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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684
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IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO
CIVIL DIVISION
KAYLEE FEREBEE
2097 Commons Road South
Reynoldsburg, Ohio 43068
Plaintiff,
VS. Case No
GOLDOLLER REAL ESTATE Judge
INVESTMENTS, LLC,
aka, GoldOller Management Services, LLC
c/o Statutory Agent Magistrate
Corporate Service Company
3366 Riverside Drive, Suite 103
Columbus, Ohio 43221
and at
c/o any officer or manager
107 S. 2" Street, Suite 500
Philadelphia, PA 19106
Defendant.
COMPLAINT
(Jury Demand Endorsed Hereon)
JURISDICTION AND VENUE
1 Jurisdiction of this Court is invoked pursuant to Title VII of the Civil Rights Act of
1964, 42 U.S.C. §2000(e) et seq., as amended; 42 U.S.C. §1983 and the United States Constitution,
Fourteenth Amendment; FLSA Equal Pay Act, 29 U.S.C. § 206(d)(1); 29 U.S.C. § 2601 ef seq., the
Family Medical Leave Act, as amended (FMLA) and C.F.R. 825.100 e¢ seq., as amended and under
29 U.S.C. § 2617 (FMLA private right of action); and, Ohio Rev. Code 4112.02 et seq. regarding
sex, pregnancy, and retaliation, as well as Ohio common law claims.
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2. Venue is proper before this Court as the unlawful employment practices and
discrimination alleged below were and are being committed within the County of Franklin, State of
Ohio
2
3 Plaintiff has fulfilled any and all administrative filing requirements by filing a Charge
with the Ohio Civil Rights Commission (OCRC), Charge No. COL 71(49468)03072022, and with
the Equal Employment Opportunity Commission (EEOC), Charge No. 22A-2022-01600, a true
copy of which is attached hereto as "Exhibit A" and incorporated herein. Plaintiff has obtained or
will obtain a right-to-sue letter with respect to the aforementioned charge, a true copy of which is
attached hereto as "Exhibit B."
PARTIES:
4. Plaintiff, Kaylee Ferebee, is an individual female and citizen of the United States and
State of Ohio, residing at 2097 Commons Road South, City of Reynoldsburg, County of Franklin,
State of Ohio 43068.
5. Defendant, Goldoller Real Estate Investments, LLC, aka, GoldOller Management
Services, LLC, is a limited liability company, with its principal business located at 107 S. 2™
Street, Suite 500, City of Philadelphia, County of Philadelphia, Commonwealth of Pennsylvania
19106.
PRELIMINARY FACTS:
6. Paragraphs 1 through 5 hereof are repeated and incorporated herein as though fully
rewritten.
7. Plaintiff interviewed for a Leasing Agent position with Defendant GoldOller on or about
August 4, 2021.
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8. At the time of Plaintiff’s interview, Defendant was relatively new to Ohio, and
Defendant had multiple
job openings which it needed to fill as soon as possible
9. Defendant needed to fill Leasing Agent positions in order to avoid revenue shortfalls.
10. At Plaintiffs interview, the persons present were Plaintiff, Community Manager,
Jessica Dekker, and Assistant Manager, Deondria Grandes.
11. Claimant was to be paid $16.00 per hour.
12. It was not discussed that the position required on-site attendance.
13. At the time of the interview, Plaintiff disclosed her pregnant condition
14. It was represented to Plaintiff by Defendants’ managers, that Plaintiff would receive at
least six (6) weeks of pregnancy leave, and Plaintiff relied upon the representation in determining
to accept employment and cease looking for other employment.
15. Defendant hired Plaintiff for the Leasing Agent Position at its Albany Landings
Apartment Community.
16. Plaintiff satisfactorily performed her job duties at Albany Landings.
17. As the Plaintiff approached her pregnancy due date of November 13, 2021, Plaintiff
informed her Community Manager that she would need the maternity leave promised, and she was
provided with FMLA leave forms.
18. Shortly thereafter Plaintiff was contacted by Defendant’s Human Resources Manager,
Ms. Rosemary Abreu, who stated in an e-mail to Plaintiff of November 4, 2022
Hi Kaylee,
At this site, we are not able to accommodate a non-fmla leave of absence that is more than
14 days since it would pose an undue hardship on the property.
I am sorry if that was not communicated to you properly.
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If you choose to leave, and when you are ready to return to the workforce, please visit our
career center, you can apply for any position that is available.
19. By this communication, Ms. Abreu reverses course on FMLA leave, but fails to
interact, and defaults on the express representation made to Plaintiff.
20. The proper reasonable accommodation is provided by Ohio Adm. Code 4112-5-05(G)
which states in pertinent part:
* * * For example, if the female meets the equally applied minimum length of service requirements for leave
time, she must be granted a reasonable leave on account of childbearing.
O.A.C. 4112-5-05(G)(5).
21. This administrative code section appears to incorporate the Ohio Supreme Court’s
decision in McFee v. Nursing Care Mgt. of America, Inc., 126 Ohio St.3d 183, 2010-Ohio-2744,
931 N.E.2d 1069, where the employee was terminated for going on maternity leave prior to
fulfilling the employer’s requirement for employees to work for one year prior to taking any leave
at all. The Ohio Supreme Court found this employer policy to be neutral and not evidence of
pregnancy discrimination, stating, “Ohio Adm. Code 4112-5-05 does not prohibit uniformly
applied minimum-length-of-service requirements.”
22. However, the instant case is different than M/cFee because in this case an affirmative
representation was made to the Plaintiff that she would have at least 6 weeks of maternity leave.
23. The representation made to Plaintiff turned-out to have been misrepresentation, and
fraudulent.
24. Further, by making the representation to Plaintiff that she would receive at least six
weeks of pregnancy leave, Defendant waived any contrary requirement that may have appeared in
its internal policies.
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25. In addition, by providing Plaintiff with FMLA leave forms when Plaintiff gave notice
of her need for pregnancy leave, even though Plaintiff may not then have qualified for FMLA
leave, Defendant was estopped from denying Plaintiff the leave she would have had under the
FMLA.
CAUSES OF ACTION:
COUNT I (Sex & pregnancy discrimination; wrongful termination):
26. The facts and allegations contained paragraphs 1 through 25 hereof are incorporated
herein as if fully rewritten.
27. Plaintiff is in the protected classes, i.e., female and pregnant.
28. Plaintiff was qualified for the work she did, and she did it successfully up to the time
she had to go on leave to give birth.
29. Plaintiff suffered adverse employment consequences, including without limitation,
discharge from employment.
30. Plaintiff was replaced by persons not in the protected classes and/or her work was taken
over by persons not in the protected classes; or, other similarly situated employees were treated
differently than Plaintiff.
31. Defendant’s reasons for terminating Plaintiffs employment are pretextual.
32. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages, plus for
loss of welfare benefits, plus for loss of pension and retirement benefits, plus for loss from
humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her
credit and reputation. Defendant's discriminatory practices against Plaintiff were done with reckless
disregard for Plaintiff's rights and/or intentionally and/or with willful and wanton disregard for the
rights of Plaintiff; therefore, Plaintiff is entitled to liquidated and/or punitive damages.
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COUNT II (Pregnancy Leave Discrimination Violations under Ohio law):
33. The facts and allegations contained paragraphs 1 through 32 hereof are incorporated
herein as if fully rewritten.
34. Defendant has violated Ohio Adm. Code 4112-5-05(G)(5) with respect to Plaintiff,
which law states, “ if the female meets the equally applied minimum length of service
requirements for leave time, she must be granted a reasonable leave on account of childbearing.
Conditions applicable to her leave (other than its length) and to her return to employment shall be
in accordance with the employer's leave policy.”
35. Further, Defendant has violated Ohio Adm. Code 4112-5-05(G)(6) with respect to
Plaintiff which law states, “if the employer has no leave policy, childbearing must be considered
by the employer to be a justification for leave of absence for a female employee for a
reasonable period of time. A “reasonable period of time” is no less than 3 months and may be as
long as Plaintiffs treating physician prescribes.
36. Due to Defendant’s promises to Plaintiff at the time when she accepted employment,
Defendant is estopped from denying Plaintiff leave for a reasonable period of time.
37. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages, plus for
loss of welfare benefits, plus for loss of pension and retirement benefits, plus for loss from
humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her
credit and reputation. Defendant's discriminatory practices against Plaintiff were done with reckless
disregard for Plaintiff's rights and/or intentionally and/or with willful and wanton disregard for the
rights of Plaintiff; therefore, Plaintiff is entitled to liquidated and/or punitive damages.
COUNT III (Federal and Ohio Equal Pay Act Violations):
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38. The facts and allegations contained paragraphs 1 through 37 hereof are incorporated
herein as if fully rewritten.
39. Under both the federal Equal Pay Act, 29 U.S.C. § 206(d)(1) (FLSA EPA), and Ohio
wage payment statutes, such as, Ohio Rev. Code § 4111.17(A), it is unlawful to pay female or
pregnant employees differently than other employees based upon their sex or pregnant conditions.
40. Defendant’s remuneration of Plaintiff was differential based upon her sex and pregnant
condition.
41. Under the EPA, a plaintiff need not establish that the employer acted with
discriminatory intent; rather, the EPA creates a type of strict liability.
42. Nevertheless, Defendant did intend to discriminate in remuneration against Plaintiff and
all similarly situated employees on the basis of sex and their pregnant conditions.
43. With respect to Plaintiff, and all similarly situated employees of Defendant, they have
suffered unlawful pay and remuneration discrimination.
44. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages.
Defendant's discriminatory remuneration practices against Plaintiff, and similarly situated
employees, were done with reckless disregard for their rights and/or intentionally and/or with
willful and wanton disregard for their rights; therefore, they are entitled to liquidated and/or
punitive damages.
COUNT IV (Interference With FMLA Rights):
45. The facts and allegations contained paragraphs 1 through 44 hereof are incorporated
herein as if fully re-written.
46. Itis permissible under the FMLA for employers to grant to employees greater rights
that provided for in the statutes.
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47. Pursuant to 29 U.S.C. § 2601(b)(1) & (2), the twin purposes of the FMLA are to
"balance the demands of the workplace with the needs of families" and "to entitle employees to
take reasonable leave for medical reasons."
48. Even though in this case, the Plaintiff may not have otherwise qualified for FMLA
pregnancy leave, the Defendant is estopped from denying FMLA pregnancy leave to Plaintiff
because it voluntarily gave her FMLA leave forms for her pregnancy leave, and the FMLA allows
employers to be more generous than the FMLA law requires.
49. Plaintiff gave written and/or verbal notice of her need for FMLA leave
50. Pursuant to C.F.R. 825.302, Defendant failed to timely or properly inquire further of
the Plaintiff to obtain more information.
51. Defendant engaged in adverse employment action against Plaintiff, including without
limitation, termination of Plaintiff's employment.
52. Asa direct result of the foregoing, Plaintiff has suffered damages, including without
limitation, the damages allowed by the FMLA, 29 U.S.C. 2617.
53. Defendants’ practices with respect to Plaintiff were done with reckless disregard for the
rights of Plaintiff, and Plaintiff is entitled to liquidated damages.
54. Plaintiff is entitled to attorney's fees and costs under the terms of the FMLA, 29 U.S.C
2617(a)(3).
COUNT V (Retaliation For Protected Activities):
55. The facts and allegations contained paragraphs 1 through 54 hereof are incorporated
herein as if fully re-written.
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56. Plaintiff was engaged in protected activities under the laws mentioned herein, including
without limitation, under Title VII of the Civil Rights Act, the Equal Pay Act, the Family Medical
Leave Act, and Ohio Rev. Code Chapter 4112
57. Plaintiff suffered adverse employment consequences, including without limitation,
discharge from employment.
58. There exists a causal link between Plaintiff's protected activities and the adverse
employment actions suffered by Plaintiff at the hands of Defendant and its agents.
59. Plaintiff reserves the right to name Defendant’s agents as individual Defendants should
the court determine that they had sufficient control over the workplace or were “employers” under
applicable law.
60. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages, plus for
loss of welfare benefits, plus for loss of pension and retirement benefits, plus for loss from
humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her
credit and reputation. Defendant's illegal retaliatory practices against Plaintiff were done with
reckless disregard for Plaintiff's rights and/or intentionally and/or with willful and wanton disregard
for the
COUNT VI (Breach Of Implied Contract):
61. Paragraphs 1 through 60 hereof are repeated and incorporated herein as though fully
rewritten.
62. Defendant, through its managers or agents, promised Plaintiff at least six weeks of
pregnancy leave, which promises Plaintiff relied upon in accepting employment with Defendant to
her detriment.
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63. Defendant breached its promise, and Defendant wrongfully denied Plaintiff reasonable
pregnancy leave and terminated Plaintiffs employment.
64. Plaintiff performed all conditions required to be performed by her.
65. By the actions of Defendant in involuntarily terminating Plaintiff, the terms of her
implied contract of employment with Defendant were breached
66. Asa direct result, Plaintiff has suffered damage for lost wages, plus for loss of benefits,
plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional
distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation.
COUNT VII (Promissory Estoppel Claim):
67. Paragraphs 1 through 66 hereof are repeated and incorporated herein as though fully
rewritten.
68. The representations and promises made to Plaintiff upon her interviewing for the
position of Leasing Agent, included that she would be provided with at least six (6) weeks of
pregnancy leave
69. Defendant should reasonably have expected Plaintiff to rely upon the promises.
70. In fact, Plaintiff did rely upon the promises and representations of Defendant by
accepting the position, ceasing to look for other work, and remain in Defendant’s employ until her
wrongful termination.
71. The promises and representations made to Plaintiff were such that Defendant is
estopped from claiming that it had any right to deny Plaintiff the pregnancy leave promised and/or
to terminate Plaintiff's employment as it did.
72. The denial of pregnancy leave and termination of Plaintiffs employment with
Defendant constitute breaches of the promises and representations made to the Plaintiff.
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73. Asa direct result, Plaintiff has suffered damage for lost wages, plus for loss of benefits,
plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional
distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation.
COUNT IX (Fraud):
74. Paragraphs | through 73 hereof are repeated and incorporated herein as though fully
rewritten.
75. The representations and promises made to Plaintiff by Defendant that Plaintiff would
receive at least six (6) weeks of pregnancy leave were false representations of material fact.
76. When the representations and promises of Defendant’s managers or agents were made
to Plaintiff they were known by them to be false and were made with the intent to deceive and
defraud the Plaintiff and to induce her to accept employment and remain employed
77. Plaintiff, at the time of such representations and promises, did not know the truth
regarding them but believed that the representations and promises were true and relied upon them
and was thereby induced to accept employment and remain employed by Defendant
78. Therefore, Defendant has defrauded the Plaintiff.
79. At times mentioned herein, Defendant has acted with maliciously and with reckless,
wanton and willful disregard for the rights of Plaintiff, and Plaintiff is accordingly entitled to
punitive damages.
80. Asa direct result, Plaintiff has suffered damage for lost wages, plus for loss of benefits,
plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional
distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation.
Further, Plaintiff is entitled to punitive damages.
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PRAYERS FOR RELIEF:
WHEREFORE, Plaintiff demands judgment against Defendant for actual damages, back-
pay from the time of adverse employment decision(s), loss of welfare benefits, retirement benefits,
and pension benefits, and reinstatement to the position held prior to the adverse employment
decision(s), and front pay from the date of judgment, and damage to future earnings capacity,
emotional and mental suffering, and damage to standing, credit, and reputation, in excess of
$50,000.00, plus interest thereon and costs hereof. Further, Plaintiff demands judgment against
Defendant as a result of Defendant's willful and/or malicious conduct for liquidated and/or punitive
damages in the maximum amount allowed by law. Further, Plaintiff prays that the Court award her
reasonable attorney fees and other costs, plus such further relief as the Court shall deem just and
equitable.
Respectfully submitted,
/s/ J. S. Streb
Joseph S. Streb 0021786
Trial Attorney for Plaintiff
736 Neil Avenue
Columbus, Ohio 43215
Phone: (614) 224-0200
Fax: (614) 224-0200
Email: Streblaw@sbeglobal net
JURY DEMAND
Plaintiff, by and through counsel, hereby requests that the within matter be heard by a jury
of the maximum number of persons allowed by law
/s/ J. S. Streb
Joseph S. Streb
12
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684
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EXHIBIT A
EXHIBIT A
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684
oGrt7 ¥23-
OHIO CIVIL RIGHTS COMMISSION Agency Use Only CHARGE NUMBER: (Agency Use Only)
CHARGE OF DISCRIMINATION CC] FEPA
EMPLOYMENT
exoc
Completely Fil in the Following
Kaylee Ferebee GoldOller Real Estate investments
‘Name of Charging Party (First Middle Last)
Name of Company
2097 Commons Road South 107 South 2nd Street, Suite 500
Address Address
Reynoldsburgh OH 43065 Franklin Philadelphia PA 191406
City State Zip Code County City State Zip Code County
814-975-4259 267-322-5600
Telephone Number Telephone Number
50+ 8/16/21
Date(s) of Discrimination Total Number of Employees Date of Hire
I believe I was discriminated against because of my: (Please identify)
QO Rave/Color [7] Retigion
Sex and pregnancy oO National Origin/Ancestry
(1) Disapitity Retaliation
[7] Mitinay stats
[7] Age (Over 40 years old only - List Date of Birth)
PLEASE NOTE: Under division {A} of section 4112,082 of the Cibio Revised Cede, you are prohibited
from bringing a civil actios under this ohapter uniess
ane of the following. :
@) The conditions statedin division (BX(1) of section 411.0 of the
52 Ohio Revised Code are satisfied;
&) An exception specified in division (BY2)
of tection £112,052 of the Ohi Revised Code upplies.
‘Type of Discrimination:
{CJ Demotion Discharge/Termination (2) Discipline
2] Failure to Hire [J Forced to Resign {] Harassment/Sexual Harassment
CO Layoff [J Promotion (C1 Reasonable Accommodation
(1) otter (Specify)
Please write a brief but detailed statement of the facts that you believe indicate an unlawful
discriminatory practice. Please write legibly.
See, “Exhibit
A,” attached hereto and incorporated herein as. though fully rewritten.
1 declare under penalty of perjury thst I have read the above charge and that it is true to Notary of Ohio Civil Rights Conunission Representative
the best of my knowledge, information and belief. | will advise the agency(ies) #1
change my address or telephone number and that ¥ will cooperate fully with them in the Subscribed and wom ag ne L_tayof tHE, Ze
processing of my chatge in accontance to their procedures.
Litebe
By Signnlgy
a A VUE
Noweryr Copleiigh kofecdacire T
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684
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Case Options and Intentions Questionnaire
Ohio law, under ORC 4112.052(A), prohibits individuals from bringing a civil action
(lawsuit) in
state court until they have filed a charge with the Ohio Civil Rights Commission (“OCRC
” or
“Commission’ ) and received a Notice of Right to Sue, with some exceptions!, However, if
Charging Parties wish to bring a civil action in state court as soon as possible, they can
request a
Notice of Right to Sue immediately. If Charging Parties request a Notice of Right to Sue at
the
time of filing a charge of discrimination, the Commission can issue that notice after the
expiration of 60 days from the date the charge was filed.
If the Charging Parties decide to bring a civil action in state court right away, during the
60-day waiting period, the Charging Parties can take advantage of the Commission’s free and
voluntary mediation program.
Charging Parties may decide to continue through the full OCRC investigation process
and then decide to file a civil action in state court after the Commission makes an initial
determination or otherwise dismisses the charge.
In order to process your charge effectively and efficiently, OCRC asks for Charging
Parties to voluntarily inform the Commission of their intentions at the time of filing their
charge(s). This information will not be shared with Respondents until all case records are made
public. Any intentions stated below are not binding until you request and receive a Notice of
Right to Sue, in writing. Please note that your case will not be impacted should your plans
change.
Please check one, if applicable:
C I plan to request a Notice of Right to Sue (you will still need to officially
request a Notice of Right to Sue in writing)
I plan to request mediation, and if mediation is unsuccessful, I plan to
request a Notice of Right to Sue
© I plan to request a full investigation conducted by OCRC, which may
include mediation
* Exceptions are: 1) the person has received a Notice of Right to Sue from the Equal Employment
Opportunity Commission (EEOC);
(2) The Commission fails to issue a Notice of Right to Sue within 45 days after one is requested and
following the 60-day hold period;
(3) The civil action is seeking only injunctive relief or
(4 The case has a Probable Cause finding and the Charging Party has withdrawn the case.
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Exhibit A
My name is Kaylee Ferebee, and the following supports my claim of sex and
‘egnancy discrimination against my former employer, GoldOtler Real Estate Investments
(“GoldOller’).
I worked at GoldOller in Columbus, Ohio as a Leasing Consultant from August 16,
2021 until my illegal termination on November 9, 2021 due to my pregnant condition and
impending time-off work to give birth. GoldOller knew that I was pregnant when I was hired,
and at no time did GoldOller reveal that its policy is to terminate pregnant employees instead
of allowing maternity leave.
T understand that discrimination due to pregnancy is prohibited by both the federal
Pregnancy Discrimination Act (PDA, 42 U.S. C. § 2000e(k)) and by Ohio state law. See,
MeConaughy v. Boswell Oil Co., 126 Ohio App.3d 820, 828 (1* Dist., Hamilton Co. 1998);
Cline v. Catholic Diocese of Toledo, 206 F.3d 651, 658 (6th Cir. 2000). The indirect
method
of proof is available for a plaintiff to sustain her claims by showing that "(1) she was
pregnant, (2) she was qualified for her job, (3) she was subjected to an adverse employment
decision, and (4) there is a nexus between her pregnancy and the adverse employment
decision." Cline at 658. In order to satisfy the fourth element, arelaxed standard is applied,
and temporal proximity of firing is enough. Lenzi v. Systemax, Ine., No. 18-979, 2019 U.S.
App. LEXIS 36218 (2d Cir., Dec. 6, 2019).
T also understand that under Ohio Adm. Code 41 12-5-05(G), I was protected from the
very type of discriminatory adverse employment actions taken against me:
({G) Pregnancy and childbirth.
(1) A written or unwritten employment policy or practice which excludes from. employment
applicants or employees because of pregnancy is a prima facie violation of the prohibitions against sex
discrimination contained in Chapter 4112. of the Revised Code.
(2) Where termination of employment of an employee who is temporarily disabled due to
pregnancy or a related medical condition is caused by an employment policy under which insufficient
or no maternity leave is available, such termination shall constitute unlawful sex discrimination.
G) Written and unwritten employment policies involving commencement and duration of
maternity leave shall be so construed as to provide for individual capacities and the medical status of
the woman involved.
(4) Employment policies involving accrual of seniority and all other benefits and privileges of
employment, including company-sponsored sickness and accident insurance plans, shall be applied to
disability due to pregnancy and childbirth on the same terms and conditions as they are applied to other
temporary leaves of absence of the same classification under such employment policies.
(5) Women shall not be penalized in their conditions of employment because they require
time away from work on account of childbearing. When, under the employer's leave policy the
female employee would qualify for leave, then childbearing must be considered by the employer to be a
Justification for leave of absence for female employees for a reasonable period of time. For example, if
the female meets the equally applied minimum length of service requirements for leave time, she must
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be granted a reasonable leave on account of childb
earing. Conditions applicable to her leave (other
than its length) and to her return to employment
shall be in accordance with the employer's leave policy.
(6) Notwithstanding paragraphs (G)(1) to (G)(5) of this
policy, childbearing must be considered by the employ
rule, ifthe employer has no leave
er to be a just tification for leave of absence for a
female employee for a reasonable period of time. Follo
wing
return within a reasonable time, such female employee shall childb irth, and upon signifying her intent to
be rei instated to her original position or
toa position of like status and pay, without loss of servic
e credits.
GoldO ller knew that I wanted to continue wor king until I had to
birth, and GoldOller knew that expected maternity leave (paid be off work to give
or unpaid) and that I wanted to
return to work. Without explanation or warning, as my
pregnancy due date approached,
GoldOller sent me the attached notice o: f termination. GoldO
ller has subsequently tried to
claim that I quit work, but this is utter pretext.
Thank you for your time and attention in this matter.
Sincerely,
Kaylee Ferebee
Trghe?
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EXHIBIT B
EXHIBIT B
Ei pilin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684
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OHIO CIVIL RIGHTS COMMISSION
Govemor Mike DeWine
Commissioners: Lori Barreras, Chair | J. Rita McNeil Danish | William Patmon, Ill | Madhu Singh | Charlie Winburn
Executive Director Angela Phelps-White
20, 2022 | **Mailed on Octob O,, 2022
Kaylee Ferebee GoldOller Real Estate Investments
2097 Commons Road South Attn: Rosemary Abreu, Director of Human
Reynoldsburg, OH 43065 Resources
107 South 2nd Street, Ste 500
Philadelphia, PA 19106
LETTER OF DETERMINATION
Kaylee Ferebee v. GoldOller Management Services, LLC dba GoldOller Real Estate Investments
COL71(49468)03072022: 22A-2022-01600
FINDINGS OF FACT:
Charging Party filed a charge of discrimination with the Ohio Civil Rights Commission alleging
Respondent engaged in an unlawful discriminatory practice. All jurisdictional requirements for filing a
charge have been met. Prior to the conclusion of the investigation, Charging Party requested to withdraw
the charge to request a Notice of Right to Sue from the Ohio Civil Rights Commission or Egnal
Employment Opportunity Commission.
DECISION:
The Ohio Civil Rights Commission has entered into its record a finding of WITHDRAWAL OF
CHARGE ~ REQUEST A NOTICE OF RIGHT TO SUE. The matter is CLOSED.
Please refer to the enclosed NOTICE OF RIGHT TO SUE for additional information on Charging
Party's suit rights.
NOTICE OF RIGHT TO PETITION FOR JUDICIAL REVIEW:
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Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684
0G147 Kaytee’ rel seunty Abie ler Management Services, LLC dba GoldOll
er Real Estate Investments
COL71(49468)03072022: 22A-2022-01600
Page 2
FOR THE COMMISSION,
George Shaw
Regional Director
ee: Representati AVEve for Charging Party: Representative for Respondent:
Joseph S. Streb Bonnie L. Kristan
Joseph 8. Streb Co. LPA Littler Mendelson, P.C.
736 Neil Ave. Key Tower
Columbus, OH 43215 127 Public Square, Suite 1600
streblaw@sbegtobal.net Cleveland, OH 44114-9612
bkristan@littler.com
Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684
0G147 - Y¥3
OMff0 CIVIL RIGHTS COMMISSION
QUAL EMPLOYMENT OPPORTUNITY COMMISSION
Request for Withdrawal of Charge of Discrimination
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{OCRC) and the Equel Employme
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Commissions are still prepared to proceed with your case if you
OCRC CASE NUMBER EEOC CASE NUMBER
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y9 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO CIVIL DIVISION KAYLEE FEREBEE 2097 Commons Road South Reynoldsburg, Ohio 43068 Plaintiff, VS. Case No GOLDOLLER REAL ESTATE Judge INVESTMENTS, LLC, aka, GoldOller Management Services, LLC c/o Statutory Agent Magistrate Corporate Service Company 3366 Riverside Drive, Suite 103 Columbus, Ohio 43221 and at c/o any officer or manager 107 S. 2" Street, Suite 500 Philadelphia, PA 19106 Defendant. COMPLAINT (Jury Demand Endorsed Hereon) JURISDICTION AND VENUE 1 Jurisdiction of this Court is invoked pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000(e) et seq., as amended; 42 U.S.C. §1983 and the United States Constitution, Fourteenth Amendment; FLSA Equal Pay Act, 29 U.S.C. § 206(d)(1); 29 U.S.C. § 2601 ef seq., the Family Medical Leave Act, as amended (FMLA) and C.F.R. 825.100 e¢ seq., as amended and under 29 U.S.C. § 2617 (FMLA private right of action); and, Ohio Rev. Code 4112.02 et seq. regarding sex, pregnancy, and retaliation, as well as Ohio common law claims. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 2. Venue is proper before this Court as the unlawful employment practices and discrimination alleged below were and are being committed within the County of Franklin, State of Ohio 2 3 Plaintiff has fulfilled any and all administrative filing requirements by filing a Charge with the Ohio Civil Rights Commission (OCRC), Charge No. COL 71(49468)03072022, and with the Equal Employment Opportunity Commission (EEOC), Charge No. 22A-2022-01600, a true copy of which is attached hereto as "Exhibit A" and incorporated herein. Plaintiff has obtained or will obtain a right-to-sue letter with respect to the aforementioned charge, a true copy of which is attached hereto as "Exhibit B." PARTIES: 4. Plaintiff, Kaylee Ferebee, is an individual female and citizen of the United States and State of Ohio, residing at 2097 Commons Road South, City of Reynoldsburg, County of Franklin, State of Ohio 43068. 5. Defendant, Goldoller Real Estate Investments, LLC, aka, GoldOller Management Services, LLC, is a limited liability company, with its principal business located at 107 S. 2™ Street, Suite 500, City of Philadelphia, County of Philadelphia, Commonwealth of Pennsylvania 19106. PRELIMINARY FACTS: 6. Paragraphs 1 through 5 hereof are repeated and incorporated herein as though fully rewritten. 7. Plaintiff interviewed for a Leasing Agent position with Defendant GoldOller on or about August 4, 2021. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 8. At the time of Plaintiff’s interview, Defendant was relatively new to Ohio, and Defendant had multiple job openings which it needed to fill as soon as possible 9. Defendant needed to fill Leasing Agent positions in order to avoid revenue shortfalls. 10. At Plaintiffs interview, the persons present were Plaintiff, Community Manager, Jessica Dekker, and Assistant Manager, Deondria Grandes. 11. Claimant was to be paid $16.00 per hour. 12. It was not discussed that the position required on-site attendance. 13. At the time of the interview, Plaintiff disclosed her pregnant condition 14. It was represented to Plaintiff by Defendants’ managers, that Plaintiff would receive at least six (6) weeks of pregnancy leave, and Plaintiff relied upon the representation in determining to accept employment and cease looking for other employment. 15. Defendant hired Plaintiff for the Leasing Agent Position at its Albany Landings Apartment Community. 16. Plaintiff satisfactorily performed her job duties at Albany Landings. 17. As the Plaintiff approached her pregnancy due date of November 13, 2021, Plaintiff informed her Community Manager that she would need the maternity leave promised, and she was provided with FMLA leave forms. 18. Shortly thereafter Plaintiff was contacted by Defendant’s Human Resources Manager, Ms. Rosemary Abreu, who stated in an e-mail to Plaintiff of November 4, 2022 Hi Kaylee, At this site, we are not able to accommodate a non-fmla leave of absence that is more than 14 days since it would pose an undue hardship on the property. I am sorry if that was not communicated to you properly. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 If you choose to leave, and when you are ready to return to the workforce, please visit our career center, you can apply for any position that is available. 19. By this communication, Ms. Abreu reverses course on FMLA leave, but fails to interact, and defaults on the express representation made to Plaintiff. 20. The proper reasonable accommodation is provided by Ohio Adm. Code 4112-5-05(G) which states in pertinent part: * * * For example, if the female meets the equally applied minimum length of service requirements for leave time, she must be granted a reasonable leave on account of childbearing. O.A.C. 4112-5-05(G)(5). 21. This administrative code section appears to incorporate the Ohio Supreme Court’s decision in McFee v. Nursing Care Mgt. of America, Inc., 126 Ohio St.3d 183, 2010-Ohio-2744, 931 N.E.2d 1069, where the employee was terminated for going on maternity leave prior to fulfilling the employer’s requirement for employees to work for one year prior to taking any leave at all. The Ohio Supreme Court found this employer policy to be neutral and not evidence of pregnancy discrimination, stating, “Ohio Adm. Code 4112-5-05 does not prohibit uniformly applied minimum-length-of-service requirements.” 22. However, the instant case is different than M/cFee because in this case an affirmative representation was made to the Plaintiff that she would have at least 6 weeks of maternity leave. 23. The representation made to Plaintiff turned-out to have been misrepresentation, and fraudulent. 24. Further, by making the representation to Plaintiff that she would receive at least six weeks of pregnancy leave, Defendant waived any contrary requirement that may have appeared in its internal policies. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 25. In addition, by providing Plaintiff with FMLA leave forms when Plaintiff gave notice of her need for pregnancy leave, even though Plaintiff may not then have qualified for FMLA leave, Defendant was estopped from denying Plaintiff the leave she would have had under the FMLA. CAUSES OF ACTION: COUNT I (Sex & pregnancy discrimination; wrongful termination): 26. The facts and allegations contained paragraphs 1 through 25 hereof are incorporated herein as if fully rewritten. 27. Plaintiff is in the protected classes, i.e., female and pregnant. 28. Plaintiff was qualified for the work she did, and she did it successfully up to the time she had to go on leave to give birth. 29. Plaintiff suffered adverse employment consequences, including without limitation, discharge from employment. 30. Plaintiff was replaced by persons not in the protected classes and/or her work was taken over by persons not in the protected classes; or, other similarly situated employees were treated differently than Plaintiff. 31. Defendant’s reasons for terminating Plaintiffs employment are pretextual. 32. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages, plus for loss of welfare benefits, plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation. Defendant's discriminatory practices against Plaintiff were done with reckless disregard for Plaintiff's rights and/or intentionally and/or with willful and wanton disregard for the rights of Plaintiff; therefore, Plaintiff is entitled to liquidated and/or punitive damages. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 COUNT II (Pregnancy Leave Discrimination Violations under Ohio law): 33. The facts and allegations contained paragraphs 1 through 32 hereof are incorporated herein as if fully rewritten. 34. Defendant has violated Ohio Adm. Code 4112-5-05(G)(5) with respect to Plaintiff, which law states, “ if the female meets the equally applied minimum length of service requirements for leave time, she must be granted a reasonable leave on account of childbearing. Conditions applicable to her leave (other than its length) and to her return to employment shall be in accordance with the employer's leave policy.” 35. Further, Defendant has violated Ohio Adm. Code 4112-5-05(G)(6) with respect to Plaintiff which law states, “if the employer has no leave policy, childbearing must be considered by the employer to be a justification for leave of absence for a female employee for a reasonable period of time. A “reasonable period of time” is no less than 3 months and may be as long as Plaintiffs treating physician prescribes. 36. Due to Defendant’s promises to Plaintiff at the time when she accepted employment, Defendant is estopped from denying Plaintiff leave for a reasonable period of time. 37. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages, plus for loss of welfare benefits, plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation. Defendant's discriminatory practices against Plaintiff were done with reckless disregard for Plaintiff's rights and/or intentionally and/or with willful and wanton disregard for the rights of Plaintiff; therefore, Plaintiff is entitled to liquidated and/or punitive damages. COUNT III (Federal and Ohio Equal Pay Act Violations): Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 38. The facts and allegations contained paragraphs 1 through 37 hereof are incorporated herein as if fully rewritten. 39. Under both the federal Equal Pay Act, 29 U.S.C. § 206(d)(1) (FLSA EPA), and Ohio wage payment statutes, such as, Ohio Rev. Code § 4111.17(A), it is unlawful to pay female or pregnant employees differently than other employees based upon their sex or pregnant conditions. 40. Defendant’s remuneration of Plaintiff was differential based upon her sex and pregnant condition. 41. Under the EPA, a plaintiff need not establish that the employer acted with discriminatory intent; rather, the EPA creates a type of strict liability. 42. Nevertheless, Defendant did intend to discriminate in remuneration against Plaintiff and all similarly situated employees on the basis of sex and their pregnant conditions. 43. With respect to Plaintiff, and all similarly situated employees of Defendant, they have suffered unlawful pay and remuneration discrimination. 44. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages. Defendant's discriminatory remuneration practices against Plaintiff, and similarly situated employees, were done with reckless disregard for their rights and/or intentionally and/or with willful and wanton disregard for their rights; therefore, they are entitled to liquidated and/or punitive damages. COUNT IV (Interference With FMLA Rights): 45. The facts and allegations contained paragraphs 1 through 44 hereof are incorporated herein as if fully re-written. 46. Itis permissible under the FMLA for employers to grant to employees greater rights that provided for in the statutes. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 47. Pursuant to 29 U.S.C. § 2601(b)(1) & (2), the twin purposes of the FMLA are to "balance the demands of the workplace with the needs of families" and "to entitle employees to take reasonable leave for medical reasons." 48. Even though in this case, the Plaintiff may not have otherwise qualified for FMLA pregnancy leave, the Defendant is estopped from denying FMLA pregnancy leave to Plaintiff because it voluntarily gave her FMLA leave forms for her pregnancy leave, and the FMLA allows employers to be more generous than the FMLA law requires. 49. Plaintiff gave written and/or verbal notice of her need for FMLA leave 50. Pursuant to C.F.R. 825.302, Defendant failed to timely or properly inquire further of the Plaintiff to obtain more information. 51. Defendant engaged in adverse employment action against Plaintiff, including without limitation, termination of Plaintiff's employment. 52. Asa direct result of the foregoing, Plaintiff has suffered damages, including without limitation, the damages allowed by the FMLA, 29 U.S.C. 2617. 53. Defendants’ practices with respect to Plaintiff were done with reckless disregard for the rights of Plaintiff, and Plaintiff is entitled to liquidated damages. 54. Plaintiff is entitled to attorney's fees and costs under the terms of the FMLA, 29 U.S.C 2617(a)(3). COUNT V (Retaliation For Protected Activities): 55. The facts and allegations contained paragraphs 1 through 54 hereof are incorporated herein as if fully re-written. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 56. Plaintiff was engaged in protected activities under the laws mentioned herein, including without limitation, under Title VII of the Civil Rights Act, the Equal Pay Act, the Family Medical Leave Act, and Ohio Rev. Code Chapter 4112 57. Plaintiff suffered adverse employment consequences, including without limitation, discharge from employment. 58. There exists a causal link between Plaintiff's protected activities and the adverse employment actions suffered by Plaintiff at the hands of Defendant and its agents. 59. Plaintiff reserves the right to name Defendant’s agents as individual Defendants should the court determine that they had sufficient control over the workplace or were “employers” under applicable law. 60. Asa direct result of the foregoing, Plaintiff has suffered damage for lost wages, plus for loss of welfare benefits, plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation. Defendant's illegal retaliatory practices against Plaintiff were done with reckless disregard for Plaintiff's rights and/or intentionally and/or with willful and wanton disregard for the COUNT VI (Breach Of Implied Contract): 61. Paragraphs 1 through 60 hereof are repeated and incorporated herein as though fully rewritten. 62. Defendant, through its managers or agents, promised Plaintiff at least six weeks of pregnancy leave, which promises Plaintiff relied upon in accepting employment with Defendant to her detriment. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 63. Defendant breached its promise, and Defendant wrongfully denied Plaintiff reasonable pregnancy leave and terminated Plaintiffs employment. 64. Plaintiff performed all conditions required to be performed by her. 65. By the actions of Defendant in involuntarily terminating Plaintiff, the terms of her implied contract of employment with Defendant were breached 66. Asa direct result, Plaintiff has suffered damage for lost wages, plus for loss of benefits, plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation. COUNT VII (Promissory Estoppel Claim): 67. Paragraphs 1 through 66 hereof are repeated and incorporated herein as though fully rewritten. 68. The representations and promises made to Plaintiff upon her interviewing for the position of Leasing Agent, included that she would be provided with at least six (6) weeks of pregnancy leave 69. Defendant should reasonably have expected Plaintiff to rely upon the promises. 70. In fact, Plaintiff did rely upon the promises and representations of Defendant by accepting the position, ceasing to look for other work, and remain in Defendant’s employ until her wrongful termination. 71. The promises and representations made to Plaintiff were such that Defendant is estopped from claiming that it had any right to deny Plaintiff the pregnancy leave promised and/or to terminate Plaintiff's employment as it did. 72. The denial of pregnancy leave and termination of Plaintiffs employment with Defendant constitute breaches of the promises and representations made to the Plaintiff. 10 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y1 73. Asa direct result, Plaintiff has suffered damage for lost wages, plus for loss of benefits, plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation. COUNT IX (Fraud): 74. Paragraphs | through 73 hereof are repeated and incorporated herein as though fully rewritten. 75. The representations and promises made to Plaintiff by Defendant that Plaintiff would receive at least six (6) weeks of pregnancy leave were false representations of material fact. 76. When the representations and promises of Defendant’s managers or agents were made to Plaintiff they were known by them to be false and were made with the intent to deceive and defraud the Plaintiff and to induce her to accept employment and remain employed 77. Plaintiff, at the time of such representations and promises, did not know the truth regarding them but believed that the representations and promises were true and relied upon them and was thereby induced to accept employment and remain employed by Defendant 78. Therefore, Defendant has defrauded the Plaintiff. 79. At times mentioned herein, Defendant has acted with maliciously and with reckless, wanton and willful disregard for the rights of Plaintiff, and Plaintiff is accordingly entitled to punitive damages. 80. Asa direct result, Plaintiff has suffered damage for lost wages, plus for loss of benefits, plus for loss of pension and retirement benefits, plus for loss from humiliation and emotional distress, plus for loss of future earnings capacity, plus for damage to her credit and reputation. Further, Plaintiff is entitled to punitive damages. 11 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y2 PRAYERS FOR RELIEF: WHEREFORE, Plaintiff demands judgment against Defendant for actual damages, back- pay from the time of adverse employment decision(s), loss of welfare benefits, retirement benefits, and pension benefits, and reinstatement to the position held prior to the adverse employment decision(s), and front pay from the date of judgment, and damage to future earnings capacity, emotional and mental suffering, and damage to standing, credit, and reputation, in excess of $50,000.00, plus interest thereon and costs hereof. Further, Plaintiff demands judgment against Defendant as a result of Defendant's willful and/or malicious conduct for liquidated and/or punitive damages in the maximum amount allowed by law. Further, Plaintiff prays that the Court award her reasonable attorney fees and other costs, plus such further relief as the Court shall deem just and equitable. Respectfully submitted, /s/ J. S. Streb Joseph S. Streb 0021786 Trial Attorney for Plaintiff 736 Neil Avenue Columbus, Ohio 43215 Phone: (614) 224-0200 Fax: (614) 224-0200 Email: Streblaw@sbeglobal net JURY DEMAND Plaintiff, by and through counsel, hereby requests that the within matter be heard by a jury of the maximum number of persons allowed by law /s/ J. S. Streb Joseph S. Streb 12 Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 eo 0G147 - yal } | * % ¥ states and deposes that she Plaintiff, Kaylee Perches, being first duly cautioned and awom, and allegations therein contained are known te hag sual the longolng complaint and that the facts her ta be true to the best of her knowledge and that she is duly authorized to execute this verification. of ges A XA Kaylee F STATE OF OHH? SS: COUNTY OF FRANKLIN yay rhis day of Sworn te befhbre me and subscribed in my prossnes Oe é Jobe » 222, tary Publis aw WAZ A secary Petals ats oF ORE CREAR S ty Commntanon Eero LETTRIT ae gy . SS FAN SEI Ep F'n 9 bBo Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y2 EXHIBIT A EXHIBIT A Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 oGrt7 ¥23- OHIO CIVIL RIGHTS COMMISSION Agency Use Only CHARGE NUMBER: (Agency Use Only) CHARGE OF DISCRIMINATION CC] FEPA EMPLOYMENT exoc Completely Fil in the Following Kaylee Ferebee GoldOller Real Estate investments ‘Name of Charging Party (First Middle Last) Name of Company 2097 Commons Road South 107 South 2nd Street, Suite 500 Address Address Reynoldsburgh OH 43065 Franklin Philadelphia PA 191406 City State Zip Code County City State Zip Code County 814-975-4259 267-322-5600 Telephone Number Telephone Number 50+ 8/16/21 Date(s) of Discrimination Total Number of Employees Date of Hire I believe I was discriminated against because of my: (Please identify) QO Rave/Color [7] Retigion Sex and pregnancy oO National Origin/Ancestry (1) Disapitity Retaliation [7] Mitinay stats [7] Age (Over 40 years old only - List Date of Birth) PLEASE NOTE: Under division {A} of section 4112,082 of the Cibio Revised Cede, you are prohibited from bringing a civil actios under this ohapter uniess ane of the following. : @) The conditions statedin division (BX(1) of section 411.0 of the 52 Ohio Revised Code are satisfied; &) An exception specified in division (BY2) of tection £112,052 of the Ohi Revised Code upplies. ‘Type of Discrimination: {CJ Demotion Discharge/Termination (2) Discipline 2] Failure to Hire [J Forced to Resign {] Harassment/Sexual Harassment CO Layoff [J Promotion (C1 Reasonable Accommodation (1) otter (Specify) Please write a brief but detailed statement of the facts that you believe indicate an unlawful discriminatory practice. Please write legibly. See, “Exhibit A,” attached hereto and incorporated herein as. though fully rewritten. 1 declare under penalty of perjury thst I have read the above charge and that it is true to Notary of Ohio Civil Rights Conunission Representative the best of my knowledge, information and belief. | will advise the agency(ies) #1 change my address or telephone number and that ¥ will cooperate fully with them in the Subscribed and wom ag ne L_tayof tHE, Ze processing of my chatge in accontance to their procedures. Litebe By Signnlgy a A VUE Noweryr Copleiigh kofecdacire T Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y2 Case Options and Intentions Questionnaire Ohio law, under ORC 4112.052(A), prohibits individuals from bringing a civil action (lawsuit) in state court until they have filed a charge with the Ohio Civil Rights Commission (“OCRC ” or “Commission’ ) and received a Notice of Right to Sue, with some exceptions!, However, if Charging Parties wish to bring a civil action in state court as soon as possible, they can request a Notice of Right to Sue immediately. If Charging Parties request a Notice of Right to Sue at the time of filing a charge of discrimination, the Commission can issue that notice after the expiration of 60 days from the date the charge was filed. If the Charging Parties decide to bring a civil action in state court right away, during the 60-day waiting period, the Charging Parties can take advantage of the Commission’s free and voluntary mediation program. Charging Parties may decide to continue through the full OCRC investigation process and then decide to file a civil action in state court after the Commission makes an initial determination or otherwise dismisses the charge. In order to process your charge effectively and efficiently, OCRC asks for Charging Parties to voluntarily inform the Commission of their intentions at the time of filing their charge(s). This information will not be shared with Respondents until all case records are made public. Any intentions stated below are not binding until you request and receive a Notice of Right to Sue, in writing. Please note that your case will not be impacted should your plans change. Please check one, if applicable: C I plan to request a Notice of Right to Sue (you will still need to officially request a Notice of Right to Sue in writing) I plan to request mediation, and if mediation is unsuccessful, I plan to request a Notice of Right to Sue © I plan to request a full investigation conducted by OCRC, which may include mediation * Exceptions are: 1) the person has received a Notice of Right to Sue from the Equal Employment Opportunity Commission (EEOC); (2) The Commission fails to issue a Notice of Right to Sue within 45 days after one is requested and following the 60-day hold period; (3) The civil action is seeking only injunctive relief or (4 The case has a Probable Cause finding and the Charging Party has withdrawn the case. Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y2 Exhibit A My name is Kaylee Ferebee, and the following supports my claim of sex and ‘egnancy discrimination against my former employer, GoldOtler Real Estate Investments (“GoldOller’). I worked at GoldOller in Columbus, Ohio as a Leasing Consultant from August 16, 2021 until my illegal termination on November 9, 2021 due to my pregnant condition and impending time-off work to give birth. GoldOller knew that I was pregnant when I was hired, and at no time did GoldOller reveal that its policy is to terminate pregnant employees instead of allowing maternity leave. T understand that discrimination due to pregnancy is prohibited by both the federal Pregnancy Discrimination Act (PDA, 42 U.S. C. § 2000e(k)) and by Ohio state law. See, MeConaughy v. Boswell Oil Co., 126 Ohio App.3d 820, 828 (1* Dist., Hamilton Co. 1998); Cline v. Catholic Diocese of Toledo, 206 F.3d 651, 658 (6th Cir. 2000). The indirect method of proof is available for a plaintiff to sustain her claims by showing that "(1) she was pregnant, (2) she was qualified for her job, (3) she was subjected to an adverse employment decision, and (4) there is a nexus between her pregnancy and the adverse employment decision." Cline at 658. In order to satisfy the fourth element, arelaxed standard is applied, and temporal proximity of firing is enough. Lenzi v. Systemax, Ine., No. 18-979, 2019 U.S. App. LEXIS 36218 (2d Cir., Dec. 6, 2019). T also understand that under Ohio Adm. Code 41 12-5-05(G), I was protected from the very type of discriminatory adverse employment actions taken against me: ({G) Pregnancy and childbirth. (1) A written or unwritten employment policy or practice which excludes from. employment applicants or employees because of pregnancy is a prima facie violation of the prohibitions against sex discrimination contained in Chapter 4112. of the Revised Code. (2) Where termination of employment of an employee who is temporarily disabled due to pregnancy or a related medical condition is caused by an employment policy under which insufficient or no maternity leave is available, such termination shall constitute unlawful sex discrimination. G) Written and unwritten employment policies involving commencement and duration of maternity leave shall be so construed as to provide for individual capacities and the medical status of the woman involved. (4) Employment policies involving accrual of seniority and all other benefits and privileges of employment, including company-sponsored sickness and accident insurance plans, shall be applied to disability due to pregnancy and childbirth on the same terms and conditions as they are applied to other temporary leaves of absence of the same classification under such employment policies. (5) Women shall not be penalized in their conditions of employment because they require time away from work on account of childbearing. When, under the employer's leave policy the female employee would qualify for leave, then childbearing must be considered by the employer to be a Justification for leave of absence for female employees for a reasonable period of time. For example, if the female meets the equally applied minimum length of service requirements for leave time, she must Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y2 be granted a reasonable leave on account of childb earing. Conditions applicable to her leave (other than its length) and to her return to employment shall be in accordance with the employer's leave policy. (6) Notwithstanding paragraphs (G)(1) to (G)(5) of this policy, childbearing must be considered by the employ rule, ifthe employer has no leave er to be a just tification for leave of absence for a female employee for a reasonable period of time. Follo wing return within a reasonable time, such female employee shall childb irth, and upon signifying her intent to be rei instated to her original position or toa position of like status and pay, without loss of servic e credits. GoldO ller knew that I wanted to continue wor king until I had to birth, and GoldOller knew that expected maternity leave (paid be off work to give or unpaid) and that I wanted to return to work. Without explanation or warning, as my pregnancy due date approached, GoldOller sent me the attached notice o: f termination. GoldO ller has subsequently tried to claim that I quit work, but this is utter pretext. Thank you for your time and attention in this matter. Sincerely, Kaylee Ferebee Trghe? Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y2 EXHIBIT B EXHIBIT B Ei pilin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - OHIO CIVIL RIGHTS COMMISSION Govemor Mike DeWine Commissioners: Lori Barreras, Chair | J. Rita McNeil Danish | William Patmon, Ill | Madhu Singh | Charlie Winburn Executive Director Angela Phelps-White 20, 2022 | **Mailed on Octob O,, 2022 Kaylee Ferebee GoldOller Real Estate Investments 2097 Commons Road South Attn: Rosemary Abreu, Director of Human Reynoldsburg, OH 43065 Resources 107 South 2nd Street, Ste 500 Philadelphia, PA 19106 LETTER OF DETERMINATION Kaylee Ferebee v. GoldOller Management Services, LLC dba GoldOller Real Estate Investments COL71(49468)03072022: 22A-2022-01600 FINDINGS OF FACT: Charging Party filed a charge of discrimination with the Ohio Civil Rights Commission alleging Respondent engaged in an unlawful discriminatory practice. All jurisdictional requirements for filing a charge have been met. Prior to the conclusion of the investigation, Charging Party requested to withdraw the charge to request a Notice of Right to Sue from the Ohio Civil Rights Commission or Egnal Employment Opportunity Commission. DECISION: The Ohio Civil Rights Commission has entered into its record a finding of WITHDRAWAL OF CHARGE ~ REQUEST A NOTICE OF RIGHT TO SUE. The matter is CLOSED. Please refer to the enclosed NOTICE OF RIGHT TO SUE for additional information on Charging Party's suit rights. NOTICE OF RIGHT TO PETITION FOR JUDICIAL REVIEW: A determination of the Commission that constitutes a Final Order is subject to judicial review, wherein the court reviews the contents of this letter and determines if there are sufficient factual findings supporting why the Commission did not issue a complaint. A petition for judicial review must be filed in the proper common pleas court within THIRTY (30) days of the date the Commission mailed this Final Order. The right to obtain judicial review and the mode and procedure thereof is set forth in Ohio Revised Code § 4112.06. The judicial review process is not a means to reexamine the investigation or further pursue your allegations through the Commission. You may consult with an attorney for information on available options. A Probable Canse finding is not a Final Order and is not subject to judicial review by a court. All other determinations of the Commission constitute a Final Order and are subject to judicial review by a court. COLUMBUS REGIONAL OFFICE | Rhodes Staie Office Tower 30 E. Broad St., 4» Floor Columbus, OH 43215 PHONE: 614-466-5928 | TOLL FREE: 1-888-278-7101 | TTY: 614-752-2391 | FAX: 614-466-6250 worw.cre.ohio. gov Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 Kaytee’ rel seunty Abie ler Management Services, LLC dba GoldOll er Real Estate Investments COL71(49468)03072022: 22A-2022-01600 Page 2 FOR THE COMMISSION, George Shaw Regional Director ee: Representati AVEve for Charging Party: Representative for Respondent: Joseph S. Streb Bonnie L. Kristan Joseph 8. Streb Co. LPA Littler Mendelson, P.C. 736 Neil Ave. Key Tower Columbus, OH 43215 127 Public Square, Suite 1600 streblaw@sbegtobal.net Cleveland, OH 44114-9612 bkristan@littler.com Franklin County Ohio Clerk of Courts of the Common Pleas- 2022 Nov 03 11:08 AM-22CV007684 0G147 - Y¥3 OMff0 CIVIL RIGHTS COMMISSION QUAL EMPLOYMENT OPPORTUNITY COMMISSION Request for Withdrawal of Charge of Discrimination You have withdrawal of your dual filed charge from the Odo Civil Rights Commission nt Commission In order to indtinge: such | ; {OCRC) and the Equel Employme ‘Slace s request for withdrawal ie subject to approval by both plonse furnish the information tefow. . Ple that both notease Commissions, your request willbe considered and acted upon dowhendesirreceived e. Commissions are still prepared to proceed with your case if you OCRC CASE NUMBER EEOC CASE NUMBER