IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION,

Plaintiff,

v.

FELDMAN AUTOMOTIVE, INC.,

Defendant.

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CIVIL ACTION NO.

COMPLAINT

AND JURY 

DEMAND 

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NATURE OF THE ACTION

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

and Title I of the Civil Rights Act of 1991 to correct unlawful 

employment practices on the basis of religion, and to provide 

appropriate relief to Brandan Allen who was adversely affected by 

such practices. As alleged with greater particularity in paragraph 7 

below, Defendant Feldman Automotive, Inc., failed to hire Allen 

because of his religious beliefs.

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 

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

2000e-5(f)(1) and (3) (“Title VII”). 

2. The employment practices alleged to be unlawful were 

committed within the jurisdiction of the United States District 

Court for the Eastern District of Michigan.

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. § 2000e5(f)(1) and (3).

4. At all relevant times, Defendant, Feldman Automotive, 

Inc. (the “Employer”), has continuously been a Michigan 

corporation doing business in the State of Michigan and the Cities 

of Highland, Lansing, Livonia, New Hudson, Novi, and Waterford,

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 

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commerce within the meaning of Sections 701(b), (g) and (h) of Title 

VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

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

lawsuit, Brandan Allen filed a charge with the Commission alleging 

violations of Title VII by Defendant Employer. All conditions 

precedent to the institution of this lawsuit have been fulfilled.

7. On or about April 27, 2013, Defendant Employer engaged 

in unlawful employment practices at its Livonia, Michigan facility, 

in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) 

as follows:

a. Allen applied to work for Defendant Employer as a 

car salesperson in or about April 2013.

b. On or about April 27, 2013, Defendant Employer 

failed to hire Allen because of his religious beliefs. 

8. The effect of the practices complained of in paragraph 7 

above has been to deprive Allen of equal employment opportunities 

and otherwise adversely affect his status as an applicant for 

employment, because of his religious beliefs.

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9. The unlawful employment practices complained of in 

paragraph 7 above were intentional.

10. The unlawful employment practices complained of in 

paragraph 7 above were done with malice or with reckless 

indifference to the federally protected rights of Allen.

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 failing 

to hire an applicant on the basis of religion.

B. ORDER Defendant Employer to institute and carry out

policies, practices, and programs which provide equal employment 

opportunities applicants regardless of their religion, and which 

eradicate the effects of its past and present unlawful employment 

practices. 

C. ORDER Defendant Employer to make Allen whole by

providing appropriate backpay with prejudgment interest, in 

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amounts to be determined at trial, and other affirmative relief 

necessary to eradicate the effects of its unlawful employment 

practices, including but not limited to the hiring of front pay for 

Allen.

D. ORDER Defendant Employer to make Allen whole by 

providing compensation for past and future pecuniary losses 

resulting from the unlawful employment practices described in 

paragraph 7 above, including but not limited to job search 

expenses, in amounts to be determined at trial.

E. ORDER Defendant Employer to make Allen whole by 

providing compensation for past and future nonpecuniary losses 

resulting from the unlawful practices complained of in paragraph 7 

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 Allen punitive 

damages for its malicious and reckless conduct described in 

paragraph 7 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.

EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION

Respectfully submitted,

P. DAVID LOPEZ

General Counsel

JAMES L. LEE

Deputy General Counsel

GWENDOLYN YOUNG REAMS 

Associate General Counsel

s/ Laurie Young 

LAURIE A. YOUNG

Regional Attorney

 

s/ Kenneth Bird 

KENNETH BIRD

Supervisory Trial Attorney

Dated: September 23, 2014 s/ Miles Shultz 

MILES SHULTZ (P73555)

Trial Attorney

DETROIT FIELD OFFICE

Patrick V. McNamara

477 Michigan Avenue, Room 865

Detroit, Michigan 48226

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Miles.Shultz@EEOC.GOV 

Tel. No. (313) 226-6217

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