(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
THIRD CAUSE OF ACTION
(Unlawful Retaliation in Violation of Gov’t. Code §12900 et seq. By All PLAINTIFFS Against All Defendants)
39. PLAINTIFFS repeat and reallege the allegations contained in paragraphs 1 through 38 and incorporates the same by reference as though fully set forth herein.
40. DEFENDANTS, and each of them, illegally retaliated against PLAINTIFFS for objecting to and protesting the sexual harassment and discrimination perpetrated by DEFENDANTS in violation of the California Fair Employment & Housing Act, Gov’t. Code §12900 et seq.
41. PLAINTIFFS are informed and believe and based thereon allege that Defendants, and each of them, cannot articulate any legitimate, business-related reason or bona fide occupational qualification to excuse their conduct.
42. PLAINTIFFS are informed and believe and based thereon allege that in addition to the practices enumerated above, Defendants, and each of them, may have engaged in other discriminatory practices against them which are not yet fully known. At such time as such discriminatory practices become known to them, PLAINTIFFS will seek leave of Court to amend this complaint in that regard.
43. At all times during the employment relationship, PLAINTIFFS performed their duties in a highly satisfactory, competent and diligent manner.
44. PLAINTIFFS have filed Charges of Discrimination with the California Department of Fair Employment & Housing ( DFEH ), copies of which are attached hereto as Exhibit A and incorporated herein by reference. Within one year of filing this complaint, the DFEH has issued a Right to Sue Notices authorizing this lawsuit, copies of which are attached hereto as Exhibit B and incorporated herein by reference. PLAINTIFFS have exhausted their administrative remedies.
45. As a direct and proximate result of Defendants’ willful, knowing and intentional discrimination against them, PLAINTIFFS have suffered and will continue to suffer pain and suffering, and extreme and severe mental anguish and emotional distress; PLAINTIFFS have suffered and will continue to suffer a loss of earnings and other employment benefits and job opportunities. PLAINTIFFS are thereby entitled to general and compensatory damages in amounts to be proven at trial.
46. As a further, direct and proximate result of Defendants’ violation of California Government Code section 12900 et seq., PLAINTIFFS have been compelled to retain the services of counsel in an effort to enforce the terms and conditions of their employment relationship with Defendants, and has thereby incurred and will continue to incur legal fees and costs, the full nature and extent of which are presently unknown to them. PLAINTIFFS therefore request that attorneys’ fees be awarded pursuant to California Government Code section 12965.
47. PLAINTIFFS are informed and believe and based thereon allege that the outrageous conduct of Defendants described above was done with malice, fraud and oppression and with conscious disregard for their rights and with the intent, design and purpose of injuring PLAINTIFFS. Defendants, and each of them, through their officers, managing agents and/or supervisors, authorized, condoned and/or ratified the unlawful conduct of all of the other Defendants named in this action. By reason thereof, PLAINTIFFS are entitled to punitive or exemplary damages from all Defendants in a sum according to proof at trial. (See Part 7 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.