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HOA 23340162 LAW OFFICE OF JEFFREY D. FULTON Jeffrey D. Fulton (Bar No, 206466) - 2150 River Plaza, Suite 260 F | L E D Sacramento, California 95833, Telephone: (916) 993-4900 ALAMEDA COUNTY Facsimile: (916) 441-5575 E-Mail; JFulton@JFultonLaw.com FEB 26 2020 Attomey for Plaintiff JUPERIOR COURT Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA LISA MCCARRICK, caseno. RG20055879 Plaintiff, COMPLAINT FOR DAMAGES v. 1) RETALIATION (Cal. Goy, Code §12940, et seq. AMAZON.COM SERVICES, INC. and | 2) VIOLATION OF THE CALIFORNIA DOES 1 through 100, INCLUSIVE, EQUAL PAY ACT (Cal. Labor Code §11975, et sea.) Defendant. 3) GENDER DISCRIMINATION (Cal. Gov. Code §12940, et seq.) 4) FAILURE TO TAKE REASONABLE STEPS TO PREVENT DISCRIMINATION (Cal. Gov. Code §12940(K)) 5) VIOLATION OF CALIFORNIA LABOR CODE SECTION 1102.5 (WHISTLE BLOWER STATUTE) > | 6) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY DEMAND FOR JURY TRIAL 26 | I 2 28 i DOs Law onpicn op SWFIKEY B. FEE ON PLAINTIFF'S COMPLAINT FOR DAMAGES: 10 u 12 13 14 15 16 "7 18 19 20 21 2 23 24 25 26 2 Plaintiff, LISA MCCARRICK, hereby alleges: L INTRODUCTION 1, This action is brought by Plaintiff, LISA MCCARRICK (“Plaintif?”), who has sustained injuries or damages arising out of the conduct of Defendants, AMAZON.COM SERVICES, INC, and DOES | through 100 (collectively referred to as “AMAZON” 2. This Complaint specifically asserts causes of action for the following: Retaliation (California Government Code §12940 et seq.); Violation of the California Equal Pay Act (Califomia Labor Code §1197.5); Gender Discrimination (California Government Code §12940 et. seq.); Failure to Take Steps Reasonably Necessary to Prevent Discrimination and/or Retaliation (California Government Code §12940 (K)); Violation of California Labor Code Section 1102.5 (Whistle Blower Statute), and Wrongful Termination in Violation of Public Policy. 3. Plaintiff, LISA MCCARRICK (hereinafter “Plaintif”) is a former employee of AMAZON. Plaintiff underwent training and provided services to Defendants in the State of California. 4, AMAZON is an online retailer selling a wide array of goods throughout the State of California and beyond. Defendant is an “employer” as defined by Cal. Gov. Code §12926(4),)_ AMAZON.COM SERVICES, INC. surrendered its right to transact intrastate business as set forth in California Corporations Code §2114 and is therefore not qualified to do business in the State of California under California Business & Professions Code §6403. As a result, venue is proper in any County within the State of California, as set forth in California. (See, Easton v, Superior Court (1970) 12 Cal.App.3d 243 (90 Cal.Rptr. 642]; Bohn v. Better Biscuits, Inc. (1938) 26 CalApp.2d 61 [78 P.2d 1177]; Hobson v. Metropolitan Casualty 28 Law Orniceor Jee D, FULTON Insurance Co, (1931) 114 Cal. App. 349 [300 P. 87].) 1 PLAINTIFF'S COMPLAINT FOR DAMAGES 1 5. The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants sued herein as DOES | through 100, inclusive, are currently unknown to Plaintiff, who therefore sues Defendants by such fictitious names, Plaintiff is informed and 4 |) believes, and based thereon alleges, that each of the Defendants designated herein as a DOE is 5 legally responsible in some manner for the events and happenings referred to herein and caused 6 7 || injury and damage proximately thereby to Plaintiff as hereinafter alleged. Plaintiff will seek 8 || leave of the Court to amend this Complaint to reflect the true names and capacities of the 9 Defendants designated hereafter as DOES when the same have finally been ascertained. ie 6. Plaintiff is informed and believes, and therefore alleges, that at all times ul 2 B 14 | authority of AMAZON and/or in their employment or agency with said entities, and with mentioned herein, each and every Defendant was the agent and/or employee of their co- defendants, and was acting either in their individual capacity or in the scope, purpose and 15 | knowledge, permission, ratification, and/or consent of said co-defendants and/or entities and 16 | under color of law. "7 1 18 19 20 21 ‘2g | acts and omissions alleged hereia were performed by, and are attributable to, all Defendants, {In perpetrating the acts and omissions alleged herein, Defendants, and each of them, acted pursuant to, and in furtherance of a policy and practice of failing to promote and discriminating and retaliating against their female employees, 8. Plaintiff is informed and believes, and thereon alleges, that each and every of the 23 | each acting as agents and/or employees, and/or under the direction and control of each of the 24 | other Defendants, and that said acts or failures to act were within the course and scope of said 25 | agency, employment, and/or direction and contro. 26 7 27 GENERAL ALLEGATIONS 28 9. Plaintiff is a 38-year-old female who began her employment with AMAZON as a 2 Law oprige op PERINTIFF'S COMPLAINT FOR DAMAGES nrPthy D. Foto eer PLAINTIFF'S COMPLAINT FOR DAMAGES i i 1 } Loss Prevention Manager on or about July 31, 2018 She was promoted to a Regional Loss j 2 ‘Prevention Manager on or about December 1, 2018. Throughout her employment, her — evaluations were positive, and Plaintiff performed exceedingly well in her '. Plaintiff's employment was involuntarily terminated on or about November 26, 2019. 10. Plaintiff was assigned to work out of her home in California, and to travel to 7 | various AMAZON sites throughout California, 8 11. Once Plaintiff was promoted to Regional Loss Prevention Manager, she 9 | discovered that her prior counterparts (Loss Prevention Managers) earned significantly more (in 10 WW salary and stock options) than Plaintiff, for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. 2 13 | Piatt is informed and believes, and thereon alleges that she also made eamed significantly 14 | mote (in salary and stock options) than Plaintiff, for substantially similar work, when viewed as 15 | @composite of skill, effort, and responsi ty, and performed under similar working conditions, 16 12, During the course of her employment as a Regional Loss Prevention Manager, 17 | plaintiff was instructed by her direct supervisor to research the social media accounts of 18 19 20 applicants for employment to AMAZON for the purpose of ascertaining race/ethnicity and gender. Although Plaintiff recognized that AMAZON had been publicly criticized for its lack of ay | Sveti in the workplace and Plaintiff supports diversity in the workplace, she reasonably 22 {believed that scouring social media accounts for the purpose of ascertaining race and ethnicity 23 | was unlawful, 4 13, Omor about September 12, 2019, Plaintiff submitted a written complaint in which 5 | she documented her direct supervisor's directives to her to analyze candidates’ social media 26 accounts in order to ascertain race and ethnicity. Plaintiff also detailed her past opposition to the a7 directives and her having obtained confirmation from an AMAZON recruiter that such a practice 28 i I 3 I 6 7 8 9 10 n| R B 4 15 16 mW 18 19 2 2 2 23 24 25 26 2| 28 Law ogrice or” \JeFPibY D. FULTON wes against company policy. Plaintiff also updated her complaint to include the fact that Plaintiff was paid less than her male subordinate employees. 14, On or about November 26, 2019, in a meeting with by the Director of Loss Prevention and the Director of Human Resources that her employment was being terminated for the false reason of “not meeting expectations.” During the meeting in which she was informed of her termination, it was communicated to her that her direct supervisor had admitted to utilizing social media accounts for the purpose of ascertaining race and ethnicity. Plaintiff's protected complaints of race/ethnici discrimination were substantial motiveting reasons for the decision to terminate her employment. 15, During the November 26, 2019, during which Plaintiff's employment was terminated, the Director of Human Resources admitted to Plaintiff that Plaintiffs male subordinates were paid more than her and conceded, “That happens all the time at Amazon.” In. LEGAL CLAIMS California Government Code §12940 et seq. (Against all Defendants) 16. Plaintiff hereby re-alleges, and incorporates by reference as though fully set forth ‘herein, the allegations contained in paragraphs | through 15. This cause of action is pled against all Defendants. 17. During her employment, Plaintiff engaged in protected activity by internally complaining about and opposing AMAZON’s unlawful practice of selecting candidates for employment based on the perception of race and ethnicity by reviewing the candidates’ social media accounts. Plaintiff also engaged in protected when she complained about AMAZON’s practice of compensating male employees at a higher rate than female employees. 4 PLAINTIFF'S COMPLAINT FOR DAMAGES When Plaintiff complained, AMAZON retaliated by involuntarily terminating Plaintif’s ‘employment. 18. Within the time provided by law, Plaintiff filed charges with the California | Department of Fair Employment and Housing (“DFEH”), alleging retaliation, gender discrimination, and failure to prevent discrimination and retaliation against Defendant 7 |AMAZON, in full compliance with California law. Attached hereto as Exhibit 1, and 8 | incorporated by this reference, are true and accurate copies of Plaintiff's DFEH Coraplaint and 9 | the “Right to Sue” letter provided by the DFEH. a 19, Asa proximate result of the acts of Defendant, Plaintiff has suffered humiliation, u 2 embarrassment, mental and emotional distress, and discomfort in the form of nervousness, ug [DNs nausea, wor, and indigiy. As @ proximate result of the wilful, knowing, and 14 | ibtentional acts of harassment against Plaintiff, Plaintiff has suffered, and continues to suffer, 15 || general damages for having to endure an oppressive working environment, in a sum according to 16 | proof at the time of trial. Plaintiff is also entitled to an award of special damages, including but 7} 18 | 19 | | 20. Defendants, and its officers, directors, and/or managing agents, committed the 20 not limited to lost wages and benefits resulting from the termination of her employment with AMAZON. gy | 808 described in this Complaint, failed to properly address Plaintif’s complaints of 2 | tacelethnicity, maliciously, oppressively, and in conscious disregard of Plaintiff's statutory { 23 | tights, entitling Plaintiff to an award of punitive damages against Defendants in an amount 24 | appropriate to punish and make an example of Defendants. | = 21. Asa direct cause of the acts alleged above, Plaintiff has had to hire the services of | 26 | an attorney. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees and | 21 2] I 5 Law Orsice oF PLAINTIFF'S COMPLAINT FOR DAMAGES: seerneY D. FULTON i 1 }is entitled to an award of attorneys’ fees and costs pursuant to California Government Code 2 | section 12965(). 3) WHEREFORE, Plein pray judgment a et for below. 4/ j SECOND CAUSE OF ACTION 5} VIOLATION OF THE CALIFORNIA EQUAL PAY ACT j (Cal, Labor Code §1197.5, te.) 6 (Against all Defendants) 7] 22, Plaintiff hereby re-alleges, and incorporates by reference as though fully set forth 5 herein, the allegations contained in paragraphs 1 through 21. This cause of action is pled against 9 , all Defendants. 10 * 23. California Labor Code section 1197.5 states that “(a) An employer shall not pay x2 {any ofits employees at wage aes ess than the rates pad o employees ofthe opposite sex for i 13 | substantially similar work, when viewed as a composite of skill, effort, and responsibility, and 4 | performed under similar working conditions...” with certain enumerated exceptions. 1S 24. Plaintiff was paid Jess than her male counterparts (and subordinates) in her 16 | sition, despite the absence of ny ofthe exceptions set forth in California Labor Code section s | 11975 (ie, a seniority system, merit system, a system that measures earings by quantity ot | quality of production and/or a bona fide factor other than sex, such as education, training, or 20 | experience). ai| 25. Plaintiff's entitled to an award of backpay, liquidated damages, interest, costs and 2 i attorney fees pursuant to California Labor Code section 1197.5. Bs WHEREFORE, Plaintiff prays judgment as set forth below. iy 25 y 26 Jy 27 | 28 | | 6 Law oreice or PUAINTIF'S COMPLAINT FOR DAMAGES seFtneY D. FULTON oe a 10 Wl 12 13 14 15 16 7 | 18 19 20 2 2 B 24 25 6 | 2 | 28 | | AMAZON, in full compliance with California law. Attached hereto as Exhibit 1, and | incorporated by this reference, are true and accurate copies of Plaintiff's DFEH Complaint and THIRD CAUSE OF ACTION GENDER DISCRIMINATION California Government Code §12940 et seq. (Against all Defendants) 26. Plaintiff hereby re-alleges, and incorporates by reference as though folly set forth herein, the allegations contained in paragraphs 1 through 25. This cause of action is pled against all Defendants. 27. Defendants’ conduct, including but not limited to, failure to promote Plaintiff despite superior qualifications, as described in this Complaint, constitutes discrimination in employment on the basis of Plaintiff's gender. Defendants violated the Fair Employment and Housing Act as promulgated in Government Code §12940 et seq. and other statutes that prohibit discrimination in employment. 28. Within the time provided by law, Plaintiff filed charges with the California Department of Fair Employment’ and Housing (“DFEH"), alleging retaliation, gender discrimination, and failure to prevent discrimination and retaliation against Defendant the “Right to Sue” letter provided by the DFEH. 29. Asa proximate result ofthe acts of Defendants, Plaintiff has suffered humiliation, embarrassment, mental and emotional distress, and discomfort in the form of nervousness, anxiety, nausea, worry, and indignity. As a proximate resilt of the willful, knowing, and intentional acts of harassment against Plaintiff, Plaintiff has suffered, and continues to suffer, general damages for having to endure an oppressive working environment, in a sum according to proof at the time of trial. Plaintiff is also entitled to an award of special damages, including but not limited to lost wages and benefits resulting from the termination of her employment with AMAZON. Law ozmics oF Sertnay D. FOLIO 1 PLAINTIFF'S COMPLAINT FOR DAMAGES aoe uj 12 | 13 | 4 | 15 16 7] 18 19 20 | a 2 2B 4 25 | 6 an attorney. Plaintiff has incurred and continues to incur legal expenses and attorneys" fees and. 30, Defendants, and its officers, directors, and/or managing agents, committed the acts described in this Complaint, failed to properly address Plaintif’s complaints of race/ethnicity, maliciously, oppressively, and in conscious distegard of Plaintiff's statutory rights, entithing Plaintiff to an award of punitive damages against Defendants in an amount appropriate to punish and make an example of Defendants 31. Asa direct cause of the acts alleged above, Plaintiff has had to hire the services of entitled to an award of attomeys’ fees and costs pursuant to California Government Code section 12965(b). WHEREFORE, Plaintiff prays judgment as set forth below. FOURTH CAUSE OF ACTION FAILURE TO TAKE REASONABLE STEPS TO PREVENT DISCRIMINATION California Government Code §12940(k) (Against all Defendants) 32, Plaintiff hereby re-alleges, and incorporates by reference as though fully set forth herein, the allegations contained in paragraphs 1 through 31. This cause of action is pled against all Defendants, 33. Atal times mentioned herein, California's Fair Employment and Housing Act, Cal. Government Code §12940 ef seq., was in full force and effect and fully binding upon AMAZON. Plaintiff was a member of a group protected by that statute, in particular, §12940(K), prohibiting failure to take all steps to prevent discrimination from occurring. 34, AMAZON’s acts against Plaintiff, including but not limited to its retaliatory acts following ber complaints constitute a failure to take all reasonable steps necessary to prevent Adiseris ination from occurring and violate Government Code §12940(k). | 27 | 28 | Law oprice oF JEFFREY D. FULION 8 PLAINTIFF'S COMPLAINT FOR DAMAGES: 1} 35, Plaintiff is informed and believes, and thereon alleges, that AMAZON and DOES 2 through 100 filed to provide adequate training to ther supervisors and managers, 3f f 36. Within the time provided by law, Plaintiff filed charges with the California 4} | Department of Fair Employment and Housing (“DFEH"), alleging retaliation, gender discrimination, and failure to prevent discrimination against Defendant AMAZON, in full | { 1 j { aa compliance with California law. Attached hereto as Exhibit 1, and incorporated by this reference, are true and accurate copies of Plaintiff's DFEH Complaint and the “Right to Sue” 9 | letter provided by the DFEH. i 10 | 37. Asa proximate result of the acts of Defendants, Plaintiff has suffered humiliation, ny | embarrassment, mental and emotional distress, and discomfort in the form of nervousness, 2 3 14 _ intentional acts of harassment agains Plaintiff, Plaintiff has sufered, and continues to suffer, anxiety, nausea, worry, and indignity. As a proximate result of the willful, knowing, and 15 ‘general damages for having to endure an oppressive working environment, in a sum according to 16 | proof at the time of trial. Plaintiff is also entitled to an award of special damages, including but not limited to lost wages and benefits resulting from the termination of her employment with AMAZON. 38. Defendants, and its officers, directors, and/or managing agents, committed the acts described in this Complaint, failed to properly address Plaintiff's complaints of 2! race/ethnicity and gender, maliciously, oppressively, and in conscious disregard of Plaintiff's 23 | statutory rights, entitling Plaintiff to an award of punitive damages against Defendants in an 24 | amount appropriate to punish and make an example of Defendants, 25 39. Asadirect cause of the acts alleged above, Plaintiff has had to hire the services of 26 | . an attorney. Plaintiff has incurred and continues to incur legal expenses and attorneys’ fees and 21 28 9 Law opriga oF PLAINTIFF'S COMPLAINT FOR DAMAGES eFEney D: FULtoN 16 | 28 Law Orncros “se8tRBY B. PULTON lis ented to an award of attomeys? fees and costs pursuant to California Government Code section 12965(b). FIFTH CAUSE OF ACTION VIOLATION OF CALIFORNIA LABOR CODE SECTION 1102.5 (Whistleblower Statute) 40. Plaintiff hereby re-alleges and incorporates by reference as though fully set forth herein, th allegations contained in paragraphs 1 through 39, This cause of action is pled against | all Defendants (including Doe Defendants). 41. California Labor Code Section 1102.5 provides in relevant part: “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information... to a person with authority over the employee o ty to investigate, discover, if the employee has reasonable cause formation discloses a violation of state or federal statute, ot a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee's job duties.” (Cal. Lab. Code § 1102.5 (b).) 42, Plaintiff reasonably believed thet AMAZON engaged in gender pay and race discrimination, Plaintiff timely raised her concerns to her superiors, who had the authority to investigate, discover or correct said issues. 43, Plaintiff, by raising the above-described issues to an employee with authority over | the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, engaged in protected activity. 44. Defendants, and each of them, retaliated against Plaintiff for opposing AMAZON? unlawful practices, and her employment was terminated in response, in violation of California Labor Code Section 1102.5. 45, As a proximate result of the wrongful conduct of the Defendants, and each of them, Plaintiff has suffered and continues’ to sustain substantial losses in earnings and other 10 PLAINTIFF'S COMPLAINT FOR DAMAGES 9 10 u 2 13 14 15 16 W 18 19 20 ai 2 2B 4 25 26 27 28 Law omicuos aBetReY D. FULTON } employment benefits in amount according to proof at the time of trial, including but not limited F to lost wages due to the termination of Plaintiff's employment. 46. Asa proximate result ofthe acts of Defendants, Plaintiff has suffered humiliation, [ embarrassment, mental and emotional distress, inthe form nervousness, anxiety and wory. 47... In committing the foregoing acts, officers, directors, and/or managing agents of | Defendants were guilty of malice, fraud, and oppression, and acted in conscious disregard of | rants righ, and Paint is therefore also ented wo an award of punitive damages in | eddition to the actual damages caused thereby, for the sake of example and by way of punishing Defendants, | WHEREFORE, Plaintiff prays judgment as set forth below. SIXTH CAUSE OF ACTION | ‘Wrongful Termination in Violation of Public Policy (Against all Defendants) | 48. Plaintiff hereby re-alleges and incorporates by reference as though fully set forth herein, the allegations contained in paragraphs 1 through 47. 49. Defendants terminated Plaintiff's employment following her report of race/ethnicity discrimination. Plaintiff's report of discrimination was a substantial motivating reason for the termination of her employment. The conduct of Defendants violates public policy, ' as fully set forth herein, 50, Asa proximate result ofthe acts of Defendants, Plaintiff has suffered humiliation, embarrassment, mental and emotional distress, and discomfort in the form of nervousness, joe nausea, worry, and indignity, As a proximate result of the willful, knowing, and intentional acts of harassment against Plaintiff, Plaintiff has suffered, and continues to suffer, ‘general damages for having to endure an oppressive working environment, in a sum according to | proof at the time of trial. Plaintiff is also entitled to an award of special damages, including but i u 1 | not limited to lost wages and benefits resulting from the termination of her employment with 1 2 | AMAZON. 3 51, Defendants, and its officers, directors, and/or managing agents, committed the 4 | acts described in this Complaint, failed to properly address Plaintiff's complaints of sy ¢ | Meeletinicty, maliciously, oppressively, and in conscious disregard of Plaintif’s statutory 7 | tights, entitling Plaintif to an award of punitive damages against Defendants in an amount 8 | appropriate to punish and make an example of Defendants, 9 WHEREFORE, Plaintiff prays judgment as set forth below. 10 | VL WW PRAYER FOR RELIEF i 12, _ WHEREFORE, Plaintiff prays jadgment as follows: 13 | 1. Forgeneral damages in a sum according to proof; “ | ‘2. Fornominal damages; i 153, For compensatory damages; no 4, For medical and related expenses according to proof; 7} | 5. For special damages, including but not limited to lost earings and other employment | spec i | benefits, past and future, according to proof, with interest thereon as allowed by law; a 6. For reasonable attomeys’ fees and costs, pursuant o California Government Code 2 §12965, and/or other statutes; 22} 7, Foran award of interest, including prejudgment interest, atthe legal rate; ! 2 I 8. For declaratory and injunctive relief: 24 | 9, For an award of backpay, liquidated damages, interest, costs and attomey fees 25 % pursuant to California Labor Code section 1197.5; and | oq 10-Forall such other and further rele asthe Court may deem just and proper | 28 | | 2 Law ones oF PLAINTIFFS COMPLAINT FOR DANIAGES serthey D. FULTON I Dated: February 4.2000 ‘LAW OFFICE OF JEFFREY D. FULTON i 7 gh By: ae at peltrey D.. fon “Attorney for Plaintist 4 LISA. MCCARRICK. ' 6h DEMAND FORSJURY TRIAL 7 Plaintifftheteby demands trial’by jury. LAW OFFICE OF JEFFREY D. FULTON. Peer orl ey Urtee ‘Attorney for Plainliff LISA’MCCARRICK 3 sek cORnee, PLAINTIFFS COMPLAINT FOR DAMAGES EXHIBIT 1 DEPARTMENT OF FAIA EMPLOYMENT & HOUSING eee nee ‘218Kauen rn ite $0018X Gre (CA e7s8 {eo aoe ee |) 0-200 (TY) oon Rey av 731 ‘Rowe ah nga Orel osint eres cg January 21, 2020 Joffrey Fulton 2150 River Plaza Drive, Sulte 260 Sactamento, Califomia 95833 RE: Notice to Complainant's Attorney DFEH Matter Number: 202001-08973022 Right to Sue: MoCarrick / Amazon.com Services, Inc. Dear Jeftrey Fulton: Attached Is a copy of your complaint of discrimination filed with the Department of Fair Employment and Housing (OFEH) pursuant to the California Fair Employment and Housing Act, Goverment Code section 12900 et seq. Also attached is a copy of your Notice of Case Closure and Right to Sue. Pursuant to Government Code section 12962, DFEH will not serve these documents on the employer. You must serve the compiaint separately, to all named respondents. Please refer to the attached Notice of Case Closure and Right to Sue for information regarding filing a private lawsuit in the State of California, A courtesy "Notice of Filing of Discrimination Complaint" Is attached for your convenience, Be advised that the OFEH does not review or edit the complaint form to ensure that it meets procedural or statutory requirements. Sincerely, Department of Fair Employment and Housing ? (CHEE GAEORIALEoen Gonos i orc ula DEPARTMENT OF FAIR EMPLOYMENT & HOUSING Pera OMAEIO, 228 a 4G ICHI ETD (0 e000 ( | Clon Ry ave 734 Sepia on Sn gota cancnr Jahns) January 21, 2020 RE: Notice of Filing of Discrimination Complaint DFEH Matter Number: 202001-08973022 Right to Sue: McCarrick / Amazon.com Services, Inc. To All Respondent(s): Enclosed Is a copy of a complaint of discrimination that has been fled with the Department of Fair Employment and Housing (DFEH) in accordance with Govemment Code section 12960. This constitutes service of the complaint pursuant to Government Code section 12962. The compiainant has requested an authorization to file a lawsult ‘This case is not being investigated by DFEH and is being closed immediately. A copy of the Notice of Case Ciosure and Right to Sue is enclosed for your records, Please refer to the attached complaint for a list of all respondent(s) and thelr contact information. No response to DFEH is requested or requlred. Sincerely, Department of Fair Employment and Housing j, DEPARTMENT OF FAIR EMPLOYMENT & HOUSING Leselnst cael U3 1@5) cerokasenon0, ate 09 1En rsa e788 (0 066 a) 00-200 (71) Calor Ry aon 711 ipl go ea coos Ooah cag January 21, 2020 Lisa MeCarriok 8861 Black Oak Drive Rocklin, California 95765 RE: Notice of Case Closure and Right to Sue DFEH Matter Number: 202001-08973022 Right to Sue: McCarrick / Amazon.com Services, Inc. Dear Lisa McCarrick, This letter informs you that the above-referenced complaint was filed with the. Department of Fair Employment and Housing (DFEH) has been closed effective January 21, 2020 because an immediate Right to Sue notice was requested. DFEH will take no further action on the complaint, This letter is also your Right to Sue notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named In the above-referenced complaint, The civil action must be filed within one year from the date ofthis letter. To obtain a federal Right to Sue notice, you must contact the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of this DFEH Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is eater, Sincerely, Department of Fair Employment and Housing e©ereom neon 10 1 12 13 14 18 16 "7 18 19 20 RBRB 4 BS BR COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Under the Califomia Fair Employment and Housing Act. (Gov. Code, § 12900 et seq.) In the Matter of the Complaint of Lisa McCarrick OFEH No. 202001-08973022 Complainant, vs. ‘Amazon.com Services, Inc. 202 Westlake Avenue North | Seattle, Washington 98109 Respondents 1. Respondent Amazon.com Services, Inc. is an employer subject to suit under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq). 2. Complainant Lisa McCarrick, resides in the City of Rocklin State of California. 3. Complainant alleges that on or about November 26, 2019, respondent took the following adverse actions: ‘Complainant was discriminated against because of complainant's sex/gender and as a result of the discrimination was terminated, denied hire or promotion, denied equal pay, denied work opportunities or assignments. ‘Complainant expertenced retaliation because complainant reported or resisted any form of discrimination or harassment, participated as a witness in a discrimination or harassment complaint and as a result was terminated, denied hire ‘or promotion, reprimanded, denied or forced to transfer. ‘Additional Complaint Details: Plaintiff was employed at Amazon trom approximately July 11, 2018 until she was involuntarily terminated on or about November 26, 2019. During her employment, Plaintiff made numerous complaints ‘about the disparity in her pay as a female employee as compared to male co- jworkers, Including her subordinates. Furthermore, Plaintiff opposed the unlawful A, ‘Complaint = DFE No, 202001-06973022 Date Ftod: January 21, 2020 instruction from her direct supervisor to research the social media profiles of job icandidates and applicants in order to discern race, ethnicity and/or gender to make hiring decisions, Plaintiff also formally complained about these instructions and practices. As a result of the above, Plaintiff was involuntarily terminated from her Position, and was falsely told that it was based on her performance. e©erem son 10 "1 12 13 4 15 16 7 18 19 at 22 23 24 25 7 Date Filed: January 21, 2020 ‘Complaint = DFEH No, 202007-08673022~ © eronr en 10 " 12 13 14 15 16 7 18 19 24 24 25 26 ar 28 VERIFICATION |, Lisa MeCarrick, am the Complainant in the above-entitled complaint. | have read the foregoing complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which ara therein alleged on information and belief, and as to those matters, | belleve It to be true. On January 21, 2020, | dactare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Rocklin, California Date Fed: January 21, 2020 ae ‘Compiaint = DFEH No. 202007-08073022