1 6 13 Complaint Nvd Klosowski v Sbn ADA 023

7/29/2019 1 6 13 Complaint Nvd Klosowski v Sbn ADA 023

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Case 2:13-cv-00023-JCM-NJK Document 1 Filed 01/06/13 Page 1 of 6

1 RICHARD SEGERBLOM, ESQ.Nevada BarNo. 10102 700 South Third StreetLas Vegas, Nevada 891013 Tel: 702) 388-9600Fax: 702) 385-2909456789

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Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEVADA

CHARLES KLOSOWSKI,Plaintiff, ) C O M P L I N T) Jury Demanded)vs. )

STATE BAR OF NEVADA, )Defendant.

)

COMES NOW Plaintiff and complains ofDefendant as follows:First Cause of ActionDisability Discrimination)I.

This is an employment discrimination action. The Plaintiff alleges he was treateddifferently, denied an accommodation and tenninated by the Defendant because ofhisdisability and because he engaged in protected activity. Jurisdiction and venue are basedupon the ADA.

II.The Plaintiff is a resident ofClark County, Nevada and is a qualified individual

with a disability. The Defendant is a Nevada corporation which regulates the legalprofession in the State ofNevada. At all times herein the Plaintiff was employed y the


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Defendant.III.

The Plaintiff worked as Assistant Coordinator, LRE, at the Defendant s Las Vegasoffice. During the summer of2 12 the Plaintiff was perceived as having a disability, andrather than enter into the interactive process to determine the nature of that disability andwhether it could be accommodated, the Defendant terminated the Plaintiff on August 62012. In failing to engage in the interactive process and instead terminating the Plaintiff theDefendant violated the ADA.

IV.The Plaintiff filed a charge of discrimination with the EEOC and a copy of that

charges is attached hereto and the facts asserted therein are hereby incorporated by reference.A right to sue letter based upon his charge has been obtained and this lawsuit has been filedwithin 90 days of receipt of that letter.

V.As a direct result of the Defendant s discriminatory acts the Plaintiff has suffered

financial loss, physical injuries and emotional distress based upon those injuries. The abovedescribed acts ofDefendant were willful and done with a conscious disregard for Plaintif fsfederally protected rights.

Second Cause of Action(Retaliation)VI.

The Plaintiffrepleads and realleges the allegations contained in paragraphs I throughV above as though fully set forth herein.

VII.The above described acts ofDefendant constitute retaliation in violation of he ADA

and the Plaintiff has been harmed as a direct result of said acts.

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WHEREFORE Plaintiffprays for the following relief:I. Reinstatement, with full backpay, benefits, seni ority and prejudgment interes t;2 Front pay , i reinstatemen t is not practicab le;3. Compensatory damages in th e amount oI S IOO,OOO ;4. Punitive damages in the amount of 100 ,000;5 Attorney s fees and costs of suit; and6 Such other and further re ef as the Courlm ay wish to entertain

DATED this of January, 20 13.

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1 ICHARD SEGERBLOM, ESQ.700 South Third StreetLas Vegas, Nevada 89 101Attorney for Plainti ff


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Case 2:13-cv-00023-JCM-NJK Document 1 Filed 01/06/13 Page 4 of 6EEOC F 5 (11109). CHARGE OF DISCRIMINATION Charge Presented To: Agency{ies) Charge No(s):Th is torm is aflected by the Privacy Act of 197 4. See enclosed Privacy Act o FEPAStatement and other in formation before completing th is form. [R] EEOC 846201267241

Nevada Equal Rights Commission and EEOCState '. If any

Name indicate .Ar . .As . .Ars.} Home Phone /Incl. rea Code) Date ot BirthMr. Charles Klosowski (702) 8566481 07 01 1980St reet Ad dress CIty. State an( ZtP Code6392 Caballo Lake Ct, Las Vegas, NV 89148

N,m ,1.,;,';;,-,,; ;O'h';;, ' ,Ii;>,. ' tA,, ,oye , . or Sl al e or Local Government gertcy Tha I I Bel ieve'OC ' , limo, , ,Name No Emp1oy&es. M&rrIb6I. Phone No. Include Area Code)STATE BAR OF NEVADA 15 - 100 (702) 382-2200Sueet Address CIty. Sta le and ZIP Code600 E. Charleston, Las Vegas, NV 89104Name NO f 1 I I > ~ e ' . MomDfll. Phone No. Include Area Code)

Street Address CIty. State and ZIP Code

DISCRIMINATI ON BASED ON Check appropriate boxe5 DATE(S) DISCRIMINATION TOOK PLACEEarhest Latest

D RACE D COLOR D Sf> D RELIGION D NATIONAL ORIGIN 08062012 08062012]] RETALIATION D AGE [K] DISABILITY D GE NETtC INFORMATION

OTHER (S{Jf1Cify) D CONTINUING ACTION" """"",I. I have be en employed by the Nevada Stale Bar Association since on or about August 30 ,20 10, most recent ly as a Assistant Coordinator, LRE. Since on or about Ju ly , 201 2, when mymother Debra King took over for Debbie Berger over at Project One, I have been retaliatedag ainst and targeted for discrimination. On or about July 26, 20 12, after wi tnessing KathleenDickinson attack a fema le teacher and making her cry I was again ta rgeted for reta liation. Onor abo ut Au gust 6, 2012 I was discharged.

II. No reason was given to me for the retaliation. No reason was given to me for the discharge.III. t be lieve I have been discr im inated against due to my disability and in retaliation which are inviolation of Ti tle Vll of The Civ il Rights Act of 1964, as amended and The Ame ricans withDis abilities Act of 1991, as amended.

I wanllhis Charge filed wilh both lhe EEOC and lhe Slale or local gency. it any . I NOT' - WOo ,, d,will advise the agencies if I change my address or phone number and I wil lcoope rate tully with them in lhe processing 01 my charge in accordance with theirprocedures. b ; ; - ; ~ II ". , ; ; ;/ It true 10. d,"'" dO' , '" , , 'ima 6,H ,SIGNATURE vr SEP J..1l 1Q 1,I I fP (SeE 11, 2012 month. day. yeal1 TO i : : l A T E

Date Charging Party Signature INTAKE


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EEOC Form 161 1 ),

To: Charles Klosowski6392 Caballo Lake CtLas Vegas, NV 89148

U S EaUAL EMPLOYMENT OPPORTUNITY COMMISSIONDISMISSAL AND NOTICE OF RIGHTS

From: Las Vegas Local Office333 s Vegas Blvd SouthSuite-8112l as Vegas , NV 89101

D On behal f of persons) aggrieved whoso identify sCONFIDENTIAL (29 CFR 16 1.7 aJJEEOC Charge No. EEOC Representative

Ramiro M. Gutierrez,Investig ator

Te ephone No .

846-2012-67241 702) 388-5081THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:D The facts alleged in the charge fai l to state a claim under any of the statutes enforced by the EEOC.o Your allegations did not involve a disability as defined by the Americans With Disabilities Act.D The Respondent employs less than the required number of employees or is not otherwise covered by the statutes.D Your charge was nol timely filed with EEOC; in other words. you waited too long after the date (s) of the allegeddiscrimination to file your chargelTI The EEOC issues the following detenninalion: Based upon its investigation. the EEOC is unable to conclude that theinfonnation obtained es tablishes violations of the statu tes. This does not certify that the respondent is in compliance withthe sta tutes. No finding is made as to any other issues Ihat might be construed as having been raised by this charge.D The EEOC has adopted the findings of the sta te or local fair employment practices agency that investigated this charge.D Other briefly state)

- NOTICE OF SUIT RIGHTS -Seo tho additional information attached fo IIlis form.)

Title VII, the Americans wi th Disabili ties Act, the Genetic Information Nondisc rimination Act, or the AgeDiscrimination In Employment Act: This wili be the only no l ice of dismissa l and of your right to sue that we will send youYou may file a lawsuit against the respondent(s) under federal law ba sed on th is charge in federal or state court. Yourlawsuit must be fi led WITHIN 90 DAYS of your receipt of this noti ce; or your right to sue based on this charge will belost. (The l ime limit for fil ing suit based on a claim under state law may be different.)Equal Pay Act (EPA): EPA su its must be filed in federal or state court within 2 years 3 years for willful violations) of thealleged EPA underpaymen t. This means that backpay due for any vio lations that occurred m ore than 2 years 3 years)before you file suit may not be collectible.

Enclosures(s)

STATE BAR OF NEVADA600 E. Charlestonlas Vegas, NV 89104

On behalf of the Commission

osa Viramontes,Acting Director

O T n5 2 12Dale Ma iled)


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1 6 13 Complaint Nvd Klosowski v Sbn ADA 023