in the united states district court for the middle...
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IN THE UNITED STATES DISTRICT COURT FOR THEMIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISON
RODNEY GOOCH, LEONDRA SHEPARD, )RODNEY GROSS, LAWANNA HUSK, )RODNEY GOOCH, MAURICE )GOOCH, GREGORY IRVIN, NICHOLAS ) CASE NO:WILLIAMS, ROSALYN MCKISSACK, )MARCUS IVEY, CHAZ IRVIN, ONTONIO ) CLASS ACTIONBARBOUR, RICHARD BRYANT, NATHANIAL )CLAYBROOKS, ORCENTA SEAY, MARVIN SAIN, )WALTER CATER, ERIC REED, DAMIEN MORGAN )ROBERT JOHNSON, TONY ADKINS )
)PLAINTIFFS, )
)v. )METROPOLITAN GOVERNMENT OF NASHVILLE,)DAVIDSON COUNTY, TENNESSEE and )
)NASHVILLE ELECTRIC SERVICES )
)DEFENDANT. )
COMPLAINT
I. NATURE OF COMPLAINT
1. This action is brought by eighteen (18) African American current
employees and non-hired applicants of The Metropolitan Government of Nashville and Davidson
County, Tennessee and Nashville Electric Systems (“NES”). Rodney Gooch, Leondra Shepard,
Rodney Gross, Lawanna Husk, Maurice Gooch, Gregory Irvin, Nicholas Williams, Rosalyn
McKissack, Marcus Ivey, Chaz Irvin, Ontonio Barbour, Richard Bryant, Nathanial Claybrooks,
Orcenta Seay, Marvin Sain, Walter Cater, Eric Reed, and Damien Morgan, bring claims on their
own behalf and in behalf of a putative class as further defined below against Metropolitan
Government of Nashville and Davidson County, Tennessee and NES regarding their claims
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arising from racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42.
U.S. § 1981 and § 1983.
2. Rodney Gooch, Leondra Shepard, Rodney Gross, Lawanna Husk, Maurice
Gooch, Gregory Irvin, Nicholas Williams, Rosalyn McKissack, Marcus Ivey, Chaz Irvin,
Ontonio Barbour, Richard Bryant, Nathanial Claybrooks, Orcenta Seay, Marvin Sain, Walter
Cater, Eric Reed, and Damien Morgan (hereinafter “Plaintiffs”), seek a declaratory judgment that
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES have
engaged in systematic pattern and practices of racial discrimination in employment opportunities
and a racially hostile environment at The Metropolitan Government of Nashville and Davidson
County, Tennessee and NES in Nashville, Tennessee and that such conduct is unlawful under the
following: (a) Title VII of the Civil Rights Act of 1964, as amended in 1991, 42 U.S.C. §§
2000e, et seq., and (b) Section One of the Civil Rights Act of 1866, as amended in 1991, 42
U.S.C. §1981a. (c) 42 U.S.C. §1983 as the defendant in a state actor (d) The Plaintiffs have been
denied Equal Protection of the laws because of their race in violation of the Equal Protection
Clause of the 14th Amendment. They also seek a permanent injunction and other equitable relief
necessary to eliminate the effects of past and present racial discrimination and prevent such
discrimination from continuing to adversely affect their lives and careers, including, but not
limited to, affirmative restructuring of the selection procedures, training and other terms and
conditions of employment, reimbursement of expenses incurred in prosecuting this action, and
attorneys’ fees. Each said plaintiff further seeks back-pay and other equitable remedies
necessary to make themselves and the members of the class which they seek to represent whole.
II. JURISDICTION AND VENUE
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4. This Court has jurisdiction pursuant to 28 U.S.C. §§1331, 1343(4), and
Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§2000e, et seq., as amended.
III. CONDITIONS PRECEDENT TO SUIT UNDER TITLE VII
5. The Plaintiffs have fulfilled all conditions necessary to the institution of this
action under Title VII. Plaintiffs have received their notice of Right-to-Sue from the United
States Department of Justice. Plaintiffs’ claims arising under 42 U.S.C. §1981and § 1983 do not
require administrative exhaustion.
IV. PARTIES
A. Defendants
6. Defendant Metropolitan Government of Nashville and Davidson County,
Tennessee is a Governmental entity doing business in Nashville, TN. The Metropolitan
Government of Nashville and Davidson County, Tennessee is an employer defined by 42
U.S.C. § 2000e(b). It is also an individual subject to suit under 42 U.S.C. §1981 as
amended and 42 U.S.C. § 1983.
7. Defendant NES, is a Governmental entity doing business in the State of
Tennessee and an employer as defined by 42 U.S.C. §2000e(b). It is also an individual
subject to suit under 42 U.S.C. §1981, as amended, and 42 U.S.C. §1983.
B. NAMED PLAINTIFFS
8. Rodney Gooch is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
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The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
9. Rodney Gross is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
10. Lawanna Husk is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, she has been employed at
NES in Nashville, TN.
11. Leondra Shepard is an African-American resident of the State of Tennessee and
a citizen of the United States. At all times material to this action, he has been employed
at The Metropolitan Government of Nashville and Davidson County, Tennessee and NES
in Nashville, TN
12. Maurice Gooch is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
13. Gregory Irvin is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
14. Nicholas Williams is an African-American resident of the State of Tennessee and
a citizen of the United States. At all times material to this action, he has been employed
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at The Metropolitan Government of Nashville and Davidson County, Tennessee and NES
in Nashville, TN.
15. Rosalyn McKissack is an African-American resident of the State of Tennessee
and a citizen of the United States. At all times material to this action, she has been
employed at The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES in Nashville, TN.
16. Marcus Ivey is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
17. Ontonio Barbour is an African-American resident of the State of Tennessee and
a citizen of the United States. At all times material to this action, he has been employed
at The Metropolitan Government of Nashville and Davidson County, Tennessee and NES
in Nashville, TN.
18. Eric Reed is an African-American resident of the State of Tennessee and a citizen
of the United States. At all times material to this action, he has been employed at The
Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
19. Richard Bryant is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
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20. Nathanial Claybrooks is an African-American resident of the State of Tennessee
and a citizen of the United States. At all times material to this action, he has been
employed at The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES in Nashville, TN.
21. Orcenta Seay is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN
22. Marvin Sain is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
23. Walter Cater is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he has been employed at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
24. Chaz Irvin is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he was an applicant at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
25. Damien Morgan is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he was an applicant at
The Metropolitan Government of Nashville and Davidson County, Tennessee and The
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Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
26. Robert Johnson is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he was an applicant at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
27. Tony Adkins is an African-American resident of the State of Tennessee and a
citizen of the United States. At all times material to this action, he was an applicant at
The Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
Nashville, TN.
VII. COUNT ONE-CLAIMS AGAINST NES FOR RACIAL DICRIMINATION
A. FACTS SUPPORTING ALLEGATIONS OF SYSTEMATIC RACIAL
DISCRIMINATION: HOSTILE ENVIRONMENT
28. Named Plaintiff Rodney Gooch has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN for
over 20 years. Gooch has performed his duties and fulfilled his responsibilities in a
satisfactory manner. However, Gooch has been adversely affected by the challenged
systematic practices and pattern of racial discrimination by being subjected to a racially
hostile environment.
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29. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Gooch. For example, in
February 2007, racist comments were made to Gooch and another African-American
employee when it was raining outside. The white co-worker said, “Hey, you don’t have
to worry, because it won’t wash your spots away!” Also, in February 2007, a working
foreman said to Gooch, “During Black History Month where I come from, we hang
people!” Gooch reported these comments to management (including the CEO)of NES
and attorneys, and no action has been taken to prevent such harassment. Further, in
September 2007, Gooch witnessed ahangman’s noosearound the neck of a dark-skinned
training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children in Louisiana. Since the filing of his
EEOC charge Gooch has experienced other racially hostile incidents.
30. As a result of such hostile environment, Gooch has suffered extreme harm.
31. Named Plaintiff Rodney Gross has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN for
over 26 years. Gross has performed his duties and fulfilled his responsibilities in a
satisfactory manner. However, Gross has been adversely affected by the challenged
systematic practices and pattern of racial discrimination by being subjected to a racially
hostile environment.
32. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Gross. For example, in
September 2007, Gross witnessed a hangman’s noose around the neck of a dark-skinned
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training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children in Louisianna.
33. As a result of such hostile environment, Gross has suffered extreme harm.
34. Named Plaintiff Lawanna Lusk has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from approximately 1986 until the present. Husk has performed her duties and fulfilled
his responsibilities in a satisfactory manner. However, Lusk has been adversely affected
by the challenged systematic practices and pattern of racial discrimination by being
subjected to a racially hostile environment.
35. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Lusk. For example, in
September 2007, Lusk witnessed a hangman’s noosearound the neck of a dark-skinned
training dummy behind the Donelson Center (an NES facility). This noose was hung
during the controversy surrounding the “Jena Six” case regarding hangman’s nooses
being used to intimidate African-American school children in Louisiana. Lusk reported
this incident to the manager of the Donelson Center, however, after an investigation the
perpetrators were only suspended for three days each and the white employees in an act
of defiance and racial solidarity took up money for these suspended individuals so that
they did not lose any pay. Shortly after this incident, Lusk’s car was vandalized and the
area that she had to clean had trash and tobacco spit placed directly in them. Further,
bathrooms that Lusk was required to clean were vandalized and flooded, leaving her to
dispose of and clean standing toilet water.
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36. As a result of such hostile environment, Lusk has suffered extreme harm.
37. Named Plaintiff Leondra Shepard has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from approximately 1994 until the present. Shepard has performed his duties and
fulfilled his responsibilities in a satisfactory manner. However, Shepard has been
adversely affected by the challenged systematic practices and pattern of racial
discrimination by being subjected to a racially hostile environment.
38. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Shepard. For example,
Shepard has heard racial slurs and innuendo during his employment by supervisors and
co-workers. Shepard has been called “COON”,“NIGGER”,and “COLORED BOY”
on numerous occasions. Further, in September 2007, a hangman’s noose was found
around the neck of a dark-skinned training dummy inthe Donelson Center (an NES
facility). This noose was hung during the controversy surrounding the “Jena Six” case
regarding hangman’s nooses being used to intimidate African-American school children
in Louisiana.
39. As a result of such hostile environment, Shepard has suffered extreme harm.
40. Named Plaintiff Gregory Irvin has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from 1980 until the present. Irvin has performed his duties and fulfilled his
responsibilities in a satisfactory manner. However, Irvin has been adversely affected by
the challenged systematic practices and pattern of racial discrimination by being
subjected to a racially hostile environment.
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41. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Irvin. For example, in
September 2007, a hangman’s noose was found around the neck of a dark-skinned
training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children in Lousiana. Irvin has heard white co-
workers saying“NIGGER” and “You Boys Should Be Glad You Work Here!” Irvin
has also witnessed white co-workers wearing CONFEDERATE headbands/bandanas
and cars with CONFEDERATE FLAGS on them.
42. As a result of such hostile environment, Irvin has suffered extreme harm.
43. Named Plaintiff Nicholas Williams has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from 2000 to present. Williams has performed his duties and fulfilled his responsibilities
in a satisfactory manner. However, Williams has been adversely affected by the
challenged systematic practices and pattern of racial discrimination by being subjected to
a racially hostile environment.
44. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Williams. For example, in
September 2007, a hangman’s noose was found around the neck of a dark-skinned
training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children in Louisiana. Williams has also heard
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racial slurs and racial innuendo during his employment from co-workers and supervisors.
( Could not get in touch with him)
45. As a result of such hostile environment, Williams has suffered extreme harm.
46. Named Plaintiff Ontonio Barbour is an employee at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN.
Barbour has performed his duties and fulfilled his responsibilities in a satisfactory
manner. However, Barbour has been adversely affected by the challenged systematic
practices and pattern of racial discrimination by being subjected to a racially hostile
environment.
47. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Barbour. For example, during
his employment white employees have referred to him and other African-American
employees as “NIGGER”.Further, Barbour has witnessed the word “NIGGER”being
written on the bathroom walls. Lastly, Barbour has witnessed white employees wearing
CONFEDERATE headbands and tattoos while at work. These employees were never
disciplined by NES management. (did not get in touch with him)
48. As a result of such hostile environment, Barbour has suffered extreme harm.
49. Named Plaintiff Orcenta Seay has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN for
approximately 23 years. Seay has performed his duties and fulfilled his responsibilities
in a satisfactory manner. However, Seay has been adversely affected by the challenged
systematic practices and pattern of racial discrimination by being subjected to a racially
hostile environment.
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50. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Gross. For example, in
September 2007, a hangman’s noose was found around the neck of a dark-skinned
training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children in Lousiana. Seay has also noticed white
employees wearing CONFEDERSTE FLAGS on their personal clothing such as
headbands, tattoos and license plates. These employees were never disciplined by NES
management.
51. As a result of such hostile environment, Seay has suffered extreme harm.
52. Named Plaintiff Marvin Sain has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from 1998 to present. Sain has performed his duties and fulfilled his responsibilities in a
satisfactory manner. However, Sain has been adversely affected by the challenged
systematic practices and pattern of racial discrimination by being subjected to a racially
hostile environment.
53. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Sain. For example, in
September 2007, a hangman’s noose was found around the neck of a dark-skinned
training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children in Louisiana. Sain has also heard racial
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slurs and racial innuendo during his employment from co-workers and supervisors. (did
not get in touch with him).
54. As a result of such hostile environment, Sain has suffered extreme harm.
55. Named Plaintiff Walter Cater has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from 1977 to present. Cater has performed his duties and fulfilled his responsibilities in a
satisfactory manner. However, Cater has been adversely affected by the challenged
systematic practices and pattern of racial discrimination by being subjected to a racially
hostile environment.
56. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Cater. For example, in
September 2007, a hangman’s noose was found around the neck of a dark-skinned
training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children. Cater has heard co-workers repeatedly
make “NIGGER” and “COON” jokes!
57. As a result of such hostile environment, Cater has suffered extreme harm.
58. Named Plaintiff Eric Reed has been employed at The Metropolitan Government
of Nashville and Davidson County, Tennessee and NES in Nashville, TN from 1988 to
present. Reed has performed his duties and fulfilled his responsibilities in a satisfactory
manner. However, Reed has been adversely affected by the challenged systematic
practices and pattern of racial discrimination by being subjected to a racially hostile
environment.
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59. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racially hostile environment has adversely affected Reed. For example, in
September 2007, a hangman’s noose was found around the neck of a dark-skinned
training dummy in the Donelson Center (an NES facility). This noose was hung during
the controversy surrounding the “Jena Six” case regarding hangman’s nooses being used
to intimidate African-American school children in Louisiana. Reed has also heard racial
slurs and racial innuendo during his employment from co-workers and supervisors. (did
not get in touch with him)
60. As a result of such hostile environment, Reed has suffered extreme harm.
B. FACTS SUPPORTING ALLEGATIONS OF SYSTEMATIC RACIAL
DISCRIMINATION: PROMOTING NES AFRICAN-AMERICAN EMPLOYEES
61. Named Plaintiff Leondra Shepard has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from approximately 1994 until the present. He is currently a System Operator. During
his employment, Shepard has performed his duties and fulfilled his responsibilities in a
satisfactory manner. Shepard has been adversely affected by the challenged systematic
practices and pattern of racial discrimination by not being able to learn about or compete
for employment opportunities in traditionally white job classifications; by being required
to work in conditions in which he and other members if his race were demeaned by being
required to work under discriminatory terms and conditions of employment, including
being required to endure racial hostilities directed to himself and members of his race.
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62. The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES’s discriminatory selection procedures have adversely affected
Shepard. Shepard has informed his supervisors that he was interested in training and
being promoted to positions. Moreover, The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES has routinely promoted white employees to vacant
positions over African-American employees of comparable or more extensive experience.
For example, on or about October 2007, Shepard was denied a promotion in which he
was qualified. Nevertheless, the position was given to Troy Davis, a white employee,
who was equally or less qualified than Shepard.
63. As a result of such discriminatory actions, Shepard has suffered extreme harm.
64. Named Plaintiff Rodney Gross, Sr. is employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
over 26 years. He is currently working as a Line Tech III. During his employment,
Shepard has performed his duties and fulfilled his responsibilities in a satisfactory
manner. Gross has been adversely affected by the challenged systematic practices and
pattern of racial discrimination by not being able to learn about or compete for
employment opportunities in traditionally white job classifications; by being required to
work in conditions in which he and other members if his race were demeaned by being
required to work under discriminatory terms and conditions of employment, including
being required to endure racial hostilities directed to himself and members of his race.
65. As a result of such discriminatory actions, Gross has suffered extreme harm.
66. Named Plaintiff Maurice Gooch is employed at The Metropolitan Government
of Nashville and Davidson County, Tennessee and NES in Nashville, TN over 25 years.
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He is currently working as a __________________. During his employment, Shepard
has performed his duties and fulfilled his responsibilities in a satisfactory manner. Gooch
has been adversely affected by the challenged systematic practices and pattern of racial
discrimination by not being able to learn about or compete for employment opportunities
in traditionally white job classifications; by being required to work in conditions in which
he and other members if his race were demeaned by being required to work under
discriminatory terms and conditions of employment, including being required to endure
racial hostilities directed to himself and members of his race.
67. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Gooch. Gooch has
informed his supervisors that he was interested in training and being promoted to
positions. Moreover, The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES have routinely promoted white employees to vacant positions over
African-American employees of comparable or more extensive experience. For example,
on or about January 23, 2007, Gooch was informed that was not selected for the utility
supervisor position despite that he had been working as utility supervisor for the previous
seven years without the title or pay.
68. As a result of such discriminatory actions, Shepard has suffered extreme harm.
69. Named Plaintiff Gregory Irvin is employed at The Metropolitan Government of
Nashville and Davidson County, Tennessee and NES in Nashville, TN from 1980 to
present. He is currently working as a Safety Equipment Tester II. During his
employment, Irvin has performed his duties and fulfilled his responsibilities in a
satisfactory manner. Irvin has been adversely affected by the challenged systematic
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practices and pattern of racial discrimination by not being able to learn about or compete
for employment opportunities in traditionally white job classifications; by being required
to work in conditions in which he and other members if his race were demeaned by being
required to work under discriminatory terms and conditions of employment, including
being required to endure racial hostilities directed to himself and members of his race.
70. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Irvin. Irvin has
informed his supervisors that he was interested in training and being promoted to
positions. Moreover, The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES have routinely promoted white employees to vacant positions over
African-American employees of comparable or more extensive experience. For example,
on or about June 2007, Irvin was denied a promotion to the position of Street Lighting
Supervisor even though he was qualified by his experience and 17 years that he had been
working in the Street Lighting Department. This and many other instances of Irvin being
denied promotions has discouraged him from applying to positions in which he knows
that he is qualified.
71. As a result of such discriminatory actions, Irvin has suffered extreme harm.
72. Named Plaintiff Nathanial Claybrooks is employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
from 2007 to present. Claybrooks had been previously hired in August 2006 and fired in
January 2007 because of alleged performance issues. He is currently working as a Meter
Reader. During his employment, Claybrooks has performed his duties and fulfilled his
responsibilities in a satisfactory manner. Claybrooks has been adversely affected by the
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challenged systematic practices and pattern of racial discrimination by not being able to
learn about or compete for employment opportunities in traditionally white job
classifications; by being required to work in conditions in which he and other members if
his race were demeaned by being required to work under discriminatory terms and
conditions of employment, including being required to endure racial hostilities directed to
himself and members of his race.
73. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Claybrooks.
Claybrooks has informed his supervisors that he was interested in training and being
promoted to positions. Moreover, The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES have routinely promoted white employees to
vacant positions over African-American employees of comparable or more extensive
experience. For example, Claybrooks was initially hired by NES in August 2006 but
fired in January 2007 because of alleged performance issues. Claybrooks, after disputing
his termination on the grounds of improper training, was re-hired in March 2007 at a
lower position and wage. Further, around October and December 2007, he applied for
higher pay and responsibility jobs and was not considered even though he met the facial
qualifications set forth by the job descriptions. These positions were awarded to less
qualified white employees.
74. As a result of such discriminatory actions, Claybrooks has suffered extreme harm.
75. Named Plaintiff Orcenta Seay has been employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN for
approximately 23 years. He is currently working as a ________________. During his
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employment, Seay has performed his duties and fulfilled his responsibilities in a
satisfactory manner. Seay has been adversely affected by the challenged systematic
practices and pattern of racial discrimination by not being able to learn about or compete
for employment opportunities in traditionally white job classifications; by being required
to work in conditions in which he and other members if his race were demeaned by being
required to work under discriminatory terms and conditions of employment, including
being required to endure racial hostilities directed to himself and members of his race.
76. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Seay. Seay has
informed his supervisors that he was interested in training and being promoted to
positions. Moreover, The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES have routinely promoted white employees to vacant positions over
African-American employees of comparable or more extensive experience. For example,
around March 2007, Seay was denied promotion to a position of Pole
Foreman/Supervisor. Seay was ranked Number 2 (two) on the list of qualified applicants;
however, the position was given to Mark Whittey, a white employee who was not as
qualified for the position as Seay. Moreover, the decision to select the white employee
was made by all white decision-makers.
77. As a result of such discriminatory actions, Seay has suffered extreme harm.
78. Named Plaintiff Walter Cater is employed at The Metropolitan Government of
Nashville and Davidson County, Tennessee and NES in Nashville, TN and has been from
1977 to present. He is currently working as a Lineman working foreman in Work Center
9300. During his employment, Cater has performed his duties and fulfilled his
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responsibilities in a satisfactory manner. Cater has been adversely affected by the
challenged systematic practices and pattern of racial discrimination by not being able to
learn about or compete for employment opportunities in traditionally white job
classifications; by being required to work in conditions in which he and other members if
his race were demeaned by being required to work under discriminatory terms and
conditions of employment, including being required to endure racial hostilities directed to
himself and members of his race.
79. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Cater. Cater has
informed his supervisors that he was interested in training and being promoted to
positions. Moreover, The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES have routinely promoted white employees to vacant positions over
African-American employees of comparable or more extensive experience. For example,
around December 2007, Cater was denied a promotion to the position of Line Supervisor.
Cater had worked as a Lineman and then a Lineman Working Foreman for approximately
26 years. This and many other instances of Cater being denied promotions has
discouraged him from applying to positions in which he knows that he is qualified.
80. As a result of such discriminatory actions, Cater has suffered extreme harm.
81. Named Plaintiff Eric Reed is employed at The Metropolitan Government of
Nashville and Davidson County, Tennessee and NES in Nashville, TN and has been from
1988 to present. He is currently working as a Lineman working foreman and has been so
for approximately 8 (eight) years. During his employment, Reed has performed his
duties and fulfilled his responsibilities in a satisfactory manner. Reed has been adversely
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affected by the challenged systematic practices and pattern of racial discrimination by not
being able to learn about or compete for employment opportunities in traditionally white
job classifications; by being required to work in conditions in which he and other
members if his race were demeaned by being required to work under discriminatory
terms and conditions of employment, including being required to endure racial hostilities
directed to himself and members of his race.
82. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Reed. Reed has
informed his supervisors that he was interested in training and being promoted to
positions. Moreover, The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES have routinely promoted white employees to vacant positions over
African-American employees of comparable or more extensive experience. For example,
around November 2007, Reed was denied a promotion to the Supervisor even though he
qualified by his experience and years of service. This and many other instances of Reed
being denied promotions has discouraged him from applying to positions in which he
knows that he is qualified.
83. As a result of such discriminatory actions, Reed has suffered extreme harm.
84. Named Plaintiff Rosalyn McKissack is employed at The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES in Nashville, TN
and has been for the last 25 years. She is currently working as a Documentation
Specialist. During her employment, McKissack has performed her duties and fulfilled
her responsibilities in a satisfactory manner. McKissack has been adversely affected by
the challenged systematic practices and pattern of racial discrimination by not being able
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to learn about or compete for employment opportunities in traditionally white job
classifications; by being required to work in conditions in which he and other members if
her race were demeaned by being required to work under discriminatory terms and
conditions of employment, including being required to endure racial hostilities directed to
herself and members of her race.
85. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected McKissack.
McKissack has informed her supervisors that she was interested in training and being
promoted to positions. Moreover, The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES have routinely promoted white employees to
vacant positions over African-American employees of comparable or more extensive
experience. For example, on or about September 11, 2007, McKissack applied to be
promoted to Senior Clerk II-NES Field Services Section. She was in the top five
selectable range, over 30 years of clerical experience, received positive feedback during
the interview process, had seniority over the other applicants and passed all of the
required tests. However, on or about December 7, 2007 she was informed that two other
applicants had been given the position.
86. As a result of such discriminatory actions, Irvin has suffered extreme harm.
87. Named Plaintiff Marcus Ivey is employed at The Metropolitan Government of
Nashville and Davidson County, Tennessee and NES in Nashville, TN and has been for
over twenty-years (20). He is currently working as a Line Technician III. During his
employment, Ivey has performed his duties and fulfilled his responsibilities in a
satisfactory manner. Ivey has been adversely affected by the challenged systematic
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practices and pattern of racial discrimination by not being able to learn about or compete
for employment opportunities in traditionally white job classifications; by being required
to work in conditions in which he and other members if his race were demeaned by being
required to work under discriminatory terms and conditions of employment, including
being required to endure racial hostilities directed to himself and members of his race.
88. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Ivey. Ivey has
informed his supervisors that he was interested in training and being promoted to
positions. Moreover, The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES have routinely promoted white employees to vacant positions over
African-American employees of comparable or more extensive experience. For example,
around September 2007, Ivey was denied a promotion to Street Light Supervisor even
though he was qualified for the position.
89. As a result of such discriminatory actions, Ivey has suffered extreme harm.
C. FACTS SUPPORTING ALLEGATIONS OF SYSTEMATIC RACIAL
DISCRIMINATION: HIRING PRACTICES
90. Named Plaintiff Damien Morgan has applied for several meter reading positions
with The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES in December 2007. Morgan has been adversely affected by the challenged
systematic practices and pattern of racial discrimination by not being able to get hired,
learn about or compete for employment opportunities at NES because of his race.
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91. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Morgan. For
example, in December 2007 during the time he had applied for several The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES meter reading
positions, he had scored 100 on the test for the position and 14 months of meter reading
experience that had accrued while working at Memphis Lights, Gas and Water; however
he was not hired. Morgan was later informed that white employees with less experience
had been hired to fill these positions.
92. As a result of such discriminatory actions, Morgan has suffered extreme harm.
93. Named Plaintiff Chaz Irvin applied for a Utility Worker position with The
Metropolitan Government of Nashville and Davidson County, Tennessee and NES in
October 2007. Irvin has been adversely affected by the challenged systematic practices
and pattern of racial discrimination by not being able to get hired, learn about or compete
for employment opportunities at The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES because of his race.
94. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s discriminatory selection procedures have adversely affected Irvin. For example, in
October 2007 after interviewing for the Utility Worker position, Irvin was informed that
there were several jobs available for him to fill. Irvin never heard back from The
Metropolitan Government of Nashville and Davidson County, Tennessee and NES
regarding the position that he interviewed for or any of the positions that were shown to
him as being available.
95. As a result of such discriminatory actions, Irvin has suffered extreme harm.
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96. Named Plaintiff Robert Johnson, for the last 26 years, has made numerous
attempts to gain employment with The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES.
97. As a result of such discriminatory actions, Johnson has suffered extreme harm.
98. Named Plaintiff Tony Adkins, since approximately 1989 has made numerous
attempts to gain employment with The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES with no success. For example, in September 2007
Adkins was denied the position as a Utility Worker. Further, Adkins has applied for
several Meter Reading positions; however, Adkins was denied to take the test for the
Meter Reader position. Adkins persisted in questioning the reasoning for his denial to
take the Meter Reader test. After Adkins questioned The Metropolitan Government of
Nashville and Davidson County, Tennessee and NES he was allowed to take the test and
scored in the 98% (percentile) for several meter reading jobs. Adkins has interviewed on
three (3) occasions with The Metropolitan Government of Nashville and Davidson
County, Tennessee at NES. There was an all white decision-making panel for two (2)
interviews and on one an African-American whom was interested in hiring Adkins was
allowed to sit in. However, the African-American panel member was removed from the
panel and from being supervisor.
CLAIMS FOR NOMINAL, COMPENSATORY AND PUNITIVEDAMAGES PURSUANT TO 23(B) (3)
99. The common issue of fact and law affecting the claims of the named plaintiff and
proposed class members, including, but not limited to, the common issues identified in
paragraphs 65-84 above, predominated over any issues affecting only individual claims.
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100. A class action is superior to other available means for the fair and efficient
adjudication of the claims of the named plaintiffs and members of the punitive class.
101. The cost of proving The Metropolitan Government of Nashville and Davidson
County, Tennessee and NES pattern or practice of discrimination makes it impractical for
the named plaintiff and me members of the proposed class to prosecute their claims
individually.
V. CLASS CERTIFICATION
102. Racially discriminatory treatment is manifested by such policies and/or patterns or
practices that deny African-American applicants positions with the companies and
African American employees desirable job assignments, promotional opportunities and
training, and other benefits and conditions of employment on the same terms applied to
white employees. In particular, each defendant deters African-American employees
and/or applicants from hiring or current employees from seeking promotions and
desirable job assignments; fails to select and/or train African-Americans for desirable job
assignments; ignores, and in some cases actively supports, racist comments, racist jokes,
and racist behavior among its employees; and fails to enforce policies prohibiting racial
discrimination.
103. This action in part seeks to enjoin the defendant from pursuing specific illegal
policies and/or practices that have injured and continue to injure plaintiffs and other
African American employees and/or applicants for employment opportunities in all
aspects of Defendants’ employment operations. The defendant has created and
maintained a system-wide employment policy of race-based disparate treatment and
impact, which limits the employment opportunities for African-Americans in various
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aspects of defendants’ employment operation including, but not limited to job selections,
training and other terms and conditions of employment.
104. The Plaintiffs seek certification of a class of African-American applicants and
employees who were adversely affected by the racially discriminatory employment
practices at The Metropolitan Government of Nashville and Davidson County, Tennessee
and NES in Nashville, TN.
A. CLASS DEFINITION AND COMMON QUESTIONS OF LAW AND FACT
105. The African-American named Plaintiffs, Rodney Gooch, Leondra Shepard,
Rodney Gross, Lawanna Husk, Maurice Gooch, Gregory Irvin, Nicholas Williams,
Rosalyn McKissack, Marcus Ivey, Chaz Irvin, Ontonio Barbour, Richard Bryant,
Nathanial Claybrooks, Orcenta Seay, Marvin Sain, Walter Cater, Eric Reed, and Damien
Morgan bring claims on their own behalf and on behalf of a class against The
Metropolitan Government of Nashville and Davidson County, Tennessee and NES. That
class consists of African-Americans who have been subject to one or more aspects of the
systematic racial discrimination in The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES hiring and promotion procedures described in the
class claims of this Complaint which include 1) The Metropolitan Government of
Nashville and Davidson County, Tennessee and NES selection procedures and
compensation, 2) racially hostile working environment, reputation and working
conditions, and 3) unequal terms and conditions of employment. The prosecution of the
claims of the named plaintiffs require adjudication of the question common to the
putative class: whether the Defendants, The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES, have engaged in systematic racial discrimination
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in its hiring selection for promotion and compensation practices and the terms and
conditions of work and employment in a manner made unlawful by the statutes under
which this action is brought.
106. The claims of the named plaintiffs are embedded in common questions of law and
fact because defendants The Metropolitan Government of Nashville and Davidson
County, Tennessee and NES has: 1) prevented African-Americans from learning about or
competing for opportunities in jobs traditionally held by white employees; 2) precluded
or delayed their hiring and promotion into such jobs; and 3) subjected African-American
employees to adverse terms and conditions of employment.
B. TYPICALITY OF RELIEF SOUGHT
107. The relief necessary to remedy the claims of the named plaintiffs is the same as
that necessary for the class. Such plaintiffs seek the following relief for their individual
claims and those of the class: 1) a declaratory judgment that the defendants, The
Metropolitan Government of Nashville and Davidson County, Tennessee and NES, has
engaged in systematic racial discrimination in limiting the employment opportunities of
African-American to lower classifications; 2) a permanent injunction against continuing
discrimination; 3) restructuring of said defendants’ selection procedures sp that African-
Americans are able to learn about and fairly compete in the future for better
classifications, compensation levels, and terms and conditions of employment
traditionally enjoyed by white employees; 4) restructuring of defendants’ workforce so
that African Americans are assigned to the classifications, locations and compensation
levels they would have now hold in the absence of the defendants The Metropolitan
Government of Nashville and Davidson County, Tennessee and NES past racial
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discrimination; and 5) damages, back pay and other equitable remedies necessary to
make the African American named plaintiffs and the class they seek to represent whole
from defendants’, The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES, past discrimination.
C. NUMERIOSITY AND IMPARACTICABLITY OF JOINDER
108. The persons whom the named plaintiffs seek to represent are too numerous to
make joinder practicable. The proposed class consists of more than one hundred former,
current, and future African-American applicants and employees who have been, are, or
will be employed at The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES in Nashville, Tennessee. Defendants The Metropolitan Government
of Nashville and Davidson County, Tennessee and NES pattern and practice of racial
discrimination also makes joinder impracticable by discouraging African-Americans
from applying or pursuing employment opportunities, thereby making it impractical and
inefficient to identify many members of the class prior to determination of the merits of
such defendant’s class wide liability.
D. ADEQUACY OF REPRESENTATION
109. The namedplaintiffs’ interests are coextensive with those of the class in that each
seeks to remedy The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES discriminatory employment practices so that racially hostile
conditions of work will be eradicated and African-Americans will no longer be
segregated in unequal positions and prevented from obtaining management and other
more desirable positions. Such named plaintiffs are able and willing to represent the
class fairly and vigorously, as they pursue their common goals through this action.
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Plaintiffs’ counsel are also qualified, experience, and able to conduct the litigation and to
meet the time and fiscal demands required to litigate an employment discrimination class
action of this size and complexity. The combined interest, experience and resources of
the Plaintiffs and their counsel to litigate competently the individual and class claims of
race-base employment discrimination at issue, satisfy the adequacy of representation
requirement of Federal Rule of Civil Procedure 23(a)(4).
E. EFFICIENCY OF CLASS PROSECUTION OF COMMON CLAIMS
110. Certification of a class of similarly situated African-Americans is the most
efficient and economical means of resolving the questions of law and fact that are
common to the individual claims of the named plaintiffs and the putative class they seek
to represent. The individual claims of the named plaintiffs require resolution of the
common question of whether The Metropolitan Government of Nashville and Davidson
County, Tennessee and NES have engaged in a systematic pattern of racial discrimination
against African-Americans. Such plaintiffs seek remedies to undo the adverse effects of
such discrimination in their own lives, careers and working conditions and to prevent
continued racial discrimination in the future. They have standing to seek such relief in
part because the adverse effect that racial discrimination against African-Americans has
had on their own interest in working and living conditions free from the pernicious
effects of racial bias and hostility. In order to gain such relief for themselves, as well as
for the putative class members the named plaintiffs must first establish the existence of
systematic racial discrimination as the premise of the relief they seek. Without class
certification, the same evidence and issues would be subject to repeated re-litigation in a
multitude of individual lawsuits with an attendant risk of inconsistent adjudications and
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conflicting obligations. Certification of the class of African Americans affected by the
common question of law and fact is the most efficient and judicious means of presenting
evidence and argument necessary to resolve such questions for the named plaintiffs, the
putative class and the defendant. Such plaintiffs’ individual and class claims are
premised upon the traditional bifurcated method of proof and trial for disparate impact
and systematic disparate treatment claims of the type at issue in this Complaint. A
bifurcated method of proof and trial is the most efficient method of resolving such
common issues.
F. CERTIFICATION IS SOUGHT PURSUANT TO FED.R.CIV.P. 23(b)
111. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES have acted on grounds generally applicable to the class by adopting and following
systematic practices and procedures which are racially discriminatory.
112. The Metropolitan Government of Nashville and Davidson County, Tennessee and
NES’s racial discrimination is their standard operating procedure rather than a sporadic
occurrence. Such defendants have refused to act on grounds generally applicable to the
class by refusing to adopt or follow selection procedures which do not have disparate
impact or otherwise do not systematically discriminate against African-Americans and by
refusing to establish conditions of work that are not hostile to African-Americans. Their
systematic discrimination and refusal to act on grounds that are not racially
discriminatory have made appropriate final injunctive relief and corresponding
declaratory relief with respect to the putative class as a whole.
113. Injunctive and declaratory relief are the predominant relief sought because they
are both the culmination of the proof of the defendants’individual and class-wide
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liability at the end of Stage 1 of the bifurcated trial and the essential predicate for the
named plaintiffs’ and putative class members’ entitlement to equitable remedies and legal
relief at Stage II of such trial. Declaratory and injunctive relief flow directly and
automatically from proof of the common question of law and fact regarding the existence
of systematic racial discrimination against African-Americans. Such relief is the factual
and legal predicate for the named plaintiffs’ and the putative class members’ entitlement
to equitable remedies for individual losses caused by such systematic discrimination.
PRAYER FOR RELIEF AGAINST METROPOLITAN GOVERNMENTOF NASHVILLEDAVIDSON COUNTY, TENNESSEE AND NES
114. Wherefore, Rodney Gooch on behalf of himself and the class members whom he
seeks to represent request the following relief:
a. Acceptance of jurisdiction of this cause;
b. Certification of the case as a class action maintainable under Federal Rules of Civil
Procedure Rule 23 (a) and (b), on behalf of the proposed plaintiff class, and designation
of the Plaintiff as representatives of the class and their counsel of record as class counsel;
c. A declaratory judgment that The Metropolitan Government of Nashville and Davidson
County, Tennessee and NES employment practices challenged herein are illegal and in
violation of Title VII and 42 U.S.C. section 1981;
d. A temporary and permanent injunction against The Metropolitan Government of
Nashville and Davidson County, Tennessee, NES their partners, officers, owners, agents,
successors, employees, representatives and any and all persons acting in concert with
them, from engaging in any further unlawful practices, polices, customs, usage, racial
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discrimination and retaliation by The Metropolitan Government of Nashville and
Davidson County, Tennessee and NES set forth herein;
e. An order requiring The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES to initiate and implement programs that provide (i) equal
employment opportunities for African American employees; (ii) remedy the effect of The
Metropolitan Government of Nashville and Davidson County, Tennessee and NES past
and present unlawful employment practices; and (iii) eliminate the continuing effects of
the discriminatory practices described above;
f. An order requiring The Metropolitan Government of Nashville and Davidson County,
Tennessee and NES to initiate and implement systems of hiring of African American
employees in a nondiscriminatory manner.
g. An order establishing a task force on equality and fairness to determine the
effectiveness if the programs described in (e) and (f), above, which would provide for (i)
the monitoring, reporting, and retaining of jurisdiction to endure equal employment
opportunity, (ii) the assurance that injunctive relief is properly implemented, and (iii) a
quarterly report setting forth information relevant to the determination of the
effectiveness of the programs described in (e) and (f), above;
h. An order awarding Gooch and the class he seeks to represent to those jobs they would
now be occupying but for The Metropolitan Government of Nashville and Davidson
County, Tennessee and NES discriminatory practices;
i. An award of back pay; front pay; lost of benefits; preferential rights to jobs, and other
equitable relief for Gooch and the class he seeks to represent;
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