Exhibit A

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION,

Plaintiff,

v.

R.G. & G.R. HARRIS FUNERAL 

HOMES INC.,

Defendant.

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CIVIL ACTION NO.

First Amended 

Complaint 

and Jury Demand

_________________________________ )

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 

to correct unlawful employment practices on the basis of sex and to 

provide appropriate relief to Aimee Stephens who was adversely 

affected by such practices. As alleged with greater particularly in 

paragraphs 8 through 16 below, Defendant R.G. & G.R. Harris

Funeral Home, Inc., fired Stephens, a transgender woman, because 

of sex. Additionally, as alleged in paragraphs 12 and 17 below, 

Defendant discriminated against female employees by not providing 

them work clothing while providing work clothing to male 

employees.

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JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 

§§ 451, 1331, 1337, 1343 and 1345. This action is authorized and 

instituted pursuant to Section 706(f)(1) and (3) of Title VII of the 

Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(1) and 

(3) (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 

U.S.C. § 1981a. 

2. The employment practices alleged to be unlawful were 

committed within the jurisdiction of the United States District 

Court for Eastern District of Michigan, Southern Division.

PARTIES

3. Plaintiff, the Equal Employment Opportunity Commission 

(the “Commission”), is the agency of the United States of America 

charged with the administration, interpretation and enforcement of 

Title VII, and is expressly authorized to bring this action by Section 

706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).

4. At all relevant times, Defendant, R.G. & G.R. Harris Funeral 

Home, Inc. (the “Employer”), a Michigan Corporation, has 

continuously been doing business in the State of Michigan and the 

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Cities of Detroit, Livonia, and Garden City, and has continuously 

had at least 15 employees.

5. At all relevant times, Defendant Employer has continuously 

been an employer engaged in an industry affecting commerce within 

the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 

2000e(b), (g) and (h).

CONDITIONS PRECEDENT

6. More than thirty days prior to the institution of this lawsuit, 

Stephens filed a charge with the Commission alleging violations of 

Title VII by Defendant Employer. 

7. All conditions precedent to the institution of this lawsuit 

have been fulfilled.

STATEMENT OF FACTS

8. Aimee Stephens had been employed by Defendant as a 

Funeral Director/Embalmer since October 2007.

9. Stephens adequately performed the duties of her position.

10. Stephens is a transgender woman. On or about July 31, 

2013, Stephens informed Defendant Employer and her co-workers 

in a letter that she was undergoing a gender transition from male to 

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female and intended to dress in appropriate business attire at work 

as a woman from then on, asking for their support and 

understanding.

11. On or about August 15, 2013, Defendant Employer’s 

owner fired Stephens, telling her that what she was “proposing to 

do” was unacceptable.

12. Since at least September 13, 2011, the Defendant 

Employer has provided a clothing allowance to male employees but 

not female employees. Defendant Employer provides work clothes 

to male employees but provides no such assistance to female 

employees.

STATEMENT OF CLAIMS

13. Paragraphs 8 through 12 are fully incorporated herein.

14. Defendant engaged in unlawful employment practices at 

its Garden City, Michigan facility, in violation of Section 703(a)(1) of 

Title VII, 42 U.S.C. § 2000e-2(a)(1), by terminating Stephens 

because of sex.

15. Defendant Employer’s decision to fire Stephens was 

motivated by sex-based considerations. Specifically, Defendant 

Employer fired Stephens because Stephens is transgender, because 

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of Stephens’s transition from male to female, and/or because 

Stephens did not conform to the Defendant Employer’s sex- or 

gender-based preferences, expectations, or stereotypes.

16. The effect of the practices complained of in paragraphs 8 

through 11 and 14 through 15 above has been to deprive Stephens 

of equal employment opportunities and otherwise adversely affect 

her status as an employee because of her sex. 

17. Defendant engaged in unlawful employment practices at 

its Garden City, Michigan facility, in violation of Section 703(a)(1) of 

Title VII, 42 U.S.C. § 2000e-2(a)(1), by providing a clothing 

allowance/work clothes to male employees but failing to provide 

such assistance to female employees because of sex.

18. The effect of the practices complained of in paragraphs 

12 and 17 above has been to deprive a class of female employees of 

equal employment opportunities and otherwise adversely affect 

their status as employees because of their sex.

19. The unlawful employment practices complained of in 

paragraphs 8 through 18 above were intentional.

20. The unlawful employment practices complained of in 

paragraphs 8 through 18 above were done with malice or with 

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reckless indifference to the federally protected rights of Stephens 

and a class of female employees.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this 

Court:

A. Grant a permanent injunction enjoining Defendant 

Employer, its officers, agents, servants, employees, attorneys, and 

all persons in active concert or participation with them, from 

engaging in any unlawful practice which discriminates against an 

employee or applicant because of their sex, including on the basis 

of gender identity.

B. Order Defendant Employer to institute and carry out 

policies, practices, and programs which provide equal employment 

opportunities regardless of sex (including gender identity), and 

which eradicate the effects of its past and present unlawful 

employment practices. 

C. Order Defendant Employer to make Stephens whole by 

providing appropriate backpay with prejudgment interest, in 

amounts to be determined at trial, and other affirmative relief 

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necessary to eradicate the effects of its unlawful employment 

practices, including but not limited to front pay for Stephens.

D. Order Defendant Employer to make Stephens and a class 

of female employees whole by providing compensation for past and 

future pecuniary losses resulting from the unlawful employment 

practices described in paragraphs 8 through 18 above, including 

medical losses, job search expenses, and lost clothing allowances, 

in amounts to be determined at trial.

E. Order Defendant Employer to make Stephens and a class 

of female employees whole by providing compensation for past and 

future nonpecuniary losses resulting from the unlawful practices 

complained of in paragraphs 8 through 18 above, including 

emotional pain, suffering, inconvenience, loss of enjoyment of life, 

and humiliation, in amounts to be determined at trial.

F. Order Defendant Employer to pay Stephens and a class 

of female employees punitive damages for its malicious or recklessly 

indifferent conduct described in paragraphs 8 through 18 above, in 

amounts to be determined at trial.

G. Grant such further relief as the Court deems necessary 

and proper in the public interest.

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H. Award the Commission its costs of this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact 

raised by its complaint.

Respectfully submitted,

EQUAL EMPLOYMENT 

 OPPORTUNITY COMMISSION

P. DAVID LOPEZ

General Counsel

JAMES L. LEE

Deputy General Counsel

GWENDOLYN YOUNG REAMS 

Associate General Counsel

s/ Laurie A. Young 

LAURIE A. YOUNG

Regional Attorney

 

s/ Kenneth Bird

KENNETH BIRD

Supervisory Trial Attorney

s/ Miles Shultz 

MILES SHULTZ (P73555)

Trial Attorney

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Dated: May 19, 2015 s/ Dale Price

DALE PRICE (P55578)

Trial Attorney

DETROIT FIELD OFFICE

Patrick V. McNamara

477 Michigan Avenue, Room 865

Detroit, Michigan 48226

Dale.Price@EEOC.GOV 

Tel. No. (313) 226-7808

Fax No. (313) 226-6584

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