TMORELAND VESPER & QUATTRONE, P.A.

A PROFESSIONAL CORPORATION

BAYPORT ONE - SUITE 500

8025 BLACK HORSE PIKE

WEST ATLANTIC CITY, NJ 08232

(609) 645-1111

ATTORNEYS FOR PLAINTIFF

JENNIFER HYMAN

APPRAISAL SYSTEMS, INC.

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CAMDEN VICINAGE

Plaintiff,

V.

Defendant.

Civil Action No .

COMPLAINT AND JURY DEMAND

INTRODUCTION

Plaintiff, JENNIFER HYMAN, through her attorneys, WESTMORELAND

VESPER & QUATTRONE, alleges:

PARTIES

1 . At all times material, Plaintiff, Jennifer Hyman, a female, was a citizen and

resident of the United States, residing at 2313 3rd Avenue, Toms River, Ocean County,

New Jersey 08753 .

2.At all times material, Defendant, Appraisal Systems, Inc ., was in the

business of real estate appraisal services for municipalities in the State of New Jersey .

3.Defendant, Appraisal Systems, Inc . had offices at several locations

including 1608 Route 88, Ste . 115, Brick, New Jersey 08724 (hereinafter " Brick office") .

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4.

At all times material, Defendant, Appraisal Systems, Inc . was an employer

within the meaning of 42 U .S.C.A. § 2000e and was engaged in an industry affecting

commerce, and on information and belief, employed more than fifteen (15) employees

for each working day in each of twenty (20) or more calendar weeks in the then current

or preceding calendar year .

JURISDICTION AND VENUE

This action arises under Title VII of the Civil Rights Act of 1964, as amended, 42

U.S .C .A. §$ 2000e et seq ., the Civil Rights Act of 1991, 42 U.S.C.A. § 1981 a .

Jurisdiction is invoked pursuant to 42 U .S.C.A . § 2000e-5(f), 28 U .S.C.A. §§

1343(a)(31 and 1343(a)(4), and pursuant to 28 U .S.C.A. § 1367 .

Costs and attorney's fees may be awarded pursuant to 42 U.S .C .A. §

2000e-5(k), and the New Jersey Law Against Discrimination, N .J .S .A.,10 :5-1, et seq .

Venue properly lies in the United States District Court for the District of New

Jersey pursuant to 28 U.S .C .A. § 1391(b), and 42 U.S.C.A. § 2000e-5(f)(3) because the

unlawful employment practice was committed in this judicial district .

CONDITIONS PRECEDENT

Plaintiff has fulfilled all conditions precedent to the institution of this action under

42 U.S .C .A. § 2000e . A Notice of Right To Sue was issued by the Equal Employment

Opportunity Commission (EEOC) on October 8, 2010, a true and correct copy of which

is attached to this complaint as Exhibit "A" .

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ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

1 .

At all relevant times, Plaintiff, Jennifer Hyman was employed as an

Administrative Assistant at Appraisal Systems, Inc . in the Brick office . Her

responsibilities included input of data entries, inspection scheduling, post office runs,

handling of telephone complaints .

2.In 2008, the following persons were principals at Appraisal Systems :

Ernest DeIGuercio Sr. (CEO) and Jr . (a/k/a Rick) (President)

Glen Sherman, Executive Vice President

Jason Cohen, Vice President

Maureen Newton, HR Director

April Hall a/k/a April Cafasso, Brick office manager

Tom Hall : Brick field supervisor

3 .In or about July, 2008, the following employees were employed at the

Brick office as administrative or office assistants .

Jennifer Hyman (hired April 15, 2007)

Tellie Johnson (hired August 6, 2007)

Gwen Hanson (hired March 12, 2008)

Danielle Brown (hired May 15, 2008)

4 .

Records and witness testimony indicate that Plaintiff, Jennifer Hyman,

was the highest producing Administrative Assistant in her office and took on extra

duties without extra pay. There is no record of any performance or disciplinary actions

prior to her termination .

-3-

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5.

On or about July 3, 2008, Plaintiff, Jennifer Hyman, informed her

Manager, April Hall, that she was pregnant .

6.On July 10, 2008, Manager, April Hall singled out Jennifer Hyman

informing her that her data entry was subject to a new quota system, approximately

double what she had been routinely entering .

7. Records indicate that Plaintiff, Jennifer Hyman's, data entry production

was routinely comparable to her co-workers and that from May 2008 through July 21,

2008 her data entry production routinely exceeded her co-workers.

8 .

On July 18, 2008, a meeting took place with Ernest DeIGuercio, Sr . and

Rick DelGuercio, Jason Cohen, April Hall and Tom Hall at which time the owners were

made aware that Plaintiff was pregnant . The owners suggested and/or agreed to

terminate Jennifer Hyman's employment .

9 .On July 18, 2008, April Hall sent an e-mail to Maureen Newton advising

that she had decided to terminate Jennifer Hyman. Maureen Newton informed April that

there had been no written complaints made and that "it is always better to give them a

written warning and time to improve," but that if she was going to fire Jennifer, to state

that it was for poor productively and that it was better to wait until Monday .

10.On July 21, 2008, Plaintiff, Jennifer Hyman, was discharged . The reason

cited was "low productivity."

11 . None of the other employees met the data entry quota . No other

employee was subject to termination or discipline . The quota was removed within a

week of Plaintiff's termination .

-4-

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12.

On July 29, 2007, Plaintiff filed a Complaint with the EEOC charging that

Defendant has discriminated against her due to her pregnancy, in violation of Title VII .

13 .After investigation, on April 27, 2010 the EEOC issued a Determination as

to the merits of the subject charge, finding that the evidence established a violation of

Title VII .

14. On October 8, 2010 the EEOC issued a NOTICE OF RIGHT TO SUE

(Conciliation failure) permitting a lawsuit to be filed within 90 days from receipt of

notification under charge number 846-2008-52050 .

COUNT I

Violation of Civil Rights Act of 1964, Gender Discrimination

1 .

Plaintiff repeats and realleges Paragraphs 1 through 14 as if fully stated

herein .

2 .Plaintiff has been terminated and subjected to disparate treatment

because of her gender in violation of Title VII of the Civil Rights Act of 1964, and

because of such actions by Defendant she has suffered both irreparable injury and

compensable damage unless and until this Court grants relief .

3 .As a direct and proximate result of the actions of Defendant set forth

above, Plaintiff has suffered, is now suffering, and will continue to suffer, emotional pain

and mental anguish .

4 .As a direct and proximate result of such actions, Plaintiff has been, is

being, and will be in the future, deprived of income in the form of wages and of

prospective benefits due to the Plaintiff solely because of Defendant's conduct .

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WHEREFORE, Plaintiff, Jennifer Hyman, demands judgment against

Defendant, Appraisal Systems, Inc ., as follows:

(a)A declaration that the acts and practices of Defendant complained of in

this Complaint are in violation of Title VII of the Civil Rights Act of 1964 ;

(b) Injunctive relief ordered by the Court enjoining and permanently

restraining these violations of Title VII by Defendant ;

(c) An order of this Court directing Defendant to place Plaintiff in the position

she would have occupied but for Defendant's discriminatory treatment of her, and

making her whole for all earnings and other benefits she would have received but for

Defendant's discriminatory treatment, including but not limited to wages, pension, and

other lost benefits, according to proof ;

(d) Compensatory damages for past, present, and future mental anguish,

pain and suffering, and humiliation caused by Defendant's intentional discrimination,

according to proof ;

(e)Punitive damages, according to proof ;

(f) Awarding Plaintiff the costs of this action together with reasonable

attorney's fees, as provided by § 706(k) of Title VII, 42 U.S.C.A. § 2000e-5(k) ; and

(g)Such other and further relief as the court deems just and proper .

COUNT II

Violation of the New Jersey Law Against Discrimination N .J.S.A. 10:5-1, et seq

1 .Plaintiff repeats and realleges paragraphs 1 through 14 of the Allegations

Common to All Causes of Action, and paragraphs 1 through 4 of Count 1 here as if fully

-6-

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stated .

2 .

Plaintiff has been terminated and subjected to disparate treatment

because of her gender in violation of the New Jersey Law Against Discrimination

N .J .S.A. 10:5-1, et seq ., and because of such actions by Defendant she has suffered

both irreparable injury and compensable damage unless and until this court grants

relief .

3.

As a direct and proximate result of the above-described actions of

defendant, Plaintiff has suffered, is now suffering, and will continue to suffer, emotional

pain and mental anguish . As a direct and proximate result of such actions, Plaintiff has

been, is being, and will be in the future, deprived of income in the form of wages and of

prospective benefits due to the Plaintiff solely because of Defendant's conduct .

WHEREFORE, Plaintiff, Jennifer Hyman, demands judgment against

Defendant, Appraisal Systems, Inc ., as follows:

(a)A declaration that the acts and practices of Defendant complained of in

this complaint are in violation of the New Jersey Law Against Discrimination N .J .S .A.

10:5-1, et seq . ;

(b)

Injunctive relief ordered by the court enjoining and permanently restraining

these violations of the New Jersey Law Against Discrimination N .J .S.A. 10 :5-1, et seq.

by Defendant;

(c)

An order of this court directing Defendant to place Plaintiff in the position

she would have occupied but for Defendant's discriminatory treatment of her, and

making her whole for all earnings and other benefits she would have received but for

defendant's discriminatory treatment, including but not limited to wages, pension, and

-7-

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other lost benefits, according to proof ;

(d) Compensatory damages for past, present, and future mental anguish,

pain and suffering, and humiliation caused by Defendant's intentional discrimination,

according to proof ;

(e)Punitive damages, according to proof ;

(f) Awarding Plaintiff the costs of this action together with reasonable

attorney's fees ; and

(g) Such other and further relief as the court deems just and proper .

1 1

DATED : January 5, 2011BY:

WESTMORELAND VESPER & QUATTR

A A. QUATTRONE, ESQ.

Attorneys for Plaintiff

DEMAND FOR JURY

Plaintiff hereby demands a trial on all issues triable of right by a jury pursuant to

Rule 38 of the Federal Rules of Civil Procedure (F.R.C .P.38; and

DATED: January 5, 2011

BY:

0 A

WESTMORELAND VESPER & QUATTR

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RULE 11 CERTIFICATION

I, the undersigned, certify that to the best of my knowledge, information and

belief, formed after an inquiry reasonable under the circumstances, that this complaint

is not being presented for any improper purpose such as to harass or cause

unnecessary delay or needless increase in the cost of litigation ; the claims, defenses,

and other legal contentions herein are warranted by existing law or by non-frivolous

argument for the extension, modification, or reversal of existing law or the

establishment of new law ; and the allegations and other factual contentions have

evidentiary support and are likely to have evidentiary support after reasonable

opportunity for further investigation or discovery.

WESTMORELAND SPER & QUATTRONE

DARA A. QUATTRONE, ESQ .

Attorneys for Plaintiff

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EEOC Form 161-A (11/09)

U.S . EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NOTICE OF RIGHT TO SUE

(CONCILIATION FAILURE)

To: Ms. Jennifer HymanFrom:

2313 3rd Avenue Equal Employment Opportunity Commission

Toms river, NJ 08753 Philadelphia District Office

801 Market Street, Suite 1300

Philadelphia, PA 19107-3127

0

On behalf of person(s) aggrieved whose Identity Is

CONFIDENTIAL (29 CFR S 1601 .7(a))

Charge No.

EEOC RepresentativeTelephone No.

846-2008-52050 Legal Unit (215) 440-2828

This Notice concludes the EEOC' s processing of the above-numbered charge . The EEOC found reasonable cause to believe that

violations of the statute(s) occurred with respect to some or all of the matters alleged in the charge but could not obtain a settlement

with the Respondent that would provide relief for you . In addition, the EEOC has decided that is will not bring suit against the

Respondent at this time based on this charge and will close its file in this case . This does not mean that the EEOC is certifying that

the Respondent is in compliance with the law, or that the EEOC will not sue the Respondent later or intervene later in your lawsuit

if you decide to sue on your own behalf.

- NOTICE OF SUIT RIGHTS -

(See the additional Information attached to this form .)

Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in

Employment Act : This will be the only notice of dismissal and of your right to sue that we will send you . You may file a lawsuit

against the respondent(s) under federal law based on this charge In federal or state court . Your lawsuit must be filed WITHIN 90

DAYS from your receipt of this Notice ; otherwise, your right to sue based on this charge will be lost . (The time limit for filing suit

based on a state claim may be different.)

Equal Pay Act (EPA) : EPA suits must be filed In federal or state court within 2 years (3 years for willful violations) of the alleged

EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years) before you file

suit may not be collectible .

If you file suit, based on this charge, please send a copy of your court complaint to this office .

On behalf of the Commission

Enclosure(s)

cc Appraisal Systems

Mark F. Kluger, Esquire (For Respondent)

411A.	A -. .-

	/ ,*110

Phil A. Goldman

Acting District Director

EXHIBIT "A"

(DateMalled)

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