Case 1:14-cv SCJ-AJB CIVIL Document COVER SHEET 1-3 Filed 08/08/14 Page 1 of 2

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1 JS44 (Rev. 1/13 NDGA Case 1:14-cv SCJ-AJB CIVIL Document COVER SHEET 1-3 Filed 08/08/14 Page 1 of 2 The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED I. (a PLAINTIFF(S DEFENDANT(S (b COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF DEFENDANT (EXCEPT IN U.S. PLAINTIFF CASES (IN U.S. PLAINTIFF CASES ONLY NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED (c ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ADDRESS ATTORNEYS (IF KNOWN II. BASIS OF JURISDICTION (PLACE AN X IN ONE BOX ONLY III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT (FOR DIVERSITY CASES ONLY PLF DEF PLF DEF 1 U.S. GOVERNMENT 3 FEDERAL QUESTION 1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL PLAINTIFF (U.S. GOVERNMENT NOT A PARTY PLACE OF BUSINESS IN THIS STATE 2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER IN ITEM III STATE 3 3 CITIZEN OR SUBJECT OF A FOREIGN COUNTRY 6 6 FOREIGN NATION IV. ORIGIN (PLACE AN X IN ONE BOX ONLY TRANSFERRED FROM APPEAL TO DISTRICT JUDGE 1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 MULTIDISTRICT 7 FROM MAGISTRATE JUDGE PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District LITIGATION JUDGMENT V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY (IF COMPLEX, CHECK REASON BELOW 1. Unusually large number of parties. 6. Problems locating or preserving evidence 2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government. 3. Factual issues are exceptionally complex 8. Multiple use of experts. 4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries. 5. Extended discovery period is needed. 10. Existence of highly technical issues and proof. FOR OFFICE USE ONLY CONTINUED ON REVERSE RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION _ (Referral

2 VI. NATURE Case OF SUIT 1:14-cv SCJ-AJB Document 1-3 Filed 08/08/14 Page 2 of 2 (PLACE AN X IN ONE BOX ONLY CONTRACT - "0" MONTHS DISCOVERY TRACK 150 RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT 152 RECOVERY OF DEFAULTED STUDENT LOANS (Excl. Veterans 153 RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS CONTRACT - "4" MONTHS DISCOVERY TRACK 110 INSURANCE 120 MARINE 130 MILLER ACT 140 NEGOTIABLE INSTRUMENT 151 MEDICARE ACT 160 STOCKHOLDERS' SUITS 190 OTHER CONTRACT 195 CONTRACT PRODUCT LIABILITY 196 FRANCHISE REAL PROPERTY - "4" MONTHS DISCOVERY TRACK 210 LAND CONDEMNATION 220 FORECLOSURE 230 RENT LEASE & EJECTMENT 240 TORTS TO LAND 245 TORT PRODUCT LIABILITY 290 ALL OTHER REAL PROPERTY TORTS - PERSONAL INJURY - "4" MONTHS DISCOVERY TRACK 310 AIRPLANE 315 AIRPLANE PRODUCT LIABILITY 320 ASSAULT, LIBEL & SLANDER 330 FEDERAL EMPLOYERS' LIABILITY 340 MARINE 345 MARINE PRODUCT LIABILITY 350 MOTOR VEHICLE 355 MOTOR VEHICLE PRODUCT LIABILITY 360 OTHER PERSONAL INJURY 362 PERSONAL INJURY - MEDICAL MALPRACTICE 365 PERSONAL INJURY - PRODUCT LIABILITY 367 PERSONAL INJURY - HEALTH CARE/ PHARMACEUTICAL PRODUCT LIABILITY 368 ASBESTOS PERSONAL INJURY PRODUCT LIABILITY TORTS - PERSONAL PROPERTY - "4" MONTHS DISCOVERY TRACK 370 OTHER FRAUD 371 TRUTH IN LENDING 380 OTHER PERSONAL PROPERTY DAMAGE 385 PROPERTY DAMAGE PRODUCT LIABILITY BANKRUPTCY - "0" MONTHS DISCOVERY TRACK 422 APPEAL 28 USC WITHDRAWAL 28 USC 157 CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK 441 VOTING 442 EMPLOYMENT 443 HOUSING/ ACCOMMODATIONS 444 WELFARE 440 OTHER CIVIL RIGHTS 445 AMERICANS with DISABILITIES - Employment 446 AMERICANS with DISABILITIES - Other 448 EDUCATION IMMIGRATION - "0" MONTHS DISCOVERY TRACK 462 NATURALIZATION APPLICATION 465 OTHER IMMIGRATION ACTIONS PRISONER PETITIONS - "0" MONTHS DISCOVERY TRACK 463 HABEAS CORPUS- Alien Detainee 510 MOTIONS TO VACATE SENTENCE 530 HABEAS CORPUS 535 HABEAS CORPUS DEATH PENALTY 540 MANDAMUS & OTHER 550 CIVIL RIGHTS - Filed Pro se 555 PRISON CONDITION(S - Filed Pro se 560 CIVIL DETAINEE: CONDITIONS OF CONFINEMENT PRISONER PETITIONS - "4" MONTHS DISCOVERY TRACK 550 CIVIL RIGHTS - Filed by Counsel 555 PRISON CONDITION(S - Filed by Counsel FORFEITURE/PENALTY - "4" MONTHS DISCOVERY TRACK 625 DRUG RELATED SEIZURE OF PROPERTY 21 USC OTHER LABOR - "4" MONTHS DISCOVERY TRACK 710 FAIR LABOR STANDARDS ACT 720 LABOR/MGMT. RELATIONS 740 RAILWAY LABOR ACT 751 FAMILY and MEDICAL LEAVE ACT 790 OTHER LABOR LITIGATION 791 EMPL. RET. INC. SECURITY ACT PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK 820 COPYRIGHTS 840 TRADEMARK PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK 830 PATENT SOCIAL SECURITY - "0" MONTHS DISCOVERY TRACK 861 HIA (1395ff 862 BLACK LUNG ( DIWC (405(g 863 DIWW (405(g 864 SSID TITLE XVI 865 RSI (405(g FEDERAL TAX SUITS - "4" MONTHS DISCOVERY TRACK 870 TAXES (U.S. Plaintiff or Defendant 871 IRS - THIRD PARTY 26 USC 7609 OTHER STATUTES - "4" MONTHS DISCOVERY TRACK 375 FALSE CLAIMS ACT 400 STATE REAPPORTIONMENT 430 BANKS AND BANKING 450 COMMERCE/ICC RATES/ETC. 460 DEPORTATION 470 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS 480 CONSUMER CREDIT 490 CABLE/SATELLITE TV 891 AGRICULTURAL ACTS 893 ENVIRONMENTAL MATTERS 895 FREEDOM OF INFORMATION ACT 950 CONSTITUTIONALITY OF STATE STATUTES 890 OTHER STATUTORY ACTIONS 899 ADMINISTRATIVE PROCEDURES ACT / REVIEW OR APPEAL OF AGENCY DECISION OTHER STATUTES - "8" MONTHS DISCOVERY TRACK 410 ANTITRUST 850 SECURITIES / COMMODITIES / EXCHANGE OTHER STATUTES - 0" MONTHS DISCOVERY TRACK 896 ARBITRATION (Confirm / Vacate / Order / Modify * PLEASE NOTE DISCOVERY TRACK FOR EACH CASE TYPE. SEE LOCAL RULE 26.3 VII. REQUESTED IN COMPLAINT: CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $ JURY DEMAND YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT VIII. RELATED/REFILED CASE(S IF ANY JUDGE DOCKET NO. CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX 1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. 2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. 3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. 4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME BANKRUPTCY JUDGE. 5. REPETITIVE CASES FILED BY PRO SE LITIGANTS. 6. COMPANION OR RELATED CASE TO CASE(S BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S: 7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO., WHICH WAS DISMISSED. This case IS IS NOT (check one box SUBSTANTIALLY THE SAME CASE. SIGNATURE OF ATTORNEY OF RECORD DATE

3 Case 1:14-cv SCJ-AJB Document 1 Filed 08/08/14 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ROBERT D. TYLER, Plaintiff, v. Civil Action No. KIA MOTORS MANUFACTURING GEORGIA, INC., Defendant. NOTICE OF REMOVAL TO: The Honorable Judges of the United States District Court for the Northern District of Georgia PLEASE TAKE NOTICE that, pursuant to 28 U.S.C. 1446(a, Defendant Kia Motors Manufacturing Georgia, Inc. (hereinafter Defendant hereby files this Notice of Removal of this case to the United States District Court for the Northern District of Georgia, based upon the following grounds: 1. Plaintiff filed the instant action in the Superior Court of Fulton County, Georgia, on July 7, 2014 and the case was assigned Civil Action No CV The lawsuit was served on July 10, Copies of the Service of Process Transmittal and Complaint, which are attached hereto as Attachment A, were served to Glenda Strong, Registered Agent for Defendant, on July 10,

4 Case 1:14-cv SCJ-AJB Document 1 Filed 08/08/14 Page 2 of 4 2. The Superior Court in which this action was originally filed lies within the district and division of the United States District Court in which this Notice of Removal is filed. 3. Pursuant to 28 U.S.C. 1446(b, this notice of removal is filed within 30 days after Defendant s receipt through service or otherwise of the initial pleadings (Summons and Complaint setting forth the claims for relief upon which this action is based. 4. This is a civil action as to which this Court would have original jurisdiction pursuant to 28 U.S.C and is thus one which may be removed to this Court by Defendant pursuant to the provisions of 28 U.S.C. 1441(b, to wit: Plaintiff s Complaint purports to allege claims retaliation in violation of 42 U.S.C. 1981, and for retaliation for opposing race, age, and gender discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq. By virtue of 28 U.S.C. 1441(c, upon removal, this Court may exercise jurisdiction over the remaining claims contained in Plaintiff s Complaint. 5. Pursuant to 28 U.S.C. 1446(d, a Notice of Filing of Notice of Removal is today being served upon all parties and delivered to the Clerk of the Superior Court of Fulton County for filing. A copy of said Notice of Filing of 2

5 Case 1:14-cv SCJ-AJB Document 1 Filed 08/08/14 Page 3 of 4 Notice of Removal is attached hereto as Attachment B (without duplicative attachments. WHEREFORE, this case is hereby removed from the Superior Court of Fulton County to the United States District Court for the Northern District of Georgia, Atlanta Division. Respectfully submitted this 8 th day of August, CONSTANGY, BROOKS & SMITH, LLP 577 Mulberry Street, Suite 710 P.O. Box 1975 Macon, GA ( ( (facsimile bclifton@constangy.com jmartin@constangy.com /s/ William M. Clifton III WILLIAM M. CLIFTON III Georgia Bar No W. JONATHAN MARTIN II Georgia Bar No Peachtree St., N.W. Suite 2400 Atlanta, GA ( jmurray@constangy.com JOSEPH M. MURRAY, JR. Georgia Bar No

6 Case 1:14-cv SCJ-AJB Document 1 Filed 08/08/14 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on this date, I electronically filed the foregoing NOTICE OF REMOVAL with the Clerk of Court using the CM/ECF system and served same upon the following attorneys of record via U.S. Mail, postage prepaid, addressed as follows: Regina S. Molden David Health Williamson Molden & Holley LLC Peachtree Center Harris Tower 233 Peachtree St., N.E., Suite 1245 Atlanta, GA Dated this 8 th day of August, CONSTANGY, BROOKS & SMITH, LLP /s/ William M. Clifton III WILLIAM M. CLIFTON III Georgia Bar No Mulberry Street, Suite 710 P.O. Box 1975 Macon, GA ( ( (facsimile bclifton@constangy.com 4

7 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 3 of 15 IN THE SUPERIOR COURT OF FULTON I <ffi..-;;:~;-.;.;...;.-.;';;;..;:;;'-1 C E ~~~. 11\L.~~:~.t-'-l- ROBERT D. TYLER' v. Plaintiff,. KIA MOTORS MANUFACTURING GEORGIA, INC., Defendant. STATE OF GEORGIA Civil COMPLAINT FOR DAMAGES JURY TRIAL DEMANDED :L0710~ DEPUTY CLERKSLiPEJ"OR COURT FULTON.COUNTY. GA. iljii'ijeno.. COMES NOW, Robert D. Tyler ("Tyler" or "Plaintiff' and through the undersigned counsel of record, files this Complaint against Kia Motors Manufacturing Georgia Inc. ("Defendant", showing the Court as follows: Jurisdiction 1. This cause of action is brought due to discrimination on the basis of retaliation in violation of 42 U.S.C and Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.c. 2000e et seq. (hereinafter. "Title VII". The Court has subject matter jurisdiction over this matter. I

8 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 4 of Venue is proper in this Court as Defendant has its registered agent for service in Fulton County Parties' 3 At all times material to this action, Plaintiff was a resident of the State of Georgia and is entitled to bring actions of this type and nature 4 Defendant Kia Motors Manufacturing Georgia, Inc. is a foreign corporation authorized to do business within the State of Georgia. Defendant's principal offices are located at 7777 Kia Parkway, West Point, Georgia, Troup County, Defendant maybe served upon its registered agent for service of process, CT Corporation System, at 1201 Peachtree Street Northeast, Atlanta, Georgia Defendant, at all times relevant to Plaintiff's claims, was Plaintiff's employer. 2

9 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 5 of 15 Factual Allegations 6 Plaintiff is a former employee of Defendant who had been employed with Defendant since September 17,2007, when Plaintiff was hired by the Director of Human Resources and Administration for Defendant, Randy Jackson (" Jackson". 7. During all relevant times discussed herein, Plaintiff worked for Defendant in the Human Resources department, where Plaintiffs duties included hiring and recruitment of employees, administration of compensation and benefits, policy development and implementation for hourly and salaried employees, conflict resolution, corrective action, performance management, communications, and supplier support. 8. In order to facilitate his duties with Defendant, Plaintiff frequently maintained electronic documents in duplicate file folders and on his home computer to ensure they would be available if ever needed for recovery for historical purposes,.continuous improvement, or for best practice development;. and to ensure they were available for work to be perfolmed off-site or at home.. 3

10 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 6 of Jackson was aware of Plaintiff's maintenance of electronic documents in duplicate file folders and on his home computer and never protested or attempted to dissuade Plaintiff from continuing this practice. 10. During the term of his employment with Defendant, Plaintiff consistently received pay increases and promotions based on the exemplary work Plaintiff performed; 11. Around the time of Plaintiff's hiring, (approximately late September 2007 Jackson informed Plaintiff that he "had to make sure [Plaintiff] controlled the number of African Americans who were hired." 12. Jackson informed Plaintiff that "he could not let [Defendant] get into the same situation as their sister plant, Hyundai, in Montgomery, Alabama", meaning that the sister plant had approximately 60% African Americans working among tl.e hourly production and maintenance workforce and the Korean executives did not want the percentage of African American employed with Defendant to reach that level. 4

11 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 7 of As a result ofthis discussion, Plaintiff had to regularly report on the percentage of African Americans versus white team members employed with Defendant at least once per quarter. 14. Sometime inlate 2009, Plaintiff was approached by Jackson, who informed Plaintiff that the Korean executives who worked for Defendant Corporation did not want to hire any production candidates who were 50 years old or older. 15. Plaintiffresponded to Jackson that discrimination against older workers was illegal, to which Jackson responded "we have to follow the direction that was given by the Koreans, specifically Kevin Kim (Senior Manager ofhr and Training and K.S. Kim (Vice President of, Administration. 16. As a result of these directions by Jackson, Plaintiff was forced to. maintain a Pre-Employment Candidate Review Chart, which included. categories for sex, race, and age, and those factors were usedto determine who would receive preliminary job offers. 5

12 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 8 of Plaintiff was also forced to adhere to directives from Defendant's Korean executives which denied recommendations for employment for female salaried professionals based solely on their gender. 18. As a result of these directiv~s, a female employee directly under Plaintiff in the HUilliin Resources department, Andrea Gogel ("Gogel", was denied the designation Head of Team ReIa:tions upon Team Relations split from Human Resources. At the time of the split, Gogel was considered an..j acting Head of Section for Team Relations, but when Team Relations became a separate department, Gogel did not get the "automatic" designation, whereas Gogel's male counterparts in other departments did. 19. On or around September 29, 2010, Plaintiffsubmitted a fourteen page Report ofconcems (the "Report" to Defendant's Korean executives in which Plaintiff detailed his concerns regarding the illegal and unethical hiring practices of Defendant, which included race, age, and gender discrimination. 6

13 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 9 of 15 Upon reviewing the Report, Defendant's managers indicated that they were only interested in reviewing "only a few" ofthe allegations Plaintiff made. 21. Upon learning of Defendant's limited interest in the allegations Plaintiff set forth in the Report, Plaintiff filed a complaint with the Equal Employment Opportunity Commission (the "EEOC" in November, Following the filing of his complaint with the EEOC, Plaintiff was sent home on December 16, Plaintiff was officially terminated from Defendant's employment on January 6, COUNT ONE RETALIATION IN VIOlLATION OF TITLE VII 24. Plaintiff reincorporates the above allegations herein by reference. 7

14 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 10 of Plaintiff has brought his claim within 90 days of receipt of his EEOC. Right to Sue Letter. Plaintiff has met all,jurisdictional requirements to filing his Retaliation claims Defendant was Plaintiffs "employer" as that term is defmed under 42 U.S.C et seq at the time of the allegations set forth in this Complaint. 28. Defendant's retaliation against Plaintiff was on account of his submission of the Report, participation in the EEOC charge filing process, and because of Plaintiffs opposition to discrimination to race, age, and gender discrimination in violation of 42 U.S.c But for Plaintiffs acts' of submitting the Report and filing an EEOC Charge, Plaintiff would not have been terminated. 29. Defendant engaged in unlawful retaliation against Plaintiff, in violation of 42 U.S.C. 2000e et seq., Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of

15 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 11 of Defendant's retaliatory conduct, m violation of Title VII, caused Plaintiff to suffer a loss of pay, benefits, andpfestige Defendant's intentional and illegal conduct caused Plaintiff to suffer mental and emotional distress entitling him to compensatory and punitive damages pursu~nt t042 U.S.c COUNT TWO RETALIATION FOR OPPOSING RACE, AGE, AND GENDER DISCRIMINATION IN VIOLATION OF TITLE vn 32. Plaintiff reincorporates the above allegations herein by reference. 33. Following Plaintiff s internal complaints of race, age, and gender discrimination arid his filing ofan EEOC Charge, Defendants prohibited Plaintiff from continuing his practice of maintaining electronic documents in duplicate file folders'imd on his home computer, despite the fact this practice was not previously discouraged and was essential to Plaintiffs duties. "r""... 9

16 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 12 of Defendant's proffered reason for tenninating Plaintiff was itself protected activity. Plaintiffs tennination occurred less than two months after Plaintiff filed his EEOC Charge and was casually connected to the filing of the EEOC Charge, in that 1 because Plaintiff filed a Charge, he was forced to sign an agreement not to discuss the pending Charge or "similar claims"; ana 2 Defendant fired Plaintiffbeca1:lse they believed Plaintiff had downloaded and ed documents in violation of an agreement that was imposed solely because Plaintiff had filed a Charge with the EEOC. 35. Defendant's reason for tenninating Plaintiffs employment was itself retaliation for protected activity under the participation clause of Title VII's anti-retaliation provisions and violated Plaintiffs right to engage in protected activity. 36. Defendant: s retaliation against Plaintiff was on account of Plaintiff s participation in the EEOC charge filing.process and because of Plaintiffs opposition to discrimination based on race, age, and gender in violation of 42 U.S.C But for Plaintiffs act of filing an EEOC Charge, Plaintiff 10

17 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 13 of 15 would not have been terminated As a: result of Defendant's unlawful conduct, Plaintiff has suffered mental and emotional distress'in an amount to be determined at trial by the enlightened conscience of an impartial jury. Plaintiff has also suffered lost wages and the benefit of employment, which Plaintiff seeks to recover from Defendant...._.. -. WHEREFORE, Plaintif{respectfully prays for judgment against Defendant as follows: (a That this Court declare that Defendant's actions, policies, and practices complained of herein violate the rights of Plaintiff as secured by Federal law; (b Defendant be permanently enjoined from future discriminatory acts relative to discrimination based on age otrace, and for opposing such discrimination; ( c Defendant beordered to pay Plaintiff, back pay in an amount to compensate Plaintiff for lost wages; (d Defendant be ordered to reinstate Plaintiff to an equivalent or.greater position as that held by Plaintiff at the time of his 11

18 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 14 of 15 termination; (e Defendant be ordered to compensate, reimburse and make whole Plaintiff for all the benefits Plaintiff would have received had it not been for Defendant's illegal actions, including but not limited to pay, benefits, insurance costs,training, promotions and seniority; (f (g (h Plaintiff be awarded compensatory damages; Plaintiffbe awarded punitive damages; Plaintiff recover reasonable attorney's fees including litigation expenses and costs; (i Plaintiff recoverinterest on the back pay at the legal rate; and Such other relief as the Court deems proper and just. 12

19 Case 1:14-cv SCJ-AJB Document 1-1 Filed 08/08/14 Page 15 of 15 Jury Demand Plaintiff herein requests trial by jury of all issues in this action. Respectfully submitted this ::;J day of July, MOLDEN & HOLLEY, LLC.j~~~ Regina S. Molden Georgia Bar No ' David Heath Williamson Georgia Bar No Peachtree Center - Harris Tower 233 Peachtree Street, N.E. Suite 1245 Atlanta, Georgia Telephone: ( Facsimile: ( rmolden@moldenholley.com Attorneys for Plaintiff 13