UNITED STATES DISTRICT COURT

[DISTRICT NAME]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT EMPLOYER NAME],
Defendant.

Civil Action No.: ____________________

COMPLAINT FOR EMPLOYMENT DISCRIMINATION UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

JURY TRIAL DEMANDED

INTRODUCTION

1. This is an action for employment discrimination brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Plaintiff [Name] ("Plaintiff") brings this action against [Defendant Name] ("Defendant") for unlawful discrimination based on [race/color/religion/sex/national origin] in violation of Title VII.

2. Plaintiff seeks compensatory damages, back pay, front pay, punitive damages, declaratory and injunctive relief, attorney's fees and costs, and all other relief to which Plaintiff may be entitled.

JURISDICTION AND VENUE

3. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 42 U.S.C. § 2000e-5(f)(3).

4. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and 42 U.S.C. § 2000e-5(f)(3) because [select applicable]:
   ☐ The unlawful employment practices are alleged to have been committed in this District
   ☐ Defendant resides in this District
   ☐ Defendant maintains a place of business in this District
   ☐ Relevant employment records are maintained in this District

5. Plaintiff has satisfied all conditions precedent to bringing this action, including the timely filing of a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC"), EEOC Charge No. [Number], and receipt of a Notice of Right to Sue dated [Date].

6. This Complaint is timely filed within ninety (90) days of Plaintiff's receipt of the EEOC's Notice of Right to Sue on [Date Received].

PARTIES

Plaintiff

7. Plaintiff [Full Legal Name] is an adult individual who resides at [Address, City, State, Zip Code]. Plaintiff is a member of a protected class under Title VII based on [his/her] [race/color/religion/sex/national origin].

8. At all times relevant to this Complaint, Plaintiff was an "employee" within the meaning of Title VII, 42 U.S.C. § 2000e(f).

Defendant

9. Defendant [Employer Legal Name] is a [corporation/limited liability company/partnership/other] organized and existing under the laws of the State of [State], with its principal place of business at [Address, City, State, Zip Code].

10. At all times relevant to this Complaint, Defendant was an "employer" within the meaning of Title VII, 42 U.S.C. § 2000e(b), as it employed fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year.

11. Defendant is engaged in an industry affecting commerce within the meaning of 42 U.S.C. § 2000e(g) and (h).

ADMINISTRATIVE EXHAUSTION

12. On or about [Date], Plaintiff filed a timely Charge of Discrimination with the EEOC, Charge No. [Number], alleging discrimination based on [protected characteristic(s)].

13. The EEOC issued a [Dismissal and Notice of Rights / Notice of Right to Sue / Letter of Determination] dated [Date].

14. Plaintiff received the Notice of Right to Sue on or about [Date].

15. Plaintiff has exhausted all administrative remedies and this action is timely filed within ninety (90) days of receipt of the Right to Sue notice.

STATEMENT OF FACTS

Plaintiff's Employment

16. Defendant hired Plaintiff on or about [Date] for the position of [Job Title] at Defendant's [Location] facility.

17. At all relevant times, Plaintiff performed [his/her] job duties satisfactorily and met or exceeded Defendant's legitimate performance expectations.

18. Plaintiff's [race/color/religion/sex/national origin] is [specify].

Discriminatory Treatment

19. Beginning on or about [Date], Defendant subjected Plaintiff to unlawful discrimination based on Plaintiff's [protected characteristic].

20. The discriminatory acts include, but are not limited to, the following:

a. [Describe specific incident 1, including date, location, persons involved, and what occurred]

___________________________________________________________________________

___________________________________________________________________________

b. [Describe specific incident 2, including date, location, persons involved, and what occurred]

___________________________________________________________________________

___________________________________________________________________________

c. [Describe specific incident 3, including date, location, persons involved, and what occurred]

___________________________________________________________________________

___________________________________________________________________________

21. [Describe any additional facts showing discriminatory treatment]

___________________________________________________________________________

___________________________________________________________________________

Comparative Treatment / Disparate Treatment

22. Plaintiff was treated less favorably than similarly situated employees outside of Plaintiff's protected class.

23. Specifically, [Name/Position of comparator(s)], who [is/are] [race/color/religion/sex/national origin], [was/were] treated more favorably than Plaintiff under similar circumstances. For example:

a. [Describe how comparator was treated differently]

___________________________________________________________________________

b. [Describe additional examples of disparate treatment]

___________________________________________________________________________

Adverse Employment Action

24. On or about [Date], Defendant took the following adverse employment action(s) against Plaintiff:

☐ Termination of employment
☐ Demotion
☐ Failure to promote
☐ Failure to hire
☐ Reduction in pay
☐ Reduction in hours
☐ Denial of benefits
☐ Unfavorable job assignment
☐ Denial of training opportunities
☐ Discipline
☐ Other: _______________________________________________________________

25. [Describe the adverse action in detail]

___________________________________________________________________________

___________________________________________________________________________

Evidence of Discriminatory Intent

26. The circumstances surrounding the adverse employment action demonstrate that Defendant's actions were motivated by discrimination based on Plaintiff's [protected characteristic], including:

a. [Describe evidence of discriminatory motive - statements, timing, pretext, etc.]

___________________________________________________________________________

b. [Additional evidence]

___________________________________________________________________________

27. Defendant's proffered reasons for the adverse employment action are pretextual and not the true reasons for Defendant's conduct.

Internal Complaints

28. [If applicable] On or about [Date], Plaintiff complained to [Name/Title] about the discriminatory treatment. Defendant [describe response or lack thereof].

COUNT I: DISPARATE TREATMENT DISCRIMINATION IN VIOLATION OF TITLE VII

(42 U.S.C. § 2000e-2)

29. Plaintiff incorporates by reference all preceding paragraphs as if fully set forth herein.

30. Defendant's actions as described above constitute unlawful employment discrimination based on [race/color/religion/sex/national origin] in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a).

31. Title VII makes it unlawful for an employer "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1).

32. Defendant intentionally discriminated against Plaintiff because of [his/her] [protected characteristic] by [describe the discriminatory conduct].

33. Defendant's conduct was willful and/or in reckless disregard of Plaintiff's federally protected rights.

34. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff has suffered and continues to suffer damages, including but not limited to:
    - Lost wages and benefits (back pay)
    - Future lost wages and benefits (front pay)
    - Emotional distress, humiliation, and mental anguish
    - Damage to professional reputation
    - Loss of career advancement opportunities
    - Other consequential damages

COUNT II: [ADDITIONAL COUNT - IF APPLICABLE]

(Example: Harassment / Hostile Work Environment)

[Include if alleging hostile work environment based on protected characteristic]

35. Plaintiff incorporates by reference all preceding paragraphs as if fully set forth herein.

36. Defendant subjected Plaintiff to unwelcome harassment based on Plaintiff's [protected characteristic].

37. The harassment was sufficiently severe or pervasive to alter the conditions of Plaintiff's employment and create an abusive working environment.

38. The harassment would have affected a reasonable person of the same protected class.

39. Plaintiff actually perceived the work environment to be hostile and abusive.

40. [If supervisor harassment] The harassment was committed by Plaintiff's supervisor(s), [Name(s)/Title(s)], and Defendant is vicariously liable for such harassment.

41. [If co-worker harassment] Defendant knew or should have known of the harassment and failed to take prompt and appropriate remedial action.

COUNT III: RETALIATION IN VIOLATION OF TITLE VII

(42 U.S.C. § 2000e-3)

[Include if alleging retaliation]

42. Plaintiff incorporates by reference all preceding paragraphs as if fully set forth herein.

43. Plaintiff engaged in protected activity by [describe protected activity: opposing discrimination, filing EEOC charge, participating in investigation, etc.] on or about [Date].

44. Defendant was aware of Plaintiff's protected activity.

45. Thereafter, Defendant took adverse employment action against Plaintiff by [describe adverse action].

46. Defendant's adverse employment action was taken because of Plaintiff's protected activity.

47. The temporal proximity between Plaintiff's protected activity and the adverse action, along with other circumstances, demonstrates a causal connection between the protected activity and the adverse action.

48. Defendant's conduct violated 42 U.S.C. § 2000e-3(a), which prohibits retaliation against employees who oppose unlawful practices or participate in proceedings under Title VII.

DAMAGES

49. As a direct and proximate result of Defendant's unlawful conduct, Plaintiff has suffered damages, including:

Economic Damages

50. Back Pay: Plaintiff is entitled to back pay for lost wages and benefits from [Date of adverse action] to the date of judgment, in an amount to be proven at trial but estimated to exceed $[Amount].

51. Front Pay: Plaintiff is entitled to front pay for future lost earnings, in an amount to be determined at trial.

52. Lost Benefits: Plaintiff is entitled to compensation for lost employee benefits including [health insurance, retirement contributions, bonuses, etc.].

Compensatory Damages

53. Plaintiff is entitled to compensatory damages for emotional distress, humiliation, mental anguish, and loss of enjoyment of life caused by Defendant's unlawful conduct, in an amount to be determined at trial.

Punitive Damages

54. Defendant's conduct was undertaken with malice or reckless indifference to Plaintiff's federally protected rights. Accordingly, Plaintiff is entitled to punitive damages pursuant to 42 U.S.C. § 1981a(b)(1), in an amount to be determined at trial.

Attorney's Fees and Costs

55. Pursuant to 42 U.S.C. § 2000e-5(k), Plaintiff is entitled to recover reasonable attorney's fees and costs incurred in prosecuting this action.

STATE-SPECIFIC CLAIMS

[Include applicable state law claims for additional remedies]

California (FEHA) - Government Code § 12940

56. [If applicable] In addition to federal claims, Plaintiff asserts claims under the California Fair Employment and Housing Act, Government Code § 12940 et seq., which provides additional protections and remedies.

Texas (TCHRA) - Texas Labor Code Chapter 21

57. [If applicable] In addition to federal claims, Plaintiff asserts claims under the Texas Commission on Human Rights Act, Texas Labor Code Chapter 21.

Florida (FCRA) - Florida Statutes § 760.10

58. [If applicable] In addition to federal claims, Plaintiff asserts claims under the Florida Civil Rights Act, Florida Statutes § 760.10.

New York (NYSHRL) - Executive Law § 296

59. [If applicable] In addition to federal claims, Plaintiff asserts claims under the New York State Human Rights Law, Executive Law § 296, and [if applicable] the New York City Human Rights Law, Administrative Code § 8-107.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Accept jurisdiction of this case;

B. Issue a declaratory judgment that Defendant's acts and practices complained of herein violate Title VII of the Civil Rights Act of 1964;

C. Issue a permanent injunction enjoining Defendant and its agents, employees, successors, and all persons acting in concert with it from engaging in discrimination based on [protected characteristic];

D. Order Defendant to implement policies, practices, and programs that provide equal employment opportunities for [members of protected class] and eradicate the effects of its past and present unlawful employment practices;

E. Award Plaintiff back pay with prejudgment interest for lost wages and benefits;

F. Award Plaintiff front pay or, in the alternative, order reinstatement to [his/her] former position or an equivalent position;

G. Award Plaintiff compensatory damages for emotional distress, humiliation, and mental anguish in an amount to be determined at trial;

H. Award Plaintiff punitive damages in an amount to be determined at trial;

I. Award Plaintiff reasonable attorney's fees and costs of this action pursuant to 42 U.S.C. § 2000e-5(k);

J. Award Plaintiff prejudgment and post-judgment interest as provided by law; and

K. Grant such other and further relief as the Court deems just and proper.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

Respectfully submitted,

Date: _________________________

_______________________________
[Attorney Name]
[State Bar Number]
[Law Firm Name]
[Address]
[City, State, Zip Code]
[Telephone]
[Email]

Attorney for Plaintiff

VERIFICATION

I, [Plaintiff Name], declare under penalty of perjury that I have read this Complaint and that the factual allegations contained herein are true and correct to the best of my knowledge, information, and belief.

Date: _________________________

_______________________________
[Plaintiff Signature]
[Plaintiff Printed Name]

EXHIBITS

☐ Exhibit A: EEOC Charge of Discrimination
☐ Exhibit B: EEOC Notice of Right to Sue
☐ Exhibit C: [Additional supporting documents]

Note: This template must be adapted to the specific facts of each case and comply with the Federal Rules of Civil Procedure and any applicable local rules of the district court where filed.