IN THE UNITED STATES DISTRICT COURT 

NORHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

REAHNA BURGIN, ) 

 ) 

 Plaintiff ) Cause No.: 2:16-cv-175 

 ) 

vs. ) 

 ) 

WINDSOR FASHIONS, INC., ) 

 ) 

 Defendant ) 

COMPLAINT FOR DAMAGES AND REQUEST FOR JURY TRIAL 

 Plaintiff, by counsel, and as her Complaint for Damages against Defendant, states as 

follows: 

PARTIES, JURISDICTION AND VENUE

 1. Plaintiff, Reahna Burgin, is a resident of Lake County in the State of Indiana and 

former employee of Defendant. 

 2. Defendant, Windsor Fashions, Inc. (hereinafter "Windsor"), is a corporation doing 

business in the State of Indiana and an employer as defined by 42 U.S.C. § 2000e(b). 

 3. Ms. Burgin filed a Charge of Discrimination (Charge 470-2015-02984) with the Equal 

Employment Opportunity Commission ("EEOC") on or about September 11, 2015 alleging, inter 

alia, that Defendant had violated Title VII of the Civil Rights Act of 1964, as amended, 42 

U.S.C. § 2000e et seq. 

 4. The Equal Employment Opportunity Commission issued to Ms. Burgin a 90-day 

Right to Sue letter. 

 5. Ms. Burgin invokes this Court’s federal question jurisdiction pursuant to 28 U.S.C. §§ 

1331 and 1343(a). 

USDC IN/ND case 2:16-cv-00175-PPS-PRC document 1 filed 05/18/16 page 1 of 5
 6. Venue in this Court is proper pursuant to 28 U.S.C. § 1391. 

GENERAL FACTS & SPECIFIC ALLEGATIONS

 7. Plaintiff is an African-American female who was employed as a co-store manager for 

Defendant, and had been since December 2014. 

 8. Ms. Burgin was the only African-American management employee at the store where 

she worked, whereas all other management employees were Hispanic. 

 9. In 2015, Ms. Burgin was assigned a new district manager who was also Hispanic and 

Plaintiff began to receive write-ups for things that Hispanic employees would not be written up 

for. 

 10. Ms. Burgin's hours were subsequently cut; she was subjected to comments related to 

her race; and she was told she was an inconvenience due to the fact that she was a mother raising 

a child. 

 11. In May 2015, Plaintiff complained to management that she was being discriminated 

against. 

 12. On or about June 27, 2015, following the Plaintiff's complaints of discrimination, her 

district manager terminated the Plaintiff for allegedly violating the attendance policy. 

Count I 

 13. Plaintiff incorporates by reference Paragraphs one (1) through twelve (12) above. 

 14. Defendant discriminated against Ms. Burgin on the basis of her sex when it 

terminated her employment. 

 15. Ms. Burgin’s gender was the motivating factor in Defendant’s decision to terminate 

her employment. 

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 16. These actions violated Ms. Burgin’s rights and were in violation of Title VII of the 

Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. 

 17. As a result of the foregoing, Ms. Burgin has sustained damages including, but not 

limited to, lost wages and benefits, emotional suffering, anguish, embarrassment and humiliation. 

 18. As a result of Defendant’s actions, Ms. Burgin has incurred attorney fees and costs. 

 19. Defendant’s actions were done with malice or willful reckless disregard to Ms. 

Burgin’s rights. 

 WHEREFORE, Plaintiff prays for judgment against Defendant, an award of damages 

sufficient to compensate Plaintiff for her injuries, including lost pay and benefits, compensatory 

damages, and for an award of Plaintiff’s attorney fees and costs incurred herein, and for all other 

appropriate relief. 

Count II 

 20. Plaintiff incorporates by reference Paragraphs one (1) through nineteen (19) above. 

 21. Defendant discriminated against Ms. Burgin on the basis of her race when it 

terminated her employment. 

 22. Defendant was subjected to negative comments about her race and treated less 

favorably than non-African-American employees. 

23. Ms. Burgin’s race was the motivating factor in Defendant’s decision to terminate her 

employment. 

 24. These actions violated Ms. Burgin’s rights and were in violation of Title VII of the 

Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. 

 25. As a result of the foregoing, Ms. Burgin has sustained damages including, but not 

limited to, lost wages and benefits, emotional suffering, anguish, embarrassment and humiliation. 

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 26. As a result of Defendant’s actions, Ms. Burgin has incurred attorney fees and costs. 

 27. Defendant’s actions were done with malice or willful reckless disregard to Ms. 

Burgin’s rights. 

 WHEREFORE, Plaintiff prays for judgment against Defendant, an award of damages 

sufficient to compensate Plaintiff for her injuries, including lost pay and benefits, compensatory 

damages, and for an award of Plaintiff’s attorney fees and costs incurred herein, and for all other 

appropriate relief. 

Count III 

 28. Plaintiff incorporates by reference Paragraphs one (1) through twenty-seven (27) 

above. 

29. Plaintiff exercised her statutorily protected right by complaining to management that 

she was being discriminated against. 

30. Because Plaintiff complained of discrimination, Defendant's district manager 

terminated Plaintiff's employment. 

31. Defendant’s termination of Plaintiff's employment was motivated by, and in 

retaliation for, Plaintiff's complaints of discrimination. 

PRAYER FOR RELIEF

 WHEREFORE, Plaintiff prays for judgment against Defendant, for an award of unpaid 

wages, liquidated damages, back pay, compensatory damages, punitive damages, prejudgment 

interest, reasonable attorney fees, costs and all other appropriate relief. 

 

 Respectfully submitted, 

USDC IN/ND case 2:16-cv-00175-PPS-PRC document 1 filed 05/18/16 page 4 of 5
 HENN HAWORTH CUMMINGS 

 /s/ Paul J. Cummings

 David M. Henn, 18002-49 

 Paul J. Cummings, 22714-41 

 

REQUEST FOR JURY TRIAL

 Plaintiff, by counsel, respectfully requests this cause be tried by jury. 

 Respectfully submitted, 

 HENN HAWORTH CUMMINGS 

 /s/ Paul J. Cummings

 David M. Henn, 18002-49 

 Paul J. Cummings, 22713-41 

HENN HAWORTH CUMMINGS 

625 North Madison Avenue, Suite A 

Greenwood, IN 46143 

(317) 885-0041; 

(888) 308-6503 Fax

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