Professional Documents
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YVONNE BROWN, )
)
Plaintiff, )
) CIVIL ACTION NO.
v. ) ________________________
)
APPLE, INC., ) JURY TRIAL DEMANDED
)
)
Defendant. )
following Complaint for Damages and Equitable Relief against Defendant Apple,
INTRODUCTION
1.
Brown achieved excellent results for Apple as a Support Technician even while
she suffered from autoimmune disease, diabetes, severe allergies and epilepsy.
Apple not only denied her reasonable accommodations and retaliated against her
Case 1:17-cv-03200-SCJ-AJB Document 1 Filed 08/23/17 Page 2 of 25
for requesting the same, but also terminated her employment because of her
2.
retaliation claims under the Americans with Disabilities Act Amendments Act of
2008, 42 U.S.C. 12102 et seq. (ADAAA) and the Family and Medical Leave
Act of 1993, 29 U.S.C. 2601 et seq. (FMLA). She seeks back pay and lost
pay in lieu thereof, non-economic compensatory and punitive damages, and her
3.
Plaintiffs claims present federal questions over which this Court has
29 U.S.C. 2617(a)(2).
4.
Georgia. Venue is proper under 28 U.S.C. 1391(b) and (c), as many of the acts of
2
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which Plaintiff complains occurred in the Atlanta Division of the United States
PARTIES
5.
of Georgia, and at all relevant times she was employed by Defendant as a Support
Technician.
6.
7.
8.
business in Georgia with its principal office at One Infinite Loop, Cupertino,
California 95014. Apple is subject to the jurisdiction of this Court and may be
served with process by personal service upon its registered agent, CT Corporation
3
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9.
10.
ADMINISTRATIVE PROCEEDINGS
11.
12.
Plaintiff received the Notice of Right to Sue from the EEOC within the last
(90) days and has complied with all other conditions precedent to the assertion of
FACTS
13.
4
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14.
15.
At the time she began her employment with Apple, Ms. Brown registered as
autoimmune disorders.
16.
Ms. Brown worked the night shift from her home, allowing her to tend to
17.
On or about February 18, 2016, Ms. Brown was diagnosed with epilepsy.
18.
On or about February 22, 2016, Ms. Brown informed her supervisor, David
Barker (Barker) of the diagnosis. In her conversations with Barker, Ms. Brown
19.
On or about March 3, 2016, Barker met with Ms. Brown for a regular one-
on-one meeting.
5
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20.
Barker told Ms. Brown that she looked tired and that she should take
medical leave.
21.
Ms. Brown told Barker that she had not requested leave and did not need
22.
Ms. Browns access to Apples customer service system, preventing Ms. Brown
23.
The following day, Ms. Brown called Human Resources to explain that
Barker had blocked her access to the computer system because, in his opinion, she
24.
The Human Resources representative told Ms. Brown that she needed to
6
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25.
Ms. Brown that she had exhausted her FMLA leave and was required to return to
work.
26.
Ms. Brown returned to work on July 14, 2016. Her new supervisor was Jay
Smith.
27.
Upon her return to work, Ms. Brown was required to attend weeks of phone
support training, despite the fact that Ms. Browns position was in chat support, not
phone support.
28.
Jeff Haught.
29.
During Ms. Browns absence from work, Apple introduced new software for
chat support technicians and raised the number of simultaneous chats which
support technicians were required to handle from two (2) to three (3).
7
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30.
Ms. Brown requested training on the new software for chat support
31.
disability, that she be allowed to handle one chat at a time for a limited period of
thirty (30) days so that she could familiarize herself with the new software.
32.
33.
34.
effectively precluded her from going to regular doctors appointment and follow-
35.
8
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36.
37.
In the spring of 2016, Ms. Brown informed Defendant that she needed to
move from Kentucky to Georgia because her husbands employer was transferring
him there. Ms. Brown and Defendant had agreed that she would transfer to Georgia
in November 2016.
38.
In August 2016, Ms. Browns house flooded and became infested with mold.
The mold had a serious impact on Ms. Browns health because she is highly
allergic to mold.
39.
Ms. Brown discussed her health problems with a supervisor and provided
40.
representative that she should move to Georgia earlier than planned so as to get out
9
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41.
Because Ms. Brown had exhausted her FMLA leave during her forced
absence earlier in the year, Ms. Brown was told she could take unpaid Apple Leave
42.
43.
On October 25, 2016, Ms. Brown filed a charge of discrimination with the
night shift.
44.
On October 30, 2016, Ms. Brown saw a text message from a man named
45.
The man who texted her was Michael Harless (Harless), a senior-level
46.
Ms. Brown responded that she had arrived in Georgia and set up her home
office there. She asked what was required for her to start working again.
10
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47.
Harless told Ms. Brown that all she needed was a doctors note confirming
48.
stating that she was required to submit FMLA paperwork for her absence from
September to November and that she would be terminated if she did not submit
that paperwork.
49.
Ms. Brown contacted Harless and told him that she did not have FMLA
paperwork because she was on Apple Leave rather than FMLA leave. She also told
him that her new doctor in Georgia could not sign FMLA paperwork for absences
50.
She told Harless that she could provide a return-to-work note from her
doctor as Harless had originally requested. Harless maintained that she needed to
11
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51.
Brown submit FMLA paperwork in order to return to work, and Ms. Brown
52.
On December 21, 2016, Harless told Ms. Brown that she had until January 4,
53.
On January 12, 2017, Defendant terminated Ms. Brown, claiming that she
COUNT I
54.
55.
defined by the ADAAA, 42 U.S.C. 12102(1), because she (a) suffered mental
and/or physical impairments that substantially limited one or more major life
12
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activities, (b) had a record of such impairments, and/or (c) was regarded by
56.
defined by the ADAAA, 42 U.S.C. 12111(8), because she was able to perform
57.
adverse employment actions including, but not limited to, denying her reasonable
58.
Plaintiff has suffered out of pocket losses and has been deprived of job-related
economic benefits, including income in the form of wages and other benefits, all in
59.
suffer damages for emotional distress, mental anguish, loss of enjoyment of life,
13
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60.
maliciously with respect to, or with reckless disregard for, Plaintiffs federally
61.
reinstatement is not feasible, she is entitled to an award of damages for future lost
COUNT II
62.
63.
defined by the ADAAA, 42 U.S.C. 12102(1), because she (a) suffered mental
and/or physical impairments that substantially limited one or more major life
activities, (b) had a record of such impairments, and/or (c) was regarded by
14
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64.
defined by the ADAAA, 42 U.S.C. 12111(8), because she was able to perform
65.
adverse employment actions including, but not limited to, failing and refusing to
engage in the interactive process, failing and refusing to provide and otherwise
66.
disabilities and violated her rights under the ADAAA, 42 U.S.C. 12112(5)(A).
67.
Plaintiff has suffered out of pocket losses and has been deprived of job-related
economic benefits, including income in the form of wages and other benefits, all in
15
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68.
suffer damages for emotional distress, mental anguish, loss of enjoyment of life,
69.
maliciously with respect to, or with reckless disregard for, Plaintiffs federally
70.
reinstatement is not feasible, she is entitled to an award of damages for future lost
COUNT III
71.
16
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72.
defined by the ADAAA, 42 U.S.C. 12102(1), because she (a) suffered mental
and/or physical impairments that substantially limited one or more major life
activities, (b) had a record of such impairments, and/or (c) was regarded by
73.
defined by the ADAAA, 42 U.S.C. 12111(8), because she was able to perform
74.
including but not limited to, requesting a reasonable accommodation for her
75.
not limited to, denying her requests for reasonable accommodations and
17
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76.
employers from discriminating against an individual because she has opposed any
act or practice made unlawful under the ADAAA, 42 U.S.C. 12203(a), and also
any individual in the exercise or enjoyment of rights under the ADAAA on account
42 U.S.C. 12203(b).
77.
Plaintiff, she has suffered out of pocket losses and has been deprived of job-related
economic benefits, including income in the form of wages and other benefits,
78.
Defendants actions have caused, continue to cause, and will cause Plaintiff
to suffer damages for emotional distress, mental anguish, loss of enjoyment of life,
18
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79.
maliciously with respect to, or with reckless disregard for, Plaintiffs federally
80.
reinstatement is not feasible, she is entitled to an award of damages for future lost
COUNT IV
81.
82.
workweeks of leave per year because of her serious health condition under
29 U.S.C. 2612(a)(1)(C).
19
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83.
By forcing Plaintiff to exhaust her FMLA leave when she did not need it, by
terminate her employment and later terminating Plaintiffs employment when she
among other actions, Defendant interfered with and prevented Plaintiff from
84.
FMLA were committed with reckless disregard for her right to take up to 12
workweeks of leave time because of her serious health condition and in violation
85.
The effect of the actions of Defendant has been to deprive Plaintiff of a job,
benefits, and other benefits as a result of her right to leave under the FMLA.
86.
20
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29 U.S.C. 2617(a)(1)(A) and (B), including, but not limited to, back pay and
87.
88.
reinstatement is not feasible, she is entitled to an award of damages for future lost
COUNT V
89.
90.
workweeks of leave per year because of her serious health condition within the
21
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91.
Plaintiffs use of protected leave and/or other exercise or attempt to exercise rights
92.
attempted to exercise rights under the FMLA were committed with reckless
disregard for her right to take up to 12 workweeks of leave time because of her
93.
The effect of the unlawful actions of Defendant has been to deprive Plaintiff
retirement benefits, social security, and other benefits as a result of her right to
22
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94.
29 U.S.C. 2617(a)(1)(A) and (B), including, but not limited to, back pay and
95.
Plaintiff also is entitled to liquidated damages for the willful violation of her
96.
reinstatement is not feasible, she is entitled to an award of damages for future lost
23
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C. That the Court award Plaintiff her back pay and lost economic benefits
case;
E. That the Court award Plaintiff liquidated damages under the FMLA;
with Apple, or if this is not practicable, award Plaintiff front pay damages in lieu
thereof;
H. That the Court award Plaintiff her costs of litigation in this action and
I. That the Court grant to Plaintiff the right to have a trial by jury on all
J. That the Court grant such additional relief as the Court deems proper
and just.
24
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Respectfully submitted,
25