IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

________________________________________________________________________ 

KIMBERLY McLAUGHLIN : 

241 Leon Avenue, : 

Norwood, Pennsylvania 19074 : CIVIL ACTION 

 : 

 Plaintiff, : 

 : 

 v. : 

 : 

PHILADELPHIA PHILLIES : 

a/k/a THE PHILLIES : 

One Citizens Bank Way : 

Philadelphia, Pennsylvania 19148-5249 : JURY TRIAL DEMANDED 

 : 

 Defendant. : 

______________________________________________________________________ 

CIVIL ACTION COMPLAINT

 1. Plaintiff Kimberly McLaughlin files this complaint against the 

 Philadelphia Phillies seeking to recover damages for employment 

 discrimination and sexual harassment in violation of title VII of the Civil 

 Rights Act of 1964 as amended by the Civil Rights Act of 1991. 

2. This court has jurisdiction over this action under 28 U.S.C. § 1331

3. This action properly lies in the Eastern District of Pennsylvania pursuant 

 to 28 U.S.C. § 1391(b)(1) and (2) in that Defendant resides in this judicial 

 district and a substantial portion of events or omissions giving rise to this 

 claim occurred in this judicial district. 

4. Plaintiff Kimberly McLaughlin is an adult citizen of Pennsylvania who 

 resides at 241 Leon Avenue, Norwood, Pennsylvania 19074. 

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MCLAUGHLIN v. PHILADELPHIA PHILLIES Doc. 1

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 5. Defendant Philadelphia Phillies is a Pennsylvania corporation 

 with an agent for service of process at Citizen's Bank Park, One Citizens 

 Bank Way, Philadelphia, Pennsylvania 19148. 

6. At all relevant times hereto, Plaintiff Kim McLaughlin was employed by 

 the Defendant Philadelphia Phillies as an usher to work at baseball games 

 in Veteran's Stadium in Philadelphia. 

 7. In and about September 2003 Defendant Philadelphia Phillies subjected 

 Plaintiff Kimberly McLaughlin to severe, pervasive and unwelcome 

 sexual harassment by an agent of Defendant, who worked as a security 

 officer at Veteran's Stadium (hereinafter the "security officer"). 

 8. The security officer was an agent of Defendant and was at all times 

 relevant hereto employed by Defendant, and acting within the scope and 

 course of his employment, and was under the control and supervision of 

 Defendant. 

 9. The full name of the security officer is unknown to Plaintiff because 

 Defendant has refused to identify him. 

 10. The security officer made unwanted and unwelcome sexual 

 advances, unwanted and unwelcome sexual touching and unwanted and 

 unwelcome verbal sexual advances directed at Plaintiff. 

 11. Plaintiff informed the security officer that such sexual behavior 

 was unwanted and unwelcome and that the behavior must stop. 

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 12. Plaintiff informed Defendant of the unwanted and unwelcome sexual 

 behavior being committed by the security officer, and Plaintiff used the 

 procedures and mechanisms to file complaints and grievances that were 

 made available by Defendant. 

 13. Defendant failed to properly investigate Plaintiff's complaints or take the 

 appropriate actions to stop the sexual harassment by allowing the security 

 officer to continue in his employment in or around Plaintiff's location of 

 employment, thereby allowing the harassment to continue. 

 14. At the time that the security office started to sexually harass Plaintiff, 

 Plaintiff was eighteen years of age and the security officer was 

 approximately 50 years old. 

 15. Plaintiff's work environment became so intimidating, hostile and offensive 

 that Plaintiff was forced out of her employment. 

 16. Plaintiff suffered emotional distress as a result of the sexual harassment. 

 17. The severity of Plaintiff's emotional distress was multiplied by the fact 

 that at the time of the harassment, Plaintiff's mother was a long term 

 employee of Defendant, and worked at or near Plaintiff's location; 

 accordingly Plaintiff suffered the additional emotional stress created by 

 being sexually harassed at work while her mother witnessed the 

 circumstances surrounding the harassment, including the actions and 

 omissions of the Defendant that permitted the harassment, even after 

 Plaintiff complained to Defendant about the harassment. 

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 18. Plaintiff has incurred damages in the form of past lost earnings, future lost 

 earnings, and emotional distress. 

 19. As a result of Defendant's unlawful action, Plaintiff filed charges with the 

 U.S. Equal Opportunity Commission ("EEOC") in March 2004. A copy 

 of letter from the EEOC to Plaintiff of March 25, 2004 acknowledging 

 Plaintiffs charges against Defendant is attached hereto and marked as 

 "Exhibit 1". 

 20. On October 4, 2004, Plaintiff received a right to sue letter from the 

 EEOC. A copy of the EEOC right to sue letter of September 30, 2003 to 

 Plaintiff is attached hereto and marked as Exhibit "2". 

 21. As demonstrated by these documents, all administrative prerequisites to 

 the filing of this suit have been met. 

 22. Defendant knew, or had reason to know, or should have known that the 

 security officer was sexually harassing or was likely to sexual harass 

 Plaintiff and/or other employees of Defendant. 

 23. The actions of Defendant in relation to Plaintiff have been unlawful and 

 outrageous, and as such Defendant should be held liable to Plaintiff for 

 compensatory, actual and punitive damages, as well as reasonable 

 attorney's fees and costs. 

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 24. Accordingly, Plaintiff should be awarded compensatory, actual and 

 punitive damages, as well as reasonable attorney's fees and costs. 

 

WHEREFORE, Plaintiff Kimberly McLaughlin prays for an award of 

compensatory, actual and punitive damages against Defendant Philadelphia Phillies to be 

determined by a jury, including all reasonable attorney's fees and costs of this action 

incurred by Plaintiff. 

 RESPECTFULLY SUBMITTED, 

Date: ____________________________ 

 Michael R. Luongo 

 Attorney for Plaintiff 

 Kimberly McLaughlin 

 

 325 Chestnut Street 

 Suite 1108 

 Philadelphia, PA 19106 

 215-829-0868 

 Fax (215)-829-1141 

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