Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 1 of 11 PageID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DOCKETED
AUG 0 9 2002

JEROME MILES, by his next friend SHARI YOUNG,

Plaintiffs,

v.

KFC OF AMERICA, INC., d/b/a KENTUCKY FRIED CHICKEN,

Jury Trial Requested

Defendant.

COMPLAINT

NOW COMES Plaintiffs, JEROME MILES, by his next friend SHARI YO~G, by'~nd' : ~;

r~~~ ~;"' ':·.~:~ f:~

through their attorneys, LISA KANE & ASSOCIATES, P.C., and complaining of Defendant; Js::_FC·" :·?

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t.:J

OF AMERICA, INC., d/b/a KENTUCKY FRIED CHICKEN, states as follows:

0"''

PRELIMINARY STATEMENT

I. This is an action seeking redress for the violation of rights guaranteed to Plaintiff

JEROME MILES under the Americans With Disabilities Act of 1990 ("ADA"), as amended, 42

U.S.C. § 12101 et seq. Plaintiffs seek mandatory injunctive relief and damages to redress

Defendant's discriminatory employment practices.

JURISDICTIONAL STATEMENT

2. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343(a)(3) and (4) and

28 U.S.C. § 1331 to secure protection of and to redress deprivation of rights secured by 42 U.S.C.

§ 12117. Plaintiffs seek declaratory relief pursuant to 28 U.S.C. § 2201 and 2202.

VENUE

3. Venue is proper under 28 U.S.C. § 1391 (b)(!) and (2).

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 2 of 11 PageID #:2
PARTIES 4. PlaintiffJEROME MILES is a mentally retarded United States citizen, aged 41 years old, who resides in Chicago, Illinois. Plaintiff SHARI YOUNG is a United States citizen, aged 42 years old, who resides in Chicago, Illinois. SHARI YOUNG is the sister of JEROME MILES and remains qualified to act as his representative in this action. 5. Defendant, KFC OF AMERICA, INC., d/b/a KENTUCKY FRIED CHICKEN, is a corporation properly recognized and sanctioned by the laws of the State of Illinois, which has continuously, and does now employ more than fifteen employees and is engaged in an industry that affects commerce. Defendant is an employer for purposes of 42 U.S.C. § 12101 et seg.
PROCEDURE 6. Plaintiff JEROME MILES filed a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC") on June 28, 2002. The EEOC issued Plaintiff a Notice of Right to Sue on July II, 2002, which was received on July 18, 2002. The Notice of Right to Sue entitles Plaintiff to initiate a civil action in the appropriate forum within ninety (90) days of the receipt of said Notice. Plaintiff initiated this action within said ninety (90) day period.
COUNT I ADA DISABILITY DISCRIMINATION 7. Paragraphs one (I) through six (6) are incorporated by reference as if fully set out herein. 8. Plaintiff JEROME MILES ("MILES") has been mentally retarded since birth, which primarily hinders his ability to understand information. Plaintiff MILES can follow directions with clear and simple communication. 9. At all times relevant to this action, Plaintiff MILES suffered from a mental impairment that substantially limited him in multiple major life activities, including but not limited
2

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 3 of 11 PageID #:3
to, learning, within the meaning of§ 12102(2)(c) of the ADA. I 0. At all times relevant to this action, Plaintiff MILES had a perceived mental
impairment that substantially limited him in multiple major life activities, including but not limited to, learning, within the meaning of§ 12102(2)(c) of the ADA.
II. On July 20, 2001, Defendant hired Plaintiff MILES into an entry-level position at its restaurant located at 1617 East 95th Street, Chicago, Illinois.
12. Plaintiff MILES was hired through the Illinois Mental Program, and a representative of this program spoke with the restaurant's head manager and Defendant's regional manager about Plaintiff MILES' disability and his ability to perform basic duties.
13. Plaintiff MILES has performed to Defendant's reasonable satisfaction at all times throughout his employment with Defendant.
14. Beginning in February 2002, Plaintiff MILES has been subjected to a continuous course of threats, comments, insults, ridicule, and harassment based on his actual or perceived disability, including but not limited to:
a. Female managers and coworkers demanded that Plaintiff MILES give them money. After Plaintiff MILES refused to do so, managers required that he punch out hours before his shift was over and leave early. b. Managers yelled and cursed at PlaintiffMILES on a regular basis without any provocation by Plaintiff MILES. c. Managers refused to provide Plaintiff MILES with breaks until the end ofhis shift, while similarly situated non-disabled employees receive breaks throughout their shifts. 15. On June I 0, 2002, Manager Stephanie Raglin asked Plaintiff MILES for $20. When
3

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 4 of 11 PageID #:4
Plaintiff MILES refused to give Manager Raglin this money, Raglin told Plaintiff MILES to punch out and go home.
16. When Plaintiff MILES returned home, Plaintiff SHARI YOUNG ("YOUNG") contacted the restaurant and Manager Octavia Bolden cursed at her. From 10:00 a.m. to 10:00 p.m. on June 1Oth, managers at the restaurant called Plaintiffs' home and made threatening comments to their family. These threats did not end until Plaintiffs' brother told Manager Raglin that the restaurant was discriminating against Plaintiff MILES because of his disability.
17. On June II th, PlaintiffYOUNG advised Defendant's regional manager, John Malloy, of the threats made by the managers and the misconduct directed at Plaintiff MILES' actual or perceived disability. Malloy stated that he would speak to the employees at the restaurant.
18. Malloy never contacted Plaintiffs regarding the June 11th complaint. 19. When Plaintiff MILES returned to work on June 12th, Managers Raglin and Bolden continued to make threatening comments concerning Plaintiff YOUNG. Plaintiff MILES was sent home after less than an hour at the restaurant. 20. After Plaintiff MILES was sent home on June 12th, Defendant failed to advise Plaintiff MILES of his next work day. 21. On June 25,2002, PlaintiffMILES was constructively discharged due to the harassing conditions at the restaurant and Defendant's failure to correct such harassment, as he had no real choice but to quit. 22. As a direct and proximate result of the aforementioned discriminatory acts of Defendant, Plaintiff MILES has endured adverse terms and conditions of his employment with Defendant in the form of disparate treatment compared to non-disabled employees, a hostile work environment created based on his actual or perceived disability, and being constructively discharged.
4

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 5 of 11 PageID #:5
23. The aforementioned acts of Defendant constitute unlawful discrimination against Plaintiff MILES because of his actual or perceived disability, in violation of the provisions of Title I of the ADA, as amended, 42 U.S.C. § 12101 et seq.
24. As a direct and proximate result of the above alleged willful and reckless acts or omissions ofDefendant, PlaintiffMILES has suffered damages, including but not limited to, lost and foregone wages and benefits, and physical and emotional harm.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request that this Court: A. Declare the conduct ofthe Defendant to violate rights guaranteed to Plaintiff MILES under appropriate federal law; B. Grant a permanent injunction restraining Defendant, its officers, successors, assigns, and all other persons in active concert or participation with them, from engaging in any employment practices which unlawfully discriminates on the basis of disability; C. Order Defendant to make whole JEROME MILES by providing the affirmative relief necessary to eradicate the effects of the Defendant's unlawful practices; D. Grant Plaintiff MILES any consequential, compensatory, punitive and any other damages that the Court may deem appropriate; E. Grant Plaintiff MILES his attorney's fees, costs, and disbursements; and F. Grant Plaintiff MILES such further relief as the Court deems necessary and proper in the public interest.
5

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 6 of 11 PageID #:6
JURY TRIAL DEMAND 25. Plaintiffs request a jury trial on all issues of fact and law raised by the allegations in this Complaint.
Respectfully submitted, JEROME MILES, by his next friend SHARI YOUNG, Plaintiffs, By: Lisa Kane, Attorney for Plaintiff
LISA KANE & ASSOCIATES Attorneys for Plaintiff 120 South LaSalle Street, Suite 1420 Chicago, IL 60603 (312) 606-0383 Attorney Code No. 06203093
6

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 7 of 11 PageID #:7
Verification I, Jerome Miles, declare under penalty of perjury that the foregoing is true and correct. Executed on July 31, 2002.
Jerome Miles
I, Shari Young, declare under penalty of perjury that the foregoing is true and correct. Executed on July 31, 2002.

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 8 of 11 PageID #:8

.-------,.------- ---,,...,,;:-----------'"',-------r'-?~->f----1

EQUAc EMPlOYMENT OPPORTUNITY COMMISSJOil.

c~

NOTICE OF RIGHT TO SUE

(Issued on request}

To: Mr. Jerome Miles 901 E. 104'" St., #A220 Chicago, Illinois 60628

From:

Equal Employment Opportunity Commission 500 West Madison Suite 2800 Chicago, Illinois 60661

Certified No,:7001 0360 0000 0460 0647
D On behalfofa person aggrieved whose identity is
CONFIDENTIAL (CF.R- 1601-7(a))

Charge Number

EEOC Representative

210A203728

Daniel McGuire, Supervisor

( See the additional information attached to this form )

Telephone Number
I (312) 353-7511

TO THE PERSON AGGRIEVED: This is your NOTICE OF RIGHc TO SUE. It is issued at your request. If you intend to sue the respondent(s) named in your charge, YOU MUST DO SO WITHIN NINETY (90) DAYS OF YOUR RECEIPT OF THIS NOTICE: OTHERWISE YOUR RIGHT TO SUE IS lOST.
C J More than 180 days have expired since the filing of this charge.
W less than 180 days have expired since the filing of this charge, but I have determined that the Commission will unable to complete its process within 180 days from the filing of the charge.
[ i ] With the issuance of this NOTICE OF RIGHT TO SUE, the Commission is terminating its process with respect to
charge.
C J lt has been determined that the Commission will continue to investigate your charge. C J ADEA: While Title VII and the ADA require EEOC to issue this notice of right to sue before you can bring a lawsuit,
you may sue under the Age Discrimination in Employment Act (ADEA) any time 60 days after your charge was filed until 90 days after you received notice that EEOC has completed action on your charge.
C J Because EEOC is closing your case, your lawsuit under the ADEA must be brought within 90 days of your
receipt of this notice. Otherwise, your right to sue is lost.
C J EEOC is continuing its investigation. You will be notified when we have completed action and, if appropriate,
our notice will include notice of right to sue under the ADEA.
C J EPA: While Title VII and the ADA require EEOC to issue this Notice of Right to Sue before you can bring a lawsuit,
you already have the right to sue under the Equal Pay Act (EPA) (You are not required to complain to any enforcement agency before bringing an EPA suit in court). EPA suits must be brought within 2 years (3 years for willful violations) of the alleged EPA underpayment.

~- ( 1-u<.
(Date)

Enclosures Information Sheet Copy of Charge
cc: Respondent(s)
EEOC Form 161·9 (Test 10/94)

KFC, Inc.

On Behalf of the Commission

Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 9 of 11 PageID #:9

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Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 10 of 11 PageID #:10

In the Matter of

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NORTHERN DISTRICT OF ILLINOIS

DOCKETED
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JEROME MILES, by his next friend SHARI YOUNG,

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KFC OF AMERICA, INC., d/b/a KENTUCKY FRIED CHICKEN
APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEYJffif&'LINOBERG
JEROME MILES, by his next friend SHARI YOUNG

MAGISTRAIE cii:IOSe AS AMAJ

SIGNATURE..

(A)

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NAME Lisa Kane

FIRM Lisa Kane & Associates, P.C.

sTREET ADDREss 120 South LaSalle Street, # 1420

ciTY/STATE/ziP Chicago, Illinois 60603

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06256274 IDENTIFICATION NUMBER (SEE ITEM 4 ON Rf;VERSE)

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YES D NO X

06270773 IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR?

YES D

TRIAL ATTORNEY?

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Case: 1:02-cv-05677 Document #: 1 Filed: 08/09/02 Page 11 of 11 PageID #:11

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MAGISTRATE JUDGE ASHMAN

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 Case: 1:02-cv-05677 Document #: 11 Filed: 12/16/02 Page 1 of 1 PageID #:44

Miles v. KFC of Amer Inc, Docket No. 1:02-cv-05677 (N.D. Ill. Aug 09, 2002), Court Docket
General Information

Court Nature of Suit Docket Number

United States District Court for the Northern District of Illinois Civil Rights: Employment 1:02-cv-05677

© 2013 Bloomberg Finance L.P. All rights reserved. Terms of Service View at Bloomberg Law // PAGE 2

 
 Case: 1:02-cv-05677 As of: 11/06/2013 02:40 PM CST 1 of 3
ASHMAN,TERMED
United States District Court Northern District of Illinois − CM/ECF LIVE, Ver 5.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:02−cv−05677

Miles v. KFC of Amer Inc Assigned to: Honorable George W. Lindberg Demand: $0 Cause: 42:12101 Americans with Disabilities Act
Plaintiff

Date Filed: 08/09/2002 Date Terminated: 12/16/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Jerome Miles

represented by Lisa R. Kane Lisa Kane &Associates 141 West Jackson Boulevard Suite 3620 Chicago, IL 60604 (312) 606−0383 Fax: (312) 606−0765 Email: lisakane@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Janice A. Wegner Lisa Kane &Associates 120 South LaSalle Street Suite 1420 Chicago, IL 60603 (312) 606−0383 Email: lisakane@sbcglobal.net ATTORNEY TO BE NOTICED

Kevin R. Vodak Lisa Kane &Associates, P.C. 120 South LaSalle Street Suite 1420 Chicago, IL 60603 (312)606−0383 Email: lisakane@sbcglobal.net ATTORNEY TO BE NOTICED

Terrence F Canela Lisa Kane &Associates 120 South LaSalle Street Suite 1420 Chicago, IL 60603 (312) 606−0383

Zacharias C. Leonard Lisa Kane &Associates 120 South LaSalle Street Suite 1420 Chicago, IL 60603 (312) 606−0383

V.
Defendant
KFC of America, Inc. doing business as Kentucky Fried Chicken

represented by Eric J. Pelton Kienbaum, Opperwall, Hardy &Pelton 325 South Old Woodward Avenue Birmingham, MI 48009

Case: 1:02-cv-05677 As of: 11/06/2013 02:40 PM CST 2 of 3
(248) 645−0000 Email: epelton@kohp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachel Cowan Connelly, Sheehan &Moran 150 South Wacker Drive Suite 1600 Chicago, IL 60606 (312) 372−1969 ATTORNEY TO BE NOTICED
Tanya L. Jachimiak Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603 (312) 460−5000 Fax: (312) 460−7000 Email: tjachimiak@seyfarth.com ATTORNEY TO BE NOTICED

Date Filed 01/09/2003 12/16/2002
12/13/2002 12/02/2002
11/21/2002 11/21/2002 11/18/2002
11/18/2002 10/30/2002

# Docket Text
SCHEDULE set on 1/9/03 by Hon. Martin C. Ashman : Settlement conference is stricken. No notice (is) (Entered: 01/09/2003)
11 MINUTE ORDER of 12/16/02 by Hon. George W. Lindberg: By stipulation of the parties this action is dismissed with prejudice pursuant to Rule 41(a)(1), all parties to bear their own costs and fees. Status hearing date is stricken. Terminating the case referral to Hon. Martin C. Ashman regarding [8−1], regarding [8−2]. Terminating case. Mailed notice (gcy) (Entered: 12/16/2002)
12 STIPULATION by parties to dismiss with prejudice. (gcy) (Entered: 12/17/2002)
SCHEDULE set on 12/2/02 by Hon. Martin C. Ashman : Settlement conference set for 2:00 1/10/03 in chambers 1366. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further details see attached standing order). Mailed notice (is) (Entered: 12/02/2002)
10 EXPEDITED REFERRAL ORDER: Case referred to Hon. Martin C. Ashman for settlement conference. Mailed notice. (slb) (Entered: 11/21/2002)
SCHEDULE set on 11/21/02 by Hon. George W. Lindberg : Status hearing held and continued to January 15, 2003 at 9:30a.m. No notice (slb) (Entered: 11/21/2002)
9 MINUTE ORDER of 11/18/02 by Hon. George W. Lindberg : Answer brief to motion to dismiss or stay action pending arbitration [8−1] due 12/06/02. Reply to answer brief due 12/13/02. Ruling on defendant's motion to dismiss or stay action pending arbitration set for 01/15/03 at 9:45 a.m. Mailed notice. (gcy) (Entered: 11/19/2002)
8 MOTION by defendant to dismiss , or to stay action pending arbitration ; Memorandum of law in support (Attachments); Notice. (gcy) (Entered: 11/19/2002)
7 MINUTE ORDER of 10/30/02 by Hon. George W. Lindberg : Status hearing held and continued to 11/21/02 at 9:30 a.m. Trial set for 06/02/03 at 10:00 a.m. Discovery cutoff set for 03/05/03. Motion for summary judgment due 03/19/03. Response due 04/02/03 to the motion for summary judgment. Reply due 04/09/03. Ruling set for 03/07/03. Proposed final pretrial order to be submitted to chambers on 05/27/03 at 10:00 a.m. Mailed notice (gcy) (Entered: 10/31/2002)

Case: 1:02-cv-05677 As of: 11/06/2013 02:40 PM CST 3 of 3

10/23/2002 09/23/2002 09/06/2002 09/05/2002 09/04/2002 09/04/2002 08/15/2002 08/12/2002 08/09/2002 08/09/2002

SCHEDULE set on 10/23/02 by Hon. George W. Lindberg : Status hearing reset to 9:00 10/30/02 . Mailed notice (slb) (Entered: 10/23/2002)
SCHEDULE set on 9/23/02 by Hon. George W. Lindberg : Status hearing reset to 9:30 10/24/02 . Mailed notice (slb) (Entered: 09/23/2002)
5 ANSWER and affirmative defenses by defendant to complaint [1−1]. (ntf) (Entered: 09/09/2002)
6 ATTORNEY APPEARANCE for defendant by Eric J. Pelton, Rachel Cowan. (ntf) (Entered: 09/09/2002)
4 UNOPPOSED MOTION by defendant for extension of time to file its answer ; Notice. (fce) (Entered: 09/05/2002)
3 ATTORNEY APPEARANCE for KFC of Amer Inc by Tanya L. Jachimiak (fce) (Entered: 09/05/2002)
2 RETURN OF SERVICE executed 8/15/02 as to defendant KFC of Amer Inc. (fce) (Entered: 08/16/2002)
SCHEDULE set on 8/12/02 by Hon. George W. Lindberg : Status hearing set to 9:30 10/23/02 . Mailed notice (slb) (Entered: 08/12/2002)
RECEIPT regarding payment of filing fee paid; on 08/09/02 in the amount of $150.00, receipt # 1081742. (mw) (Entered: 08/09/2002)
1 COMPLAINT (Attachments); Jury demand − Civil cover sheet − Appearance(s) of Terrence F Canela, Kevin R. Vodak, Zacharias C. Leonard, Janice A. Wegner, Lisa R. Kane as attorney(s) for plaintiff (Original and one copy summons(es) issued.) (Documents: 1−1 through 1−4). (mw) (Entered: 08/09/2002)