CAUSE NO.

_____________________

ANA HERNANDEZ, § IN THE DISTRICT COURT

§
Plaintiff, §
§
v. § ______ JUDICIAL DISTRICT
§
DALLAS COUNTY COMMUNITY §
COLLEGE DISTRICT, §
§ DALLAS COUNTY, TEXAS
Defendant.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

TO THE HONORABLE DISTRICT COURT JUDGE:

NOW COMES Ana Hernandez, Plaintiff, and files this, her Plaintiff's Original Petition

and Request for Disclosure, complaining of and about Dallas County Community College

District, and in support respectfully shows the following:

I. DISCOVERY CONTROL PLAN

1. Plaintiff intends that this case be litigated under Discovery Control Level 2.

II. PARTIES

2. Ana Hernandez is an individual who resides in Dallas County, Texas.

3. The Dallas County Community College District is a government agency with a

principal place of business in Dallas County, Texas. Dallas County Community College District

may be served with service of process by serving its chancellor, Dr. Wright Lassiter, 1601 South

Lamar, Dallas, Texas 75215.

III. FACTS

4. Ms. Hernandez began working for Dallas County Community College District in

1995.
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PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE – Page 1
 5. Ms. Hernandez is female.

6. Since the time of her original hire date to recently, Ms. Hernandez has worked

from DCCCD's El Centro Downtown Campus.

7. In December 2000, Ms. Hernandez applied for and was successfully awarded the

position of LAN Support Specialist III. In September 2008, Ms. Hernandez's title was

reclassified as a PC Support Specialist I. The reclassification gave Ms. Hernandez a different set

of job duties, but her compensation and benefits remained the same under both titles.

8. Ms. Hernandez is a stellar DCCCD employee. She has always received positive

performance reviews while employed at DCCCD, and she has never been written up or

otherwise formally reprimanded.

9. In April 2009, Ms. Hernandez requested a job reclassification as a PC Support

Specialist III, at the direction of Michael Johnson, DCCCD Director of Information Technology,

because Ms. Hernandez was doing the work for this higher position without the title or her

accompanying compensation.

10. While employed at DCCCD, Ms. Hernandez has been concerned with the fact that

the women have been the subject of numerous disparaging and sexist comments such as "hot

tamale," "kryptonite," and "bitch" or "biggest bitch."

11. Ms. Hernandez complained about the foregoing comments to her new supervisor,

Luis Palomo, on July 21, 2009.

12. Immediately thereafter, on July 23, 2009, Mr. Palomo transferred Ms. Hernandez

from the El Centro Downtown Campus to the El Centro West Campus.

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 13. The El Centro West Campus is a much less desirable work location for

Ms. Hernandez, as Ms. Hernandez does not drive. The limited public transportation options to

El Centro's West Campus caused a significant increase in Ms. Hernandez's travel time.

14. Since reporting sex discrimination, Ms. Hernandez's request for a reclassification

to PC Support Specialist III has been "misplaced."

15. Ms. Hernandez now performs the duty of a PC Support Specialist III at the El

Centro West Campus even though she has not been awarded this title or its accompanying

compensation.

16. The El Centro West Campus is the only El Centro campus that does not have a PC

Support Specialist III or higher titled employee on staff.

17. After being informed she would be transferred, Ms. Hernandez complained about

the retaliatory transfer to numerous DCCCD officials, including (1) Robert Garcia, Executive

Director of Human Resources, (2) Dr. Bettie Tully, El Centro College Ombudsman, (3) David

Browning, Vice President of Business Service Administration, (4) Michael Jackson, Vice

President of Academic Affairs and Student Success, (5) Ellen Benson, District Director of

Human Resources, and (6) Claudia Carosilva Bash Palacios, Assistant Human Resources

Director.

18. Despite the fact that Ms. Hernandez has complained of sex discrimination and her

retaliatory transfer on numerous occasions, DCCCD has failed to correct these unlawful actions.

19. Despite a previous excellent work history with DCCCD, including positive

reviews and no formal reprimands, Ms. Hernandez's retaliation has only escalated as time

passed. The demeanor and work environment has drastically changed and Ms. Hernandez is now

receiving complaints about her job performance that she never previously received.

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 20. Ms. Hernandez was written up in June, 2010 for "performance issues." However,

the alleged performance issues are false and relate to Ms. Hernandez using her approved lunch to

attend lunch meetings at other campuses, not attending a meeting when Ms. Hernandez was not

scheduled to work that day, not attending a meeting when Ms. Hernandez previously asked her

supervisor for permission to stay and work on another project, not attending meetings that

Ms. Hernandez was never told that she needed to attend, not completing service on an issue

needed for the fall in a reasonable time despite Ms. Hernandez prioritizing summer service issues

first, not being able to be located despite no voice mails or emails requesting Ms. Hernandez's

assistance or time to meet with her, and interrupting a meeting despite Ms. Hernandez knocking

on the door, being signaled to come in, and politely telling them that the pizza had arrived.

21. The write-ups are petty, frivolous, and singled out Ms. Hernandez.

22. Ms. Hernandez believes she has been discriminated against because of her sex.

23. Ms. Hernandez believes she has been retaliated against for exercising her right to

report discrimination, engaging in protective activity, and opposing activities made unlawful

under the Texas Labor Code.

24. All conditions precedent to the bringing of this suit have been satisfied or

fulfilled.

IV. FIRST CAUSE OF ACTION: SEX DISCRIMINATION

25. This cause of action arises solely under the Texas Labor Code.

26. Ms. Hernandez is female.

27. Ms. Hernandez suffered harassment and discrimination, as described above,

because of her sex. Such behavior is an actionable change in the terms and conditions of

Ms. Hernandez's employment.

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 28. Because of the actions of Defendant, Ms. Hernandez suffered damages within the

jurisdictional limits of this Court.

V. SECOND CAUSE OF ACTION: RETALIATION

29. This cause of action arises solely under the Texas Labor Code.

30. Ms. Hernandez engaged in protected activity.

31. Ms. Hernandez opposed discrimination made unlawful under the Texas Labor

Code.

32. Because of Ms. Hernandez's opposition and engagement in protective acts,

DCCCD retaliated against her.

33. Because of the actions of Defendant, Ms. Hernandez suffered damages within the

jurisdictional limits of this Court.

VI. REQUEST FOR DISCLOSURE

34. Defendant is requested to produce the information materials contained in Texas

Rule of Civil Procedure 194.2 within fifty days of service of this request.

VII. JURY DEMAND

35. Plaintiff demands a jury and tenders the appropriate fee.

VIII. DAMAGES

36. Plaintiff seeks all damages allowed under the Texas Labor Code, including:

(a) Plaintiff seeks her economic damages, including all lost wages, back pay

and benefits.

(b) Plaintiff seeks lost economic opportunity.

(c) Plaintiff seeks compensatory damages for humiliation, distress,

inconvenience, anguish, and humiliation.

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 (d) Plaintiff seeks punitive damages at the maximum amount allowed by law.

(e) Plaintiff seeks reasonable attorney fees and costs.

(f) Plaintiff seeks pre- and post-judgment interest at the maximum rate

allowed by law.

WHEREFORE, premises considered, Plaintiff respectfully prays that Defendant be cited

to appear and that, upon a trial on the merits, all relief requested be awarded to Plaintiff as well

as such other and further relief to which Plaintiff is justly entitled.

Respectfully submitted,
ROB WILEY, P.C.

By: ___________________
Robert J. Wiley
Texas Bar No. 24013750
Board Certified Specialist, Texas Board of Legal
Specialization, Labor and Employment Law
Gregory A. Placzek
Texas Bar No. 24070424
Justin Manchester
Texas Bar No. 24070207

LAW OFFICE OF ROB WILEY, P.C.

1825 Market Center Blvd., Suite 385
Dallas, TX 75207
Telephone: (214) 528-6500
Facsimile: (214) 528-6511
gplaczek@robwiley.com
www.robwiley.com
ATTORNEYS FOR PLAINTIFF

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