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Complaint for Racial Discrimination in Employment, Constructive Discharge and for Damages for Discrimination in Promotion by Employer
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Complaint for Racial Discrimination in Employment, Constructive Discharge and for Damages for Discrimination in Promotion by Employer Powered By Docstoc
					             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


                                            COMPLAINT

        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
discharge.

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. §
2000e-5(b)).

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
				
DOCUMENT INFO
Description: The main civil rights act dealing with employment discrimination is Title VII of the Civil Rights Act of 1964. It prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It was amended in 1972 by the Equal Employment Opportunity Act. This Act created the Equal Employment Opportunity Commission which is commonly referred to as the EEOC. If you are the victim of employment discrimination, you can file a charge with the EEOC if you employer or prospective employer has 15 or more employees. The EEOC will then investigate the charge and can file suit on behalf of the employee if it believes that the charge has merit. As previously stated, Title VII prohibits discrimination in employment on the basis of race, color, religion, sex, national origin, sex or pregnancy. A few entities are exempt. Religious entities, like churches, can discriminate on the basis of religion when hiring for a position like pastor. Employment practices covered include areas such as hiring, compensation, training, promotion, demotion, transfer, fringe benefits, rules, working conditions, and dismissals. Disparate treatment on the basis of race, sex, etc. is prohibited under Title VII. Disparate treatment is treating one employee more favorably than another. In order to prove disparate treatment in hiring, a prospective employee must prove: • that the plaintiff belonged to a minority; • the plaintiff applied for the job and was qualified for it; • the plaintiff was rejected in spite of his qualifications; and • the job remained open or a nonminority was hired. Discriminatory discharge must be proven with the following elements: • the plaintiff belonged to a minority; • he was adequately performing his job; • he was discharged; and • the job was filled by a nonminority. Proof of these elements established a prima facie case and it shifts the burden of proof to the employee who must prove a nondiscriminatory reason for refusing to hire the p
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),