Complaint for Racial Discrimination in Employment, Constructive
Discharge and for Damages for Discrimination in Promotion by Employer
IN THE UNITED STATES DISTRICT COURT
FOR THE __________ DISTRICT OF (NAME OF STATE)
(NAME OF) DIVISION
(Name of Plaintiff) PLAINTIFF
V. CAUSE NO. 000,000
(Name of Defendant) DEFENDANT
COMES NOW (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by
and through his attorneys, and files this his Complaint against Defendant, (Name of Defendant),
and in support thereof would show unto the Court the following matters and facts:
1. This is an action for damages based on an unlawful employment practice committed by
Defendant, (name of defendant), and jurisdiction of this Court is invoked pursuant to the
provisions of Title VII of the Civil Rights Act of 1964, § 706(f) (42 U.S.C.A. § 2000e-5(f)).
2. The claims asserted in this Complaint arose in this District and Division. Plaintiff is a
citizen of the United States, and was a resident of the County of (name of county), State of
(name of state), during the course of his employment with Defendant.
3. Defendant is a corporation organized and existing under the laws of the state of (name
of state), with its principal office located at (street address, city, state, zip code).
4. Plaintiff brings this action pursuant to the provisions of Title VII of the Civil Rights Act of
1964, §§ 704(a) and 706(g) (42 U.S.C.A. § 2000e-3(a), 42 U.S.C.A. § 2000e-5(g)), for damages
to compensate him for the economic loss and other damages caused by Defendant's unlawful
employment practice committed against Plaintiff because Plaintiff was a member of African-
American race. Plaintiff was hired by Defendant on or about (date), and began work for
Defendant on or about (date). Because of the continuing discrimination and harassment Plaintiff
was forced to leave Defendant's employ on (date). Defendant's actions constituted constructive
5. Plaintiff filed a charge of discrimination with the Equal Employment Opportunity
Commission (EEOC) on (date), charging Defendant with specific acts of discrimination
and harassment, thus complying with § 706(b), of the Civil Rights Act of 1964 (42 U.S.C.A. §
6. On (date), Plaintiff filed a complaint with the Equal Employment Opportunity Commission
(EEOC) at (name of city), (name of state). This complaint was filed with the EEOC after a period
of 60 days had elapsed from the time he had originally filed with the EEOC and within 300 days
after the unlawful employment practice occurred. The Defendant's practice in violation of Title
VII of the Civil Rights Act of 1964 continued to occur with respect to Plaintiff and others up until
(date), when Plaintiff left Defendant's employment. These occurrences are sufficient to satisfy
the jurisdictional prerequisites of § 706(d) (42 U.S.C.A. § 2000e-5(d)).
7. On (date), the EEOC served the charge on Defendant.
8. Plaintiff was employed in the (name of division) of Defendant as a (name of position).
9. Defendant employs approximately (number of persons) persons at its plant at (street
address, city, state, zip code), of whom about (number) are African-American.
10. The lowest level of management and supervisory personnel at such plant are the
foremen. A foreman is replaced on certain occasions by what is termed a temporary foreman.
11. Foremen for Defendant are selected from two sources: management trainees and
production employees who have served as an assistant foreman. Thus, to advance in the
organization a production employee must first become an assistant foreman.
12. Assistant foremen are chosen from production employees who have been
recommended by their supervisor based on a subjective evaluation of ability and performance.
13. Defendant's method of selecting assistant foremen is a primary source of discrimination
that has resulted in an unfair denial of advancement oppo