KERRY M. L. SMITH, OSB #881033

SMITH & FJELSTAD

722 N. Main Ave.

Gresham, Oregon 97030

Telephone: (503)669-2242

Facsimile: (503)669-2249

smithandfjelstad@frontier.com

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

ADRIAN ALANIZ,

Plaintiffs,

v.

OREGON STATE HOSPITAL,

Defendant.

 Civ. No.

 COMPLAINT

 (National Origin and Race Discrimination 

 and Retaliation-Title VII)

 JURY TRIAL DEMANDED

NATURE OF ACTION

1. This is an action under Title VII of the Civil Rights Act of 1964 as amended by Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race

and/or national origin, to vindicate the rights of plaintiffs and other similarly situated persons to

fair treatment and equal opportunities and to make the plaintiffs whole. Plaintiff was, or

PAGE 1 - COMPLAINT

SMITH & FJELSTAD

722 N. Main Ave.

Gresham, Oregon 97030

Telephone: (503) 669-2242 \ Facsimile: (503) 669-2249

Case 3:14-cv-01197-JE Document 1 Filed 07/26/14 Page 1 of 6
reasonably believed he was, subjected to a hostile environment based on race or national origin

while employed with defendant. After complaining of the the hostile environment, defendant

terminated his employment.

JURISDICTION AND VENUE

2. This court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331. Venue is

proper under 28 U.S.C. § 1391 because the claims arose in the District of Oregon and because

plaintiff was, at all material times, a resident of the State of Oregon. 

3. The employment practices that plaintiffs allege were committed in the District of

Oregon.

PARTIES

4. Mr. Alaniz is a citizen of the United States and the State of Oregon. Defendant, at all

material times, employed Mr. Alaniz. Mr. Alaniz is Hispanic.

5. Defendant is an agency of the State of Oregon and was, at all material times Mr.

Alaniz’s employer. Defendant was and is an “employer” as that term is defined under Title VII,

42 U.S.C. § 2000e et seq. Defendant continuously has had and does now have more than 500

employees.

PROCEDURAL REQUIREMENTS

6. Plaintiffs filed claims with the EEOC on or about August 19, 2013. EEOC supplied

plaintiff with a right to sue notice. Plaintiff has filed these claims within 90 days from the date

on which he received the right to sue notice. Plaintiff’s EEOC complaint encompassed the types

of claims now asserted in this lawsuit.

PAGE 2 - COMPLAINT

SMITH & FJELSTAD

722 N. Main Ave.

Gresham, Oregon 97030

Telephone: (503) 669-2242 \ Facsimile: (503) 669-2249

Case 3:14-cv-01197-JE Document 1 Filed 07/26/14 Page 2 of 6
STATEMENT OF FACTS

7. Plaintiff began his employment with defendant as a Transportation Mental Health Aid

in or around October 2009. Plaintiff always performed his job duties with defendant in a

satisfactory manner.

8. Mr. Alaniz was subject to a discriminatory and harassing work environment in that he

and other Hispanics were referred to in racially derogatory terms. After Mr. Alaniz complained

about the discriminatory and harassing work environment he was subjected to retaliatory

behavior.

9. On or about December 27, 2012, a Caucasian employee who was one of the subjects

of Mr. Alaniz’s prior complaints assaulted Mr. Alaniz during work hours. Defendant was aware

of the assault but did not discipline the employee pursuant to defendant’s policies agains work

place violence.

10. On or about April 9, 2013, defendant terminated Mr. Alaniz allegedly for patient

abuse. Mr. Alaniz did not engage in patient abuse. Alternatively, if Mr. Alaniz did engage in

patient abuse, other similarly situated employees who are/were not Hispanic were not terminated

for engaging in the same or similar behavior.

11. During the time period that defendant investigated the alleged patient abuse,

defendant reassigned him to a position to which other similarly situated non-Hispanic employees

were not assigned during similar investigations regarding their conduct.

FIRST CLAIM FOR RELIEF

(Title VII Gender Discrimination - 42 U.S.C. §2000e et seq.)

12. Plaintiffs incorporate the allegations in paragraphs 1 through 11.

PAGE 3 - COMPLAINT

SMITH & FJELSTAD

722 N. Main Ave.

Gresham, Oregon 97030

Telephone: (503) 669-2242 \ Facsimile: (503) 669-2249

Case 3:14-cv-01197-JE Document 1 Filed 07/26/14 Page 3 of 6
13. Defendants actions constituted unlawful employment practices in violation of Title

VII including, but not limited to, subjecting plaintiff to a hostile and discriminatory work

environment based on his race and/or national origin.

14. The effect of defendant’s employment practices as alleged was to deprive plaintiff of

equal employment opportunities and otherwise adversely affected his status as an employee. 

Plaintiff suffered, and continues to suffer, severe emotional harm as a result of defendant’s

actions. Plaintiff is entitled to recover for their non-economic damages in an amount to be

determined at trial.

15. Plaintiff, as a result of defendant’s actions, lost wages in an amount to be determined

at trial.

16. Defendant’s acts were part of a pattern and practice of discrimination and the court

should enter an injunction prohibiting such conduct in the future.

17. Plaintiff is entitled to recover his reasonable attorney fees, expert witness expenses

and litigation costs pursuant to 42 U.S.C. § 2000e-5(k).

SECOND CLAIM FOR RELIEF

(Retaliation - 42 U.S.C. § 2000e et seq.)

18. Plaintiff incorporates paragraphs 1 through 11.

19. A motivating factor in the decision to terminate Mr. Alaniz from his employment

with defendant and treat him negatively during the investigation was the fact that he had

previously complained about a discriminatory and/or hostile work environment based on his race

and/or national origin.

PAGE 4 - COMPLAINT

SMITH & FJELSTAD

722 N. Main Ave.

Gresham, Oregon 97030

Telephone: (503) 669-2242 \ Facsimile: (503) 669-2249

Case 3:14-cv-01197-JE Document 1 Filed 07/26/14 Page 4 of 6
20. As a result of defendant’s actions, plaintiff seeks the damages alleged in paragraphs

14 through 16.

21. Plaintiff is entitled to recover his attorney fees, expert witness expenses and litigation

costs as alleged in paragraph 17.

PRAYER FOR RELIEF

WHEREFORE, plaintiffs request that the court:

1. Assume jurisdiction over each of these causes of action set forth above.

2. Grant a permanent injunction enjoining defendant, its management personnel,

employees, agents, successors and assigns, and all persons in active concert or participationn

with defendant, from engaging in any employment practices that discriminates on the basis of

national origin, race and/or retaliates against persons who complain of discriminatory practices in

the workplace.

3. Order defendant to institute and carry out policies, practices and programs providing

for equal employment opportunities to Hispanic employees who complain about discriminatory

practices and that affirmatively eradicate the effects of past and present unlawful employment

practices.

4. Order defendant to make plaintiff whole by compensating him for past and future

pecuniary losses, including out of pocket expenses, lost past earnings and benefits of

employment, all in such amounts as are determined at trial.

5. Order defendant to make plaintiff whole by providing compensation for nonpecuniary

losses, including physical and emotional pain and suffering, mental anguish, humiliation and

embarrassment, and loss of enjoyment of life in amounts to be determined at trial.

PAGE 5 - COMPLAINT

SMITH & FJELSTAD

722 N. Main Ave.

Gresham, Oregon 97030

Telephone: (503) 669-2242 \ Facsimile: (503) 669-2249

Case 3:14-cv-01197-JE Document 1 Filed 07/26/14 Page 5 of 6
6. Award plaintiff his litigation costs and his reasonable attorney fees and expert witness

expenses.

7. Order defendant to pay prejudgment and postjudgment interest on all amounts due to

plaintiff as a result of this action.

9. Order such further or alternative relief in favor of plaintiff as the court deems just,

equitable and appropriate.

JURY TRIAL DEMAND

Plaintiff demands a jury trial on all questions of fact or combined questions of law and

fact raised by this complaint.

Dated: July 26, 2014.

SMITH & FJELSTAD

By: /s/ Kerry M. L. Smith 

 Kerry M. L. Smith

 OSB NO. 881033

 Of Attorneys for Plaintiffs

PAGE 6 - COMPLAINT

SMITH & FJELSTAD

722 N. Main Ave.

Gresham, Oregon 97030

Telephone: (503) 669-2242 \ Facsimile: (503) 669-2249

Case 3:14-cv-01197-JE Document 1 Filed 07/26/14 Page 6 of 6