U.S. Equal Employment Opportunity Commission v. Albertsons Companies Inc. et al

Filing 1

COMPLAINT with Jury Demand against Albertsons Companies Inc., DOES 1-5, No Fee Required, filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:18-cv-00852-MMA-BGS. Judge Michael M. Anello and Magistrate Judge Bernard G. Skomal are assigned to the case. (Park, Anna)(jrm) (jao).

Anna Y. Park, CA SBN 164242
Sue J. Noh, CA SBN 192134
2 Rumduol Vuong, CA SBN 264392
U.S. EQUAL EMPLOYMENT
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OPPOR!UNITY COMMISSION
255 East Tem2le Street, Fourth Floor
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Los Angeles, CA 90012
5 Telephone: [phone]
Facsimile: [phone]
6 E-Mail: [e-mail]
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Attome~ for Plaintiff
U.S. E UAL EMPLOYMENT
OPPOR UNITY COMMISSION

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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U.S . EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

Case No.

COMPLAINT
• CIVIL RIGHTS
• EMPLOYMENT
DISCRIMINATION

Plaintiff,

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'18CV0852 MMA BGS

vs.
ALBERTSONS COMPANIES INC. ,
AND DOES 1-5, INCLUSIVE,

(42 U.S.C. §§2000e, et seq.)
Defendants.

JURY TRIAL DEMAND

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NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 and Title I

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of the Civil Rights Act of 1991 ("Title VII") to correct unlawful employment

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practices on the basis of national origin and to provide appropriate relief to

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Guadalupe Zamorano, Hermelinda Stevenson (collectively referred to herein as
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"Charging Parties") and a class of similarly aggrieved individuals who were

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adversely affected by such practices. As set forth with greater particularity in

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paragraph 15 of this Complaint, Plaintiff U.S. Equal Employment Opportunity

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Commission asserts that Defendants Albertsons Companies Inc. and Does 1-5

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(collectively referred to herein as "Defendants"), subjected Charging Parties and a

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class of similarly aggrieved individuals to harassment in violation of Title VII.

JURISDICTION AND VENUE

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1.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451,

1331, 1337, 1343 and 1345.
2.

This action is authorized and instituted pursuant to § 7 06( f)( 1) and

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(3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-

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5(f)(l) and (3), ("Title VII") and§ 102 of the Civil Rights Act of 1991, 42 U.S.C.

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§ 1981(a).

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The employment practices alleged to be unlawful were committed

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within the jurisdiction of the United States District Court for the Southern District

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of California.

PARTIES

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4.

Plaintiff U.S. Equal Employment Opportunity Commission("Plaintiff,"

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"EEOC," or the "Commission") is an agency of the United States of America

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charged with the administration, interpretation and enforcement of Title VII and is

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expressly authorized to bring this action by§706(f)(l) and (3) of Title VII, 42

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U.S.C. § 2000e-5(f)(l) and (3).

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5.

At all relevant times, Albertsons Companies Inc. ("Albertsons") has

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continuously been an Idaho corporation doing business in, amongst other places,

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San Diego County, State of California, and has continuously had at least fifteen

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(15) employees.

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6.

At all relevant times, Defendant Albertsons has continuously been an

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employer engaged in an industry affecting commerce within the meaning of
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Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e-l (b), (g), and (h).
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All of the acts and failures to act alleged herein were duly performed

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by and attributable to all Defendant(s), each acting as a successor, agent, alter ego,

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employee, indirect employer, joint employer, integrated enterprise and/or under the

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direction and control of the others, except as specifically alleged otherwise. Said

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acts and failures to act were within the scope of such agency and/or employment,

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and each Defendant participated in, approved and/or ratified the unlawful acts and

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omissions by the other Defendants complained of herein. Whenever and wherever

1O reference is made in this Complaint to any act by a Defendant or Defendants, such
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allegations and reference shall also be deemed to mean the acts and failures to act

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of each defendant acting individually, jointly, and/or severally.

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Plaintiff is ignorant of the true names and capacities of each

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Defendant sued as DOES 1 through 5, inclusively, and therefore Plaintiff sues said

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defendant( s) by fictitious names. The Commission reserves the right to amend the

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complaint to name each DOE defendant individually or corporately as it becomes

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known. Plaintiff alleges that each DOE defendant was in some manner responsible

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for the acts and omissions alleged herein and Plaintiff will amend the complaint to

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allege such responsibility when the same shall have been ascertained by Plaintiff.

STATEMENT OF CLAIMS

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9.

More than thirty days prior to the institution of this lawsuit, Charging

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Parties filed charges of discrimination with the Commission alleging violations of

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Title VII by Defendants.

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10.

Subsequent to the Charging Parties filing their charges of

discrimination, the EEOC investigated the charges against Defendant Albertsons.
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On July 10, 2017, the Commission issued to Defendant Albertsons

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Letters of Determination finding reasonable cause to believe that Charging Parties

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and a class of employees were subjected to disparate treatment and a hostile work

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environment because of their national origin (Hispanic and/or Mexican) in
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violation of Title VII. The Commission made a further like and related finding

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that there was reasonable cause to believe that the Charging Parties and a class of

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similarly situated individuals were subjected to discrimination on the basis of

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national origin (Hispanic and/or Mexican) and/or race (Hispanic) in violation of

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Title VII which lead to discipline. The Commission further invited Defendant to

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join with the Commission in informal methods of conciliation to endeavor to

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eliminate the discriminatory practices and provide appropriate relief.

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12.

The Commission engaged in communications with Defendant

1O Albertsons to provide Defendant with the opportunity to remedy the
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discriminatory practices described in the Letters of Determination.
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The Commission was unable to secure through informal methods of

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conciliation, including but not limited to an in-person conciliation conference,

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from Defendants a conciliation agreement acceptable to the Commission.

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14.

On January 23, 2018, the Commission issued to Defendant Albertsons

Notices of Failure of Conciliation.
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All conditions precedent to the initiation of this lawsuit have been

fulfilled.
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Since at least 2012, Defendants have engaged in unlawful

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employment practices in violation of§§ 703(a)(l) and 704 of Title VII, 42 U.S.C.

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§§ 2000e-2(a)(l) by subjecting the Charging Parties and a class of similarly

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aggrieved individuals to harassment on the basis of national origin. The unlawful

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employment practices include but are not limited to:

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a. In or about 2012, Albertsons developed an unwritten English-only

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policy, which Albertsons implemented as essentially a no Spanish policy. In a

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training video, managers and employees were instructed that employees should not

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speak Spanish as long as there was a non-Spanish speaking person present.

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Pursuant to those instructions/training, Richard Brown, Store Director of Store

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#6785, located on Lake Murray Blvd in San Diego, California, implemented a no
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Spanish policy. Brown and other supervisors communicated to the Charging

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Parties and other Hispanic employees that they could not speak Spanish anywhere

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on the premises regardless of whether they were on break.
b. Brown and others verbally harassed Hispanic employees, telling

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them not to speak Spanish, threatening them with discipline, and publicly

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reprimanding them for allegedly speaking Spanish.
c. Charging Party Guadalupe Zamorano has worked for Defendant

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Albertsons since August 2007. She worked in Albertsons Store #6785 , located on

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Lake Murray Blvd. In October 2012, Brown reprimanded Zamorano in front of the

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store for speaking Spanish.
d. After the counseling session, Zamorano called Albertsons ' hotline

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to complain about Brown ' s conduct and prohibition against speaking Spanish at

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work.
e. Defendants failed to take corrective action in response to the

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complaint by the Zamorano. Upon receipt of the Charging Party Zamorano ' s

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complaint, a union representative investigated the complaint, and told Zamorano

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that she needed to speak English because she was living in the United States. There

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was no further action taken in regards to the complaint.

f. Charging Party Zamorano was reprimanded by Brown again on or

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about December 6, 2012 for speaking Spanish even though she was speaking with

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a Spanish-speaking customer. Brown again instructed her to only speak in English

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at work.

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g. As a result of the harassment, Charging Party Zamorano requested

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a transfer to a different store on or about November 22, 2013 . She wrote on her

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transfer request form that she was requesting the transfer because of the

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harassment she was subjected to . Brown refused to submit her transfer request unti

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she filled out a form that did not include the statement about harassment.

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h. Charging Party Hermelinda Stevenson has worked for Defendant
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Albertsons since 1989, and was transferred to Store #6785 in August 2012. In

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October 2012, Stevenson was also reprimanded by Brown in front of the store for

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speaking Spanish for the same incident that Zamorano was reprimanded for.

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Charging Party Stevenson and her coworkers were prohibited by Brown and

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Assistant Store Director Jerri Burleson from speaking Spanish at work, even

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during breaks in the break room. As a result of the harassment and monitoring

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from management, Charging Party Stevenson and other workers would leave the

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premises to eat lunch in order to feel comfortable.

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i. Charging Party Stevenson requested a transfer to a different store on

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or about June 3, 2013 in part because the harassment and other issues at work were

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making her physically sick, including anxiety and stomach issues.
j. Other Albertsons employees were not allowed to speak Spanish and

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were subjected to harassment, including but not limited to one employee being

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instructed not to speak Spanish by a department head as managers did not like

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when she spoke Spanish, another employee was harassed by coworkers when she

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spoke in Spanish, and an employee was told by the managers that the employees

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could not speak Spanish anywhere even with Spanish speaking customers.
k. Other non-Hispanic employees were not subjected to harassment or

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subjected to the no Spanish policy.
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The effect of the practices complained as described in paragraph 16

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has been to deprive Charging Parties and a class of similarly aggrieved individuals

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of equal employment opportunities and otherwise adversely affects their status as

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employees because of their national origin, Hispanic and/or Mexican.

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The unlawful employment practices complained of in paragraph 16

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above were intentional and caused Charging Parties and a class of aggrieved

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individuals to suffer emotional distress.

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19.

The unlawful employment practices complained of in paragraph 16

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above were done with malice or with reckless indifference to the federally
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protected rights of Charging Parties and a class of aggrieved individuals.

PRAYER FOR RELIEF

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Wherefore, the Commission respectfully requests that this Court:

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A.

Grant a permanept injunction enjoining Defendants, their officers,

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successors, assigns, and all persons in active concert or participation with each of

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them, from engaging in national origin harassment and any other employment

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practice which discriminates on the basis of national origin;
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Order Defendants to institute and carry out policies, practices, and

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practices in violation of§§ 703(a)(l) and 704 of Title VII;
C.

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Order Defendants to make Charging Parties and a class of aggrieved

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individuals whole by providing compensation for past and future pecuniary losses,

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including where appropriate back pay and front pay with prejudgment interest on

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any lost pay and benefits, in amounts to be determined at trial;
D.

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Order Defendants to make Charging Parties and a class of aggrieved

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individuals whole by providing compensation for past and future non-pecuniary

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losses resulting from the unlawful employment practices complained of above,

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including emotional pain, suffering, inconvenience, mental anguish, humiliation

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and loss of enjoyment oflife, in amounts to be determined at trial;
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Order each Defendant to pay Charging Parties and a class of

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aggrieved individuals punitive damages for its intentional, malicious, and reckless

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conduct described above in an amount to be determined at trial;

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F.

Award the Commission its costs of this action; and

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G.

Grant such further relief as the Court deems necessary and proper in

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the public interest.

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III

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III

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JURY TRIAL DEMAND

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The Commission requests a jury trial on all questions of fact raised by its
Complaint.

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Dated: May 3, 2018

Respectfully Submitted

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JAMES L. LEE,
Deputy General Counsel

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GWENDOLYN YOUNG REAMS,
Associate General Counsel

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
131 "M" Street, NE.
Washington, D.C. 20507

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By: . ~/~

ANNK Y.PARK
Regional Attorney
SUEJ. NOH
Supervisory Trial Attorney
RUMDUOL VUONG,
Supervisory Trial Attorney
U.S. EOUAL EMPLOYMENT
OPPOR!UNITY COMMISSION

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