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UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS
______________________________
Yong Li, )
Plaintiff, )
v. ) CIVIL ACTION NO. 08-11405
)
Dr. Julia M. Reade, )
Defendants. )

AMEDED COMPLAIT, COMPESATORY


AD JURY DEMAD
ITRODUCTIO

The Plaintiff, Yong Li (Li), an ex-senior software engineer of Raytheon

Company (Raytheon), brings this suit for race and national origin discrimination and

tort claims against the Defendant psychiatrist, Dr. Julia M. Reade (Dr. Reade). In 2004,

Li was traumatized by Raytheons interrogation do you want to kill someone and

became mentally disabled since then. Raytheon mandated Li to see Dr. Reade for mental

evaluation. Dr. Reade ignored the harassment, physical intimidation, and false layoff

notice to which Li had allegedly subjected in Raytheon, but viewed Lis reasonable

complaint or self-safety concern under such mistreatment as maladaptive personality

traits, and viewed such traits were caused by Lis culture background or culture

barrier. In order to cover up Raytheons conduct, Dr. Reade fabricated that Li had pre-

existed mental condition and had took medicine Advil to calm down. In fact, Advil is a

drug relieves pain and swelling and not for mental condition at all. Dr. Reades prejudice

was racially based and national origin based. In 2007, Dr. Reades report was adopted by

the Department of Industrial Accidents Court of Worcester and directly resulted in the

dismissal of Lis mental injury claims. Li now seeks compensation for all damages as

provided for by law, including her reasonable cost fees.

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Parties

1. The plaintiff, Yong Li, was a senior software engineer and worked in Raytheon

Company Marlborough facility for 7 years. Li was a native China. She was

traumatized by Raytheons interrogation do you want to kill someone in 2004, and

became mental disabled since then, despite Li had no history of mental illness before

that time.

2. Defendant Dr. Julia M. Reade is a forensic psychiatrist in Mass. General hospital. In

2004, she was paid by Raytheon for Lis mental evaluation. -------------------------------

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Facts

3. Plaintiff was a native China and completed two degrees. She had worked in England

for three different companies as a software engineer. She was hired by Raytheon and

moved to the Air Traffic Control Division located Marlborough, Massachusetts in

1998. According to Raytheons performance review, Li was a valuable employee,

an asset of the team, contributed greatly, as well as Yong was friendly and

pleasured to work with. The human resources (HR) witness form stated She [Li]

was never confrontational.

4. In 2002, Li filed an internal complaint to Raytheon. Li alleged that she was

discriminated against by her woman leaders only because she is a Chinese. One of

Lis supervisors, Shari Swell, said I dont understand you Chinese. At once, Li

received a paper warning for she went to meetings 5 minutes later, while many others

went to meetings later and had never been blamed. One of Lis supervisors, Gayle

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McEleney, made disparate treatment between Chinese and white. When a Chinese

engineer was incompetent, Ms. McEleney had him laid off. When a white woman

was not qualified at the first line, Ms. McEleney screamed at Li, a mentor, for not

giving the white woman a good training. When a technical dispute occurred between

Li and Lis low-experienced (25 years old) group leader, a task manager, Jen Lewis,

stopped Li for requesting opinions from high-level engineers, but accused Li of using

the technical discussion to attack the group leader. Further, Ms. Lewis made a

negative performance review of Li.

5. Raytheon made a sham investigation, and claimed Lis allegation not found but

refused to let Li read the investigator Mattie Ervins report. Soon after, Li voluntarily

went to Langley Virginia.

6. In 2004, upon her retuned to Marlborough, Li claimed that she was subjected to wide

spread retaliation. Li was withheld long-term assignment and asked to quit or to go

another state. Li was told that the company was going to layoff and her name was on

the list. When Li found a long-term assignment by her won, her manager denied his

layoff statement and claimed that there was no layoff at all. The ex-task manager, Jen

Lewis, started staring at Li whenever they met alone, Li felt physically intimidated.

The staring repeatedly occurred for eight months (which was a finding of fact in Lis

Workers Compensation court), and eventually caused Li worried about her own

safety. Li addressed her safety concern to Raytheons Human Resources (HR) for

searching guidance.

7. Raytheon set up a HR meeting, in which they embedded a mental evaluation

(interrogation) without Lis knowledge and consent. The counselor John Didio, whom

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Li thought was an investigator, did not address a single of Lis concerns. Instead, he

repeatedly pointed his finger at Li and asked Do you want to kill someone or do you

want to kill yourself? Li was traumatized. Li could not function normally since then

and became mental disabled.

8. On October 7, 2004, Raytheon mandated Li to see the defendant Dr. Julia M. Reade.

Dr. Reade found that Li suffered from a cute mental illness with psychotic features,

and was not fit to work. Raytheon, however, did not heed the report and threatened to

terminate Lis employment if Li did not return to work immediately. Meanwhile, Lis

own doctor diagnosed her with occupationally induced Post-Traumatic Stress

Disorder (PTSD).

9. On September 8, 2005, Li received a copy of Dr. Reades report in the Department of

Industrial Accident (DIA) court of Worcester. At the same time, Li received

Raytheon investigator Mattie Ervins 2002 report from EEOC.

10. Li realized that in 2004 Raytheon surreptitiously submitted Ms. Ervins report to Dr.

Reade. Based on Mattie Ervins report, Dr. Reade fabricated that Li had personality

disorder and culture barrier which caused employment problems.

11. Dr. Reades report failed to state that the evaluation was based on Raytheons

investigator Mattie Ervins report of 2002. Dr. Reade only listed that she received

Lis performance review, emails or job description from Raytheon.

12. Dr. Reade disregarded the statements in Lis performance review, Yong was friendly

and pleasured to work with. Dr. Reade merely picked up words from Mattie Ervins

report, which described Li as Her co-workers noted that she has a strong

personality, and is opinionated. So that Dr. Reade stated that [Li] has a history of

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interpersonal conflict. In fact, Li had never been told that she was strong

personality or opinionated. Not only her performance review stated Yong was

friendly and pleasured to work with, but also the HR witness-form stated She [Li]

was never confrontational.

13. Dr. Reade disregarded Lis internal complaint of 2002, which quoted Lis co-worker

William Kerrs email which stated that Li was treated unfair by her woman leaders:

When we first went out to Marlborough, it very quickly became clear to


both Conall [McGleenan] and myself that you were not being fairly
treated especially by Gayle [McEleney]. I was surprised that in the US
above all places, that such behavior would be tolerated.

14. Dr. Reade blamed all the technical dispute and the alleged discrimination and

harassment in Raytheon as if Ms. Li has also had some difficulty expressing herself

(and understanding others) in English, a second language for her, and concerns were

raised that some of her interpersonal problems might be exacerbated by a language

or cultural barrier. despite Dr. Reade knew that Li had successfully worked for

three different companies in England before came to Raytheon, despite Dr. Reade

knew that Li had no problem in others projects in Raytheon.

15. Dr. Reade falsely stated that Li took medicine to calm down so-called mental

condition or homesick during 2003:

During this time, the employee recalled suffering from


homesickness, anxiety symptoms, and severe sleep disruption.
Reportedly at the suggestion of her physician, she began taking
Ibuprofen to make me calm down (Reade Report P.2,
emphasis added)

In fact, Ibuprofen (common brand name: Advil, Motrin, uprin) was an anti-

inflammatory drug, which relieves pain and swelling (inflammation). Li had told Dr.

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Reade during the interview that Li took Advil because she had accidentally a finger

cut by a kitchen knife and had three stitches in Virginia.

16. Dr. Reade swapped the causes and the results with respected to Lis traumatic

symptom. Dr. Reade referred Lis emails to Raytheons CEO, in which Li protested

Raytheon counselor John Didios question do you want to kill someone which

treated Li as a potential murderer, as inflammatory e-mails, but described John

Didios interrogation as some event occurred after the inflammatory e-mails.

17. Dr. Reade referred Lis emails, which concerned about her personal safety and

family safety, as threatening emails. Dr. Reade did not mention that it was

Raytheon manager Jen Lewis eight months staring caused Li worried about her

personal safety concern.

18. Dr. Reade referred Raytheons interrogation, the embedded mental evaluation without

Lis consent, as referral to the EAP, consultation with her supervisor Dr. Reade

did not mention the EAP counselor John Didios question do you want to kill

someone with finger point at and dirty staring at Li, which traumatized Li.

19. Dr. Reade did not view Li as a normal human being who deserves to be angry under

mistreatment, but blamed all of the confliction to Lis culture background. Dr. Reade

referred Lis conduct of sending emails to Raytheon HR or CEO for searching help as

Ms. Li is entirely lacking in insight regarding her own behavior or its effects on

others. The others, in fact, are whites.

20. In 2007, the Department of Industrial Accidents (DIA) judge adopted Dr. Reades

report to dismiss Lis Workers Comp claim, the word strong personality and

opinionated were used as evidence in the judgment. The DIA judge disregarded the

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court referred psychiatrist Dr. Aspel and Lis own doctors diagnoses, which

indicated that Lis mental condition caused by Raytheon.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

21. Pursuant to the state M.G.L. 93, Li had sent her complaint to Dr. Reade and the state

Physicians Board as a pre-notice.

STATUTE OF LIMINTATION

22. Dr. Reades report was written on October 26, 2004. Li received a copy of Dr.

Reades report on September 8, 2005 from DIA Court of Worcester. Accordingly, all

of Lis claims were timely filed to this court on August 14, 2008. The 42 U.S.C.

1981 gives four (4) years statute of limitation. Three (3) years statute of limitation

for personal injury claims in Massachusetts.

Count I:
(Violation of 42 U.S.C. 1981)

The actions of the Defendant set forth above constitute race and national origin

discrimination in Violation of 42 U.S.C. 1981.

Count II:
(Violation of M.G.L. 93 98 Unfair and Deceptive Acts or Practices)

The actions of the Defendant set forth above constitute unfair and deceptive acts or

practices in Violation of M.G.L. 93 98.

Count III:
(Defamation)

The actions of the Defendant set forth above constitute defamation in Violation of

Defamation under common tort law.

WHEREFORE, plaintiff Yong Li requests that this Court order the Defendant to pay Li.

a. Lost Workers Compensation benefits;

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b. Emotional distress damages;

c. Punitive damages;

d. Attonreys fees (if Li found at any time) and costs as provide for by statute; and

e. Any other relief to which Li may be entitled.

Respectfully submitted,

YONG LI

/s/_
Name: Yong Li
Address: ---
--
Tel: --
--

Date: August 30, 2008

CERTIFICATE OF SERVICE

I hereby certify the a true copy of the above document was


served upon each party appearing defendants by email on
_________, 2008, to ----------------------------.

/s/ Yong Li (Pro Se)