UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CENTRAL DIVISION VANESSA HERNANDEZ, No.

13-cv-3058-MWB Plaintiff, vs. BRAND FX BODY COMPANY, INC., Defendant. COMES NOW the Plaintiff, Vanessa Hernandez, and for her Complaint against the Defendant, Brand FX Body Company, Inc., states: INTRODUCTION 1. This is an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. COMPLAINT AND JURY DEMAND

§2000e et sec., and the Iowa Civil Rights Act, Iowa Code Chapter 216. JURISDICTION AND VENUE 2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §1331 and the

Court’s pendant claim jurisdiction under 28 U.S.C. §1367(a). 3. Venue is proper under 28 U.S.C. §1391(b) and (c). PROCEDURAL HISTORY 4. On January 8, 2013, within 300 days of the acts of which she complains,

Plaintiff, Vanessa Hernandez, filed charges of employment discrimination with the Iowa Civil Rights Commission, CP# 01-13-63671 and cross filed charges with the Equal Employment Opportunity Commission, EEOC# 26A-2013-00352C, against the above named Defendant.

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5.

On September 4, 2013, less than 90 days prior to the filing of this Complaint,

the Iowa Civil Rights Commission issued Plaintiff an administrative release (letter of right to sue) with respect to such charges of discrimination. PARTIES 6. At all times material hereto, Plaintiff, Vanessa Hernandez was a citizen and

resident of Pocahontas County, Iowa and a citizen of the United States. 7. At all times material hereto, Defendant, Brand FX Body Company, Inc., was a

corporation organized under the laws of the State of Texas with an operating facility and doing business in the City of Pocahontas, Pocahontas County, Iowa. FACTUAL BACKGROUND 8. Brand FX Body Company, Inc. (Brand FX) manufactures fiberglass utility

truck bodies employing over 200 employees at its Pocahontas, Iowa facility. 9. Vanessa Hernandez was hired by Brand FX to work as a mold prep/cleaner in

the fiberglass department on June 7, 2012. Hernandez would clean and prepare fiberglass molds for use. 10. Beginning in October, 2012 Hernandez was sexually harassed by forklift

driver Phil West. Among other things, West propositioned Hernandez for oral sex; told Hernandez the length of his penis, showed Hernandez a picture of his penis on his phone; and told Hernandez that if he was “fucking her” she would be in a better mood and “not such a bitch”. 11. Hernandez complained to Supervisor Rick Yetmar about Phil West’s sexual

harassment. Yetmar advised Hernandez that she should go ahead and “fuck him”.

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12.

Hernandez complained to Supervisor Doug Hepperle. After complaining to

Hepperle, West became verbally aggressive, yelling and swearing at Hernandez. 13. Hernandez complained on numerous occasions about sexual harassment to

Human Resources Manager Tammy Birchard. Birchard informed Hernandez that if it was up to her she would love to get rid of Phil West because other female employees had also made complaints about West. However, West was not terminated. 14. Hernandez was sexually harassed by Supervisor Rick Yetmar. Yetmar told

Hernandez that he hired her because “she was a real bitch”. After a verbal altercation with another female, Hernandez was told by Yetmar that he would love to see a little “girl on girl action” and that he would provide the Jell-o and sell tickets. 15. Hernandez complained to Tammy Birchard about Yetmar’s harassment.

Yetmar then retaliated against Hernandez by screaming at her for involving him in “childish bullshit”. When Hernandez complained again to Birchard, Birchard told Hernandez that Yetmar had a tendency to be verbally aggressive but did nothing to otherwise address her complaint. 16. After Complaints about Yetmar, Yetmar continued to verbally harass and

retaliate against Hernandez until Hernandez quit due to the ongoing harassment. 17. The day following Hernandez’s resignation due to the ongoing harassment,

Brand FX’s plant manager asked Hernandez to come back to work and promised her that he would deal with the harassment. 18. On or about the day prior to Thanksgiving, 2012, Hernandez was walking

behind a male co-worker. Another male employee yelled “look out, Joe. She’s going to fuck

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you with her strap-on”. Rap music was playing in the background which included lyrics referring to “niggers” and “bitches eating dick like it was corn on the cob”. 19. Hernandez complained again to Birchard about the ongoing sexual harassment Hernandez told Birchard that the lack of discipline towards those

and vulgar music.

responsible was the reason for this ongoing behavior. 20. Shortly after complaining to Birchard, another female co-worker was

physically attacked and assaulted at the Defendant’s workplace. After reporting the incident to human resources, the Defendant failed to take any action against the perpetrator of the physical attack. 21. Hernandez complained again to Birchard about the lack of training on sexual

harassment and the pervasiveness of sexual harassment towards females in the workplace. Birchard responded that such training was too expensive. Hernandez advised Birchard that she intended to file a sexual harassment complaint and hire legal counsel. 22. Approximately 1 week following Hernandez’s complaint to Birchard and

statement that she intended to file a sexual harassment complaint, Birchard terminated Hernandez by telephone. COUNT I SEXUAL HARASSMENT IN VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 23. Defendant, Brand FX, discriminated against Plaintiff with respect to the terms

and conditions of employment and terminated Plaintiff on the basis of sex in violation of Title VII. 24. The Plaintiff was subjected to severe and pervasive and unwelcome sexual

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harassment in violation of Title VII. 25. Plaintiff complained to Defendant about the sexual discrimination and sexual

harassment and Plaintiff opposed practices made unlawful by Title VII. 26. 27. Defendant retaliated against the Plaintiff by terminating her employment. The Defendant engaged in a continuing pattern and practice of sexual

harassment, discrimination, and retaliation. 28. As a direct and proximate result of the Defendant’s aforesaid illegal actions,

the Plaintiff has in the past and will in the future suffer mental and emotional harm and anguish, and has in the past and will in the future suffer loss of wages, loss of earning capacity, benefits, and other enjoyments of employment. 29. The Defendant acted with malicious and reckless disregard for Plaintiff’s

federally protected rights. WHEREFORE, Plaintiff, Vanessa Hernandez, demands judgment against the Defendant, Brand FX, in an amount that will fully and fairly compensate her for her injuries and damages, for punitive damages in an amount sufficient to punish the Defendant and deter others, for interest as allowed by law, for attorney fees, for costs of this action, for appropriate equitable and injunctive relief, and for such other relief as may be just under the circumstances and consistent with the purposes of Title VII of the 1964 Civil Rights Act. COUNT II VIOLATION OF IOWA CODE CHAPTER 216 – THE IOWA CIVIL RIGHTS ACT 30. Defendant, Brand FX, discriminated against the Plaintiff with respect to the

terms and conditions of her employment and terminated the Plaintiff on the basis of her sex in violation of the Iowa Civil Rights Act.

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31.

The Plaintiff was subjected to severe and pervasive and unwelcome sexual

harassment in violation of the Iowa Civil Rights Act. 32. Plaintiff complained to Defendant about the sexual discrimination and sexual

harassment and Plaintiff opposed practices made unlawful by the Iowa Civil Rights Act. 33. 34. Defendant retailed against the Plaintiff by terminating her employment. The Defendant engaged in a continuing pattern and practice of sexual

harassment, discrimination, and retaliation. 35. As a direct and proximate result of the Defendant’s aforesaid illegal actions,

the Plaintiff has in the past and will in the future suffer mental and emotional harm and anguish, and has in the past and will in the future suffer loss of wages, loss of earning capacity, benefits, and other enjoyments of employment. WHEREFORE, Plaintiff, Vanessa Hernandez, demands judgment against the Defendant, Brand FX, in an amount that will fully and fairly compensate her for her injuries and damages, for interest as allowed by law, for attorney fees and costs of this action, for appropriate equitable and injunctive relief, and for such other relief as may be just under the circumstances and consistent with the purposes of the Iowa Civil Rights Act. JURY DEMAND Plaintiff demands trial by jury for each and every issue raised herein.

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JOHNSON, KRAMER, GOOD, MULHOLLAND, COCHRANE, & DRISCOLL, P.L.C.

By /s/ Stuart J. Cochrane Stuart J. Cochrane AT0001504 809 Central Ave., Suite 600 Fort Dodge, IA 50501 Telephone: (515) 573-2181 Facsimile: (515) 573-2548 E-mail: stu.cochrane@johnsonlawia.com ATTORNEYS FOR PLAINTIFF

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