Joint Appendix - LawMemo

VII.
Count IV – Retaliation in Violation of the Equal
Pay Act, and Title VII
35. In the fall of 1997, the plaintiff objected to the
defendant’s discriminatory pay practice by complaining to
her supervisor, Jerry Jones, that she was being paid unfairly
compared to her male co-workers performing similarly in
equal positions.
36. Shortly thereafter, Jones instructed the
plaintiff that it was in her own best interest to interview for
and accept the position of Technical Engineer.
37. In January of 1999, the defendant moved the
plaintiff to that position.
38. The defendant has further retaliated against
the plaintiff by failing to re-hire her. The plaintiff properly
applied for an Area Manager position at Goodyear on
November 8, 1999. The Employment Specialist, Don
Gardner, told her that they are not rehiring for Area Manager
positions.
39. However, there are five (5) Area Manager
positions available and at least one male Area Manager who
retired was rehired. To this date, the defendant has refused to
rehire the plaintiff.
VIII. Count V – Constructive Discharge
40. The plaintiff re-alleges and incorporates by reference
paragraphs 1-39 above
with the same force and effect as if fully set out in specific
detail herein below.
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