Case 3:17-cv-02461-G Document 1 Filed 09/14/17 Page 1 of 8 PageID 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

RODNEY BRITTON,

Plaintiff,

-v- Civil No. ____________

APPLE INC.,

Defendant.

PLAINTIFFS ORIGINAL COMPLAINT

TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE:

NOW COMES Plaintiff Rodney Britton and files this, his Original Complaint, and

respectfully shows the following:

I. PARTIES

1. Mr. Britton is an individual who resides in Dallas County, Texas.

2. Apple Inc. (Apple) is a corporation doing business in the state of Texas.

Apple can be served through its registered agent for service of process, CT Corp System, at 1999

Bryan St., Suite 900, Dallas, Texas 75201.

II. JURISDICTION AND VENUE

3. This Court has original jurisdiction to hear this complaint under 28 U.S.C.

1331 because this case asserts claims for violations of Title VII of the Civil Rights Act of 1964,

(42 U.S.C. 2000e, et seq.), a federal law that provides for federal question jurisdiction.

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4. This Court has supplemental jurisdiction over the state law claim under 28 U.S.C.

1367, this claim being so related to the claims in the action within this Courts original

jurisdiction that they form part of the same case or controversy.

5. Venue is appropriate in the Northern District of Texas because the acts giving rise

to this suit occurred in Dallas County, Texas.

III. FACTS

6. Mr. Britton began working for Apple in December 2007.

7. For the duration of his employment, Mr. Britton always gave his best efforts to

Apple.

8. Mr. Britton most recently worked as a Senior Manager at Apples NorthPark store

in Dallas, Texas.

9. Mr. Britton always received positive reviews and did not have any disciplinary

history.

10. For his exemplary performance, Apple awarded Mr. Britton company stock

almost every year, most recently in 2015.

11. Unfortunately, Apple hired a part-time employee, Joey Taylor, who sexually

harassed male employees.

12. Mr. Britton was one of the individuals subjected to Mr. Taylors unwelcome

sexual harassment.

13. Beginning in October 2015, Mr. Taylor began sending lewd, inappropriate

messages to Mr. Britton.

14. Mr. Britton attempted to address the matter directly with Mr. Taylor; however,

Mr. Taylor persisted.

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15. In April 2016, Mr. Taylors harassment increased in severity and tone.

16. Among other things, Mr. Taylor made numerous sexual references to Mr. Britton

as well as a reference to rape.

17. Following Mr. Taylors harassing comments, on April 20, 2016, Mr. Britton

promptly reported the harassment to J. Michael Cole, store leader.

18. Unfortunately, Mr. Cole took no prompt remedial action concerning the situation.

19. Mr. Cole simply responded that Mr. Britton should talk to Mr. Taylor himself and

try to work it out.

20. On April 22, 2016, Mr. Taylor went out on medical leave following a meeting

with Mr. Britton and Tiffany Gotro, Manager.

21. Upon Mr. Taylors return in July 2016, Mr. Taylors harassment continued.

22. On or about August 7, 2016, Mr. Britton, Mr. Taylor, and Mr. Cole all met

together to discuss Mr. Taylors actions.

23. At this meeting, Mr. Taylor continued to make sexual remarks.

24. Furthermore, Mr. Taylor was allowed to take control of the meeting and demand

information from Mr. Britton.

25. At the end of the meeting, Mr. Taylor falsely accused Mr. Britton of encouraging

Mr. Taylors behavior.

26. Mr. Britton then excused himself from the meeting, expressed concern about his

safety and well being, and asked to speak with Human Resources.

27. On or about August 8, 2016, Mr. Britton complained to Jody Wright, Dallas

market Human Resources Manager, of sexual harassment and Mr. Coles failure to remedy the

situation.

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28. Ms. Wright told Mr. Britton that, as a senior manager, it was part of his

responsibility to deal with things like this.

29. Mr. Britton responded that sexual harassment is not something anyone is

supposed to have to deal with.

30. Furthermore, Mr. Taylor remained both an employee and a threat to co-workers.

31. Following Mr. Brittons complaint to Ms. Wright, Apple began to retaliate against

Mr. Britton.

32. On or about August 11, 2016, Mr. Britton again met with Mr. Cole, who told Mr.

Britton he needed to work on his peer relationship issues.

33. For the next several weeks, Mr. Cole then began acting aggressively toward Mr.

Britton and undermining Mr. Britton in front of other managers.

34. Several other managers, including Derrick Zachary, Justin Talbot, and Tiffany

Gotro, noticed Mr. Coles change in behavior, with one even noting it appeared Mr. Cole was

coming after Mr. Britton.

35. Following Mr. Brittons meetings with Ms. Wright and Mr. Cole, Mr. Britton was

never contacted regarding his complaints about Mr. Taylors behavior.

36. Several weeks later, Ms. Wright informed Mr. Britton he was being investigated

for a potential Business Conduct policy violation.

37. On or about September 21, 2016, six weeks after Mr. Brittons complaint to Ms.

Wright, Mr. Cole terminated Mr. Britton.

38. The stated reason for Mr. Brittons termination was his involvement in favorable

transactions with a friend.

39. However, this is mere pretext for retaliation.

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40. First, Mr. Britton did not engage in any favorable transactions with a friend.

41. Second, Apple did not provide Mr. Britton with any examples of any transactions

that were violations.

42. Mr. Britton simply exchanged items that would be done for any other customers.

43. Mr. Britton did not apply any discounts or other type of favorable treatment that

could and would not have been done for any other customer.

44. Third, the individual was someone Mr. Britton had briefly dated three years ago

but had not been in any type of close contact with that person for the past three years.

45. Importantly, Mr. Britton was encouraged by other store leaders to ring out

(handle transactions, purchases, returns, etc.) the individual in question, with the other leaders

even telling Mr. Britton, Go ahead and take care of him. We trust you.

46. Mr. Britton is not aware of and was never trained on any policy stating that

managers cannot have any involvement of any kind in transactions with friends or acquaintances.

47. Apple requires that in any transaction with a family or friend where a large

discount is being applied, the employee must partner with another employee to handle the

discount.

48. Mr. Britton always partnered with another manager in these situations.

49. Finally, other managers in that same store and other stores routinely ring out

friends and acquaintances.

50. None of these managers have been disciplined or terminated for the conduct

Apple cites as Mr. Brittons stated reason for termination.

51. In the six years Mr. Britton has been a manager in Dallas, Mr. Britton has never

heard of a manager being fired for ringing up a friend or acquaintance.

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52. Mr. Britton dual-filed a charge of discrimination with the EEOC and TWC on or

about December 20, 2016. He received his right to sue from the EEOC on or about June 22,

2017. He has requested the right to sue from the TWC but not yet received it.

53. All conditions precedent to the bringing of this suit have been satisfied or

fulfilled.

IV. TITLE VII RETALIATION

54. Plaintiff realleges and incorporates the allegations contained in paragraphs 6-53 as

if fully stated herein.

55. Mr. Britton made multiple complaints of sexual harassment.

56. Defendants actions were undertaken because of Mr. Brittons complaints of

sexual harassment in violation of 42 U.S.C. 2000e, et seq.

57. Defendants actions were intentional and done with malice or reckless disregard.

58. Plaintiff has satisfied all jurisdictional prerequisites in connection with his claims

under Chapter 21.

59. Because of the actions of the Defendant, Mr. Britton suffered damages within the

jurisdictional limits of this court.

V. TEXAS LABOR CODE RETALIATION

60. Plaintiff realleges and incorporates the allegations contained in paragraphs 6-53 as

if fully stated herein.

61. Mr. Britton made multiple complaints of sexual harassment.

62. Defendants actions were undertaken because of Mr. Brittons complaints of

sexual harassment in violation of Chapter 21 of the Texas Labor Code, et seq.

63. Defendants actions were intentional and done with malice or reckless disregard.

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64. Plaintiff has satisfied all jurisdictional prerequisites in connection with his claims

under Chapter 21.

65. Because of the actions of the Defendant, Mr. Britton suffered damages within the

jurisdictional limits of this court.

VI. JURY DEMAND

66. Plaintiff exercises his right to trial by jury.

VII. DAMAGES

67. Plaintiff seeks all damages allowed under 42 U.S.C. 2000e, et seq., and Chapter

21 of the Texas Labor Code, including:

(a) Plaintiff seeks all actual damages, including his wages and benefits denied

or lost by reason of the violations.

(b) Plaintiff seeks front pay and compensatory damages for future pecuniary

losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of

life, and other nonpecuniary losses.

(c) Plaintiff seeks punitive damages in the maximum amount allowed by law.

(d) Plaintiff seeks an injunction prohibiting Defendant from engaging in

unlawful employment practices.

(e) Plaintiff seeks declaratory relief as may be appropriate.

(f) Plaintiff seeks reasonable attorneys fees and costs.

(g) Plaintiff seeks pre- and post-judgment interest at the maximum rate

allowed by law.

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WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Summons

be issued, and that upon a trial on the merits, Plaintiff be awarded the relief requested in this

Complaint and such other and further relief to which he may be justly entitled.

Respectfully submitted,
ROB WILEY, P.C.

By: /s/ Eric P. Dama______________

Robert J. Wiley
Texas Bar No. 24013750
Board Certified Specialist, Texas Board of Legal
Specialization, Labor and Employment Law
Eric P. Dama
Texas Bar No. 24090061

LAW OFFICE OF ROB WILEY, P.C.

2613 Thomas Avenue
Dallas, Texas 75204
Telephone: (214) 528-6500
Facsimile: (214) 528-6511
edama@robwiley.com

ATTORNEYS FOR PLAINTIFF

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