Complaint - Hawkins

Case 8:09-cv-03431-PJM Document 1 Filed 12/23/09 Page 1 of 17
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
Southern Division
Tonya Y. Hairston *
4801 John Street
Suitland, Maryland 20746 *
Plaintiff, *
vs. * Case No. 09-3431
Prince George’s County, Maryland * Jury Demand Enclosed Herein

14741 Governor Oden Bowie Drive
Suite 5121 *
Upper Marlboro, Maryland 20772
c/o Stephanie P. Anderson, Esq. *
Prince George’s County Attorney
*
Defendant.
* * * * * * * * * * * * *
COMPLAINT
I. PRELIMINARY STATEMENT
1. This action is brought to remedy discrimination on the basis of sex in the terms,
conditions and privileges of employment in violation of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. Section 2000e et seq. (“Title VII”) and Md. Code Article 49B
(2009) (“Article 49B”), to redress the deprivation of rights secured to plaintiff by the Civil
Rights Act of 1871, 42 U.S.C. Section 1983 and the Maryland Declaration of Rights, and for
intentional infliction of emotional distress and for negligent hiring, supervision and retention
under the tort law of the State of Maryland. Injunctive and declaratory relief, damages and other
appropriate legal and equitable relief are sought pursuant to 42 U.S.C. Section 2000e (f) and
(g),Article 49B, and 42 U.S.C. Section 1983.

II. JURISDICTION AND VENUE
2. Plaintiff Tonya Y. Hairston, a female and a resident of Maryland, filed a charge of
discrimination against the County with the Equal Employment Opportunity Commission
(“EEOC”) on or about March 27, 2009, complaining of the acts of sex discrimination alleged
herein.
3. On or about September 28, 2009, more than 180 days having elapsed since the
filing of her charge, the EEOC issued plaintiff a notice informing her of her right to sue
defendant.
4. Plaintiff has complied fully with all prerequisites to jurisdiction in this Court
under Title VII and Article 49B. Jurisdiction of the Court is proper under Section 706(f)(3) of
Title VII, 42 U.S.C. Section 2000e-5(f)(3) and 42 U.S.C. Section 1983. The Court has pendent
jurisdiction over the Article 49B claim and Maryland tort law and constitutional claims.
5. As the unlawful employment practices complained of herein occurred within
Prince George’s County, Maryland, venue is proper in this District pursuant to Section 706(f)(3)
of Title VII, 42 U.S.C. Section 2000e-5(f)(3).
III. PARTIES
6. Plaintiff Tonya Y. Hairston is a citizen of the United States and a resident of
Suitland, Maryland. At all times relevant hereto, Ms. Hairston has resided at 4801 John Street,
Suitland, Maryland 20746.
7. Defendant Prince George’s County, is a county, organized and operating pursuant
to the laws of the State of Maryland. The County is an employer within the meaning of Article
49B and Title VII.
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IV. STATEMENT OF FACTS
A. The County Has Subjected Ms. Hairston To A Hostile Work Environment.
8. The County has subjected Ms. Hairston to a hostile work environment that has
unreasonably interfered with her job performance and has created an intimidating, hostile, and
offensive work atmosphere.
9. Ms. Hairston began working for the County as an Administrative Aide I/II on
June 1, 2004. As an Administrative Aide I/II, Ms. Hairston’s job responsibilities included
providing administrative support to the Office of Emergency Management’s (“OEM”) office
manager, maintaining the OEM filing system and mail log, which Ms. Hairston established,
preparing financial reports, budget statements and travel requests, maintaining contact lists,
inventory and requisition of supplies, and preparing correspondence.
10. Immediately after Ms. Hairston began her employment with the County, she was
subjected to unwelcome sexual conduct. For example, on multiple occasions, Ms. Hairston
entered a small supply closet to get supplies. Reginald A. Parks, Director, Office of Emergency
Management, one of Ms. Hairston’s supervisors, attempted to crowd into the closet with Ms.
Hairston and pressed up against her.
11. Subsequently, another one of Ms. Hairston’s supervisors, Calvin Hawkins, Chief
of Community Affairs and Education, rubbed his hand across Ms. Hairston’s bottom while she
was putting mail in the employee mail slots. A few hours after this incident, Mr. Hawkins asked
Ms. Hairston to enter his office “real quick” to show her something. When Ms. Hairston entered
Mr. Hawkins’ office, Mr. Hawkins began tugging at the top button of her shirt. Ms. Hairston
tried to pull Mr. Hawkins’ hands off her chest, but Mr. Hawkins was too strong. While Mr.
Hawkins continued to tug on Ms. Hairston’s button, Mr. Hawkins stated, “I want to see if you
3
have a hair line on your stomach because you seem to be hairy.” Ms. Hairston firmly said “no”
and finally succeeded in moving Mr. Hawkins’ hands off of her.
12. Ms. Hairston complained about Mr. Hawkins’ conduct on the next business day to
Paula Burr, Deputy Director, Office of Emergency Management, and Ms. Hairston’s direct
supervisor at the time of the incident. Ms. Hairston told Ms. Burr that Ms. Hairston wanted the
County to ensure that Mr. Hawkins could not touch her again in the future. Ms. Burr told Mr.
Parks about Ms. Hairston’s complaint. Later that day, Mr. Parks told Ms. Hairston that he was
“going to take a ride” with Mr. Hawkins to discuss the incident. When Mr. Parks and Mr.
Hawkins returned to the office, Mr. Hawkins apologized to Ms. Hairston. Mr. Hawkins also
thanked Ms. Hairston for not filing criminal charges against him, stating that criminal charges
would have upset his wife. The County took no further corrective action to protect Ms. Hairston
from further harassment. Upon information and belief, the County did not formally discipline
Mr. Hawkins for his behavior.
13. Not surprisingly, in light of the County’s failure to take any formal corrective
discipline, the harassment continued. In the summer of 2007, Mr. Parks told Ms. Hairston, “I
don’t know if I want to speak to you this morning.” When Ms. Hairston questioned him about
this statement, Mr. Parks stated, “I had a dream about you this weekend and we was [sic] getting
busy on the couch in Mrs. Paula’s office. I was tearing that ass up. Girl, I don’t know what you
are doing to me that I would dream about you.” Mr. Parks gyrated his hips while he described his
dream.
14. In early 2008, Mr. Parks asked Ms. Hairston to scan photographs of his old
girlfriends and e-mail them to him. While Mr. Parks directed Ms. Hairston to perform this
“work,” Mr. Parks made comments about the photographs and discussed his relationships with
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these women. Mr. Parks made detailed comments about his sexual encounters. Mr. Parks
demonstrated these encounters with inappropriate gyrations, telling Ms. Hairston that he “got
that ass.”
15. On June 5, 2008, Ms. Hairston was preparing her lunch in the kitchenette. Mr.
Hawkins approached Ms. Hairston from behind, saying, “Miss T, just once.” Mr. Hawkins then
grabbed Ms. Hairston’s bottom with both of his hands. Ms. Hairston was startled and asked Mr.
Hawkins why he touched her. Mr. Hawkins did not reply and returned to his office. Mr. Hawkins
then briefly left the office. When Mr. Hawkins returned, he closed the front door to the
department, trapping Ms. Hairston into the office area alone with him. Mr. Hawkins then
approached Ms. Hairston, stating, “Tonya, let me show you something.” Ms. Hairston stood up
and began walking to the office space behind her work station. At that time, Mr. Hawkins
grabbed both of Ms. Hairston’s hands and pulled her down onto his lap in a chair. Mr. Hawkins
then forcibly held Ms. Hairston head by placing the palm of his hand on the back of her head.
Ms. Hairston looked in panic toward the door of the department and at that time realized that Mr.
Hawkins had locked the door.
16. When Ms. Hairston realized that Mr. Hawkins had locked the door, she was
terrified that Mr. Hawkins intended to rape her. Mr. Hawkins intentionally and unjustifiably
restrained Ms. Hairston from leaving the office against her will. Mr. Hawkins stated, “I’ve been
wanting to do this for a long time…I’ve been picturing you in that black dress.” Mr. Hawkins
then forcibly began to kiss Ms. Hairston’s neck and to rub his pelvic area against her in repeated
quick motions. Ms. Hairston attempted to distract Mr. Hawkins by saying she heard someone at
the department door, and told Mr. Hawkins that someone was coming in hopes that he would
stop the assault. Mr. Hawkins responded that he locked the door so that he would not be
5
disturbed. Mr. Hawkins then dropped his hand from the back of Ms. Hairston’s head to the lower
part of her back. Mr. Hawkins lifted Ms. Hairston’s shirt to her bra line. Ms. Hairston again told
him that she heard someone at the door. Mr. Hawkins then pushed Ms. Hairston aside and
checked the door. When Mr. Hawkins was at the door, he stated, “See, I told you I locked it.”
Mr. Hawkins then returned to Ms. Hairston’s work station, grabbed both her hands, and pulled
her onto his lap on the chair again. Ms. Hairston pulled away, saying, “no.” Mr. Hawkins
grabbed Ms. Hairston around her waist, asking, “Could I at least kiss your titties?” Ms. Hairston
said “no.” At that point, Mr. Hawkins heard Mr. Parks coming toward the door, and Mr.
Hawkins unlocked the door.
17. Ms. Hairston returned to her work station. Ms. Hairston’s legs were shaking, and
she was shocked and terrified. Mr. Hawkins subsequently left the office. At that time, Ms.
Hairston called Teresa Meunier, Admin Aide III for the Fire Department, asking Ms. Meunier to
meet her in the ladies’ room. When Ms. Meunier met Ms. Hairston in the bathroom, Ms.
Hairston told her about the incident. Ms. Hairston was experiencing an acute mental breakdown,
and Ms. Meunier ran to call Ms. Hairston’s husband, leaving Ms. Hairston in the ladies’ room.
Ms. Meunier retrieved Ms. Hairston’s personal items from her work station, including her purse,
and brought them to Ms. Hairston in the ladies’ room. Ms. Meunier then escorted Ms. Hairston
outside to wait for Ms. Hairston’s husband to arrive.
18. Ms. Hairston attempted to complain about Mr. Hawkins’ conduct to Mr. Parks on
the same day of the incident. On the next business day, Ms. Hairston called Glenda Alexander,
administrative assistant to Vernon R. Herron, Director, Office of Homeland Security, and asked
her about complaint procedures. Ms. Alexander instructed Ms. Hairston to contact Diane
Blackwell in Human Relations. Ms. Hairston left a message for Ms. Blackwell on the same day.
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Ms. Hairston also contacted Rhonda Jackson, EEOC Investigator, Office of Homeland Security.
Ms. Jackson informed Ms. Hairston that she could pursue her complaint either through Ms.
Blackwell’s office or through Ms. Jackson’s office. Ms. Hairston then filled out an Investigative
Statement about the incident per Ms. Jackson’s request and continued to pursue her complaint
through Ms. Jackson’s office.
19. Ms. Hairston continued to suffer severe emotional distress as a result of the
assault. On June 10, 2008, Ms. Hairston e-mailed Mr. Parks, “I am sitting up on-line [sic]
looking basically at nothing. I can’t rest because I keep crying because I feel so much hurt in my
heart…I know I won’t be in the office tomorrow. However, I will go meet Rhonda Jackson to
put in my sexual harassment complaint against Calvin.” A couple days later, Ms. Hairston again
e-mailed Mr. Parks, stating, “I tried to come to work this morning but I just couldn’t do it. I
know you said he is gone and will not be back but I got so nervous and teary eye [sic] so Tyrone
said no honey, you are not ready today…Rhonda is getting an EAP packet together for me
because I need to get some counseling. I hate what Calvin has done to me. Coming to work use
[sic] to bring me comfort now I get nervous thanking [sic] about coming into the office…I will
try again tomorrow.”
20. Ms. Hairston returned to work on June 13, 2008. Mr. Parks told Ms. Hairston that
he instructed Mr. Hawkins that “if Tonya came into the office naked that he should not touch
her.” Mr. Parks then commented that if Tonya did in fact come into the office naked, Mr. Parks
would look at her. Even as Mr. Parks was addressing the sexual assault on Ms. Hairston, he
continued to make sexually inappropriate comments to her.
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21. Approximately one week after the assault, Mr. Parks made further inappropriate
remarks to Ms. Hairston. Mr. Parks told Ms. Hairston that he had shaved his pubic region. When
Ms. Hairston did not respond, he stated, “I am not going to change because of what happened.”
22. Even more distressing to Ms. Hairston, Mr. Hawkins continued to work in her
proximity. On June 18, 2008, Mr. Hawkins delivered a computer to Ms. Hairston’s work area.
On October 14, 2008, Ms. Hairston noticed a note that Mr. Hawkins had left for another
employee near her work area. In fact, when Mr. Parks knew that Mr. Hawkins was coming to a
meeting in Ms. Hairston’s work area, Mr. Parks instructed Ms. Hairston not to come to work that
day. Instead of disciplining Mr. Hawkins for his behavior, the County was instead adversely
treating Ms. Hairston by instructing her not to attend work.
23. The extreme severity and frequency of the inappropriate conduct has caused
substantial injuries to Ms. Hairston. Ms. Hairston continues to seek treatment for the severe
emotional distress she experienced as a result of Mr. Hawkins’ and Mr. Parks’ conduct. Ms.
Hairston has missed time from work as a result of her mental injuries.
B. The County Did Not Properly Handle Its Investigation Into Ms. Hairston’s
Complaints.
24. The County scheduled a meeting on September 11, 2008 to discuss what
happened to Ms. Hairston. Immediately prior to this meeting, Mr. Parks engaged in yet another
inappropriate conversation with Ms. Hairston. Mr. Parks told Ms. Hairston that he was not
attracted to his wife. Mr. Parks talked about his wife wearing lingerie from Victoria’s Secret, but
stated that he was still not attracted to her in spite of the lingerie. He then stated that his “thing”
still lay to the side even though his wife wanted to have sex with him.
25. During the September 11, 2008 meeting, Mr. Parks stated that he did not
remember seeing Mr. Hawkins or Ms. Hairston when he came into the office on June 5, 2008,
8
immediately after the assault. Eugene Jones, Current Acting Fire Chief, Fire and Emergency
Medical Services Department, then told Mr. Parks that both Mr. Hawkins and Ms. Hairston
remembered seeing him. Ms. Hairston then expressed concern that Mr. Parks was lying during
the meeting. Mr. Parks then left the meeting, after which the panel asked Ms. Hairston why Mr.
Parks was lying. Ms. Hairston replied that she did not know.
26. On September 12, 2008, the County ordered Ms. Hairston to meet with Mr.
Hawkins. Ms. Hairston expressed fear and concern about sitting across from Mr. Hawkins and
asked that her husband attend the meeting with her for protection and support. Ms. Hairston told
Denice L. Dickens, Fire Captain and EEO Investigator, Office of Professional Standards, “I
continue to feel so much pain because of Calvin’s actions toward me; to have to face Calvin will
simply add to my agony.” The County refused to allow her husband to attend with her, and
ordered Ms. Hairston to attend the meeting.
27. When Ms. Hairston attended the September 12, 2008 meeting, Ms. Hairston was
questioned about the incident in front of Mr. Hawkins. Mr. Hawkins interrupted Ms. Hairston,
jumping up and yelling “you little bitch” at Ms. Hairston during the meeting. Mr. Hawkins was
removed from the meeting. Once again, instead of remedying the inappropriate conduct in Ms.
Hairston’s workplace, the County forced Ms. Hairston to have further contact with Mr. Hawkins
that resulted in verbal abuse and intimidating behavior. Further, the County treated Ms. Hairston
differently than it treated Mr. Hawkins in the investigation. The County interviewed Ms.
Hairston’s spouse about the incident, but refused to interview Mr. Hawkins’ spouse.
28. Even after the September meetings to discuss the incidents, Mr. Parks engaged in
inappropriate conduct toward Ms. Hairston. On October 12, 2008, Ms. Hairston was bending
down in the supply closet when she noticed Mr. Parks watching her. Mr. Parks then stated,
9
“Back in the day, I would have pushed you in and um um um [Mr. Parks gyrated his hips back
and forth] but now uh uh.”
29. In a subsequent December 16, 2008 meeting, Mr. Parks admitted to almost all of
the incidents alleged in this letter.1At this meeting, Ms. Hairston was once again forced to
discuss her complaints directly in front of the respondent, and she left this meeting in tears.
30. The County has not acted reasonably to prevent the harassment toward Ms.
Hairston. While Ms. Hairston took advantage of the preventive and corrective opportunities
provided by her employer, those procedures did nothing to prevent further assaults and
inappropriate conduct.
31. Further, the County knew or should have known through the course of reasonable
investigation at the time of hiring that Mr. Hawkins posed a threat of injury to others. In 1984,
Mr. Hawkins pled guilty to a number of violent crimes in Maryland, including robbing four
people at a Red Barn restaurant at gun point and robbing three people at gun point at a Holly
Farms Fried Chicken restaurant. The sentencing judge referred to Mr. Hawkins as having
“terrorized the county.” Mr. Hawkins also pled guilty to robbing a Ponderosa Steak House using
a chrome revolver and robbing a Giant Food Store and its nighttime stockers using a handgun,
herding the stockers into the bathroom after robbing them. Mr. Hawkins also pled guilty to an
armed robbery with a dangerous weapon in the District of Columbia and was sentenced to serve
6 to 18 years as a result of that crime.
32. Criminal charges are pending against Mr. Hawkins in the Circuit Court for Prince
George’s County for assault second degree, sex offense fourth degree, and false imprisonment of
Ms. Hairston. Trial is scheduled for December 14, 2009.
1
Mr. Parks did not admit to gyrating in front of Ms. Hairston in summer 2007. He also did not admit to swearing in
the office.
10
V. FIRST CLAIM FOR RELIEF
(Title VII)
33. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 32 of this Complaint with the same force and effect as if set forth herein.
34. Defendant has discriminated against plaintiff in the terms and conditions of her
employment on the basis of her sex in violation of Title VII.
35. Plaintiff is now suffering and will continue to suffer irreparable injury and
monetary damages as a result of defendant’s discriminatory practices unless and until this Court
grants relief.
WHEREFORE, plaintiff requests that this Court enter a judgment:
a. Declaring that the acts and practices complained of herein are in violation
of Title VII;
b. Enjoining and permanently restraining these violations of Title VII;
c. Directing defendant to take such affirmative action as is necessary to
ensure that the effects of these unlawful employment practices are eliminated and do not
continue to affect plaintiff’s employment opportunities;
d. Directing defendant to place plaintiff in the position she would have
occupied but for defendant’s discriminatory treatment of her, and make her whole for all
earnings she would have received but for defendant’s discriminatory treatment, including, but
not limited to, wages, pension, and other lost benefits;
e. Awarding plaintiff compensatory and punitive damages;
11
f. Awarding plaintiff the costs of this action together with reasonable
attorneys’ fees, as provided by Section 706(k) of Title VII, 42 U.S.C. Section 2000e-6(k);
g. Directing defendant to pay plaintiff compensatory damages and damages
for her mental anguish and humiliation; and
h. For any and all other equitable and legal relief to which plaintiff appears
entitled.
VI. SECOND CLAIM FOR RELIEF
(Article 49B)
through 35 of this Complaint with the same force and effect as if set forth herein
37. The above acts and practices of the defendant constitute unlawful discriminatory
employment practices within the meaning of Article 49B.
38. As a result of defendant’s discriminatory acts, plaintiff has suffered and will
continue to suffer monetary damages and damages for mental anguish and humiliation unless
and until the Court grants relief.
WHEREFORE, plaintiff requests that this Court enter a judgment:
a. Declaring that the acts and practices complained of herein are in violation
of Article 49B;
b. Enjoining and permanently restraining these violations of Article 49B;
c. Directing defendant to take such affirmative action as is necessary to
ensure that the effects of these unlawful employment practices are eliminated and do not
continue to affect plaintiff’s employment opportunities;
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d. Directing defendant to place plaintiff in the position she would have
occupied but for defendant’s discriminatory treatment of her, and make her whole for all
earnings she would have received but for defendant’s discriminatory treatment, including, but
not limited to, wages, pension, and other lost benefits;
e. Awarding plaintiff compensatory and punitive damages;
f. Awarding plaintiff the costs of this action together with reasonable
attorneys’ fees, as provided by Article 49B;
g. Directing defendant to pay plaintiff compensatory damages and damages
for her mental anguish and humiliation; and
h. For any and all other equitable and legal relief to which plaintiff appears
entitled.
VII. THIRD CLAIM FOR RELIEF
(Negligent Hiring, Retention and Supervision)
40. Defendant had a duty to exercise reasonable care in hiring, supervising, and
retaining employees. However, it failed to use reasonable care despite numerous warnings and
complaints about misconduct.
41. The defendant breached that duty and the negligence of the defendant caused
plaintiff to suffer damages.
WHEREFORE, plaintiff demands judgment against defendant as follows:
a. For all compensatory and punitive damages with respect to her claims in
an amount being just; and
13
b. For any and all other equitable and legal relief to which plaintiff appears
entitled.
VIII. FOURTH CLAIM FOR RELIEF
(Gross Negligence)
43. At all material times, the actions of defendant constituted gross negligence in that
its conduct exhibited a wanton and reckless disregard for the rights of others, including but not
limited to the plaintiff.
44. As a direct and proximate result of the defendant’s actions described herein,
plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental
anxiety, for all of which she should be compensated.
entitled.
IX. FIFTH CLAIM FOR RELIEF
(Intentional Infliction of Emotional Distress)
46. Defendant’s actions directed against plaintiff were intentional and inflicted upon
plaintiff severe mental and emotional distress.
14
47. Defendant had knowledge of the actions described herein, and its sanctioning and
involvement in the actions directed against plaintiff was intentional and inflicted upon plaintiff
severe mental and emotional distress.
48. As a direct and proximate result of the defendant’s actions described herein,
plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental
anxiety, for all of which she should be compensated.
entitled.
X. SIXTH CLAIM FOR RELIEF
(42 U.S.C. Section 1983)
50. By subjecting plaintiff to a sexually hostile work environment on the basis of her
gender, defendant violated the Fourteenth Amendment to the United States Constitution as made
actionable pursuant to 42 U.S.C. Section 1983.
51. By discriminating against plaintiff in the terms and conditions of her employment,
defendant has subjected plaintiff to sex discrimination in violation of the Fourteenth Amendment
of the United States Constitution, as made actionable pursuant to 42 U.S.C. Section 1983.
15
52. At all times relevant to this action, the employees referenced above in paragraphs
1 through 32 were acting within the scope of their employment with the County and under color
of state law.
53. At all times, the County maintained deficient policies, practices, customs and
usages related to the hiring, supervision, monitoring, control and retention of personnel.
WHEREFORE, plaintiff prays that this Honorable Court:
a. Empanel a jury to hear and decide all questions of fact;
b. Award to plaintiff compensatory damages against the defendant;
c. Award to plaintiff punitive damages against defendant for its malicious
and spiteful pattern of sexual harassment;
d. Award to plaintiff the reasonable attorneys’ fees and costs incurred in the
prosecution of this matter; and,
e. Enter any other order the interests of justice and equity require.
XI. SEVENTH CLAIM FOR RELIEF
(Maryland Declaration of Rights)
55. By subjecting plaintiff to a sexually hostile work environment on the basis of her
gender, defendant violated Article 24 of the Maryland Declaration of Rights.
56. By discriminating against plaintiff in the terms and conditions of her employment,
defendant has subjected plaintiff to sex discrimination in violation of Article 24 of the Maryland
Declaration of Rights.
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WHEREFORE, plaintiff prays that this Honorable Court:
a. Empanel a jury to hear and decide all questions of fact;
b. Award to plaintiff compensatory damages against the defendant;
c. Award to plaintiff punitive damages against defendant for its malicious
and spiteful pattern of sexual harassment; and
d. Enter any other order the interests of justice and equity require.
DEMAND FOR TRIAL BY JURY
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, plaintiff demands a trial
by jury in this action.
Respectfully Submitted,
____________/s/______________
Joyce E. Smithey, Esquire
Federal Bar No. 27531
Law Office of Joyce E. Smithey, Esq.
223 Duke of Gloucester St.
Annapolis, MD 21401
443-534-0147 (Phone)
410-295-0213 (Facsimile)
Date: December 23, 2009
17

Complaint - Hawkins

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Complaint - Hawkins

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Case 8:09-cv-03431-PJM Document 1 Filed 12/23/09 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT

vs. * Case No. 09-3431

Prince George’s County, Maryland * Jury Demand Enclosed Herein

(g),Article 49B, and 42 U.S.C. Section 1983.

II. JURISDICTION AND VENUE

2. Plaintiff Tonya Y. Hairston, a female and a resident of Maryland, filed a charge of

5. As the unlawful employment practices complained of herein occurred within

of Title VII, 42 U.S.C. Section 2000e-5(f)(3).

6. Plaintiff Tonya Y. Hairston is a citizen of the United States and a resident of

Suitland, Maryland 20746.

7. Defendant Prince George’s County, is a county, organized and operating pursuant

49B and Title VII.

IV. STATEMENT OF FACTS

A. The County Has Subjected Ms. Hairston To A Hostile Work Environment.

offensive work atmosphere.

providing administrative support to the Office of Emergency Management’s (“OEM”) office

inventory and requisition of supplies, and preparing correspondence.

Hairston and pressed up against her.

and finally succeeded in moving Mr. Hawkins’ hands off of her.

Mr. Hawkins for his behavior.

Hawkins had locked the door.

Hawkins unlocked the door.

outside to wait for Ms. Hairston’s husband to arrive.

through Ms. Jackson’s office.

try again tomorrow.”

continued to make sexually inappropriate comments to her.

treating Ms. Hairston by instructing her not to attend work.

ordered Ms. Hairston to attend the meeting.

and forth] but now uh uh.”

6 to 18 years as a result of that crime.

Ms. Hairston. Trial is scheduled for December 14, 2009.

V. FIRST CLAIM FOR RELIEF

employment on the basis of her sex in violation of Title VII.

WHEREFORE, plaintiff requests that this Court enter a judgment:

b. Enjoining and permanently restraining these violations of Title VII;

c. Directing defendant to take such affirmative action as is necessary to

continue to affect plaintiff’s employment opportunities;

d. Directing defendant to place plaintiff in the position she would have

not limited to, wages, pension, and other lost benefits;

e. Awarding plaintiff compensatory and punitive damages;

f. Awarding plaintiff the costs of this action together with reasonable

g. Directing defendant to pay plaintiff compensatory damages and damages

for her mental anguish and humiliation; and

VI. SECOND CLAIM FOR RELIEF

employment practices within the meaning of Article 49B.

and until the Court grants relief.

WHEREFORE, plaintiff requests that this Court enter a judgment:

b. Enjoining and permanently restraining these violations of Article 49B;

c. Directing defendant to take such affirmative action as is necessary to

continue to affect plaintiff’s employment opportunities;

d. Directing defendant to place plaintiff in the position she would have

not limited to, wages, pension, and other lost benefits;

e. Awarding plaintiff compensatory and punitive damages;

f. Awarding plaintiff the costs of this action together with reasonable

attorneys’ fees, as provided by Article 49B;

g. Directing defendant to pay plaintiff compensatory damages and damages

for her mental anguish and humiliation; and

VII. THIRD CLAIM FOR RELIEF

(Negligent Hiring, Retention and Supervision)

complaints about misconduct.

plaintiff to suffer damages.

WHEREFORE, plaintiff demands judgment against defendant as follows:

an amount being just; and