P. 1
DC-12-08364 BARBARA KIDD vs. DALLAS ARBORETUM AND BOTANICAL SOCIETY INCORPORATED

DC-12-08364 BARBARA KIDD vs. DALLAS ARBORETUM AND BOTANICAL SOCIETY INCORPORATED

|Views: 9,950|Likes:

More info:

Published by: The Dallas Morning News on Aug 01, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/22/2013

pdf

text

original

ORIGINAL

Cause No.. _ ...;;__-=--_ BARBARA KIDD, Plaintiff,
VS.

DALLAS ARBORETUM AND BOTANICAL SOCIETY, INCORPORA TED, Defendant.

§ § § § § § § § § § §

19IstJ
___ JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT COMES NOW Barbara Kidd ("Kidd" or "Plaintiff') Arboretum and Botanical Society, Incorporated ("Arboreteum" of action would respectfully show the Court as follows: 1. complaining of Defendant Dallas or ""Defendant"), and for causes

Introduction
1.01 Plaintiff Barbara Kidd was fired from her job as Senior Manager of Horticulture

Operations with Defendant for issues related to her religious beliefs. Such termination violates Plaintiffs rights under the Texas Commission on Human Rights Act. Discovery should be

conducted under a Level 2 scheduling order.

Plaintiffs
149596.1

Original Petition -

Page 1

II. Parties 2.01 Plaintiff Barbara Kidd is an individual who resides at

2.02

Defendant Dallas Arboretum and Botanical Society, Incorporated ("Arboretum")

is

a Texas non-profit corporation with its principal offices located at 8617 Garland Road, Dallas, Texas 75218. It may be served by delivering a copy of this Petition and citation to its registered agent for service of process, Patricia Cowlishaw, 6539 Briarmeade Drive, Dallas, Texas 75254.

-

III.
Jurisdiction and Venue 3.01 This Court has jurisdiction because the amount m controversy exceeds the

jurisdictional limit of this court. 3.02 Venue is proper in Dallas County because Defendant maintains its principal office

in this County, and because a substantial part of the events described herein occurred in Dallas County where Plaintiff worked. IV. 8ackeround 4.01 Facts as the Senior Manager of

The Plaintiff was hired to work for the Defendant

Horticulture Operations. 4.02 Jimmy Turner was the Plaintiffs direct report.

Plaintiff's
149596.1

Original Petition -

Page 2

4.03

In July-August of20 11, Plaintiff s supervisor commenced a course of discrimination

and harassment against the Plaintiff based primarily on her Christian beliefs, but also on her age. Examples of such behavior on the part of Jimmy Turner as follows: • • • Turner refered to Plaintiff as a "bitter old woman" In a management meeting, Turner told Plaintiff to "quit [her] bitching" A rock was found in a flower pot that said "he died" and on the reverse side "for your sins." Turner said that it was "disgusting." • Turner tells Plaintiff that he had been told to take down a posting on his Facebook page which said that "he wanted to fund research to find the Christian gene in people and eradicate it from the human race." • In a management meeting, Turner told Plaintiff that if Plaintiff ever brought up "the f'I' **ing irrigation again, he would fire [Plaintiff]" 4.04 On August 25,2011, Plaintiffwent to Charlotte Morrison's office to complain about

Turner's behavior and hostility. Plaintiff was basically told by Morrison to "like it or leave it." 4.05 On August 31, 2011, Turner told Plaintiff to cancel the scheduled management

meeting for that day. When Plaintiff returned from lunch, Turner had called the meeting and it was in progress without her. 4.06 In mid-September, Turner gave Plaintiff a "totally unsatisfactory rating." In response,

Plaintiff requested a growth plan with evaluations from Turner so that she could clearly understand what her supervisor was wanting and expecting from her.

Plaintlffts Original
149596.1

Petition -

Page 3

4.07

On October 18,2011, Turner called the Plaintiff into his office, and Dave Forehand

joined the meeting. In this meeting Turner acknowledged that Plaintiffhad requested a growth plan, but told her that: • • • "You just don't fit in"; "You aren't who I want in this job"; and "I'm letting you go. We'll pay you through October 18, but you are terminated immediately. You can go back to your desk and get your personal things. You need to tum in your keys and other things before you leave." 4.08 Jimmy Turner refers to himself as a "flaming gay." Plaintiff believes the practice

of her religious beliefs and behavior formed the basis of Turner's hostility toward her. 4.09 Plaintiff also experienced hostility from Jenny Wegley, the Research Manager and

good friend of Turner when she observed a Bible and church materials in her car during a trip out for lunch in early August. 4.10 Claimant was 61 years old when she was fired. On information and belief, she has

been replaced by a younger worker.

v.
Count One Religious Discrimination (Contingent Upon Receipt of Right to Sue) 5.01 5.02 Plaintiff incorporates the foregoing paragraphs as if set forth herein verbatim. Plaintiff was an employee within the meaning of the TCHRA, and belongs to a class

protected under the statute. Texas Labor Code §21.051.
Plaintlff's
149596.1

Original

Petition -

Page 4

5.03

Defendant is an employer within the meaning of the TCHRA. 42 U.S.C. §2000e(b); In particular, Defendant employs more than fifteen (15) employees

Tex. Lab. Code §21.002(8).

within the current calendar year. 5.04 Defendant intentionally discriminated against Plaintiff because of her religion in

violation of the TCHRA. 5.05 Plaintiff timely filed with the Equal Employment Opportunity Commission (the

"EEOC') a charge of discrimination against Defendant, and has received a right to sue letter from the EEOC and the Texas Workforce Commission. 5.06 Such discrimination by Defendant against Plaintiff was intentional. Accordingly,

Plaintiff is entitled to recover damages from Defendant for back pay, front pay, past and future pecuniary losses, emotional pain and suffering, inconvenience, loss of enjoyment of life, and other non-pecuniary losses. Further, this discrimination was done with malice or with reckless

indifference to Plaintiffs punitive damages. 5.07

federally-protected rights. Plaintiff is therefore also entitled to recover

Plaintiff is entitled to an award of attorney's fees, and costs under the TCHRA,

including expert costs.

VI.
Count Two

Aee Discrimination Under State Law
6.01 The foregoing paragraphs of this Complaint are incorporated in this Count by

reference as fully as if set forth at length herein.

Plaintiff's
149596.1

Original Petition -

Page 5

6.02

Plaintiff Kidd is an individual who is 61 years old, and who was perceived by

Defendant as being unable to perform her duties because of her age. Defendant's comments and termination of Plaintiff shows Defendant believed that Plaintiffs age substantially limits and/or is perceived by Defendant to substantially limit Plaintiffs performance of her job duties. 6.03 Plaintiff is qualified to perform the essential functions of manager, as well as other

jobs that were available at Defendant. 6.04 Defendant has intentionally discriminated against Plaintiff because of her age, by

exhibiting bias toward Plaintiff, treating Plaintiffin a discriminatory and harassing manner compared with her younger peers and discharging Plaintiff shortly after she made complaints to Human Resources. 6.05 All conditions precedent to filing this action for age discrimination under state and The Texas

federal law have been met. Plaintiff timely filed her charge of age discrimination.

Workforce Commission has issued a right to sue letter within the past sixty (60) days preceding filing this lawsuit. 6.06 Defendant has engaged in a single continuous course of conduct of discrimination

against Plaintiff because of Plaintiff sage. 6.07 Such discrimination by Defendant against Plaintiff was intentional. Accordingly,

Plaintiff is entitled to recover damages from Defendant for back pay, front pay, benefits, future pecuniary losses, emotional pain and suffering, inconvenience, loss of enjoyment of life, other nonpecuniary losses, and compensatory damages. Further, this discrimination was willful. Plaintiff is therefore also entitled to recover punitive damages. Plaintiff is also entitled to recover all costs of Court and attorneys' fees.
Plaintiff's Original Petition 149596.1

Page 6

VII.
Jury Demand 7.01 Plaintiff demands trial by jury for all claims made herein. PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to

WHEREFORE,

appear and answer herein, and that upon final trial, Plaintiff have and recover the following relief against Defendant. (1) Judgment for actual damages in the amount of past and future lost earnings and benefits and damages to past and future earnings capacity; Judgment for past and future pecuniary losses, emotional pain and suffering, inconvenience, loss of enjoyment of life, and other non-pecuniary losses; Damages for past and future mental anguish and emotional distress and physical distress; Exemplary damages in an amount to be determined by the trier of fact; An award of liquidated and/or statutory damages in an amount equal to all lost wages, salary, employment benefits, and other compensation lost as a result of Defendant's wrongful conduct in the amount proven at trial; An order by the Court reinstating Plaintiff as an employee of the Defendant in a similar position with similar pay and benefits to that from which she was wrongfully terminated, or, in the alternative, future pay in an amount to be determined by the Court; Prejudgment and Postjudgment interest at the maximum legal rate; Attorneys' fees; Experts fees; All costs of court; and Such other and further relief to which Plaintiff may be justly entitled.

(2)

(3)

(4) (5)

(6)

(7) (8) (9) (10) (11)

Page 7

·

.
Respectfully submitted, KILGORE & KILGORE, PLLC

e Bar No. 01215700 JOHN H. CROUCH, IV State Bar No. 00783906 3109 Carlisle, Suite 200 Dallas, TX 75204 (214) 969-9099 - Telephone (214) 953-0133 - Fax ATTORNEYS FOR PLAINTIFF BARBARA KIDD

Plaintlff's Original Petition 149596.1

Page 8

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->