U.S. DISTRICT COURT

FILED

EASTERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURTS SEP - 1 2023

EASTERN DISTRICT OF TEXAS

DIVISION

BY

DEPUTY 

Charles Edward Haley Jr

~ Number: 460-2022-03341

Name of Plaintiff(s)

vs

City of Dayton

|:23c i 3??

Name of Defendant(s)

COMPLAINT UNDER TITLE VH OF THE CIVIL RIGHTS ACT OF 1964

Note: If plaintiff is alleging em loyment discrimination based on race or color, please also see 42:U.S.C. 1981

1. This action is brought pursuant to Title VII of the Civil Ri hts Act of 1964 for

employment discrimination. Jurisdiction is specifically conferred on the court by 42

U.S.C. 2000e-5. Equitable and other reliefare also sought under 42 U.S.C. 2000e-5(g).

2.. Plaintiff, Charles Edward Haley Jr , is a citizen of the United States

(name of plaintiff)

. 1091 Mulberry Ln Dayton

and resides at 3 < , ¦

(street address) (city)

Liberty Texas 77535 936-776-8877

(county) (state) (zip) (telephone)

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 1 of 9 PageID #: 1
3.. Defendant, Dayton # resides at, or its business is

(name of defendant)

located at 117 c°ok St Dayton ,

(street address) (city)

Liberty Texas 77535 936-258-2642

: :\ _ ' f./ 5 ; 5 •

(county) (state) (zip) (telephone)

4. Plaintiff sought employment from the defendant or was employed by the defendant

at 117 Cook St Dayton

(street address) (city)

Li erty Texas 77535

f ? ¦ ¦ .. ; > . . .. 9 __ 

(county) (state) (zip)

5.

6.

Defendant discriminated against plaintiff in the manner indicated in paragraphs 9 and 10

July 6, 2022

of the complaint on or about 

(month, day, year)

Plaintiff filed charges against the defendant with the Equal Employment Opportunity

Commission charging defendant with the acts of discrimination indicated in paragraphs

9 and 10 of this complaint on or about April 3. 2023 .

(month, day, year)

7. The Equal Employment Commission issued a Notice of Right to Sue which was

recei ved by plaintiff on August 24, 2023 

(month day, year)

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 2 of 9 PageID #: 2
8. Because of plaintiff s (1) A race, (2) color, (3) sex,

(4) national origin, defendant:

a. failed to employ plaintiff.

b. terminated plaintif s employ ent.

c. failed to promote plainti ff.

d. x Other A9e 

9. The circumstances under which the defendant discriminated against plaintiff were as

follows:

Mr. Haley Jr worked for the City of Dayton as a Light Equipment Operator from 2018 to

March 31, 2022, at the time of my lay off. At the time of Mr. Haley Jr.'s separation, Mr. Roy

Rodriguez was his supervisor. In February 2022 Mr. Haley Jr. filed a charge of discrimination

On March 31, 2022, without any warning Mr. Haley Jr was selected for a lay-off from his

his position. Mr. Haley Jr.'s exit interview was completed with Human Resources

Supervisor Tammy Alexander and Mr. Rodriguez. Ms. Alexander's son worked in the same,

department as Mr. Haley Jr. Mr. Haley Jr. was told his position was eliminated. Mr. Haley

Jr. was never offered another position. Mr. Haley Jr. found out other employees that were,

laid off were offered other positions. Mr. Haley Jr. was never given that opportunity as the other.

employees were offered labor positions. Mr. Haley Jr. was told by other employees that were.

still employed that his position was filled by Reily Alexander (the son to Ms. Tammy Alexander)

Mr. Alexander is a white male and also younger than Mr. Haley Jr. Mr. Haley Jr. felt that he was.

being discriminated against age and retaliation because of a previous EEO he had filed.

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 3 of 9 PageID #: 3
10. The acts set forth in paragraph 9 of this complaint:

11.

a. are still being committed by defendant.

b. are no longer being committed by defendant.

c. defendant may still be committing the acts.

Plaintiff attaches to this complaint a copy of the charges filed with the Equal

Employment Opportunity Commission which charges arc submitted as a brief statement

of the facts supporting this complaint. WHEREFORE, Plaintiff prays that the Court

grant the following relief to the plaintiff:

a. Defendant be directed to employ plaintiff.

b. Defendant be directed to re-employ plainti ff.

c. Defendant be directed to promote plaintiff.

y

d. Defendant be directed toco pensate wages/stress and that the 

Court grant such relief as may be appropriate, including injunctive orders,

damages, costs and attorney s fees.

(Signature of Plaintiff)

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 4 of 9 PageID #: 4
1919 Smith Street, 6th Floor

Website: www.eeoc.eov

Houston District Office

Houston, TX 77002

(346) 327-7700

CLOSURE DOCUMENT ENCLOSED

Charles E. Haley Jr.

1091 Mulberry Ln

DAYTON, TX 77535

Re: Charles E. Haley Jr. v. CITY OF DAYTON

EEOC Charge Number: 460-2022-03341

The United States Equal Employment Opportunity Commission (EEOC) issued the enclosed

document in the above-referenced charge on the date reflected thereon. Specifically, on that date,

EEOC sent you an email notification that EEOC had made a decision regarding the above¬

referenced charge and advised you to download a copy of the decision document from the Portal.

Our records indicate you have not downloaded that document from the portal. For your

convenience, a copy of that document is enclosed with this letter.

I hope this information is helpful. If you have questions, please contact TERANGELO DAVIS

by telephone at (346) 327-7679 or email at TERANGELO.DAVIS@EEOC.GOV.

Sincerely.

08/22/2023 TERANGELO DAVIS

EQUAL OPPORTUNITY

INVESTIGATOR

Enclosure

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 5 of 9 PageID #: 5
1919 Smith Street, 6th Floor

Website: www.eeoc.gov

Houston District Office

Houston, TX 77002

(346) 327-7700

DISMISSAL AND NOTICE OF RIGHTS ENCLOSED

Charles E. Haley Jr.

1091 Mulberry Ln

DAYTON, TX 77535

Re: Charles E. Haley Jr. v. CITY OF DAYTON

EEOC Charge Number: 460-2022-03341

The United States Equal Employment Opportunity Commission (EEOC) issued the enclosed

Dismiss l and Notice of Rights (Notice) in the above-referenced charge on the date reflected

thereon. Specifically, on that date, EEOC sent you an email notification that EEOC had made a

decision regarding the above-referenced charge and advised you to download a copy of the

decision document from the Portal. Our records indicate you have not downloaded the Notice from

the Portal. For your convenience, a copy of the Notice is enclosed with this letter.

Please note that if the Charging Party wants to pursue this matter further in court, Charging Party

must file a lawsuit within 90 days of the date they receive the Notice. The 90-day period for filing

a private lawsuit cannot be waived, extended, or restored by the EEOC.

I hope this information is helpful. If you have questions, please contact TERANGELO DAVIS

by telephone at (346) 327-7679 or email at TERANGELO.DAVIS@EEOC.GOV.

Sincerely.

08/22/2023 TERANGELO DAVIS

EQUAL OPPORTUNITY

INVESTIGATOR

Enclosure

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 6 of 9 PageID #: 6
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Houston District Ofl ce

1919 Smith Street, 6th Floor

Houston, TX 77002

(346) 327-7700

Website: www.eeoc.eov

DETERMINATION AND NOTICE OF RIGHTS

(This Notice replaces EEOC FORMS 161, 161-A & 161-B)

Issued On: 08/17/2023

To: Mr. Charles E. Haley Jr.

1091 Mulberry Ln

DAYTON, TX 77535

Charge No: 460-2022-03341

EEOC Representative and email: TERANGELO DAVIS

Federal Investigator

terangelo.davis@eeoc.gov

DETERMINATION OF CHARGE

The EEOC issues the following determination: The EEOC will not proceed further with its investigation and

makes no determination about whether further investigation would establish violations of the statute. This does

not mean the claims have no merit. This determination does not certify that the respondent is in compliance with

the statutes. The EEOC makes no finding as to the merits of any other issues that might be construed as having

been raised by this charge.

NOTICE OF YOUR RIGHT TO SUE

This is official notice from the EEOC of the dismissal of your charge and of your right to sue. If you choose to

file a lawsuit against the respondent(s) on this charge under federal law in federal or state court, your lawsuit

must be filed WITHIN 90 DAYS of your recei t of this notice. Receipt generally occurs on the date that you

(or your representative) view this document. You should keep a record of the date you received this notice. Your

right to sue based on this charge will be lost if you do not file a lawsuit in court within 90 days. (The time limit

for filing a lawsuit based on a claim under state law may be different.)

If you file a lawsuit based on this charge, please sign-in to the EEOC Public Portal and upload the court complaint

to charge 460-2022-03341.

On behalf of the Commission,

BRANDON DAVIS

CITY OF DAYTON

1517 TRINITY ST

Liberty, TX 77575

TAMMY ALEXANDER

CITY OF DAYTON

17 COOK ST

Dayton, TX 77535

Cc:

STEVE FLOYD

CITY OF DAYTON

117 COOK ST

Dayton, TX 77535

Please retain this notice for your records.

Digitally Signed ByiRayford O. Irvin

08/17/2023 

Rayford O. Irvin

District Director

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 7 of 9 PageID #: 7
Enclosure with EEOC Notice of Closure and Rights (01/22)

Information Related to Filing Suit

Under the Laws Enforced by the EEOC

(This information relates to filing suit in Federal or State court under Federal law. If you also plan to sue

claiming violations of State law, please be aware that time limits may be shorter and other provisions of State

law may be different than those described below.)

Important Time Limits - 90 Days to file a Lawsuit

If you choose to file a lawsuit against the respondent(s) named in the charge of discrimination, you must file a

complaint in court within 90 days of the date you receive this Notice. Receipt generally means the date when

you (or your representative) opened this email or mail. You should keep a record of the date you received this

notice. Once this 90-day period has passed, your right to sue based on the charge referred to in this Notice will

be lost. If you intend to consult an attorney, you should do so promptly. Give your attorney a copy of this

Notice, and the record of your receiving it (email or envelope).

If your lawsuit includes a claim under the Equal Pay Act (EPA), you must file your complaint in court within 2

years (3 years for willful violations) of the date you did not receive equal pay. This time limit for filing an EPA

lawsuit is separate from the 90-day filing period under Title VII, the ADA, GINA, the ADEA, or the PWFA

referred to above. Therefore, if you also plan to sue under Title VII, the ADA, GINA, the ADEA or the PWFA,

in addition to suing on the EPA claim, your lawsuit must be filed within 90 days of this Notice and within the 2-

or 3-year EPA period.

Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. Whether you file in

Federal or State court is a matter for you to decide after talking to your attorney. You must file a "complaint"

that contains a short statement of the facts of your case which shows that you are entitled to relief. Filing this

Notice is not enough. For more information about filing a lawsuit, go to

htt s://www.eeoc.gov/em loyees/lawsuit.cfm.

Attorney Representation

For information about locating an attorney to represent you, go to:

htt s://www.eeoc.gov/employees/lawsuit.cfm.

In very limited circumstances, a U.S. District Court may appoint an attorney to represent individuals who

demonstrate that they are financially unable to afford an attorney.

How to Request Your Charge File and 90-Day Time Limit for Requests

There are two ways to request a charge file: 1) a Freedom of Information Act (FOIA) request or 2) a Section

83 request. You ay request your charge file under either or both procedures. EEOC can generally respond to

Section 83 requests more promptly than FOIA requests.

Since a lawsuit must be filed within 90 days of this notice, please submit your FOIA and/or Section 83 request

for the charge file promptly to allow sufficient time for EEOC to respond and for your review.

To make a FOIA request for your charge file, submit your request online at

htt s://eeoc.arkcase.com/foia/ ortal/lo in (this is the preferred method). You may also submit a FOIA request

for your charge file by U.S. Mail by submittin a si ned, written request identifying your request as a “FOIA

Request for Charge Number 460-2022-03341 to the District Director at Rayford O. Irvin, 1919 Smith Street

6th Floor

Houston, TX 77002.

To make a Section 83 request for your char e file, submit a signed written request stating it is a "Section 83

Request" for Charge Number 460-2022-03341 to the District Director at Rayford O. Irvin, 1919 Smith Street

6 th Floor

Case 1:23-cv-00328-MAC-CLS Document 1 Filed 09/01/23 Page 8 of 9 PageID #: 8
Enclosure with EEOC Notice of Closure and Rights (01/22)

Houston, TX 77002.

You may request the charge file up to 90 days after receiving this Notice of Right to Sue. After the 90 days have

passed, you may request the charge file only if you have filed a lawsuit in court and provide a copy of the court

complaint to EEOC.

For more infor ation on submitting FOIA requests, go to htt s://w w.eeoc.gov/eeoc/foia/index.cfm.

For more information on submitted Section 83 requests, go to https://www.eeoc. ov/foia section-83-disclosureinformation-char e-files.

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