\20226V2052\CH303929,DOC-1

ANSWER: Defendant admits that Plaintiff is an adult individual and that the last

address given by Plaintiff to Defendant as to her residence is as stated, except for her zip code,

which she stated to be 18 103. Defendant is without knowledge or information sufficient to form

a belief as to the truth of the remaining allegation(s) of this paragraph.

2. The Defendant, Kraft Foods, Inc., is a business corporation believed to be

organized under the laws of the Commonwealth of Pennsylvania with offices at 7352 Industrial

Boulevard, Allentown, Lehigh County, Pennsylvania 18 106.

ANSWER: Defendant admits that it operates a plant at the location specified. Except

as specifically admitted, Defendant denies the allegations of this paragraph.

 Street, Allentown, Lehigh County, Pennsylvania 18 109.

02-4424

Judge Surrick

DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT

Defendant, Kraft Foods North America, Inc. (“Defendant”), answers Plaintiffs

Complaint as follows:

1. The Plaintiff, Annette Johnson, is an adult individual residing at 401 North

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANNETTE JOHNSON,

Plaintiff,

V.

KRAFT FOODS, INC.,

Defendant.

No. 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 1 of 11
2000e(b).

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

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

6

12,2002. Except as

specifically admitted, Defendant denies the allegations of this paragraph.

5. Defendant is an employer within the meaning of Title VII in that it is engaged in

an industry that affects commerce and employs more than fifteen employees for such [sic]

working day in each twenty [sic] or more calendar weeks in the current or preceding calendar

year.

ANSWER: Defendant admits that it is an “employer” within the meaning of 42 U.S.C.

9,2002, as to Plaintiffs allegations of discrimination; and that

Plaintiff filed this suit within ninety days of her receipt of that Notice. Defendant is without

knowledge or information sufficient to form a belief as to the truth of Plaintiffs allegation that

she received the Dismissal and Notice of Rights on or about May 

12,2002; Plaintiff is filing a Complaint within 90

days of receipt of the Notification of the Right to Sue.

ANSWER: Defendant admits that Plaintiff filed a Charge of Discrimination with the

EEOC within 180 days of the date on which certain of Plaintiffs allegations of discrimination

are alleged to have occurred; that the EEOC issued a no-probable-cause finding and Dismissal

and Notice of Rights dated May 

9,2002, was

received from the E.E.O.C. on or about May 

5(f) have

occurred or been complied with, to wit, Plaintiff tiled a charge of employment discrimination

with the Equal Employment Opportunity Commission [hereinafter “E.E.O.C.“], within 180 days

of the unfair employment practice; a Notification of Right to Sue dated May 

$2000(e) -

$2000(e) et seq.

ANSWER: Defendant denies the allegations of this paragraph.

4. All conditions precedent to jurisdiction under 42 U.S.C. 

3. This Honorable Court has jurisdiction over this matter pursuant to Title III of the

Civil Rights Act of 1964, as amended [Title VII], 42 U.S.C. 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 2 of 11
l- 8.

10. Plaintiff is African American.

ANSWER: Defendant admits the allegations of this paragraph.

11. On November 24, 1998, Defendant terminated Plaintiff allegedly due to

Plaintiffs race.

ANSWER: Defendant denies the allegations of this paragraph, except it admits that on

November 24, 1998, it terminated Plaintiffs employment.

ANSWER: Defendant does not understand what Plaintiff means by this allegation and

is therefore unable to either admit or deny it.

7. During 1987, Defendant hired Plaintiff to work as a security guard at Defendant’s

aforesaid premises.

ANSWER: Defendant admits that it hired plaintiff in 1987. Except as specifically

admitted, Defendant denies the allegations of this paragraph.

8. At all times herein relevant, Plaintiff maintained an excellent work and

performance record while serving Defendant diligently and professionally.

ANSWER: Defendant denies the allegations of this paragraph.

COUNT ONE

9. The allegations of Paragraph 1 though 8 and incorporated herein as if fully set

forth at length.

ANSWER: Defendant incorporates by reference its answers to paragraphs 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 3 of 11
($75,000.00)

Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

12. On about January 20, 1999, Plaintiff filed a Charge of Discrimination against

Defendant with the E.E.O.C., due to Defendant’s alleged racial discrimination against Plaintiff.

ANSWER: Defendant admits that on or about January 20, 1999, Plaintiff filed a

Charge of Discrimination with the EEOC alleging race discrimination. Except as specifically

admitted, Defendant denies the allegations of this paragraph.

13. Thereafter, Defendant returned Plaintiff to Plaintiffs employment position with

Defendant.

ANSWER: Defendant admits that it returned Plaintiff to her employment position

with Defendant. Except as specifically admitted, Defendant denies the allegations of this

paragraph.

14. At all relevant times, Plaintiff continued to work diligently and professionally for

Defendant during almost fourteen years of service.

ANSWER: Defendant denies the allegations of this paragraph.

15. On about August 17,200 1, Defendant intentionally, arbitrarily, and capriciously

again terminated Plaintiffs employment due to animus against her based upon race and/or in

retaliation for her tiling and E.E.O.C. charge against Defendant.

ANSWER: Defendant denies the allegations of this paragraph, except it admits that it

terminated Plaintiffs employment on August 17,200 1.

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

retaliatory actions, as aforesaid, Plaintiff has suffered damages due to loss of past income,

benefits and commissions, and earning in excess of Seventy-Five Thousand 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 4 of 11
($75,000.00) Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

COUNT TWO

21. The allegations of Paragraphs 1 through 20 inclusive are hereby incorporated as if

fully set forth at length.

ANSWER: Defendant incorporates by reference its answers to paragraphs l-20.

22. Plaintiff is female.

ANSWER: Defendant admits the allegations of this paragraph.

($75,000.00) Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

19. Plaintiff seeks reinstatement to Plaintiffs former or a comparable position

together with back pay, compensatory, and other damages set forth herein.

ANSWER: Defendant admits that Plaintiff may be seeking the relief identified, but

denies that Plaintiff is entitled to such relief.

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

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

damaged in excess of Seventy-Five Thousand 

($75,000.00) Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

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

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

sleeplessness, which damages exceed Seventy-Five Thousand 

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

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

benefits, commissions, earnings and earnings capacity in excess of Seventy-Five Thousand

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 5 of 11
($75,000.00) Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

27. Plaintiff seeks reinstatement to Plaintiffs former or a comparable position

together with back pay, compensatory, and other damages set forth herein.

ANSWER: Defendant admits that Plaintiff may be seeking the relief identified, but

denies that Plaintiff is entitled to such relief.

($75,000.00)

Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

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

retaliatory actions, as aforesaid, Plaintiff has suffered mental anxiety, anguish, humiliation and

sleeplessness which damages exceed Seventy-Five 

($75,000.00)

Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

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

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

benefits, commissions, earnings and earnings capacity in excess of Seventy-Five 

23. On about August 17, 200 1, Defendant intentionally, arbitrarily and capriciously

terminated Plaintiff due to animus against her based upon her gender and/or in retaliation for

Plaintiffs filing an E.E.O.C. Charge against Defendant.

ANSWER: Defendant denies the allegations of this paragraph, except it admits that it

terminated Plaintiffs employment on August 17, 200 1.

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

retaliatory actions, as aforesaid, Plaintiff has suffered damages due to loss of past income,

benefits and commissions, and earnings in excess of Seventy-Five Thousand 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 6 of 11
- 28.

30. On about August 17,200 1, Defendant intentionally, arbitrarily, and capriciously

terminated Plaintiffs employment, in violation of Title VII, as set forth herein.

ANSWER: Defendant denies the allegations of this paragraph except it admits that it

terminated Plaintiffs employment on August 17,200 1.

31. At all times herein relevant, the terms and conditions of Plaintiffs employment

entitled Plaintiff to a severance package upon her termination of employment with Defendant.

ANSWER: Defendant denies the allegations of this paragraph.

32. After Defendant’s termination of employment [sic], Defendant intentionally,

arbitrarily, capriciously, and retaliatory refused to pay Plaintiff her accrued severance unless

Plaintiff signed a release waiving her right to file with the E.E.O.C. charges against Defendant.

ANSWER: Defendant denies the allegations of this paragraph.

33. Defendant’s intentional, discriminatory, and retaliatory denial of Plaintiffs

accrued severance pay without a Release violates Title VII.

ANSWER: Defendant denies the allegations of this paragraph.

($75,000.00) Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

COUNT THREE

29. The allegations of Paragraphs 1 through 28 inclusive are incorporated herein as if

fully set forth at length.

ANSWER: Defendant incorporates by references its answers to paragraph 1 

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

willful, wanton and in reckless disregarding of Plaintiffs rights, entitling Plaintiff to punitive

damages in excess of Seventy-Five Thousand 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 7 of 11
($75,000.00) Dollars.

ANSWER: Defendant denies the allegations of this paragraph.

37. As a matter of law, a Defendant cannot deny a plaintiff his/her accrued severance

package because the employee is refusing to sign a Release of her federal civil rights protection.

ANSWER: Defendant denies the allegations of this paragraph.

AFFIRMATIVE AND/OR ADDITIONAL DEFENSES

First Defense

Plaintiffs Complaint fails to state a claim upon which relief can be granted.

Second Defense

Plaintiffs claim is barred, in whole or in part, by the applicable limitations period(s).

Third Defense

Plaintiff has not satisfied the statutory and administrative prerequisites to bringing suit.

34.

damages in excess of Seventy-Five Thousand 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 8 of 11
of% Attorneys ,’

, 2002

One 

ZQ

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 9 of 11
& Bubba, P.C.

400 1 Schoolhouse Lane

P.O. Box 219

Center Valley, PA 18034-02 19

61 o-797-9000

61 O-797-6663 [fax]

& Hardies

150 N. Michigan Avenue, Suite 2500

Chicago, Illinois 60601-7567

312-558-1000

3 12-750-8600 [fax]

Nancy Conrad

Fitzpatrick Lenz 

Timothy C. Klenk

Christian M. Poland

Ross 

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 10 of 11
/ p Christian M. Poland

& Orloski

111 N. Cedar Crest Blvd.

Allentown. PA 18 104

%&, 2002:

Richard J. Orloski

Orloski, Hinga, Pandaleon 

Plaint@‘s

Complaint to be served upon the following individual by first class mail, postage prepaid, on

August

I, Christian Poland, certify that I caused the foregoing Defendant’s Answer to 

CERTIFICATE OF SERVICE

Case 2:02-cv-04424-RBS Document 5 Filed 08/23/2002 Page 11 of 11