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Finley Western

Finley Western

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Published by Eric Meyer
Complaint filed by Jennifer Finley against European Wax Center alleging wrongful termination, discrimination
Complaint filed by Jennifer Finley against European Wax Center alleging wrongful termination, discrimination

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Categories:Types, Business/Law
Published by: Eric Meyer on Jul 02, 2013
Copyright:Attribution Non-commercial

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07/09/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF PENNSYLVANIA
JENNIFER FINLEY,Plaintiff,v.WESTERN PENN WAXING, LLC;EUROPEAN WAX CENTER FRANCHISE GROUP, INC.,Defendants.))))))))))Civil Action No.JURY TRIAL DEMANDED
COMPLAINT
INTRODUCTION
1.
 
In September 2012, Plaintiff Jennifer Finley (
“Plaintiff” or “Finley”)
accepted a job
as a “Wax Specialist”
at a newly opened spa, which was owned by Defendant Western Penn
Waxing LLC (“European Wax Center”
 
or “the
Wexford
Spa”
), a franchisee of Defendant EWC
Franchise Group, Inc (“EWC Corporate” or the “Franchisor”)
 
(collectively, “the Employers”)
.Because her pay was to be based partly on commission, Finley spent the next few weeks workingfrom home to build a clientele prior to her first day of on-site training scheduled for October 1,2012.2.
 
On October 1, 2012, Finley
attended her first day of “training,” which was run by
an EWC Corporate representative. The corporate trainer announced that, as part of this
“training” program, Finley and her co
-workers were required
to perform “Brazilian
-
style” waxes
on each other the following day.
A “Brazilian”
is a method and style of public hair removal, in
Case 2:13-cv-00909-JFC Document 1 Filed 06/27/13 Page 1 of 13
 
 
2which one applies a heated adhesive wax to the pubic hair on or near 
another’s
anus andgenitalia, and then
forcibly removes that wax and hair by “tearing” the adhesive from
the
 person’s skin.
 3.
 
Finley refus
ed to comply with this “training,” because it was humiliating, painful,
embarrassing, and discriminatory. Moreover, Finley was scheduled to begin menstruating on thesame day she was expected to have the Brazilian wax, and expected to be extremely sensitive inthe most private region of her body.4.
 
When Finley explained her opposition to the mandatory “Brazilian” waxing, andexplained that receiving a “Brazilian” wax would be extremely painful and humiliating because
of her menstruation, the corporate trai
ner responded that she should “put in a fresh tampon andtake and ibuprofen and you’ll be fine.”
 5.
 
Finley promptly approached the owner of the Wexford Spa, and explained to himthat she refused to submit to a
“Brazilian”
wax performed on her by her co-workers, and that theEmployers could not require her to do so. Finley was terminated immediately.6.
 
The Employers
policy of requiring female Wax Specialists to submit to
“Brazilian” waxes, and the termination of Finley in response to her opposing this policy and
refusing to submit to such a procedure, give rise to claims of harassment, discrimination, andretaliation under the Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e
et seq.
(“TitleVII”)
and the Pennsylvania Human Relations Act, 43 P.S. §951
et seq
. (“PHRA”). The same
facts give rise to a claim for wrongful termination under Pennsylvania common law.
JURISDICTION AND VENUE
7.
 
This Court’s jurisdiction is invoked pursuant to 28 U.S.C. § 1331, and § 1343
Case 2:13-cv-00909-JFC Document 1 Filed 06/27/13 Page 2 of 13
 
 
3
with respect to Plaintiff’s federal law claims, and pursuant to 28 U.S.C. § 1367 with respect toPlaintiff’s related state law claims.
 8.
 
Because all violations of law
giving rise to Plaintiff’s claims occurred in
Allegheny County, and because both Plaintiff and Defendant West Penn Waxing LLC reside inAllegheny County, venue is proper in the Western District of Pennsylvania pursuant to 28 U.S.C.§ 1391.
PARTIES
9.
 
Plaintiff Jennifer Finley is a 35 year-old female residing in Wexford,Pennsylvania. Finley was employed by Defendants (within the meaning of Title VII, the PHRA,and Pennsylvania common law) for approximately three weeks before she was involuntarilyterminated.10.
 
Defendant Western Penn Waxing LLC is a New Jersey-registered LimitedLiability Company that owns and operates a spa in Wexford, Pennsylvania. At all relevanttimes, Western Penn Waxing LLC was Finley
’s employer within the meaning of 
Title VII, thePHRA, and Pennsylvania common law.11.
 
Defendant European Wax Center Franchise Group, Inc. is a Corporationregistered and headquartered in Florida, with operations in Wexford, Pennsylvania. At allrelevant times, European Wax Center Franchise Group, Inc. was Finley
’s employer 
within themeaning of Title VII, the PHRA, and Pennsylvania common law.
FACTS
 12.
 
On or about August 15, 2012, Finley applied for a position with the Employers as
Case 2:13-cv-00909-JFC Document 1 Filed 06/27/13 Page 3 of 13

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