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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Fred L. Nance Jr.

) ) Plaintiff, ) ) vs. ) ) Comcast Corporation, NBCUniversal ) Media, LLC, Open 4 Business Productions, ) Universal Television LLC, Joan Philo ) Casting, Empire Casting LLC, et al. ) ) Defendants. )

Case No. 16-CV-11635 Honorable Judge: Harry D. Leinenweber Honorable Magistrate Judge: Susan E. Cox Courtroom: 1941

PLAINTIFF’S SECOND AMENDED COMPLAINT NOW COMES, Pro se Plaintiff Fred L. Nance Jr. (hereinafter, “Plaintiff”) complaining he was wrongly discharged/terminated, unlawfully discriminated and retaliated against pursuant to 42 U.S.C. § 2000e et seq. as amended and the Civil Rights Ac/t of 1991 (hereinafter, “Title VII”); and Age Discrimination in Employment Act (hereinafter, “ADEA”) of 1967; and 42 U.S.C. 19811 (hereinafter, “1981”) by employees/representatives/contractors of his employer(s) Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et al. and alleges as follows: 1. In a case involving more than one corporate entity, successor liability is “the default rule to enforce federal labor or employment laws.” Teed v. Thomas & Betts Power Solutions, LLC, 711 F.3d 763, 769 (7th Cir.2013). The court recently articulated a five-factor test for successor liability in the federal employment-law context: (1) whether the successor had notice of the pending lawsuit; (2) whether the predecessor could have provided the relief sought before the 1

Section 1981 demands that all persons within the jurisdiction of the United States enjoy equal benefits and endure equal punishments under the law—regardless of race.9 This significant edict of racial equality was born just after the Civil War, nestled into the Civil Rights Act of 1866. Page 1 of 52

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sale or dissolution; (3) whether the predecessor could have provided relief after the sale or dissolution; (4) whether the successor can provide the relief sought; and (5) whether there is continuity between the operations and work force of the predecessor and successor. Teed, 711 F.3d at 765–66. (Quoting from E.E.O.C. v. Northern Star Hospitality, Inc., 777 F.3d 898, 901 (7th Cir. 2015). JURISDICTION AND VENUE 2. This court has jurisdiction pursuant to 42 U.S.C. 19812, the First Amendment of the U.S. Constitution, the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. as amended (“Title VII”) and the Civil Rights Act of 1991, and Age Discrimination in Employment Act (ADEA) of 1967. 3. Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1343 and 42 U.S.C. § 2000e-5, as well as the supplemental jurisdiction as defined in 28 U.S.C. § 1367. 4. This action properly lies in the Northern District of Illinois, Eastern Division, pursuant to 28 U.S.C. § 1391(b) and (c) because plaintiff and all defendants either reside in the District or engage in the operation of business in this District, and all events giving rise to plaintiff’s claims occurred within the District. PARTIES 5. Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et al are being sued in their official capacity. During the alleged discriminatory actions and retaliation, defendants/their employees/representatives/contractors were in charge of the day-to-day operations of the 2

Section 1981 of the U.S. Code states in relevant part: “All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.” 42 U.S.C. § 1981 (2013) Page 2 of 52

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Chicago Med television show at Cinespace Studios, 1409 South Rockwell Street, Chicago, Illinois 60608 and are being sued in their official capacity. All individuals described in this complaint are employees/representatives/contractors and/or agents of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al, and Chicago, Illinois’ legislative city council. 6. Defendants Joan Philo Casting, Joan Philo, Kristin Doe, and Empire Casting LLC were in charge of the day-to-day casting for the Chicago Med television show, which operates at the Cinespace Studios, 1409 South Rockwell Street, Chicago, Illinois 60608. Joan Philo Casting, Joan Philo, Kristin Doe, and Empire Casting LLC are employed and/or are employees/representatives/contractors of/by Comcast Corporation, NBCUniversal Media, LLC, and Open 4 Business Productions, et.al. providing extras/background cast members for NBC television shows Chicago Med, Chicago Fire, and Chicago Justice. All casted and production employees/contractors/representatives have an employee/employer relationship with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting and Empire Casting LLC. 7. Within all meaning and times during the alleged violations to Title VII, ADEA, and 1981 Joan Philo Casting is a company. Joan Philo Casting’s Facebook page is under the Darling Series http://www.thedarlingseries.com/joan-philo-casting/default.aspx. Joan Philo Casting promotes and solicits itself as an agency/company on Facebook and other social media. 8. On or about September 2016, plaintiff became aware Empire Casting LLC was in charge of the day-to-day administrative and some casting operations of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan

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Philo Casting, which created an employer/employee relationship with all background/extras for Chicago Med, Chicago Fire and Chicago Justice, which includes the plaintiff. 9. Plaintiff was notified, by email, on or about September 28, 2016 his employer/employee relationship was transferred to Empire Casting LLC. 10. At all times, from December 2014 thru September 28, 2016, plaintiff had an employment/employee relationship with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al. 11. At all times during this alleged violations of Title VII, ADEA, and 1981 Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson were employees/representatives/contractors of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC. ADMINISTRATIVE PROCEDURE 12. On or about April 26, 2016, and as EEOC description of a “continuing action” reports, plaintiff filed Equal Employment Opportunity Commission (EEOC) charges against Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al. 13. On or about July 26, 2016 EEOC scheduled mediation between the parties plaintiff, Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC representative lawyer Stephen J. Malone, and Joan Philo of Joan Philo Casting. 14. On or about July 26, 2016 EEOC mediation failed.

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15. On September 24, 2016 plaintiff filed a wage claim with the Illinois Department of Labor (IDOL). 16. On September 28, 2016 Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al. terminated plaintiff, representative Mark Olson stating plaintiff could not be employed on any NBC show. 17. On or about October 3, 2016 plaintiff amended his EEOC charges against Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al. 18. On or about October 17, 2016 EEOC issued to plaintiff his Dismissal and Notice of Rights to sue Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al. NATURE OF THE LAWSUIT 19. For purposes of this litigation, Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al. are located at Cinespace Studios in Chicago, Illinois. 20. Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al, produces the television show Chicago Med in Chicago at Cinespace Studios; and Joan Philo Casting and Empire Casting LLC are employed/representatives/contractors of or by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al, to cast extras/background employees for the show Chicago Med, Chicago Fire and Chicago Justice.

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21. Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al, Joan Philo and Kristin Doe et al. having knowledge of alleged Title VII, ADEA, and 1981 violations provided by plaintiff did nothing to curb the character and behavior of their representatives/employees/contractors leading to violations Title VII, ADEA, and 1981. 22. Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC employees/contractors/representatives and others continued their discrimination, harassment and retaliation in violation of Title VII, ADEA, and 1981 against the plaintiff; and plaintiff reported this character and behavior to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al. 23. Illinois State Actor, Alderman Jason C. Ervin’s non-action contributed to the continued violations of Title VII, ADEA, and 1981, especially since plaintiff informed Ervin’s staff and representatives verbally, providing documentation, and discussing it in his writings with Ervin’s staff regarding the violations of the Illinois Film Tax Credit statute, otherwise known as “Revenue. (35 ILCS 16/) Film Production Services Tax Credit Act of 2008. 24. Plaintiff claims extras/background hired by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al., who are employees working on NBC’s Chicago Med television show, who are white males and females over 40 years old, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott et al. were alleged, on or around September of 2015 thru the time of plaintiff’s termination, to have threatened and harassed other employees/representatives/contractors of Comcast Corporation, NBCUniversal Media, LLC,

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Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC on the Chicago Med show with physical force and/or intimidating words/language but were not disciplined or terminated. 25. Plaintiff alleges other extras/background employees complained about not being paid but received no discipline and were not discharged. 26. Plaintiff provides a short, plain, and, at times, a detailed statement of his claims showing plaintiff is entitled to relief pursuant to Federal Rule of Civil Procedure (Rule) 8(a)(2). STATEMENT OF FACTS 27. On or about August 22, 2015, plaintiff (black male, over 40 years old) was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al., and cast as an extra/background “Core” Doctor employee on the television show Chicago Med by Joan Philo. 28. In or around August of 2015 Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC began production and shooting scenes of Chicago Med’s television series for Season 1. 29. From approximately August of 2015 through September 2016, there were 4 to 5 white female nurses, who were background/extras, telling other background/extras (nurses and med techs) how to do their job without permission to do so by production. 30. In or around September of 2015, these white female nurses’ intimidated, threatened and harassed a white female med tech, Sandy Grabowski Reinstein (hereinafter, “Sandy”), telling her how to do her job after a production assistant told her (Sandy) how to do her job. 31. Sandy told plaintiff what happened. 32. Sandy and plaintiff worked together on some of the “crossover” scenes with Chicago Fire

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and Chicago Med earlier in the year of 2015. 33. Plaintiff told Assistant Director, Patrick Priest (hereinafter, “Patrick”) and Joan Philo what happened to Sandy. 34. Patrick gathered all background/extras together and discussed the “Suspension of Disbelief”, a 200 year precedent about the “false” realities of theatre and film, instructing extra/background employees to stop harassing, threatening and intimidating others on set. 35. The 4 or 5 white female nurses continued to harass, threaten and intimidate other background/extras on the Chicago Med set. 36. Some of these incidents were reported to Joan Philo and Chicago Med production. 37. Neither Patrick, Joan Philo, Kristin Doe, or any production staff/employees/contractors reported any of the threats, harassment, or intimidation incidents regarding the 4 to 5 white females background/extras on the Chicago Med set to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC in California as was reported on plaintiff. 38. On or about February 10, 2016 Christie Tate (hereinafter, “Christie”) began working on Chicago Med as a background/extra nurse. 39. Patrick assigned Christie and plaintiff to work together on a scene. 40. Patrick asked plaintiff to show Christie what to do, as he has done when other new background/extras would work with or around plaintiff. 41. Plaintiff has over 20 years of acting experience in theatre, 3 years of acting experience with film, and is a script supervisor for 2 short films (Wrong Package and Clash of the Vampires). 42. On February 10, 2016 Christie asked plaintiff to take photos with her while they were in

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the holding area located at 1409 South Rockwell, Chicago Illinois on the 2 nd floor. 43. On February 14, 2016 Christie and plaintiff exchanged pleasantries on Valentine’s Day via text and phone. 44. Christie and plaintiff worked together on Chicago Med until they were booked and began working on the Empire television show (hereinafter, “Empire television”) on February 17th and 18th, 2016. 45. Christie, plaintiff and Donny Williams (hereinafter, “Donny”) worked on Empire television on February 17, 2016. 46. On February 17, 2016 as Donny and plaintiff were waiting to be called to the Empire television set, Donny told plaintiff Christie was his girlfriend. 47. On February 17, 2016 Christie informed plaintiff Donny text her with some derogatory language about him (plaintiff). 48. On February 17, 2016 plaintiff posted a message on Facebook stating a person was going around telling people he brought me into the film business. 49. On February 17, 2016 plaintiff did not name anyone in his posting on Facebook. 50. On February 17, 2016 Donny began harassing the plaintiff on Empire television.3 51. On February 17, 2016 Empire television Assistant Director directed Christie and plaintiff to walk away from Terrence Howard and Christie decided she was going to walk near Terrence Howard. 52. Plaintiff informed Christie they could not work together anymore because she was not following the directions of production staff.

3 As we neared the end of the Fox TV show Empire working day on February 17, 2016, plaintiff was standing on the stairs waiting to be placed for another scene with his new partner, FeLaun Ranice. While standing on the staircase, Donny came up behind plaintiff talking in his ear, while we were supposed to be quiet, stating “…you been talking to my girl a little too much….” Plaintiff told Donnie, quietly, to get out of his ear. Donny continued to make threatening remarks in plaintiff’s ear until plaintiff was called to his placement for the scene. Plaintiff could not get away from Donny while waiting on the stairs with other extras all around him.

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53. On February 19, 2016 plaintiff returned to the Chicago Med set. 54. On February 19, 2016 some background/extras informed plaintiff, Donny and Christie were talking about him in a negative way in regards to a Facebook posting and what happened on the Empire television set. 55. Plaintiff ignored the information and went on about his business on the Chicago Med set. 56. On February 22, 2016, while on the Chicago Med set, some background/extras told plaintiff, Donny said Joan Philo was going to give him an episode off for defaming Donny on Facebook. 57. On February 22, 2016 Nance informed Patrick he was being harassed by Donny and Christie. 58. On or about February 22, 2016, Patrick informed plaintiff Christie told him plaintiff was harassing her because he was telling her how to do her job; and Donny told him plaintiff was harassing him by posting a writing about him on Facebook. 4 59. On February 22, 2016 plaintiff asked Patrick why he did not inform him Donny and Christie filed these complaints against him. 60. On or about February 22, 2016 plaintiff reported to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al., production crew, Joan Philo, and Kristin Doe discriminatory practices, harassment, intimidation and retaliatory acts by employees/representatives/contractors of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al.

4

Plaintiff posted this statement on Facebook (while on the Fox TV Empire set) stating, “I got a real idiot making derogatory statements about me and lying about bringing me into the film business. This lunatic, trying to impress a woman, tells her he brought me into the business. I met this knucklehead, lifetime "extra", on one of the television shows. We really got some losers in the world. What should I do about this "crack" pot?” (Posted on Facebook February 18, 2016 at 11:21 am)

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61. On March 31, 2016 plaintiff wrote letters to Mr. Robert Greenblatt, President of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC and Wolf Films, Inc., Mr. Dick Wolf, Executive Producer of Chicago Med about violations of Title VII, ADEA, and 1981, which are incorporated in plaintiff’s statements in his EEOC charge(s). 62. On April 10, 2016 plaintiff wrote a letter to Mr. Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC discussing the violations of Title VII, ADEA, and 1981, which are incorporated in plaintiff’s statements in his EEOC charge. 63. On or about February 24, 2016, plaintiff delivered a package of printed paper text messages between Christie and himself to Joan Philo and Patrick Priest. 64. Joan Philo informed plaintiff she did not know anything about the issues until plaintiff brought it to her attention. 65. Joan Philo sent the information plaintiff gave her to Martha Schneipp, (hereinafter, “Martha”) HR NBC Universal Entertainment. 66. On February 24, 2016, Marcus Funches (hereinafter “Marcus”) asked background/extra Latanya Morris if she was the woman plaintiff was harassing, knowing the alleged harassment claim was made by Christie. 67. Marcus is close friend of Donny and Christie. 68. On or about March 2, 2016 at approximately 4:01 pm (CST) Martha called plaintiff asking him to explain his story. 69. On or about March 2, 2016 Martha told plaintiff she would investigate and call him back. 70. On or about March 7, 2016 plaintiff told Martha that Marcus was harassing him.

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71. On or about March 7, 2016 plaintiff drafted a detailed letter of the incident and sent it to Martha by certified mail. 72. Plaintiff wrote 2 more additional certified letters to Martha. 73. On or about March 9, 2016 Chicago Med production staff began treating plaintiff differently, in a negative way. 74. On or about March 9, 2016 plaintiff was placed in the doctor's lounge on the Chicago Med set with the lights turned off during a scene. 75. On or about March 9, 2016 plaintiff asked Nicole McGovern (white, female; hereinafter, “Nicole”), one of the Production Assistants, why did she place him sitting in the dark in this scene. 76. On or about March 9, 2016 Nicole said "don't talk to me like that" just sit in the chair. 5 77. On or about March 9, 2016 plaintiff told Martha about the “middle finger” incident with Nicole when Martha asked plaintiff to explain his story 78. Plaintiff told Martha he asked Nicole a question and she raised her “middle” finger to him. 79. On or about March 14, 2016 Nance was placed in a scene on the Chicago Med set by Nicole at 6:00 pm after arriving on set at 1:30 pm (CST). 80. Plaintiff was placed in Chicago Med scenes so regular that on the next day after Chicago Med came on local television employees/representatives/contractors, background extras would tease plaintiff about how many times they saw him in the production. 81. On or about March 15, 2016, at approximately 1:11 pm (CST), Christie was telling another extra how to do her job, which would have prevented plaintiff from doing his job.

5

A few months prior to the Christie and Donny incident, Nicole gave me the “middle finger” when I asked for one of the papers she had in her hand. Since the “middle finger” incident, I had no words with her.

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82. Plaintiff reported this incident to the Assistant Director on duty March 15, 2016. 83. On or about March 16, 2016, while on the Chicago Med set, Marcus walked up to Fe'Laun Ranice (hereinafter, “Fe`Laun”) asking Fe'Laun why she was sitting with plaintiff.6 84. On March 18, 2016 Martha reported she was closing plaintiff’s case, and that Patrick and Joan said they have never had any problems with plaintiff; and that plaintiff’s status with NBC has not changed. 85. Plaintiff continued to receive harassment and intimidation from Chicago Med production crew, Christie, Donny, and Marcus. 86. Plaintiff reported every incident to Joan Philo and Martha.7 87. Plaintiff copied the letters sent to Martha and sent them by certified mail to Dick Wolf of Wolf Films, Inc., Mr. Robert Greenblatt President of NBC, Mr. Steve Burke of NBC Universal.8 88. On 4/1/16, plaintiff called Joan and was told plaintiff was working 1 day next week on April 7th; and 2 days the following week on April 11th & April 12th. 89. On 4/1/16, plaintiff submitted for NBC's Chicago PD crossover as a Doctor on the Justice project, which films on April 5, 2016 on the Chicago Med set. Adrienne was asking for Chicago Med extras. Even though plaintiff has been on Chicago Med as a “core” Doctor since September 2015, Adrienne did not contact him, and plaintiff heard she cast “white” non-doctors for the Justice project. 90. On 4/11/16, there are 3 doctors on Chicago Med’s set; 2 white and 1 black (plaintiff) for

6

Marcus actually said "what you not sitting with the players anymore." Fe'Laun told plaintiff Donny asked her a similar question as to why she is sitting with the plaintiff. Fe'Laun said she is tired of them asking her, and she is going to ask them what is going on because no one tells her who she should be around. 7 Nance wrote 3 certified letters to Martha Schniepp. 8 Letters were returned to Nance stating return to sender, unable to forward; these are the registered addresses of all who were copied.

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the first scene shot. Kyle is the PA on set. There are about 9 or 10 nurses on set. The person who signed all extras in chose the 2 white doctors. He also chose Christie Tate as one of the 3 nurses called upon. 91. On April 19, 2016 plaintiff called Martha leaving a message about the racism and discriminatory practices he was going through, specifically on April 15th & April 18th.9 92. On April 20, 2016 Nicole started cursing at plaintiff telling him to get in the shot where he was instructed by Nicole to cross in front of crew equipment.10 93. Crew equipment is never in a shot. 94. On April 22, 2016 props could not locate plaintiff’s Chicago Med ID badge and other props, pin light, pen, etc.11 95. On April 22, 2016 Tanner Masseth (white, male; hereinafter, “Tanner”) started harassing and intimidating plaintiff on the Chicago Med set in front of staff and extras, about the substitute ID badge that was given to plaintiff. 96. On April 22, 2016 Matt Norskog (white male), Chicago Med Props Person, started harassing and intimidating plaintiff on the Chicago Med set, in front of Chicago Med staff and extras, telling plaintiff to turn his badge around.12 97. On April 23, 2016 plaintiff sent a fax containing the letters sent to Mr. Steve Burke, Robert Greenblatt, and Dick Wolf to Illinois State Actor, Jason C. Ervin, Alderman of the 28 th Ward. 98. Cinespace Studios property is in the 28th Ward of Chicago Illinois. 9

Martha told plaintiff to call her if he had any further problems. Nicole was irate telling plaintiff he was wrapped. Plaintiff told her he would be talking with NBC Universal Entertainment’s HR Department on Monday, and that, he would tell them about her attitude and behavior. Nicole decided not to wrap plaintiff but tried to explain to him how he was in the beginning of the shot. Plaintiff told her he was not in the shot. Nicole had the white doctors in the shot. The 1st AD called plaintiff by name taking him out of the original shot, which would have put plaintiff in the shot. This is when Nicole asked plaintiff to walk in front of the crew equipment and fade out in the back area. 11 Someone threw plaintiff’s ID badge and other props away or got rid of them. Plaintiff has had his ID badge and props since September of 2015. Props has used my ID badge and props for Chicago PD and Fire in the past without losing them. 12 Apparently, Tanner was able to get Matt Norskog to harass and intimidate plaintiff. 10

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99. On or about April 23, 2016 plaintiff hand-delivered copies of his “initial” EEOC charge with the letters to Steve Burke, Robert Greenblatt, and Dick Wolf to Alderman Jason C. Ervin’s office. 100.

Plaintiff placed this statement in the comment section on the fax cover sheet to

Alderman Jason C. Ervin… “MR. ERVIN: THIS FAX COVER SHEET AND THE ATTACHED STATEMENT FOR EEOC IS FOR YOUR REVIEW SINCE CINESPACE/NBC UNIVERSAL ENTERTAINMENT/JOAN PHILO ARE WITHIN YOUR ALDERMADIC BORDERS. I HAVE SENT THIS ATTACHMENT TO MS. MARTHA SCHNIEPP OF NBC UNIVERSAL ENTERTAINMENT REQUESTING SHE FORWARD IT TO MR. DARREN CHIAPPETTA, NBC UNIVERSAL ENTERTAINMENT HR SENIOR DIRECTOR. MR. CHIAPETTA HAS REQUESTED A TELEPHONE CONFERENCE FROM ME ON MONDAY, APRIL 25, 2016 AT 4:30 PM (PST) TO DISCUSS THIS MATTER. PLEASE ACKNOWLEDGE RECEIPT OF ALL DOCUMENTS BY CALLING 708-921-1395. THANK YOU.” 101.

On April 26, 2016 plaintiff filed his “initial” charge with the Equal Employment

Opportunity Commission (hereinafter, “EEOC”) alleging Title VII, ADEA, and 1981 claims against Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and Joan Philo Casting. 102.

On or about July 18, 2016 plaintiff, a lawyer who was a representative of Comcast

Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC and Joan Philo of Joan Philo Casting attempted mediation with an EEOC representative. 103.

On July 18, 2016 attempts at mediation failed.

104.

On or about September 1, 2016 plaintiff believes Empire Casting LLC was hired

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by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC to assist Joan Philo Casting/Joan Philo facilitate day-to-day casting and administrative operations. 105.

On September 14, 2016, Darren Chiappetta, Senior Director/HR & Employee

Relations/NBC Entertainment/Universal Television/Universal Cable Productions, sent an email to Nance stating “I wanted to let you know that Martha Schniepp is no longer part of NBC Entertainment, as she has moved to a new role within NBC Universal. 13 106.

On or about September 24, 2016 plaintiff filed a claim against Empire Casting

LLC with the Illinois Department of Labor (hereinafter, IDOL) reporting irregular pay schedule. 107.

Plaintiff believed Empire Casting LLC was in charge of payroll for Comcast

Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, and Universal Television LLC. 108.

Four (4) days later, on September 28, 2016 Comcast Corporation, NBCUniversal

Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Empire Casting LLC, et.al. terminated plaintiff’s employment. 109.

On September 26, 2016 plaintiff gave a copy of the Illinois Department of Labor

charge to an Empire Casting Company employee. 110.

On September 27, 2016 plaintiff reported to Michelle, staff of Empire Casting

background/extra, Melanie Doe (white, female) was rifling through the private information of other background/extra paperwork sitting on the desk of Matt, the person who daily signs every background/extra in for work. 13

Martha forwarded me your message that you left regarding concerns with Tanner. Thanks for letting us know about your concerns. Based on your detailed message, we will conduct an investigation into the issues brought forward, and, if necessary, appropriate action will be taken. I believe Rusie from my office contacted you to set up some time to discuss, but your voicemail provided us with enough information to look into your concerns without additional discussion…As of this season, Extras and Background Performers on all of our Chicago-based productions are now part of the Empire Casting family and are no longer paid or employed by NBC production entities. As a result, since all extras – including yourself – are not NBC employees, I would suggest that you bring any further concerns about your experience on any NBC Chicago show to your Extras Casting or HR Representative with Empire Casting. The general phone number for Empire’s office in Chicago is 773-542-1055.

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111.

On September 27, 2016 the staff person plaintiff reported Melanie Doe to,

Michelle, informed plaintiff she saw Melanie Doe going through the private paperwork of other background/extras. 112.

On September 27, 2016 Michelle informed plaintiff she was sending an email to

Her boss as plaintiff was telling her about Melanie Doe rifling through the paperwork of other background/extras. 113.

On September 27, 2016 plaintiff reported to Joan Philo and Kristin, Ashland

Thomas (white, male) was bullying him, and when plaintiff told Ashland to stop Ashland told Nance to shut up.14 114.

On September 27, 2016 NBC production sent plaintiff, Ashland Thomas and

Melanie Doe and 2 others home stating they were letting 5 people go home early. 15 115.

On September 28, 2016 at approximately 5:21 pm (CST) plaintiff received a call

at home from a person identifying himself as Mark Olson, VP of Operations for Empire Casting Company.16 116.

On September 28, 2016 Mr. Olson informed plaintiff he was terminated by NBC

and Joan Philo. 117.

On September 29, 2016 Ashland Thomas and Melanie Doe returned to work at

NBC’s Chicago Med show.17 118.

Ashland Thomas (white, male) received no consequences for bullying,

intimidating and threatening plaintiff. 14

Earlier that morning I reported to Empire Casting Company representative Michelle that Melanie was going through NBC staff documents that had all background/extras personal information on it, such as driver’s license numbers, addresses and social security numbers. Melanie told me she saw her too, which prompted Melanie to send an email to her boss. Michelle showed me an email and/or text she says she sent to her boss telling them Melanie was going through NBC staff’s paperwork. 15 Two of those 5 background/extras were individuals named Ashland Thomas (white male) and Melanie Doe (white female). 16 Mr. Olson told me someone told him to call me and tell me my employment was terminated because of an incident on the Chicago Med set, and I could no longer work on any NBC show in Chicago. I asked who told him to call me, and what incident was he talking about that happened on the Chicago Med set September 27, 2016. Mr. Olson said he did not have time to talk to me because he was a busy man. 17 Nance received a text from a friend on the Chicago Med set informing him Ashland Thomas and Melanie Doe were at work.

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119.

Melanie Doe (white, female) received no consequences for rifling through the

private information of background/extras, which were on the desk of the person signing in all background/extras for work on September 27, 2016. 120.

On September 28, 2016, plaintiff emailed Darren Chiappetta (hereinafter, Darren)

regarding his termination. 121.

On September 29, 2016, Darren responded to Nance’s email.18

122.

On September 29, 2016 plaintiff replied to Darren email.19

123.

Plaintiff sent a follow-up email to Darren.20

124.

Plaintiff sent an email to EEOC revising his charge.21

125.

Plaintiff gave EEOC one (1) example of intimidation, harassment and threats by

white females who were not disciplined or terminated.22

18

”Fred, My apologies for the delay in response. In reviewing the situation, Universal Television, LLC, the producer of Chicago Med, learned that you allegedly had a disagreement with background actor Ashland Thomas on September 27, 2016. You and Mr. Thomas were both employed by Empire Casting at the time. It was alleged that you followed Mr. Thomas, confronted him about allegedly interfering with your scene, and threatened to push, shove, or otherwise forcefully move him if he interfered again. An investigation took place by Empire Casting. You were interviewed in that investigation. According to the investigator’s summary, you acknowledged that you told Ash Thomas that you would forcefully move him if he interfered with your scene. Universal Television, LLC prohibits threats of physical force and/or intimidating words by anyone (including third-party employees and visitors) on its premises. Based on the information that Universal Television received, Universal Television notified Empire Casting that you must not return to the premises and that Empire Casting must not cast you to work as an extra on any Universal Television or Open 4 Business Productions, LLC production. Feel free to direct all inquiries regarding this situation to your contacts at Empire Casting.” 19 “I was racking my brain for the last 24 hours trying to figure out what happened on set. When I read this email, I was stunned!!! No one from production talked to me. No one from Empire Casting talked to me. When I tried to talk to Mr. Olson, he told me he was too busy to talk to me. Mr. Olson identified himself as being a part of Empire Casting. All he did was tell me I was terminated. I guess that was my interview. Joan and Kristin, who are in my original EEOC charge, talked to me. Joan should not have been interviewing me about an alleged incident on set. You were not there during the mediation talks at EEOC. Ask your colleague, Martha how Joan acted. Joan was so mad at my claim. Martha and the lawyer had to calm her down. She was upset that I told her she was lying about certain things the 4 of us talked about during the mediation. Joan should not have been the one to interview me about a harmless incident; a discussion 2 men had at a water cooler. When I told Joan and Kristin Ash hollered at me and told me to shut up. Joan and Kristin were startled. Ash wanted me to stop talking to him so he said shut up and walked away. Joan Philo and Kristin were inappropriate individuals to interview me about an alleged incident on the Chicago Med set because they are part of an active case I have with EEOC. Joan and Kristin are biased and prejudicial in this termination.” 20 I have a Ph.D. Idiots and thugs make statements like what Ashland Thomas describes, and I am far from being an idiot and a thug. I am an academic and social professional with ties to politicians, judges, attorneys, and all sorts of reputable individuals in Chicago and in the State of Illinois and Federal government. I am a strong pillar in society. I work for the Federal government. I will not let anyone tarnish my professionalism on or off the job. Someone from NBC production staff or Empire Casting should have interviewed me about this alleged event. I did not know Joan and Kristin were interviewing me for an alleged incident I was supposed to have committed on the Chicago Med set against Ashland Thomas. Where are the witnesses? I was not made aware of why I was being interviewed when Joan and Kristin talked to me. Joan and Kristin should have told me I was alleged to have offended someone. If Joan and Kristin had noticed me that I was alleged to have done something wrong. I would have informed them someone else needs to interview me because of the active EEOC charge. 21 Similarly situated individuals (for purposes of Title VII discrimination), who are white males and females over 40 years old, Melanie Doe, (hereinafter, Melanie), Ashland Thomas (hereinafter, Ashland), Stacey Krenning (hereinafter, Stacey), Jennifer Hemminger (hereinafter, Jennifer), Connie Kincer (hereinafter, Connie), Virginia McElligott (hereinafter, Virginia) were reported to have committed the same NBC policy infraction “…prohibits threats of physical force and/or intimidating words by anyone (including third-party employees and visitors) on its premises….” and were not disciplined and/or terminated. I have sent in statements on Ashland and Melanie already. 22 I will give one (1) example here. Sandy Grabowski Reinstein and I became friends when we worked on a few crossovers for Chicago Fire and Chicago Med before the Chicago Med show started. In September, October, November and December of 2015; and January, February, March,

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126.

On or about September 30, 2016 plaintiff received a Facebook message from

La’Shawn Hazelwood regarding a conversation she had with Ashland Thomas and Christie Tate.23 127.

On October 7, 2016, at approximately 10:00 am, plaintiff received a Facebook

message stating a picture of him was posted in the lobby of Cinespace Studios with this writing on it "Fred Nance Not Allowed On Premises".24 128.

On or about October 7, 2016 plaintiff sent an email to the President and Chairman

of Cinespace Studios, Mr. Alexander Pissios, which is where NBC Universal, Universal Television LLC, Open 4 Business Productions LLC, Joan Philo Casting, and Empire Casting LLC, et.al, are delivering services.25 129.

On or about October 7, 2016 plaintiff called Mr. Pissios, leaving a message

requesting he call Nance. 130.

On or about September 28, 2016 plaintiff filed a charge with EEOC against

Empire Casting LLC alleging violations of Title VII, ADEA, and 1981. 131.

On or about September 29, 2016 plaintiff filed a retaliation claim with IDOL

and April of 2016, Stacey, Jennifer, Connie, Virginia and others were reported to have threatened, harassed, bullied, and intimidated other background/extras on the Chicago Med set. These reports were made to Joan Philo Casting and NBC producers/crew on set. In or around September and/or October of 2015, I reported these individuals to 2nd AD Patrick Priest, Joan Philo and Kristin for threatening, harassing, bullying and intimidating Sandy Grabowski Reinstein when one of them snatched a file out of Sandy’s hand telling her “…Med Techs do not carry files….” Sandy was told to carry the file she had in her hand by the PA setting the set for the next film take. Sandy came to me crying telling me Stacey, Virginia, and Jennifer threatened, harassed, bullied and intimidated her on the Chicago Med set. I immediately called Joan and Kristin telling them what happened to Sandy. (Calling Joan and Kristin about nonsense on set was a regular for me as I did the same when I worked for Joan when she had the television show Empire. My intention, as I have related to Joan and Kristin several times, any show I work on will be successful) I took Sandy by the hand and went to PA Nicole, told her what happened; Nicole took us to Patrick and I told Patrick what happened. Patrick immediately addressed the issue “with all background/extras.” No one addressed Stacey, Jennifer, Virginia, Connie, or the other nurses hanging out with them individually!!! Stacey, Jennifer, Connie, Virginia and other nurses hanging out with them continued, throughout the 1st season of Chicago Med, threatening, harassing, bullying, and intimidated black and white males and females on the Chicago Med set telling them that what they were doing on the Chicago Med set is not how a regular emergency room operates. Christy Tate (black female) was harassed, bullied, and intimidated by these white females whenever she was featured and/or given a specialty role. Stacey and her gang of bullies stating “…she is not a real nurse….” Melanie Doe (white female) targeted Christy, which Christy reported to Joan Philo and Kristin. 23 On September 30, 2016 Ms. La’Shawn Hazelwood sent Nance a message through Facebook Messenger stating “Ash told them that you said “I will fuck you up”. Christie told them she walked off before you 2 had words. She told Joan that she didn’t hear you say anything to Ash.” (Ashland Thomas) 24 The person who contacted Nance sent him a copy of the picture, which Nance has retained and printed. 25 The language used in this picture infers I am not allowed on the premises of Cinespace Studios, especially if you have it where the general public, other background/extras, and/or other casting companies and/or agents can see it or have access to it. NBC, Joan Philo Casting and Empire Casting are attempting to block my employment with other casting companies/agents located at Cinespace Studios. This picture cannot be posted in the lobby leading to Joan Philo Casting's office because this lobby is accessed by other employers, casting companies, and agents.

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against Empire Casting LLC. 132.

On or about October 3, 2016 plaintiff amended his EEOC charges against

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC. 133.

On October 3, 2016 EEOC issued their file stamped amended charges for

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al. 134.

On October 7, 2016 Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al. further retaliated against plaintiff by posting his picture on the property of Cinespace Studios writing on the face of the picture, “Fred Nance Not Allowed on Premises”. 135.

On October 7, 2016 plaintiff sent an email to Cinespace Studios

President/Chairman, Alexander Pissios, reporting Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al., posted his picture with the writing “Fred Nance Not Allowed on Premises” on Cinespace Studios property. 136.

On October 10, 2016 Mr. Alexander Pissios, President/Chair of Cinespace

Studios, called Nance at approximately 10:45 am.26 137.

On October 10, 2016 Cinespace Studios President/Chairman, Alexander Pissios,

reported he (Pissios) did not give Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al., permission to post plaintiff’s picture anywhere on Cinespace Studios property. 26

After much discussion about what has happened to me on Chicago Med at Cinespace Studios and the photo placed in Cinespace Studios lobbies, Mr. Pissios reports he and his staff had nothing to do with it, and he will alert his staff to tear up any photos of me placed in any Cinespace Studios’ lobby.

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138.

On October 10, 2016 Mr. Pissios told plaintiff he would instruct his employees to

take down any pictures of plaintiff they see posted on Cinespace Studios property. 139.

Plaintiff sent an email to Mr. Pissios stating he was going to issue subpoenas

requesting Cinespace Studios’ legal representative/entity respond to the picture plaintiff reports being posted in the lobby of Cinespace Studios property. 140.

On or about October 10, 2016 Nance sent an email message to Darren Chiappetta

regarding NBC Universal, Universal Television LLC, Open 4 Business Productions LLC, Joan Philo Casting, and Empire Casting LLC, et.al, posting a defaming and degrading picture of him in the lobby of Cinespace Studios.27 141.

Mr. Chiappetta did not respond to the email.

142.

On October 17, 2016 EEOC issued a Dismissal and Notice of Rights – Notice of

Suit Rights letter to plaintiff. 143.

On November 5, 2016 plaintiff received a Facebook message from Ms. Kate

Stransky on the page of Chicago Film and Commercial Production. 28 144.

Since November of 2014 plaintiff was working for Four Star, which is located on

the property of Cinespace Studios. 145.

Since plaintiff has filed EEOC charges against Comcast Corporation,

NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al. and plaintiff’s picture posted in the lobby of

27

This was a grave mistake made by NBC, Joan Philo Casting, and Empire Casting. I will include this retaliatory action taken against me in my EEOC charge and upcoming litigation. The character and professionalism of NBC, Joan Philo Casting and Empire Casting, whoever and/or whatever entity related to NBC, Joan Philo Casting, or Empire Casting posted the photo of me, maliciously and nefariously; and is meant to harm me and deny me other employment opportunities with casting companies and agencies located on Cinespace Studios. I have submitted request to work with other casting companies and agents on Cinespace Studios, to which I have done work before with these entities. No one has called me to have any meaningful work. I believe it is a direct result of my picture being posted on Cinespace Studios' property. 28 FYI, you were an extra. Expect to be treated that way no matter what race or gender you are. Extras are looked at as if they were props or scenery. I’m not saying it’s right--it’s just reality.”

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Cinespace Studios, Four Star has not cast plaintiff in any of their shows and refuses to book him for any shows. 146.

Plaintiff sent an email to Four Star asking them if they are refusing to book him

because of him filing charges with EEOC and lawsuit against Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al. and his picture being posted in the lobby of Cinespace Studios. 147.

Four Star has not responded to plaintiff’s email.

148.

Plaintiff sent an email to Four Star Casting stating he was going to issue

Subpoenas requesting their legal representative/entity and his/her address so they could testify in open court during the trial of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, and Empire Casting LLC, et.al. 149.

Darren Chiappetta sent an email to plaintiff stating, in part, “I wanted to let you

know that Martha Schniepp is no longer part of NBC Entertainment, as she has moved to a new role within NBC Universal”, yet attorneys in this matter state there is no such entity or company named “NBC Universal”. (See paragraph #102) CAUSES OF ACTION COUNT I RACE DISCRIMINATION IN VIOLATION OF TITLE VII Of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 150.

Plaintiff allegations contained in the opening paragraph and paragraphs

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1-149 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson for violating Title VII. 151.

Nance alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, et al. to continually discriminate against plaintiff in violation of Title VII when they terminated plaintiff but did not terminate Ashland Thomas (white male), who is similarly situated and created the same policy infraction as plaintiff. 152.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors or whatever the category of working relationship held by these entities to each other. 153.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

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Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 154.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. 155.

Joan Philo and Kristin Doe, white females, working for Joan Philo Casting and

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC in a capacity where they makes decisions, lied on plaintiff leading to his termination but did not inform Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC that Ashland Thomas violated the same policy. COUNT II DISPARATE IMPACT IN VIOLATION OF TITLE VII Of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 156.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-155 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their

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representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson for disparate impact violating Title VII. 157.

Plaintiffs alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, and Kristin Doe to use a disparate impact policy, procedure, processes to discriminate against plaintiff in violation of Title VII. 158.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 159.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago.

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160.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. 161.

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions,

Universal Television LLC in concert/collaboration/conspired with Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, et al. terminating plaintiff’s employment on the testimony of Ashland Thomas (white male) without witnesses. 162.

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions,

Universal Television LLC employees/representative/contractors (for purposes of Title VII discrimination) being background/extras, who are white males and females, Melanie Doe, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott were reported to have committed the same NBC policy infraction “…prohibits threats of physical force and/or intimidating words by anyone (including third-party employees and visitors) on its premises….” and were not disciplined and/or terminated. COUNT III INTENTIONAL HARASSMENT DISCRIMINATION IN VIOLATION OF TITLE VII Of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 163.

Plaintiff allegations contained in the opening paragraph and paragraphs

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1-162 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson intentionally harassing, intimidating, and threatening plaintiff in violation of Title VII. 164.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer and through their employees/representatives/contractors Production Staff, Joan Philo Casting, Empire Casting LLC, Joan Philo, and Kristin Doe allowed their extras/background actors to intentionally harass, intimidate, and threaten plaintiff in violation of Title VII. 165.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 166.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

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Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 167.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. 168.

In February of 2016 plaintiff reported to the Assistant Director, Patrick Priest, of

the Chicago Med television show he was being harassed and intimidated by employees of Comcast/NBC and Joan Philo Casting, who are Christy Tate, and Donny Williams. 169.

After reporting to Priest the nature of the harassment and intimidation, Priest

informed plaintiff Christy had told him plaintiff was harassing her by telling her how to do her job; and Donny told Priest plaintiff was harassing him by posting on Facebook. 170.

Plaintiff informed Priest that he told plaintiff to show Christy Tate how to do her

job. 171.

Plaintiff informed Priest his post on Facebook did not name anyone, and that,

posting on social media is a 1st amendment right. 172.

Plaintiff put some legal documentation together about Christy and Donny, and

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presented it to Patrick and Philo Castings, which is the same documentation given to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC. 173.

As the harassment, intimidation, and threats went on for several months, others

Comcast/NBC and Philo Casting employees joined in with harassment, intimidation, and threats, such as Melanie Doe (white female), Ashland Thomas (white male), Stacey Krenning (white female), Jennifer Hemminger (white female), Connie Kincer (white female), Virginia McElligott (white female) et al. Plaintiff list these employees by name in chronological order in his statement of facts; and in letters and emails to the individuals who are employed/represent/contract with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC. 174.

In early March 2016, while plaintiff was on the FOX TV Empire television show

set, Martha Schniepp of Comcast/NBC Human Resources, called plaintiff from California informing him she had received a charge of harassment from Joan Philo Casting. 175.

Plaintiff informed Martha the charges were false, explaining he was told to show

Christy how to do her job on Chicago Med; and how Christy was violating directions from the Assistant Director on the Empire show on February 17, 2016 while working with plaintiff as his partner. 176.

Plaintiff informed Martha that he refused to work with her (Christy) after she

disobeyed directions from the Assistant Director of the FOX TV Empire television show. 177.

Plaintiff wrote Martha letters about being harassed, intimidated, and threatened on

the Chicago Med set by Christy, Donny, Marcus Funches, et al. after the February 17, 2016 incident on the Empire show.

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178.

On March 7th, 16th, and 22nd of 2016 plaintiff wrote letters to Martha giving her a

full report of how he was being harassed, intimidated, and threatened by Comcast/NBC and Joan Philo Casting employees/representatives/contractors. 179.

After getting no relief from the daily harassment, intimidation, and threats on the

Chicago Med set, on March 31, 2016 plaintiff wrote a letter and sent it by Certified U.S. Mail to Mr. Robert Greenblatt, President of NBC and Mr. Dick Wolf, Executive Producer of Chicago Med describing the harassment, intimidation, and threats coming from their employees’ representatives and others; and sent them copies of the 3 letters written to Martha. 180.

Plaintiff sent Martha a copy of the letters written to Mr. Robert Greenblatt,

President of Comcast/NBC and Mr. Dick Wolf, Executive Producer of Chicago Med. 181.

On April 10, 2016 plaintiff sent a letter to Mr. Steve Burke, CEO of NBC, along

with all letters sent to Martha. 182.

Plaintiff did not get any responses from Mr. Greenblatt, Mr. Wolf, or Mr. Burke.

183.

On April 26, 2016 plaintiff wrote a letter to Darren Chiappetta.

184.

Plaintiff, Martha and Chiappetta sent many emails back and forth to each other

about plaintiff’s suffering harassment, intimidation and threats on the Chicago Med television set. 185.

Plaintiff executed a complaint with EEOC in April of 2016.

186.

On May 14, 2016 plaintiff sent all letters reported here and the EEOC complaints

to Mr. Jason Ervin, Alderman of the Alderman of the 28th Ward of Chicago, who is a State Actor. 187.

Mr. Ervin never responded to plaintiff.

188.

In July of 2016 EEOC held mediation talks with plaintiff, Joan Philo and an

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attorney representing Comcast/NBC. 189.

Mediation talks failed.

190.

The “Martha” letters are part of the documents submitted to EEOC, along with the

EEOC charges. 191.

Comcast/NBC, Joan Philo Casting, Empire Casting LLC, Martha, Chiappetta, Mr.

Greenblatt, and Mr. Wolf did not stop their employees/representatives/contractors from harassing, intimidating, and threatening the plaintiff. 192.

Subsequently, the last harassment, intimidation, and threats came on or about

September 26, 2016, which led to plaintiff’s illegal termination in violation of Title VII, ADEA, and 1981. 193.

Plaintiff attempted to get these illegal employment actions to stop before pursuing

a complaint with EEOC and with this court. 194.

This is all documented in the plaintiff’s statement of facts and with EEOC.

195.

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions,

Universal Television LLC, Joan Philo Casting, Empire Casting LLC, Joan Philo, and Kristin Doe allowed and permitted Christie Tate, Donnie Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, et al. to continue their harassment and intimidation of plaintiff and other extras/background actors after plaintiff alerted Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Joan Philo, and Kristin Doe to the harassment and intimidation. COUNT IV SEX DISCRIMINATION IN VIOLATION OF TITLE VII

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Of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 196.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-195 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson violate Title VII’s sex discrimination act. 197.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, and Kristin Doe to discriminate against plaintiff because of his sex and heterosexual orientation. 198.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 199.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

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Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 200.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. 201.

Joan Philo Casting, Joan Philo, and Kristin Doe sent false allegations made by

Christie Tate to Martha Schneipp, HR NBC Universal but did not send Martha Schneipp true allegations given to them by plaintiff and other extras/background employees about the harassment and intimidation of Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, and Melanie Doe. COUNT V AGE DISCRIMINATION IN VIOLATION OF TITLE VII Of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 202.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-201 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their

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representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson to violate plaintiff’s Title VII rights pursuant to age discrimination. 203.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, and Kristin Doe to discriminate against plaintiff because of his age. 204.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 205.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 206.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

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Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. 207.

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions,

Universal Television LLC, Joan Philo Casting, Empire Casting LLC, Joan Philo, and Kristin Doe discriminated against plaintiff because of his age when they did not report the harassment, intimidation, and threats to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC of Christie Tate, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, et al. COUNT VI RETALIATION DISCRIMINATION IN VIOLATION OF TITLE VII Of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 208.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-207 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson to retaliate against plaintiff in violation of Title VII.

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209.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Tanner Masseth, Michelle Doe, and other production staff to intentionally retaliate against plaintiff for opposing their harassment, intimidation, and threats, writing letters to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, to Dick Wolf of Wolf Films, and for filing EEOC and Department of Labor charges. 210.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 211.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 212.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

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Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. 213.

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions,

Universal Television LLC, Joan Philo and Kristin Doe of Joan Philo Casting, and Empire Casting retaliated against plaintiff for filing EEOC and Illinois Department of Labor charges against them. COUNT VII HOSTILE WORKPLACE IN VIOLATION OF TITLE VII 214.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-218 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson to create a hostile workplace in violation of Title VII. 215.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

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Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Tanner Masseth, Michelle Doe, and other production staff to create a hostile work environment. 216.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 217.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 218.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open

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4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. COUNT VIII WAGE DISCRIMINATION UNDER EQUAL PAY ACT OF 1963, 29 U.S.C. §206(d) 219.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-218 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson to violate the wage discrimination act pursuant to Act. 220.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed the Executive Producer, Michael Waxman, to change the rate of pay for plaintiff when plaintiff was told at the onset of his employment on Chicago Med “real” doctors and nurses would be paid $180.00 for 8 hours. 221.

Six to eight weeks into the production of Chicago Med, Joan Philo of Joan Philo

Casting informed plaintiff Mr. Waxman changed the rate of pay for “real” doctors to $80.00 for 8 hours. 222.

Some “real” white doctors, male and female, continued to get paid $180.00+ for 8

hours of work. 223.

Joan Philo informed plaintiff the “real” doctors who were paid $180.00+, after

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Mr. Waxman change the rate of pay, had an expertise in the field of medicine. 224.

Joan Philo did not inform plaintiff at the beginning of the Chicago Med

production he would receive a decrease in pay different than similarly situated individuals. 225.

Plaintiff has a Ph.D. in Human Services. Plaintiff has a degree in Mental Health.

226.

Plaintiff submitted his bio and curriculum vitae to Joan Philo before beginning

work on Chicago Med. 227.

Plaintiff’s curriculum vitae demonstrates plaintiff worked in the emergency room

at St. Bernard’s hospital as an emergency room mental health therapist/practitioner. 228.

Plaintiff had an expertise in the field of medicine and pyschiatry.

229.

Plaintiff monitored mental health clients dosing medications for psychotic

episodes and the like. 230.

Joan Philo Casting hired plaintiff because of his expertise.

231.

Plaintiff was the only “black” male “real” doctor on Chicago Med for Season 1 in

Chicago Med’s primary emergency room set. 232.

Chicago Med had many scenes where mental health issues rose with Mr. Oliver

Platt who played the role of Dr. Daniel Charles. 233.

Plaintiff met the criteria as having expertise in a hospital emergency room setting.

234.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal

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Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 235.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 236.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his pay issues filing his EEOC and Department of Labor complaints. COUNT IX RETALIATION UNDER EQUAL PAY ACT 237.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-236 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer

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Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson retaliated against plaintiff for filing charges with the Illinois Department of Labor and EEOC. 238.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, and Michael Waxman retaliated against plaintiff by terminating his employment because he filed complaints with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, EEOC, and the Department of Labor. 239.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 240.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago.

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241.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints. 242.

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions,

Universal Television LLC, Joan Philo Casting, Empire Casting, Joan Philo, Kristin Doe, and Michael Waxman were informed plaintiff asserted his federal statutory rights by filing complaints with them, in addition to EEOC and the Illinois Department of Labor. COUNT X 42 .S.C. §§ 1981 243.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-242 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson to violate their contractual agreement with each other within the meaning of §1981. 244.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

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Business Productions, Universal Television LLC and their employees/representatives/contractual staff, such as Joan Philo Casting, Joan Philo, Kristin Doe, Empire Casting LLC and Mark Olson entered into a contractual agreement within the scope of §1981 reporting film companies are committed to providing a workplace free of unlawful discrimination, harassment and retaliation, including sexual harassment and harassment or discrimination based on any of the following: (1) an individual’s actual or perceived age, race, color, ancestry, national origin, marital status, registered domestic partner status, military or veteran status, medical conditions (including cancer and genetic characteristics), physical disability, mental disability, religious creed, sex (including pregnancy, childbirth, breastfeeding and related medical conditions), gender, gender identity, gender expression or sexual orientation; (2) an individual’s actual or perceived association with persons in any of the foregoing protected categories; and (3) any other basis protected by federal, state or local laws, regulations or ordinances. This includes conduct by employees directed towards non-employees, such as independent contractors, vendors or visitors, and vice versa. In keeping with this commitment a strict policy, including, by way of example, with respect to recruiting, hiring, training, promotion, discipline, separations, and benefits and compensation. 245.

This policy applies to all employees, whether supervisory or non-supervisory.

This policy prohibits discrimination and harassment in violation of this policy in any form, including verbal, physical and visual discrimination or harassment. This policy also prohibits retaliation against any person who reports or threatens to report discrimination, harassment or retaliation with a good faith belief that such discrimination, harassment or retaliation has occurred, or who truthfully cooperates in an investigation of alleged discrimination, harassment

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or retaliation. Please be aware that any individual employee, regardless of his or her position, can be held personally liable for his or her own harassing conduct in violation of this policy. 246.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 247.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 248.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints.

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COUNT XI 42 U.S.C. 1981 DISPARATE TREATMENT – MIXED MOTIVE/PRETEXT 249.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-248 above as if stated herein these paragraphs, specifically ¶¶ 244 & 245, and identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson to violate §1981 by using policies that have a disparate impact. 250.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, and Michael Waxman retaliated against plaintiff by terminating his employment because he filed complaints with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, which violates the contracts between them within the meaning of §1981. 251.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the

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28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 252.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 253.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues and filing his EEOC and Department of Labor complaints where Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Joan Philo Casting, Joan Philo, and Empire LLC violating their contractual obligations by allowing discriminatory practices within the meaning of §1981. COUNT XII RETALIATION IN VIOLATION OF 42 U.S.C. 1981 254.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-252 above as if stated herein these paragraphs, specifically specifically ¶¶ 244 & 245, and identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed

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their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Stacey Krenning, Jennifer Hemminger, Connie Kincer, Virginia McElligott, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, and Mark Olson retaliated against plaintiff for filing complaints with EEOC and the Illinois Department of Labor, which violates §1981, and their contractual relationships with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC within the meaning of §1981. 255.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, and Michael Waxman retaliated against plaintiff by terminating his employment because he filed complaints with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, EEOC, and the Department of Labor. 256.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 257.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

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Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 258.

Plaintiff’s relationship with Comcast Corporation, NBCUniversal Media, LLC,

Open 4 Business Productions, Universal Television LLC and Empire Casting does not negate nor dissolve the employee/employer relationship plaintiff had with Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC because Empire Casting LLC was employed by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC after plaintiff began addressing his issues, filing his EEOC, and Department of Labor complaints. COUNT XIII INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 259.

Plaintiff allegations contained in the opening paragraph and paragraphs

1-258 above as if stated herein these paragraphs, specifically identifies and whom he asserts this claim against is Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives/employees/contractors Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christie Tate, Donny Williams, Ashland Thomas, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, Darren Chiappetta, Martha Schniepp, Michael Waxman, and Mark Olson to inflict, with no disregard, intentional emotional distress upon plaintiff for almost a year. 260.

Plaintiff alleges Comcast Corporation, NBCUniversal Media, LLC, Open 4

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Business Productions, Universal Television LLC, as plaintiff’s employer, allowed their representatives Joan Philo Casting, Empire Casting LLC, Joan Philo, Kristin Doe, Christy Tate, Donny Williams, Tanner Masseth, Nicole Doe, Ashland Thomas, Melanie Doe, Tanner Masseth, Nicole Doe, Matt Doe, Darren Chiappetta, Martha Schniepp, Michael Waxman, and Mark Olson retaliated against plaintiff by terminating his employment because he filed complaints with and against Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC. 261.

Plaintiff alerted by certified mail, email and hand-delivering copies of letters

written to Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, and his EEOC complaint to Robert Greenblatt, President, and Steve Burke, CEO of Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC; Wolf Films, Inc., Dick Wolf, Executive Producer of Chicago Med; Darren Chiappetta, Senior Director/HR & Employee Relations/NBC Entertainment/Universal Television/Universal Cable Productions; and Illinois State Actor, Alderman Jason C. Ervin of the 28th Ward in Chicago to the discriminatory practices of Title VII by their employees/contractors and/or whatever the category of working relationship held by these entities to each other. 262.

In or around September of 2016, to the best of plaintiff’s knowledge at this time,

Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC hired/employed Empire Casting to take over various responsibilities; one being the employee/employer relationship with all background/extras working on their shows in Chicago. 263.

Plaintiff reported to NBC, Philo Casting, and Empire Casting he had been

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harassed, intimidated, and threatened from April of 2016 to September 27, 2016 when he was terminated. Plaintiff should not have been terminated when similarly situated individuals, such as Ashland Thomas (white male), was not terminated and accused of a similar NBC offense; white females Stacey Krenning, Jennifer Hemminger, Connie Kincer, and Virginia McElligott were reported to have committed the same NBC policy infraction. These white females harassed, intimidated, and threatened other Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, Philo Casting, and Empire Casting employees over a period of 20 months. REMEDIES FOR EMPLOYMENT DISCRIMINATION WHEREFORE, whenever discrimination is found, the goal of the law is to put the victim of discrimination in the same position (or nearly the same) that he or she would have been if the discrimination had never occurred. Plaintiff is projecting a 10 to 15 year career in film. Plaintiff’s integrity and professionalism has been challenged and defiled by Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC, employees/representatives/contractors and the film industry has isolated him due to racism and discriminatory practices he experienced from the defendants. Plaintiff has requested $500,000.00 as a base, to which he wants to work for it. Plaintiff wants defendant(s) Comcast Corporation, NBCUniversal Media, LLC, Open 4 Business Productions, Universal Television LLC to employ plaintiff and/or use their influence to get plaintiff work in film he would have normally been eligible for before these unfortunate events described in this matter (not “B” film/movies or low budget); or in the alternative, plaintiff respectfully request damages in the amount of $500,000.00 to which will stem from: 1) Back Pay; 2) Front Pay Under Title VII, the ADA, and the ADEA; 3) Permanent Injunctions and Other Affirmative Relief; 4) Injunctions

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Case: 1:16-cv-11635 Document #: 43 Filed: 08/07/17 Page 52 of 52 PageID #:526

Prohibiting Discriminatory Employment Practices; 5) Instatement and Reinstatement; 5) Other Affirmative Relief: Quotas and Preferential Relief; 6) Injunctive Relief in Equal Pay Act Actions; 7) Injunctive Relief in ADEA Actions; 8) Attorneys’ Fees in Title VII Actions; 8) Consequential and Compensatory Damages in Title VII and ADA Actions; 9) Punitive Damages; 10) Liquidated Damages; Compensatory and Punitive Damages, and 11) Interest.

Respectfully submitted /s/Fred Nance Jr., Ph.D. Pro se plaintiff

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