UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

Plaintiff, Case No. 

vs. Honorable 

CROOKED CREEK INVESTMENT COMPANY

d/b/a Crooked Creek & Creekside Bar & Grille,

COMPLAINT

Defendant.

AND JURY DEMAND

________________________________________/

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 an unlawful employment practice on 

the basis of pregnancy and to provide appropriate relief to Arin Kline who was 

adversely affected by this practice. The Equal Employment Opportunity 

Commission (the “Commission”) alleges that Defendant, Crooked Creek 

Investment Company d/b/a Crooked Creek & Creekside Bar & Grille, 

discriminated against Kline on the basis of her sex by refusing to hire her as a 

food server because she was pregnant at the time of her application.

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 Sections 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as 

JURISDICTION AND VENUE

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amended, 42 U.S.C. § 2000e-5(f)(1) and (3) (“Title VII”) and pursuant to Section 

102 of the Civil Rights Act of 1991, 42 U.S.C. ' 1981a. 

2. The employment practice alleged to be unlawful was committed

within the jurisdiction of the United States District Court, Eastern District of 

Michigan, Northern Division. 

3. Plaintiff, the Equal Employment Opportunity Commission (the

PARTIES

“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 Employer (“the Employer”) has

Continuously been doing business in the state of Michigan and the city of

Saginaw, and has continuously had at least fifteen (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).

6. More than thirty (30) days prior to the institution of this lawsuit,

ADMINISTRATIVE PROCEDURES

Kline filed a charge with the Commission alleging violations of Title VII by 

Defendant Employer.

7. On August 29, 2014, the Commission issued to Defendant 

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Employer a Letter of Determination finding reasonable cause to believe that 

Title VII was violated and inviting Defendant to join with the Commission in 

informal methods of conciliation to endeavor to eliminate the unlawful 

employment practices and provide appropriate relief. 

8. On September 16, 2014, the Commission issued to Defendant 

Employer a Notice of Failure of Conciliation advising Defendant that the 

Commission was unable to secure from Defendant a conciliation agreement 

acceptable to the Commission. 

9. All conditions precedent to the institution of this lawsuit have been 

fulfilled. 

10. On or about February 20, 2013, Defendant Employer engaged in 

an unlawful employment practice in violation of Section 701 of the Civil Rights 

Act of 1964, 42 U.S.C. § 2000e-2(a)(1), by discriminating against Kline on the 

basis of her sex by refusing to hire her as a food server because she was 

pregnant at the time of her application.

STATEMENT OF CLAIMS

11. The effect of the conduct complained of in paragraph 10 has been 

to deprive Kline of equal employment opportunities and otherwise adversely 

affect her status as an employee.

12. The unlawful employment practice complained of in paragraph 10 

was intentional.

13. The unlawful employment practice complained of in paragraph 10 

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was done with malice or with reckless indifference to the federally protected 

rights of Kline.

Wherefore, the Commission respectfully requests that this Court:

PRAYER FOR RELIEF

A. GRANT a permanent injunction enjoining Defendant Employer, its

officers, successors, assigns, and all persons in active concert or participation 

with it, from engaging in sex discrimination and in particular discrimination 

based on pregnancy by refusing to hire pregnant applicants.

B. ORDER Defendant Employer to institute and carry out policies,

practices, and programs which provide equal employment opportunities for all 

of its job applicants, including pregnant applicants, and which eradicate the 

effects of its past and present unlawful employment practices.

C. ORDER Defendant Employer to make whole Kline by providing 

appropriate back pay with prejudgment interest, in amounts to be determined 

at trial.

D. ORDER Defendant to make whole Kline by providing compensation 

for any past and future non-pecuniary losses resulting from the unlawful 

practice complained of in paragraph 10, including emotional pain, suffering, 

inconvenience, loss of enjoyment of life, and humiliation, in amounts to be 

determined at trial.

E. ORDER Defendant Employer to pay punitive damages for its

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malicious or reckless conduct described in paragraph 10 in amounts to be 

proven at trial.

F. GRANT such further relief as the Court deems necessary and

proper in the public interest.

G. AWARD the Commission its costs for this action.

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The Commission requests a jury trial on all questions of fact raised by its 

Complaint.

JURY TRIAL DEMAND

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Respectfully submitted,

 

s/Omar Weaver 

Senior Trial Attorney

 

OMAR WEAVER (P58861)

DETROIT FIELD OFFICE

Patrick V. McNamara

477 Michigan Avenue, Room 865

Detroit, Michigan 48226

omar.weaver@eeoc.gov 

Dated: November 4, 2014 (313) 226-3407

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