Section 1981 Complaint

Below is what a section 1981 complaint might look like. Do not use it yourself; instead, seek a lawyer’s advice before doing anything. Complaints are factually and legal-specific, so this is not to be used even as a sample:

Section 1981 Complaint

Complaint & Jury Demand

1.         The Plaintiff, Jane Joe, sues Defendant, A.B.C., Inc., doing business as A.B.C., for discrimination and retaliation.

2.         The Honorable Court has original jurisdiction over the federal counts and supplemental jurisdiction over the state claims.

3.         The venue is appropriate for the Northern District of Florida, Gainesville Division.

2.       The Defendant, X.Y.Z., Inc., is a Florida corporation, and the Plaintiff, John Doe, resides in the same state.

5.         Defendant conducts business as A.B.C.

6.         Plaintiff was a gardener for Defendant in Gainesville, Florida.

7.         Plaintiff resides in Alachua County, Florida.

8.         Defendant conducts business in Alachua County, Florida.

9.         Defendant employs over 200 employees.

10.       The Plaintiff is black.

11.       Plaintiff dually filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR) within 300 days of the incidents described in this Complaint.

12.       The EEOC issued Plaintiff a notice of right to sue letter.

13.       Plaintiff files suit within 90 days of receiving the notice of right to sue letter.

14.       Plaintiff began working for Defendant on or about January 2021.

15.       At the time of hiring, Plaintiff and Defendant agreed that Plaintiff would work a shift from 7:00 a.m. to 3:30 p.m.

16.       The 7:00 a.m. shift was a material term of the employment agreement.

17.       The Plaintiff’s supervisor was biased against blacks.

18.       The supervisor treated blacks worse than she treated non-black employees.

19.       This supervisor discharged a black employee whose shift was from 10:00 a.m. to 6:30 p.m.

20.       Even though there were non-black employees who could have worked the 10:00 a.m. to 6:30 p.m. shift, the supervisor ordered Plaintiff to change her shift.

21.       Plaintiff informed the supervisor that she accepted the job with the clear understanding that her shift would be from 7:00 a.m. to 3:30 p.m. and that she was unable to work the 10:00 a.m. shift.

22.       The supervisor knew that Plaintiff could not work the shift and insisted on Plaintiff working the shift in order to push Plaintiff out of her position.

23.       The supervisor was acting on behalf of the Defendant.

24.       Defendant, in whole or in part, changed the terms and conditions of Plaintiff’s employment because of her race.

25.       The Plaintiff objected and complained that she was being discriminated against.

26.       Plaintiff believed in good faith that her supervisor, a non-black

the employee was singling her out to work the 7:00 a.m. shift because she did not like the Plaintiff due to her race.

27.       The Plaintiff reported to management that her supervisor was discriminating.

28.       When the Plaintiff reported the discrimination, the Defendant responded by giving the Plaintiff the ultimatum of voluntarily switching shifts or losing her position.

29.       Plaintiff could not accept the new shift, even though there were other non-black employees available to take the 10:00 a.m. shift; Defendant demanded that Plaintiff do it for no reason other than her race and/or complaining of discrimination.

30.       Plaintiff's life was significantly disrupted when she was constructively discharged on or about February 14, 2021, due to the actions of her biased supervisor.

31.       The incident began on or about October 16, 2022.

32.       However, because Plaintiff is black, she would not have been mistreated by her supervisor and Defendant.

33.       But for Plaintiff complaining of racial discrimination to Defendant, Plaintiff would not have been constructively discharged.

Count I – Section 1981 Discrimination

34.       Plaintiff reincorporates paragraphs 1 through 33 as if fully stated herein.

35.       Plaintiff sues Defendant pursuant to 42 U.S.C. § 1981

36.       Plaintiff and Defendant had an agreement regarding Plaintiff’s employment.

37.       Defendant treated Plaintiff differently because of her race and/or color.

38.       Defendant gave Plaintiff a less favorable schedule in whole or in part because of Plaintiff’s race.

39.       Defendant made it impossible for Plaintiff to work for it due to the actions of Plaintiff’s supervisor, who acted with malice against Plaintiff because of Plaintiff’s race.

40.       Plaintiff suffered the ultimate adverse employment action in whole or in part because of her race.

Wherefore, Plaintiff asserts her right to a fair trial by jury, seeking judgment, back pay, prejudgment interest, compensatory damages, punitive damages, if reinstatement is impossible front pay, attorneys’ fees, and costs.

Count II – Section 1981 Retaliation

41.       Plaintiff reincorporates paragraphs 1 through 33 as if fully stated herein.

42.       Plaintiff sues Defendant for retaliation in violation of 42 U.S.C. § 1981.

43.       The Plaintiff reported what she believed in good faith was racial discrimination by her employer.

44.       Within 30 days of complaining of discrimination, Defendant constructively discharged Plaintiff.

Wherefore, the Plaintiff demands trial by jury, judgment, back pay, prejudgment interest, compensatory damages, punitive damages, if reinstatement is impossible, front pay, attorneys’ fees, and costs.

Count III – Title VII Discrimination

45.       Plaintiff reincorporates paragraphs 1 through 33 as if fully stated herein.

46.       Plaintiff sues Defendant pursuant to 42 U.S.C. § 2000e-5(f)(3).

47.       Defendant treated Plaintiff differently because of her race and/or color.

48.       Defendant gave Plaintiff a less favorable schedule in whole or in part because of Plaintiff’s race.

49.       Defendant made it impossible for Plaintiff to work for it due to the actions of Plaintiff’s supervisor, who acted with malice against Plaintiff because of Plaintiff’s race.

50.       Plaintiff suffered the ultimate adverse employment action in whole or in part because of her race.

Wherefore, the Plaintiff demands trial by jury, judgment, back pay, prejudgment interest, compensatory damages, punitive damages, if reinstatement is impossible, front pay, attorneys’ fees, and costs.

Count IV – Title VII Retaliation

51.       Plaintiff reincorporates paragraphs 1 through 33 as if fully stated herein.

52.       Plaintiff sues Defendant for retaliation in violation of 42 U.S.C. § 2000e-5(f)(3).

53.       The Plaintiff reported what she believed in good faith was racial discrimination by her employer.

54.       Within 30 days of complaining of discrimination, Defendant constructively discharged Plaintiff.

Wherefore, the Plaintiff demands trial by jury, judgment, back pay, prejudgment interest, compensatory damages, punitive damages, if reinstatement is impossible, front pay, attorneys’ fees, and costs.

Count V – FCRA Discrimination

55.       Plaintiff reincorporates paragraphs 1 through 33 as if fully stated herein.

56.       Plaintiff sues Defendant pursuant to the Florida Civil Rights Act.

57.       Defendant treated Plaintiff differently because of her race and/or color.

58.       Defendant gave Plaintiff a less favorable schedule in whole or in part because of Plaintiff’s race.

59.       Defendant made it impossible for Plaintiff to work for it due to the actions of Plaintiff’s supervisor, who acted with malice against Plaintiff because of Plaintiff’s race.

60.       Plaintiff suffered the ultimate adverse employment action in whole or in part because of her race.

Wherefore, the Plaintiff demands trial by jury, judgment, back pay, prejudgment interest, compensatory damages, punitive damages, if reinstatement is impossible, front pay, attorneys’ fees, and costs.

Count VI – FCRA Retaliation

61.       Plaintiff reincorporates paragraphs 1 through 33 as if fully stated herein.

62.       Plaintiff sues Defendant for retaliation in violation of the Florida Civil Rights Act.

63.       The Plaintiff reported what she believed in good faith was racial discrimination by her employer.

64.       Within 30 days of complaining of discrimination, Defendant constructively discharged Plaintiff.

Wherefore, the Plaintiff demands trial by jury, judgment, back pay, prejudgment interest, compensatory damages, punitive damages, if reinstatement is impossible, front pay, attorneys’ fees, and costs.