendant U.S. Bank then refused to pay Plaintiff all of her final pay on or around March,, improperly deducting at least 1. hours of time. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 1. Plaintiff was forced to file a BOLI wage complaint and U.S. Bank made a deposit related to the requested time on or around June,. FIRST CLAIM FOR RELIEF (Whistle blower retaliation in violation of ORS A.) (Plaintiff against all Defendants). Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint.. Plaintiff reported conduct she believed to be a violation of a rule, law, or statute. The conduct reported by Plaintiff included race discrimination, a hostile work environment for African American employees, and wage and hour violations.. As a result of Plaintiff s reports of such conduct she believed to be violations of rules, laws, or statutes, Defendants retaliated against Plaintiff. Specifically, Defendants took adverse employment actions against Plaintiff, including but not limited to, disciplining her, refusing to properly pay her, overly-scrutinizing her, terminating her, and improperly attempting to deny her unemployment benefits.. Plaintiff s reports of such conduct were a substantial motivating factor in Defendants decision to constructively discharge Plaintiff.. Because of Defendants violations, Defendants are liable to Plaintiff for economic damages pursuant to ORS A. in the amount of $0,000 or as determined at trial. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, pursuant to ORS A. in the amount of $00,000 or as determined at trial.. 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 bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS A. and ORS.. 0. Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. SECOND CLAIM FOR RELIEF (Race discrimination in violation of ORS A.00) (Plaintiff against all Defendants) 1. Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint.. At all relevant times, Plaintiff was qualified and able to perform her job duties while employed by Defendants pursuant to ORS A.00.. Defendants subjected Plaintiff to racial discrimination in the workplace by subjecting her to the racist game of hangman and requiring her to play the game in order to engage in a sales competition and by disciplining her and terminating her employment. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. As a result of the racial discrimination, Plaintiff suffered harm and the loss of her job.. In perpetrating the actions described above, Defendants violated ORS A.00(1)(a).. In perpetrating the actions described above, Defendants violated ORS A.00(1)(b).. Plaintiff s race was a substantial motivating factor in Defendants actions.. Because of Defendants violations, Defendants are liable to Plaintiff for economic damages pursuant to ORS A. in the amount of $0,000 or as determined at trial.. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, pursuant to ORS A. in the amount of $00,000 or as determined at trial. 0. Plaintiff requests injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A. 1. Plaintiff has hired legal counsel to bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS A. and ORS... Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 THIRD CLAIM FOR RELIEF (Hostile Work Environment in violation of ORS A.00) (Plaintiff against all Defendants). Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint.. At all relevant times, Plaintiff was qualified and able to perform her job duties while employed by Defendants pursuant to ORS A.00.. Defendants subjected Plaintiff to a hostile work environment in the workplace by subjecting her to the racist game of hangman and requiring her to play the game in order to engage in a sales competition and then disciplining her and terminating her employment.. As a result of the hostile work environment, Plaintiff suffered substantial harm and the loss of her job.. Plaintiff s race was a substantial motivating factor in Defendants actions.. Defendant s conduct was unwelcome and sufficiently severe or pervasive to alter Plaintiff s conditions of employment.. In perpetrating the actions described above, Defendants violated ORS A.00(1)(a). 0. In perpetrating the actions described above, Defendants violated ORS A.00(1)(b). Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 1. Because of Defendants violations, Defendants are liable to Plaintiff for economic damages pursuant to ORS A. in the amount of $0,000 or as determined at trial.. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, pursuant to ORS A. in the amount of $00,000 or as determined at trial.. 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 bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS A. and ORS... Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. FOURTH CLAIM FOR RELIEF (Race Retaliation in violation of ORS A.00) (Plaintiff against all Defendants). Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint.. At all relevant times, Plaintiff was qualified and able to perform her job duties while employed by Defendants pursuant to ORS A.00. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. Defendants, acting through their agents and/or employees, subjected Plaintiff to race discrimination and a hostile work environment in the workplace by subjecting her to the racist game of hangman and requiring her to play the game in order to engage in a sales competition and by disciplining her and terminating her employment. As described above, Plaintiff complained to U.S. Bank, through Ingham, that the game constituted race discrimination and a hostile work environment.. Defendants retaliated against Plaintiff by, including but not limited to, disciplining her for a rude attitude, heightening scrutiny of Plaintiff, refusing to properly address her wage concerns, overly-scrutinizing her, terminating her, and improperly attempting to deny her unemployment benefits. 0. As a result of the retaliation, Plaintiff suffered harm and the loss of her job. 1. Plaintiff s reports of racial discrimination were a substantial motivating factor in Defendants actions.. In perpetrating the actions described above, Defendants violated ORS A.00(1)(f).. Because of Defendants violations, Defendants are liable to Plaintiff for economic damages pursuant to ORS A. in the amount of $0,000 or as determined at trial.. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, pursuant to ORS A. in the amount of $00,000 or as determined at trial. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. 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 bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS A. and ORS... Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. FIFTH CLAIM FOR RELIEF (Wage Retaliation) (ORS A.-discrimination for discussing and inquiring about a wage claim). Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint.. Plaintiff reported to Defendants her good faith belief that there were wage and hour violations and that she would file a wage and hour claim with BOLI. 0. In response to Plaintiff s reports, Defendants retaliated against Plaintiff by, including but not limited to, disciplining her for a rude attitude, heightening scrutiny of Plaintiff, refusing to properly address her wage issues, overly-scrutinizing her, terminating her, and improperly attempting to deny her unemployment benefits. 1. As a result of the retaliation, Plaintiff suffered harm and the loss of her job. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. Plaintiff s discussions and inquiries about wages and/or wage claims were a substantial motivating factor in Defendants actions.. In perpetrating the actions described above, Defendants violated ORS A... Because of Defendants violations, Defendants are liable to Plaintiff for economic damages pursuant to ORS A. in the amount of $0,000 or as determined at trial.. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, pursuant to ORS A. in the amount of $00,000 or as determined at trial.. 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 bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS A. and ORS... Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. Page 1 G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 SIXTH CLAIM FOR RELIEF (Aiding and Abetting) (ORS A.00(1)(g)-Defendants aided and abetted each other to engage in unlawful practices). Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint. 0. In violation of ORS A.00(1)(g), Defendants aided and abetted in each other in engaging in the unlawful practices described herein, including but not limited to: a) In response to Plaintiff s reports of race and wage violations, Defendants retaliated against Plaintiff by disciplining her for a rude attitude, heightening scrutiny of Plaintiff, refusing to properly address her wage issues, overlyscrutinizing her, terminating her, and improperly attempting to deny her unemployment benefits. b) Defendants subjected Plaintiff to a hostile work environment and race discrimination in the workplace by subjecting her to the racist game of hangman and requiring her to play the game in order to engage in a sales competition and then terminating her employment; c) As a result of Plaintiff s reports of conduct she believed to be violations of rules, laws, or statutes, Defendants retaliated against Plaintiff. Specifically, Defendants took adverse employment actions against Plaintiff, including but not limited to, disciplining her, refusing to properly pay her, overly-scrutinizing her, terminating her, and improperly attempting to deny her unemployment benefits. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 1. As a result of the aiding and abetting, Plaintiff suffered harm and the loss of her job.. In perpetrating the actions described above, Defendants violated ORS A.00(1)(g).. Because of Defendants violations, Defendants are liable to Plaintiff for economic damages pursuant to ORS A. in the amount of $0,000 or as determined at trial.. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, pursuant to ORS A. in the amount of $00,000 or as determined at trial.. 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 bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS A. and ORS... Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. SEVENTH CLAIM FOR RELIEF (Wage Retaliation) (ORS.-discrimination for discussing and inquiring about a wage claim). Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. Plaintiff reported possible wage and hour violations to Defendants and reported to Defendants that she would file a wage and hour claim with BOLI. 0. In response to Plaintiff s reports, Defendants retaliated against Plaintiff by, including but not limited to, disciplining her for a rude attitude, heightening scrutiny of Plaintiff, refusing to properly address her wage issues, overly-scrutinizing her, terminating her, and improperly attempting to deny her unemployment benefits. 1. As a result of the retaliation, Plaintiff suffered harm and the loss of her job.. Plaintiff s discussions and inquiries about wages and/or wage claims were a substantial motivating factor in Defendants actions.. In perpetrating the actions described above, Defendants violated ORS... Because of Defendants violations, Defendants are liable to Plaintiff for economic damages pursuant to ORS A. in the amount of $0,000 or as determined at trial.. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, pursuant to ORS A. in the amount of $00,000 or as determined at trial.. Plaintiff requests injunctive relief, pursuant to ORS A.(1), to restrain defendants from engaging in existing and future violations of ORS Ch. A. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. Plaintiff has hired legal counsel to bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS A. and ORS... Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. EIGHTH CLAIM FOR RELIEF (Wrongful Discharge In Violation Of Public Policy) (Plaintiff against all Defendants). Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint. 1. Plaintiff fulfilled an important public duty when she reported race discrimination and potential wage and hour violations. 1. As a result of Plaintiff s reports of such conduct she believed to be violations of rules, laws, or statutes, Defendants retaliated against Plaintiff. Defendants took adverse employment actions against Plaintiff, including but not limited to, disciplining her for a rude attitude, heightening scrutiny of Plaintiff, refusing to properly address her wage issues, overly-scrutinizing her, terminating her, and improperly attempting to deny her unemployment benefits.. Defendants termination of Plaintiff s employment was substantially motivated by Plaintiff s reports and was in retaliation for Plaintiff s pursuit of her rights as described herein. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1. Because of Defendants violations, Defendants are liable to Plaintiff for economic damages in the amount of $0,000 or as determined at trial.. Because of Defendants violations, Defendants are liable to Plaintiff for compensatory damages, including emotional pain and suffering, in the amount of $00,000 or as determined at trial. 1. Plaintiff has hired legal counsel to bring these claims and is entitled to the costs incurred and attorney fees. 1. Plaintiff hereby gives notice of intent to amend the complaint to seek punitive damages. NINTH CLAIM FOR RELIEF (Penalties for Failure to Pay Final Pay ORS.0 and.0) (Plaintiff against Defendant U.S. Bank) 1. Plaintiff re-alleges and incorporates by this reference all preceding paragraphs of this Complaint. 1. Defendant willfully failed to pay Plaintiff all of her wages due and owing upon termination. 1. Plaintiff and BOLI notified Defendant of the amount due and owing, yet Defendant failed to pay. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 1. As a result of Defendant s failure to pay Plaintiff her full wages upon termination and upon notice of the delinquency, Defendant owed Plaintiff a penalty of 0 days of regular pay, totaling approximately $,00 or an amount to be determined at trial. 1. Plaintiff has hired legal counsel to bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS.0 and ORS.. The wages were not paid for a period of hours after the wages were due. TENTH CLAIM FOR RELIEF (Penalties for Failure to Provide Personnel File ORS.0) (Plaintiff against Defendant U.S. Bank) 1. On November,, Plaintiff requested her personnel file pursuant to ORS.0. 1. On December 0,, Plaintiff received a portion of her personnel file. 1. Plaintiff has reason to believe the file is incomplete, including that it references recordings that were not provided but are allegedly the basis of her termination. 1. By failing to provide a complete copy of her personnel file, Defendant U.S. Bank violated ORS.0 and should be subject to maximum penalties in ORS.00. 1. Plaintiff requests a court order instructing Defendant to provider her a complete copy of her personnel file. Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00

1 WHEREFORE, Plaintiff prays for judgment against all Defendants as follows: A. For an order instructing Defendant U.S. Bank to provide a complete copy of her personnel file; B. For civil penalties against Defendant U.S. Bank for the failure to provide Plaintiff s personnel file; C. For an award of noneconomic damages in an amount of at least $00,000, or in such greater amount as may be proven at trial; D. For an award of economic damages in an amount of at least $,00, or in such greater amount as may be proven at trial; E. For an award of her costs and disbursements incurred herein; F. For an award of her reasonable attorney fees incurred here; and G. For such other and further relief as the Court determines to be just and proper in light of the circumstances hereof. Dated January 1,. s/talia Y. Stoessel Talia Y. Stoessel, OSB 1 stoesselt@bennetthartman.com Of Attorneys for Plaintiff Phone: (0) -00 Page G:\Stoessel\ Jackson, Belinda -00\Pleadings\FILED\011 Final 0 S.W. Morrison St., Suite 00 Portland, Oregon - Phone: 0--00