Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 1 of 24 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Linda Hildreth, Plaintiff, v. American Red Cross of the Twin Cities Area, and The American National Red Cross, COMPLAINT AND JURY DEMAND Defendants. Now comes Plaintiff, Linda Hildreth, as and for her claim for relief against the Defendant American Red Cross of the Twin Cities Area ( Defendant TC ) and Defendant The American National Red Cross ( Defendant National ), states and alleges as follow: 1. Plaintiff worked for Defendants from on or about June 2004 until Defendants terminated her employment on October 27, 2006. Plaintiff s most recent position was as the Chief People Resources Officer at Defendants Minneapolis, Minnesota location. 1
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 2 of 24 2. That this cause of action is brought under Title VII of the 1964 Civil Rights Act and the Civil Rights Act of 1991; the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621-634; and the Minnesota Human Rights Act (MHRA), Minn. Stat. 363A.01 et seq.; under Minn. Stat. 181.64; and common law for promissory estoppel. Jurisdiction is involved pursuant to 28 U.S.C. 1001 and 1331 and supplemental jurisdiction over state law claims pursuant to 28 U.S.C. 1367. 3. During the entire period of Plaintiff s employment, Defendants have been an employer within the meaning of Title VII of the 1964 Civil Rights Act and the Civil Rights Act of 1991, the ADEA, and the MHRA 4. On or about May 8, 2007, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC ), pursuant to 29 U.S.C. 626(b), certified number 444-2007-01111, incorporated herein by reference, alleging continuing unlawful discrimination. On or about December 13, 2007, the EEOC issued Plaintiff a Notice of Right to Sue. 5. Plaintiff was well qualified for her positions and performed well for Defendants. Plaintiff had numerous contributions and accomplishments during her employment at Defendants. 2
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 3 of 24 6. Beginning in June 2004, Plaintiff started working as a Volunteer Management/Human Resources Officer (VMHR) for Defendant National at its Midwest Service Area in Des Moines, Iowa. 7. In February 2006, Defendants requested that Plaintiff to come to their office in Minneapolis to assist with the merger between the St. Paul and the Minneapolis chapters of Defendants. Plaintiff accepted this offer and commuted back and forth between Minneapolis, Minnesota and Des Moines, Iowa; doing both her job as the VMHR Officer, as well as assisting with the merger. 8. In March 2006, Defendants asked Plaintiff to serve as their Interim Chief People Resources Officer in their Minneapolis location and in May 2006, Defendants offered Plaintiff the full-time position of Chief People Resources Officer. 9. Prior to Plaintiff accepting Defendants full-time offer, Defendant Twin Cities CEO, Jan McDaniel, promised Plaintiff a yearly salary of $120,000 and stated that she was looking forward to Plaintiff and her female colleague getting settled in Minneapolis. McDaniel promised Plaintiff that Defendants would reimburse her moving expenses in the amount of $10,000. Defendants statements led Plaintiff to believe that she would be employed for a minimum of one year in Minnesota. Relying on these statements, Plaintiff moved to Minneapolis from Des Moines, Iowa and purchased a condominium. 3
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 4 of 24 10. Plaintiff is a member of protected groups she is female and was 57 years old at the time Defendants terminated her employment. 11. Despite Plaintiff s protected class and qualifications, Defendants subjected Plaintiff to continuous and ongoing adverse treatment in the terms, conditions and privileges of her employment, and termination. 12. Specific incidents of Defendants' adverse treatment of Plaintiff based on Plaintiff s gender include, but are not limited to, those outlined below in Paragraphs 12(a) through 12(d): a. Placing her on a Performance Improvement Plan (PIP) on October 26, 2006. The PIP outlined that Defendants would review Plaintiff s progress in 30 days; b. Failing to follow their own PIP and terminating Plaintiff on October 27, 2006; c. Subjecting Plaintiff to different treatment than her male colleagues, including but not limited to, not criticizing, reprimanding, or terminating her male colleagues for performance issues. The performance issues of Defendants male employees include but are not limited to: 4
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 5 of 24 i. Mark Cross, Defendant Twin Cities Chief Financial Officer, did not prepare financial statements in a timely manner, causing the financial development requests to be several months behind schedule and resulting in Defendants missing deadlines in which to ask for donations. ii. McDaniel criticized Plaintiff for using temporary workers and ordered her to immediately terminate these workers. Cross, however, was never criticized for hiring temporary workers. In fact, the temporary workers who Plaintiff was told to terminate, now report to Cross. McDaniel also gave Cross permission to hire an individual and pay a fee of $5,000 to the recruitment firm. iii. Defendants did not criticize or discipline Ted Canova, Defendant Twin Cities Chief Communications and Marketing Officer, for routinely coming to work several hours late and leaving early. iv. Defendants did not criticize or discipline Canova for missing three hours of the strategic planning presentation given by his department to the Board of Directors on September 16, 2006. 5
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 6 of 24 v. Defendants did not criticize or discipline Cross for missing the strategic planning presentation given by his department to staff in September 2006. vi. Male employees in upper management positions behaved inappropriately towards Plaintiff and other female employees and made inappropriate and derogatory comments regarding females but were not terminated or disciplined. d. Subjecting Plaintiff and other females to inappropriate behavior by male employees in upper management positions and derogatory comments regarding females. Specific examples include, but are not limited to: i. Defendants hired Ted Canova as the Chief Communications and Marketing Officer at Defendant Twin Cities. McDaniel was the General Manager of Canova s former employer and was aware of the class action lawsuit alleging a sexually hostile work environment. Based on information and belief, Canova was specifically mentioned in the complaint. Canova was accused of using sexually charged language, making vulgar and derogatory comments, and referring to a female reporter an a anchor-bitch and telling her to look sexier. Defendants hired Canova despite this knowledge. 6
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 7 of 24 ii. Alan Horn, Director of Chapter Operations and Support at Defendant National, made sexist and derogatory jokes about females during staff meetings and commented about his sexual escapades. iii. During a meeting with Chapter Solutions managers and the Chapter Solutions Officer, Horn stood up, pretended to take his penis out of his pants and urinate on the conference table and commenting, if someone did not like what he was doing, then piss on them. iv. During a meeting with the Financial Development Director, Financial Development personnel, and the Service Area Executive, Horn, referring to a female chapter executive, stated that he would not piss down her throat if her ass was on fire. v. After Defendants hired a female executive at the Chicago chapter, Horn stated to Plaintiff, look what happened when you put a woman in that kind of job. vi. During a staff meeting of all the officers, Horn relayed to the group that while he was having drinks and dinner at a local sports bar, two good looking women had approached him and asked why he was paying more attention to the game on television rather than 7
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 8 of 24 them. Horn replied that, he knew at least someone was going to score in the game. vii. On another occasion, Horn put his arm out of his car door window and made an inappropriate finger gesture in front of female staff. 13. Specific incidents of Defendants adverse treatment of Plaintiff based on Plaintiff s age include, but are not limited to, those outlined below in Paragraphs 13(a) through 13(c): a. Placing her on a Performance Improvement Plan (PIP) on October 26, 2006. The PIP outlined that Defendants would review Plaintiff s progress in 30 days; b. Failing to follow their own PIP when they terminated Plaintiff on October 27, 2006; and c. Subjecting Plaintiff to different treatment than her younger colleagues. For example, as outlined above, Defendants treated her differently than Mark Cross, age 47, and Ted Canova, age 43. 14. Based on information and belief, when Defendants were determining which employees to lay off last winter, a female employee expressed concerns to CEO 8
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 9 of 24 McDaniel that the layoff selections had an adverse impact on female employees over age 40. Ms. McDaniel told this employee to make [the layoffs] happen anyway. 15. During Plaintiff s employment she made a good faith report of what she believed to be discriminatory and retaliatory behavior by a male colleague. On or about October 2, 2006, Plaintiff made a good faith report to McDaniel that she believed that a comment Roger Dahl, an Executive for the Midwest Service Area of Defendant National, had made to McDaniel regarding Plaintiff s performance was in retaliation for a formal charge she had filed with the national organization. Earlier, Plaintiff had filed a complaint with Defendant National regarding a hostile work environment created by an affair between Horn and a female Business Operations Officer for the Midwest Service Area of Defendant National. Plaintiff had also reported to McDaniel that she was being treated differently than the male employees. 16. That after Plaintiff made her reports, Defendants retaliated against her. Specific instances of retaliation include, but are not limited to, those instances outlined below in paragraphs 16(a) through 16(b) below: a. Less than a month after making her October 2, 2006 report, Defendants placed her on a PIP on October 26, 2006; and 9
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 10 of 24 b. Defendants terminated her employment on October 27, 2006. 17. Because of Defendants adverse treatment, Plaintiff has suffered losses, including wage and benefit losses. Plaintiff has also suffered from emotional distress and humiliation, including, but not limited to, loss of self-esteem, sleeplessness, anxiety, depression, fatigue and headaches. COUNT I (Title VII: Sex Discrimination) Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 17 set forth above. 18. That Defendants treatment of Plaintiff is a violation of Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991. 19. That as a result of Defendants adverse employment decisions, Plaintiff suffered damages including, but not limited to, distress, humiliation, great expense, embarrassment, pain and suffering, damage to her reputation, lost wages and benefits. WHEREFORE, Plaintiff prays for judgment against Defendants for their discrimination against Plaintiff as follows: 10
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 11 of 24 a. That the court assume jurisdiction over this cause of action; b. That the court grant Plaintiff a jury trial; c. That the court order Defendants to pay Plaintiff all back pay, front pay, and lost benefits with interest at the highest legal rate; d. That Plaintiff further prays for an award of compensatory damages, including damages for pain and suffering; e. That the court order Defendants to pay Plaintiff's reasonable attorney's fees; f. That the court order Defendants to pay the costs and expenses of this action; g. That the court grant punitive damages; and h. That the court grant Plaintiff such relief as appears appropriate and just under the circumstances. 11
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 12 of 24 COUNT II (Title VII: Retaliation) Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 19 set forth above. 20. That Defendants treatment of Plaintiff is a violation of Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991. 21. That as a result of Defendants adverse employment decisions, Plaintiff suffered damages including, but not limited to, distress, humiliation, great expense, embarrassment, pain and suffering, damage to her reputation, lost wages and benefits. WHEREFORE, Plaintiff prays for judgment against Defendants for their discrimination against Plaintiff as follows: a. That the court assume jurisdiction over this cause of action; b. That the court grant Plaintiff a jury trial; c. That the court order Defendants to pay Plaintiff all back pay, front pay, and lost benefits with interest at the highest legal rate; 12
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 13 of 24 d. That Plaintiff further prays for an award of compensatory damages, including damages for pain and suffering; e. That the court order Defendants to pay Plaintiff's reasonable attorney's fees; f. That the court order Defendants to pay the costs and expenses of this action; g. That the court grant punitive damages; and h. That the court grant Plaintiff such relief as appears appropriate and just under the circumstances. COUNT III (ADEA: Age Discrimination) Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 21 set forth above. 22. That Plaintiff is over 40 years old. 23. Defendants treated Plaintiff less favorably than younger, similarly situated employees. 13
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 14 of 24 24. Defendants violation of the ADEA is willful. 25. That as a result of Defendants adverse employment decisions, Plaintiff suffered damages, including, but not limited to, emotional distress, mental and physical anguish, pain and suffering, lost wages and benefits in an amount exceeding $100,000. WHEREFORE, Plaintiff prays for judgment against Defendants for its discrimination against Plaintiff as follows: a. That the court assume jurisdiction over this cause of action; b. That the court grant Plaintiff a jury trial; c. That the court order Defendants to pay Plaintiff all back pay, front pay, and lost benefits with interest at the highest legal rate; d. That Plaintiff further prays for an award of liquidated damages or double damages pursuant to 29 U.S.C. 626(b) in an amount equal to or double to the total pay back and benefits award for the willful violation of the ADEA by the Defendants; e. That the court order Defendants to pay Plaintiff's reasonable attorney's fees; 14
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 15 of 24 f. That the court order Defendants to pay the costs and expenses of this action; f. That the court grant Plaintiff such further relief as appears appropriate and just under the circumstances. COUNT IV (Minnesota Human Rights Act/Minn. Stat. 363A.01 et. seq: (Sex Discrimination) Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 25 set forth above. 26. That Defendants treatment of Plaintiff as outlined previously in this complaint, including, but not limited to, Plaintiff s conditions of employment, is in violation of the Minnesota Human Rights Act. 27. That as a result of Defendants adverse employment decisions, Plaintiff suffered damages including, but not limited to, emotional distress, mental and physical anguish, pain and suffering and lost wages. 28. Defendants violation of the MHRA was done with deliberate disregard for Plaintiff's rights. 15
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 16 of 24 WHEREFORE, Plaintiff prays for judgment against Defendants for their discrimination against Plaintiff as follows: a. That the Court assume jurisdiction over this cause of action; b. That the Court grant Plaintiff an advisory jury trial; c. That the Court order Defendants to pay Plaintiff all back pay, front pay, and lost benefits with interest at the highest legal rate; d. That the Court award Plaintiff punitive damages; e. That the Court order Defendants to pay Plaintiff's reasonable attorneys fees; f. That the Court order Defendants to pay costs and expenses of this action; and g. That the Court grant Plaintiff such further relief as appears appropriate and just under the circumstances. 16
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 17 of 24 COUNT V Minnesota Human Rights Act/Minn. Stat. 363A.01 et. seq: (Retaliation) forth above. Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 28 set 29. That Defendants engaged in unlawful retaliation against Plaintiff. This cause of action is brought under the State of Minnesota Human Rights Act, Minn. Stat. 363A.15 30. That in retaliation for Plaintiff's good faith reports, Defendants placed Plaintiff on a PIP and terminated her employment less than a month after she made her report. 31. That Defendants actions were illegal, retaliatory and in violation of the Minnesota Human Rights Act. Defendants violations were willful. 32. That as a result of Defendants adverse employment actions, Plaintiff suffered damages including, but not limited to, emotional distress, mental and physical anguish, pain and suffering and lost wages. 17
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 18 of 24 WHEREFORE, Plaintiff prays for judgment against Defendants for their discrimination against Plaintiff as follows: a. That the Court assume jurisdiction over this cause of action; b. That the Court grant Plaintiff an advisory jury trial; c. That the Court order Defendants to pay Plaintiff all back pay, front pay, and lost benefits with interest at the highest legal rate; d. That the Court award Plaintiff punitive damages; e. That the Court order Defendants to pay Plaintiff's reasonable attorneys fees; f. That the Court order Defendants to pay costs and expenses of this action; and g. That the Court grant Plaintiff such further relief as appears appropriate and just under the circumstances. 18
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 19 of 24 COUNT VI Minnesota Human Rights Act/Minn. Stat. 363A.01 et. seq: (Age Discrimination) forth above. Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 32 set 33. That Defendants treatment of Plaintiff as outlined previously in this complaint, including, but not limited to, Plaintiff s conditions of employment, is in violation of the Minnesota Human Rights Act. 34. That as a result of Defendants adverse employment decisions, Plaintiff suffered damages including, but not limited to, emotional distress, mental and physical anguish, pain and suffering and lost wages. 35. Defendants violation of the MHRA was done with deliberate disregard for Plaintiff's rights. WHEREFORE, Plaintiff prays for judgment against Defendants for their discrimination against Plaintiff as follows: a. That the Court assume jurisdiction over this cause of action; 19
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 20 of 24 b. That the Court grant Plaintiff an advisory jury trial; c. That the Court order Defendants to pay Plaintiff all back pay, front pay, and lost benefits with interest at the highest legal rate; d. That the Court award Plaintiff punitive damages; e. That the Court order Defendants to pay Plaintiff's reasonable attorneys fees; f. That the Court order Defendants to pay costs and expenses of this action; and g. That the Court grant Plaintiff such further relief as appears appropriate and just under the circumstances. COUNT VII (Violation of Minn. Stat. 181.64) Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 35 set forth above. 36. Defendants made clear and definite promises to Plaintiff. 20
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 21 of 24 37. Defendants intended to induce reliance of a definite and substantial character on the part of Plaintiff. 38. Defendants promises did produce reliance of that nature. Plaintiff moved from Iowa to Minnesota based on Defendants promises. 39. Defendants promises must be enforced to prevent injustice. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: a. That the court assume jurisdiction over this cause of action; b. That the court grant Plaintiff a jury trial; c. That the court order Defendants to pay Plaintiff all damages pursuant to Minn. Stat. 181.64, including but not limited to, all back pay, and lost benefits with interest at the highest legal rate; d. That the court order Defendants to pay Plaintiff owed money with interest at the highest legal rate; e. That the court order Defendants to pay Plaintiff's reasonable attorney's fees; 21
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 22 of 24 f. That the court order Defendants to pay the costs and expenses of this action; and g. That the court grant Plaintiff such relief as appears appropriate and just under the circumstances. COUNT VIII (Common law: promissory estoppel) forth above. Plaintiff realleges and incorporates herein by reference Paragraphs 1 through 39 set 40. Defendants made clear and definite promises to Plaintiff. 41. Defendants intended to induce reliance of a definite and substantial character on the part of Plaintiff. 42. Defendants promises did produce reliance of that nature. 43. Defendants promises must be enforced to prevent injustice. WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 22
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 23 of 24 a. That the court assume jurisdiction over this cause of action; b. That the court grant Plaintiff a jury trial; c. That the court order Defendants to pay Plaintiff all back pay, and lost benefits with interest at the highest legal rate; d. That the court order Defendants to pay Plaintiff owed money with interest at the highest legal rate; e. That the court order Defendants to pay Plaintiff's reasonable attorney's fees; f. That the court order Defendants to pay the costs and expenses of this action; and g. That the court grant Plaintiff such relief as appears appropriate and just under the circumstances. 23
Case 0:08-cv-00029-JRT-FLN Document 1 Filed 01/04/2008 Page 24 of 24 Bertelson Law Offices, P.A. Dated: January 4, 2008 _s/ Beth Bertelson Beth E. Bertelson (#186806) Andrea R. Ostapowich (#0320006) Attorneys for Plaintiff 402 Union Plaza 333 Washington Avenue North Minneapolis, MN 55401 (612) 278-9832 24