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RODNEY BRITTON,
Plaintiff,
-v- Civil No. ____________
APPLE INC.,
Defendant.
NOW COMES Plaintiff Rodney Britton and files this, his Original Complaint, and
I. PARTIES
Apple can be served through its registered agent for service of process, CT Corp System, at 1999
3. This Court has original jurisdiction to hear this complaint under 28 U.S.C.
1331 because this case asserts claims for violations of Title VII of the Civil Rights Act of 1964,
(42 U.S.C. 2000e, et seq.), a federal law that provides for federal question jurisdiction.
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4. This Court has supplemental jurisdiction over the state law claim under 28 U.S.C.
1367, this claim being so related to the claims in the action within this Courts original
5. Venue is appropriate in the Northern District of Texas because the acts giving rise
III. FACTS
7. For the duration of his employment, Mr. Britton always gave his best efforts to
Apple.
8. Mr. Britton most recently worked as a Senior Manager at Apples NorthPark store
in Dallas, Texas.
9. Mr. Britton always received positive reviews and did not have any disciplinary
history.
10. For his exemplary performance, Apple awarded Mr. Britton company stock
11. Unfortunately, Apple hired a part-time employee, Joey Taylor, who sexually
12. Mr. Britton was one of the individuals subjected to Mr. Taylors unwelcome
sexual harassment.
13. Beginning in October 2015, Mr. Taylor began sending lewd, inappropriate
14. Mr. Britton attempted to address the matter directly with Mr. Taylor; however,
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15. In April 2016, Mr. Taylors harassment increased in severity and tone.
16. Among other things, Mr. Taylor made numerous sexual references to Mr. Britton
17. Following Mr. Taylors harassing comments, on April 20, 2016, Mr. Britton
18. Unfortunately, Mr. Cole took no prompt remedial action concerning the situation.
19. Mr. Cole simply responded that Mr. Britton should talk to Mr. Taylor himself and
20. On April 22, 2016, Mr. Taylor went out on medical leave following a meeting
21. Upon Mr. Taylors return in July 2016, Mr. Taylors harassment continued.
22. On or about August 7, 2016, Mr. Britton, Mr. Taylor, and Mr. Cole all met
24. Furthermore, Mr. Taylor was allowed to take control of the meeting and demand
25. At the end of the meeting, Mr. Taylor falsely accused Mr. Britton of encouraging
26. Mr. Britton then excused himself from the meeting, expressed concern about his
safety and well being, and asked to speak with Human Resources.
27. On or about August 8, 2016, Mr. Britton complained to Jody Wright, Dallas
market Human Resources Manager, of sexual harassment and Mr. Coles failure to remedy the
situation.
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28. Ms. Wright told Mr. Britton that, as a senior manager, it was part of his
29. Mr. Britton responded that sexual harassment is not something anyone is
30. Furthermore, Mr. Taylor remained both an employee and a threat to co-workers.
31. Following Mr. Brittons complaint to Ms. Wright, Apple began to retaliate against
Mr. Britton.
32. On or about August 11, 2016, Mr. Britton again met with Mr. Cole, who told Mr.
33. For the next several weeks, Mr. Cole then began acting aggressively toward Mr.
34. Several other managers, including Derrick Zachary, Justin Talbot, and Tiffany
Gotro, noticed Mr. Coles change in behavior, with one even noting it appeared Mr. Cole was
35. Following Mr. Brittons meetings with Ms. Wright and Mr. Cole, Mr. Britton was
36. Several weeks later, Ms. Wright informed Mr. Britton he was being investigated
37. On or about September 21, 2016, six weeks after Mr. Brittons complaint to Ms.
38. The stated reason for Mr. Brittons termination was his involvement in favorable
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40. First, Mr. Britton did not engage in any favorable transactions with a friend.
41. Second, Apple did not provide Mr. Britton with any examples of any transactions
42. Mr. Britton simply exchanged items that would be done for any other customers.
43. Mr. Britton did not apply any discounts or other type of favorable treatment that
could and would not have been done for any other customer.
44. Third, the individual was someone Mr. Britton had briefly dated three years ago
but had not been in any type of close contact with that person for the past three years.
45. Importantly, Mr. Britton was encouraged by other store leaders to ring out
(handle transactions, purchases, returns, etc.) the individual in question, with the other leaders
even telling Mr. Britton, Go ahead and take care of him. We trust you.
46. Mr. Britton is not aware of and was never trained on any policy stating that
managers cannot have any involvement of any kind in transactions with friends or acquaintances.
47. Apple requires that in any transaction with a family or friend where a large
discount is being applied, the employee must partner with another employee to handle the
discount.
48. Mr. Britton always partnered with another manager in these situations.
49. Finally, other managers in that same store and other stores routinely ring out
50. None of these managers have been disciplined or terminated for the conduct
51. In the six years Mr. Britton has been a manager in Dallas, Mr. Britton has never
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52. Mr. Britton dual-filed a charge of discrimination with the EEOC and TWC on or
about December 20, 2016. He received his right to sue from the EEOC on or about June 22,
2017. He has requested the right to sue from the TWC but not yet received it.
53. All conditions precedent to the bringing of this suit have been satisfied or
fulfilled.
54. Plaintiff realleges and incorporates the allegations contained in paragraphs 6-53 as
57. Defendants actions were intentional and done with malice or reckless disregard.
58. Plaintiff has satisfied all jurisdictional prerequisites in connection with his claims
59. Because of the actions of the Defendant, Mr. Britton suffered damages within the
60. Plaintiff realleges and incorporates the allegations contained in paragraphs 6-53 as
63. Defendants actions were intentional and done with malice or reckless disregard.
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64. Plaintiff has satisfied all jurisdictional prerequisites in connection with his claims
65. Because of the actions of the Defendant, Mr. Britton suffered damages within the
VII. DAMAGES
67. Plaintiff seeks all damages allowed under 42 U.S.C. 2000e, et seq., and Chapter
(a) Plaintiff seeks all actual damages, including his wages and benefits denied
(b) Plaintiff seeks front pay and compensatory damages for future pecuniary
(c) Plaintiff seeks punitive damages in the maximum amount allowed by law.
(g) Plaintiff seeks pre- and post-judgment interest at the maximum rate
allowed by law.
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be issued, and that upon a trial on the merits, Plaintiff be awarded the relief requested in this
Complaint and such other and further relief to which he may be justly entitled.
Respectfully submitted,
ROB WILEY, P.C.
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