3rd Amended Complaint -
[Cached Version]
Published on: 7/27/2002
Last Visited: 11/8/2002
COLUMBIA BROADCASTING SYSTEM, INC., a California corporation; CBS BROADCASTING INC., a New York corporation, formerly known as CBS INC.; WRITERS GUILD OF AMERICA, WEST, INC., a California corporation; FRANK PIERSON, an individual; JEFF SAGANSKY, an individual; CHARLES D. SEGARS, an individual; BRIAN WALTON, an individual; and DOES 1 through 10, inclusive, Defendants.
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WALTON is a Caucasian male and was acting at least in part within the course and scope of his employment and agency with WGA.WALTON is sued herein in both his official capacity and personally.6. The true names and capacities of defendants named herein as DOES 1 to 10, inclusive, are unknown to Plaintiff, who therefore sues such Defendants by fictitious names.Plaintiff is informed and believes and thereon alleges that each of these fictitiously named defendants is responsible in some manner for the occurrences, events, harassment, discrimination, retaliation and damages herein alleged, and that Plaintiff's injuries as herein alleged were proximately caused by the aforementioned defendants.Plaintiff will amend this complaint to show such true names and capacities when the same have been ascertained.7. Plaintiff is informed and believes and thereon alleges that at all times mentioned herein, each of the defendants was the agent and/or employee of each of the remaining defendants, and in doing the things hereinafter alleged, was acting at least in part within the course and scope of such agency and employment.8. Plaintiff, MIGDIA CHINEA-VARELA, aka MIGDIA C. VARELA, (hereinafter, referred to as "Plaintiff"), is an adult person of Hispanic national origin and a resident of the County of Los Angeles, State of California.At all times mentioned in this Complaint, Plaintiff was and is a professional screenwriter and member of the WGA, including at all times material to this action and at the present time was and is a WGA member.
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a. On July 6, 1994, and within 300 days of the date of discrimination herein alleged against Plaintiff by Defendants, Plaintiff filed a charge of discrimination against the WGA, CBS and WALTON, with the EEOC.A copy of this charge is appended hereto, marked "Exhibit A," and is incorporated by this reference as though fully set forth, which will hereinafter be referred to as the "First Charge."On or about July 6, 1994 and on or about July 11, 1994, the DFEH issued to Plaintiff a notices of right to sue based on the First Charge.Then on or about September 22, 1998, the EEOC issued the Plaintiff a notice of right to Sue based on the First Charge.b. On February 21, 1995, and within 300 days of the date of discrimination herein alleged against Plaintiff by Defendants, Plaintiff filed a charge of discrimination against the CBS with the EEOC.A copy of this charge is appended hereto, marked "Exhibit B," and is incorporated by this reference as though fully set forth, which will hereinafter be referred to as the "Second Charge."On or about February 21, 1995, the DFEH issued to Plaintiff a notice of right to sue based on the Second Charge.
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b. On or about November 22, 1993, the Plaintiff had a conversation with WALTON in which the Plaintiff complained about the Half-Pay Program and the fact that it paid only about fifty percent (50%) of the MBA and was therefore discriminatory against Hispanics.WALTON responded to the effect that fifty percent (50%) of something is better than one-hundred percent (100%) of nothing.
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d. The Defendants WGA, PIERSON and WALTON failed to communicate with complaining Hispanics after they protested and complained about the Program.
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d. Defendant WALTON told Plaintiff that Latinos can work for half the pay as compared to non-Hispanics, when the Plaintiff on or about November 22, 1993, complained to the WGA Executive Director, WALTON, and he told her that "Latinos can work for half, because fifty-percent (50%) of something is better than One-hundred-percent (100%) of nothing," in utter disregard of the fact that Plaintiff previously been making "One-hundred-percent (100%)" of the Minimum Basic Agreement (MBA) on numerous projects. e. In or about the beginning of August 1994, the Plaintiff contacted a producer at Defendant CBS in order to apply for either a staff writing assignment and/or special writing assignments.However, when the Plaintiff attempted to apply for these writing positions and writing assignments, she was told on or about August 12, 1994, by both this producer at CBS and the producer's assistant words to the effect "CBS wants nothing to do with you" and "You have been labeled a 'trouble-maker'."f. Plaintiff has submitted sample screenplays/scripts to agents and producers, who have stated that the Plaintiff's screenplays/scripts are "excellent."However, on at least one occasion, CBS directed an independent production company to reject the Plaintiff's application for a particular writing assignment project.Up until said production company sought the approval of CBS, said production company expressed great interest in the Plaintiff's work; however, after contact with CBS, the production company ceased all contact with the Plaintiff. 44. Defendants' retaliatory actions against Plaintiff, as alleged above, constituted unlawful discrimination and retaliation employment on account of national origin and protected activities, in violation of Title VII and the FEHA, including Government Code ยง12940, and proximately caused the damage and injury to Plaintiff set forth below.WHEREFORE, Plaintiff requests relief as hereinafter provided.
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