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1 Rene Potter, SBN 301971
POTTER HANDY LLP
2
100 Pine Street, Suite 1250
3 San Francisco, CA 94111
Phone: (415) 534-1911; Fax: (888) 422-5191
4 Email: renep@potterhandy.com
5 Attorneys for PLAINTIFF SELAH TERWILLIGER
6
7
8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10
11
SELAH TERWILLIGER, an individual, CASE NO. _______________________
12
13 Plaintiff, [UNLIMITED] COMPLAINT FOR
DAMAGES
14 vs.
1. Discrimination based on Disability in
15 SUMMIT FUNDING, INC., a California Violation of Cal. Gov’t Code §
Corporation; and DOES 1-100, inclusive, 12940(a)
16
17 Defendant(s). 2. Sexual Harassment – Hostile Work
Environment in Violation of Cal.
18 Gov’t Code § 12940(j)
19
3. Failure to Accommodate Disability in
20 Violation of Cal. Gov’t Code §
12940(m)
21
22 4. Retaliation for requesting Disability-
Related Accommodation in violation
23 of Cal. Gov’t Code § 12940(h)
24
5. Failure to Prevent Discrimination,
25
Harassment, and Retaliation from
26 Occurring in Violation of Cal. Gov’t §
12940(k)
27
28
1
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 6. Violation of the California Family
Rights Act (Cal. Gov’t Code §
2
12945.2)
3
7. Violation of Cal. Lab. Code § 233(c)
4
5 8. Retaliation in Violation Cal. Labor
Code § 1102.5(b)
6
7 9. Wrongful Constructive Termination in
Violation of Public Policy
8
9 10. Negligent Supervision and Retention
of Employees
10
DEMAND FOR JURY TRIAL
11
12
13 Plaintiff, SELAH TERWILLIGER, an individual, on information and belief, makes the
following allegations to support her unverified complaint.
14
15 JURISDICTION AND VENUE
16 1. This Court has personal jurisdiction over the Defendants because they are
17 residents of and/or are doing business in the State of California.
18 2. Venue is proper in this county in accordance with Section 395(a) of the California
19 Code of Civil Procedure because the Defendants, or some of them, reside in Sacramento County
20 and/or the alleged wrongs occurred in the county. Venue is further proper in this county pursuant
21 to Cal. Gov’t Code § 12965(b) because the alleged wrongs occurred in the County of
Sacramento, and it is the county where Plaintiff would have worked but for the unlawful
22
practices of Defendants. Venue is also proper in this county because it was the county where
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Plaintiff was paid.
24
3. Further, Plaintiff’s claims of negligent supervision and retention of employees
25 and wrongful constructive termination are timely, because Plaintiff has filed her claims within
26 two years of the effective date of her resignation, April 7, 2022. The statute of limitations of the
27 aforesaid claims falls on a Sunday, April 7, 2024. Therefore, Plaintiff’s statute of limitations is
28 tolled to and includes Monday, April 8, 2024, which is the next business day after April 7, 2024.
2
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 NATURE OF ACTION
2 4. This action arises out of Defendant’s violations of the Fair Employment &
3 Housing Act (“FEHA”) (Cal. Gov’t Code § 12940, et seq.), specifically, discrimination based
4 on disability, sexual harassment, retaliation for engaging in protected activities, denial of a work
environment free from discrimination, harassment, and retaliation, and failure to prevent
5
discrimination, harassment, and retaliation from occurring; retaliation in violation of California
6
Family Rights Act and California Labor Code §§ 233 and 1102.5; negligent supervision and
7
retention of an employee, wrongful constructive termination in violation of public policy, and
8
intentional infliction of emotional distress. Defendants discriminated against, harassed, and
9 retaliated against Plaintiff, and ultimately terminated her employment for engaging in protected
10 activities, all of which caused her emotional distress. By their actions, Plaintiff is seeking
11 damages, attorneys’ fees and costs; and injunctive relief pursuant to the claims alleged in her
12
unverified complaint for damages.
13 PLAINTIFF
14 5. Plaintiff SELAH TERWILLIGER, an individual, is a thirty-one (31) year old
15 female. Plaintiff is, and at all relevant times mentioned herein was, a resident of the State of
16 California, County of Sacramento. Plaintiff is, and at all relevant times was, a member of a
17
protected class of persons within the meaning of the California Fair Employment and Housing
Act and an Employee under the California Labor Code and California Government Code.
18
6. At all relevant times herein, Plaintiff was employed by Defendants in
19
Sacramento, California from December 29, 2020, until her wrongful constructive termination on
20
April 7, 2022.
21
22 DEFENDANTS
23 7. Defendant SUMMIT FUNDING, INC. (“Summit”) is a California Corporation and is
24 licensed to do business in the State of California. Summit Funding, Inc. is a mortgage company
25 providing home loans and financing services in California. At all times mentioned herein,
Summit Funding, Inc. was an “employer” of Plaintiff within the meaning of California
26
Government Code § 12926(d) of the California Fair Employment & Housing Act and the
27
California Labor Code and California Government Code. In doing the acts herein alleged,
28
Defendant’s employees, subcontractors, and agents acted within the course and scope of their
3
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 employment and agency with Summit Funding, Inc. and engaged in the acts alleged herein and/or
2 conducted, permitted, authorized, and/or ratified the conduct of its employees, subcontractors,
3 and agents, and is vicariously liable for the wrongful conduct of its employees, subcontractors,
and agents alleged herein.
4
8. Defendants DOES 1 through 100, inclusive, are other possible Defendants responsible
5
for the wrongful conduct alleged herein. The true names and capacities of Defendants named
6
herein as DOES 1 through 100, inclusive, whether individual, corporate, associate, or otherwise,
7
are unknown to Plaintiff who therefore sues such Defendants by such fictitious names pursuant
8 to California Code of Civil Procedure § 474. Plaintiff is informed and believes that the DOE
9 Defendants are California residents. Plaintiff will amend her Complaint to show true names and
10 capacities when they have been determined. Plaintiff is informed and believes, and on the basis
of such information and belief alleges, that each Defendant DOE herein is in some manner
11
responsible for the discrimination based on her disability, and damages herein alleged.
12
9. Defendants SUMMIT FUNDING, INC. and DOES 1 through 100, inclusive, are
13
hereinafter referred to collectively as "Defendants" unless otherwise specifically identified.
14
10. Plaintiff is informed and believes and thereon alleges that each Defendant is, and
15 at all times mentioned was, the agent, employee or representative of each other Defendant. Each
16 Defendant, in doing the acts, or in omitting to act as alleged in this Demand, was acting within
17 the scope of his or her actual or apparent authority, or the alleged acts and omissions of each
18
Defendant as an agent were subsequently ratified and adopted by each other Defendant as a
principal.
19
20 EXHAUSTION OF REMEDIES
21 11. On or about April 8, 2024, Plaintiff timely filed a complaint against Defendant
22 SUMMIT FUNDING, INC. with the California Civil Rights Department. On or about April 8,
23 2024, Plaintiff received a notice of case closure and right to sue from the California Civil Rights
Department with respect to this Defendant. On or about April 8, 2024, Plaintiff served her
24
administrative complaint and the right to sue on Defendant. Plaintiff has therefore exhausted her
25
administrative remedies as to her claims under the Fair Employment & Housing Act.
26
27
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4
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 FACTUAL ALLEGATIONS
2 12. Selah Terwilliger is a thirty-one-year-old woman and is a vulnerable individual
3 who has suffered unspeakable trauma and abuse during her life. As a result, Ms. Terwilliger
4 suffers from multiple mental health conditions including bipolar disorder, borderline personality
disorder, and PTSD; all of which she disclosed to Summit Funding before her hire. Throughout
5
her employment, and to this day, Ms. Terwilliger experiences daily re-traumatization where she
6
has vivid flashbacks to the abuse she suffered.
7
13. On or about December 29, 2020, Summit Funding, Inc. hired Ms. Terwilliger as
8
a Marketing Coordinator II, otherwise known as a Marketing Specialist.
9
14. As a Marketing Specialist, Ms. Terwilliger’s job was to coordinate and implement
10
marketing programs and campaigns for the company. From the start, Ms. Terwilliger was tasked
11
with helping the company migrate to a new CRM. Following the migration, Ms. Terwilliger
12
managed the CRM platform as part of her duties.
13
15. Approximately four months after her hire, around spring 2021, Summit Funding
14
promoted Ms. Terwilliger to Marketing Systems Supervisor, where she was immediately tasked
15 with hiring and training six new employees to help manage the CRM with her.
16
16. Summit’s CRM had close to 600 users, which Ms. Terwilliger handled with skill
17 by working long days, training both her team and Summit’s sales force. There were twelve
18 people total on Summit’s Marketing team, and Ms. Terwilliger oversaw six of them.
19 17. Around May/June 2021, a couple of months after the CRM had been completely
20 migrated, the current Executive VP of Sales left Summit and took half of Summit’s marketing
21 team with him to another company. Ms. Terwilliger was offered a position at this company as
22 well, but she remained loyal to Summit and rejected the offer to stay and pick up the extra
workload that her smaller team now had to bear.
23
24 18. Around the same time, Robyn Lavasser took over as the Executive VP of Sales.
25 19. One of the additional responsibilities Ms. Terwilliger personally took on after
26 Summit lost half of its marketing team was setting up events and retreats. She became the main
run-of-show for Summit’s events.
27
28
5
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 20. In or around August 2021, Ms. Terwilliger reached out to all Branch Managers
2 who were attending an upcoming branch manager’s retreat to get their flight and hotel
3 information together. In the course of her duties, she spoke with Jack Satterlee, Summit
Funding’s Vice President of Human Resources. After giving her the information she needed, Mr.
4
Satterlee ended the conversation by saying, “We should have a different discussion offline.” Ms.
5
Terwilliger agreed to speak with him, and afterwards they talked on the phone for a while and
6
texted.
7
21. Ms. Terwilliger was struggling with alcohol during this time. In addition, as Head
8
of Human Resources, Mr. Satterlee had access to Ms. Terwilliger’s records and knew or should
9
have known about her mental health diagnoses.
10
22. Mr. Satterlee started being flirtatious and inappropriate with Ms. Terwilliger on
11
their “offline phone call,” and guided Ms. Terwilliger towards a sexual relationship with him.
12
23. In or around September 2021, after flirtatious text messages, Mr. Satterlee sent
13
Ms. Terwilliger over thirty photos of himself where he was exposed in some way: shirtless, no
14 clothes, pictures of his genitals, etc. Ms. Terwilliger pretended to like the photos. She did not
15 know how to tell him no and turning him down never occurred to her given who he was in the
16 company.
17 24. Ms. Terwilliger’s bipolar disorder caused her to have frequent manic episodes,
18 which heavily influenced her actions and decisions regarding Mr. Satterlee. Mr. Satterlee never
19 should have propositioned Ms. Terwilliger, a married employee. Based on her difficult
background, Ms. Terwilliger was susceptible to abuse, wanting the approval and care of an older
20
man. Mr. Satterlee was in a position of power and Ms. Terwilliger was shocked that he was
21
paying attention to her. He made her feel special.
22
25. As Mr. Satterlee got more comfortable with Ms. Terwilliger, his sexual advances
23
became more brazen at work. For example, starting around October 2021, while on Teams
24
Microsoft Meetings, he would tell Ms. Satterlee to expose her body to him while telling her that
25 he was stroking himself. Ms. Terwilliger would comply with his requests, and Mr. Satterlee
26 would touch himself a lot when they were in meetings and do things like take a photo of himself
27 holding his penis under his desk and text it to her while the meeting was occurring.
28
6
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 26. In or around October/November 2021, Mr. Satterlee drove to Ms. Terwilliger’s
2 apartment late at night and texted her that he was outside. Ms. Terwilliger had been drinking that
3 night. She walked out to his car, where Mr. Satterlee pleaded with her to give him oral sex. Ms.
Terwilliger complied. As soon as it was done, Mr. Satterlee told her to get out of his car and
4
drove away. The last thing he said to her before he drove away was to tell her to look at how
5
much money he had in bitcoin. He was there for a total of approximately fifteen minutes. Ms.
6
Terwilliger felt used and like an object. Mr. Satterlee had taken advantage of her in front of her
7
home, and she felt gross. Afterwards, they never spoke about what happened in the car.
8
27. Also in or around October/November 2021, Ms. Terwilliger attended the Branch
9
Manager Retreat which Mr. Satterlee also attended. They had separate hotel rooms but ended up
10 having sexual intercourse in his hotel room.
11
28. After this, Mr. Satterlee and Ms. Terwilliger engaged in sexual acts together
12 approximately five to seven more times. Mr. Satterlee instructed Ms. Terwilliger to keep their
13 “relationship” private.
14 29. When Ms. Terwilliger engaged in sexual relations with Mr. Satterlee, he made
15 her feel as if her job was protected. He made her work life easier and provided Ms. Terwilliger
16 with benefits such as office equipment and lunches. He also gave her jewelry.
17 30. On approximately January 10-14, 2022, Ms. Terwilliger put on Summit
18 Funding’s company Sales and Marketing retreats. The Sales Retreat ran from January 10-12,
19 2022, and Ms. Terwilliger was responsible for most of the event.
20 31. On or about January 11, 2022, Mr. Satterlee attended the Sales Retreat for one
21 day to do a presentation. The night following his presentation, Mr. Satterlee and Ms. Terwilliger
engaged in sexual intercourse.
22
23 32. The next day on or about January 12, 2022, Ms. Terwilliger was very busy since
she was the Run-of-Show and Main Lead managing the entire event. The event ended around
24
3pm and she worked until about 5pm cleaning, locking up, and preparing for the following
25
morning. This marked the end of the sales retreat for the Loan officers.
26
33. On the evening of January 12, 2022, Ms. Terwilliger still had to complete work
27
on the CRM, so she changed into comfortable clothes, went down to the hotel lobby, sat in a far
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7
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 corner, and worked on the CRM system off the clock. Afterwards, she went to her room and
2 went to sleep. She did not interact with anyone during this time.
3 34. On or about January 13, 2022, the first day of the Marketing Retreat began. Ms.
4 Terwilliger was not in charge of this Retreat but was required to attend. Robyn Lavasser,
5 Executive VP of Sales, ran this event. That day, during a Retreat session, Ms. Lavasser handed
out several forms to the group to fill out.
6
7 35. The forms asked the group many personal questions that were inappropriate for
an employer to ask, including the employees’ health, finances, family, religion, vacations,
8
fitness, etc. and how to improve yourself in the next year.
9
10
36. Thinking it was a private exercise, on the applicable part of the document, Ms.
Terwilliger wrote down that she struggled with alcoholism and wanted to overcome it. However,
11
to her surprise, Ms. Lavasser then insisted that attendees share what they wrote down. Ms.
12
Terwilliger felt pressured and ended up sharing with the group about her struggles with alcohol.
13
Ms. Lavasser acted sympathetic and kind at that time.
14
37. On or about January 14, 2022, the Marketing Retreat ended around 5pm. When
15
Ms. Terwilliger got to her hotel room, she received a long text and had a short phone call with
16 Mr. Satterlee. In the text and phone call, Mr. Satterlee revealed that Ms. Lavasser had talked to
17 him and other Summit executives about Ms. Terwilliger.
18 38. Mr. Satterlee described in accurate detail what Ms. Terwilliger was wearing the
19 night before even though he had not been there. He was angry and told Ms. Terwilliger she was
20 “dumb” for saying things about being alcoholic. He told her that “everyone was talking about
21 her and what she was wearing,” that she was “an attention seeker” and that she “wanted men to
be all over her”. He called her things that insinuated she was a slut. Finally, Mr. Satterlee shared
22
that Ms. Lavasser “told people” about the Marketing Retreat session and what Ms. Terwilliger
23
had said about her alcoholism and mental health, and that Ms. Lavasser said she should not be
24
saying such things. Ms. Terwilliger was blindsided because Ms. Lavasser was the one who had
25 insisted Ms. Terwilliger share what she wrote down.
26
39. On the evening of January 14, 2022, everyone who attended the Marketing
27
Retreat was supposed to go axe throwing together for a team building exercise. Despite being
28 the group leader, Ms. Lavasser did not attend. Ms. Terwilliger was very upset because she wanted
8
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 to speak with Ms. Lavasser about the sharing session and why Ms. Lavasser had talked about
2 her to Mr. Satterlee. Instead of attending her group event that night, Ms. Lavasser flew home.
3 40. Around late January 2022, Ms. Terwilliger had a meeting with Ms. Lavasser after
4 begging her for weeks to have one. At the meeting, Ms. Terwilliger discussed how she worked
5 80-hour weeks and had taken over multiple duties that were not hers, including planning the
recent conference. She asked for a raise, and Ms. Lavasser objected because Ms. Terwilliger had
6
threatened to quit recently. Ms. Terwilleger explained that was because Ms. Lavasser told
7
everyone she had shared that she was an alcoholic and talked about her.
8
41. Ms. Lavasser ended up giving Ms. Terwilliger a small 2% raise but wrote, “As
9
long as Selah doesn’t threaten to quit again,” on Ms. Terwilliger’s performance evaluation. Ms.
10
Lavasser never addressed her inappropriate conversations about Ms. Terwilliger or her
11
inappropriate retreat activity that was the cause of Ms. Terwilliger sharing she was an alcoholic.
12 In addition, Ms. Lavasser’s tone and attitude towards Ms. Terwilliger had completely changed
13 compared to before the retreat.
14 42. Throughout February 2022, Ms. Terwilliger took steps to get admitted into a
15 alcohol rehab program. This required her to attend half-day therapy sessions and sometimes even
16 full day eight-hour therapy sessions, causing her to miss some work.
17 43. Around the end of February/early March 2022, Ms. Terwilliger took formal leave
18 to attend rehab, during which time she was not supposed to speak with anyone outside of rehab.
19 44. During her leave, around early March 2022, Summit improperly contacted Ms.
20 Terwilliger during rehab when her immediate supervisor, Sherry Booth, and Megan from HR
21 called her to tell her that she was being demoted. Ms. Booth told Ms. Terwilliger the reason for
her demotion was because she was working with an out of network third party for data collection.
22
23 45. In reality, Summit was demoting Ms. Terwilliger in retaliation for being alcoholic
and for using an accommodation in the form of time off to attend rehab.
24
25 46. As Marketing Supervisor, Ms. Terwilliger had worked with a man named Jerome
for months. Jerome worked for a CRM mortgage company (Jungo) for database import. At some
26
point, Jerome resigned from Jungo but did not tell Ms. Terwilliger, and she continued to work
27
with him on Summit’s CRM through his Jungo email. When Summit found out Jerome no longer
28
9
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 worked at Jungo, they used it as an excuse to demote Ms. Terwilliger while she attended rehab
2 rather than simply correct the situation that Ms. Terwilliger had no knowledge of.
3 47. Up to this point, Ms. Terwilliger never reported on her relationship with Mr.
4 Satterlee because he was the VP of HR, and she knew that the complaint would be received by
5 him. She felt unsafe and stuck in her situation at work. However, when she was demoted for
being an alcoholic and attending rehab, it was more than she could take.
6
7 48. Thus, in or around mid-March 2022, Ms. Terwilliger emailed Summit’s HR and
set up a meeting, telling them she was ready to “talk about everything”. Ms. Terwilliger met with
8
Megan from HR and told her why she had shared she was alcoholic at the retreat, that Ms.
9
Lavasser had inappropriately talked about her appearance and alcoholism, her relationship with
10
Megan’s boss, Mr. Satterlee, and that she had not reported Mr. Satterlee previously because of
11
his position. Megan only said, “ok well I will review that.” Ms. Terwilliger felt like she was
12 talking to a wall. After that call with Megan, Ms. Terwilliger never heard from HR or Summit
13 again.
14 49. Feeling retaliated against and sick of the sexual harassment, Ms. Terwilliger felt
15 she had no choice but to resign and sent an email to Summit on March 27, 2022, stating that her
16 last day would be April 7, 2022 - her last day of rehab. Thus, after working for Summit Funding
17
for over two years, Ms. Terwilliger was demoted and forced to resign just seven months after
being introduced to Mr. Satterlee, two months after Summit found out she was alcoholic, and
18
during her accommodation in the form of time off to attend rehab.
19
50. Mr. Satterlee used his position of authority to build trust with Ms. Terwilliger. He
20
gave her special attention, making her feel important at work by allowing her to bring items “up
21
the ladder” more, buying her work equipment, etc. Ms. Terwilliger was much younger than Mr.
22
Satterlee and did not know how to say no to him given his position of power in the company.
23
51. Ms. Terwilliger was proud of her job and position at Summit. While she was
24
struggling with alcohol use during her job, she was performing for Summit at a high level,
25 evident through her promotion, raise, and 80-hour work weeks.
26
52. Since resigning, Ms. Terwilliger has stayed sober, but has fallen back into a deep
27
depression due to her experiences at Summit Funding. Summit should have protected Ms.
28 Terwilliger from Mr. Satterlee and prevented Ms. Lavasser from asking employees to discuss
10
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 personal issues during a work conference. Summit also should have never contacted Ms.
2 Terwilliger during rehab and should not have demoted her.
3 53. Ms. Terwilliger’s experience at Summit has caused a regression in multiple areas
4 of personal progress in her life. She feels like she can no longer function and often feels suicidal
5 as she struggles to care for her 18-month, 3-year-old, and 4-year-old daughters with her husband.
6
FIRST CAUSE OF ACTION
7
Discrimination Based on Disability in Violation of Cal. Gov’t Code § 12940(a)
8 (Against All Defendants)
9 54. Plaintiff realleges and incorporated by reference, as though fully set forth herein,
10 each and every allegation set forth above.
11
55. Cal. Gov't Code § 12940(a) makes it an unlawful employment practice for any
employer to discriminate against an employee and/or otherwise deny the employee the benefits
12
of employment because of their disability.
13
56. Under the Fair Employment and Housing Act, alcoholism is a recognized
14
disability that affects several major life functions. Cal. Gov't Code § 12940. Because Ms.
15 Terwilliger suffered from alcoholism, she is a person with a disability under the FEHA.
16 57. SUMMIT FUNDING, INC. is an employer doing business in the State of
17 California, with five or more employees and are therefore subject to the legal mandates of the
18 FEHA. Cal. Gov't Code § 12926(d). As such, SUMMIT FUNDING, INC. is required to refrain
from treating employees with disabilities differently and adversely than other employees.
19
58. As more fully alleged herein and in violation of California Government Code §
20
12940, et seq., Defendant, and each of them, discriminated against Plaintiff in employment on
21
grounds that she had a disability. Plaintiff further alleges that her disability and need for
22 accommodations were substantial motivating reasons for Defendant to demote her, leading to
23 Plaintiff’s wrongful constructive termination. As alleged hereinabove, Ms. Terwilliger’s
24 colleagues subjected her to discrimination based on her disability, including by expressing
25 discriminatory remarks about or to Ms. Terwilliger’s alcoholism and the fact that she shared
about it at a company retreat when the EVP asked her to.
26
59. Ms. Terwilliger was demoted in retaliation for being alcoholic and for taking time
27
off to attend rehab. Feeling retaliated against and sick of the sexual harassment, Ms. Terwilliger
28
felt she had no choice but to resign and sent an email to Summit on March 27, 2022, stating that
11
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 her last day would be at the end of April on her last day of rehab. Thus, after working for Summit
2 Funding for over two years, Ms. Terwilliger was demoted and forced to resign just seven months
3 after being introduced to Mr. Satterlee, two months after Summit found out she was alcoholic,
and during her accommodation in the form of time off to attend rehab.
4
60. Plaintiff was subjected to discriminatory treatment based on her disability, despite
5
her excellent job performance, and was demoted when she took temporary leave as an
6
accommodation for her disability to attend rehab. Summit wrongfully constructively terminated
7
Ms. Terwilliger in continuation of the differential treatment towards her due to her disability.
8 61. Defendant, and each of them, therefore engaged in discrimination based on Ms.
9 Terwilliger’s disability in violation of Cal. Gov’t Code § 12940(a). Defendants further violated
10 Plaintiff’s rights to a discrimination-free work environment by failing to take all reasonable steps
necessary to prevent discrimination from occurring as required by California Gov’t Code §
11
12940(k).
12
62. By aforesaid acts and omissions of Defendants, and each of them, Plaintiff has
13
been directly and legally caused to suffer actual damages including, but not limited to, loss of
14
earnings and future earning capacity, and other pecuniary loss not presently ascertained.
15 63. As a further direct and legal result of the acts and conduct of Defendants, and
16 each of them, as aforesaid, Plaintiff has been caused to and did suffer and continues to suffer
17 emotional and mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain,
18
discomfort and anxiety. The exact nature, duration, and extent of said injuries is presently
unknown to Plaintiff, but she is informed and believes and thereon alleges that some if not all of
19
the injuries are reasonably certain to be permanent in character.
20
64. Plaintiff is informed and believes and thereon alleges that Defendants and their
21
managers, officers, and/or directors committed the acts alleged herein maliciously, fraudulently,
22 and oppressively, with the wrongful intention of injuring Plaintiff and acted with an improper
23 and evil motive amounting to malice or oppression, and in conscious disregard of Plaintiff’s
24 rights. Moreover, Defendants and their managers, officers, and/or directors authorized or ratified
25 the wrongful conduct of their employees and/or are personally guilty of oppression, fraud, or
malice. As such, Plaintiff is entitled to recover punitive damages from Defendants in an amount
26
according to proof. Cal. Civ. Code §3294.
27
28
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[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 65. As a result of Defendant’s discriminatory acts as alleged herein, Plaintiff is
2 entitled to reasonable attorney’s fees and costs of suit as provided in Section 12965(b) of the
3 California Government Code.
4
SECOND CAUSE OF ACTION
5
Gender/Sexual Harassment – Hostile Work Environment in Violation of Cal. Gov’t Code
6 § 12940(j)
7 (Against All Defendants)
8 66. Plaintiff realleges and incorporates by reference, as though fully set forth herein,
each and every allegation set forth above.
9
67. Cal. Gov’t Code § 12940(j)(1) makes it an unlawful employment practice for any
10
person to harass an employee based on sex/gender. If the harasser is a supervisor, the employer
11
is liable for the supervisor’s conduct. Harassment of an employee by an employee other than an
12
agent or supervisor shall be unlawful if the entity, or its agents or supervisors, knows or should
13 have known of this conduct and fails to take immediate and appropriate corrective action.
14 68. As alleged herein, starting around late 2021, Ms. Terwilliger was sexually
15 harassed based on her sex/gender by Head of Human Resources, Jack Satterlee. Mr. Satterlee’s
16
sexual advancements and acts towards Ms. Terwilliger were based on her sex/gender. Mr.
Satterlee made inappropriate sexual comments, acts, sent lewd photos, and engaged in sexual
17
acts, including intercourse, with Ms. Terwilliger starting around August 2021 through her
18
resignation effective April 7, 2022. Mr. Satterlee gained access to Ms. Terwilliger through his
19
position at Summit, and took advantage of her, using his position of power, older age, and on
20 information and belief, knowledge about Ms. Terwilliger’s mental health issues.
21 69. Defendant, and each of them, therefore subjected Ms. Terwilliger to sexual
22 harassment and a hostile work environment on account of her gender/sex in violation of Cal.
23 Gov’t Code § 12940(j)(1).
70. By aforesaid acts and omissions of Defendant, and each of them, Plaintiff has
24
been directly and legally caused to suffer actual damages including, but not limited to, loss of
25
earnings and future earning capacity, and other pecuniary loss not presently ascertained.
26
71. As a further direct and legal result of the acts and conduct of Defendant, and each
27 of them, as aforesaid, Plaintiff has been caused to and did suffer and continues to suffer
28 emotional and mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain,
13
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 discomfort and anxiety. The exact nature, duration, and extent of said injuries is presently
2 unknown to Plaintiff, but she is informed and believes and thereon alleges that some if not all of
3 the injuries are reasonably certain to be permanent in character.
72. Plaintiff is informed and believes and thereon alleges that Defendant and their
4
managers, officers, and/or directors committed the acts alleged herein maliciously, fraudulently,
5
and oppressively, with the wrongful intention of injuring Plaintiff and acted with an improper
6
and evil motive amounting to malice or oppression, and in conscious disregard of Plaintiff’s
7
rights. Moreover, Defendant and their managers, officers, and/or directors authorized or ratified
8 the wrongful conduct of their employees and/or are personally guilty of oppression, fraud, or
9 malice. As such, Plaintiff is entitled to recover punitive damages from Defendants in an amount
10 according to proof. Cal. Civ. Code §3294.
73. As a result of Defendant’s harassing and illegal acts as alleged herein, Plaintiff is
11
entitled to reasonable attorney’s fees and costs of suit as provided in Section 12965(b) of the
12
California Government Code.
13
14 THIRD CAUSE OF ACTION
15
Failure to Accommodate Disability in Violation of Cal. Gov’t Code § 12940(m)
16
(Against All Defendants)
17
74. Plaintiff realleges and incorporates by reference, as though fully set forth herein,
18
each and every allegation set forth above.
19
75. Pursuant to G.C. §12940(m), it is unlawful for an employer to deny a request for
20
a reasonable accommodation for a known physical or mental disability.
21
76. As more fully alleged herein, Plaintiff suffered from alcoholism, which ultimately
22
required her to use an accommodation in the form of temporary leave to attend rehab. A mental
23 disability under the FEHA includes but is not limited to having any mental or psychological
24 disorder or condition that limits a major life activity and includes a history or record of a mental
25 or psychological disorder or condition described in paragraph (1) or (2) of Cal. Govt. Code §
26
12926 (j), which is known to the employer. Cal. Govt. Code § 12926. Therefore, Ms. Terwilliger
is a person with a disability under the FEHA, and Defendant was required under the law to
27
provide a reasonable accommodation for Ms. Terwilliger’s disability.
28
14
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 77. As alleged hereinabove, Defendant became aware of Plaintiff’s disability
2 (alcoholism) at a company retreat around January 13, 2022, as a direct result of Ms. Lavasser’s
3 inappropriate questionnaires which violated Ms. Terwilliger’s privacy.
4 78. While Ms. Terwilliger was grated leave around February/March 2022 to attend
5 rehab and receive treatment for her disability, she was not accommodated under the law, because
Summit retaliated against based on her disability and need for accommodation by creating a
6
record against her, contacting her during rehab, and demoting her while she was on protected
7
leave.
8
79. Plaintiff’s disability and need for reasonable accommodation were substantial
9
motivating factors for Defendant’s decision to demote Plaintiff. All Defendant had to do was
10
prevent any retaliation or harassment against Plaintiff after Plaintiff started her accommodation
11
in the form of short-term leave. Instead, Defendant contacted Ms. Terwilliger during her leave
12 for the purpose of demoting her. The proffered reason for demotion was pretext, and ultimately
13 led to her wrongful constructive termination. Defendant further violated Plaintiff’s rights to a
14 discrimination and retaliation free work environment by failing to take all reasonable steps
15
necessary to prevent discrimination and retaliation from occurring as required by California
Government Code § 12940(k).
16
17
80. By failing to provide a reasonable accommodation to Plaintiff for her disability,
notwithstanding the lack of hardship, Defendant violated Cal. Gov’t Code § 12940(m).
18
19 81. By aforesaid acts and omissions of Defendant, Plaintiff has been directly and
legally caused to suffer actual damages including, but not limited to, loss of earnings and future
20
earning capacity, and other pecuniary loss not presently ascertained.
21
82. As a further direct and legal result of the acts and conduct of Defendant, as
22
aforesaid, Plaintiff has been caused to and did suffer and continues to suffer emotional and
23
mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain, discomfort and
24
anxiety. The exact nature, duration, and extent of said injuries is presently unknown to Plaintiff,
25 but she is informed and believes and thereon alleges that some if not all of the injuries are
26 reasonably certain to be permanent in character.
27
83. Plaintiff is informed and believes and thereon alleges that Defendant and their
28 managers, officers, and/or directors committed the acts alleged herein maliciously, fraudulently,
15
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 and oppressively, with the wrongful intention of injuring Plaintiff and acted with an improper
2 and evil motive amounting to malice or oppression, and in conscious disregard of Plaintiff's
3 rights. Moreover, Defendant and their managers, officers, and/or directors authorized or ratified
the wrongful conduct of their employees and/or are personally guilty of oppression, fraud, or
4
malice. As such, Plaintiff is entitled to recover punitive damages from Defendant in an amount
5
according to proof. Cal. Civ. Code §3294.
6
84. As a result of Defendant’s retaliatory and discriminatory acts as alleged herein,
7
Plaintiff is entitled to reasonable attorney’s fees and costs of suit as provided in Section 12965(b)
8
of the California Government Code.
9
10
FOURTH CAUSE OF ACTION
11 Retaliation Based on Disability in Violation of Cal. Gov’t Code § 12940(l)(4)
12 (Against All Defendants)
85. Plaintiff realleges and incorporates by reference, as though fully set forth herein,
13
each and every allegation above.
14
86. Gov’t Code Section 12940(l)(4) makes it unlawful for an employer to retaliate or
15
otherwise discriminate against a person for requesting an accommodation for a disability.
16
87. Defendant retaliated against Plaintiff in her employment on the grounds that she
17
suffered from a disability and needed temporary accommodations in the form of leave to receive
18
treatment and recover. In retaliation for having a disability that required accommodations in the
19
form of leave, Summit retaliated against Ms. Terwilliger and looked for things to create a record
20
against her to justify demoting her.
21
88. As more fully alleged herein, as head of Human Resources, Mr. Satterlee, Ms.
22
Terwilliger’s harasser, had access to Ms. Terwilliger’s records and knew or should have known
23 about her mental health diagnoses. Ms. Terwilliger’s bipolar disorder caused her to have frequent
24 manic episodes which heavily influenced her actions and decisions regarding Jack Satterlee. Mr.
25 Satterlee never should have propositioned Ms. Terwilliger, a married subordinate employee.
26
Based on her difficult background, Ms. Terwilliger was susceptible to abuse, wanting the
approval and care of an older man. Mr. Satterlee was in a position of power and Ms. Terwilliger
27
was shocked that he was paying attention to her. He made her feel special. During the course of
28
Plaintiff’s employment, Mr. Satterlee started being flirtatious and inappropriate with Ms.
16
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 Terwilliger and guided Ms. Terwilliger into a sexual relationship with him, including sending
2 her nude photos of himself. Defendant had or should have had knowledge of Mr. Satterlee’s
3 sexual harassment towards Ms. Terwilliger. Yet, Defendant failed to start an investigation, take
action against Plaintiff’s harasser, or attempt to remedy the hostile work environment even after
4
she reported the sexual relationship with Mr. Satterlee in or around mid-March 2022.
5
89. Additionally, Robyn Lavasser, Summit’s Executive VP of Sales also
6
discriminated and retaliated against Ms. Terwilliger due to her disability. During a marketing
7
retreat, Ms. Lavasser handed out several forms for the attending group of employees to fill out.
8
The forms asked the employees many personal questions that were inappropriate for an employer
9
to ask, including about employees’ health, finances, family, religion, vacations, fitness, etc. and
10 how to improve yourself in the next year. Thinking it was a private exercise, Ms. Terwilliger
11 wrote down that she struggled with alcoholism and wanted to overcome it. However, to her
12 surprise, Ms. Lavasser insisted that attendees share what they wrote down. Ms. Terwilliger felt
13
pressured and ended up sharing with the group about her struggles with alcohol. Ms. Lavasser
acted sympathetic and kind at that time. When the Marketing Retreat ended, Ms. Terwilliger
14
found out that Ms. Lavasser had talked to Mr. Satterlee and other Summit executives about Ms.
15
Terwilliger.
16
90. Shortly before her wrongful constructive termination, Ms. Terwilliger had an
17 appraisal meeting with Ms. Lavasser after begging her for weeks to have one. Ms. Terwilliger
18 discussed how she worked 80-hour weeks and had taken over multiple duties that were not hers,
19 including planning the recent conference. She asked for a raise, and Ms. Lavasser objected
20
because Ms. Terwilliger had threatened to quit recently. Ms. Terwilliger explained that was
because Ms. Lavasser told everyone she had shared that she was an alcoholic and talked about
21
her appearance to Summit executives.
22
91. Ms. Lavasser ended up giving Ms. Terwilliger a small 2% raise but wrote, “As
23
long as Selah doesn’t threaten to quit again,” on Ms. Terwilliger’s performance evaluation. Ms.
24
Lavasser never addressed her inappropriate conversations about Ms. Terwilliger or her
25
inappropriate conference activity that was the cause of Ms. Terwilliger sharing that she was an
26 alcoholic. In addition, Ms. Lavasser’s tone and attitude towards Ms. Terwilliger had completely
27 changed compared to before the conference.
28
17
[UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL
1 92. Throughout February 2022, Ms. Terwilliger took steps to get admitted into a
2 rehab program. This required her to attend half day therapy sessions, and sometimes even full 8-
3 hour therapy sessions. Around the end of February/early March 2022, Ms. Terwilliger took
formal leave to attend rehab, where she was supposed to not contact anyone.
4
5 93. During her leave, around early March 2022, Summit improperly contacted Ms.
Terwilliger when her immediate supervisor, Sherry Booth, and Megan from HR called her to tell
6
her that she was being demoted. Ms. Booth told Ms. Terwilliger the reason for her demotion was
7
because she was working with an out of network third party for data collection. In reality,
8
Summit demoted Ms. Terwilliger in retaliation for being alcoholic, telling employees about it at
9
Ms. Lavasser’s instruction, and for using an accommodation in the form of time off to attend
10 rehab.
11
94. On or about March 27, 2022, Ms. Terwilliger submitted a letter of resignation,
12 stating it would be effective April 7, 2022, due to the sexual harassment, retaliation, and
13 discrimination she had been subjected to during her employment with Summit. Defendant
14 intentionally created or knowingly permitted the discriminatory, retaliatory, and hostile work
15
environment to continue. Additionally, Defendant failed to take all reasonable steps to prevent
discrimination, harassment, and retaliation from occurring against Ms. Terwilliger. Instead,
16
Defendant demoted her on a pretext while she was on protected leave.
17
95. By aforesaid acts and omissions of Defendants, Plaintiff has been directly and
18
legally caused to suffer actual damages including, but not limited to, loss of earnings and future
19
earning capacity, and other pecuniary loss not presently ascertained.
20
96. As a further direct and legal result of the acts and conduct of Defendant, as
21
aforesaid, Plaintiff has been caused to and did suffer and continues to suffer emotional and
22
mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain, discomfort and
23 anxiety. The exact nature, duration, and extent of said injuries is presently unknown to Plaintiff,
24 but she is informed and believes and thereon alleges that some if not all of the injuries are
25 reasonably certain to be permanent in character.
26 97. Plaintiff
Preview
1 Rene Potter, SBN 301971 POTTER HANDY LLP 2 100 Pine Street, Suite 1250 3 San Francisco, CA 94111 Phone: (415) 534-1911; Fax: (888) 422-5191 4 Email: renep@potterhandy.com 5 Attorneys for PLAINTIFF SELAH TERWILLIGER 6 7 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 SELAH TERWILLIGER, an individual, CASE NO. _______________________ 12 13 Plaintiff, [UNLIMITED] COMPLAINT FOR DAMAGES 14 vs. 1. Discrimination based on Disability in 15 SUMMIT FUNDING, INC., a California Violation of Cal. Gov’t Code § Corporation; and DOES 1-100, inclusive, 12940(a) 16 17 Defendant(s). 2. Sexual Harassment – Hostile Work Environment in Violation of Cal. 18 Gov’t Code § 12940(j) 19 3. Failure to Accommodate Disability in 20 Violation of Cal. Gov’t Code § 12940(m) 21 22 4. Retaliation for requesting Disability- Related Accommodation in violation 23 of Cal. Gov’t Code § 12940(h) 24 5. Failure to Prevent Discrimination, 25 Harassment, and Retaliation from 26 Occurring in Violation of Cal. Gov’t § 12940(k) 27 28 1 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 6. Violation of the California Family Rights Act (Cal. Gov’t Code § 2 12945.2) 3 7. Violation of Cal. Lab. Code § 233(c) 4 5 8. Retaliation in Violation Cal. Labor Code § 1102.5(b) 6 7 9. Wrongful Constructive Termination in Violation of Public Policy 8 9 10. Negligent Supervision and Retention of Employees 10 DEMAND FOR JURY TRIAL 11 12 13 Plaintiff, SELAH TERWILLIGER, an individual, on information and belief, makes the following allegations to support her unverified complaint. 14 15 JURISDICTION AND VENUE 16 1. This Court has personal jurisdiction over the Defendants because they are 17 residents of and/or are doing business in the State of California. 18 2. Venue is proper in this county in accordance with Section 395(a) of the California 19 Code of Civil Procedure because the Defendants, or some of them, reside in Sacramento County 20 and/or the alleged wrongs occurred in the county. Venue is further proper in this county pursuant 21 to Cal. Gov’t Code § 12965(b) because the alleged wrongs occurred in the County of Sacramento, and it is the county where Plaintiff would have worked but for the unlawful 22 practices of Defendants. Venue is also proper in this county because it was the county where 23 Plaintiff was paid. 24 3. Further, Plaintiff’s claims of negligent supervision and retention of employees 25 and wrongful constructive termination are timely, because Plaintiff has filed her claims within 26 two years of the effective date of her resignation, April 7, 2022. The statute of limitations of the 27 aforesaid claims falls on a Sunday, April 7, 2024. Therefore, Plaintiff’s statute of limitations is 28 tolled to and includes Monday, April 8, 2024, which is the next business day after April 7, 2024. 2 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 NATURE OF ACTION 2 4. This action arises out of Defendant’s violations of the Fair Employment & 3 Housing Act (“FEHA”) (Cal. Gov’t Code § 12940, et seq.), specifically, discrimination based 4 on disability, sexual harassment, retaliation for engaging in protected activities, denial of a work environment free from discrimination, harassment, and retaliation, and failure to prevent 5 discrimination, harassment, and retaliation from occurring; retaliation in violation of California 6 Family Rights Act and California Labor Code §§ 233 and 1102.5; negligent supervision and 7 retention of an employee, wrongful constructive termination in violation of public policy, and 8 intentional infliction of emotional distress. Defendants discriminated against, harassed, and 9 retaliated against Plaintiff, and ultimately terminated her employment for engaging in protected 10 activities, all of which caused her emotional distress. By their actions, Plaintiff is seeking 11 damages, attorneys’ fees and costs; and injunctive relief pursuant to the claims alleged in her 12 unverified complaint for damages. 13 PLAINTIFF 14 5. Plaintiff SELAH TERWILLIGER, an individual, is a thirty-one (31) year old 15 female. Plaintiff is, and at all relevant times mentioned herein was, a resident of the State of 16 California, County of Sacramento. Plaintiff is, and at all relevant times was, a member of a 17 protected class of persons within the meaning of the California Fair Employment and Housing Act and an Employee under the California Labor Code and California Government Code. 18 6. At all relevant times herein, Plaintiff was employed by Defendants in 19 Sacramento, California from December 29, 2020, until her wrongful constructive termination on 20 April 7, 2022. 21 22 DEFENDANTS 23 7. Defendant SUMMIT FUNDING, INC. (“Summit”) is a California Corporation and is 24 licensed to do business in the State of California. Summit Funding, Inc. is a mortgage company 25 providing home loans and financing services in California. At all times mentioned herein, Summit Funding, Inc. was an “employer” of Plaintiff within the meaning of California 26 Government Code § 12926(d) of the California Fair Employment & Housing Act and the 27 California Labor Code and California Government Code. In doing the acts herein alleged, 28 Defendant’s employees, subcontractors, and agents acted within the course and scope of their 3 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 employment and agency with Summit Funding, Inc. and engaged in the acts alleged herein and/or 2 conducted, permitted, authorized, and/or ratified the conduct of its employees, subcontractors, 3 and agents, and is vicariously liable for the wrongful conduct of its employees, subcontractors, and agents alleged herein. 4 8. Defendants DOES 1 through 100, inclusive, are other possible Defendants responsible 5 for the wrongful conduct alleged herein. The true names and capacities of Defendants named 6 herein as DOES 1 through 100, inclusive, whether individual, corporate, associate, or otherwise, 7 are unknown to Plaintiff who therefore sues such Defendants by such fictitious names pursuant 8 to California Code of Civil Procedure § 474. Plaintiff is informed and believes that the DOE 9 Defendants are California residents. Plaintiff will amend her Complaint to show true names and 10 capacities when they have been determined. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that each Defendant DOE herein is in some manner 11 responsible for the discrimination based on her disability, and damages herein alleged. 12 9. Defendants SUMMIT FUNDING, INC. and DOES 1 through 100, inclusive, are 13 hereinafter referred to collectively as "Defendants" unless otherwise specifically identified. 14 10. Plaintiff is informed and believes and thereon alleges that each Defendant is, and 15 at all times mentioned was, the agent, employee or representative of each other Defendant. Each 16 Defendant, in doing the acts, or in omitting to act as alleged in this Demand, was acting within 17 the scope of his or her actual or apparent authority, or the alleged acts and omissions of each 18 Defendant as an agent were subsequently ratified and adopted by each other Defendant as a principal. 19 20 EXHAUSTION OF REMEDIES 21 11. On or about April 8, 2024, Plaintiff timely filed a complaint against Defendant 22 SUMMIT FUNDING, INC. with the California Civil Rights Department. On or about April 8, 23 2024, Plaintiff received a notice of case closure and right to sue from the California Civil Rights Department with respect to this Defendant. On or about April 8, 2024, Plaintiff served her 24 administrative complaint and the right to sue on Defendant. Plaintiff has therefore exhausted her 25 administrative remedies as to her claims under the Fair Employment & Housing Act. 26 27 28 4 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 FACTUAL ALLEGATIONS 2 12. Selah Terwilliger is a thirty-one-year-old woman and is a vulnerable individual 3 who has suffered unspeakable trauma and abuse during her life. As a result, Ms. Terwilliger 4 suffers from multiple mental health conditions including bipolar disorder, borderline personality disorder, and PTSD; all of which she disclosed to Summit Funding before her hire. Throughout 5 her employment, and to this day, Ms. Terwilliger experiences daily re-traumatization where she 6 has vivid flashbacks to the abuse she suffered. 7 13. On or about December 29, 2020, Summit Funding, Inc. hired Ms. Terwilliger as 8 a Marketing Coordinator II, otherwise known as a Marketing Specialist. 9 14. As a Marketing Specialist, Ms. Terwilliger’s job was to coordinate and implement 10 marketing programs and campaigns for the company. From the start, Ms. Terwilliger was tasked 11 with helping the company migrate to a new CRM. Following the migration, Ms. Terwilliger 12 managed the CRM platform as part of her duties. 13 15. Approximately four months after her hire, around spring 2021, Summit Funding 14 promoted Ms. Terwilliger to Marketing Systems Supervisor, where she was immediately tasked 15 with hiring and training six new employees to help manage the CRM with her. 16 16. Summit’s CRM had close to 600 users, which Ms. Terwilliger handled with skill 17 by working long days, training both her team and Summit’s sales force. There were twelve 18 people total on Summit’s Marketing team, and Ms. Terwilliger oversaw six of them. 19 17. Around May/June 2021, a couple of months after the CRM had been completely 20 migrated, the current Executive VP of Sales left Summit and took half of Summit’s marketing 21 team with him to another company. Ms. Terwilliger was offered a position at this company as 22 well, but she remained loyal to Summit and rejected the offer to stay and pick up the extra workload that her smaller team now had to bear. 23 24 18. Around the same time, Robyn Lavasser took over as the Executive VP of Sales. 25 19. One of the additional responsibilities Ms. Terwilliger personally took on after 26 Summit lost half of its marketing team was setting up events and retreats. She became the main run-of-show for Summit’s events. 27 28 5 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 20. In or around August 2021, Ms. Terwilliger reached out to all Branch Managers 2 who were attending an upcoming branch manager’s retreat to get their flight and hotel 3 information together. In the course of her duties, she spoke with Jack Satterlee, Summit Funding’s Vice President of Human Resources. After giving her the information she needed, Mr. 4 Satterlee ended the conversation by saying, “We should have a different discussion offline.” Ms. 5 Terwilliger agreed to speak with him, and afterwards they talked on the phone for a while and 6 texted. 7 21. Ms. Terwilliger was struggling with alcohol during this time. In addition, as Head 8 of Human Resources, Mr. Satterlee had access to Ms. Terwilliger’s records and knew or should 9 have known about her mental health diagnoses. 10 22. Mr. Satterlee started being flirtatious and inappropriate with Ms. Terwilliger on 11 their “offline phone call,” and guided Ms. Terwilliger towards a sexual relationship with him. 12 23. In or around September 2021, after flirtatious text messages, Mr. Satterlee sent 13 Ms. Terwilliger over thirty photos of himself where he was exposed in some way: shirtless, no 14 clothes, pictures of his genitals, etc. Ms. Terwilliger pretended to like the photos. She did not 15 know how to tell him no and turning him down never occurred to her given who he was in the 16 company. 17 24. Ms. Terwilliger’s bipolar disorder caused her to have frequent manic episodes, 18 which heavily influenced her actions and decisions regarding Mr. Satterlee. Mr. Satterlee never 19 should have propositioned Ms. Terwilliger, a married employee. Based on her difficult background, Ms. Terwilliger was susceptible to abuse, wanting the approval and care of an older 20 man. Mr. Satterlee was in a position of power and Ms. Terwilliger was shocked that he was 21 paying attention to her. He made her feel special. 22 25. As Mr. Satterlee got more comfortable with Ms. Terwilliger, his sexual advances 23 became more brazen at work. For example, starting around October 2021, while on Teams 24 Microsoft Meetings, he would tell Ms. Satterlee to expose her body to him while telling her that 25 he was stroking himself. Ms. Terwilliger would comply with his requests, and Mr. Satterlee 26 would touch himself a lot when they were in meetings and do things like take a photo of himself 27 holding his penis under his desk and text it to her while the meeting was occurring. 28 6 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 26. In or around October/November 2021, Mr. Satterlee drove to Ms. Terwilliger’s 2 apartment late at night and texted her that he was outside. Ms. Terwilliger had been drinking that 3 night. She walked out to his car, where Mr. Satterlee pleaded with her to give him oral sex. Ms. Terwilliger complied. As soon as it was done, Mr. Satterlee told her to get out of his car and 4 drove away. The last thing he said to her before he drove away was to tell her to look at how 5 much money he had in bitcoin. He was there for a total of approximately fifteen minutes. Ms. 6 Terwilliger felt used and like an object. Mr. Satterlee had taken advantage of her in front of her 7 home, and she felt gross. Afterwards, they never spoke about what happened in the car. 8 27. Also in or around October/November 2021, Ms. Terwilliger attended the Branch 9 Manager Retreat which Mr. Satterlee also attended. They had separate hotel rooms but ended up 10 having sexual intercourse in his hotel room. 11 28. After this, Mr. Satterlee and Ms. Terwilliger engaged in sexual acts together 12 approximately five to seven more times. Mr. Satterlee instructed Ms. Terwilliger to keep their 13 “relationship” private. 14 29. When Ms. Terwilliger engaged in sexual relations with Mr. Satterlee, he made 15 her feel as if her job was protected. He made her work life easier and provided Ms. Terwilliger 16 with benefits such as office equipment and lunches. He also gave her jewelry. 17 30. On approximately January 10-14, 2022, Ms. Terwilliger put on Summit 18 Funding’s company Sales and Marketing retreats. The Sales Retreat ran from January 10-12, 19 2022, and Ms. Terwilliger was responsible for most of the event. 20 31. On or about January 11, 2022, Mr. Satterlee attended the Sales Retreat for one 21 day to do a presentation. The night following his presentation, Mr. Satterlee and Ms. Terwilliger engaged in sexual intercourse. 22 23 32. The next day on or about January 12, 2022, Ms. Terwilliger was very busy since she was the Run-of-Show and Main Lead managing the entire event. The event ended around 24 3pm and she worked until about 5pm cleaning, locking up, and preparing for the following 25 morning. This marked the end of the sales retreat for the Loan officers. 26 33. On the evening of January 12, 2022, Ms. Terwilliger still had to complete work 27 on the CRM, so she changed into comfortable clothes, went down to the hotel lobby, sat in a far 28 7 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 corner, and worked on the CRM system off the clock. Afterwards, she went to her room and 2 went to sleep. She did not interact with anyone during this time. 3 34. On or about January 13, 2022, the first day of the Marketing Retreat began. Ms. 4 Terwilliger was not in charge of this Retreat but was required to attend. Robyn Lavasser, 5 Executive VP of Sales, ran this event. That day, during a Retreat session, Ms. Lavasser handed out several forms to the group to fill out. 6 7 35. The forms asked the group many personal questions that were inappropriate for an employer to ask, including the employees’ health, finances, family, religion, vacations, 8 fitness, etc. and how to improve yourself in the next year. 9 10 36. Thinking it was a private exercise, on the applicable part of the document, Ms. Terwilliger wrote down that she struggled with alcoholism and wanted to overcome it. However, 11 to her surprise, Ms. Lavasser then insisted that attendees share what they wrote down. Ms. 12 Terwilliger felt pressured and ended up sharing with the group about her struggles with alcohol. 13 Ms. Lavasser acted sympathetic and kind at that time. 14 37. On or about January 14, 2022, the Marketing Retreat ended around 5pm. When 15 Ms. Terwilliger got to her hotel room, she received a long text and had a short phone call with 16 Mr. Satterlee. In the text and phone call, Mr. Satterlee revealed that Ms. Lavasser had talked to 17 him and other Summit executives about Ms. Terwilliger. 18 38. Mr. Satterlee described in accurate detail what Ms. Terwilliger was wearing the 19 night before even though he had not been there. He was angry and told Ms. Terwilliger she was 20 “dumb” for saying things about being alcoholic. He told her that “everyone was talking about 21 her and what she was wearing,” that she was “an attention seeker” and that she “wanted men to be all over her”. He called her things that insinuated she was a slut. Finally, Mr. Satterlee shared 22 that Ms. Lavasser “told people” about the Marketing Retreat session and what Ms. Terwilliger 23 had said about her alcoholism and mental health, and that Ms. Lavasser said she should not be 24 saying such things. Ms. Terwilliger was blindsided because Ms. Lavasser was the one who had 25 insisted Ms. Terwilliger share what she wrote down. 26 39. On the evening of January 14, 2022, everyone who attended the Marketing 27 Retreat was supposed to go axe throwing together for a team building exercise. Despite being 28 the group leader, Ms. Lavasser did not attend. Ms. Terwilliger was very upset because she wanted 8 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 to speak with Ms. Lavasser about the sharing session and why Ms. Lavasser had talked about 2 her to Mr. Satterlee. Instead of attending her group event that night, Ms. Lavasser flew home. 3 40. Around late January 2022, Ms. Terwilliger had a meeting with Ms. Lavasser after 4 begging her for weeks to have one. At the meeting, Ms. Terwilliger discussed how she worked 5 80-hour weeks and had taken over multiple duties that were not hers, including planning the recent conference. She asked for a raise, and Ms. Lavasser objected because Ms. Terwilliger had 6 threatened to quit recently. Ms. Terwilleger explained that was because Ms. Lavasser told 7 everyone she had shared that she was an alcoholic and talked about her. 8 41. Ms. Lavasser ended up giving Ms. Terwilliger a small 2% raise but wrote, “As 9 long as Selah doesn’t threaten to quit again,” on Ms. Terwilliger’s performance evaluation. Ms. 10 Lavasser never addressed her inappropriate conversations about Ms. Terwilliger or her 11 inappropriate retreat activity that was the cause of Ms. Terwilliger sharing she was an alcoholic. 12 In addition, Ms. Lavasser’s tone and attitude towards Ms. Terwilliger had completely changed 13 compared to before the retreat. 14 42. Throughout February 2022, Ms. Terwilliger took steps to get admitted into a 15 alcohol rehab program. This required her to attend half-day therapy sessions and sometimes even 16 full day eight-hour therapy sessions, causing her to miss some work. 17 43. Around the end of February/early March 2022, Ms. Terwilliger took formal leave 18 to attend rehab, during which time she was not supposed to speak with anyone outside of rehab. 19 44. During her leave, around early March 2022, Summit improperly contacted Ms. 20 Terwilliger during rehab when her immediate supervisor, Sherry Booth, and Megan from HR 21 called her to tell her that she was being demoted. Ms. Booth told Ms. Terwilliger the reason for her demotion was because she was working with an out of network third party for data collection. 22 23 45. In reality, Summit was demoting Ms. Terwilliger in retaliation for being alcoholic and for using an accommodation in the form of time off to attend rehab. 24 25 46. As Marketing Supervisor, Ms. Terwilliger had worked with a man named Jerome for months. Jerome worked for a CRM mortgage company (Jungo) for database import. At some 26 point, Jerome resigned from Jungo but did not tell Ms. Terwilliger, and she continued to work 27 with him on Summit’s CRM through his Jungo email. When Summit found out Jerome no longer 28 9 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 worked at Jungo, they used it as an excuse to demote Ms. Terwilliger while she attended rehab 2 rather than simply correct the situation that Ms. Terwilliger had no knowledge of. 3 47. Up to this point, Ms. Terwilliger never reported on her relationship with Mr. 4 Satterlee because he was the VP of HR, and she knew that the complaint would be received by 5 him. She felt unsafe and stuck in her situation at work. However, when she was demoted for being an alcoholic and attending rehab, it was more than she could take. 6 7 48. Thus, in or around mid-March 2022, Ms. Terwilliger emailed Summit’s HR and set up a meeting, telling them she was ready to “talk about everything”. Ms. Terwilliger met with 8 Megan from HR and told her why she had shared she was alcoholic at the retreat, that Ms. 9 Lavasser had inappropriately talked about her appearance and alcoholism, her relationship with 10 Megan’s boss, Mr. Satterlee, and that she had not reported Mr. Satterlee previously because of 11 his position. Megan only said, “ok well I will review that.” Ms. Terwilliger felt like she was 12 talking to a wall. After that call with Megan, Ms. Terwilliger never heard from HR or Summit 13 again. 14 49. Feeling retaliated against and sick of the sexual harassment, Ms. Terwilliger felt 15 she had no choice but to resign and sent an email to Summit on March 27, 2022, stating that her 16 last day would be April 7, 2022 - her last day of rehab. Thus, after working for Summit Funding 17 for over two years, Ms. Terwilliger was demoted and forced to resign just seven months after being introduced to Mr. Satterlee, two months after Summit found out she was alcoholic, and 18 during her accommodation in the form of time off to attend rehab. 19 50. Mr. Satterlee used his position of authority to build trust with Ms. Terwilliger. He 20 gave her special attention, making her feel important at work by allowing her to bring items “up 21 the ladder” more, buying her work equipment, etc. Ms. Terwilliger was much younger than Mr. 22 Satterlee and did not know how to say no to him given his position of power in the company. 23 51. Ms. Terwilliger was proud of her job and position at Summit. While she was 24 struggling with alcohol use during her job, she was performing for Summit at a high level, 25 evident through her promotion, raise, and 80-hour work weeks. 26 52. Since resigning, Ms. Terwilliger has stayed sober, but has fallen back into a deep 27 depression due to her experiences at Summit Funding. Summit should have protected Ms. 28 Terwilliger from Mr. Satterlee and prevented Ms. Lavasser from asking employees to discuss 10 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 personal issues during a work conference. Summit also should have never contacted Ms. 2 Terwilliger during rehab and should not have demoted her. 3 53. Ms. Terwilliger’s experience at Summit has caused a regression in multiple areas 4 of personal progress in her life. She feels like she can no longer function and often feels suicidal 5 as she struggles to care for her 18-month, 3-year-old, and 4-year-old daughters with her husband. 6 FIRST CAUSE OF ACTION 7 Discrimination Based on Disability in Violation of Cal. Gov’t Code § 12940(a) 8 (Against All Defendants) 9 54. Plaintiff realleges and incorporated by reference, as though fully set forth herein, 10 each and every allegation set forth above. 11 55. Cal. Gov't Code § 12940(a) makes it an unlawful employment practice for any employer to discriminate against an employee and/or otherwise deny the employee the benefits 12 of employment because of their disability. 13 56. Under the Fair Employment and Housing Act, alcoholism is a recognized 14 disability that affects several major life functions. Cal. Gov't Code § 12940. Because Ms. 15 Terwilliger suffered from alcoholism, she is a person with a disability under the FEHA. 16 57. SUMMIT FUNDING, INC. is an employer doing business in the State of 17 California, with five or more employees and are therefore subject to the legal mandates of the 18 FEHA. Cal. Gov't Code § 12926(d). As such, SUMMIT FUNDING, INC. is required to refrain from treating employees with disabilities differently and adversely than other employees. 19 58. As more fully alleged herein and in violation of California Government Code § 20 12940, et seq., Defendant, and each of them, discriminated against Plaintiff in employment on 21 grounds that she had a disability. Plaintiff further alleges that her disability and need for 22 accommodations were substantial motivating reasons for Defendant to demote her, leading to 23 Plaintiff’s wrongful constructive termination. As alleged hereinabove, Ms. Terwilliger’s 24 colleagues subjected her to discrimination based on her disability, including by expressing 25 discriminatory remarks about or to Ms. Terwilliger’s alcoholism and the fact that she shared about it at a company retreat when the EVP asked her to. 26 59. Ms. Terwilliger was demoted in retaliation for being alcoholic and for taking time 27 off to attend rehab. Feeling retaliated against and sick of the sexual harassment, Ms. Terwilliger 28 felt she had no choice but to resign and sent an email to Summit on March 27, 2022, stating that 11 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 her last day would be at the end of April on her last day of rehab. Thus, after working for Summit 2 Funding for over two years, Ms. Terwilliger was demoted and forced to resign just seven months 3 after being introduced to Mr. Satterlee, two months after Summit found out she was alcoholic, and during her accommodation in the form of time off to attend rehab. 4 60. Plaintiff was subjected to discriminatory treatment based on her disability, despite 5 her excellent job performance, and was demoted when she took temporary leave as an 6 accommodation for her disability to attend rehab. Summit wrongfully constructively terminated 7 Ms. Terwilliger in continuation of the differential treatment towards her due to her disability. 8 61. Defendant, and each of them, therefore engaged in discrimination based on Ms. 9 Terwilliger’s disability in violation of Cal. Gov’t Code § 12940(a). Defendants further violated 10 Plaintiff’s rights to a discrimination-free work environment by failing to take all reasonable steps necessary to prevent discrimination from occurring as required by California Gov’t Code § 11 12940(k). 12 62. By aforesaid acts and omissions of Defendants, and each of them, Plaintiff has 13 been directly and legally caused to suffer actual damages including, but not limited to, loss of 14 earnings and future earning capacity, and other pecuniary loss not presently ascertained. 15 63. As a further direct and legal result of the acts and conduct of Defendants, and 16 each of them, as aforesaid, Plaintiff has been caused to and did suffer and continues to suffer 17 emotional and mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain, 18 discomfort and anxiety. The exact nature, duration, and extent of said injuries is presently unknown to Plaintiff, but she is informed and believes and thereon alleges that some if not all of 19 the injuries are reasonably certain to be permanent in character. 20 64. Plaintiff is informed and believes and thereon alleges that Defendants and their 21 managers, officers, and/or directors committed the acts alleged herein maliciously, fraudulently, 22 and oppressively, with the wrongful intention of injuring Plaintiff and acted with an improper 23 and evil motive amounting to malice or oppression, and in conscious disregard of Plaintiff’s 24 rights. Moreover, Defendants and their managers, officers, and/or directors authorized or ratified 25 the wrongful conduct of their employees and/or are personally guilty of oppression, fraud, or malice. As such, Plaintiff is entitled to recover punitive damages from Defendants in an amount 26 according to proof. Cal. Civ. Code §3294. 27 28 12 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 65. As a result of Defendant’s discriminatory acts as alleged herein, Plaintiff is 2 entitled to reasonable attorney’s fees and costs of suit as provided in Section 12965(b) of the 3 California Government Code. 4 SECOND CAUSE OF ACTION 5 Gender/Sexual Harassment – Hostile Work Environment in Violation of Cal. Gov’t Code 6 § 12940(j) 7 (Against All Defendants) 8 66. Plaintiff realleges and incorporates by reference, as though fully set forth herein, each and every allegation set forth above. 9 67. Cal. Gov’t Code § 12940(j)(1) makes it an unlawful employment practice for any 10 person to harass an employee based on sex/gender. If the harasser is a supervisor, the employer 11 is liable for the supervisor’s conduct. Harassment of an employee by an employee other than an 12 agent or supervisor shall be unlawful if the entity, or its agents or supervisors, knows or should 13 have known of this conduct and fails to take immediate and appropriate corrective action. 14 68. As alleged herein, starting around late 2021, Ms. Terwilliger was sexually 15 harassed based on her sex/gender by Head of Human Resources, Jack Satterlee. Mr. Satterlee’s 16 sexual advancements and acts towards Ms. Terwilliger were based on her sex/gender. Mr. Satterlee made inappropriate sexual comments, acts, sent lewd photos, and engaged in sexual 17 acts, including intercourse, with Ms. Terwilliger starting around August 2021 through her 18 resignation effective April 7, 2022. Mr. Satterlee gained access to Ms. Terwilliger through his 19 position at Summit, and took advantage of her, using his position of power, older age, and on 20 information and belief, knowledge about Ms. Terwilliger’s mental health issues. 21 69. Defendant, and each of them, therefore subjected Ms. Terwilliger to sexual 22 harassment and a hostile work environment on account of her gender/sex in violation of Cal. 23 Gov’t Code § 12940(j)(1). 70. By aforesaid acts and omissions of Defendant, and each of them, Plaintiff has 24 been directly and legally caused to suffer actual damages including, but not limited to, loss of 25 earnings and future earning capacity, and other pecuniary loss not presently ascertained. 26 71. As a further direct and legal result of the acts and conduct of Defendant, and each 27 of them, as aforesaid, Plaintiff has been caused to and did suffer and continues to suffer 28 emotional and mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain, 13 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 discomfort and anxiety. The exact nature, duration, and extent of said injuries is presently 2 unknown to Plaintiff, but she is informed and believes and thereon alleges that some if not all of 3 the injuries are reasonably certain to be permanent in character. 72. Plaintiff is informed and believes and thereon alleges that Defendant and their 4 managers, officers, and/or directors committed the acts alleged herein maliciously, fraudulently, 5 and oppressively, with the wrongful intention of injuring Plaintiff and acted with an improper 6 and evil motive amounting to malice or oppression, and in conscious disregard of Plaintiff’s 7 rights. Moreover, Defendant and their managers, officers, and/or directors authorized or ratified 8 the wrongful conduct of their employees and/or are personally guilty of oppression, fraud, or 9 malice. As such, Plaintiff is entitled to recover punitive damages from Defendants in an amount 10 according to proof. Cal. Civ. Code §3294. 73. As a result of Defendant’s harassing and illegal acts as alleged herein, Plaintiff is 11 entitled to reasonable attorney’s fees and costs of suit as provided in Section 12965(b) of the 12 California Government Code. 13 14 THIRD CAUSE OF ACTION 15 Failure to Accommodate Disability in Violation of Cal. Gov’t Code § 12940(m) 16 (Against All Defendants) 17 74. Plaintiff realleges and incorporates by reference, as though fully set forth herein, 18 each and every allegation set forth above. 19 75. Pursuant to G.C. §12940(m), it is unlawful for an employer to deny a request for 20 a reasonable accommodation for a known physical or mental disability. 21 76. As more fully alleged herein, Plaintiff suffered from alcoholism, which ultimately 22 required her to use an accommodation in the form of temporary leave to attend rehab. A mental 23 disability under the FEHA includes but is not limited to having any mental or psychological 24 disorder or condition that limits a major life activity and includes a history or record of a mental 25 or psychological disorder or condition described in paragraph (1) or (2) of Cal. Govt. Code § 26 12926 (j), which is known to the employer. Cal. Govt. Code § 12926. Therefore, Ms. Terwilliger is a person with a disability under the FEHA, and Defendant was required under the law to 27 provide a reasonable accommodation for Ms. Terwilliger’s disability. 28 14 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 77. As alleged hereinabove, Defendant became aware of Plaintiff’s disability 2 (alcoholism) at a company retreat around January 13, 2022, as a direct result of Ms. Lavasser’s 3 inappropriate questionnaires which violated Ms. Terwilliger’s privacy. 4 78. While Ms. Terwilliger was grated leave around February/March 2022 to attend 5 rehab and receive treatment for her disability, she was not accommodated under the law, because Summit retaliated against based on her disability and need for accommodation by creating a 6 record against her, contacting her during rehab, and demoting her while she was on protected 7 leave. 8 79. Plaintiff’s disability and need for reasonable accommodation were substantial 9 motivating factors for Defendant’s decision to demote Plaintiff. All Defendant had to do was 10 prevent any retaliation or harassment against Plaintiff after Plaintiff started her accommodation 11 in the form of short-term leave. Instead, Defendant contacted Ms. Terwilliger during her leave 12 for the purpose of demoting her. The proffered reason for demotion was pretext, and ultimately 13 led to her wrongful constructive termination. Defendant further violated Plaintiff’s rights to a 14 discrimination and retaliation free work environment by failing to take all reasonable steps 15 necessary to prevent discrimination and retaliation from occurring as required by California Government Code § 12940(k). 16 17 80. By failing to provide a reasonable accommodation to Plaintiff for her disability, notwithstanding the lack of hardship, Defendant violated Cal. Gov’t Code § 12940(m). 18 19 81. By aforesaid acts and omissions of Defendant, Plaintiff has been directly and legally caused to suffer actual damages including, but not limited to, loss of earnings and future 20 earning capacity, and other pecuniary loss not presently ascertained. 21 82. As a further direct and legal result of the acts and conduct of Defendant, as 22 aforesaid, Plaintiff has been caused to and did suffer and continues to suffer emotional and 23 mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain, discomfort and 24 anxiety. The exact nature, duration, and extent of said injuries is presently unknown to Plaintiff, 25 but she is informed and believes and thereon alleges that some if not all of the injuries are 26 reasonably certain to be permanent in character. 27 83. Plaintiff is informed and believes and thereon alleges that Defendant and their 28 managers, officers, and/or directors committed the acts alleged herein maliciously, fraudulently, 15 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 and oppressively, with the wrongful intention of injuring Plaintiff and acted with an improper 2 and evil motive amounting to malice or oppression, and in conscious disregard of Plaintiff's 3 rights. Moreover, Defendant and their managers, officers, and/or directors authorized or ratified the wrongful conduct of their employees and/or are personally guilty of oppression, fraud, or 4 malice. As such, Plaintiff is entitled to recover punitive damages from Defendant in an amount 5 according to proof. Cal. Civ. Code §3294. 6 84. As a result of Defendant’s retaliatory and discriminatory acts as alleged herein, 7 Plaintiff is entitled to reasonable attorney’s fees and costs of suit as provided in Section 12965(b) 8 of the California Government Code. 9 10 FOURTH CAUSE OF ACTION 11 Retaliation Based on Disability in Violation of Cal. Gov’t Code § 12940(l)(4) 12 (Against All Defendants) 85. Plaintiff realleges and incorporates by reference, as though fully set forth herein, 13 each and every allegation above. 14 86. Gov’t Code Section 12940(l)(4) makes it unlawful for an employer to retaliate or 15 otherwise discriminate against a person for requesting an accommodation for a disability. 16 87. Defendant retaliated against Plaintiff in her employment on the grounds that she 17 suffered from a disability and needed temporary accommodations in the form of leave to receive 18 treatment and recover. In retaliation for having a disability that required accommodations in the 19 form of leave, Summit retaliated against Ms. Terwilliger and looked for things to create a record 20 against her to justify demoting her. 21 88. As more fully alleged herein, as head of Human Resources, Mr. Satterlee, Ms. 22 Terwilliger’s harasser, had access to Ms. Terwilliger’s records and knew or should have known 23 about her mental health diagnoses. Ms. Terwilliger’s bipolar disorder caused her to have frequent 24 manic episodes which heavily influenced her actions and decisions regarding Jack Satterlee. Mr. 25 Satterlee never should have propositioned Ms. Terwilliger, a married subordinate employee. 26 Based on her difficult background, Ms. Terwilliger was susceptible to abuse, wanting the approval and care of an older man. Mr. Satterlee was in a position of power and Ms. Terwilliger 27 was shocked that he was paying attention to her. He made her feel special. During the course of 28 Plaintiff’s employment, Mr. Satterlee started being flirtatious and inappropriate with Ms. 16 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 Terwilliger and guided Ms. Terwilliger into a sexual relationship with him, including sending 2 her nude photos of himself. Defendant had or should have had knowledge of Mr. Satterlee’s 3 sexual harassment towards Ms. Terwilliger. Yet, Defendant failed to start an investigation, take action against Plaintiff’s harasser, or attempt to remedy the hostile work environment even after 4 she reported the sexual relationship with Mr. Satterlee in or around mid-March 2022. 5 89. Additionally, Robyn Lavasser, Summit’s Executive VP of Sales also 6 discriminated and retaliated against Ms. Terwilliger due to her disability. During a marketing 7 retreat, Ms. Lavasser handed out several forms for the attending group of employees to fill out. 8 The forms asked the employees many personal questions that were inappropriate for an employer 9 to ask, including about employees’ health, finances, family, religion, vacations, fitness, etc. and 10 how to improve yourself in the next year. Thinking it was a private exercise, Ms. Terwilliger 11 wrote down that she struggled with alcoholism and wanted to overcome it. However, to her 12 surprise, Ms. Lavasser insisted that attendees share what they wrote down. Ms. Terwilliger felt 13 pressured and ended up sharing with the group about her struggles with alcohol. Ms. Lavasser acted sympathetic and kind at that time. When the Marketing Retreat ended, Ms. Terwilliger 14 found out that Ms. Lavasser had talked to Mr. Satterlee and other Summit executives about Ms. 15 Terwilliger. 16 90. Shortly before her wrongful constructive termination, Ms. Terwilliger had an 17 appraisal meeting with Ms. Lavasser after begging her for weeks to have one. Ms. Terwilliger 18 discussed how she worked 80-hour weeks and had taken over multiple duties that were not hers, 19 including planning the recent conference. She asked for a raise, and Ms. Lavasser objected 20 because Ms. Terwilliger had threatened to quit recently. Ms. Terwilliger explained that was because Ms. Lavasser told everyone she had shared that she was an alcoholic and talked about 21 her appearance to Summit executives. 22 91. Ms. Lavasser ended up giving Ms. Terwilliger a small 2% raise but wrote, “As 23 long as Selah doesn’t threaten to quit again,” on Ms. Terwilliger’s performance evaluation. Ms. 24 Lavasser never addressed her inappropriate conversations about Ms. Terwilliger or her 25 inappropriate conference activity that was the cause of Ms. Terwilliger sharing that she was an 26 alcoholic. In addition, Ms. Lavasser’s tone and attitude towards Ms. Terwilliger had completely 27 changed compared to before the conference. 28 17 [UNLIMITED] COMPLAINT FOR DAMAGES – DEMAND FOR JURY TRIAL 1 92. Throughout February 2022, Ms. Terwilliger took steps to get admitted into a 2 rehab program. This required her to attend half day therapy sessions, and sometimes even full 8- 3 hour therapy sessions. Around the end of February/early March 2022, Ms. Terwilliger took formal leave to attend rehab, where she was supposed to not contact anyone. 4 5 93. During her leave, around early March 2022, Summit improperly contacted Ms. Terwilliger when her immediate supervisor, Sherry Booth, and Megan from HR called her to tell 6 her that she was being demoted. Ms. Booth told Ms. Terwilliger the reason for her demotion was 7 because she was working with an out of network third party for data collection. In reality, 8 Summit demoted Ms. Terwilliger in retaliation for being alcoholic, telling employees about it at 9 Ms. Lavasser’s instruction, and for using an accommodation in the form of time off to attend 10 rehab. 11 94. On or about March 27, 2022, Ms. Terwilliger submitted a letter of resignation, 12 stating it would be effective April 7, 2022, due to the sexual harassment, retaliation, and 13 discrimination she had been subjected to during her employment with Summit. Defendant 14 intentionally created or knowingly permitted the discriminatory, retaliatory, and hostile work 15 environment to continue. Additionally, Defendant failed to take all reasonable steps to prevent discrimination, harassment, and retaliation from occurring against Ms. Terwilliger. Instead, 16 Defendant demoted her on a pretext while she was on protected leave. 17 95. By aforesaid acts and omissions of Defendants, Plaintiff has been directly and 18 legally caused to suffer actual damages including, but not limited to, loss of earnings and future 19 earning capacity, and other pecuniary loss not presently ascertained. 20 96. As a further direct and legal result of the acts and conduct of Defendant, as 21 aforesaid, Plaintiff has been caused to and did suffer and continues to suffer emotional and 22 mental distress, trauma, anguish, humiliation, embarrassment, fright, shock, pain, discomfort and 23 anxiety. The exact nature, duration, and extent of said injuries is presently unknown to Plaintiff, 24 but she is informed and believes and thereon alleges that some if not all of the injuries are 25 reasonably certain to be permanent in character. 26 97. Plaintiff