RETURN DATE: MAY 12, 2015
* SUPERIOR COURT *
MONTASSER ELGOHERY, Plaintiff,
* J.D. OF NEW BRITAIN * * APRIL 13, 2015
* V.
* *
HQ DUMPSTERS & RECYCLING, LLC, * * * Defendant. *
COMPLAINT INTRODUCTION 1.
This Is an action for compensatory damages, back pay, front pay, attorney's
fees and costs, punitive damages, and other relief available in law or equity arising from the defendant's discrimination against the plaintiff, In violation of the Connecticut Fair Employment Practices Act, General Statutesยง 46a-51, et seq.
PARTIES 2.
Plaintiff Montasser Elgohery (hereinafter "plaintiff") is an Individual who
currently resides In Meriden, Connecticut. At all times relevant to this Complaint, the plaintiff was employed by the defendant, HQ Dumpsters & Recycling, LLC (hereinafter "defendant/' or "HQ"). 3.
Defendant Is a Connecticut limited liability company with a principal place
of business at 897 South Main Street, Plantsville, Connecticut 06479. 4.
At all times relevant to this Complaint, the defendant was an "employer" as
that term is defined by the Connecticut Fair Employment Practices Act, General Statutesยง 46a-51(10).
PROCEDURAL REQUIREMENTS 5.
On or about July 9, 2014, Mr. Elgohery filed a charge of discrimination with
the Connecticut Commission on Human Rights and Opportunities (hereinafter '1CHRO''). The plaintiff's charge with the CHRO was designated as CHRO No. ,1510003 and EEOC No. 16A-2014-01380. 6.
The CHRO issued a Release of Jurisdiction in connection with the
plaintiff's claims; the release is dated February 23, 2015. Mr. Elghery is filing this action within ninety days of receiving the aforementioned Release of Jurisdiction.
BACKGROUND 7.
At all times relevant to this Complaint, the defendant employed fifteen or
more employees. 8.
Mr. Elgohery is a Muslim man who was born in Egypt.
9.
Mr. Elgohery began working for the defendant in or about February 2014,
as a full-time truck-driver. 1O.
Mr. Elgohery's direct supervisor was Jack Perry, who is non-Muslim and
American born. Mr. Perry was a Vice President of the defendant. 11.
Soon after he was hired, Mr. Elgohery was subjected to ongoing
harassment based on his religion and national origin. 12.
On or about April 1O, 2014, Mr. Perry asked the plaintiff in front of at least
one other employee why Muslim men marry multiple women. 13.
Thereafter, Mr. Perry told the plaintiff, again in front of other employees,
that he intended to go to the place where Muslims pray, to grab four women, and force them to have sex with him.
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14.
The plaintiff complained to Mr. Perry and others, but his complaints were
dismissed. 15.
Mr. Perry told the plaintiff that he is a member of the "Jackalism" religion
and that, as an American, he can do whatever he wanted. 16.
On April 11, 2014, Mr. Perry mocked the plaintiff's ethnic heritage by
stating that he had some "big rocks" to give him so he could build his house, a clear reference to the Egyptian pyramids. 17.
On April 15, 2014, Mr. Perry called the plaintiff Into his office indicating that
he had something for him.
18.
Mr. Perry showed the plaintiff a statue of the Mother Mary and said that he
planned to put duct tape on her face so she would look like a Muslim woman. 19.
The joke was made in front of another employee named Brian.
20.
On April 29, 2014, the plaintiff was assisting the defendant's owner, Kurt
Hoylst, with moving some dumpsters. 21.
Without justification, Mr. Hoylst called the plaintiff a "stupid mother-fucker"
and said "go back to your fucking country." 22.
Those statements were made in front of a customer of the defendant.
23.
Later that same afternoon, Mr. Chapman again yelled to the plaintiff, this
time from his office window, "go back to you mother-fucking country." 24.
The plaintiff complained to another supervisor, Lindsay (1/k/u), but nothing
was done in response. 25.
On or about May 9, 2014, a non-worker on the defendant's premises
yelled at the plaintiff stating "this is no way to start a truck. This is not fucking Egypt."
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26.
Mr. Perry was made aware of the comment by the non-worker, but did
nothing to address the situation. 27.
On May 14, 2014, Mr. Perry terminated the plaintiff.
He did not give a
reason for the termination. 28.
As late as April 30, 2014, Mr. Elgohery's supervisor, Lindsay, told him that
he was a ''great driver" when she was trying to convince him to stay at the job despite the harassment. 29. The defendant terminated the plaintiff due to his religion and ethnicity and in retaliation for his speaking out about the discriminatory harassment.
COUNT ONE (Discrimination Based on Religion, General Statutesยง 46(a)(1)) 30.
The allegations of paragraphs 1 to 29 are repeated and realleged as if set
forth fully herein. 31.
During the tenure of his employment with the defendant, the plaintiff was
subjected to harassment and abuse as a result of his Muslim religion that adversely impacted his ability to perform his job. 32.
Mr. Elgohery's employment was terminated at least in part because of his
religion, that being Muslim. 33.
The aforementioned conduct on the part of the defendant was intentional
in that it was willful, wanton, and/or was taken with reckless disregard for the plaintiff's rights. 34.
As a result of the aforementioned unlawful conduct of the defendant, the
plaintiff has suffered damages, including but not limited to lost wages, lost benefits, loss
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of promotional activities, depletion of personal savings, loss of enjoyment of life, loss of enjoyment of profession, mental anguish, emotional distress, humiliation, and embarrassment. 35.
As a further result of the defendant's conduct, the plaintiff has incurred and
will continue to incur attorney's fees and costs in pursuing this claim. WHEREFORE, the plaintiff claims: a.
compensatory damages, including but not limited to lost
wage~I lost benefits, a depletion of personal savings, emotional distress, mental anguish, humiliation, embarrassment, loss of enjoyment of life, and loss of enjoyment of profession; b.
back pay;
c.
front pay;
d.
interest and costs;
e.
punitive damages;
f.
statutory and/or common-law attorney's fees and legal costs;
g.
such other relief in law or equity as this Court deems
and
appropriate and equitable.
COUNT TWO (Discrimination Based on Ethnicity, General Statutesยง 46(a)(1))
36.
The allegations of paragraphs 1 to 29 are repeated and realleged as If set
forth fully herein.
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37.
During the tenure of his employment with the defendant, the plaintiff was
subjected to harassment and abuse as a result of his ethnic heritage that adversely Impacted his ability to perform his job. 38.
Mr. Elgohery's employment was terminated at least in part because of his
ethnicity, that being Egyptian. 39.
The aforementioned conduct on the part of the defendant was intentional
in that it was willful, wanton, and/or was taken with reckless disregard for the plaintiff's rights. 40.
As a result of the aforementioned unlawful conduct of the defendant, the
plaintiff has suffered damages, including but not limited to lost wages, lost benefits, loss of promotional activities, depletion of personal savings, loss of enjoyment of life, loss of enjoyment of profession, mental anguish, emotional distress, humiliation, and embarrassment. 41.
As a further result of the defendant's conduct, the plaintiff has Incurred and
will continue to incur attorney's fees and costs in pursuing this claim. WHEREFORE, the plaintiff claims: a.
compensatory damages, including but not limited to lost
wages, lost benefits, a depletion of personal savings, emotional distress, mental anguish, humiliation, embarrassment, loss of enjoyment of life, and loss of enjoyment of profession; b.
back pay;
c.
front pay;
d.
Interest and cost~;
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e.
punitive damages;
f.
statutory and/or common-law attorney's fees and legal costs;
g.
such other relief in law or equity as this Court deems
and
appropriate and equitable. LAINTIFF, ONTASSE
BY:
__._
ELGOHERY
_______ __ ,,__
Theodore W. Heiser Sullivan Heiser & Sweeney 116 East Main Street Clinton, Connecticut 06413 Juris No. 432151 (860) 664-4440 (tel) (860) 664-4422 (fax) twh@sullivanheiseu~Qm
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RETURN DATE: MAY 12, 2015
*
SUPERIOR COURT
*
MONTASSER ELGOHERY, Plaintiff,
* *
J.D. OF NEW BRITAIN
*
APRIL 13, 2015
* *
v.
*
HQ DUMPSTERS & RECYCLING, LLC, * Defendant.
* * *
STATEMENT OF AMOUNT IN DEMAND The amount in demand, exclusive of interest and costs, is greater than fifteen thousand dollars ($15,000). GOHERY
BY: - - 1 - - - - ~ - ~ -
T eodore W. Heiser Sullivan Heiser & Sweeney 116 East Main Street Clinton, Connecticut 06413 Juris No. 432151 (860) 664-4440
(860) 664-4422 (fax)
twb ® sullivanbeiser,com
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