Shelley Latin, OSB No. 032253

shelley.latin@lasoregon.org

Legal Aid Services of Oregon

P.O. Box 1327

Pendleton, OR 97801

Telephone: (541) 276-6685

Facsimile: (541) 276-4549

Laurie Hoefer, OSB No. 054234

laurie.hoefer@lasoregon.org

Legal Aid Services of Oregon

397 N. First Street

Woodburn, OR 97071

Telephone: 503-981-5291

Fascimile: 503-981-5292

Of Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

CRISELDA ROMERO-MANZANO,

Plaintiff,

vs.

CARLTON NURSERY COMPANY, LLC

Defendant.

 Civil No.

 COMPLAINT

 Employment Discrimination

 Demand for Jury Trial

I. JURISDICTION

1. This Court has jurisdiction over actions brought under Title VII pursuant to 42 U.S.C.

§ 2000e-5(f)(3).

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2. This Court additionally has original subject matter jurisdiction over this action

pursuant to 28 U.S.C. § 1331, as it arises under the laws of the United States and pursuant to 28

U.S.C. § 1343(a)(4) as it arises under an Act of Congress providing for the protection of civil

rights. 

3. Pursuant to 28 U.S.C. § 1367, this Court has supplemental jurisdiction over plaintiff’s

state law claim, as it is so related to the claim within the Court’s original jurisdiction that it forms

part of the same case and controversy under Article III of the United States Constitution.

II. PARTIES

4. Plaintiff Criselda Romero-Manzano is a resident of Yamhill County, Oregon. 

5. At all relevant times, defendant Carlton Nursery Company, LLC, was a limited

liability company doing business in Yamhill County, Oregon. 

6. At all relevant times, defendant employed at least 15 people and was engaged in an

industry affecting commerce.

III. EXHAUSTION OF ADMINISTRATIVE REMEDIES

7. On or about December 30, 2013, plaintiff timely filed charges of discrimination with

the Oregon Bureau of Labor and Industries (BOLI). Plaintiff simultaneously filed charges with

the United States Equal Opportunity Employment Commission (EEOC) pursuant to a work

sharing agreement between the two agencies.

8. On December 30, 2014, BOLI notified plaintiff of her right to file a private civil suit

with regard to her claim under ORS 659A.030.

9. On March 25, 2015, EEOC notified plaintiff of her right to file a private civil suit with

regard to her Title VII claim.

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IV. FACTS

10. Defendant employed plaintiff in Yamhill County, Oregon, from approximately 2004

until December 2013.

11. Plaintiff’s supervisor was Jose Carillo. 

12. During her employment with defendant, Carillo harassed plaintiff by making

unwelcome sexual advances, including sexual comments, invitations of a sexual nature, and

unwanted sexual touching.

13. Plaintiff repeatedly rejected Carillo’s sexual advances. 

14. On or about April 10, 2013, plaintiff reported Carillo’s sexual harassment to

defendant's human resources department. 

15. In response to plaintiff's report of sexual harassment defendant transferred plaintiff to

work under a different supervisor.

16. Shortly after transferring plaintiff, defendant transferred her twice more to work

under different supervisors. 

17. Defendant did not effectively respond to plaintiff’s report of sexual harassment.

18. On around December 5, 2013, defendant discharged plaintiff. 

19. Defendant subjected plaintiff to a hostile work environment. 

20. Plaintiff suffered economic loss, including but not limited to, lost wages and

emotional distress, as a consequence of defendant’s discrimination in violation of 42 U.S.C.

§2000(e)-2 and ORS § 659A.030(1). 

21. Unless the Court grants injunctive relief, plaintiff will continue to suffer injury as a

result of defendant’s violations of federal and state worker protection statutes because those

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violations result in substandard employment conditions in the area and discourage plaintiff from

seeking future employment with defendant.

V. CLAIMS FOR RELIEF

First Claim – Title VII Sex Discrimination, 42 U.S.C. § 2000e-2

22. Paragraphs 1-22 are incorporated by reference.

23. Defendant discriminated against plaintiff on the basis of sex by subjecting her to a

hostile work environment in violation of 42 U.S.C. § 2000e-2.

Second Claim – Oregon Sex Discrimination, ORS 659A.030(1)(a)-(b)

24. Paragraphs 1-22 are incorporated by reference.

25. Defendant’s actions constituted unlawful sex discrimination under ORS

659A.030(1)(a)-(b).

VI. PRAYER FOR RELIEF

WHEREFORE, plaintiff respectfully requests that this Court grant the following relief:

1. Award judgment in favor of plaintiff and against defendant for:

a. Back pay, with prejudgment interest, from the date of her discharge to the date of

judgment in this action, in amounts to be determined at trial;

b. Future lost earnings;

c. Compensatory damages in amounts to be proved at trial, including damages for past

and future emotional distress, depression, loss of enjoyment of life, humiliation, anxiety, grief,

and anguish; 

d. Punitive damages in an amount to be determined at trial;

e. Reinstatement and injunctive relief to enjoin defendant from engaging in unlawful

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activity described in this complaint; 

f. Costs and reasonable attorney fees, pursuant to 42 U.S.C. § 2000e-5(k).

VII. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury as allowed under FRCP 38.

Dated March 26, 2015. 

LEGAL AID SERVICES OF OREGON

 s/Shelley Latin 

Shelley Latin, OSB No. 032253

E-mail: shelley.latin@lasoregon.org

Tel: 541-276-6685

Of Attorneys for Plaintiff

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