Professional Documents
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
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WESTERN DIVISION
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LAURE QUINLIVAN 1 >cyf
3624 Kroger Avenue
Cincinnati, Ohio 45226
Case No.
Judge
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Plaintiff,
v.
Defendant.
PARTIES
NATURE OF ACTION
3. This action is filed by Plaintiff Laure Quinlivan ("Plaintiff), who worked for
Reporter/Producer from May, 1995 until her termination effective December 31, 2007. Pursuant
to an Agreement between Defendant and its Reporters, Plaintiff was due approximately 26 weeks
of severance pay Defendant refused to make this severance pay to Plaintiff. At the time of her
termination, Plaintiff was 48 years old and had recently returned from maternity leave. Plaintiff
brings this action alleging breach of contract, discrimination on the basis of her gender and recent
4. Throughout her employment, Plaintiff was a loyal and dedicated employee and
was well-regarded by her colleagues and viewers. By all accounts Plaintiff excelled in her role as
an Investigative Reporter/Producer and was recognized nationally for her coverage of stories of
Case 1:09-cv-00094-SJD Document 1 Filed 02/06/2009 Page 2 of 9
significant relevance to the local community. Plaintiff won two George Foster Peabody Awards.
The George Foster Peabody Award is television's highest honor and Plaintiff is the only reporter
for Defendant to ever win two of these prestigious awards. Plaintiff was the recipient of
numerous other national awards, including three SPJ Sigma Delta Chi Awards, the Scripps
Howard Award, the duPont Columbia Award, the IRE Award, the Walter Cronkite Award, and
eighteen regional Emmy Awards. Plaintiff has also been named Best Reporter in Ohio.
5. Plaintiff was the Lead I-Team reporter during her employment with Defendant
and is well-known for many of her stories. Plaintiff exposed the mismanagement of public funds
used for construction of Paul Brown Stadium between 1999 and 2001. Plaintiffs "Visions of
Vine Street" first aired in December, 2001. This was the first one-hour commercial-free
documentary Defendant had ever aired. This documentary won the Peabody and numerous
national awards, and was picked up by various public broadcasting stations and aired many
times. Plaintiffs work resulted in government and community action leading to more than 50
million dollars of investment into revitalization of the neighborhood. Over the next five years,
Plaintiff continued to report on the progress of Vine Street. Her work garnered the respect of the
community and brought positive attention to Defendant. Plaintiff simply was the most
direct supervisor to discuss her upcoming maternity leave. Plaintiff and Defendant were unable
to come to agreement on Plaintiffs maternity leave and Plaintiff consulted an attorney to assist
her in negotiating her leave of absence. With the assistance of her attorney, Plaintiff was able to
7. Upon returning from maternity leave, Plaintiff s job duties were different. Her
Anchor/Reporter Employment Agreement with Defendant stated that to ensure a quality product,
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Case 1:09-cv-00094-SJD Document 1 Filed 02/06/2009 Page 3 of 9
she would not be required to do more than twelve investigations a year. However, she was now
flexible full-time schedule. Defendant refused to consider options presented by Plaintiff. Other
employees had been permitted to work reduced or part-time schedules upon request.
Agreement between WCPO-TV and Reporters Plaintiff was due approximately 26 weeks of
severance pay. Defendant refused to make this severance pay to Plaintiff Other individuals who
were separated from Defendant received large severance packages. Defendant replaced Plaintiff
10. This Court has personal jurisdiction over Defendant because it conducts business
11. This Court has federal question jurisdiction to hear this case pursuant to 28 U.S.C.
§1331 as it arises under the laws of the United States. Plaintiffs Count II arises under the
arises under Title VH of the Civil Rights Act of 1964 as amended ("Title VH"), and Plaintiffs
Count VI arises under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §621 et
seq.
12. This Court also has supplemental jurisdiction over the state law claims in Counts
I, IE, V, VH and VIE pursuant to 28 U.S.C. §1367 on the grounds that these Counts are so related
to the federal claims included in Counts II, TV and VI over which this Court has original
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13. Venue is proper in the Southern District of Ohio pursuant to 28 U.S.C. § 1391(b)
because, for purposes of venue, a substantial amount of the conduct giving rise to Plaintiffs
COUNT I
(Breach of Contract)
15. The Agreement between Defendant and its reporters provided for severance pay in
the event of dismissal of a reporter for a reason other than just cause.
17. Defendant breached the Agreement between Defendant and its reporters when it
18. As a result of Defendant's breach, Plaintiff has been damaged and is entitled to
recovery.
COUNT II
20. Plaintiff was fully qualified for the position she held at all relevant times.
21. Plaintiff was pregnant and, therefore, a member of the class protected under the
PDA.
22. Defendant intentionally, willfully, and wantonly discriminated against Plaintiff by,
including but not limited to, terminating her employment in violation of the PDA.
COUNT III
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25. Plaintiff was fully qualified for the position she held at all relevant times.
26. Defendant intentionally, willfully, and wantonly discriminated against Plaintiff by,
including but not limited to, terminating her employment in violation of Ohio law.
COUNT IV
34. Defendant's actions were intentional, willful, wanton and malicious in nature.
Plaintiff has been damaged and is entitled to relief under Title VII.
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COUNT V
41. Defendant violated Ohio Revised Code Chapter 4112 when it terminated
42. Defendant's actions were intentional, willful, wanton, and malicious in nature.
Plaintiff has been damaged and is entitled to relief under O.R.C. Chapter 4112.
COUNT VI
45. Plaintiff was over the age of 40 and qualified for her position at all relevant times.
48. Defendant violated the ADEA when it terminated Plaintiffs employment based
on her age.
49. Defendant's actions in violating the ADEA were intentional, willful, wanton, and
malicious in nature.
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Plaintiff has been damaged and is entitled to relief under the ADEA.
COUNT VII
52. Plaintiff was over the age of 40 and qualified for her position at all relevant times.
55. Defendant violated Ohio Revised Code Chapter 4112 when it terminated
56. Defendant's actions were intentional, willful, wanton, and malicious in nature.
Plaintiff has been damaged and is entitled to relief under O.R.C. Chapter 4112.
COUNT VIII
59. The State of Ohio has articulated a clear public policy that prohibits an employee
60. Defendant's retaliatory conduct against Plaintiff violates the express public policy
61. Defendant lacked an overriding, legitimate business justification for its actions.
62. Defendant's actions constitute a breach of public policy and are willful, wanton
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63. As a direct and proximate result of Defendant's misconduct, Plaintiff has suffered
i) That Plaintiff be awarded all other legal and equitable relief to which she may be
entitled.
Respectfully submitted, •
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JURY DEMAND
Plaintiff hereby demands a trial by jury.