IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

DONALD KAISER, : 

 Plaintiff : 

 : CIVIL ACTION 

 vs. :

 : No.

MBC COMMUNICATIONS, INC., : 

t/a WFMZ-TV, : JURY TRIAL DEMANDED 

 Defendant : 

COMPLAINT

1. The Plaintiff, Donald Kaiser, is an adult individual residing at 258 S. Penn Street, 

Pottstown, Montgomery County, Pennsylvania 19465. 

2. The Defendant, MBC Communications, Inc., is a business corporation and 

believed to be organized under the laws of the Commonwealth of Pennsylvania and trading as 

WFMZ-TV with offices at 301 E. Rock Road, Allentown, Lehigh County, Pennsylvania 18105. 

JURISDICTION

3. This Honorable Court has jurisdiction over this matter pursuant to 28 U.S.C. 

§1331 and §1343 and Title VII of the Civil Rights Act of 1964, as amended [“Title VII”], 42 

U.S.C. §2000(e) et seq. 

4. All conditions precedent to jurisdiction under Title VII have occurred or been 

complied with, to wit: Plaintiff filed a Charge of Employment Discrimination with the Equal 

Employment Opportunity Commission [“EEOC”] within 180 days of the unfair employment 

practices, EEOC issued a Notification of Right to Sue dated October 6, 2003, which Plaintiff 

received about October 9, 2003 and Plaintiff filed his Complaint within 90 days of receipt of 

Notification of Right to Sue. 

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5. Defendant is an employee within the meaning of Title VII in that Defendant is 

engaged in an industry that affects commerce and employs more than fifteen employees for such 

working day in each twenty or more calendar weeks in the current or preceding year. 

6. At all times herein relevant, Defendant significantly affected or controlled 

Plaintiff’s access to employment at Defendant’s place of business. 

7. In October of 2000, Defendant hired Plaintiff as an on-air reporter for Defendant 

WFMZ-TV, Channel 69 in Allentown, Lehigh County, Pennsylvania. 

8. At all times herein relevant, Plaintiff worked diligently and professionally with an 

excellent work performance and attendance record. 

9. At all times herein relevant, Plaintiff’s employment contract with Defendant 

contained a non-compete clause prohibiting employees from working within an 85-mile zone 

under certain circumstances. 

10. At all times herein relevant, Defendant knowingly, intentionally, purposefully 

allowed female employees an exclusion from Defendant’s non-compete clause, thus allowing 

Defendant’s female reporters to obtain alternate employment within the 85 mile zone. 

11. On October 8, 2002, Plaintiff voluntarily left his employment with Defendant. 

12. At the time aforesaid, Defendant knowingly, intentionally, purposefully refused to 

allow male Plaintiff the same exclusion form Defendant’s non-compete clause that Defendant 

allowed to female employees. 

13. As a direct and proximate result of Defendant’s aforesaid invidious discrimination 

based upon gender, Plaintiff suffered loss of job opportunities in the Philadelphia media market. 

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 14. As a direct and proximate result of Defendant’s invidiously discriminatory 

actions, as aforesaid, Plaintiff has suffered damages due to loss of future income, benefits, 

commissions, earnings and earnings capacity. 

 15. As a direct and proximate result of Defendant’s invidiously discriminatory 

actions, as aforesaid, Plaintiff suffered mental anxiety, anguish, distress, humiliation and 

sleeplessness for which damages are claimed. 

 16. Defendant’s aforesaid actions were outrageous, egregious, malicious, intentional, 

willful, wanton and in reckless disregard of Plaintiff’s rights entitling Plaintiff to punitive 

damages. 

 WHEREFORE, Plaintiff demands: 1) judgment against Defendant in excess of SeventyFive Thousand ($75,000.00) Dollars, together with interest, costs of suit and reasonable attorney 

fees; and 2) an order precluding Defendant from enforcing its non-compete clause against 

Plaintiff in an invidiously discriminatory manner. 

 Orloski, Hinga, Pandaleon & Orloski 

 

 Richard J. Orloski 

 Attorney for Plaintiff 

 Attorney ID No. 09857 

 111 N. Cedar Crest Blvd. 

 Allentown, PA 18104 

 610-433-2363 

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