UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

DELILAH ESCALANTE, 

 Plaintiff, 

 Case No. 

v.

 Hon. 

CONSUMERS ENERGY COMPANY, 

 Defendants. 

GOLD STAR LAW, P.C. 

DAVID A. HARDESTY (P38609) 

CAITLIN E. MALHIOT (P76606) 

ARMIN HALILOVIC (P78042)

Attorneys for Plaintiff 

2701 Troy Center Dr., Suite 400 

Troy, MI 48084 

(248) 275-5200 

dhardesty@goldstarlaw.com

cmalhiot@goldstarlaw.com

ahalilovic@goldstarlaw.com 

COMPLAINT AND JURY DEMAND 

 Plaintiff, Delilah Escalante, through her attorneys, Gold Star Law, P.C., for 

her Complaint states: 

PARTIES, JURISDICTION AND VENUE

1. Plaintiff, Delilah Escalante, is an individual residing in Detroit, 

Michigan. 

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2. Defendant, Consumers Energy Company, is a Michigan corporation 

conducting business throughout the state of Michigan with its registered office in 

Jackson, Michigan. 

3. This action arises under Title VII of the Civil Rights Act of 1964 

(“Title VII”), 42 USC § 2000e et seq., the Elliot-Larsen Civil Rights Act of 1976 

(“ELCRA”) MCL § 37.2101 et seq. and the Persons with Disabilities Civil Rights 

Act of 1976 (“PWDCRA”) MCL § 37.1101 et seq. Jurisdiction of this Court is 

invoked pursuant to 28 USC § 1331 and 28 USC § 1367. 

4. Defendant resides within this judicial district, a substantial part of the 

events giving rise to the claim occurred in this judicial district, and venue is proper 

in this court pursuant to 28 USC § 1391(b) and (c). 

FACTUAL ALLEGATIONS

5. Plaintiff is an Hispanic female of Mexican descent. 

6. Plaintiff is a disabled individual because she suffers from 

hypertension. 

7. Plaintiff began working for Defendant as a customer service 

representative (“CSR”) on May 6, 2013. 

8. Plaintiff worked at Defendant’s Royal Oak, Michigan office. 

9. Plaintiff’s primary responsibility was to answer phone calls from the 

customer service and emergency lines. 

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10. Plaintiff was working approximately forty (40) to forty eight (48) 

hours per week and Defendant compensated Plaintiff at a rate of thirteen dollars 

($13.00) per hour. 

11. Plaintiff was one (1) of nine (9) newly hired CSRs at Defendant’s 

Royal Oak office. Plaintiff was the only Hispanic employee in the group of 

probationary CSRs and, upon information and belief, the only one suffering from 

hypertension. 

12. Defendant placed all newly hired CSRs, including Plaintiff, on a one 

hundred and eighty (180) day probationary period. 

13. On or about August 28, 2013, Plaintiff had to leave work early 

because she was experiencing severe dizziness and fatigue due to her hypertension. 

Plaintiff did not return to work until August 30, 2013 per her doctor’s instructions. 

14. Plaintiff received a doctor’s note for her absences and provided the 

note to Defendant upon returning to work on August 30, 2013. 

15. Defendant terminated Plaintiff’s employment on September 6, 2013.

16. Defendant’s stated reason for Plaintiff’s termination was Plaintiff’s 

attendance. 

17. Other probationary CSRs who were similarly situated to Plaintiff were 

absent on several days during the probationary period. Defendant did not 

terminate the other CSRs for their attendance. 

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18. Upon information and belief, Defendant terminated Plaintiff’s 

employment due to Plaintiff’s national origin, race and/or disability. 

19. Defendant treated Plaintiff differently than other similarly situated 

employees in the terms and conditions of her employment because of her national 

origin, race and/or disability. 

20. Defendant engaged in illegal discrimination against Plaintiff because 

of her national origin, race and/or disability. 

21. Plaintiff has exhausted her administrative remedies. Plaintiff timely 

filed a charge with the Equal Employment Opportunity Commission (“EEOC”) on 

December 3, 2013, alleging that Defendant terminated her because of her national 

origin. 

22. Plaintiff received a Dismissal and Notice of Rights from the EEOC on 

June 4, 2014. [Exhibit A; EEOC Charge # 471-2014-00539].

COUNT I 

TITLE VII—UNLAWFUL DISCRIMINATION BASED ON 

PLAINTIFF’S NATIONAL ORIGIN AND RACE 

23. Plaintiff incorporates the allegations in the foregoing paragraphs as if 

fully stated herein. 

24. Defendant is an “employer” within the coverage of Title VII. 

25. Plaintiff is an “employee” within coverage of Title VII. 

26. Plaintiff is a member of a protected class based on her race and 

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national origin. 

27. Defendant treated Plaintiff less favorably than similarly situated 

employees who are not of Plaintiff’s race and national origin. 

28. Defendant has discriminated against Plaintiff in the terms and 

conditions of her employment on the basis of her protected group status, in 

violation of Title VII. 

29. As a direct and proximate cause of Defendant’s violation of Title VII, 

Defendant is liable to Plaintiff for loss of past and future income and compensatory 

damages in an amount to be determined at trial. 

WHEREFORE, Plaintiff requests that this Court enter judgment against 

Defendants and award Plaintiff economic, emotional, and punitive damages, 

together with her costs and reasonable attorney fees incurred herein, plus such 

other relief as this Court deems just and equitable. 

COUNT II 

ELCRA—UNLAWFUL DISCRIMINATION BASED ON 

PLAINTIFF’S NATIONAL ORIGIN AND RACE

30. Plaintiff incorporates the allegations in the foregoing paragraphs as if 

fully stated herein. 

31. Defendant is an “employer” within the coverage of the ELCRA. 

32. Plaintiff is an “employee” within coverage of the ELCRA. 

33. Plaintiff is a member of a protected class based on her race and 

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national origin. 

34. Defendant treated Plaintiff less favorably than similarly situated 

employees who are not of Plaintiff’s race and national origin. 

35. Defendant discriminated against Plaintiff in the terms and conditions 

of her employment on the basis of her protected group status, in violation of the 

ELCRA. 

36. As a direct and proximate cause of Defendant’s violation of the 

ELCRA, Defendant is liable to Plaintiff for loss of past and future income and 

compensatory damages in an amount to be determined at trial. 

WHEREFORE, Plaintiff requests that this Court enter judgment against 

Defendants and award Plaintiff economic and emotional damages, together with 

her costs and reasonable attorney fees incurred herein, plus such other relief as this 

Court deems just and equitable. 

COUNT III 

PWDCRA—UNLAWFUL DISCRIMINATION BASED ON 

PLAINTIFF’S DISABILITY

37. Plaintiff incorporates the allegations in the foregoing paragraphs as if 

fully stated herein. 

38. Defendant is an “employer” within the coverage of the PWDCRA. 

39. Plaintiff is an “employee” within coverage of the PWDCRA. 

40. Plaintiff’s hypertension is a disability as defined by the PWDCRA. 

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41. Defendant discriminated against Plaintiff on the basis of her disability, 

in violation of the PWDCRA. 

42. As a direct and proximate cause of Defendant’s violation of the 

PWDCRA, Defendant is liable to Plaintiff for loss of past and future income and 

compensatory damages in an amount to be determined at trial. 

WHEREFORE, Plaintiff requests that this Court enter judgment against 

Defendants and award Plaintiff economic and emotional damages, together with 

her costs and reasonable attorney fees incurred herein, plus such other relief as this 

Court deems just and equitable. 

Respectfully submitted, 

 GOLD STAR LAW, P.C. 

 /s/ Armin Halilovic 

 David A. Hardesty (P38609) 

 Caitlin E. Malhiot (P76606) 

 Armin Halilovic (P78042)

 Attorneys for Plaintiff 

 2701 Troy Center Dr., Suite 400 

 Troy, MI 48084 

 (248) 275-5200 

Dated: July 28, 2014 

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JURY DEMAND

 Plaintiff, Delilah Escalante, hereby demands a trial by jury in this action. 

Respectfully submitted, 

 GOLD STAR LAW, P.C. 

 /s/ Armin Halilovic 

 David A. Hardesty (P38609) 

 Caitlin E. Malhiot (P76606) 

 Armin Halilovic (P78042)

 Attorneys for Plaintiff 

 2701 Troy Center Dr., Suite 400 

 Troy, MI 48084 

 (248) 275-5200 

Dated: July 28, 2014 

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EXHIBIT 

A 

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