1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff alleges: 1.

Plaintiff Christopher Busby was a resident of Portland, Oregon at all times during the conduct alleged in the complaint. Plaintiff is a former employee of Defendant McCormick & Schmick Restaurant Corporation, dba The Heathman Restaurant (THE HEATHMAN RESTAURANT). At all relevant times, plaintiff worked as a server for THE HEATHMAN. 2. Defendant McCormick & Schmick Restaurant Corporation is a domestic corporation organized under the laws of Delaware with its principal place of business located in Houston, TX. Defendant operates The Heathman Restaurant, where Plaintiff worked, in Portland. Thus, venue is proper in Multnomah County under ORS 14.080(2). FIRST CLAIM FOR RELIEF 3. Plaintiff worked full time for THE HEATHMAN RESTAURANT as a server for vs. MCCORMICK & SCHMICK RESTAURANT CORPORATION, DBA THE HEATHMAN RESTAURANT, Defendant. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH CHRISTOPHER BUSBY, Plaintiff, Case No. 1310-14951 COMPLAINT DISCRIMINATION FAILURE TO REGISTER TRADE NAME (VIOLATION OF ORS 659A.030) (VIOLATION OF ORS 648.135) Claimed Amount $49,999 Subject to Mandatory Arbitration JURY TRIAL DEMANDED

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eight months until his unlawful termination on December 29, 2012. 4. While employed by THE HEATHMAN RESTAURANT, Mr. Busbys supervisors treated him differently because he is gay. 5. In the months leading up to Plaintiffs termination, THE HEATHMAN RESTAURANT supervisor, Mark Taylor, directly called Plaintiff a faggot in the presence of other employees and in front of restaurant customers. 6. Plaintiff requested a meeting with manager Garret Peck to express his concerns about the disparate treatment that he was experiencing by THE HEATHMAN RESTAURANT supervisor. 7. Plaintiffs managers told him to keep his mouth shut and made it clear to him that Plaintiff would suffer consequences if he pressed the issue. 8. On December 29, 2012, THE HEATHMAN RESTAURANT terminated Plaintiff in retaliation for complaining about anti-gay discrimination in the workplace. 9. THE HEATHMAN is an employer within the meaning of 659A.001(4), employing workers within the state of Oregon. 12. THE HEATHMAN RESTAURANTs decision to terminate Mr. Busbys employment was motivated substantially in part by plaintiffs sexuality and in retaliation for his standing up to the discriminatory treatment that he was enduring at work.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff realleges paragraphs 1 and 2. Plaintiff demands a jury trial.

13. Plaintiff is entitled to a declaration that THE HEATHMAN has violated ORS 659A.030. Plaintiff is also entitled to injunctive relief, prohibiting discrimination based on sexual orientation. 14. As a direct and proximate result of THE HEATHMAN RESTAURANTS violation of ORS 659A.030, plaintiff has suffered lost income and benefits, including prejudgment interest, all to his economic detriment, in the approximate amount of $7,000. 15. As a direct and proximate result of THE HEATHMAN RESTAURANTS employees conduct, plaintiff has suffered stress, anxiety, humiliation, anger, emotional distress, inconvenience, and loss of enjoyment of life and is entitled to an award of compensatory damages in the amount of $42,999. 16. THE HEATHMAN RESTAURANT acted with malice or reckless indifference toward plaintiffs rights. Accordingly, plaintiff will, at the appropriate time, seek to amend his complaint to add a claim for punitive damages against THE HEATHMAN RESTAURANT. 17. Pursuant to ORS 659A.885(1) and ORS 20.107, plaintiff is entitled to an award of attorneys fees, expert fees and costs incurred herein. 18.

SECOND CLAIM FOR RELIEF 19.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 // // // relief; 2. Plaintiff demands a trial by jury.

20. During the time that plaintiff was employed by THE HEATHMAN RESTAURANT and at termination and at all times prior to filing suit, Defendant failed to maintain the registration of its trade name The Heathman Restaurant as required by ORS 648.135(1). 21. Plaintiff is entitled to recover $500 pursuant to ORS 648.135(2) 22. Plaintiff is entitled to his costs and attorney fees pursuant to ORS 648.135(2). 23.

WHEREFORE, plaintiff prays for relief as follows: ON HIS FIRST CLAIM FOR RELIEF: 1. A declaration that Defendant violated ORS 659A.030, and other equitable

An award of damages in an amount to be determined at trial, but in no event

greater than $49,999 plus prejudgment interest thereon at the statutory rate of 9% per annum; 3. 4. 5. Plaintiffs attorneys fees, expert witness fees, and costs; Plaintiffs costs and disbursements; and Such other relief as the court deems reasonable and appropriate.

ON HIS SECOND CLAIM FOR RELIEF: 1. 2. 3. A declaration that Defendant failed to comply with ORS 648.135(1), $500 pursuant to ORS 648.135(2) Plaintiffs attorneys fees, expert witness fees, and costs;

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4. 5.

Plaintiffs costs and disbursements; and Such other relief as the court deems reasonable and appropriate.

DATED this 24

day of October, 2013.

Respectfully submitted,

LAW WORKS LLC ___________________________________________ Lake James H. Perriguey, OSB No. 983213 Of Attorneys for Plaintiff and Trial Attorney