FIRST AMENDED COMPLAINT FOR DAMAGES

January 6, 2024

XXXX
Plaintiff in Pro Per

SUPERIOR COURT OF THE STATE OF XXXX
FOR THE COUNTY OF XXXX

XXXX,
Plaintiff
vs.
SOUTHERN XXXX
MEDICAL GROUP (SCPMG), a XXXXX
corporation; and DOES 1 through 100,
inclusive,
Defendants

Case No.: XXXXX
FIRST AMENDED COMPLAINT FOR
DAMAGES
1. DISABILITY DISCRIMINATION IN
VIOLATION OF FEHA;
2. FAILURE TO ACCOMMODATE IN
VIOLATION or FEHA,
3. FAILURE TO ENGAGE IN THE
INTERACTIVE PROCESS IN
VIOLATION OF FEHA;
4. RACE AND NATIONAL ORIGIN
DISCRIMINATION IN VIOLATION
OF FEHA;
5. GENDER DISCRIMINATION IN
VIOLATION OF FEHA;
6. NATIONAL ORIGIN HARASSMENT
IN VIOLATION OF FEHA;
7. SEXUAL HARASSMENT IN
VIOLATION OF FEHA;
8. RETALIATION IN VIOLATION OF
FEHA;
9. FAILURE TO PREVENT
DISCRIMINATION, HARASSMENT,
AND RETALIATION IN VIOLATION
OF FEHA;
10. WRONGFUL TERMINATION IN
VIOLATION OF FEHA AND PUBLIC
POLICY,
11. HOSTILE WORK ENVIRONMENT
[DEMAND FOR JURY TRIAL]

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FIRST AMENDED COMPLAINT

COMES NOW Plaintiff XXXX (“Plaintiff”), and who hereby
respectfully alleges, avers, and complains, as follows:
INTRODUCTION

1. This is an action brought by Plaintiff ESTHER ATAM pursuant to XXXX
statutory, decisional, and regulatory laws. Plaintiff was an employee of Defendants at all times
herein mentioned.

JURISDICTION AND VENUE

2. This Court has jurisdiction over all causes of action asserted herein pursuant to
the XXX Constitution, Article VI, §10.
3. This Court has personal jurisdiction over each named Defendant herein because
each Defendant resides in the State of California and has its principal place of business within
the jurisdiction of this Court.
4. Jurisdiction is proper in this Court by virtue of the California statutes, decisional
law, regulations, and the local rules under the Los Angeles County Superior Court Rules.
5. Venue in this Court is proper in that Defendants have a business address located
in the City of XXXX, County of Los Angeles, and State of XXXX.
6. Venue is proper in this Court pursuant to § 395(a) of the XXXX Code of Civil
Procedure because all acts and omissions giving rise to the causes of action stated herein
occurred or arose in the County of XXXX, State of XXXX.

PARTIES

7. At all times herein mentioned, Plaintiff XXXXX (hereinafter referred to
as "ATAM" or "Plaintiff") is and has been a resident of XXXX County, State of XXXX.
8. Defendant SOUTHERN XXXX PERMANENTE MEDICAL GROUP
(SCPMG) (hereinafter referred to as "SCPMG" or "Defendant") is and at all times herein
mentioned has been a California business entity with the capacity to sue and to be sued in
XXXX, and doing business in XXXX
XXXX

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9. Plaintiff is informed, believes, and thereon alleges that each of the Defendants
herein were at all times the agent, employee, or representative of each remaining Defendant and
were at all times herein acting within and outside the scope and purpose of said agency and
employment. Plaintiff further alleges that as to each Defendant, whether named or referred to as
a fictitious name, said Defendants supervised, ratified, controlled, acquiesced in, adopted,
directed, substantially participated in, and/or approved the acts, errors, and/or omissions, of each
remaining Defendant.
10. The true names and capacities of the Defendants named herein as DOES 1
through 100, inclusive, whether individual, corporate, partnership, association or otherwise, are
unknown to Plaintiff, who therefore sues these Defendants by such fictitious names. Plaintiff will
request leave of Court to amend this Complaint to allege their true names and capacities at such
time as they are ascertained.
11. Plaintiff alleges that California statutory, decisional and regulatory laws prohibit
the conduct by Defendants herein alleged, and therefore Plaintiff has entitled to monetary relief
on the basis that Defendants violated such statutes, decisional law, and regulations.
12. Plaintiff is informed and believes that the Defendants committed other wrongful
acts or omissions of which the Plaintiff is presently unaware. Plaintiff shall conduct discovery to
identify said wrongful acts and seek leave of Court to amend this Complaint to add said acts
upon discovery.

FACTUAL ALLEGATIONS

13. Plaintiff, ESTHER ATAM, is a 37-year-old woman of African and Cameroonian
origin who was employed with KAIZER (now SOUTHERN XXXX
MEDICAL GROUP (SCPMG)), at all times herein mentioned. All references to XXXX in this
Complaint shall mean SCPMG.
14. Plaintiff commenced employment with Defendants on or about XXXX
and was employed with SCPMG at [Enter Address].
15. During the time Plaintiff was employed by Defendant, she held the position of

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Emergency Room Registered Nurse where she performed all workplace duties within the scope
of her expertise and knowledge. At all times herein mentioned, Plaintiff performed her duties as
a registered nurse with care, diligence, and competence, having been a licensed nurse for many
years prior to her employment the Defendants.
16. Plaintiffs duties as a registered nurse working in the emergency room at SCPMG
included caring for the hospital’s patients, administering IVs, making patients’ beds, supervising
patients’ recovery and health, and other tasks which are typical for a registered nurse working in
an emergency room in a hospital.
17. Throughout the course of Plaintiffs employment with Defendants, she was subject
to a number of acts in violation of California employment discrimination laws, including
disability discrimination, gender discrimination, racial and national origin discrimination,
national origin harassment, and sexual harassment.
18. These acts were perpetrated both by the management at IMISER.
19. On or about August 2020, Plaintiff began complaining to POETTER about
bullying she had been subjected to by one of her colleagues, Xavier Edwards, who worked
alongside Plaintiff at SCPMG. Such bullying and harassment consisted of a number of incidents.
For example, on or about August 28, 2020, Plaintiff was engaged in a casual conversation with
Mr. Edwards when she mentioned that she had been harassed by two males within the last year at
another job she held before. At the time, Plaintiff considered Mr. Edwards to be a friend since
they often worked in the same shift as nurses.
20. Plaintiff later discovered, however, that Mr. Edwards had been spreading rumors
about Plaintiff to other co-workers, telling them that they should "watch out" for Plaintiff since
she had complained about sexual harassment at another job.
21. From that point on, XXXX began picking on, bullying, and harassing
Plaintiff.
22. Plaintiff first reported XXXXX’ conduct to her supervisors on or about XXXX, after one such incident.

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23. During this incident, Xavier Edwards followed closely behind Plaintiff in the
hallway, getting so close to her that Plaintiff could feel his breath on her neck.
24. He would often try to deliberately give the impression that Plaintiff was not
performing her job competently, such as yelling in the nurse’s room "where is [Plaintiff]," even
though Plaintiff was close by.
25. Mr. Edwards would also make negative remarks about Plaintiff to the hospital’s
patients in an effort to discredit her and make her appear as incompetent and incapable of
performing her duties as a nurse.
26. Mr. Edwards did this persistently and continuously, often coming to the patient’s
room, apparently for the sole purpose of making it appear that Plaintiff was not providing
adequate care for her patients.
27. Throughout this time, XXXX was focused on sabotaging Plaintiffs work
and focused on discrediting her and destroying her reputation in the hospital.
28. On other occasions, XXXX would loudly remark that Plaintiff "looked
high" and would remark on whether she was smoking marijuana while on the job.
29. On other occasions, XXXX would stare down Plaintiff as they passed in the
hallway and would stare at her if Plaintiff was compelled to walk over to his area, which was
often necessary, such as, for example, when she needed to retrieve medication from
the medication carts.
30. The cumulative effect of XXXX actions inflicted severe emotional distress
on Plaintiff and destroyed her sense of security while employed at the hospital, placing her in
fear of physical harm and negatively impacting her ability to competently and professionally care
for her patients, which she had always striven so hard to do.
31. Yet despite Plaintiffs repeated complaints, the supervisors at SCPMG, took no
action to prevent Mr. Edwards from harassing Plaintiff, and effectively committed such activities
to occur, thereby effectively endorsing XXXX’ harassment of Plaintiff.
32. Plaintiff also endured discrimination and harassment from the senior levels of the

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IMISER staff, culminating in her wrongful termination on or about XXXXX. The
problems commenced in or about XXXX, when Plaintiff was asked to leave work by
POETTER, and told she could only return to work with a clearance note from a psychologist.
The reason given for demanding that Plaintiff leave the work premises was that she was mentally
unstable and unfit to function in her role as an emergency room nurse.
33. Plaintiff believes that these actions by the management at SCPMG were acts of
retaliation against her and their effort to portray her as mentally unbalanced because she had
complained about bullying by her co-worker, Xavier Edwards.
34. Furthermore, Plaintiff believes that her mistreatment was substantially motivated
by hostility to her ethnic background and foreign accent, and for this reason,
Defendants attempted to portray Plaintiff as having suffered a psychotic break and also portray
her as unfit to work as a registered nurse.
35. On or about XXXX, Plaintiff file a complaint with the Equal
Employment Opportunity Commission, complaining about the harassment against her
perpetrated by her supervisor, XXX and another supervisor, XXXX.
36. On or about XXXX, an EEOC investigator, XXXX l,
contacted Plaintiff and advised her that she was investigating her complaint and would reach out
to her shortly.
37. In the meantime, Plaintiff continued to receive phone calls from a few of her co-
workers advising her that Xavier Edwards was continuing to spread rumors about her, claiming
that she was psychotic and that she was mentally unstable.
38. Plaintiff has been deeply traumatized and has suffered serious emotional distress
by the actions of SCPMG’s management and their failure to adequately supervise their
employees and to protect those employees who are targets of harassment, bullying, and abuse.
Plaintiff has also suffered financially due to having been wrongfully terminated from her
employment on or about XXXX.
39. Defendants engaged in a calculated program of discrimination, harassment,

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retaliation, and creation of a hostile work environment against Plaintiff due to her psychological
disability status in violation of the California Fair Employment and Housing Act.
40. Furthermore, Plaintiff was also subject to discriminatory treatment which was
motivated by racial discrimination and national origin discrimination and due to the fact that
Plaintiff speaks English with a foreign accent and is of Cameroonian background.
41. In committing these acts and others, Defendants have acted in violation of the
California Fair Employment and Housing Act.
42. Defendants have also committed a number of other violations of the FEHA,
including failure to engage in the interactive process, failure to accommodate Plaintiffs
disability, failure to prevent discrimination, harassment, and retaliation, wrongful termination,
and the creation of a hostile work environment.
43. Plaintiff is informed and believes that the decision-maker(s) wrongfully
terminated her from her employment and subjected her to discrimination and harassment due
to her racial- ethnic background and foreign accent, as well as due to her disability. In doing
so, Defendants subjected Plaintiff to a hostile work environment culminating in her wrongful
termination.
44. Plaintiff has also suffered emotional distress due to the negative treatment she was
subjected to, including stress and anxiety. Prior to filing this Complaint, Plaintiff fulfilled any
legal requirement or exhausted any administrative remedy imposed on her by having filed the
substance of claims alleged herein with the California Department of Fair Employment and
Housing (hereinafter "DFEH"), and has received a Right to Sue Letter from the DFEH.
Plaintiff has therefore substantially complied with all requirements for the filing of this
Complaint and has exhausted Plaintiffs administrative remedies prior to filing, commencing, and
serving the within action.
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FIRST CAUSE OF ACTION
Disability Discrimination in Violation of FEHA

(Against all Defendants)

45. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
46. At all relevant times herein mentioned, California Government Code Section
12940(a) was in full force and effect and was binding upon Defendants. California Government
Code Section § 12940(a) generally prohibits employers from discharging and otherwise
discriminating against an employee based on that employee’s disability.
47. At all relevant times herein mentioned, Defendants were Plaintiffs employers, and
Plaintiff was Defendants’ employee.
48. Plaintiff suffered from a medical condition, including but not limited to
psychological distress, anxiety, depression, and humiliation she sustained during her
employment with Defendants. Plaintiff s disability substantially limits one or more major
life activities, including but not limited to her ability to work. Defendants knew Plaintiff had a
disability that limited her ability to perform major life activities as set forth in this Complaint.
49. Plaintiff’s psychological problems also originated in her prior employment
experiences, where she has been subjected to workplace harassment while working for a
previous employer. Defendants were on notice of Plaintiff’s psychological state and were bound
by the provisions of the Fair Employment and Housing Act, as well as all other applicable law,
to act in accordance with Plaintiffs condition and to not engage in acts that were reasonably
expected to have the effect of aggravating Plaintiffs condition.
50. At all times mentioned herein, Plaintiff performed her essential and increased job
duties and was willing and able to perform the essential job duties of his position or other
suitable positions if Defendants had made reasonable accommodations. At no time would the
performance of the employment position’s functions, with a reasonable accommodation for
Plaintiff’s disability, have been a danger to Plaintiffs or any other person’s health or safety, nor

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would it have created an undue hardship to the operation of Defendants’ business.
51. As set forth more fully above, Defendants discriminated against and took adverse
employment actions against Plaintiff due to her actual or perceived disability, including but not
limited to failing to promptly accommodate her disability, failing to timely interact in good faith
regarding accommodations for her disability, and terminating her employment.
52. As a direct and legal result of Defendants’ discrimination against Plaintiff,
Plaintiff has suffered and continues to suffer general, consequential, and special damages,
including but not limited to substantial losses in earnings and other employment benefits,
physical injuries, emotional distress, humiliation, mental pain, and anguish, all to her damage in
an amount according to proof.
53. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, and
with a conscious disregard of Plaintiffs rights and Plaintiff is therefore entitled to punitive
damages in an amount to be determined at trial according to proof.
54. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.

SECOND CAUSE OF ACTION
Failure to Accommodate in Violation of FEHA

(Against all Defendants)

55. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
56. At all relevant times herein mentioned, XXX Government Code Section §
12940(m) was in full force and effect and was binding upon Defendants. California Government
Code Section § 12940(m) generally prohibits employers from failing to make reasonable
accommodations for the known physical or mental disability of an employee.
57. Plaintiff was an employee of Defendants covered by California Government Code

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§ 12940, et seq, prohibiting discrimination based on disability and prohibiting an employer’s
refusal to reasonably accommodate qualified disabled employees.
58. Plaintiff suffered from a disability during her employment with Defendants.
Plaintiff’s disability substantially limits one or more major life activities, including but not
limited to her ability to work. Defendants knew Plaintiff had a disability that limited her ability
to perform major life activities as set forth in this Complaint.
59. Plaintiff’s psychological problems were derived in part by her prior employment
experiences, where she had been subjected to workplace harassment while working for a
previous employer. Defendants were on notice of Plaintiffs psychological state and were bound
by the provisions of the Fair Employment and Housing Act, as well as all other applicable law,
to act in accordance with Plaintiffs condition and to not engage in acts that were reasonably
expected to have the effect of aggravating Plaintiffs condition.
60. At all times mentioned herein, Plaintiff was willing and able to perform the
essential job duties of her position or other suitable positions if reasonable accommodation had
been made by Defendants. At no time would the performance of the functions of the employment
position, with a reasonable accommodation for Plaintiff’s disability, have been a danger to
Plaintiffs or any other person’s health or safety, nor would it have created an undue hardship to
the operation of Defendants’ business.
61. As set forth more fully above, Defendants failed to reasonably accommodate her
disability, and instead of interacting about accommodations, Defendants retaliated against
Plaintiff because of her disabilities and/or her requests for accommodation for her disabilities.
62. As a proximate result of the wrongful conduct of Defendant, and each of them,
Plaintiff has suffered general, consequential, and special damages, including but not limited
to substantial losses in earnings, other employment benefits, personal physical injuries, and
sickness, as well as emotional distress, humiliation, and mental pain and anguish, all to her
damage in an amount to be determined at trial according to proof.
63. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and

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oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, an
with a conscious disregard of Plaintiffs rights and Plaintiff is therefore entitled to punitive
damages in an amount to be determined at trial according to proof.
64. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.

THIRD CAUSE OF ACTION

Failure to Engage in the Interactive Process in Violation of FEHA

(Against all Defendants)

65. Plaintiff hereby incorporates by reference the allegations in the paragraphs above
as though fully set forth herein.
66. At all times relevant herein, Government Code § 12940(n) was in full force and
effect and was binding upon Defendants. This section provides that it is unlawful for an
employer to fail to engage in a timely, good faith, interactive process with an employee
to determine adequate, reasonable accommodations in response to a request by the
employee for reasonable accommodation by the employer for a known disability.
67. Plaintiff suffered from a disability during her employment with Defendants.
Plaintiff’s disability substantially limits one or more major life activities, including but not
limited to her ability to work. Defendants knew Plaintiff had a disability that limited her ability
to perform major life activities as set forth in this Complaint.
68. Plaintiff’s psychological problems were derived in part by her prior employment
experiences, where she had been subjected to workplace harassment while working for a
previous employer. Defendants were on notice of Plaintiffs psychological state and were bound
by the provisions of the Fair Employment and Housing Act, as well as all other applicable law,
to act in accordance with Plaintiffs condition and to not engage in acts that were reasonably
expected to have the effect of aggravating Plaintiffs condition.
69. At all times material to this Complaint, Plaintiff was willing to participate in an

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interactive process to determine whether a reasonable accommodation could be made so that she
would be able to perform the essential job requirements for her position or any other positions
within SCPMG for which she was eligible.
70. Defendants failed to participate in a timely, good-faith interactive process with
Plaintiff to determine whether a reasonable accommodation could be made.
71. As a proximate result of Defendants’ discrimination against Plaintiff, Plaintiff has
suffered and continues to suffer general, consequential, and special damages, including but not
limited to substantial losses in earnings and other employment benefits, physical injuries,
emotional distress, humiliation, mental pain, and anguish, all to her damage in an amount
according to proof.
72. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, and
with a conscious disregard of Plaintiffs rights and Plaintiff is therefore entitled to punitive
damages in an amount to be determined at trial according to proof.
73. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.
FOURTH CAUSE OF ACTION

Race and National Origin Discrimination in Violation of FEHA

(Against all Defendants)

74. Plaintiff hereby incorporates by reference the allegations ln the above paragraphs
of this Complaint as though fully set forth herein.
75. At all times herein mentioned, Government Code § 12940(a) was in full force and
l0 effect and was binding upon Defendants. The said section requires Defendants and their
employees and agents not to discriminate against Plaintiff on the basis of her race and national
origin in the terms, conditions, and privileges of her employment.
76. At all times material hereto, Defendants were employers covered by the FEHA

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and Defendants employed Plaintiff.
77. Plaintiff is a black and African woman from Cameroon.
78. As a result of Defendants’ adverse employment actions against Plaintiff, including
subjecting her to harassment and creating a hostile work environment for her, Plaintiff
was subjected to extreme forms of harassment, abusive conduct, bullying, and ridicule and was
ultimately wrongfully terminated from her employment. Defendants continuously subjected
Plaintiff to extreme forms of harassment and psychological abuse, including but not limited to
falsely and without justification labeling her as psychotic, impugning her mental state, and
implying that she suffered from a psychological illness.
79. Defendants discriminated against and took several adverse employment actions
against Plaintiff due to her race and national origin, including but not limited to labeling her as
mentally ill and unfit to perform her work duties in an attempt to forcibly remove her from
employment with SCPMG.
80. Plaintiff is informed and believes that her race and national origin as an American
of Cameroonian origin and nationality was a substantial motivating factor in Defendants’
decision to take adverse employment actions against her.
81. As a proximate result of Defendants’ wrongful conduct, and each of them,
Plaintiff has suffered and continues to sustain substantial losses in earnings and other
employment benefits in an amount to be determined at trial according to proof.
82. As a proximate result of Defendants’ wrongful conduct, and each of them,
Plaintiff has suffered humiliation, emotional distress, and mental pain and anguish, all to Plaintiff
s damage in an amount to be determined at trial according to proof.
83. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, and
with a conscious disregard of Plaintiffs rights and Plaintiff is therefore entitled to punitive
damages in an amount to be determined at trial according to proof.
84. Plaintiff has also incurred and continues to incur legal expenses and attorney’s

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fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code XXX.

FIFTH CAUSE OF ACTION
Gender Discrimination in Violation of FEHA

(Against all Defendants)

85. Plaintiff hereby incorporates by reference the allegations in the paragraphs above
as though fully set forth herein.
86. Plaintiff was at all times herein mentioned a female protected by the XXXX
Fair Housing and Employment Act.
87. Defendant SCPMG is an private entity employing at least the minimum number
of persons needed to qualify doing business within the State of XXXX and subject to the
California Fair Employment and Housing Act.
88. Plaintiff is informed and believes that she was subject to adverse employment
decisions due to her gender and because she is a female.
89. Based on the foregoing facts, Plaintiff filed a charge of discrimination with the
FEHA against Defendants and a Right to Sue letter was issued. Plaintiff was fully qualified and
competent to perform her job duties as she had previously been performing the increased job
responsibilities for multiple years. Defendant SCPMG engaged in gender discrimination against
Plaintiff by including but not limited to the following: permitting and tacitly encouraging her
male co-worker to bully, harass, and emotionally traumatize her to the point where it
substantially interfered with her work duties, failing to take any action at all to prevent Plaintiff,
a female, from being harassed by her male co- worker, forcing her to leave the work premises,
forcing her to undergo psychiatric examinations without any justification, and ultimately
terminating her from her employment.
90. Plaintiff was subjected to sexual and/or gender harassment and discrimination
during her employment. Plaintiff was subjected to differential treatment by Defendant SCPMG
because she is a female.

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91. As a proximate result of Defendant SCPMG’s discrimination, harassment, and
retaliatory actions against Plaintiff, Plaintiff has suffered and continues to suffer general,
consequential, and special damages, including but not limited to substantial losses in earnings,
other employment benefits, physical injuries, physical sickness, as well as emotional distress,
plus medical expenses, future medical expenses, all to her damage in an amount according to
proof.
92. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, and
with a conscious disregard of Plaintiff s rights and Plaintiff is therefore entitled to punitive
damages in an amount to be determined at trial according to proof.
93. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.

SIXTH CAUSE OF ACTION

National Origin Harassment in Violation of FEHA

(Against all Defendants)

94. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
95. At all relevant times herein mentioned, XXX Government Code Section §
12940(j) was in full force and effect and was binding upon Defendants. Government Code
section 12940(j) provides that it is an unlawful employment practice for "an employer … or any
other person, because of national origin to harass an employee, an applicant, or person providing
services pursuant to a contract." Government Code Section 12923(b) states “a single incident
of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile
work environment if the harassing conduct has unreasonably interfered with the
plaintiffs work performance or created an intimidating, hostile, or offensive working
environment.” Government Code section 12940(j)(4)(A) provides, in part: "For purposes of

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this subdivision only, ’employer’ means any person regularly employing one or more
persons or regularly receiving the services of one or more persons providing services pursuant to
a contract, or any person acting as an agent of an employer, directly or indirectly, the state, or
any political or civil subdivision of the state, and cities." Government Code section
12940(j)(3) provides: "An employee of an entity … is personally liable for any harassment
prohibited by this section that is perpetrated by the employee.”
96. Plaintiff ATAM is an African woman of Cameroonian descent.
97. Defendants’ employees subjected Plaintiff to unwanted harassing conduct,
including bullying her and attempting to intimidate her, for example by following her in the
hallways and spreading rumors about her to other colleagues.
98. Defendants also subjected Plaintiff to harassing conduct by implying without
evidence or justification that she suffered from a psychological illness, that she was overly
emotional, and that she was otherwise unfit to perform her duties as a registered nurse.
99. Plaintiff is informed and believes that Defendants targeted her due to her national
origin as a Cameroonian, due to her African origins, and due to her foreign accent and immigrant
origins, such that Defendants falsely portrayed Plaintiff as being psychologically unwell and
emotionally unstable. Plaintiff is informed and believes that Defendants did not subject other
employees of Caucasian and non-African origin to similar treatment and that said employees
were subject to relatively favorable treatment due to their Caucasian and non-African origins.
100. The harassment unreasonably interfered with Plaintiff s work performance and it
created an intimidating, hostile, and offensive working environment.
101. Plaintiff was harmed and as a proximate result of the wrongful conduct of
Defendants, and each of them, Plaintiff has suffered general, consequential and special damages,
including but not limited to substantial losses in earnings, other employment benefits, physical
injuries, physical sickness, as well as emotional distress, humiliation, and mental pain and
anguish, plus medical expenses, future medical expenses, all to her damage in an amount to be
determined at trial according to proof.

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102. Defendants’ conduct was a substantial factor in causing Plaintiffs harm.
103. In doing the acts herein alleged, Defendants, and each of them, acted with
oppression, fraud, and malice, and in conscious disregard of Plaintiff s rights and Plaintiff is
therefore entitled to punitive damages in an amount to be determined at trial according to proof.
104. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.
SEVENTH CAUSE OF ACTION
Sexual Harassment in Violation of FEHA
(Against all Defendants)

105. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
106. At all relevant times herein mentioned, California Government Code Section
§12940(j) was in full force and effect and was binding upon Defendants. California Government
Code Section § 12940(j) generally prohibits employers from subjecting their employees to sexual
harassment.
107. Plaintiff had a professional relationship with Defendants and Defendants’
employees since she was an employee of Defendants and was continuously placed in a
situation where she was compelled to interact with Defendants’ other employees, including
other nurses and staff members employed at SCPMG.
108. Plaintiff was exposed to sexual harassment by her male coworker, Xavier
Edwards, who was a registered nurse and employee of SCPMG, and who was acting at all times
within the scope of his employment with IMISER, and committed all his acts while on
the premises at SCPMG and while engaged in his workplace duties.
109. This sexual harassment included warning other employees of SCPMG that they
should be careful when interacting with Plaintiff since she had complained about instances of
sexual harassment at her previous job, making aggressive gestures towards her, such as walking

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very closely behind her in the hallways such that Plaintiff could feel his breath on her neck,
staring at her while passing her in the hallways, and ridiculing her physical attributes, such as her
manner of walking and facial expressions.
110. This conduct was unwelcome and also pervasive and severe.
111. As a proximate result of the wrongful conduct of Defendant, and each of them,
Plaintiff has suffered general, consequential, and special damages, including but not limited t
substantial losses in earnings, other employment benefits, personal physical injuries, and
sickness, as well as emotional distress, humiliation, and mental pain and anguish, all to her
damage in an amount to be determined at trial according to proof.
112. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, and
with a conscious disregard of Plaintiffs rights and Plaintiff is therefore entitled to punitive
damages in an amount to be determined at trial according to proof.
113. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.

EIGHTH CAUSE OF ACTION
Retaliation in Violation of FEHA
(Against all Defendants)

114. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
115. As set forth fully above, Plaintiff was engaged in a protected activity, including
but not limited to seeking reasonable accommodations for her psychological conditions,
attempting to engage in a timely good faith interactive process and exercising the rights to which
she was entitled. These psychological conditions arose out of her prior experiences at her
previous job as well as deriving from her experiences as an employee of SCPMG and the
workplace harassment and hostile work environment she had been subjected to at SCPMG.

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116. Additionally, Plaintiff engaged in protected activity by exercising her right to
report any form of harassment or discrimination to her employer, including the harassment
she had been enduring from her coworker, Xavier Edwards, as well as the sexual harassment she
had encountered from the same employee, as well as the harassment due to her race and
national origin, including falsely portraying her as mentally ill and psychologically unstable.
117. As a result of Plaintiffs exercising of her right to seek reasonable accommodation
for her disability, on account of her attempt to engage in a timely good faith interactive process
to determine reasonable accommodations, and the exercise of her right to report violations of
FEHA by her employer, Defendants retaliated against Plaintiff by terminating her employment
and/or other adverse employment actions.
118. Defendants moreover prevented Plaintiff from continuing to perform her work
duties at SCPMG by cancelling her work shifts and ultimately terminating her from employment
at SCPMG on or about March 18, 2021.
119. As a proximate result of the wrongful conduct of Defendants and each of them,
Plaintiff has suffered general, consequential, and special damages, including but not limited to
substantial losses in earnings, other employment benefits, personal psychological injuries, and
severe emotional distress, humiliation, and mental pain and anguish, and attorneys’ fees and legal
expenses, all to her damage in an amount to be determined at trial according to proof.
120. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, and/or
with a conscious disregard of Plaintiffs rights.
121. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.
///
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///

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NINTH CAUSE OF ACTION

Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of FEHA

(Against all Defendants)

122. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
123. As set forth fully above, Plaintiff was engaged in a protected activity, including
but not limited to communicating to Defendants that she was the target of harassment and
bullying by her co-worker and demanding that Defendants take decisive action to end such
harassment and bullying.
124. As a result of Plaintiffs protected activity, Defendants retaliated against Plaintiff
by subjecting her to adverse employment actions, including but not limited to, labeling her as
psychotic, suggesting without any justification that she was mentally ill and not competent to
perform her duties as a registered nurse, subjecting her to extreme emotional distress, creating a
hostile work environment for her in a calculated effort to retaliate against her for having reported
her co-worker’s bullying and harassment, and ultimately terminating her from her employment.
125. In addition to the foregoing and as set forth in greater detail above, Defendants
subjected Plaintiff to discrimination, including discrimination on the basis of race, national
origin, and gender and such discrimination took a number of forms, including falsely impugning
Plaintiffs ability to perform her workplace duties and ultimately terminating her from her
employment from IMISER on the basis of these allegations against her. Defendants had
knowledge of the discrimination, harassment, and retaliation through their agents, supervisors,
and managers.
126. Defendants failed to take reasonable steps to prevent discrimination, harassment,
and retaliation from occurring. Such conduct violates California Government Code section
12900 et seq., and has resulted in damage and injury to Plaintiff as alleged herein.
127. As a proximate result of the wrongful conduct of Defendants, and each of them,
Plaintiff has suffered general, consequential, and special damages, including but not limited

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to substantial losses in earnings, other employment benefits, and personal physical injuries, as
well as emotional distress, humiliation, and mental pain and anguish, and legal expenses, all to
her damage in an amount to be determined at trial according to proof.
128. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiffs civil rights, and/or
with a conscious disregard of Plaintiffs rights.
129. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.

TENTH CAUSE OF ACTION

Wrongful Termination in Violation of FEHA and Public Policy

(Against all Defendants)

130. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
131. At all relevant times, Plaintiff was an employee of Defendants and Defendants
were Plaintiff’s employer.
132. On or about XXXX, Defendants wrongfully terminated Plaintiff from her
employment based on false allegations that she was psychologically unstable and not fit to
perform her duties as a registered nurse. In reality, Defendants’ discharge of Plaintiff from her
employment was motivated by discrimination on the basis of gender, race, and national origin, as
well as motivated by a desire to retaliate against Plaintiff for having complained about the
workplace harassment and hostile work environment she had been subjected to, as well as
complaining about the gender harassment and sexual harassment she had endured from her
colleague, Xavier Edwards.
133. XXX law prohibits an employer from terminating the employment of an
employee for reasons that are in violation of public policy.
134. The wrongful discharge of Plaintiff by Defendant SCPMG violates fundamental

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principles of public policy in that there is a substantial and fundamental policy against
terminating employees for unlawful purposes, including on account of an employee’s disability
on account of an employee’s request for reasonable accommodations for a disability, her attempts
to engage in a timely good-faith interactive process, and for exercising rights under the
Constitution and the laws of the State of XXXX.
135. Defendants violated California law and the applicable provisions of the California
Fair Employment and Housing Act by terminating Plaintiff’s employment for reasons that are
illegal and are motivated by discriminatory intent and a desire to retaliate against Plaintiff for
engaging in protected activities.
136. As a proximate result of the wrongful conduct of Defendant, and each of them,
Plaintiff has suffered general, consequential, and special damages, including but not limited to
substantial losses in earnings, other employment benefits, personal physical injuries, and
sickness, as well as emotional distress, humiliation, and mental pain and anguish, and attorneys’
fees and legal expenses, all to her damage in an amount to be determined at trial according to
proof.
137. In doing the acts herein alleged, Defendants acted maliciously, fraudulently, and
oppressively, in an intentional and deliberate manner, in violation of Plaintiff s civil rights,
and/or with a conscious disregard of Plaintiffs rights.
138. Plaintiff has also incurred and continues to incur legal expenses and attorney’s
fees. Plaintiff is presently unaware of the precise amount of these expenses and fees. Plaintiff
requests an award of attorney’s fees pursuant to Government Code § 12965.
ELEVENTH CAUSE OF ACTION
Hostile Work Environment
(Against all Defendants)

139. Plaintiff hereby incorporates by reference the allegations in the above paragraphs
of this Complaint as though fully set forth herein.
140. As more fully set forth above, Plaintiff was subjected to unwanted harassing

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conduct because of her race, national origin, and disability status, as well as being motivated by a
desire to retaliate against Plaintiff for having complained about such discrimination and
harassment.
141. The harassing conduct was so severe, widespread, and persistent that a reasonable
person in Plaintiffs circumstances would have considered the work environment to be hostile or
abusive so as to alter the conditions of employment.
142. Plaintiff considered the work environment hostile and abusive due to the actions
of IMISER’s employees.
143. Defendants’ conduct harmed Plaintiff. Defendants’ conduct was a substantial
factor in causing such harm.
144. Plaintiff is informed, believes, and thereon alleges that Defendants had reason to
know of their employees’ propensity for harassing employees who were subject to their
supervision because they had received complaints about their conduct.
145. As a proximate result of the wrongful conduct of Defendant, and each of them,
Plaintiff has suffered general, consequential, and special damages, including but not limited to
substantial losses in earnings, other employment benefits, personal physical injuries, and
sickness, as well as emotional distress, humiliation, and mental pain and anguish, all to her
damage in an amount to be determined at trial according to proof.
146. Plaintiff has also incurred and continues to incur attorney’s fees and legal
expenses in an amount to be determined at trial according to proof and therefore requests an
award of attorney fees for amounts expended.

PRAYER FOR RELIEF

1. For damages according to proof, including loss of earnings, deferred compensation, and
other employment benefits;
2. For prejudgment interest on lost wages and benefits;
3. For general damages, according to proof;
4. For other special damages according to proof, including, but not limited to. reasonable

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medical expenses;
5. For all damages available for violations of the FEHA and the Government Code;
6. For attorney’s fees and costs of suit incurred, pursuant to Government Code § 12965(b),
and any other applicable provisions of law;
7. For interest at the legal rate from the date of injury or pursuant to Code of Civil
Procedure § 3287;
8. For costs incurred by Plaintiff, including reasonable attorneys’ fees and costs of suit, in
obtaining the benefits due Plaintiff and for violations of Plaintiffs’ civil rights as set forth
above; and
9. For such other and further relief as the Court deems just and proper.

DATED:
Respectfully submitted,

____________________________
XXXX

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DEMAND FOR JURY TRIAL
Plaintiff hereby respectfully demands a jury trial.

DATED:
Respectfully submitted,

____________________________
XXXX
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