IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE ...ftpcontent.worldnow.com/wkrn/docs/Metro_lawsuit_9.9.10.pdf · middle district of tennessee nashville divison rodney gooch, leondra

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IN THE UNITED STATES DISTRICT COURT FOR THEMIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISON

RODNEY GOOCH, LEONDRA SHEPARD, )RODNEY GROSS, LAWANNA HUSK, )RODNEY GOOCH, MAURICE )GOOCH, GREGORY IRVIN, NICHOLAS ) CASE NO:WILLIAMS, ROSALYN MCKISSACK, )MARCUS IVEY, CHAZ IRVIN, ONTONIO ) CLASS ACTIONBARBOUR, RICHARD BRYANT, NATHANIAL )CLAYBROOKS, ORCENTA SEAY, MARVIN SAIN, )WALTER CATER, ERIC REED, DAMIEN MORGAN )ROBERT JOHNSON, TONY ADKINS )

)PLAINTIFFS, )

)v. )METROPOLITAN GOVERNMENT OF NASHVILLE,)DAVIDSON COUNTY, TENNESSEE and )

)NASHVILLE ELECTRIC SERVICES )

)DEFENDANT. )

COMPLAINT

I. NATURE OF COMPLAINT

1. This action is brought by eighteen (18) African American current

employees and non-hired applicants of The Metropolitan Government of Nashville and Davidson

County, Tennessee and Nashville Electric Systems (“NES”). Rodney Gooch, Leondra Shepard,

Rodney Gross, Lawanna Husk, Maurice Gooch, Gregory Irvin, Nicholas Williams, Rosalyn

McKissack, Marcus Ivey, Chaz Irvin, Ontonio Barbour, Richard Bryant, Nathanial Claybrooks,

Orcenta Seay, Marvin Sain, Walter Cater, Eric Reed, and Damien Morgan, bring claims on their

own behalf and in behalf of a putative class as further defined below against Metropolitan

Government of Nashville and Davidson County, Tennessee and NES regarding their claims

Case 3:09-cv-00826 Document 1 Filed 09/09/09 Page 1 of 36 PageID #: 1

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arising from racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42.

U.S. § 1981 and § 1983.

2. Rodney Gooch, Leondra Shepard, Rodney Gross, Lawanna Husk, Maurice

Gooch, Gregory Irvin, Nicholas Williams, Rosalyn McKissack, Marcus Ivey, Chaz Irvin,

Ontonio Barbour, Richard Bryant, Nathanial Claybrooks, Orcenta Seay, Marvin Sain, Walter

Cater, Eric Reed, and Damien Morgan (hereinafter “Plaintiffs”), seek a declaratory judgment that

The Metropolitan Government of Nashville and Davidson County, Tennessee and NES have

engaged in systematic pattern and practices of racial discrimination in employment opportunities

and a racially hostile environment at The Metropolitan Government of Nashville and Davidson

County, Tennessee and NES in Nashville, Tennessee and that such conduct is unlawful under the

following: (a) Title VII of the Civil Rights Act of 1964, as amended in 1991, 42 U.S.C. §§

2000e, et seq., and (b) Section One of the Civil Rights Act of 1866, as amended in 1991, 42

U.S.C. §1981a. (c) 42 U.S.C. §1983 as the defendant in a state actor (d) The Plaintiffs have been

denied Equal Protection of the laws because of their race in violation of the Equal Protection

Clause of the 14th Amendment. They also seek a permanent injunction and other equitable relief

necessary to eliminate the effects of past and present racial discrimination and prevent such

discrimination from continuing to adversely affect their lives and careers, including, but not

limited to, affirmative restructuring of the selection procedures, training and other terms and

conditions of employment, reimbursement of expenses incurred in prosecuting this action, and

attorneys’ fees. Each said plaintiff further seeks back-pay and other equitable remedies

necessary to make themselves and the members of the class which they seek to represent whole.

II. JURISDICTION AND VENUE


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4. This Court has jurisdiction pursuant to 28 U.S.C. §§1331, 1343(4), and

Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§2000e, et seq., as amended.

III. CONDITIONS PRECEDENT TO SUIT UNDER TITLE VII

5. The Plaintiffs have fulfilled all conditions necessary to the institution of this

action under Title VII. Plaintiffs have received their notice of Right-to-Sue from the United

States Department of Justice. Plaintiffs’ claims arising under 42 U.S.C. §1981and § 1983 do not

require administrative exhaustion.

IV. PARTIES

A. Defendants

6. Defendant Metropolitan Government of Nashville and Davidson County,

Tennessee is a Governmental entity doing business in Nashville, TN. The Metropolitan

Government of Nashville and Davidson County, Tennessee is an employer defined by 42

U.S.C. § 2000e(b). It is also an individual subject to suit under 42 U.S.C. §1981 as

amended and 42 U.S.C. § 1983.

7. Defendant NES, is a Governmental entity doing business in the State of

Tennessee and an employer as defined by 42 U.S.C. §2000e(b). It is also an individual

subject to suit under 42 U.S.C. §1981, as amended, and 42 U.S.C. §1983.

B. NAMED PLAINTIFFS

8. Rodney Gooch is an African-American resident of the State of Tennessee and a

citizen of the United States. At all times material to this action, he has been employed at


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The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in

Nashville, TN.

9. Rodney Gross is an African-American resident of the State of Tennessee and a



Nashville, TN.

10. Lawanna Husk is an African-American resident of the State of Tennessee and a

citizen of the United States. At all times material to this action, she has been employed at

NES in Nashville, TN.

11. Leondra Shepard is an African-American resident of the State of Tennessee and

a citizen of the United States. At all times material to this action, he has been employed

at The Metropolitan Government of Nashville and Davidson County, Tennessee and NES

in Nashville, TN

12. Maurice Gooch is an African-American resident of the State of Tennessee and a



Nashville, TN.

13. Gregory Irvin is an African-American resident of the State of Tennessee and a



Nashville, TN.

14. Nicholas Williams is an African-American resident of the State of Tennessee and



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in Nashville, TN.

15. Rosalyn McKissack is an African-American resident of the State of Tennessee

and a citizen of the United States. At all times material to this action, she has been

employed at The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES in Nashville, TN.

16. Marcus Ivey is an African-American resident of the State of Tennessee and a



Nashville, TN.

17. Ontonio Barbour is an African-American resident of the State of Tennessee and



in Nashville, TN.

18. Eric Reed is an African-American resident of the State of Tennessee and a citizen

of the United States. At all times material to this action, he has been employed at The

Metropolitan Government of Nashville and Davidson County, Tennessee and NES in

Nashville, TN.

19. Richard Bryant is an African-American resident of the State of Tennessee and a



Nashville, TN.


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20. Nathanial Claybrooks is an African-American resident of the State of Tennessee

and a citizen of the United States. At all times material to this action, he has been

employed at The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES in Nashville, TN.

21. Orcenta Seay is an African-American resident of the State of Tennessee and a



Nashville, TN

22. Marvin Sain is an African-American resident of the State of Tennessee and a



Nashville, TN.

23. Walter Cater is an African-American resident of the State of Tennessee and a



Nashville, TN.

24. Chaz Irvin is an African-American resident of the State of Tennessee and a

citizen of the United States. At all times material to this action, he was an applicant at


Nashville, TN.

25. Damien Morgan is an African-American resident of the State of Tennessee and a


The Metropolitan Government of Nashville and Davidson County, Tennessee and The


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Nashville, TN.

26. Robert Johnson is an African-American resident of the State of Tennessee and a



Nashville, TN.

27. Tony Adkins is an African-American resident of the State of Tennessee and a



Nashville, TN.

VII. COUNT ONE-CLAIMS AGAINST NES FOR RACIAL DICRIMINATION

A. FACTS SUPPORTING ALLEGATIONS OF SYSTEMATIC RACIAL

DISCRIMINATION: HOSTILE ENVIRONMENT

28. Named Plaintiff Rodney Gooch has been employed at The Metropolitan

Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN for

over 20 years. Gooch has performed his duties and fulfilled his responsibilities in a

satisfactory manner. However, Gooch has been adversely affected by the challenged

systematic practices and pattern of racial discrimination by being subjected to a racially

hostile environment.


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29. The Metropolitan Government of Nashville and Davidson County, Tennessee and

NES’s racially hostile environment has adversely affected Gooch. For example, in

February 2007, racist comments were made to Gooch and another African-American

employee when it was raining outside. The white co-worker said, “Hey, you don’t have

to worry, because it won’t wash your spots away!” Also, in February 2007, a working

foreman said to Gooch, “During Black History Month where I come from, we hang

people!” Gooch reported these comments to management (including the CEO)of NES

and attorneys, and no action has been taken to prevent such harassment. Further, in

September 2007, Gooch witnessed ahangman’s noosearound the neck of a dark-skinned

training dummy in the Donelson Center (an NES facility). This noose was hung during

the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used

to intimidate African-American school children in Louisiana. Since the filing of his

EEOC charge Gooch has experienced other racially hostile incidents.

30. As a result of such hostile environment, Gooch has suffered extreme harm.

31. Named Plaintiff Rodney Gross has been employed at The Metropolitan


over 26 years. Gross has performed his duties and fulfilled his responsibilities in a

satisfactory manner. However, Gross has been adversely affected by the challenged




NES’s racially hostile environment has adversely affected Gross. For example, in

September 2007, Gross witnessed a hangman’s noose around the neck of a dark-skinned


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to intimidate African-American school children in Louisianna.

33. As a result of such hostile environment, Gross has suffered extreme harm.

34. Named Plaintiff Lawanna Lusk has been employed at The Metropolitan

Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN

from approximately 1986 until the present. Husk has performed her duties and fulfilled

his responsibilities in a satisfactory manner. However, Lusk has been adversely affected

by the challenged systematic practices and pattern of racial discrimination by being

subjected to a racially hostile environment.


NES’s racially hostile environment has adversely affected Lusk. For example, in

September 2007, Lusk witnessed a hangman’s noosearound the neck of a dark-skinned

training dummy behind the Donelson Center (an NES facility). This noose was hung

during the controversy surrounding the “Jena Six” case regarding hangman’s nooses

being used to intimidate African-American school children in Louisiana. Lusk reported

this incident to the manager of the Donelson Center, however, after an investigation the

perpetrators were only suspended for three days each and the white employees in an act

of defiance and racial solidarity took up money for these suspended individuals so that

they did not lose any pay. Shortly after this incident, Lusk’s car was vandalized and the

area that she had to clean had trash and tobacco spit placed directly in them. Further,

bathrooms that Lusk was required to clean were vandalized and flooded, leaving her to

dispose of and clean standing toilet water.


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36. As a result of such hostile environment, Lusk has suffered extreme harm.

37. Named Plaintiff Leondra Shepard has been employed at The Metropolitan


from approximately 1994 until the present. Shepard has performed his duties and

fulfilled his responsibilities in a satisfactory manner. However, Shepard has been

adversely affected by the challenged systematic practices and pattern of racial

discrimination by being subjected to a racially hostile environment.


NES’s racially hostile environment has adversely affected Shepard. For example,

Shepard has heard racial slurs and innuendo during his employment by supervisors and

co-workers. Shepard has been called “COON”,“NIGGER”,and “COLORED BOY”

on numerous occasions. Further, in September 2007, a hangman’s noose was found

around the neck of a dark-skinned training dummy inthe Donelson Center (an NES

facility). This noose was hung during the controversy surrounding the “Jena Six” case

regarding hangman’s nooses being used to intimidate African-American school children

in Louisiana.

39. As a result of such hostile environment, Shepard has suffered extreme harm.

40. Named Plaintiff Gregory Irvin has been employed at The Metropolitan


from 1980 until the present. Irvin has performed his duties and fulfilled his

responsibilities in a satisfactory manner. However, Irvin has been adversely affected by

the challenged systematic practices and pattern of racial discrimination by being

subjected to a racially hostile environment.


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NES’s racially hostile environment has adversely affected Irvin. For example, in

September 2007, a hangman’s noose was found around the neck of a dark-skinned



to intimidate African-American school children in Lousiana. Irvin has heard white co-

workers saying“NIGGER” and “You Boys Should Be Glad You Work Here!” Irvin

has also witnessed white co-workers wearing CONFEDERATE headbands/bandanas

and cars with CONFEDERATE FLAGS on them.

42. As a result of such hostile environment, Irvin has suffered extreme harm.

43. Named Plaintiff Nicholas Williams has been employed at The Metropolitan


from 2000 to present. Williams has performed his duties and fulfilled his responsibilities

in a satisfactory manner. However, Williams has been adversely affected by the

challenged systematic practices and pattern of racial discrimination by being subjected to

a racially hostile environment.


NES’s racially hostile environment has adversely affected Williams. For example, in




to intimidate African-American school children in Louisiana. Williams has also heard


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racial slurs and racial innuendo during his employment from co-workers and supervisors.

( Could not get in touch with him)

45. As a result of such hostile environment, Williams has suffered extreme harm.

46. Named Plaintiff Ontonio Barbour is an employee at The Metropolitan

Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN.

Barbour has performed his duties and fulfilled his responsibilities in a satisfactory

manner. However, Barbour has been adversely affected by the challenged systematic

practices and pattern of racial discrimination by being subjected to a racially hostile

environment.


NES’s racially hostile environment has adversely affected Barbour. For example, during

his employment white employees have referred to him and other African-American

employees as “NIGGER”.Further, Barbour has witnessed the word “NIGGER”being

written on the bathroom walls. Lastly, Barbour has witnessed white employees wearing

CONFEDERATE headbands and tattoos while at work. These employees were never

disciplined by NES management. (did not get in touch with him)

48. As a result of such hostile environment, Barbour has suffered extreme harm.

49. Named Plaintiff Orcenta Seay has been employed at The Metropolitan


approximately 23 years. Seay has performed his duties and fulfilled his responsibilities

in a satisfactory manner. However, Seay has been adversely affected by the challenged




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NES’s racially hostile environment has adversely affected Gross. For example, in




to intimidate African-American school children in Lousiana. Seay has also noticed white

employees wearing CONFEDERSTE FLAGS on their personal clothing such as

headbands, tattoos and license plates. These employees were never disciplined by NES

management.

51. As a result of such hostile environment, Seay has suffered extreme harm.

52. Named Plaintiff Marvin Sain has been employed at The Metropolitan


from 1998 to present. Sain has performed his duties and fulfilled his responsibilities in a

satisfactory manner. However, Sain has been adversely affected by the challenged




NES’s racially hostile environment has adversely affected Sain. For example, in




to intimidate African-American school children in Louisiana. Sain has also heard racial


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slurs and racial innuendo during his employment from co-workers and supervisors. (did

not get in touch with him).

54. As a result of such hostile environment, Sain has suffered extreme harm.

55. Named Plaintiff Walter Cater has been employed at The Metropolitan


from 1977 to present. Cater has performed his duties and fulfilled his responsibilities in a

satisfactory manner. However, Cater has been adversely affected by the challenged




NES’s racially hostile environment has adversely affected Cater. For example, in




to intimidate African-American school children. Cater has heard co-workers repeatedly

make “NIGGER” and “COON” jokes!

57. As a result of such hostile environment, Cater has suffered extreme harm.

58. Named Plaintiff Eric Reed has been employed at The Metropolitan Government

of Nashville and Davidson County, Tennessee and NES in Nashville, TN from 1988 to

present. Reed has performed his duties and fulfilled his responsibilities in a satisfactory

manner. However, Reed has been adversely affected by the challenged systematic

practices and pattern of racial discrimination by being subjected to a racially hostile

environment.


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NES’s racially hostile environment has adversely affected Reed. For example, in




to intimidate African-American school children in Louisiana. Reed has also heard racial

slurs and racial innuendo during his employment from co-workers and supervisors. (did

not get in touch with him)

60. As a result of such hostile environment, Reed has suffered extreme harm.

B. FACTS SUPPORTING ALLEGATIONS OF SYSTEMATIC RACIAL

DISCRIMINATION: PROMOTING NES AFRICAN-AMERICAN EMPLOYEES

61. Named Plaintiff Leondra Shepard has been employed at The Metropolitan


from approximately 1994 until the present. He is currently a System Operator. During

his employment, Shepard has performed his duties and fulfilled his responsibilities in a

satisfactory manner. Shepard has been adversely affected by the challenged systematic

practices and pattern of racial discrimination by not being able to learn about or compete

for employment opportunities in traditionally white job classifications; by being required

to work in conditions in which he and other members if his race were demeaned by being

required to work under discriminatory terms and conditions of employment, including

being required to endure racial hostilities directed to himself and members of his race.


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62. The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES’s discriminatory selection procedures have adversely affected

Shepard. Shepard has informed his supervisors that he was interested in training and

being promoted to positions. Moreover, The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES has routinely promoted white employees to vacant

positions over African-American employees of comparable or more extensive experience.

For example, on or about October 2007, Shepard was denied a promotion in which he

was qualified. Nevertheless, the position was given to Troy Davis, a white employee,

who was equally or less qualified than Shepard.

63. As a result of such discriminatory actions, Shepard has suffered extreme harm.

64. Named Plaintiff Rodney Gross, Sr. is employed at The Metropolitan


over 26 years. He is currently working as a Line Tech III. During his employment,

Shepard has performed his duties and fulfilled his responsibilities in a satisfactory

manner. Gross has been adversely affected by the challenged systematic practices and

pattern of racial discrimination by not being able to learn about or compete for

employment opportunities in traditionally white job classifications; by being required to

work in conditions in which he and other members if his race were demeaned by being



65. As a result of such discriminatory actions, Gross has suffered extreme harm.

66. Named Plaintiff Maurice Gooch is employed at The Metropolitan Government

of Nashville and Davidson County, Tennessee and NES in Nashville, TN over 25 years.


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He is currently working as a __________________. During his employment, Shepard

has performed his duties and fulfilled his responsibilities in a satisfactory manner. Gooch

has been adversely affected by the challenged systematic practices and pattern of racial

discrimination by not being able to learn about or compete for employment opportunities

in traditionally white job classifications; by being required to work in conditions in which

he and other members if his race were demeaned by being required to work under

discriminatory terms and conditions of employment, including being required to endure

racial hostilities directed to himself and members of his race.


NES’s discriminatory selection procedures have adversely affected Gooch. Gooch has

informed his supervisors that he was interested in training and being promoted to

positions. Moreover, The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES have routinely promoted white employees to vacant positions over

African-American employees of comparable or more extensive experience. For example,

on or about January 23, 2007, Gooch was informed that was not selected for the utility

supervisor position despite that he had been working as utility supervisor for the previous

seven years without the title or pay.

68. As a result of such discriminatory actions, Shepard has suffered extreme harm.

69. Named Plaintiff Gregory Irvin is employed at The Metropolitan Government of

Nashville and Davidson County, Tennessee and NES in Nashville, TN from 1980 to

present. He is currently working as a Safety Equipment Tester II. During his

employment, Irvin has performed his duties and fulfilled his responsibilities in a

satisfactory manner. Irvin has been adversely affected by the challenged systematic


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NES’s discriminatory selection procedures have adversely affected Irvin. Irvin has





on or about June 2007, Irvin was denied a promotion to the position of Street Lighting

Supervisor even though he was qualified by his experience and 17 years that he had been

working in the Street Lighting Department. This and many other instances of Irvin being

denied promotions has discouraged him from applying to positions in which he knows

that he is qualified.

71. As a result of such discriminatory actions, Irvin has suffered extreme harm.

72. Named Plaintiff Nathanial Claybrooks is employed at The Metropolitan


from 2007 to present. Claybrooks had been previously hired in August 2006 and fired in

January 2007 because of alleged performance issues. He is currently working as a Meter

Reader. During his employment, Claybrooks has performed his duties and fulfilled his

responsibilities in a satisfactory manner. Claybrooks has been adversely affected by the


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challenged systematic practices and pattern of racial discrimination by not being able to

learn about or compete for employment opportunities in traditionally white job

classifications; by being required to work in conditions in which he and other members if

his race were demeaned by being required to work under discriminatory terms and

conditions of employment, including being required to endure racial hostilities directed to

himself and members of his race.


NES’s discriminatory selection procedures have adversely affected Claybrooks.

Claybrooks has informed his supervisors that he was interested in training and being

promoted to positions. Moreover, The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES have routinely promoted white employees to

vacant positions over African-American employees of comparable or more extensive

experience. For example, Claybrooks was initially hired by NES in August 2006 but

fired in January 2007 because of alleged performance issues. Claybrooks, after disputing

his termination on the grounds of improper training, was re-hired in March 2007 at a

lower position and wage. Further, around October and December 2007, he applied for

higher pay and responsibility jobs and was not considered even though he met the facial

qualifications set forth by the job descriptions. These positions were awarded to less

qualified white employees.

74. As a result of such discriminatory actions, Claybrooks has suffered extreme harm.

75. Named Plaintiff Orcenta Seay has been employed at The Metropolitan


approximately 23 years. He is currently working as a ________________. During his


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employment, Seay has performed his duties and fulfilled his responsibilities in a

satisfactory manner. Seay has been adversely affected by the challenged systematic







NES’s discriminatory selection procedures have adversely affected Seay. Seay has





around March 2007, Seay was denied promotion to a position of Pole

Foreman/Supervisor. Seay was ranked Number 2 (two) on the list of qualified applicants;

however, the position was given to Mark Whittey, a white employee who was not as

qualified for the position as Seay. Moreover, the decision to select the white employee

was made by all white decision-makers.

77. As a result of such discriminatory actions, Seay has suffered extreme harm.

78. Named Plaintiff Walter Cater is employed at The Metropolitan Government of

Nashville and Davidson County, Tennessee and NES in Nashville, TN and has been from

1977 to present. He is currently working as a Lineman working foreman in Work Center

9300. During his employment, Cater has performed his duties and fulfilled his


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responsibilities in a satisfactory manner. Cater has been adversely affected by the

challenged systematic practices and pattern of racial discrimination by not being able to

learn about or compete for employment opportunities in traditionally white job


his race were demeaned by being required to work under discriminatory terms and


himself and members of his race.


NES’s discriminatory selection procedures have adversely affected Cater. Cater has





around December 2007, Cater was denied a promotion to the position of Line Supervisor.

Cater had worked as a Lineman and then a Lineman Working Foreman for approximately

26 years. This and many other instances of Cater being denied promotions has

discouraged him from applying to positions in which he knows that he is qualified.

80. As a result of such discriminatory actions, Cater has suffered extreme harm.

81. Named Plaintiff Eric Reed is employed at The Metropolitan Government of

Nashville and Davidson County, Tennessee and NES in Nashville, TN and has been from

1988 to present. He is currently working as a Lineman working foreman and has been so

for approximately 8 (eight) years. During his employment, Reed has performed his

duties and fulfilled his responsibilities in a satisfactory manner. Reed has been adversely


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affected by the challenged systematic practices and pattern of racial discrimination by not

being able to learn about or compete for employment opportunities in traditionally white

job classifications; by being required to work in conditions in which he and other

members if his race were demeaned by being required to work under discriminatory

terms and conditions of employment, including being required to endure racial hostilities

directed to himself and members of his race.


NES’s discriminatory selection procedures have adversely affected Reed. Reed has





around November 2007, Reed was denied a promotion to the Supervisor even though he

qualified by his experience and years of service. This and many other instances of Reed

being denied promotions has discouraged him from applying to positions in which he

knows that he is qualified.

83. As a result of such discriminatory actions, Reed has suffered extreme harm.

84. Named Plaintiff Rosalyn McKissack is employed at The Metropolitan


and has been for the last 25 years. She is currently working as a Documentation

Specialist. During her employment, McKissack has performed her duties and fulfilled

her responsibilities in a satisfactory manner. McKissack has been adversely affected by

the challenged systematic practices and pattern of racial discrimination by not being able


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to learn about or compete for employment opportunities in traditionally white job


her race were demeaned by being required to work under discriminatory terms and


herself and members of her race.


NES’s discriminatory selection procedures have adversely affected McKissack.

McKissack has informed her supervisors that she was interested in training and being

promoted to positions. Moreover, The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES have routinely promoted white employees to

vacant positions over African-American employees of comparable or more extensive

experience. For example, on or about September 11, 2007, McKissack applied to be

promoted to Senior Clerk II-NES Field Services Section. She was in the top five

selectable range, over 30 years of clerical experience, received positive feedback during

the interview process, had seniority over the other applicants and passed all of the

required tests. However, on or about December 7, 2007 she was informed that two other

applicants had been given the position.


87. Named Plaintiff Marcus Ivey is employed at The Metropolitan Government of

Nashville and Davidson County, Tennessee and NES in Nashville, TN and has been for

over twenty-years (20). He is currently working as a Line Technician III. During his

employment, Ivey has performed his duties and fulfilled his responsibilities in a

satisfactory manner. Ivey has been adversely affected by the challenged systematic


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NES’s discriminatory selection procedures have adversely affected Ivey. Ivey has





around September 2007, Ivey was denied a promotion to Street Light Supervisor even

though he was qualified for the position.

89. As a result of such discriminatory actions, Ivey has suffered extreme harm.

C. FACTS SUPPORTING ALLEGATIONS OF SYSTEMATIC RACIAL

DISCRIMINATION: HIRING PRACTICES

90. Named Plaintiff Damien Morgan has applied for several meter reading positions

with The Metropolitan Government of Nashville and Davidson County, Tennessee and

NES in December 2007. Morgan has been adversely affected by the challenged

systematic practices and pattern of racial discrimination by not being able to get hired,

learn about or compete for employment opportunities at NES because of his race.


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NES’s discriminatory selection procedures have adversely affected Morgan. For

example, in December 2007 during the time he had applied for several The Metropolitan

Government of Nashville and Davidson County, Tennessee and NES meter reading

positions, he had scored 100 on the test for the position and 14 months of meter reading

experience that had accrued while working at Memphis Lights, Gas and Water; however

he was not hired. Morgan was later informed that white employees with less experience

had been hired to fill these positions.

92. As a result of such discriminatory actions, Morgan has suffered extreme harm.

93. Named Plaintiff Chaz Irvin applied for a Utility Worker position with The


October 2007. Irvin has been adversely affected by the challenged systematic practices

and pattern of racial discrimination by not being able to get hired, learn about or compete

for employment opportunities at The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES because of his race.


NES’s discriminatory selection procedures have adversely affected Irvin. For example, in

October 2007 after interviewing for the Utility Worker position, Irvin was informed that

there were several jobs available for him to fill. Irvin never heard back from The

Metropolitan Government of Nashville and Davidson County, Tennessee and NES

regarding the position that he interviewed for or any of the positions that were shown to

him as being available.



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96. Named Plaintiff Robert Johnson, for the last 26 years, has made numerous

attempts to gain employment with The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES.

97. As a result of such discriminatory actions, Johnson has suffered extreme harm.

98. Named Plaintiff Tony Adkins, since approximately 1989 has made numerous

attempts to gain employment with The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES with no success. For example, in September 2007

Adkins was denied the position as a Utility Worker. Further, Adkins has applied for

several Meter Reading positions; however, Adkins was denied to take the test for the

Meter Reader position. Adkins persisted in questioning the reasoning for his denial to

take the Meter Reader test. After Adkins questioned The Metropolitan Government of

Nashville and Davidson County, Tennessee and NES he was allowed to take the test and

scored in the 98% (percentile) for several meter reading jobs. Adkins has interviewed on

three (3) occasions with The Metropolitan Government of Nashville and Davidson

County, Tennessee at NES. There was an all white decision-making panel for two (2)

interviews and on one an African-American whom was interested in hiring Adkins was

allowed to sit in. However, the African-American panel member was removed from the

panel and from being supervisor.

CLAIMS FOR NOMINAL, COMPENSATORY AND PUNITIVEDAMAGES PURSUANT TO 23(B) (3)

99. The common issue of fact and law affecting the claims of the named plaintiff and

proposed class members, including, but not limited to, the common issues identified in

paragraphs 65-84 above, predominated over any issues affecting only individual claims.


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100. A class action is superior to other available means for the fair and efficient

adjudication of the claims of the named plaintiffs and members of the punitive class.

101. The cost of proving The Metropolitan Government of Nashville and Davidson

County, Tennessee and NES pattern or practice of discrimination makes it impractical for

the named plaintiff and me members of the proposed class to prosecute their claims

individually.

V. CLASS CERTIFICATION

102. Racially discriminatory treatment is manifested by such policies and/or patterns or

practices that deny African-American applicants positions with the companies and

African American employees desirable job assignments, promotional opportunities and

training, and other benefits and conditions of employment on the same terms applied to

white employees. In particular, each defendant deters African-American employees

and/or applicants from hiring or current employees from seeking promotions and

desirable job assignments; fails to select and/or train African-Americans for desirable job

assignments; ignores, and in some cases actively supports, racist comments, racist jokes,

and racist behavior among its employees; and fails to enforce policies prohibiting racial

discrimination.

103. This action in part seeks to enjoin the defendant from pursuing specific illegal

policies and/or practices that have injured and continue to injure plaintiffs and other

African American employees and/or applicants for employment opportunities in all

aspects of Defendants’ employment operations. The defendant has created and

maintained a system-wide employment policy of race-based disparate treatment and

impact, which limits the employment opportunities for African-Americans in various


28

aspects of defendants’ employment operation including, but not limited to job selections,

training and other terms and conditions of employment.

104. The Plaintiffs seek certification of a class of African-American applicants and

employees who were adversely affected by the racially discriminatory employment

practices at The Metropolitan Government of Nashville and Davidson County, Tennessee

and NES in Nashville, TN.

A. CLASS DEFINITION AND COMMON QUESTIONS OF LAW AND FACT

105. The African-American named Plaintiffs, Rodney Gooch, Leondra Shepard,

Rodney Gross, Lawanna Husk, Maurice Gooch, Gregory Irvin, Nicholas Williams,

Rosalyn McKissack, Marcus Ivey, Chaz Irvin, Ontonio Barbour, Richard Bryant,

Nathanial Claybrooks, Orcenta Seay, Marvin Sain, Walter Cater, Eric Reed, and Damien

Morgan bring claims on their own behalf and on behalf of a class against The

Metropolitan Government of Nashville and Davidson County, Tennessee and NES. That

class consists of African-Americans who have been subject to one or more aspects of the

systematic racial discrimination in The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES hiring and promotion procedures described in the

class claims of this Complaint which include 1) The Metropolitan Government of

Nashville and Davidson County, Tennessee and NES selection procedures and

compensation, 2) racially hostile working environment, reputation and working

conditions, and 3) unequal terms and conditions of employment. The prosecution of the

claims of the named plaintiffs require adjudication of the question common to the

putative class: whether the Defendants, The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES, have engaged in systematic racial discrimination


29

in its hiring selection for promotion and compensation practices and the terms and

conditions of work and employment in a manner made unlawful by the statutes under

which this action is brought.

106. The claims of the named plaintiffs are embedded in common questions of law and

fact because defendants The Metropolitan Government of Nashville and Davidson

County, Tennessee and NES has: 1) prevented African-Americans from learning about or

competing for opportunities in jobs traditionally held by white employees; 2) precluded

or delayed their hiring and promotion into such jobs; and 3) subjected African-American

employees to adverse terms and conditions of employment.

B. TYPICALITY OF RELIEF SOUGHT

107. The relief necessary to remedy the claims of the named plaintiffs is the same as

that necessary for the class. Such plaintiffs seek the following relief for their individual

claims and those of the class: 1) a declaratory judgment that the defendants, The

Metropolitan Government of Nashville and Davidson County, Tennessee and NES, has

engaged in systematic racial discrimination in limiting the employment opportunities of

African-American to lower classifications; 2) a permanent injunction against continuing

discrimination; 3) restructuring of said defendants’ selection procedures sp that African-

Americans are able to learn about and fairly compete in the future for better

classifications, compensation levels, and terms and conditions of employment

traditionally enjoyed by white employees; 4) restructuring of defendants’ workforce so

that African Americans are assigned to the classifications, locations and compensation

levels they would have now hold in the absence of the defendants The Metropolitan

Government of Nashville and Davidson County, Tennessee and NES past racial


30

discrimination; and 5) damages, back pay and other equitable remedies necessary to

make the African American named plaintiffs and the class they seek to represent whole

from defendants’, The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES, past discrimination.

C. NUMERIOSITY AND IMPARACTICABLITY OF JOINDER

108. The persons whom the named plaintiffs seek to represent are too numerous to

make joinder practicable. The proposed class consists of more than one hundred former,

current, and future African-American applicants and employees who have been, are, or

will be employed at The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES in Nashville, Tennessee. Defendants The Metropolitan Government

of Nashville and Davidson County, Tennessee and NES pattern and practice of racial

discrimination also makes joinder impracticable by discouraging African-Americans

from applying or pursuing employment opportunities, thereby making it impractical and

inefficient to identify many members of the class prior to determination of the merits of

such defendant’s class wide liability.

D. ADEQUACY OF REPRESENTATION

109. The namedplaintiffs’ interests are coextensive with those of the class in that each

seeks to remedy The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES discriminatory employment practices so that racially hostile

conditions of work will be eradicated and African-Americans will no longer be

segregated in unequal positions and prevented from obtaining management and other

more desirable positions. Such named plaintiffs are able and willing to represent the

class fairly and vigorously, as they pursue their common goals through this action.


31

Plaintiffs’ counsel are also qualified, experience, and able to conduct the litigation and to

meet the time and fiscal demands required to litigate an employment discrimination class

action of this size and complexity. The combined interest, experience and resources of

the Plaintiffs and their counsel to litigate competently the individual and class claims of

race-base employment discrimination at issue, satisfy the adequacy of representation

requirement of Federal Rule of Civil Procedure 23(a)(4).

E. EFFICIENCY OF CLASS PROSECUTION OF COMMON CLAIMS

110. Certification of a class of similarly situated African-Americans is the most

efficient and economical means of resolving the questions of law and fact that are

common to the individual claims of the named plaintiffs and the putative class they seek

to represent. The individual claims of the named plaintiffs require resolution of the

common question of whether The Metropolitan Government of Nashville and Davidson

County, Tennessee and NES have engaged in a systematic pattern of racial discrimination

against African-Americans. Such plaintiffs seek remedies to undo the adverse effects of

such discrimination in their own lives, careers and working conditions and to prevent

continued racial discrimination in the future. They have standing to seek such relief in

part because the adverse effect that racial discrimination against African-Americans has

had on their own interest in working and living conditions free from the pernicious

effects of racial bias and hostility. In order to gain such relief for themselves, as well as

for the putative class members the named plaintiffs must first establish the existence of

systematic racial discrimination as the premise of the relief they seek. Without class

certification, the same evidence and issues would be subject to repeated re-litigation in a

multitude of individual lawsuits with an attendant risk of inconsistent adjudications and


32

conflicting obligations. Certification of the class of African Americans affected by the

common question of law and fact is the most efficient and judicious means of presenting

evidence and argument necessary to resolve such questions for the named plaintiffs, the

putative class and the defendant. Such plaintiffs’ individual and class claims are

premised upon the traditional bifurcated method of proof and trial for disparate impact

and systematic disparate treatment claims of the type at issue in this Complaint. A

bifurcated method of proof and trial is the most efficient method of resolving such

common issues.

F. CERTIFICATION IS SOUGHT PURSUANT TO FED.R.CIV.P. 23(b)


NES have acted on grounds generally applicable to the class by adopting and following

systematic practices and procedures which are racially discriminatory.


NES’s racial discrimination is their standard operating procedure rather than a sporadic

occurrence. Such defendants have refused to act on grounds generally applicable to the

class by refusing to adopt or follow selection procedures which do not have disparate

impact or otherwise do not systematically discriminate against African-Americans and by

refusing to establish conditions of work that are not hostile to African-Americans. Their

systematic discrimination and refusal to act on grounds that are not racially

discriminatory have made appropriate final injunctive relief and corresponding

declaratory relief with respect to the putative class as a whole.

113. Injunctive and declaratory relief are the predominant relief sought because they

are both the culmination of the proof of the defendants’individual and class-wide


33

liability at the end of Stage 1 of the bifurcated trial and the essential predicate for the

named plaintiffs’ and putative class members’ entitlement to equitable remedies and legal

relief at Stage II of such trial. Declaratory and injunctive relief flow directly and

automatically from proof of the common question of law and fact regarding the existence

of systematic racial discrimination against African-Americans. Such relief is the factual

and legal predicate for the named plaintiffs’ and the putative class members’ entitlement

to equitable remedies for individual losses caused by such systematic discrimination.

PRAYER FOR RELIEF AGAINST METROPOLITAN GOVERNMENTOF NASHVILLEDAVIDSON COUNTY, TENNESSEE AND NES

114. Wherefore, Rodney Gooch on behalf of himself and the class members whom he

seeks to represent request the following relief:

a. Acceptance of jurisdiction of this cause;

b. Certification of the case as a class action maintainable under Federal Rules of Civil

Procedure Rule 23 (a) and (b), on behalf of the proposed plaintiff class, and designation

of the Plaintiff as representatives of the class and their counsel of record as class counsel;

c. A declaratory judgment that The Metropolitan Government of Nashville and Davidson

County, Tennessee and NES employment practices challenged herein are illegal and in

violation of Title VII and 42 U.S.C. section 1981;

d. A temporary and permanent injunction against The Metropolitan Government of

Nashville and Davidson County, Tennessee, NES their partners, officers, owners, agents,

successors, employees, representatives and any and all persons acting in concert with

them, from engaging in any further unlawful practices, polices, customs, usage, racial


34

discrimination and retaliation by The Metropolitan Government of Nashville and

Davidson County, Tennessee and NES set forth herein;

e. An order requiring The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES to initiate and implement programs that provide (i) equal

employment opportunities for African American employees; (ii) remedy the effect of The

Metropolitan Government of Nashville and Davidson County, Tennessee and NES past

and present unlawful employment practices; and (iii) eliminate the continuing effects of

the discriminatory practices described above;

f. An order requiring The Metropolitan Government of Nashville and Davidson County,

Tennessee and NES to initiate and implement systems of hiring of African American

employees in a nondiscriminatory manner.

g. An order establishing a task force on equality and fairness to determine the

effectiveness if the programs described in (e) and (f), above, which would provide for (i)

the monitoring, reporting, and retaining of jurisdiction to endure equal employment

opportunity, (ii) the assurance that injunctive relief is properly implemented, and (iii) a

quarterly report setting forth information relevant to the determination of the

effectiveness of the programs described in (e) and (f), above;

h. An order awarding Gooch and the class he seeks to represent to those jobs they would

now be occupying but for The Metropolitan Government of Nashville and Davidson

County, Tennessee and NES discriminatory practices;

i. An award of back pay; front pay; lost of benefits; preferential rights to jobs, and other

equitable relief for Gooch and the class he seeks to represent;


35Case 3:09-cv-00826 Document 1 Filed 09/09/09 Page 35 of 36 PageID #: 35

36Case 3:09-cv-00826 Document 1 Filed 09/09/09 Page 36 of 36 PageID #: 36

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