logsden, ronald v iowa city - complaint - 2009-07-21

8/8/2019 Logsden, Ronald v Iowa City - Complaint - 2009-07-21

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IN THE STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF IOWADAVENPORT DIVISION

Plaintiff,)))))))))

Case No. CV'09-108RONALD D. LOGSDEN,

vs. COMPLAINT AN DEMAFOR JURY TRIALCITY OF IOWA CITY,Defendant.

COMES NOW plaintiff, Ronald D. Logsden, by and through counsel,Thomas E. Maxwell and Leff Law Firm, L.L.P.; 222 South Linn Street,P.O. Box 2447, Iowa ty, Iowa 52244 - 244 7; Telephone: 319/338-7551;Facsimile: 319-338-6902; e-mail: maxwell(Qlefflaw.com; and for hiscause of action against defendant, City of Iowa City, states asfollows:

PARTIES

1. Plaintiff, Ronald D. Logsden (ULogsden"), is an individualresiding in Iowa City, Johnson County, Iowa.

2. Defendant of Iowa city ("Cityll), io a municipalcorporation located in Johnson County, Iowa.

JUISDICTION3. This civil action arises inter alia under 42 U.S.C. 12101

et seg. and 29 U.8.C. 794. The court h.as or SUpplellental

Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 1 of 21


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j sdiction of the state court claims as these claims arise out of anucleus of operatthis complaint.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

facts common to the federal law claims raised

4. Logsden served as the City's Transit Manager in City'sParking and Transit Department from May 1994 to July 2008.

5. In 1998, while employed by the City, Logsden received a 30%allergy induced asthma disability rating and 10% chronic sinusitisdisability rating, for a total disability rating of 40%, from theVeterans Administration (VA). The City was aware of the VA's rating.

6. On January 16, 2008, Logsden suffered a heart attack atwork causing him to be absent from work for a period of time.

7. Logsden was subsequently diagnosed with reactive airwaysdysfunction syndrome, nonischemic dilated cardiomyopathy ( heartfailure with a 30% ejection fraction), fixed airway obstruction andallergy induced asthma.

8. In or around Spring 2008, Logsden's supervisor, Parking andTransi t Director Joe Fowler, notified the City of his retirementeffective July I, 2008.

9. On or around June 2008, the City appointed the ParkingManager, Chris 0' Brien, as acting Parking and Transit Director.

10. In May 2008, Logsden responded to the City's internalposting for the position of Parking and Transit Director and applied

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11 . The ci ty did not interview Logsden, or any othercandidates, for the Parking and Trans Director position.

12. The City terminated Logsden's emploYment on July II, 2008.13. After the City terminated Logsden's emploYment on 11,2008, Chris 0' Brien, act Parking and Director, made a

proposal to the City Manager on July 16, 2008, to reorganize theDepartment of Parking and Transit into the Department ofTransportation Services. s reorganization would eliminate thepositParking

of Parking and Transit Director, Transit Manager, andManager, and instead, create two new positions:

Transportat Services and Transportation ServicesAssociate Director.

14. The City Council approved the reorganization of theDepartment of Parking and Transit on October 9, 2008 and the CiManager appointed Chris 0' Brien as Transportation Services Directoreffective October 13, 2008.

15. Logsden responded to the City's October 23, 2008 posting ofthe Transportation Services Associate Director position and appliedfor the job.

16. In December 2008, Chris 0' Brien informed Logsden that he

would not be interviewed for the posit Transportation ServicesAssociate Director.17. At all times material to this suit, Logsden has been a

qualified individual with a disability within the meaning of 42U.S.C. 12111 (8) , Iowa Code Ch. 216, and Section 504 of the

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li tat Act as a result of actual disabil arecord of sabil , or regarded as sabled.

18. Logsden's disabil significantly limited hisbreathe, work, walk and perform manual tasks.

to19. At all t material to this suit, Logsden was

with or without accommodation, of performing the essential functionsof the pos ions of Transit Manager, Parking and Transit Director andTransportation Services Associate Director.

20. As a result of Logsden's condition, he made a request toCity for a reasonable accommodation.

21. At all times relevant to this action City was an employerwithin the meaning of 42 U.S.C. 12111(5) and Iowa Code 216.2(7).

22. At all times relevant to this action, City engaged orparticipated programs or activities that recei ved federalfinancial assistance within the meaning of Section 504 of theRehabili tation Act.

23. On November 25, 2008, Logsden timely filed a complaint ofdiscrimination with the Iowa Civil Rights Commission which was cross-filed with the Equal EmploYment Opportunity Commission. (ExhibitUA", attached hereto and incorporated herein by this reference, is a

true and correct copy of said complaint.)24. Logsden thereafter requested and received Notices of Right

to Sue from the Iowa Civil Rights Commission, and from the EqualEmploYment Opportunity Commission. (Exhibits UB" and "C" ,respectively, attached hereto and by

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reference, are true and correct copies of not s or letters ofRight to Sue.)

25. Logsden has exhausted all administrat remedies and spetition is f ed ninety (90) days of the issuance and receiptof the Notice of Right to Sue.

COUNT I. - DISABILITY DISCRIMINATION - ACTUAL DISABILITY(42 U.S.C. 12101 ET. SEQ.- AMERICANS WITH DISABILITIES Z1.CT)26. Logsden repleads the allegations of paragraphs 1 through 25

of Peti tion as though ful set forth here27. ty's termination of Logsden s employment because of

phys sab i 1 consti tuted illegal scrimination against aqualified individual with a disabil and therefore violated 42U.S.C. 12112.

28. Beginning on or about April 2008, and at all timesmade no effort and failed to accommodate , s

disabili ty, all violation of 42 U.S.C. 12112 (5) (5).29. City's failure to interview or hire Logsden for Parking and

Transit Director and for Transportation Services Associate Directorwere in violation of the 42 U.S.C. 12101.

30. As a proximate result of City's unlawful discrimination

Logsden due t.o the loss ofand other employment benefits, both past and future, and due toemotional distress, suffering, mental anguish, and loss of enj oymentof life.

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WHEREFORE 1 iff, Ronald D. Logsden, respectful prays forjudgment against defendant, City of Iowa as follows:

A. Damages for his lost wages and employment benefits todate and the future iB. Compensatory damages in an amount which reasonablyand adequately compensates him for his losses iC. Attorney's fees and the costs of this action; andD. Such other and further equi table rel f as the court

deems proper.

COUNT II. - DISABILITY DISCRIMINATION -REGARDED AS DISABLED(4:2 U.S.. 12101 ET. 8EQ. - AMERIC~~S WITH DISABILI~IES ACT)31. Logsden repleads the allegations of paragraphs 1 through 30

of this Petition as though fully set forth herein.32. At all times material to this Petition, City regarded

Logsden as having a physical impairment.33. ty's termination of Logsden's employment because

regarded him as having a physical impairment constituted illegaldiscrimination in violation of 42 U.S.C. 12112.

34. City's failure to interview or hire Logsden for the Parkingand Transit Director position and the Transportation ServicesAssociate Director position because it regarded Logsden as disabledconstituted illegal discrimination in violation of 42 U. S. C. 12112.

35. As a proximate result of City's unlawful discriminationagainst Logsden, Logsden has sustained damages due to his loss ofwages and other emploYment benefits, both past and future, and due to

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emot stress, suf , mental anguish, and loss enjoyment oflife.WHEREFORE plaintiff, Ronald D. Logsden, respectful prays for

judgment against defendant, City of Iowa City, as follows:A. Damages for his lost wages and emploYment benefits todate and in the future iB. Compensatory damages in an amount which reasonablyand adequately compensates him for his losses iC. Attorney's fees and the costs of this actioni andD. Such other and further equitable rel f as the courtdeems proper.

COUNT III. - DISABILITY DISCRIMINATION - RECORD OF DISABILITY(42 U.S.C. 12101 ET. SEQ. - AMERICANS WITH DISABILITIES ACT)36. Logsden repleads the allegations of paragraphs 1 through 35

of this Petition as though fully set forth herein.37. At all times material to this Petition, City regarded

Logsden as having a physical impairment.38. City's termination of Logsden's emplOYment because he had a

record of having a disability constituted discriminat inviolation of 42 U.S.C. 12112.

39. City's failure to interview or hire Logsden for the Parking

and position and the Transportation ServicesAssociate Director position because he had a record of having adisability constituted illegal discrimination in violation of 42U.S.C. 12112.

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40. As a proximate result of s unlawful discriminatagainst Logsden, Logsden has sustained damages due to his loss ofwages and other employment benefits, both past and future, and due toemotional distress, suf , mental anguish, and loss enj oYfent oflife.

WHEREFORE iff, Ronald D. Logsden, respectful prays forjudgment against defendant, City of Iowa City, as follows:

A. Damages for his lost wages and emploYfent benefits todate and the future iB. Compensatory damages in an amount which reasonablyand adequately compensates him for his losses iC. Attorney's fees and the costs of this actioni andD. Such other and further equitable relief as the court deemsproper.

(CH. 216 CODE OF IOWA - IOWA CIVIL RIGHTS ACT)41. Logsden repleads the allegations of paragraphs 1 through 40

of this ion as though fully set forth herein.42. The City's termination of Logsden, its failure and refusal

to accommodate Logsden's disability, and its failure to interview orhire Logsden for the positions of Parking and Transit Director and

for Transporta t ion Services Associate Director of Iowa Cityconstitutes illegal discrimination against IJogsden because ofdisability and violated the Iowa Civil Rights Act of 1965, Iowa Code216.1 et seq.

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3. As a resul t of 's unlawfulagainst Logsden, has sus damages due to his loss ofwages and other employment benef s, both past and future, and due toemotional distress, suffering, mental anguish, and loss enj oyment oflife.

WHEREFORE plaintiff, D. Logsden, respectful prays forjudgment against defendant, City of Iowa City, as follows:

A. Damages for s lost wages and employment benefits todate and in the future;B. Compensatory damages an amount which reasonablyand adequately compensates him for his losses;C. Attorney's fees and the costs of this actioni andD. Such other and further equitable relief as the court

deems proper.

(29 U.S.C. &794 - REHABILITATION ACT OF 1973)

44. Logsden repleads the allegations of paragraphs 1 through 43of this Petition as though fully set forth herein.

45. The City's termination of Logsden, its failure and refusalto accommodate Logsden's disability, and its lure to interview orhire Logsden for the positions of Parking and Transit Director andfor Transportation Services Associate Director of Iowa Cityconstitutes illegal discrimination against Logsden because of hisdisability and violated the Rehabilitation Act of 1973, 29 U.S.C.794.

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46. AC'" ;: a resul t of , s unlawfult Logsden, Logsden has damages due to s loss of

wages and other emploYment benefits, both past and future, and due toemot stress, suffering, mental anguish, and loss oyment oflife.

WHEREFORE plaintiff, Ronald D. Logsden, fully prays forjudgment against defendant, City of Iowa City, as follows:

A. Damages for s lost wages and employment benefits todate and in the future;B. Compensatory damages an amount which reasonablyand adequately compensates him for his losses;C. Attorney's fees and the costs of this actioni andD. Such other and further equitable relief as the court deemsproper.

DE~~ FOR JURY TRIALCOMES NOW plaint C Ronald D. Logsden, and hereby demands trial

by jury of all the issues herein.

Thomas E. Maxw.ii, AT0005004';'"'LEFF LAW FIRM, L. L . P .222 South Linn StreetP . O. Box 2447Iowa City, Iowa 52244-2447Telephone: (319) 338-7551Facsimile: (319) 338-6902E-mail: maxwel0lefflaw.comATTORNEY FOR PLAINTIFF

Dml/TEM/Logsden 0609 Pet&JD10



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Complaint Discriminaton under Iowa Chapter 216, "Iowa Rights ActA copy of this complaint wil sent to the Organization or person you are fling against.

USE ONLY) CommissionStreet.

OR PRINT)1. What is your legal name? onald DaleWhat is your mailing address? 1311 Grass

City:_lowa State: Zip Code:Telephone 319-339-4831-~---"'--Your date of birth? 9-6 YourYour Race? National Origin?

5. Check reason discrimination. ,"vas because .., JIndian

Because I filed a pror civil rights complaint, opposed aa

Page 1 of6'XIBIT="A"'/ .(Page ..of~(t

~""'.,

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m occurred.

that the took you. all apply)

Discip Iined/S uspendedEvictiontototo

17 ailure to Train17 orced to Quit/RetireHarassmentLaid-Off/ Failure to RecallReduced HoursReduced PaySexual Harassment'ferminatedUndesirable

DemotionDenied Accommodation/ModificationDenied BenefitsDenied Financial Services/Credit

doon one

~. thatwith discrimination and wi be given a copy f yom-

Cityaddress? _ 410 E \Vashington

__JoOOson__-319~__ 5

9. Name the Organization or Corporate Office ofthe organization listed #8.

(This Organization wil also be charged with discrimination and wil be given a copy of your complaint.!

What is their mailingCity: State:Zip Code: Telephone #: ( )

,.~"".10. Where did the discrimination occur?CitY' County: _Johnson_ State: _Iowa

EXBlt'~E0%~~'''~;-;;;;-(page " of fp pages)age 2 of6



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1200 o E \l ashington1. What organization

Services to cItizens Iowa,approximatenatiomvide ----_._~--~~--~-

4 1 19 101-200 -500 500+

esFederal, or anti-discriminationHave filed cOI1iplaint

Wben? ---'-_._--If you are claiming harassment. who harassed vou?. .,i . ,r ..

person wil be charged with discrimination and wil be given a copy ofyour complaint.)

Name:Title: or--,----------------,.

Address:Name:Title: or I-lomeName:Title:Work or Home

15. What was the date of the MOST RECENT discriminatory incident? (Month Day, Year)October 13,

16. If Employment is the i\rea, what is your hire date or application date?,

_original employment datt May 4, 1994, application for promotion date May 19,2008_(Month Day, Year) .Axe you stil employed by the Organization listed in #8'1 XNo

Page 3 of6EXIBIT A(Pge .: or to pages)



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no, 11,no,

state basis/you were treated. Please be sure to address action youidentify people who may be witnesses in supportbefore brie/summary.)

\;vas/were a factor(Please DOcomplaint)

i am a disabled Desert veteran with a 40% rating rrom the Departmenteterans since 1997, for Allergy Induced Asthma/Reactive Airway

Syndrome and 1 for recurring sinus inrections. was a\varein 1997 when I was determined to be disabled.attack at work went to room atwith myocarditis and pericarditis and a

and heart catheterization ahospital

January 16, 2008 1Hospital inblockI wasappointment cardiologist on 21, 2008. this

and was told I could return to work the roll 0 wing day. Upon returning totwo hours in 1 sick and went home after rourhappened three times attempted to retum to thedays I 1 was

doctor told me I could not return to workquality and respiratory irritants in building.and methane. The Transit Building is constructed on thehave been an ongoing issue in the building.

of the poordiesel from the transitdump and methane

On February 1 2008 I had a echocardiogram of my hear and it showed that I had developednonischemic dilated cardiomyopathy with a 30% ejection fraction. After having apacemaker/defibrilator implarited and time to heal, I a pulmonary stress test done and mycardiologist released me to return to to a clean office environment without airway irritants.April 2008 I called my boss and asked to be allowed to return to work in my position as theTransit Manager. I requested that my office be relocated to the Court Street TransportationCcnler,which is owned Iowa City Transit, or attempt to clean up the air quality in the offcearea of the transit building enough to allow me to return to work. April 7, 2008, my boss ci;lledme back and said he had spoken to the Acting City Manager and they decided that they wouldnot allow me to relocate my office. They also would not allow me to work because they fet that'the air quality in the transit building could not be cleaned up snfficiently to allow me to retui:n towork there. No alternatives were offered to accommodate my disabilty and potentially allow meto return to work.

Page 4 of6EXIBIT

, a of Co pages)



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April 8ordinary jobail'

caveaiwasdiesel, andcould do mostenvironment mUST asmo.ke.

2008, I contacted new Manager of ,requesting ato discuss possibility me returning to work. I prepared the meeting with ideasaccommodations would enable me to return to work. We met on June 2008 about5 minutes. During I was informed that "logistically, the was not going to be

able to accommodate restrictions." I was not given an to otTerpossible accommodations nor were potential accommodations by theManager.

On June 2008 I received an e-mail from the Personnel Department stating that they werenotified that my work restrictions could not be accommodated and that I would not be able toreturn to the Transit :iVlanager position. also stated the positon was to be posted forapplications that day or next.

researching requirements, I called Personnel Administrator requesteda copy of their ADA Interactive that had never such a plan, butwould check into it. Later that afternoon she sent me an e-mail stating: checked and thedoesn't have a written policy on "interactive ADA process."On May 14, 2008 the position of Parking and Transit Directorwas posted internally for currentCity employees to apply. I turned in my application for the position on May 19,2008 prior tothe deadline for the posting. I never heard anything from the City regarding the status ofapplication so 1 caned aer approximately a month and was told by Personnel that they did notknow the for interviews for the position. City Manager had me at our June 24meeting that he was going to do a more extensive search for the position. position wasnever advertised again intemally or extemally. On October 2008, I received a letter from thePersonnel Administrator stating that the Parking Manager had been "appointed" as Parking andTransit Director effective October 13, 2008. Despite applying for the job, 1 was neverinterviewed. The person appointed to the position has significantly less experience than I do inthe industry and with the City.On July 2008,1 received a letter from the city's Personnel Department stating that I was goingto exhaust my accruals and move into Leave Without Pay Status on July 11,2008.Sinee my discharge, the City has reorganized the Parking and Transit Department into the .'.Transportation Services Department. In doing so, they eliminated two jobs (my former poitionof Transit Manager and the Parking Manager position) and created one position of Assoca~Director- Transportation Services. The deadline for applying for the Associate Director- .Transportation Services job was November 14,2008. I turned in my application

for this job~'9nNovember 13,2008. iI believe I have been discriminated against on a number of fronts. The City never entered into ameaningful ADA Interactive Process so that we could discuss the possibility of my returning to

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I wasI not opp01iunity toa person v,/th less was job.and a to promote issue because afmy disability.would not an forpursuant to thethat the preceding

and

Intaker "l4auie: Phone: 1Phone:

9: ext. 1-4430 or 515~281-4430.9: ext. 1-4437 or 515-281-4437.ntaker Name:

Page 6 of6of (p DageS)



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IOWA CIVIL RIGHTS COMMISSIONRALPH ROSENBERGEXECUTIVE DIRECTOR4/22/2009

RE: CITY OF !O'WA CITYCP# 11-08-5633726A-2009-00307C

of this letter. ICRC wil take no further

letter to initiate or file a lawsuit against thet in District Court. If you have not retained an attorney, you may wish to contact the Iowathe Right-to-Sue letter is

Sincerely,Iowa Civil Rights Commission

THOMAS MAXWELL, Complainant's Attorney

Grimes State Office Building, 400 E 1 Street, Des Moines, Iowa 50319-1004515281,4121 I 18004574416 I Fax 515242,,5840http://ww.state.ia.us/govern ment! ere



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))) iowa Civil Rights Commission) Grimes State Office Building) 400 14th Street

Des Moines Iowa 50319EEOC# 26A-2009-00307C

your Administrative Release (Right-To-Sue) Letter issued pursuant to Iowa Code Section

following conditions have been met:1 . complaint was fied withIowa Code Section 216.15(12); Iowa Civil Rights Commission (ICRC) as provided in

Sixty (60) days have expired since the complaint was filed with ICRC;3. None of the exceptions set in Administrative 161 - 3.10(4) are applicable.

statedays the issue date 4/22/2009.

obtain a complete copy of the case file

Commission

THOMAS E. MAXWELL, Complainant's AttorneySARAH HOLECHEK, Respondent's AttorneyCITY OF IOWA CITY



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(' 1~,J .t,

310 West Wisconsin A venue, Suite 800MiIwaukec, \VI 53203-2292Intake Information Group: (800) 669-4000Intake lliforina1on Group TTY: (800) 669-6820Milwaukee Status Line: (866) 408-8075Milwaukee Direct Diu!: (414) 297-1 i 12

(414) 297-11 15FAX (414) 297-4133 & 3146

26A-2009-00307Number: 11

vs.

I have above-referenced fileagainst City of Iowa the charge

On 2009,. Logsden requested a Right-to-Sue of thisIowa Civil Rights Commission. from the State of Iowa,2009, thethe Right-to-Sue in partiesfor Mr. the had been withdrawn; butto proceed is .S. Court.

is now attached. . Logsden no\l; has 90-daysright-to-sue to pursue the matter in federal court.

the receipt

~QSince ly,\ . .)'.''"., 0--A'''~- ~ i /oxanne M. Kitzman '

State and Local Coordinator

Cc: LeffLm;v LLP.ATTN: Atty. Thomas E. Maxwell222 South Linn StreetP.O.Box 2447Iowa City, IA 52244



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COMMISSIONON F?EQUEST)

1311 Prairie Grass laneIowa IA 52246From: Milwaukee Area Office310 West Wisconsin AveSuite 800Milwaukee, WI 53203

On behalf of person(s) aggdeved whose identiy isCONFIDENTiAL (29 CFR 1601. 7(a))

EEOC Representative Telephone No.Roxanne M. Kitzman,State .& Local Coordinator (414) 297-1112

(See a/so the addiiona/ information enclosed with this'!964 and/or the .mericans with Disabilties Act (ADA): This is your Notice of Right to issued\DA based on the above-numbered It has been issued at your request. Your iawsuit under Title Vii orcourt of your receipt of ':his notice; or your right to sue based on thiswl be lost. (The time limit for fng sui based on a state claim may be different.)o More than 80 have since he filing of this charge.Less than 80 days have passed since the filing of this charge, but I have determined that it isbe abie to compiee lts administrative processing within 180 days from the of this charge. that the EEOC

The EEOC is terminating its processing of this charge.The EEOC will continue to process this charge.

at any tlme from 60 days after the charge was filed unWreceive notice that we have completed action on the charge. In this regard, the paragraph liiarked below applies toD The EEOC is dosing your case. Therefore, your lawsuit under the ADEA must be filed in federal or state courtof your of this Notice. OtherNise, your to sue based on the above-numbered wil be lost.

The EEOC is continuing its of your ADEA case. However, if 60 days have passed since the fiing of the charge,you may fie suit in federai or stae court under the ADEA at this time.Pay Act You already have the rightto sue under the EPA (filng an EEOC charge is not required.) EPA suits must be brought

behalf of the Commission01

(Date Mailed)

1ICITY OF IOWA CITYATTN: Atty. Sarah Holechek - Legal Department410 East Washington StreetIowa City, IA 52240left law FIrm, L.LP.A TIN: Atty. Thomas E. Maxwell222 South Unn StreetP.O. Box 2447Iowa City, IA 52244



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Enclosure v,ith EEOCForm 16..;~B TO SUITTHE LAWS ENFORCED BY THE

(This information relates to fing suit in Federal or State COUltIf you also plan to sue claiming violations of State law, please be aware that time lmlts and otherprovisions of State law nay be shoner or more limited than those described below)

SUIT Title Vli of the Rightsor the Age Discrimination Americans with Disabilties Act (ADA),Employment Act (ADEA):In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within

of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-day period is over, your right to sue based on the charge referred to in this Notice wil be lost. If you intend toconsult an attorney, you should do so promptly. Give your attorney a copy of this Notice, and its envelope, and tellhim or her the date you received it. Furthermore, in order to avoid any question that you did not act in a timelymanner, it is prudent that your suit be fied within 90 days of the date this Ntice wos mailed to you (asindicated where the Notice is signed) or the date of the postmark, if later.Your lawsuit may be filed in U.S. District Court or a State court of competent . (Usually, the appropriateState court is the general civil trial court.) Whether you fie in Federal or State court is a matter for you to decideafter talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a shortstatement of the facts of your case which shows that you are entitled to renef. Your suit may include any matteralleged in the charge or, to the extent permitted court decisions, matters like or related to the matters alleged inthe charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in somecases can be brought where relevant employment records are kept, where the employment would have orwhere the respondent has its main offce. If you have simple questions, you usually can get answers from theoffice of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint ormake legal strategy decisions for you.PRIVATE SUIT RIGHTS Equal Act(EPA):EPA suits must be fied in court within 2 years (3 for wilful violations) of the alleged EPA underpayment: backpay due for violations that occurred more than before you file suit may not be collectible. Forexample, if you were underpaid under the EPA for work performed from 7/1/00 to 12/1/00, you should me suitpefore 7/1102 - not 12/1/02 -- in order to recover unpaid wages due for July 2000. This time limit for filng an EPAsuit is separate from the 90-day filng period under Title Vii, the ADA or the ADEA referred to above. Therefore, ifyou also plan to sue under Tite Vii, the ADA or the ADEA, in addition to suing on the EPA claim, suit must be filedwithin 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period.ATTORNEY REPRESENTATION -- Title VII and the ADA:If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdictionin your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must bemade to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail yourefforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above,because such requests do not relieve you of the requirement to bring suit within 90 days.ATTORNEY REFERRAL AND EEOC ASSISTANCE n All Statutes:You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have anyquestions about your legal rights, including advice on which U.S. District ,Court can hear your case. If you need toinspect or obtain a copy of informatiOn in EEOC'sfie on the charge, please request it promptly in writing and provideyour charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, aU charge filesare kept for at least 6 months after our last action on the case. Therefore, if you fie suit and want to review the chargefile, please make your review request within 6 months of this Notice. (Before filng suit, any request should bemade within the next 90 days.)

IF YOU FILE SUIT, PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO


logsden, ronald v iowa city - complaint - 2009-07-21

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