Jacobs v. Robeson County Public Library, et al

Filing 1

MOTION for Leave to Proceed in forma pauperis filed by Sherryl Lynn Jacobs. (Attachments: # 1 Proposed Complaint, # 2 Equal Employment Opportunity Commission Forms, # 3 Proposed Summonses, # 4 Proposed Waivers, # 5 Civil Cover Sheet) (Grady, B.)

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CHARGE OF DISCRIMINATION

Charge Presented To:

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This form is affected by the Privacy Act of 1974 See enctosed Pnvacy Act
Statement and other information before completing this form.

[KJ

Agency(ies) Charge No(s)

FEPA

430-2010-00140

EEOC

and EEOC
Stale or local Agency If any

Name (lIJdicate Mr. Ms. Mrs)

Home Phone (Iner Area Code)

Dale of Birth

Ms. Sherryl L. Jacobs
Street Address

City. State and ZIP Code

Orrum, NC 28369

POBox 175

Named is the Employer. Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe
Discriminated Against Me or Others (If more 1118n two, list under PARTICULARS below)
Name

No Employees. Members

Phone No (Include Area Code)

15 - 100

[phone]

No Employees Members

Phone No. (Include Area Code)

ROBESON COUNTY PUBLIC LIBRARY
City. State and liP Code

Street Address

101 N. Chestnut St.

Lumberton, NC 28358

Name

City, State and liP Code

Street Address

DISCRIMINATION BASED ON (Check appropriate box(es).}
CRACE

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RETALIATION

THE PARTICULARS ARE

I.

II.

III.

COLOR

(If

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AGE

SEX

0

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DISABILITY

RELIGION

D

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DATE(S) DISCRIMINATION TOOK PLACE
Earliest
Latest

09-08-2009

NATIONAL ORIGIN

OTHER (SpeCIfy below)

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09-08-2009

CONTINUING ACTION

additional paper IS needed, attach extra sheet(s))

I was hired by the above referenced employer on or about January 19, 1999, as a Computer
Technician. In time I was promoted to Technical Services Supervisor and Fairmont Branc1)'Manager.
From on or about January 2008 through July 2009, I continually requested from my employ~r
reasonable accommodations for my disability. No action was taken. On or about August 5,2009, I
was counseled and demoted by Tina Stepp, Director, to a clerk position. On or about September 8,
2009, I was discharged.

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Ms. Stepp informed me that she was discharging me for personal use of the computer. I am aware
of
employees, without disabilities that use the computers for personal reasons
without any actions taken against them.
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I believe I have been subjected to discrimination based on my disability and discharged in retaliation
for requesting reasonable accommodation, in violation of the Americans with Disabilities Act of 1990,
in violation
as amended, and subjected to discrimination based on my dis /-J 6/1'1<.,
9<1/ as am ended
ofTille I of the CiviI Rig hts Act of

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·Original charge filed October 19, 2009*

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NOTARY - Wilen necessary for State and Local Ayen,/ a:,q:;:;;;~l1a

I wanllhrs charge filed With both the EEOC and the Siale or local Agency, If any. ,
will advise the agencies if I change my address or phone number and I will cooperate

fully with them In the processing of my charge ,n accordance with their procedures.

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f--,--.,....--.,....---.,....---;-.,....--.,....-.,....--.,....--.,....---.,....--.,....------j {swear or affirm that I have read trr6 above charge and triat it is {,'lie to
I declare under penalty of perjury that the above is true and correcL

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the best of my knowledge, information and belief.
SIGNV'/ OF COMPLAI

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SUBSCRIBED ;;l{sw

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TO BEFORE ME iH/.3 DATE

(month day;trar)

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u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

EEOC Form 161 (11/09)

DISMISSAL AND NOTICE OF RIGHTS
To:

Sherryl L. Jacobs
POBox 175
Orrum, NC 28369

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From:

Charlotte District Office
129 W. Trade Street
Suite 400
Charlotte, NC 28202

On behalf of person(s) aggrieved whose identity is
CONFIDENTIAL (29 CFR §1601. 7(a))

EEOC Charge No.

EEOC Representative

Telephone No.

430-2010-00140

Omayra P. Offe,
Investigator

[phone]

THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:

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The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC.

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Your allegations did not involve a disability as defined by the Americans With Disabilities Act.

The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.

D

Your charge was not timely filed with EEOC; in other words, you waited too long after the date(s) of the alleged
discrimination to file your charge

[K]

The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to conclude that the
information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with
the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge.

D
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The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge.
Other (briefly state)

- NOTICE OF SUIT RIGHTS ­
(See the additional information attached to this form.)

Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age
Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you.
You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court. Your
lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be
lost. (The time limit for filing suit based on a claim under state law may be different.)
Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations) of the
alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years)
before you file suit may not be collectible.

OCT 26 2011
Enclosures(s)

cc:

William R. Purcell, II, Esq.
WILLIAM R. PURCELL, II, PLLC
PO Box 1567
Laurinburg, NC 28353

(Date Mailed)