Laure Quinlivan V. Wcpo, Ew Scripps Company, Complaint W/jury Demand, 2-6-09

Case 1:09-cv-00094-SJD

Document 1

Filed 02/06/2009

Page 1 of 9

J4

llff« °*Ftt.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LAURE QUINLIVAN 3624 Kroger Avenue Cincinnati, Ohio 45226

Case No.

Judge

1

""

>cyf

j piofT

fPiia,3*27

W|iiS

Plaintiff, v. WCPO-TV/E.W. SCRIPPS COMPANY 312 Walnut Street 2800 Scripps Center Cincinnati, Ohio 45202

COMPLAINT WITH JURY DEMAND ENDORSED HEREON

Defendant. PARTIES 1.

Plaintiff Laure Quinlivan is a citizen and resident of the State of Ohio.

2.

Defendant WCPO-TV/E.W. Scripps Company is an Ohio corporation. Defendant

is an employer within the meaning of state and federal law. NATURE OF ACTION 3.

This action is filed by Plaintiff Laure Quinlivan ("Plaintiff), who worked for

Defendant WCPO-TV/E.W. Scripps Company ("Defendant") as an Investigative Reporter/Producer from May, 1995 until her termination effective December 31, 2007. Pursuant to an Agreement between Defendant and its Reporters, Plaintiff was due approximately 26 weeks of severance pay Defendant refused to make this severance pay to Plaintiff. At the time of her termination, Plaintiff was 48 years old and had recently returned from maternity leave. Plaintiff brings this action alleging breach of contract, discrimination on the basis of her gender and recent pregnancy, age, and retaliation for consulting with an attorney. 4.

Throughout her employment, Plaintiff was a loyal and dedicated employee and

was well-regarded by her colleagues and viewers. By all accounts Plaintiff excelled in her role as an Investigative Reporter/Producer and was recognized nationally for her coverage of stories of

Case 1:09-cv-00094-SJD

Document 1

Filed 02/06/2009

Page 2 of 9

significant relevance to the local community. Plaintiff won two George Foster Peabody Awards. The George Foster Peabody Award is television's highest honor and Plaintiff is the only reporter for Defendant to ever win two of these prestigious awards. Plaintiff was the recipient of numerous other national awards, including three SPJ Sigma Delta Chi Awards, the Scripps Howard Award, the duPont Columbia Award, the IRE Award, the Walter Cronkite Award, and eighteen regional Emmy Awards. Plaintiff has also been named Best Reporter in Ohio. 5.

Plaintiff was the Lead I-Team reporter during her employment with Defendant

and is well-known for many of her stories. Plaintiff exposed the mismanagement of public funds used for construction of Paul Brown Stadium between 1999 and 2001. Plaintiffs "Visions of Vine Street" first aired in December, 2001. This was the first one-hour commercial-free documentary Defendant had ever aired. This documentary won the Peabody and numerous national awards, and was picked up by various public broadcasting stations and aired many times. Plaintiffs work resulted in government and community action leading to more than 50 million dollars of investment into revitalization of the neighborhood. Over the next five years, Plaintiff continued to report on the progress of Vine Street. Her work garnered the respect of the community and brought positive attention to Defendant. Plaintiff simply was the most accomplished Reporter/Producer that Defendant ever employed. 6.

Plaintiff became pregnant in 2006. In December, 2006, Plaintiff contacted her

direct supervisor to discuss her upcoming maternity leave. Plaintiff and Defendant were unable to come to agreement on Plaintiffs maternity leave and Plaintiff consulted an attorney to assist her in negotiating her leave of absence. With the assistance of her attorney, Plaintiff was able to get her leave of absence request granted. 7.

Upon returning from maternity leave, Plaintiff s job duties were different. Her

Anchor/Reporter Employment Agreement with Defendant stated that to ensure a quality product, 2

Case 1:09-cv-00094-SJD

Document 1

Filed 02/06/2009

Page 3 of 9

she would not be required to do more than twelve investigations a year. However, she was now required to complete one story per week. 8.

Plaintiff tried to explore the possibility of working a part-time schedule or a more

flexible full-time schedule. Defendant refused to consider options presented by Plaintiff. Other employees had been permitted to work reduced or part-time schedules upon request. 9.

Defendant terminated Plaintiff effective December 31, 2007. Pursuant to the

Agreement between WCPO-TV and Reporters Plaintiff was due approximately 26 weeks of severance pay. Defendant refused to make this severance pay to Plaintiff Other individuals who were separated from Defendant received large severance packages. Defendant replaced Plaintiff with a significantly younger male. JURISDICTION AND VENUE 10.

This Court has personal jurisdiction over Defendant because it conducts business

within this district and division, 11.

This Court has federal question jurisdiction to hear this case pursuant to 28 U.S.C.

§1331 as it arises under the laws of the United States. Plaintiffs Count II arises under the Pregnancy Discrimination Act of 1978 ("PDA"), 42 U.S.C. §2000e(k), Plaintiffs Count IV arises under Title VH of the Civil Rights Act of 1964 as amended ("Title VH"), and Plaintiffs Count VI arises under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §621 et seq. 12.

This Court also has supplemental jurisdiction over the state law claims in Counts

I, IE, V, VH and VIE pursuant to 28 U.S.C. §1367 on the grounds that these Counts are so related to the federal claims included in Counts II, TV and VI over which this Court has original jurisdiction, that they form part of the same case or controversy.

3

Case 1:09-cv-00094-SJD

13.

Document 1

Filed 02/06/2009

Page 4 of 9

Venue is proper in the Southern District of Ohio pursuant to 28 U.S.C. § 1391(b)

because, for purposes of venue, a substantial amount of the conduct giving rise to Plaintiffs claims occurred within this Division and District. COUNT I (Breach of Contract) 14.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

15.

The Agreement between Defendant and its reporters provided for severance pay in

the event of dismissal of a reporter for a reason other than just cause. 16.

Plaintiff was dismissed without just cause.

17.

Defendant breached the Agreement between Defendant and its reporters when it

refused to pay Plaintiff severance pay. 18.

As a result of Defendant's breach, Plaintiff has been damaged and is entitled to

recovery. COUNT II (Pregnancy Discrimination - PDA - 42 U.S.C. § 2000e(k)) 19.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

20.

Plaintiff was fully qualified for the position she held at all relevant times.

21.

Plaintiff was pregnant and, therefore, a member of the class protected under the

22.

Defendant intentionally, willfully, and wantonly discriminated against Plaintiff by,

PDA.

including but not limited to, terminating her employment in violation of the PDA. 23.

As a direct and proximate result of Defendant's discriminatory conduct, Plaintiff

has suffered damages and is entitled to judgment. COUNT III 4

Case 1:09-cv-00094-SJD

Document 1

Filed 02/06/2009

Page 5 of 9

(Pregnancy Discrimination - O.R.C. § 4112.02 and § 4112.99) 24.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

25.

Plaintiff was fully qualified for the position she held at all relevant times.

26.

Defendant intentionally, willfully, and wantonly discriminated against Plaintiff by,

including but not limited to, terminating her employment in violation of Ohio law. 27.

As a direct and proximate result of Defendant's discriminatory conduct, Plaintiff

has suffered damages and is entitled to judgment. COUNT IV (Gender Discrimination - Title VII) 28.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

29.

Plaintiff is female.

30.

Plaintiff was qualified for her position at all times.

31.

Defendant' s termination of Plaintiff s employment allowed for the retention of

less qualified male employees. 32.

Defendant has engaged in a pattern and practice of gender discrimination.

33.

Defendant violated Title VII when it terminated Plaintiffs employment on

account of her gender. 34.

Defendant's actions were intentional, willful, wanton and malicious in nature.

35.

As a direct and proximate cause of Defendant's unlawful discriminatory conduct,

Plaintiff has been damaged and is entitled to relief under Title VII.

5

Case 1:09-cv-00094-SJD

Document 1

Filed 02/06/2009

Page 6 of 9

COUNT V (Gender Discrimination - O.R.C. Chapter 4112) 36.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

37.

Plaintiff is female.

3 8.

Plaintiff was qualified for her position at all times.

39.

Defendant's termination of Plaintiff s employment allowed for the retention of

less qualified male employees. 40.

Defendant has engaged in a pattern and practice of gender discrimination.

41.

Defendant violated Ohio Revised Code Chapter 4112 when it terminated

Plaintiffs employment on account of her gender. 42.

Defendant's actions were intentional, willful, wanton, and malicious in nature.

43.

As a direct and proximate cause of Defendant's unlawful discriminatory conduct,

Plaintiff has been damaged and is entitled to relief under O.R.C. Chapter 4112. COUNT VI (Age Discrimination - ADEA) 44.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

45.

Plaintiff was over the age of 40 and qualified for her position at all relevant times.

46.

Defendant's termination of Plaintiff s employment allowed for the retention of

significantly younger, less qualified employees. 47.

Defendant has engaged in a pattern and practice of age discrimination.

48.

Defendant violated the ADEA when it terminated Plaintiffs employment based

on her age. 49.

Defendant's actions in violating the ADEA were intentional, willful, wanton, and

malicious in nature. 6

Case 1:09-cv-00094-SJD

50.

Document 1

Filed 02/06/2009

Page 7 of 9

As a direct and proximate cause of Defendant's unlawful discriminatory conduct,

Plaintiff has been damaged and is entitled to relief under the ADEA. COUNT VII (Age Discrimination - O.R.C. Chapter 4112) 51.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

52.

Plaintiff was over the age of 40 and qualified for her position at all relevant times.

53.

Defendant's termination of Plaintiff s employment allowed for the retention of

significantly younger, less qualified employees. 54.

Defendant has engaged in a pattern and practice of age discrimination.

55.

Defendant violated Ohio Revised Code Chapter 4112 when it terminated

Plaintiffs employment based on her age. 56.

Defendant's actions were intentional, willful, wanton, and malicious in nature.

57.

As a direct and proximate cause of Defendant's unlawful discriminatory conduct,

Plaintiff has been damaged and is entitled to relief under O.R.C. Chapter 4112. COUNT VIII (Breach of Ohio Public Policy - Retaliation for Consulting an Attorney) 58.

Plaintiff realleges the foregoing paragraphs as if fully rewritten herein.

59.

The State of Ohio has articulated a clear public policy that prohibits an employee

from being retaliated against for consulting an attorney. 60.

Defendant's retaliatory conduct against Plaintiff violates the express public policy

of the State of Ohio. 61.

Defendant lacked an overriding, legitimate business justification for its actions.

62.

Defendant's actions constitute a breach of public policy and are willful, wanton

and malicious in nature. 7

Case 1:09-cv-00094-SJD

63.

Document 1

Filed 02/06/2009

Page 8 of 9

As a direct and proximate result of Defendant's misconduct, Plaintiff has suffered

injuries and damages for which Plaintiff is entitled to recovery. WHEREFORE, Plaintiff Laure Quinlivan demands judgment against Defendant, WCPO-TV/E.W. Scripps Company as follows: a)

That Plaintiff be reinstated to her former employment with Defendant;

b)

That Plaintiff be awarded all lost pay and benefits;

c)

That Plaintiff be awarded compensatory damages;

d)

That Plaintiff be awarded punitive damages;

e)

That Plaintiff be awarded liquidated damages;

f)

That Plaintiff be awarded front pay damages;

g)

That Plaintiff be awarded prejudgment interest;

h)

That Plaintiff be awarded reasonable attorney's fees; and

i)

That Plaintiff be awarded all other legal and equitable relief to which she may be

entitled. Respectfully submitted,

•

Randolph H. Freking, Esq. (0009158) • M . Allison, Esq. (0073955) Attorneys for Plaintiff /FREKING & BETZ, LLC 525 Vine Street, Sixth Floor Cincinnati, OH 45202 513-721-1975/Fax: 513-651-2570 randy@frekingandbet. com jallison @frekingandbetz. com

8

Case 1:09-cv-00094-SJD

Document 1

Filed 02/06/2009

JURY DEMAND Plaintiff hereby demands a trial by jury.

9

Page 9 of 9