Professional Documents
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PHILIP KOZLOWSKI,
Plaintiff,
Case No:
v.
Hon.
WAYNE COUNTY and WAYNE COUNTY
SHERIFFS DEPARTMENT,
Defendants.
governmental entity duly authorized to do business in the County of Wayne and State of
Michigan.
4.
Jurisdiction and venue are proper in the District Court for the Eastern District of
5.
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Plaintiff brings this action for damages arising out of the acts and/or omissions of
Plaintiff, Philip Kozlowski began his employment with Defendant, Wayne County
sexual harassment against Plaintiff, which lasted until October 2015, which included the
following comments and actions:
a. We can break my new mattress in;
b. What would you do if I were to unbutton your pants and just start sucking your
dick right now;
c. I only live 3 blocks from your sons house, why dont you come by after you visit,
for a blow job;
d. Next time you throw a party, invite me over, we can get your wife drunk and
have a threesome;
e. Id love to sit in your Jacuzzi topless;
f.
g. Why wont you fuck me, you fucked all those other hoes;
h. Your wife is a hoe from the ghetto;
i.
Its okay to cheat because men are hard wired for sex and in the biblical days
men had more than one women;
j.
Did you see 50 Shades of Grey, I bet you are just like him in bed
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k. She would give Plaintiffs partners false assignments in order to be alone with
him;
l.
She would close the door, turn off the lights and lock herself in the office with
him;
m. She has texted and called his personal cell phone for non-work related issues;
n. She has driven by his home on several occasions;
o. She would frequently pull him off assignments to hang out with her leaving his
partner to pick up the slack;
p. She neglected her duties as a Sergeant and would come to his post and spend
the entire shift there;
q. She would purposely sit very close to him so that their knees would touch;
r.
She demanded Corporal Toth tell her what Plaintiff said in his complaint that he
wrote about her behavior and responded with Kozlowski doesnt know who hes
fucking with, Im going to fuck him, and fuck him good; and
s. She referred to Plaintiffs son as her son and Plaintiff as her husband.
10.
harassment.
12.
harassment, Defendant demoted Plaintiff from sworn Police Officer to non-sworn Police Officer.
13.
On or about the end of November 2014 Plaintiff was then transferred to the
Sergeant
Maureen
constituting
sexual
harassment and Defendants retaliation created a hostile work environment which substantially
interfered with his ability to do his job.
16.
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During the time period in question, Defendant was Plaintiffs employer and
Plaintiff was its employee within the meaning of Title VII of Civil Rights Act of 1964, and the
Michigan Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq. Moreover, Defendant, Wayne
County Sheriffs Department is responsible for all acts committed by its agents, representatives
and employees within the scope of their employment.
17.
18.
predisposed to sexually harass and discriminate against Plaintiff on the basis of his gender and
acted in accordance with that predisposition.
19.
On September 1, 2016 the EEOC issued a Right to Sue letter against the Wayne
Pursuant to Title VII of Civil Rights Act of 1964, and the Michigan Elliott-Larsen
Civil Rights Act, MCLA 37.2101, et seq. Plaintiff is guaranteed the right to be free from
discriminatory treatment and harassment from their employer and/or supervisors based upon
his sex.
23.
25.
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discriminatory treatment based upon his sex by Defendant its employees and agents to the
point where his status as an employee has been detrimentally affected.
26.
Michigan Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq. as a result of each and every
violation of the act, including costs and reasonable attorneys fees.
27.
Defendants and their agents, employees and representatives, including but not
limited to Sergeant Maureen McMillan, breached and violated their duty to Plaintiff by reason of
the following acts and/or omissions:
a. Violating the laws against discrimination by engaging in sexual harassment in the
workplace;
b. Retaliating against employees who make complaints of discrimination and
harassment; and
c. Failing to take serious and corrective action when informed by Plaintiff that the
conduct towards him was unlawful.
28.
Defendant, Wayne County Sheriffs Department, breached and violated their duty
As a direct and proximate result of the actions of the Defendant, Wayne County
Sheriffs Department, Plaintiff was the subject of discriminatory conduct on the part of the
Defendant, Wayne County Sheriffs Department.
31.
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Department, and its agents and employees, and as a direct and proximate cause of such
conduct, Plaintiff has suffered damages, including humiliation, embarrassment, outrage, mental
anguish and anxiety, emotional distress, loss of self-esteem, loss of earnings and other
employment benefits, and a loss of capacity for the enjoyment of life.
WHEREFORE, Plaintiff respectfully requests judgment in his favor against Defendants in
an amount in excess of $75,000.00, together with costs, interest and attorney fees and any
other relief this Honorable Court deems appropriate.
COUNT II
GENDER DISCRIMINATION
32.
Pursuant to Title VII and the Michigan Elliott-Larsen Civil Rights Act, MCLA
37.2101, et seq. Plaintiff is guaranteed the right to be free from discriminatory treatment and
harassment from their employer and/or supervisors based upon his gender.
34.
The harassment suffered by Plaintiff due to his gender had the purpose and/or
effect of substantially interfering with Plaintiff's employment creating an intimidating, hostile, and
offensive environment due to his gender.
36.
Defendant had both actual and constructive notice that they were creating an
Despite having notice that Plaintiff was being discriminated against and harassed
38.
The
hostility
and
unwelcome
treatment
due
to
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Plaintiffs
gender
by
representatives and employees of Defendant and their failure to take any remedial action violate
Title VII and the Michigan Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.
39.
and the Michigan Elliott-Larsen Civil Rights Act, MCLA 37.2101, et seq. as a result of each and
every violation of the act, including costs and reasonable attorney fees.
40.
As a direct and proximate result of the actions of Defendant, Plaintiff was the
Pursuant to Title VII and the Michigan Elliott-Larsen Civil Rights Act, MCLA
37.2201, et seq., Plaintiff is guaranteed the right to be free from discrimination from his
employer and/or supervisors based upon sex and his gender.
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45.
46.
the meaning of Title VII and the Elliott-Larsen Civil Rights Act, MCLA 37.2201, et seq.
47.
During the course of his employment with Defendant, Wayne County Sheriffs
Department Plaintiff was subjected to constant unwelcome sexual harassment creating a hostile
work environment by Defendant.
48.
The sexual harassment created a hostile work environment and had the purpose
Department that he was being discriminated against due to his sex and that he was being
subjected to a hostile work environment.
50.
notice that it was creating an intimidating, hostile and offensive work environment for Plaintiff.
51.
Despite having notice of the sexual harassment and gender discrimination and
conduct toward Plaintiff, Defendant Wayne County Sheriffs Department failed to take any
remedial action, but instead took adverse employment action against Plaintiff based upon his
gender and in retaliation for his complaints of sexual harassment and gender discrimination.
52.
and Defendants failure to take any remedial action violate Title VII and the Michigan ElliottLarsen Civil Rights Act, MCL 37.2101 et seq.
53.
sustained injuries including, but not limited to, physical pain and suffering, mental anguish,
fright, shock, embarrassment, humiliation, mortification, outrage, anxiety, emotional distress,
loss of self-esteem, loss of earnings and other employment benefits and a loss of capacity for
the enjoyment of life.
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Respectfully submitted,
BATEY LAW FIRM, PLLC
By: /s/Scott P. Batey
SCOTT P. BATEY (P54711)
Attorney for Plaintiff
30200 Telegraph Road, Suite 400
Bingham Farms, Michigan 48025
(248) 540-6800
sbatey@bateylaw.com
Respectfully submitted,
BATEY LAW FIRM, PLLC
By: /s/Scott P. Batey
SCOTT P. BATEY (P54711)
Attorney for Plaintiff
30200 Telegraph Road, Suite 400
Bingham Farms, Michigan 48025
(248) 540-6800
sbatey@bateylaw.com
Dated: November 28, 2016