Case 3:02-cv-01021-D Document 18 Filed 06/19/03 Page 1 of 7 PageID 54

u.;]. C!:3'T'rylCT ~CtJRT

NOR'I'Ill :,' N :'='lBl.R!CT OF TEXAS
F!LED
UNITED STATES DISTRICT COU T
FOR THE NORTHERN DISTRICT OF EXAS JUN I 9 LUUJ
DALLM mv~ -- -
CLERK, U.8.DISTRICT COURT
HERNAN A. BADILLA, § By ____~~____- -
§ Deputy
Plaintiff, §
§
vs. § CIVIL ACTION NO. 3-02CVI021-D
§
BOMBARDIER AEROSPACE §
CORPORATION, §
§
Defendant. §

PLAINTIFF'S AMENDED COMPLAINT

Plaintiff Heman A. Badilla ("Plaintiff') files this his Amended Original Complaint, and for

his causes of action against Defendant Bombardier Aerospace Corporation respectfully shows the

Court the following:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction in this matter pursuant to the Notice of Removal filed by

Defendant on or about May 15,2002, pursuant to 28 U.S.c. § 1441 and 1446 ..

2. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 (b) because a substantial

part of the events giving rise to the claim occurred within this judicial district and the Defendant

resides within this judicial district.

II. PARTIES

3. Plaintiff is an individual citizen of the State of Texas, currently residing at 4560

Saddleridge Drive, The Colony, Texas 75056.

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4. Defendant Bombardier Aerospace Corporation ("Defendant" or "Bombardier") is a

- Delaware corporation, -duly authorized to transact business in the State of Texas. Defendant ~___ _

appeared in this matter by its counsel of record.

III. FACTS

5. Plaintiff Heman A. Badilla is a 47 year old Hispanic male. He was hired by

Bombardier in the spring of 1997 to work as one of its first employees in the aircraft maintenance

department. At the time Mr. Badilla was hired, the maintenance department was small, and each of

the employees was required to perform all of the necessary maintenance functions for each of the

three types of aircraft utilized by Bombardier.

6. Mr. Badilla was proficient at performing all maintenance functions for all Bombardier

aircraft. Because of his skill, he was quickly promoted to the position of Administrator of the

Maintenance Department for the fleet of Challenger aircraft. Although responsible for the Challenger

fleet, Mr. Badilla continued to perform maintenance services on the other two types of aircraft

operated by Bombardier. Mr. Badilla reported to Bill Bauer, who reported to Director Gary Clayson.

7. In the fall of 1997, Mr. Badilla was promoted again, this time to the position of

Assistant Manager, Maintenance Control over the Challenger fleet. Each Assistant Manager was

assigned a shift and was required to work on all fleets, regardless of whether the aircraft were

Challenger planes or not.

8. Bob Beaumont replaced Gary Clayson as the new Director in the spring of 1998. In

the late spring 1998, Mr. Beaumont decided to eliminate the Assistant Manager position. As a result,

Mr. Badilla was made the Supervisor of the Maintenance Planning group, which handled the

scheduled maintenance on the aircraft.

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9. A short time later, a manager position in the Maintenance Control area was created.

Instead of posting the Job opening, which was the existing company pclicy-fm vacancies-in-all

positions below the Director level, Bombardier simply awarded the position to another without

soliciting applications. The person selected for the position, Dennis Foote, was a white male who

was younger than Mr. Badilla and who had not previously been employed by Bombardier. After this

decision, Mr. Badilla began reporting to Mr. Foote.

10. In September 2000, another white employee in his twenties, Scott Shatzer, was

awarded the position of Manager of the Maintenance Planning group. Bombardier did not offer to

let Mr. Badilla interview for this job opening, either. Neither Mr. Foote nor Mr. Shatzer had

experience as an Assistant Manager, as Mr. Badilla did, and both had less seniority than Mr. Badilla.

11. Shortly after Mr. Shatzer became Manager of the Maintenance Planning group, he

demoted Mr. Badilla from Supervisor ofthe Maintenance Planning Group to a maintenance planner,

with no supervisory responsibilities. At the same time, Mr. Shatzer demoted another older Hispanic

employee who had been a Supervisor in the maintenance department.

12. Shortly thereafter, Mr. Shatzer gave Mr. Badilla a negative performance review. Even

though he had only been in his position for a few months, upon information and belief, Mr. Shatzer

prepared a performance review without input from Mr. Badilla's previous superiors. When pressed

about the negative performance appraisal, Mr. Shatzer could not give Mr. Badilla any concrete

examples of alleged poor performance.

13. In the fall of 200 I, at an employee meeting, Mr. Shatzer pressured Mr. Badilla and

others to work overtime without being paid. Mr. Shatzer informed the employees that company

changes were coming, that the employees that would be retained after the changes were those who

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were "exemplary," and that the company had projects to be worked on but no overtime funds

budgeted. Mr. Shatzer clearly imJ21iecl that tbQse em-pIQyees who workedovertimeior free would be

the employees he considered "exemplary." Despite Mr. Shatzer's veiled threat, Mr. Badilla refused

to work overtime without being paid.

14. Bombardier terminated Mr. Badilla as part of a reduction in the workforce that took

place on October 4, 200 1. At the time of his termination from Bombardier, Mr. Badilla had been

employed by the company for nearly four and a half years. Mr. Badilla was replaced by a non-

Hispanic male from another department. At the same time, two younger, white employees were

transferred from Mr. Badilla's department to the planning department.

15. While he was the Supervisor of the Maintenance Planning Group, Mr. Badilla hired

three people. One was a woman, who at the time of the reduction in force, had been performing

poorly for some time. Nevertheless, she was given the opportunity to move to the invoicing

department. Mr. Badilla was given no such opportunity, even though he had performed invoicing

services for three years for Bombardier. The other two individuals are white, in their twenties, and

were trained by Mr. Badilla. Despite Mr. Badilla's superior skill set and seniority with the Company,

these two men were not selected for the reduction in force and Mr. Badilla was.

IV. CLAIMS

16. Paragraphs 1-15 are included in each of the following assertions, as if the paragraphs

were reproduced in full in each of the following subsections.

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A. VIOLATIONS OF THE TEXAS COMMISSION ON HUMAN RIGHTS ACT

(RACEINATIONAL ORIGIN DISCRIMINATION)

17. Defendant is an employer and Plaintiff is an employee within the meaning of the

Texas Commission on Human Rights Act, TEX. LABOR CODE, §21.001 et. seq. ("TCHRA").

Plaintiff is in the category of individuals designed to be protected by the TCHRA.

18. Plaintiff filed a Charge of Discrimination with the Equal Employment Opportunity

Commission, acting on behalf of the Texas Commission on Human Rights, on or about January 7,

2002, which is within 180 days of the occurrence of the acts about which he complains.

19. On or about February 7, 2002, the Texas Commission on Human Rights issued to

Plaintiffhis Notice of Right to File a Civil Action. Plaintiff has filed this Petition within 60 days of

receipt ofthat Notice. Accordingly, all conditions precedent to Plaintiffs entitlement to relief have

occurred.

20. Defendant's actions as described above constitute unlawful race and!or national origin

discrimination in violation of the TCHRA. Plaintiff has been damaged in excess of the minimum

jurisdictional limits of this Court as a result of Defendant's conduct, and is entitled to all legal and

equitable relief authorized by the TCHRA.

B. VIOLATIONS OF THE TEXAS COMMISSION ON HUMAN RIGHTS ACT

(AGE DISCRIMINATION)

21. Plaintiff incorporates by reference the allegations set forth in paragraphs 17-19 above.

Thus, all conditions precedent to this cause of action have occurred or have been performed.

22. Defendant's actions as described above constitute unlawful age discrimination under

the TCHRA.

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23. As a result of Defendant's conduct, Plaintiff has been damaged in excess of the

minimUnl jurisdictional limits of this Court and is entitled to alllegaLand equitable relief authorized

by the TCHRA.

C. ATTORNEYS FEES

24. Because of Defendant's wrongful conduct as detailed herein, it has been necessary

for Plaintiff to engage the services of the undersigned attorney. Plaintiffhas incurred reasonable and

necessary attorneys' fees related to his pursuit of these. Pursuant to the relief authorized by the

statutes under which he sues, Plaintiff is entitled to recover his reasonable and necessary attorneys'

fees incurred in prosecuting this action.

D. JURY DEMAND

25. Plaintiff demands trial by jury on all issues so triable.

WHEREFORE, Plaintiff Hernan A. Badilla prays that the Court order upon final trial that

he recover judgment from Defendant of all amounts due, that he recover actual and exemplary

damages in an amount to be determined by the jury, liquidated damages, prejudgment and

postjudgment interest as allowed by law, that he recover his costs of this action, including reasonable

attorneys' fees, that the Court award him any and all equitable relief allowable, and that he be

awarded such other and further relief to which he may be justly entitled.

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Respectfully submitted,

--=iiilP~
State Bar No. 09348050
100 Crescent Court, Suite 700
Dallas, Texas 75201
(214) 459-5029 - telephone
(214) 459-6601 - facsimile

ATTORNEY FOR PLAINTIFF

HERNAN A. BADILLA

CERTIFICATE OF SERVICE

I hereby certify that on this 11 taay of June, 2003, I served a true and correct copy ofthe
foregoing pleading on counsel of record for Defendant Bombardier Aerospace Corporation, Bryan
C. Collins, Jackson Walker L.L.P., 901 Main Street, Suite 6000, Dallas, Texas 75202, via first class,
United States mail.

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