Preview
6/19/2019 5:41 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 34517781
2019-42312 / Court: 234 By: Hilda Yam
Filed: 6/19/2019 5:41 PM
C. A. No.
GAUTAM NAYER, In The
Plaintiff, District Court
v
Harris County, Texas
TEXAS SOUTHERN UNIVERSITY
Defendant ___" Judicial District
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT
1 INTRODUCTION
1.1 Plaintiff demands a JURY TRIAL in this employment discrimination case under the
Texas Commission on Human Rights Act (Hereafter, the “ACT”) as to any and all issues
triable to a jury. Plaintiff alleges Defendant TEXAS SOUTHERN UNIVERSITY
violated the Act when Defendant TEXAS SOUTHERN UNIVERSITY took adverse
personnel actions against Plaintiff.
1.2 COMES NOW, GAUTAM NAYER, (hereinafter referred to as “Plaintiff’) complaining
of and against TEXAS SOUTHERN UNIVERSITY (hereinafter referred to as
“Defendant”), and for cause of action respectfully shows the court the following:
2. PARTIES
2.1 Plaintiff is an individual residing in Houston, Harris County, Texas.
2.2 Defendant TEXAS SOUTHERN UNIVERSITY is a government entity and employs
more than 15 regular employees. Defendant TEXAS SOUTHERN UNIVERSITY can be
served by serving the Dr. Austin A. Lane at 3100 Cleburne St, Houston, TX 77004.
{a
PLAINTIFF’S ORIGINAL PETITION
3. VENUE
3.1 Venue of this proceeding is proper in Harris County, Texas pursuant to Texas Civil
Practice & Remedies Code § 15.002 because Harris County is the county in which all or
part of the cause of action accrued and the county where Defendant maintains a
residence, an agency or representative.
4. FACTS
4.1 Plaintiff is a tenured professor at Texas Southern University (Defendant) where he began
working in 2009. Along with his tenure he received promotion in 2016. Defendant is a
historically black university; Plaintiff is of Indian national origin. Plaintiff is not African
American.
4.2 In October 2016 Defendant made Plaintiff Interim Chair of his department. This position
carried significant additional compensation.
43 Plaintiff's predecessor as Interim Department Chair was Dr. Baker until Defendant
removed him. Dr. Baker constantly harassed, bullied and tried to intimidate Plaintiff in
his interim chair position (as did his former Graduate Program Director, Dr. Henderson).
44 Plaintiff followed every protocol, chain of command and reporting method available to
him in order to get the abusive, harassing and discriminatory behavior to stop. Plaintiff
filed seven (7) human resource complaints to no avail
45 Defendant, to include Dr. Baker, set Plaintiff up for two votes of no confidence forcing
him to resign. Plaintiff lost significant compensation with this forced resignation
4.6 The same four African American faculty members voted against Plaintiff as Graduate
Program Director forcing him to resign although they knew the Interim Department chair
supported him. Immediately after Plaintiff's resignation was announced as Graduate
\2
PLAINTIFF’S ORIGINAL PETITION
Program Director many students and at least one faculty member contacted him via email
to inform him they were sorry to see him leave that position. It is important to note that
this department has had 7 chairs in 11 years.
47 Dr. Baker and Dr. Henderson have accused Plaintiff in an email of calling Defendant
TSU’s students’ “black monkeys.” A former TSU professor and Plaintiff's dissertation
chair accused him that he called students black monkeys and stupid ass bitches. This
former professor, Dr. Byron Price, told Plaintiff this in an email. This is a blatant lie —
Plaintiff has never used this sort of language regarding students. This is another
discriminatory and retaliatory attack on Plaintiff.
48 Plaintiff contacted his Dean, the President, the Provost and his chair to provide leadership
about these bald-faced lies and attacks on him:
49 Plaintiff was asked to volunteer on the graduate admissions committee by the Interim
department chair and the chair of the committee. Three African American professors
Onwudiwe, Baker and Henderson were against him on that committee. Dr. Onwudiwe
has written that Plaintiff is “boorish in an Indian primeval manner.” He has also called
Plaintiff “you people” an obvious racial epithet in an email with 11 other faculty
members present on the email
4.10 On September 11, 2018, Defendant asked Dr. Baker to be AJ Interim Chair with only 4
supporting votes, 4 votes abstaining and 1 vote for the previous interim chair. (This
interim chair was removed after 6 months)
4.11 Defendant treated Plaintiff less favorably than his comparators who are not Indian and
are of African American race. Defendant has replaced Plaintiff in his positions with
someone of African American race who is not Indian
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PLAINTIFF’S ORIGINAL PETITION
4.12 Defendant has retaliated against him for opposing the discrimination against him.
4.13 Defendant has caused him stress, anxiety and mental anguish and has forced his
compensation to be reduced
4.14 Plaintiff filed a Charge of Discrimination on September 25, 2018.
4.15 Defendant has continued the discrimination and retaliation against Plaintiff.
4.16 Defendant discriminated and retaliated against Plaintiff based on national origin, (Indian),
Race (non-African American) and for opposing discrimination against him and engaged
in protected activity and put him in a hostile environment based on these protected
classes. This discrimination, retaliation and hostile environment is in violation of and the
Texas Commission of Human Rights Act as amended.
5. TIMELINESS
5.1 Plaintiff filed Plaintiff's lawsuit within two years of the date Plaintiff filed Plaintiff's
Charge of Discrimination.
6. ADMINISTRATIVE CONDITIONS PRECEDENT
6.1 Plaintiff has completed all administrative conditions precedent since Plaintiff filed
Plaintiff's charge of discrimination within 180 days of the date Plaintiff learned of the
adverse employment action.
6.2 Jurisdiction is also appropriate since this action was filed on or before two years from the
date Plaintiff filed Plaintiff's complaint with the Texas Commission on Human Rights.
7. NO FEDERAL CLAIMS
7A Plaintiff does not assert any federal claims in this proceeding. Additionally, Plaintiff is in
no way seeking damages or remedies that may stem from a federal cause of action
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PLAINTIFF’S ORIGINAL PETITION
8. DAMAGES
8.1 As a direct and proximate result of the aforementioned arbitrary and capricious acts, the
Plaintiff has suffered grievous harm, including, but not limited to, substantial loss of
income; humiliation and embarrassment among co-workers and others; sustained damage
to Plaintiff's credibility and sustained damage to Plaintiff's prospects for future
employment.
9. ATTORNEY’S FEES
91 Defendants’ action and conduct as described herein and the resulting damage and loss to
Plaintiff has necessitated Plaintiff retaining the services of ROSENBERG &
SPROVACH, 3518 Travis, Suite 200, Houston, Texas 77002 in initiating this proceeding
Plaintiff seeks recovery of reasonable and necessary attorney’s fees.
10. JURY DEMAND
10.1 Plaintiff hereby makes Plaintiff's request for a jury trial in this cause pursuant to Rule
216 of the Texas Rules of Civil Procedure and deposits with the District Clerk of Harris
County, Texas the jury fee of forty ($40.00) dollars.
11. PRAYER
11.1 WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant
be cited to appear and answer, and that on final hearing of this cause Plaintiff have the
following relief:
4.1 Judgment against Defendant, for actual damages sustained by Plaintiff as
alleged herein;
4.2 Judgment against Defendant, for backpay lost by Plaintiff as alleged
herein;
[5
PLAINTIFF’S ORIGINAL PETITION
43 Judgment against Defendant, for front pay by Plaintiff as alleged herein;
44 Grant Plaintiff general damages for the damage to Plaintiff's reputation;
45 Pre-judgment interest at the highest legal rate;
4.6 Post-judgment interest at the highest legal rate until paid;
47 Compensatory damages;
48 Attorney’s fees;
49 All costs of court expended herein;
4.10 Such other and further relief, at law or in equity, general or special to
which Plaintiff may show Plaintiff justly entitled.
Respectfully Submitted,
/s/ Ellen Sprovach
Ellen Sprovach
Texas State Bar ID 24000672
Ellen @rosenber: law.com
ROSENBERG & SPROVACH
3518 Travis, Suite 200
Houston, Texas 77002
(713) 960-8300
(713) 621-6670 (Facsimile)
Attorney-in-Charge for Plaintiff
OF COUNSEL
Gregg M. Rosenberg
ROSENBERG & SPROVACH ATTORNEYS FOR PLAINTIFF
\6
PLAINTIFF’S ORIGINAL PETITION
Preview
6/19/2019 5:41 PM Marilyn Burgess - District Clerk Harris County Envelope No. 34517781 2019-42312 / Court: 234 By: Hilda Yam Filed: 6/19/2019 5:41 PM C. A. No. GAUTAM NAYER, In The Plaintiff, District Court v Harris County, Texas TEXAS SOUTHERN UNIVERSITY Defendant ___" Judicial District PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT 1 INTRODUCTION 1.1 Plaintiff demands a JURY TRIAL in this employment discrimination case under the Texas Commission on Human Rights Act (Hereafter, the “ACT”) as to any and all issues triable to a jury. Plaintiff alleges Defendant TEXAS SOUTHERN UNIVERSITY violated the Act when Defendant TEXAS SOUTHERN UNIVERSITY took adverse personnel actions against Plaintiff. 1.2 COMES NOW, GAUTAM NAYER, (hereinafter referred to as “Plaintiff’) complaining of and against TEXAS SOUTHERN UNIVERSITY (hereinafter referred to as “Defendant”), and for cause of action respectfully shows the court the following: 2. PARTIES 2.1 Plaintiff is an individual residing in Houston, Harris County, Texas. 2.2 Defendant TEXAS SOUTHERN UNIVERSITY is a government entity and employs more than 15 regular employees. Defendant TEXAS SOUTHERN UNIVERSITY can be served by serving the Dr. Austin A. Lane at 3100 Cleburne St, Houston, TX 77004. {a PLAINTIFF’S ORIGINAL PETITION 3. VENUE 3.1 Venue of this proceeding is proper in Harris County, Texas pursuant to Texas Civil Practice & Remedies Code § 15.002 because Harris County is the county in which all or part of the cause of action accrued and the county where Defendant maintains a residence, an agency or representative. 4. FACTS 4.1 Plaintiff is a tenured professor at Texas Southern University (Defendant) where he began working in 2009. Along with his tenure he received promotion in 2016. Defendant is a historically black university; Plaintiff is of Indian national origin. Plaintiff is not African American. 4.2 In October 2016 Defendant made Plaintiff Interim Chair of his department. This position carried significant additional compensation. 43 Plaintiff's predecessor as Interim Department Chair was Dr. Baker until Defendant removed him. Dr. Baker constantly harassed, bullied and tried to intimidate Plaintiff in his interim chair position (as did his former Graduate Program Director, Dr. Henderson). 44 Plaintiff followed every protocol, chain of command and reporting method available to him in order to get the abusive, harassing and discriminatory behavior to stop. Plaintiff filed seven (7) human resource complaints to no avail 45 Defendant, to include Dr. Baker, set Plaintiff up for two votes of no confidence forcing him to resign. Plaintiff lost significant compensation with this forced resignation 4.6 The same four African American faculty members voted against Plaintiff as Graduate Program Director forcing him to resign although they knew the Interim Department chair supported him. Immediately after Plaintiff's resignation was announced as Graduate \2 PLAINTIFF’S ORIGINAL PETITION Program Director many students and at least one faculty member contacted him via email to inform him they were sorry to see him leave that position. It is important to note that this department has had 7 chairs in 11 years. 47 Dr. Baker and Dr. Henderson have accused Plaintiff in an email of calling Defendant TSU’s students’ “black monkeys.” A former TSU professor and Plaintiff's dissertation chair accused him that he called students black monkeys and stupid ass bitches. This former professor, Dr. Byron Price, told Plaintiff this in an email. This is a blatant lie — Plaintiff has never used this sort of language regarding students. This is another discriminatory and retaliatory attack on Plaintiff. 48 Plaintiff contacted his Dean, the President, the Provost and his chair to provide leadership about these bald-faced lies and attacks on him: 49 Plaintiff was asked to volunteer on the graduate admissions committee by the Interim department chair and the chair of the committee. Three African American professors Onwudiwe, Baker and Henderson were against him on that committee. Dr. Onwudiwe has written that Plaintiff is “boorish in an Indian primeval manner.” He has also called Plaintiff “you people” an obvious racial epithet in an email with 11 other faculty members present on the email 4.10 On September 11, 2018, Defendant asked Dr. Baker to be AJ Interim Chair with only 4 supporting votes, 4 votes abstaining and 1 vote for the previous interim chair. (This interim chair was removed after 6 months) 4.11 Defendant treated Plaintiff less favorably than his comparators who are not Indian and are of African American race. Defendant has replaced Plaintiff in his positions with someone of African American race who is not Indian |3 PLAINTIFF’S ORIGINAL PETITION 4.12 Defendant has retaliated against him for opposing the discrimination against him. 4.13 Defendant has caused him stress, anxiety and mental anguish and has forced his compensation to be reduced 4.14 Plaintiff filed a Charge of Discrimination on September 25, 2018. 4.15 Defendant has continued the discrimination and retaliation against Plaintiff. 4.16 Defendant discriminated and retaliated against Plaintiff based on national origin, (Indian), Race (non-African American) and for opposing discrimination against him and engaged in protected activity and put him in a hostile environment based on these protected classes. This discrimination, retaliation and hostile environment is in violation of and the Texas Commission of Human Rights Act as amended. 5. TIMELINESS 5.1 Plaintiff filed Plaintiff's lawsuit within two years of the date Plaintiff filed Plaintiff's Charge of Discrimination. 6. ADMINISTRATIVE CONDITIONS PRECEDENT 6.1 Plaintiff has completed all administrative conditions precedent since Plaintiff filed Plaintiff's charge of discrimination within 180 days of the date Plaintiff learned of the adverse employment action. 6.2 Jurisdiction is also appropriate since this action was filed on or before two years from the date Plaintiff filed Plaintiff's complaint with the Texas Commission on Human Rights. 7. NO FEDERAL CLAIMS 7A Plaintiff does not assert any federal claims in this proceeding. Additionally, Plaintiff is in no way seeking damages or remedies that may stem from a federal cause of action |4 PLAINTIFF’S ORIGINAL PETITION 8. DAMAGES 8.1 As a direct and proximate result of the aforementioned arbitrary and capricious acts, the Plaintiff has suffered grievous harm, including, but not limited to, substantial loss of income; humiliation and embarrassment among co-workers and others; sustained damage to Plaintiff's credibility and sustained damage to Plaintiff's prospects for future employment. 9. ATTORNEY’S FEES 91 Defendants’ action and conduct as described herein and the resulting damage and loss to Plaintiff has necessitated Plaintiff retaining the services of ROSENBERG & SPROVACH, 3518 Travis, Suite 200, Houston, Texas 77002 in initiating this proceeding Plaintiff seeks recovery of reasonable and necessary attorney’s fees. 10. JURY DEMAND 10.1 Plaintiff hereby makes Plaintiff's request for a jury trial in this cause pursuant to Rule 216 of the Texas Rules of Civil Procedure and deposits with the District Clerk of Harris County, Texas the jury fee of forty ($40.00) dollars. 11. PRAYER 11.1 WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be cited to appear and answer, and that on final hearing of this cause Plaintiff have the following relief: 4.1 Judgment against Defendant, for actual damages sustained by Plaintiff as alleged herein; 4.2 Judgment against Defendant, for backpay lost by Plaintiff as alleged herein; [5 PLAINTIFF’S ORIGINAL PETITION 43 Judgment against Defendant, for front pay by Plaintiff as alleged herein; 44 Grant Plaintiff general damages for the damage to Plaintiff's reputation; 45 Pre-judgment interest at the highest legal rate; 4.6 Post-judgment interest at the highest legal rate until paid; 47 Compensatory damages; 48 Attorney’s fees; 49 All costs of court expended herein; 4.10 Such other and further relief, at law or in equity, general or special to which Plaintiff may show Plaintiff justly entitled. Respectfully Submitted, /s/ Ellen Sprovach Ellen Sprovach Texas State Bar ID 24000672 Ellen @rosenber: law.com ROSENBERG & SPROVACH 3518 Travis, Suite 200 Houston, Texas 77002 (713) 960-8300 (713) 621-6670 (Facsimile) Attorney-in-Charge for Plaintiff OF COUNSEL Gregg M. Rosenberg ROSENBERG & SPROVACH ATTORNEYS FOR PLAINTIFF \6 PLAINTIFF’S ORIGINAL PETITION