ARMANDO QUANT VS. COLLIERS INTERNATIONAL REAL ESTATE MANAGEMENT ET AL

Mr. Quant is a 58-year old man of Hispanic descent born in the Central American

Country of Nicaragua.

Mr. Quant was diagnosed with Post Traumatic Stress Disorder (PTSD) and Bipolar

Disorder Type II in June 2012.

Mr. Quant began his employment with COLLIERS on February 26, 2017, as a

building engineer earning $40 per hour.

Mr. Quant worked under the supervision of COLLIERS’ chief engineer, Steve

Sekoch, a White man. Mr. Sekoch left COLLIERS’ employment in August 2017, leaving the chief

engineer’s position vacant. Mr. Quant was tasked with performing the duties and functions of the

chief engineer in addition to his duties as building engineer, meaning that he was now responsible

for six buildings (almost 1 million square feet).

Prior to the time that Mr. Sekoch left COLLIERS the six buildings were being

managed by three building engineers in addition to Mr. Sekoch.

After Mr. Sekoch left COLLIERS’ employ, Mr. Quant was required to service all

six of the buildings. Being the building engineer for six buildings required Mr. Quant to adjust his

work schedule. He started work at 5:00 a.m. and ended work at 2:30 p.m. He rarely if ever

worked less than nine hours, yet he was only paid for eight hours per day/40 hours per week. On

occasion, after his shift ended and he traveled home for the day, he was required to return to work

in cases of emergencies. He lives in San Jose, California and the buildings he worked in were

-4-

COMPLAINT FOR DAMAGESUk WN |

oC om I A

CG S

located in San Francisco, he rarely received regular pay or over-time pay responding to work

emergencies. Because of the workload, he was also not provided meal and rest periods consistent

with California law.

Mr. Quant sought the promotion to the chief engineer position. He thought if he

was promoted to chief engineer he could hire additional building engineers to spread the workload

so that it would not require him to work overtime. After Mr. Sekoch left COLLIERS, Mr. Quant

was required to perform the job tasks that the former chief engineer performed and he believed that

by doing these additional tasks he had demonstrated the skill, experience and knowledge to capably

perform as the chief engineer. Mr. Quant contacted Jeff Gerwig, a National Director for

COLLIERS, and asked to be promoted to the chief engineer position, but Mr. Gerwig rejected Mr.

Quant’s request stating that Mr. Quant “did not fit into that position.” Mr. Quant persisted and

asked Tom Ohlson, a COLLIERS Director, for the chief engineer position, but Mr. Ohlson also

denied Mr. Quant’s request stating “you are not suitable for that position.”

After having his request to be promoted to the chief engineer, Mr. Quant then asked

Tracey Johnson, Director of COLLIERS’ Human Resources Department for a $5 increase in his

hourly rate because he was now responsible for doing much more work as the building engineer.

Ms. Johnson denied his request claiming that Mr. Quant needed a four-year college degree to be

eligible for the chief engineer position, despite the fact that this requirement was not listed in the

requirements for the chief engineer position.

Mr. Quant’s hourly rate as a building engineer doing the chief engineer duties was

$40 per hour, whereas the hourly rate for the chief engineer was $65 per hour. Mr. Quant would

soon realize the reason he was not “a fit for the position” or “suitable for the position”, when

Ms. Maxwell spelled it out for him in clear language, she told him that he was a “F**king

Mexican wet-back who speaks broken English” and a “moron” because he has PTSD and

Bipolar Disorder.

In or about October 2017, after being denied the promotion to chief engineer and

having his request for a pay increase rejected, Mr. Quant began to suffer emotionally, so he

requested three weeks off work to deal with his previously diagnosed mental conditions. Mr.

-5-

COMPLAINT FOR DAMAGESoem ND HW PF WY

RR YP RYN RNR DN NR ee me Be Be ee Rm oe

co IAA FF 8S fF SF GC wM RADA EHH HS

Quant notified COLLIERS at the time he requested permission to take time off from work that he

had been diagnosed with Post Traumatic Stress Disorder (PTSD) and Bipolar Disorder II.

In fact, Mr. Quant provided written documentation of his diagnosis when requesting

medical leave. Mr. Quant first contacted COLLIERS’ Senior Property Manager, Jennifer Ryken.

Ms. Ryken told Mr. Quant that she was going to let him know if his request was granted soon but

never got the chance because she was discharged by COLLIERS a few days after his request.

After Ms. Ryken left COLLIERS, Mr. Quant gave another written request for leave to Tyler Blair,

Assistant Property Manager. Mr. Blair told Mr. Quant that he would let him know in a few days,

but before he could, Mr. Blair left COLLIERS. Mr. Quant provided another written request to

another Property Manager named Dee Dee Nolley, but a few days after he had provided his written

request for leave, she left COLLIERS.

In or about October 2017 COLLIERS made changes in the management for all six

(6) buildings and gave two (2) building to the new Property Manager Brandon Madison.

In October or November Mr. Quant provided Mr. Madison with a written request

seeking medical leave, but he too left COLLIERS before acting on Mr. Quant’s request.

In November or December Mr. Quant continued his efforts to obtain permission to

take medical leave. He presented a written request to the new Senior Property Manager, Sabrina

Maxwell. Ms, Maxwell responded by denying Mr. Quant request for medical leave.

On March 9, 2018, Mr. Quant notified COLLIERS that he was being asked to do so

much work that he could not take his 30-minute meal break. Mr. Quant received no response from

COLLIERS regarding his inability to take his 30-minute meal breaks.

— Then, in April 2018, Mr. Quant sent an email with his doctors’ notes to Scott Wong

Assistant Property Manager requesting four weeks off, but Mr. Wong never replied.

From September 2017 until he was terminated in July 2018, Mr. Quant was

subjected to discriminatory animus from COLLIERS based on his age, mental disability, race

and/or national origin.

When Mr. Quant first met Ms. Maxwell she immediately began making ageist

statements to and about Mr. Quant. She commented directly to Mr. Quant “‘you look like a very

-6-

COMPLAINT FOR DAMAGESoO YX DAH B® WN

~ ww

old” man,” She asked Mr. Quant point blank “how old are you?” She then stated, “you are too

old for this type of job.” Ms. Maxwell did not stop there, she then began telling Mr. Quant that

“he needed to start looking for another job” [a job outside of the COLLIERS’ organization].

Ms. Maxwell continuously pressured Mr. Quant both in person, via telephone, and

text messaging to look for another job. Ms. Maxwell carried the harassment further and started

contacting COLLIERS’ vendors directly inquiring if they had any positions suitable for Mr. Quant

—all of this without Mr. Quant’s request or consent.

By November 2017, the negative treatment he received from Mr. Gerwig, National

Engineering Manager/Director and Mr. Ohlson in denying Mr. Quant the promotion to chief

engineer, and the pressure Ms. Maxwell had been putting on him to find another job because he is

“too old” and a “moron” started to affect him emotionally. He went to Ms. Maxwell and

requested permission to take some time off of work to address his mental health. Ms. Maxwell told

Mr. Quant “no, you cannot because we don’t have any other person to cover for you.” Mr.

Quant informed Ms. Maxwell and others at COLLIERS that he had been diagnosed with PTSD and

Bipolar Il. Mr. Quant provided COLLIERS with medical documentation from his doctor verifying

his diagnoses and requested medical leave so that he could stabilize his mental health. Mr. Quant

presented this leave request to Ms. Maxwell which she promptly denied.

On July 11, 2018, Ms. Maxwell met Mr, Quant at one of the six buildings he was

responsible for providing engineering services and told him again that he (Mr. Quant) needed to

find another job because COLLIERS had just hired a new chief engineer who was going to start

work on July 12, 2018.

Ms. Maxwell went further in her efforts to motivate Mr. Quant to resign by stating

that he (Mr. Quant) would not get along with the new chief engineer because the new chief

engineer is a “red neck, a White man” and you (Mr. Quant) are a “F**king Mexican wet back

who speaks broken English.” Mr. Quant also renewed his request to Ms. Maxwell for approval

to take three-four weeks of medical leave, but Ms. Maxwell again denied his request, stating

“people with PTSD and Bipolar are morons.”

-7-

COMPLAINT FOR DAMAGESCoe YN Ah eB WN

a eR BNE S

16

26

rf on

ww ww

On that same day, July 11, 2018 at 10:23 a.m., Mr. Quant immediately complained

in an email to Mr. Ohlson about Ms. Maxwell’s racist statements. Neither Mr. Ohlson nor anyone

at COLLIERS’ responded to Mr. Quant’s written complaint. However, later that day on July 11,

2018, at approximately 5:00 p.m. Mr. Ohlson called Mr. Quant on the telephone and told him to

not to come to work “for a couple of days”. No reason was given by Mr. Ohlson to Mr. Quant why

he was not to report to work. Mr. Ohlson did not mention the e-mail that Mr. Quant had sent him

earlier that day. Mr. Ohlson told Mr. Quant that he was suspended effective July 11, 2018. The

suspension caused Mr. Quant to suffer emotional distress resulting in a depression. He sought

treatment and remains under psychiatric care and has been prescribed psychotropic medications.

Five days later, on July 16, 2018, COLLIERS’ terminated Mr. Quant, ina letter

signed by Mr. Ohlson. Mr. Ohlson stated that Mr. Quant’s position had been eliminated and that

he was no longer needed. Mr. Quant was told that he was not allowed back into the building and

that he was denied the opportunity to retrieve his personal tools that are valued at approximately

$1,200.00,

Causes of Action

COMPLAINT

LIERS INTERNATIONAL REAL

ATE MANAGEMENT SERVICES