Tounkara-v-kbr
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Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
Page 1 of 6
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION Karen L. Tounkara, Plaintiff, v. K.B.R., Inc., Defendant.
§ § § § § § §
Civil Action No. __________ Jury
PLAINTIFF'S ORIGINAL COMPLAINT A. Parties 1.
Plaintiff, Karen L. Tounkara, is an individual that is a citizen of the State of
Texas. 2.
Defendant, K.B.R., Inc., is a corporation that is incorporated under the laws of
the State of Texas. Defendant has its principal place of business in the State of Texas. Defendant may be served with process by serving its registered agent, CT Corporation, at 350 N. St. Paul Street, Dallas, Texas 75201. B. Jurisdiction 3.
The court has jurisdiction over the lawsuit because the action arises under 42
U.S.C. §2000e–2. Plaintiff was discriminated against on the basis of religion, Islam. C. Venue 4.
Venue is proper in this district under 42 U.S.C. §2000e-5(f)(3) because the
alleged unlawful employment practice was committed in this district.
Plaintiff was
1
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
Page 2 of 6
discriminated against on the basis of religion at the employer’s location, 4100 Clinton Drive, Houston, Texas 77020. D. Exhaustion of Administrative Procedures 5.
Plaintiff timely filed a charge of discrimination against defendant with the Equal
Employment Opportunity Commission (EEOC). Plaintiff files this complaint within 90 days after receiving a notice of the right to sue from the EEOC. A copy of the notice of the right to sue is attached as Exhibit A. E. Count 1 - Discrimination Under Title VII 6.
Plaintiff is an employee within the meaning of Title VII and belongs to a class
protected under the statute, namely employees protected from religious discrimination. 7.
Defendant is an employer within the meaning of Title VII.
8.
Defendant intentionally discriminated against plaintiff because of her religion in
violation of Title VII by failing to make a reasonable, religious accommodation to allow the plaintiff to wear her hijab (headscarf) in observance of her Muslim faith during her hours of employment. F. Damages 9.
As a direct and proximate result of defendant's conduct, plaintiff suffered the
following injuries and damages.
2
Case 4:09-cv-02216
a.
Document 1
Filed in TXSD on 07/13/2009
Plaintiff was discharged from employment with defendant.
Page 3 of 6
Although
plaintiff has diligently sought other employment, she has been unable to find a job. In addition, plaintiff has incurred expenses in seeking other employment. b.
Plaintiff suffered mental anguish and emotional distress in the form of depression, anxiety, personal humiliation and shame.
c.
Plaintiff suffered physical illness in the form of depression, stress, insomnia, lack of appetite, chronic irritability. G. Attorney Fees
10. Plaintiff is entitled to an award of attorney fees and costs under Title VII, 42 U.S.C. §2000e-5(k). H. Prayer 11. For these reasons, plaintiff asks for judgment against defendant for the following: a.
Compensatory damages.
b.
Punitive Damages.
c.
Pre-judgment interest.
d.
Post-judgment interest.
3
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
e.
Reasonable attorney fees.
f.
Costs of suit.
g.
All other relief the Court deems appropriate.
Page 4 of 6
Respectfully submitted,
By: s/Darius R. Porter Darius R. Porter Federal Bar Number: 924424 2301 Caroline Street Houston, Texas 77004-1013 Tel. 713.589.4050 Fax 866.889.2555 ATTORNEY IN CHARGE FOR PLAINTIFF, KAREN L. TOUNKARA
4
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
Page 5 of 6
PLAINTIFF'S DEMAND FOR JURY TRIAL Plaintiff, Karen L. Tounkara, asserts her rights under the Seventh Amendment to the U.S. Constitution and demands, in accordance with Federal Rule of Civil Procedure 38, a trial by jury on all issues.
Respectfully submitted,
By: s/Darius R. Porter Darius R. Porter Federal Bar Number: 924424 2301 Caroline Street Houston, Texas 77004-1013 Tel. 713.589.4050 Fax 866.889.2555 ATTORNEY IN CHARGE FOR PLAINTIFF, KAREN L.TOUNKARA
5
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
Page 6 of 6
CERTIFICATE OF SERVICE I certify that copies of Plaintiff’s Original Complaint and Plaintiff’s Demand for Jury Trial was served on the CT Corporation, who is the registered agent for defendant, K.B.R., Inc., and whose address and telephone number are 350 North St. Paul Street, Dallas, Texas 75201, 214.979.1172, by certified U.S. mail, return receipt requested, on July 13, 2009.
S/Darius R. Porter Darius R. Porter
6
Document 1
Filed in TXSD on 07/13/2009
Page 1 of 6
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION Karen L. Tounkara, Plaintiff, v. K.B.R., Inc., Defendant.
§ § § § § § §
Civil Action No. __________ Jury
PLAINTIFF'S ORIGINAL COMPLAINT A. Parties 1.
Plaintiff, Karen L. Tounkara, is an individual that is a citizen of the State of
Texas. 2.
Defendant, K.B.R., Inc., is a corporation that is incorporated under the laws of
the State of Texas. Defendant has its principal place of business in the State of Texas. Defendant may be served with process by serving its registered agent, CT Corporation, at 350 N. St. Paul Street, Dallas, Texas 75201. B. Jurisdiction 3.
The court has jurisdiction over the lawsuit because the action arises under 42
U.S.C. §2000e–2. Plaintiff was discriminated against on the basis of religion, Islam. C. Venue 4.
Venue is proper in this district under 42 U.S.C. §2000e-5(f)(3) because the
alleged unlawful employment practice was committed in this district.
Plaintiff was
1
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
Page 2 of 6
discriminated against on the basis of religion at the employer’s location, 4100 Clinton Drive, Houston, Texas 77020. D. Exhaustion of Administrative Procedures 5.
Plaintiff timely filed a charge of discrimination against defendant with the Equal
Employment Opportunity Commission (EEOC). Plaintiff files this complaint within 90 days after receiving a notice of the right to sue from the EEOC. A copy of the notice of the right to sue is attached as Exhibit A. E. Count 1 - Discrimination Under Title VII 6.
Plaintiff is an employee within the meaning of Title VII and belongs to a class
protected under the statute, namely employees protected from religious discrimination. 7.
Defendant is an employer within the meaning of Title VII.
8.
Defendant intentionally discriminated against plaintiff because of her religion in
violation of Title VII by failing to make a reasonable, religious accommodation to allow the plaintiff to wear her hijab (headscarf) in observance of her Muslim faith during her hours of employment. F. Damages 9.
As a direct and proximate result of defendant's conduct, plaintiff suffered the
following injuries and damages.
2
Case 4:09-cv-02216
a.
Document 1
Filed in TXSD on 07/13/2009
Plaintiff was discharged from employment with defendant.
Page 3 of 6
Although
plaintiff has diligently sought other employment, she has been unable to find a job. In addition, plaintiff has incurred expenses in seeking other employment. b.
Plaintiff suffered mental anguish and emotional distress in the form of depression, anxiety, personal humiliation and shame.
c.
Plaintiff suffered physical illness in the form of depression, stress, insomnia, lack of appetite, chronic irritability. G. Attorney Fees
10. Plaintiff is entitled to an award of attorney fees and costs under Title VII, 42 U.S.C. §2000e-5(k). H. Prayer 11. For these reasons, plaintiff asks for judgment against defendant for the following: a.
Compensatory damages.
b.
Punitive Damages.
c.
Pre-judgment interest.
d.
Post-judgment interest.
3
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
e.
Reasonable attorney fees.
f.
Costs of suit.
g.
All other relief the Court deems appropriate.
Page 4 of 6
Respectfully submitted,
By: s/Darius R. Porter Darius R. Porter Federal Bar Number: 924424 2301 Caroline Street Houston, Texas 77004-1013 Tel. 713.589.4050 Fax 866.889.2555 ATTORNEY IN CHARGE FOR PLAINTIFF, KAREN L. TOUNKARA
4
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
Page 5 of 6
PLAINTIFF'S DEMAND FOR JURY TRIAL Plaintiff, Karen L. Tounkara, asserts her rights under the Seventh Amendment to the U.S. Constitution and demands, in accordance with Federal Rule of Civil Procedure 38, a trial by jury on all issues.
Respectfully submitted,
By: s/Darius R. Porter Darius R. Porter Federal Bar Number: 924424 2301 Caroline Street Houston, Texas 77004-1013 Tel. 713.589.4050 Fax 866.889.2555 ATTORNEY IN CHARGE FOR PLAINTIFF, KAREN L.TOUNKARA
5
Case 4:09-cv-02216
Document 1
Filed in TXSD on 07/13/2009
Page 6 of 6
CERTIFICATE OF SERVICE I certify that copies of Plaintiff’s Original Complaint and Plaintiff’s Demand for Jury Trial was served on the CT Corporation, who is the registered agent for defendant, K.B.R., Inc., and whose address and telephone number are 350 North St. Paul Street, Dallas, Texas 75201, 214.979.1172, by certified U.S. mail, return receipt requested, on July 13, 2009.
S/Darius R. Porter Darius R. Porter
6
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