U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:20-cv-01595-SPL

Hendrix v. Chipotle Mexican Grill Incorporated Assigned to: Judge Steven P Logan Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 08/12/2020 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff
Noel Hendrix Individually and on Behalf of All Others Similarly Situated

represented by Jason Saul Barrat Zoldan Law Group PLLC 14500 N Northsight Blvd., Ste. 133 Scottsdale, AZ 85260 480-442-3410 Fax: 480-442-3410 Email: jbarrat@zoldangroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jessica Elizabeth Miller Zoldan Law Group PLLC 14500 N Northsight Blvd., Ste. 133 Scottsdale, AZ 85260 480-442-3410 Fax: 480-442-3410 Email: jmiller@zoldangroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael David Zoldan Zoldan Law Group PLLC 14500 N Northsight Blvd., Ste. 133 Scottsdale, AZ 85260 480-442-3410 Email: MZoldan@zoldangroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant

Chipotle Mexican Grill Incorporated a Delaware Corporation

Date Filed

# Docket Text

08/12/2020 1

COMPLAINT. Filing fee received: $400.00, receipt number 097018564035 filed by Noel Hendrix. (submitted by Jessica Miller) (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 08/12/2020)

08/12/2020

2 SUMMONS Submitted by Noel Hendrix. (submitted by Jessica Miller) (REK) (Entered: 08/12/2020)

08/12/2020

3 Filing fee paid, receipt number 0970-18564035. This case has been assigned to the Honorable Eileen S. Willett. All future pleadings or documents should bear the correct case number: CV-20-01595-PHXESW. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form) (REK) (Entered: 08/12/2020)

08/12/2020

4 Summons Issued as to Chipotle Mexican Grill Incorporated. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/12/2020)

08/13/2020

6 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 08/14/2020)

08/14/2020

7 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Steven P Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-20-1595-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 08/14/2020)

08/14/2020

8 PRELIMINARY ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motion to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. Unless the Court orders otherwise, on November 10, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure

08/27/2020 09/01/2020 09/01/2020 09/01/2020 09/01/2020 09/08/2020 09/08/2020

See attached Order for complete details. Signed by Judge Steven P. Logan on 8/14/2020. (LMR) (Entered: 08/14/2020)
9 NOTICE of Appearance by Michael David Zoldan on behalf of Noel Hendrix. (Zoldan, Michael) (Entered: 08/27/2020)
10 NOTICE of Appearance by Michael David Zoldan on behalf of Noel Hendrix. (Zoldan, Michael) (Entered: 09/01/2020)
11 NOTICE of Attorney Substitution by Michael David Zoldan. (Zoldan, Michael) (Entered: 09/01/2020)
12 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Noel Hendrix . (Attachments: # 1 Exhibit Amended underlined complaint)(Zoldan, Michael) (Entered: 09/01/2020)
13 AMENDED COMPLAINT against Chipotle Mexican Grill Incorporated filed by Noel Hendrix.(Zoldan, Michael) (Entered: 09/01/2020)
14 SERVICE EXECUTED filed by Noel Hendrix: Proof of Service re: Amended Complaint, Summons, Order upon Chipotle Mexican Grill, Inc. DE on 20.09.03. (Zoldan, Michael) (Entered: 09/08/2020)
15 SERVICE EXECUTED filed by Noel Hendrix: Proof of Service re: Amended Complaint, Summons, Order upon Chipotle Mexican Grill, Inc. AZ on 20.09.04. (Zoldan, Michael) (Entered: 09/08/2020)

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0.20

 
 Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 1 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1 Jason Barrat; AZ Bar No. 029086

2

Jessica Miller; AZ Bar No. 031005 ZOLDAN LAW GROUP, PLLC

3 14500 N. Northsight Blvd., Suite 133

Scottsdale, AZ 85260 4 Tel & Fax: 480.442.3410

5 jbarrat@zoldangroup.com jmiller@zoldangroup.com
6

7

Attorneys for Plaintiff Noel Hendrix

8

UNITED STATES DISTRICT COURT 9

10

DISTRICT OF ARIZONA

11 Noel Hendrix, Individually and on Behalf 12 of All Others Similarly Situated,

Case No.

13

14

v.

Plaintiffs,

COLLECTIVE ACTION COMPLAINT UNDER 42 U.S.C. § 2000e, ET SEQ.

15 Chipotle Mexican Grill, Inc., a Delaware 16 Corporation,

17

Defendants.

(Jury Trial Requested)

18

19

Plaintiff Noel Hendrix, individually, and on behalf of all other persons similarly

20 situated, alleges as follows:
21

22

PRELIMINARY STATEMENT

23

1. Plaintiff and the Collective Members are current and former lactating female

24 employees of Defendants. They bring this action on behalf of themselves and all similarly-
25 situated current and former lactating female employees of Defendants who were not given
26 27 proper breaktime to pump breastmilk while on shift.

28

2. Plaintiff and the Collective Members bring this action against Defendants

alleging discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e.

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 2 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1

3. This is an action for equitable relief, back pay, front pay, compensatory and

2 punitive damages under Title VII. 3
JURISDICTION AND VENUE 4

5

4. This Court has jurisdiction over the subject matter and the parties hereto

6 pursuant to 42 U.S.C. § 2000e, et seq. and 28 U.S.C. § 1331.

7

5. Venue is proper in this District because the acts giving rise to the claims of

8

Plaintiff and the Collective Members occurred within the District of Arizona, and 9

10 Defendants regularly conduct business in and have engaged in the wrongful conduct

11 alleged herein and, thus, are subject to personal jurisdiction in this judicial district.

12

6. Plaintiff timely filed a Charge of Discrimination with the EEOC and has

13

timely filed this Complaint. 14

15

PARTIES

16

7. At all relevant times to the matters alleged herein, Plaintiff Noel Hendrix

17 resided in the District of Arizona. At all relevant times, Plaintiff and Collective Members

18 were employees of Defendants as defined in Title VII.
19

20

8. Defendant is a corporation authorized to do business in Arizona, and was at

21 all relevant times Plaintiff’s and the Collective Members’ employer as defined by Title VII.

22

FACTUAL ALLEGATIONS

23 9. Plaintiff was employed by Defendant from approximately March 2016 until
24

25 December 2016 at its 59th and Thunderbird location in Glendale, Arizona.

26

10. Plaintiff was a nursing mother while employed with Defendant.

27

11. Throughout the timeframe relevant to this Complaint, Plaintiff would inform

28 her managers that she needed regular breaks to express breastmilk, which would typically

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 3 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1 occur no more than once or twice per shift.

2

12. If Plaintiff did not timely pump breastmilk consistent with a regular schedule,

3

her breasts would become painfully engorged, or her breasts would sometimes leak 4

5 breastmilk.

6

13. On or about December 29, 2016, Plaintiff requested a short break to pump

7 breastmilk.
8 14. Plaintiff’s managers refused to let her take a break to pump breastmilk,
9

10 claiming that the restaurant was too busy to authorize her break.

11

15. Plaintiff was also told that she should have managed her time better before

12 coming into work.
13 16. Plaintiff returned to her post working as a cashier, which is a high-volume,
14

15 customer-facing role.

16

17. Approximately twenty minutes later, Plaintiff’s breasts began to visibly leak

17 breastmilk through her shirt. 18
18. Plaintiff was very embarrassed because she was forced to interact with 19
20 customers in close proximity with a breastmilk-soaked shirt.

21

19. Upon discovering that her breasts were leaking through her shirt, Plaintiff’s

22 manager told her that she could take a break in fifteen minutes. 23
20. While she was waiting, Plaintiff’s undergarments and work uniform became 24
25 cold and soggy in plain view of guests.

26

21. Approximately forty minutes after she was allowed to pump, two of

27 Plaintiff’s managers called her into the office to berate her.
28 22. Vinnie F (LNU) raised his voice during the confrontation in the tiny office.

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 4 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1

23. Vinnie F stated that he had a business to run and could not stop everything

2 just because Plaintiff needed to pump breastmilk. 3
24. Vinnie F also told Plaintiff that her mother could call corporate, but that he 4

5 was “untouchable,” so there was no point.

6

25. Vinnie F also stated that the whole team “had his back,” indicating that

7 Plaintiff’s peers not only knew about the embarrassing event, but also that they had
8 apparently chosen Vinnie F’s side.
9

10

26. Vinnie F also threatened to complain to Plaintiff’s boss about her request to

11 pump breastmilk during peak hours.

12

27. After her managers harassed her for requesting to take a pump break, Plaintiff

13

felt ashamed and embarrassed. 14

15

28. Following the altercation, Plaintiff called Defendant’s respectful work

16 number on two or three occasions and left voicemails.

17

29. Defendant never responded to Plaintiff’s complaints.

18 30. Plaintiff is aware of other current or former female employees of Defendant
19

20 that were denied pumping breaks and/or that experienced similar hostility in the workplace.

21

31. Plaintiff filed a Charge of Discrimination with the EEOC alleging that she

22 was discriminated against on the basis of her gender/pregnancy in violation of Title VII.

23 32. The EEOC issued a Cause Determination concluding that:
24

25

there is reasonable cause to believe Respondent violated Title VII, the

Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e (k), when

26

Respondent subjected Charging Party to discrimination due to her sex,

female (pregnancy), by preventing her from expressing breast milk at work,

27

and openly expressing hostility and subjecting her to harassment about her

28

need to express milk at work.

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 5 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1

COLLECTIVE ACTION ALLEGATIONS

2

33. Plaintiff Hendrix brings this action on behalf of herself and all other similarly

3

situated individuals. Plaintiff and the Collective Members are current and former lactating 4

5 female employees of Defendants. They bring this action on behalf of themselves and all

6 similarly-situated current and former lactating female employees of Defendants who were

7 not given proper breaktime to pump breastmilk while on shift.
8 The proposed collective class for the FLSA claims is defined as follows:
9

10

All current or former employees of Defendant, working in job positions

in its restaurants, who requested to pump or express breast milk while

11

on-shift, but were denied the request, and/or who were subjected to

12

hostility or harassment for requesting such pump breaks, between March 9, 2016 and January 3, 2017.

13

34. Plaintiff has given her written consent to be a party Plaintiff in this action. 14

15 Plaintiff’s signed consent form is attached as “Exhibit 1”. As this case proceeds, it is likely

16 that other individuals will file consent forms and join as “opt-in” plaintiffs.

17

35. The EEOC also determined that:

18

Like and related to Charging Party's claim, and stemming out of the

19

Commission's investigation, the evidence further revealed that Respondent

20

subjected other Aggrieved Individual(s) to harassment due to their sex,

female (pregnancy), in violation of Title VII, the Pregnancy Discrimination

21

Act of 1978, 42 U.S.C. § 2000e (k).

22 As such, the Collective Members’ claims are preserved by Plaintiff’s timely filing of her

23 EEOC Charge.
24

25

36. At all relevant times, Plaintiff and the Collective Members are and have been

26 similarly situated, have had substantially similar job positions, and were each denied

27 reasonable break periods to express breastmilk while on-shift. Plaintiff’s claims stated
28 herein are essentially the same as those of the Collective Members. This action is properly

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 6 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1 maintained as a collective action because in all pertinent aspects of the employment

2 relationship of individuals similarly situated to Plaintiff are identical or substantially 3
similar. 4

5

37. The claims of all Collective Members arise from a common nucleus of facts.

6 Liability is based on a systematic course of wrongful conduct by the Defendants that caused
7 harm to all of the Collective Members. 8
38. Notice of this action should be sent to all similarly situated female employees 9
10 who were denied reasonable break time to pump breast milk at work, or else were subjected

11 to hostility or harassment for requesting pump breaks while on-shift.

12

39. There are numerous similarly situated current and former employees of

13

Defendants who have been denied appropriate breaks to pump breastmilk or experienced 14

15 hostility for requesting pump breaks, who would benefit from a Court supervised notice of

16 the lawsuit and the opportunity to join the case. Those similarly stated employees are

17 known to Defendants and are readily identifiable through Defendants’ records.

18

DISCRIMINATION IN VIOLATION OF

19

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

20

(COUNT I)

21

40. Plaintiff hereby incorporates by reference the allegations contained in

22 paragraphs 1-38 above as though fully set forth herein. 23
41. Defendant is an employer within the meaning of the Civil Rights Act of 1964, 24
25 as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e et seq.

26

42. Defendant’s actions as alleged herein constitute discrimination on the basis

27 of gender/pregnancy in violation of Title VII. 28

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 7 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1

43. Defendant intentionally discriminated against Plaintiff and the Collective

2 Members, and acted with malice or reckless indifference to Plaintiff’s federally protected 3
rights. 4

5

44. As a result of Defendant’s discrimination, Plaintiff and the Collective

6 Members have suffered damages in an amount to be proven at trial.

7

CONCLUSION AND PRAYER FOR RELIEF

8

WHEREFORE, Plaintiff, individually, and on behalf of all other similarly situated 9

10 persons, respectfully requests that this Court grant the following relief in Plaintiff’s and the

11 Collective Members’ favor, and against Defendants:

12

A. Designation of this action as a collective action on behalf of Title VII

13

Collective Members (asserting Title VII claims) and prompt issuance of 14

15

notice to all similarly situated members of the class, apprising them of the

16

pendency of this action, and permitting them to timely assert Title VII claims

17

in this action by filing individual Consent to Sue forms;

18 B. For the Court to award compensatory damages in an amount to be determined
19

20

at trial;

21

C. For the Court to award punitive damages in an amount to be determined at

22

trial

23 D. For the Court to award prejudgment and post-judgment interest;
24

25

E. For the Court to award Plaintiff’s reasonable attorneys' fees and costs;

26

F. For the Court to provide reasonable incentive awards to each named Plaintiff

27

to compensate them for the time they spent and risks they took in pursuing

28 this lawsuit; and

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 8 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1

G. Such other relief as this Court shall deem just and proper.

2

JURY DEMAND

3

Plaintiff and the Collective Members hereby demand a trial by jury of all issues so 4

5 triable.

6

RESPECTFULLY SUBMITTED August 12, 2020.

7

ZOLDAN LAW GROUP, PLLC

8

By: /s/ Jessica Miller

9

14500 N. Northsight Blvd, Suite 133

10

Scottsdale, AZ 85260

Attorneys for Plaintiffs

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 9 of 10
E X H I B I T
1
EXHIBIT 1

Case 2:20-cv-01595-ESW Document 1 Filed 08/12/20 Page 10 of 10

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1 Jason Barrat; AZ Bar No. 029086

2

Jessica Miller; AZ Bar No. 031005 ZOLDAN LAW GROUP, PLLC

3 14500 N. Northsight Blvd., Suite 133

4

Scottsdale, AZ 85260 Tel & Fax: 480.442.3410

5

jbarrat@zoldangroup.com jmiller@zoldangroup.com

6

7

Attorneys for Plaintiff Noel Hendrix

8

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF ARIZONA

11 Noel Hendrix, Individually and on Behalf 12 of All Others Similarly Situated,

13

Plaintiffs,

Case No.

14

v.

15 Chipotle Mexican Grill, Inc., a Delaware 16 Corporation,

PLAINTIFF NOEL HENDRIX’S CONSENT TO JOIN COLLECTIVE ACTION AS NAMED PLAINTIFF

17

Defendants.

18

19

I, Noel Hendrix, do hereby consent to be a party plaintiff to the above entitled

20 action. I have read the complaint to be filed in the United States District Court for the 21

22 District of Arizona, Phoenix Division, and authorize my attorneys, Zoldan Law Group,

23 PLLC to file the complaint on my behalf and for other employees similarly situated. I

24 hereby verify that all information in the Collective Action Complaint Under 42 U.S.C. § 25 2000e, et seq. is true and accurate to the best of my recollection. 26

27

28

_________________________

Noel Hendrix

08 / 12 / 2020
__________________ Date

 
 Case 2:20-cv-01595-SPL Document 13 Filed 09/01/20 Page 1 of 6

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1 Jason Barrat; AZ Bar No. 029086

2

Michael Zoldan; AZ Bar No. 028128 ZOLDAN LAW GROUP, PLLC

3 14500 N. Northsight Blvd., Suite 133

4

Scottsdale, AZ 85260 Tel & Fax: 480.442.3410

5 jbarrat@zoldangroup.com jmiller@zoldangroup.com
6

7

Attorneys for Plaintiff Noel Hendrix

8

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF ARIZONA

11 Noel Hendrix,

Case No. CV-20-01595-SPL

12

Plaintiff,

13

v.

14 Chipotle Mexican Grill, Inc., a Delaware
15 Corporation,

16 Defendant.
17

FIRST AMENDED VERIFIED COMPLAINT
(Jury Trial Requested)

18

Plaintiff Noel Hendrix alleges as follows:

19 JURISDICTION AND VENUE
20

21

1. This Court has jurisdiction over the subject matter and the parties hereto

22 pursuant to 42 U.S.C. § 2000e, et seq. and 28 U.S.C. § 1331.

23

2. Venue is proper in this District because the acts giving rise to the claims of

24 Plaintiff occurred within the District of Arizona, and Defendants regularly conduct
25 26 business in and have engaged in the wrongful conduct alleged herein and, thus, are subject

27 to personal jurisdiction in this judicial district.

28

3. Plaintiff timely filed a Charge of Discrimination with the EEOC and has

Case 2:20-cv-01595-SPL Document 13 Filed 09/01/20 Page 2 of 6

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1 timely filed this Complaint.

2

PARTIES

3

4

4. At all relevant times to the matters alleged herein, Plaintiff Noel Hendrix

5 resided in the District of Arizona. At all relevant times, Plaintiff was an employee of

6 Defendant as defined in Title VII.

7

5. Defendant is a corporation authorized to do business in Arizona, and was at

8

9 all relevant times Plaintiff’s employer as defined by Title VII.

10

FACTUAL ALLEGATIONS

11

6. Plaintiff was employed by Defendant from approximately March 2016 until

12 December 2016 at its 59th and Thunderbird location in Glendale, Arizona.

13 7. Plaintiff was a nursing mother while employed with Defendant.
14

15

8. Throughout the timeframe relevant to this Complaint, Plaintiff would inform

16 her managers that she needed regular breaks to express breastmilk, which would typically

17 occur no more than once or twice per shift. 18
9. If Plaintiff did not timely pump breastmilk consistent with a regular schedule, 19
20 her breasts would become painfully engorged, or her breasts would sometimes leak

21 breastmilk.

22

10. On or about December 29, 2016, Plaintiff requested a short break to pump

23 breastmilk.
24

25

11. Plaintiff’s managers refused to let her take a break to pump breastmilk,

26 claiming that the restaurant was too busy to authorize her break.

27

12. Plaintiff was also told that she should have managed her time better before

28 coming into work.

Case 2:20-cv-01595-SPL Document 13 Filed 09/01/20 Page 3 of 6

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1

13. Plaintiff returned to her post working as a cashier, which is a high-volume,

2 customer-facing role.

3

4

14. Approximately twenty minutes later, Plaintiff’s breasts began to visibly leak

5 breastmilk through her shirt.

6

15. Plaintiff was very embarrassed because she was forced to interact with

7 customers in close proximity with a breastmilk-soaked shirt.

8

9

16. Upon discovering that her breasts were leaking through her shirt, Plaintiff’s

10 manager told her that she could take a break in fifteen minutes.

11

17. While she was waiting, Plaintiff’s undergarments and work uniform became

12 cold and soggy in plain view of guests.

13

14

18. Approximately forty minutes after she was allowed to pump, two of

15 Plaintiff’s managers called her into the office to berate her.

16

19. Vinnie F (LNU) raised his voice during the confrontation in the tiny office.

17

20. Vinnie F stated that he had a business to run and could not stop everything

18 just because Plaintiff needed to pump breastmilk.
19

20

21. Vinnie F also told Plaintiff that her mother could call corporate, but that he

21 was “untouchable,” so there was no point.

22

22. Vinnie F also stated that the whole team “had his back,” indicating that

23 Plaintiff’s peers not only knew about the embarrassing event, but also that they had
24

25 apparently chosen Vinnie F’s side.

26

23. Vinnie F also threatened to complain to Plaintiff’s boss about her request to

27 pump breastmilk during peak hours. 28
24. After her managers harassed her for requesting to take a pump break, Plaintiff

Case 2:20-cv-01595-SPL Document 13 Filed 09/01/20 Page 4 of 6

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1 felt ashamed and embarrassed.

2

25. Following the altercation, Plaintiff called Defendant’s respectful work

3

4 number on two or three occasions and left voicemails.

5

26. Defendant never responded to Plaintiff’s complaints.

6

27. Plaintiff is aware of other current or former female employees of Defendant

7 that were denied pumping breaks and/or that experienced similar hostility in the workplace.

8

9

28. Plaintiff filed a Charge of Discrimination with the EEOC alleging that she

10 was discriminated against on the basis of her gender/pregnancy in violation of Title VII.

11

29. The EEOC issued a Cause Determination concluding that:

12

there is reasonable cause to believe Respondent violated Title VII, the

13

Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e (k), when

14

Respondent subjected Charging Party to discrimination due to her sex, female (pregnancy), by preventing her from expressing breast milk at work,

15

and openly expressing hostility and subjecting her to harassment about her need to express milk at work.

16

17

DISCRIMINATION IN VIOLATION OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

18

(COUNT I)

19

30. Plaintiff hereby incorporates by reference the allegations contained above as

20 though fully set forth herein.

21

22

31. Defendant is an employer within the meaning of the Civil Rights Act of 1964,

23 as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e et seq.

24

32. Defendant’s actions as alleged herein constitute discrimination on the basis

25 of gender/pregnancy in violation of Title VII.

26

27

33. Defendant intentionally discriminated against Plaintiff, and acted with

28 malice or reckless indifference to Plaintiff’s federally protected rights.

Case 2:20-cv-01595-SPL Document 13 Filed 09/01/20 Page 5 of 6

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

1

34. As a result of Defendant’s discrimination, Plaintiff has suffered damages in

2 an amount to be proven at trial.

3

4

CONCLUSION AND PRAYER FOR RELIEF

5

WHEREFORE, Plaintiff, respectfully requests that this Court grant the following

6 relief in Plaintiff’s favor, and against Defendants:

7

A. For the Court to award compensatory damages in an amount to be determined

8

9

at trial;

10

B. For the Court to award punitive damages in an amount to be determined at

11

trial

12

C. For the Court to award prejudgment and post-judgment interest;

13

14

D. For the Court to award Plaintiff’s reasonable attorneys' fees and costs;

15

E. An award of damages for all counts in an amount to be proven at trial;

16

F. An award of back pay and front pay;

17

G. Declaring the acts and practices complained herein are in violation of Title

18 VII of the Civil Rights Act of 1964; and
19

20

H. Such other relief as this Court shall deem just and proper.

21

JURY DEMAND

22

Plaintiff hereby demands a trial by jury of all issues so triable.

23 RESPECTFULLY SUBMITTED September 1, 2020.
24

25

ZOLDAN LAW GROUP, PLLC

26

By: /s/ Michael Zoldan

27

14500 N. Northsight Blvd, Suite 133 Scottsdale, AZ 85260

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Attorneys for Plaintiff

Case 2:20-cv-01595-SPL Document 13 Filed 09/01/20 Page 6 of 6

ZOLDAN LAW GROUP, PLLC
14500 N. Northsight Blvd. Suite 133 Scottsdale, Arizona 85260 Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

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VERIFICATION

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Plaintiff Noel Hendrix declares under penalty of perjury that she has read the

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4 foregoing Verified Complaint and is familiar with the contents thereof. The matters asserted

5 therein are true and based on her personal knowledge, except as to those matters stated upon

6 information and belief, and as to those matters, she believes them to be true.

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10 Noel Hendrix
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