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IN THE UNITED STATES DISTRICT COURT FOR THEMIDDLE DISTRICT OF GEORGIA
MACON DIVISION
FLINT DOLLAR,
Plaintiff,
vs.
TRUSTEES OF MOUNT DE SALES ACADEMY, INC. d/b/a MOUNT DE SALES ACADEMY,
Defendant
Case No.: ___________________
JURY TRIAL DEMANDED
COMPLAINT
NOW COMES PLAINTIFF, FLINT DOLLAR, by and through undersigned
counsel, and files this Complaint for Damages, showing the Court the following:
1.
This is an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §
2000e, et seq., (as amended) to redress Defendant’s discrimination against Plaintiff on
the basis of sex (gender stereotyping).
2.
This Court has jurisdiction of this action under 42 U.S.C. §2000e-5(f)(1) and (3)
and 28 U.S.C. §1331 and 1337. Venue is proper in this District pursuant to 28 U.S.C.
§1391(b), because Defendant’s unlawful employment practices as alleged in this
Complaint were committed in this judicial District and Defendant resides in this District.
3.
Plaintiff (hereinafter Mr. Dollar) is a male citizen of the United States of America
and a resident of Buffalo, New York. Mr. Dollar is authorized to bring this action by 42
5:15-CV-253 (LJA)
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U.S.C. § 2000e-5(f)(1).
4.
Defendant Trustees of Mount de Sales Academy, Inc., d/b/a Mount de Sales
Academy, is a corporation organized pursuant to the Georgia Nonprofit Corporation
Code. Defendant at all relevant times to this Complaint has maintained its registered
and principal office in Bibb County, Georgia, and has been a corporation doing business
in Bibb County, Georgia and the Middle District of Georgia. Defendant is subject to the
jurisdiction of this Court. Defendant can be served through its President, David Francis
Held, 851 Orange Street, Macon, Georgia 31201.
5.
Defendant is now and at all times relevant hereto has been an employer
engaged in an industry affecting commerce within the meaning of §701(b), (g) and (h) of
Title VII and has employed more than the requisite number of persons for the requisite
duration under Title VII.
6.
Defendant is a Catholic, independent, college preparatory school sponsored by
the Sisters of Mercy. Defendant is owned and operated by an independent Board of
Trustees.
7.
According to its Mission Statement, Defendant is “dedicated to the spiritual and
intellectual growth of each student, [and it] is committed to educating young men and
women of all cultural, economic, and religious backgrounds.
8.
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According to its faculty handbook in effect for the 2013 – 2014 school year
(hereinafter “faculty handbook”), Defendant purports to hold the following beliefs:
- Every person is called to holiness and to develop a relationship with a
personal and loving God.
- Every person is valued as a unique individual with physical, social, emotional
and intellectual gifts and needs.
- Every person is called to respect the value of life and the dignity of each
individual.
- Every person must be aware of and responsive to his/her current and long
range obligations to the global community.
- Every person can learn and achieve his/her full potential when provided with
a variety of appropriate learning strategies.
- Every person’s self-esteem is enhanced by positive relationships and mutual
respect. Every person in the school community shares the responsibility for
advancing the school’s mission.
9.
Defendant’s faculty handbook sets forth the following profile of a member of the
faculty: “Each member of the faculty of Mount de Sales Academy is expected to strive
to meet the Professional Excellence Standards . . . in order to meet the mission of the
Academy, achieve a high level of competency in discipline and teaching practices, and
model the highest standards in relating to the community.”
10.
Throughout his employment with Defendant, Mr. Dollar did comply with
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Defendant’s Professional Excellence Standards.
11.
Defendant’s faculty handbook does not require teachers to be members of the
Catholic Church, and it does not require any faculty members to adhere to the Catholic
Church’s teachings on marriage.
12.
In its faculty handbook Defendant represents it “is an equal employment
opportunity employer and strives to comply with all applicable laws prohibiting
discrimination based on race, color, creed, sex, sexual orientation, age, national origin
or ancestry, physical or mental disability, veteran status, marital status, HIV-positive
status, as well as any other category protected by federal, state or local laws. All such
discrimination is unlawful and all persons involved in the operations of Mount de Sales
are prohibited from engaging in this type of conduct.”
13.
Defendant’s faculty handbook does set forth certain “recognized causes for
corrective action.” Failure by a faculty member to comply with the Catholic Church’s
teachings on marriage is not set forth in the faculty handbook as a recognized cause for
corrective action.
14.
Defendant’s faculty handbook does set forth a Code of Ethics for its employees.
That Code of Ethics does not require Defendant’s employees to adhere to the Catholic
Church’s teachings on marriage, however.
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15.
During November of 2010, one of Defendant’s administrators approached Mr.
Dollar about teaching band for Defendant. Mr. Dollar initially declined the invitation to
apply for the position.
16.
In January of 2011, the same administrator again approached Mr. Dollar about
teaching for Defendant. Subsequent to this request, Mr. Dollar met with the President
of Defendant, Mr. David Held, in January of 2011, to discuss teaching seventh and
eighth grade chorus on a part-time basis for the remainder of the 2010 – 2011 school
year.
17.
At the meeting with Mr. Held in January of 2011, Mr. Dollar informed Mr. Held he
was gay and that he was living with his same-sex partner.
18.
On January 12, 2011, in response to Defendant’s solicitations, Mr. Dollar
submitted an application for employment. A copy of Mr. Dollar’s application is attached
as Exhibit A.
19.
Nothing in Defendant’s application states employees must be Catholic or adhere
to Catholic teachings.
20.
In April of 2011, Defendant offered and Mr. Dollar accepted a full-time position to
teach Instrumental Music (6th – 12th grade), Choral Music (6th – 8th grade), General
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Music (6th – 7th grade), and piano (8th grade).
21.
Defendant continuously employed Mr. Dollar until May 21, 2014.
22.
Throughout his employment with Defendant, Mr. Dollar’s responsibilities were
limited to teaching band, chorus and instrumental music. Mr. Dollar was not a minister,
was not required to have any particular religious training for his position, and he was not
responsible for any religious instruction.
23.
Mr. Dollar’s job duties were wholly unrelated to any religious instruction.
24.
In October of 2013, Mr. Dollar and his partner decided to marry, and they began
planning for their wedding in July of 2014.
25.
Mr. Dollar told certain faculty members about his wedding plans, as well as Mr.
Held.
26.
In January of 2014, a fellow faculty member informed Mr. Dollar she wanted to
host wedding shower for him and his partner. In March of 2014 the faculty member sent
invitations to the wedding shower to specific faculty members, including Mr. Held.
27.
On May 1, 2014, Defendant offered, and Mr. Dollar accepted employment with
Defendant for the 2014 – 2015 school year. A copy of that contract is attached as
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Exhibit B.
28.
On May 21, 2014, Mr. Held summoned Mr. Dollar to his office and informed Mr.
Dollar that he could no longer retain him on the MDS faculty because of his impending
marriage to his homosexual partner. Defendant terminated Mr. Dollar on that date.
29.
Prior to Mr. Dollar’s May 21, 2014 meeting with Mr. Held, Defendant had never
communicated to Mr. Dollar that an employee could be terminated for not adhering to
the Catholic Church’s teachings on marriage, and Mr. Dollar had never been informed
Defendant had an official position on marriage.
30.
Defendant has accepted beliefs and behavior by heterosexual employees who
violate or do not adhere to the Catholic Church’s teachings, including the Catholic
Church’s teachings on marriage. Defendant accepted and employed one or more
heterosexual faculty members who cohabitated while not married. Defendant accepted
and employed one or more heterosexual divorced faculty members. Defendant
accepted and employed one or more heterosexual faculty members who had divorced
and remarried. Defendant accepted and employed non-Christian faculty members,
including Jewish, Buddhist, and atheist/agnostic faculty members.
31.
Prior to his termination on May 21, 2014, Mr. Dollar had satisfactorily performed
his job duties with Defendant.
32.
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Even after his termination, Mr. Held continued to praise Mr. Dollar for his
outstanding work at Mount de Sales. Mr. Held made clear Defendant was terminating
Mr. Dollar solely because of his impending same-sex marriage.
33.
Subsequent to Defendant’s termination of Mr. Dollar’s employment, Mr. Held sent
a letter to parents of students in which he addressed Defendant’s personnel decisions.
In that letter, among other things, Mr. Held stated: “We are an Independent Catholic
School sponsored by the Sisters of Mercy. As a Mercy School, we operate from a set of
core values that is in keeping with the charism of The Sisters of Mercy.”
34.
President Held did not consult with the Sisters of Mercy regarding Mr. Dollar’s
employment prior to his decision to terminate Mr. Dollar’s employment.
35.
Mr. Dollar timely filed a charge of discrimination against Defendant with the Equal
Employment Opportunity Commission (EEOC) on June 20, 2014, alleging discrimination
on the basis of sex (sexual stereotyping). A copy of Mr. Dollar’s charge of discrimination
is attached as Exhibit C.
36.
On January 30, 2015, The EEOC issued a Determination letter in connection with
Mr. Dollar’s charge of discrimination, which stated in part as follows:
“Based upon the evidence and the record as a whole, there is reasonable
cause to conclude that the Charging Party was discriminated against because of
his sex (sex stereotyping) in violation of Title VII of the Civil Rights Act of 1964,
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as amended.”
A copy of the EEOC’s Determination letter is attached as Exhibit D.
37.
The EEOC issued a “Notice of Right to Sue” on April 2, 2015, entitling Mr. Dollar
to commence an action within ninety (90) days of receipt of that notice. A copy is
attached as Exhibit E.
38.
Mr. Dollar has fulfilled all conditions precedent to this suit.
COUNT ISex Discrimination(Sexual Stereotyping)
39.
Mr. Dollar re-alleges and incorporates by reference herein the allegations
contained in paragraphs 1 through 38 above.
40.
Mr. Dollar’s planned marriage to his same sex partner did not comport with
Defendant’s traditional gender or sex stereotypes that men marry women.
41.
Defendant terminated Mr. Dollar because his plans to engage in a marriage that
did not comply with traditional gender or sex stereotypes.
42.
Since the Supreme Court’s decision in Price Waterhouse v. Hopkins, 490 U.S.
228 (1989), the law has been clear that Title VII prohibits employers from acting upon
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stereotypes about sexual roles in making employment decisions.
43.
Defendant violated Title VII when it terminated Mr. Dollar’s employment because
Mr. Dollar’s planned wedding to his same sex partner did not comport with Defendant’s
traditional gender stereotypes.
44.
Mr. Dollar is entitled to back wages, as well as compensation for non-pecuniary
loss resulting from Defendant’s unlawful conduct, including emotional pain and
suffering, anxiety, stress, depression, and humiliation, in an amount to be determined by
the jury.
45.
Defendant acted with malice or reckless indifference to Mr. Dollar’s federally
protected rights such that he is entitled to punitive damages.
WHEREFORE, as to Count I, Mr. Dollar prays this Court grant him the following
relief:
(a) Award Plaintiff appropriate back pay with prejudgment interest, in an
amount to be determined at trial;
(b) Award Plaintiff front pay and/or reinstatement, and any other affirmative
relief necessary to eradicate the effects of Defendant’s unlawful
employment practices;
(c) Award Plaintiff compensation for past and future pecuniary loss resulting
from Defendant’s unlawful conduct;
(d) Award Plaintiff compensation for non-pecuniary loss resulting from
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Defendant’s unlawful conduct, including emotional pain and suffering,
anxiety, stress, depression, and humiliation, in an amount to be
determined by the jury at trial;
(e) Award Plaintiff punitive damages for Defendant’s malicious and reckless
conduct, in an amount to be determined by the jury at trial;
(f) Award Plaintiff his attorney’s fees and costs; and
(g) Award Plaintiff such other and further legal and equitable relief as the
Court may deem appropriate.
PLAINTIFF DEMANDS TRIAL BY JURY OF ALL ISSUES SO TRIABLE.
This June 29, 2015.
/s Charles E. Cox, Jr. Ga. Bar No. 192305Attorney for PlaintiffPost Office Box 67Macon, Georgia 31202-0067Telephone: (478) 757-2990Facsimile: (478) 757-2991E-mail: [email protected]
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CaseDollar v. Trust
Mount de SAcademy,
Exhib
A
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CaseDollar v. Trustees of
Mount de SalesAcademy, Inc.
Exhibit
B
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Mount de SalesAcademy, Inc.
Exhibit
C
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Mount de SalesAcademy, Inc.
Exhibit
D
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CaseDollar v. Trustees of
Mount de SalesAcademy, Inc.
Exhibit
E
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