Preview
history of a serious medical condition so that they would not have to pay O'Brien full lifetime
2 retirement benefit or medical coverage.
O'Brien was the most senior analyst at the time of her termination. She was also the
4 oldest analyst and had the highest salary of any analyst employed. Following O'Brien's termination,
Defendants proceeded to hire a younger analyst to replace O'Brien. To date there has not been a
5
6 reduction in the workforce, on the contrary, they are still actively working to fill analyst and senior
7 analyst positions.
O'Brien was not terminated, in August 2020 she would have been eligible for the
9 full lifetime retirement benefit. O'Brien was discriminated against because of her age and medical
condition. O'Brien was set up to denied promotion, ostracized and ultimately terminated.
11 O'Brien's date of birth is August 12, 1955.
Defendant the Board of Trustees of the California State University is a public
13 employer doing business in the State of California and an employer within the meaning of all
14 applicable statutes. Defendant the Board of Trustees of the California State University has over I 000
15 employees. The events giving rise to these claims occurred in Butte County, California.
6. Defendant Chico State Enterprises (Formerly the CSU, Chico Research Foundation)
17 is a non-profit corporation doing business in the State of California and an employer within the
18 meaning of all applicable statutes. Defendant Chico State Enterprises has over 35 employees. The
19 events giving rise to these claims occurred in Butte County, California. The CSU, Chico Research
20 Foundation was renamed Chico State Enterprises in June of 2019.
The true names and capacities of the Defendants named herein as DOES I through
22 I 0, inclusive, whether individual, corporate, associate or otherwise are unknown to O'Brien who
23 therefore sues such Defendants by fictitious names. O'Brien is informed and believes that the DOE
24 Defendants are responsible in some manner for the occurrences herein alleged and that the aforesaid
25 Defendants proximately caused O'Brien's injuries. O'Brien will amend this complaint to show such
26 true names and capacities when they have been determined.
III
III
FlRST AMENDED COMPLAINT FOR DAMAGES
O'Brien is informed and believes, and hereby alleges that each of the Defendants
2 herein were at all times relevant hereto the agents, employees or representatives and/or joint ventures
3 of the remaining Defendants, and were acting at least in part within the course and scope of such
4 relationship. O'Brien is further informed and believes, and thereon alleges, that each of the
5 Defendants herein gave consent to, ratified, and authorized the acts alleged herein to each of the
6 remaining Defendants.
O'Brien's Exhaustion of Administrative Remedies
O'Brien filed her Complaint with the Equal Employment Opportunity Commission
9 on on December 17, 2019 alleging discrimination and harassment and received her right
to sue from the EEOC on March 9, 2020.
O'Brien filed her Complaint with the Department of Fair Employment and Housing
12 "DFEH" alleging discrimination, harassment and retaliation and received her right to sue from the
13 DFEH on May 6, 2020.
FIRST CAUSE OF ACTION
Disability Discrimination (Fair Employment and Housing Act "FEHA")
Cal. Gov. Code §12940(a) et seq.
(Against All Defendants )
O'Brien hereby incorporates by reference each and every allegation contained above
18 as though fully set forth herein.
O'Brien is a cancer survivor. Defendants were aware of O'Brien's history of cancer
20 prior to being terminated. It was that diagnosis that substantially motivated the adverse acts.
O'Brien's cancer diagnosis was a motivating reason for the Defendants' decision to
22 deny O'Brien promotions and ultimately to terminate her. Defendants' decision to take the adverse
23 actions against O'Brien including, but not limited to those described in the preceding paragraphs,
24 were wanton, willful and intentional, and were committed with malicious and reckless disregard for
25 the rights and sensibilities of O'Brien.
As a direct and proximate result of the aforesaid discrimination based on O'Brien's
27 cancer diagnosis and ultimate denial of promotion and discharge, O'Brien has sustained harm
28 including but not limited to loss of wages and emotional distress. Said emotional distress has caused
FIRST AMENDED COMPLAINT FOR DAMAGES
1 and continues to cause O'Brien great mental, emotional, physical and nervous pain and suffering.
2 As a proximate result of Defendants' willful, intentional and malicious conduct, O'Brien suffered
3 great emotional disturbance and shock and injury to their respective nervous systems, all of which
4 caused, continues to cause, and will cause O'Brien severe mental pain and suffering all to their
5 damage according to proof.
WHEREFORE, O'Brien requests relief as hereinafter provided.
SECOND CAUSE OF ACTION
Age Discrimination
(Violation of the Fair Employment & Housing Act)
(Against All Defendants )
O'Brien hereby incorporates by reference each and every allegation contained above
11 as though fully set forth herein.
The adverse acts taken against O'Brien include, but are not limited to: denials of
13 promotion and ultimately termination and other similar adverse acts where taken substantially
14 motivated by O'Brien's age.
The adverse acts and/or omissions of Defendants as described above were done on
16 account of O'Brien's age. Defendants, and each of them, have a pattern practice of discriminating
17 against older employees. O'Brien was replaced by someone significantly younger.
As a result of the aforementioned conduct alleged herein, O'Brien has suffered, and
19 continues to suffer, humiliation, anxiety, mental anguish, emotional distress and loss of earning
20 capacity.
As a proximate result of Defendants' willful, intentional and malicious conduct,
22 O'Brien suffered great emotional disturbance and shock and injury to their respective nervous
23 systems, all of which caused, continues to cause, and will cause O'Brien severe mental pain and
24 suffering all to their damage according to proof.
O'Brien has suffered and continues to suffer irreparable and other injury as a direct
26 and legal result of the actions of defendant including severe anxiety, physical ailments directly
27 attributable to stress and other emotional trauma.
28 ///
FIRST AMENDED COMPLAINT FOR DAMAGES
As a further legal result of Defendant's conduct, O'Brien has lost wages, her future
2 earning capacity is impaired, and she will thus sustain loss of income and earnings in the future due
3 to said impairment. The exact amount of O'Brien's impairment of future income and earnings is
4 unknown at the present time and is to be determined according to proof at the time of trial.
THIRD CAUSE OF ACTION
Retaliation Under the California Family Rights Act ("CFRA")
(Cal. Gov't. Code § 12945.2)
O'Brien hereby incorporates by reference each and every allegation contained above
8 as though fully set forth herein.
O'Brien required protective medical leave under CFRA during her employment,
including approximately one month before the decision was made to lay Plaintiff off.
As a result of Plaintiffs use of CFRA leave, Defendants took adverse acts against
12 her, including, but not limited to, laying her off.
As a result of the aforementioned conduct alleged herein, Plaintiff has suffered, and
14 continues to suffer, humiliations, anxiety, mental anguish, emotional distress and loss of past wages
15 and future earning capacity,
As a proximate result of Defendants' willful, intentional and malicious indifference,
17 Plaintiff suffered and continues to suffer extreme mental and emotional distress. Plaintiff therefore
18 is entitled to an award of general and special damages against Defendants.
Plaintiff has suffered and continues to suffer irreparable and other injury as a direct
20 and legal result of actions of Defendant including severe anxiety, physical ailments directly
21 attributable to stress and other emotional trauma.
FOURTH CAUSE OF ACTION
Failure to Prevent
(Violation of Government Code §12940(k))
(Against All Defendants)
O'Brien hereby incorporates by reference each and every allegation contained above
as though fully set forth herein.
Defendants were put on notice of the illegal behavior of its employees, supervisors
28 and managers against O'Brien. Rather than take immediate corrective action as is required under
FIRST AMENDED COMPLAINT FOR DAMAGES
Defendants ignored the behavior and ignored O'Brien, in fact took steps to cover
and supervisors'
As a direct and conduct of
and will including but not necessarily
wages and stock options and bonuses,
medical costs and expenses all an amount to be determined according to at trial.
further, direct proximate result of the conduct of Defendants, and each
them, O'Brien has will continue general damages, including
emotional distress. O'Brien sustained great emotional and injury her nervous
system, all caused and continues to cause O'Brien physical and
in an amount to be determined to proof at trial.
of Defendants willful, and malicious conduct,
and continues to suffer extreme
O'Brien prays judgment as specifically set forth
For special according to
attorneys' fees;
other and future relief as the may deem just
January 5, LAW OFFICES OF JILL
orney for Plaintiff,
FIRST AMENDED COMPLAINT FOR
PROOF OF SERVICE
O'Brien v. Board of Trustees of State University, et al.
COURT: Superior Court of California, County of Butte
CASE NO.: 20CV01050
I, the undersigned, am employed in the of Sacramento, State of California.
over the age of eighteen years and not a party to the within-entitled action. My business address
Street, Suite 200, Sacramento, CA 95814.
am readily familiar practice for collection and processing of
for mailing with the States Postal Service. On the date
following documents by:
FIRST AMENDED COMPLAINT FOR DAMAGES
Facsimile, and,
[X
a true copy thereof in a sealed thereon fully prepaid
in the designated area for outgoing and addressed as below. Said
will be with the U.S. Postal Service at Sacramento,
on this date in the ordinary that upon motion of a
shall be assumed invalid if the postal date or postage
date on the is more than one day after date of deposit for
mailing as contained in this declaration.
[ ] Hand delivery.
17 Addressed as follows:
Derek Haynes,
Attorneys for Defendants THE BOARD
Suite 200
OF TRUSTEES OF THE CALIFORNIA
STATE UNIVERSITY, CHICO STATE
Sacramento, CA 95825
Telephone: (916) 929-1481
Facsimile: (916) 927-3706
penalty of petjury that the true and correct. Executed
January 5, 2021, at Sacramento, California.
AMENDED COMPLAINT FOR DAMAGES
Preview
history of a serious medical condition so that they would not have to pay O'Brien full lifetime 2 retirement benefit or medical coverage. O'Brien was the most senior analyst at the time of her termination. She was also the 4 oldest analyst and had the highest salary of any analyst employed. Following O'Brien's termination, Defendants proceeded to hire a younger analyst to replace O'Brien. To date there has not been a 5 6 reduction in the workforce, on the contrary, they are still actively working to fill analyst and senior 7 analyst positions. O'Brien was not terminated, in August 2020 she would have been eligible for the 9 full lifetime retirement benefit. O'Brien was discriminated against because of her age and medical condition. O'Brien was set up to denied promotion, ostracized and ultimately terminated. 11 O'Brien's date of birth is August 12, 1955. Defendant the Board of Trustees of the California State University is a public 13 employer doing business in the State of California and an employer within the meaning of all 14 applicable statutes. Defendant the Board of Trustees of the California State University has over I 000 15 employees. The events giving rise to these claims occurred in Butte County, California. 6. Defendant Chico State Enterprises (Formerly the CSU, Chico Research Foundation) 17 is a non-profit corporation doing business in the State of California and an employer within the 18 meaning of all applicable statutes. Defendant Chico State Enterprises has over 35 employees. The 19 events giving rise to these claims occurred in Butte County, California. The CSU, Chico Research 20 Foundation was renamed Chico State Enterprises in June of 2019. The true names and capacities of the Defendants named herein as DOES I through 22 I 0, inclusive, whether individual, corporate, associate or otherwise are unknown to O'Brien who 23 therefore sues such Defendants by fictitious names. O'Brien is informed and believes that the DOE 24 Defendants are responsible in some manner for the occurrences herein alleged and that the aforesaid 25 Defendants proximately caused O'Brien's injuries. O'Brien will amend this complaint to show such 26 true names and capacities when they have been determined. III III FlRST AMENDED COMPLAINT FOR DAMAGES O'Brien is informed and believes, and hereby alleges that each of the Defendants 2 herein were at all times relevant hereto the agents, employees or representatives and/or joint ventures 3 of the remaining Defendants, and were acting at least in part within the course and scope of such 4 relationship. O'Brien is further informed and believes, and thereon alleges, that each of the 5 Defendants herein gave consent to, ratified, and authorized the acts alleged herein to each of the 6 remaining Defendants. O'Brien's Exhaustion of Administrative Remedies O'Brien filed her Complaint with the Equal Employment Opportunity Commission 9 on on December 17, 2019 alleging discrimination and harassment and received her right to sue from the EEOC on March 9, 2020. O'Brien filed her Complaint with the Department of Fair Employment and Housing 12 "DFEH" alleging discrimination, harassment and retaliation and received her right to sue from the 13 DFEH on May 6, 2020. FIRST CAUSE OF ACTION Disability Discrimination (Fair Employment and Housing Act "FEHA") Cal. Gov. Code §12940(a) et seq. (Against All Defendants ) O'Brien hereby incorporates by reference each and every allegation contained above 18 as though fully set forth herein. O'Brien is a cancer survivor. Defendants were aware of O'Brien's history of cancer 20 prior to being terminated. It was that diagnosis that substantially motivated the adverse acts. O'Brien's cancer diagnosis was a motivating reason for the Defendants' decision to 22 deny O'Brien promotions and ultimately to terminate her. Defendants' decision to take the adverse 23 actions against O'Brien including, but not limited to those described in the preceding paragraphs, 24 were wanton, willful and intentional, and were committed with malicious and reckless disregard for 25 the rights and sensibilities of O'Brien. As a direct and proximate result of the aforesaid discrimination based on O'Brien's 27 cancer diagnosis and ultimate denial of promotion and discharge, O'Brien has sustained harm 28 including but not limited to loss of wages and emotional distress. Said emotional distress has caused FIRST AMENDED COMPLAINT FOR DAMAGES 1 and continues to cause O'Brien great mental, emotional, physical and nervous pain and suffering. 2 As a proximate result of Defendants' willful, intentional and malicious conduct, O'Brien suffered 3 great emotional disturbance and shock and injury to their respective nervous systems, all of which 4 caused, continues to cause, and will cause O'Brien severe mental pain and suffering all to their 5 damage according to proof. WHEREFORE, O'Brien requests relief as hereinafter provided. SECOND CAUSE OF ACTION Age Discrimination (Violation of the Fair Employment & Housing Act) (Against All Defendants ) O'Brien hereby incorporates by reference each and every allegation contained above 11 as though fully set forth herein. The adverse acts taken against O'Brien include, but are not limited to: denials of 13 promotion and ultimately termination and other similar adverse acts where taken substantially 14 motivated by O'Brien's age. The adverse acts and/or omissions of Defendants as described above were done on 16 account of O'Brien's age. Defendants, and each of them, have a pattern practice of discriminating 17 against older employees. O'Brien was replaced by someone significantly younger. As a result of the aforementioned conduct alleged herein, O'Brien has suffered, and 19 continues to suffer, humiliation, anxiety, mental anguish, emotional distress and loss of earning 20 capacity. As a proximate result of Defendants' willful, intentional and malicious conduct, 22 O'Brien suffered great emotional disturbance and shock and injury to their respective nervous 23 systems, all of which caused, continues to cause, and will cause O'Brien severe mental pain and 24 suffering all to their damage according to proof. O'Brien has suffered and continues to suffer irreparable and other injury as a direct 26 and legal result of the actions of defendant including severe anxiety, physical ailments directly 27 attributable to stress and other emotional trauma. 28 /// FIRST AMENDED COMPLAINT FOR DAMAGES As a further legal result of Defendant's conduct, O'Brien has lost wages, her future 2 earning capacity is impaired, and she will thus sustain loss of income and earnings in the future due 3 to said impairment. The exact amount of O'Brien's impairment of future income and earnings is 4 unknown at the present time and is to be determined according to proof at the time of trial. THIRD CAUSE OF ACTION Retaliation Under the California Family Rights Act ("CFRA") (Cal. Gov't. Code § 12945.2) O'Brien hereby incorporates by reference each and every allegation contained above 8 as though fully set forth herein. O'Brien required protective medical leave under CFRA during her employment, including approximately one month before the decision was made to lay Plaintiff off. As a result of Plaintiffs use of CFRA leave, Defendants took adverse acts against 12 her, including, but not limited to, laying her off. As a result of the aforementioned conduct alleged herein, Plaintiff has suffered, and 14 continues to suffer, humiliations, anxiety, mental anguish, emotional distress and loss of past wages 15 and future earning capacity, As a proximate result of Defendants' willful, intentional and malicious indifference, 17 Plaintiff suffered and continues to suffer extreme mental and emotional distress. Plaintiff therefore 18 is entitled to an award of general and special damages against Defendants. Plaintiff has suffered and continues to suffer irreparable and other injury as a direct 20 and legal result of actions of Defendant including severe anxiety, physical ailments directly 21 attributable to stress and other emotional trauma. FOURTH CAUSE OF ACTION Failure to Prevent (Violation of Government Code §12940(k)) (Against All Defendants) O'Brien hereby incorporates by reference each and every allegation contained above as though fully set forth herein. Defendants were put on notice of the illegal behavior of its employees, supervisors 28 and managers against O'Brien. Rather than take immediate corrective action as is required under FIRST AMENDED COMPLAINT FOR DAMAGES Defendants ignored the behavior and ignored O'Brien, in fact took steps to cover and supervisors' As a direct and conduct of and will including but not necessarily wages and stock options and bonuses, medical costs and expenses all an amount to be determined according to at trial. further, direct proximate result of the conduct of Defendants, and each them, O'Brien has will continue general damages, including emotional distress. O'Brien sustained great emotional and injury her nervous system, all caused and continues to cause O'Brien physical and in an amount to be determined to proof at trial. of Defendants willful, and malicious conduct, and continues to suffer extreme O'Brien prays judgment as specifically set forth For special according to attorneys' fees; other and future relief as the may deem just January 5, LAW OFFICES OF JILL orney for Plaintiff, FIRST AMENDED COMPLAINT FOR PROOF OF SERVICE O'Brien v. Board of Trustees of State University, et al. COURT: Superior Court of California, County of Butte CASE NO.: 20CV01050 I, the undersigned, am employed in the of Sacramento, State of California. over the age of eighteen years and not a party to the within-entitled action. My business address Street, Suite 200, Sacramento, CA 95814. am readily familiar practice for collection and processing of for mailing with the States Postal Service. On the date following documents by: FIRST AMENDED COMPLAINT FOR DAMAGES Facsimile, and, [X a true copy thereof in a sealed thereon fully prepaid in the designated area for outgoing and addressed as below. Said will be with the U.S. Postal Service at Sacramento, on this date in the ordinary that upon motion of a shall be assumed invalid if the postal date or postage date on the is more than one day after date of deposit for mailing as contained in this declaration. [ ] Hand delivery. 17 Addressed as follows: Derek Haynes, Attorneys for Defendants THE BOARD Suite 200 OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, CHICO STATE Sacramento, CA 95825 Telephone: (916) 929-1481 Facsimile: (916) 927-3706 penalty of petjury that the true and correct. Executed January 5, 2021, at Sacramento, California. AMENDED COMPLAINT FOR DAMAGES