PHILADELPHIA – Yeadon’s former Borough Manager has filed a complaint alleging instances of gender and race discrimination she faced during her employment and before being terminated, litigation which the Borough and its co-defendant removed to federal court.
Mironda Presswood of Wallingford initially filed suit in the Delaware County Court of Common Pleas on Sept. 25 versus the Borough of Yeadon and NJN & Associates, LLC, of New Castle, Del.
“Plaintiff began working for defendant Yeadon in or around June 2018 as an Assistant Borough Manager. In or around June 2019, plaintiff became jointly employed by defendant NJN. In or around June 2019, plaintiff was promoted to the position of Borough Manager,” the suit states.
“During the entirety of her employment, plaintiff was qualified for her position and performed well. Beginning in or around June 2019 and continuing through the end of her employment, plaintiff was frequently subjected to harassing comments on the basis of her race and sex. The comments were made by supervisory employees within defendant Yeadon.”
The suit adds that though defendant NJN was aware of the harassment, it allegedly did not take any steps to correct it.
“On Dec. 29, 2021, Learin Johnson, who was sworn in as Vice President or the Council of defendant Borough on Jan. 3, 2022, falsely claimed to plaintiff that a man normally held the position of Borough Manager. Learin Johnson further implied that a man should hold plaintiff’s position. Plaintiff reasonably believed these comments were discriminatory on the basis of sex and/or gender. Plaintiff made a complaint of discrimination to both defendants,” the suit says.
“Only days later, on Jan. 3, 2022, defendants terminated plaintiff’s employment. Plaintiff was thereafter replaced by a male employee with fewer qualifications. The male employee was required to perform the exact same work that plaintiff did. The male employee was paid a significantly higher salary than plaintiff had been paid.”
On Dec. 6, the defendants removed the case to the U.S. District Court for the Eastern District of Pennsylvania, since federal laws were invoked in the complaint.
“Plaintiff’s complaint asserts multiple claims against the defendants under Title VII of the Civil Rights Act of 1964, as amended. Moving defendants assert that this Court has jurisdiction pursuant to 28 U.S.C. Section 1331 and 28 U.S.C. Section 1441(c) as claims are being asserted against the defendants under the laws of the United States of America. This notice is timely filed as it is filed within 30 days of service of the complaint on the defendants. Defendants herein demand a trial by jury,” the removal notice stated.
For multiple counts of retaliation, sex discrimination, gender discrimination, race discrimination under Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act, 42 U.S.C. Section 1981 and the Equal Pay Act, the plaintiff is seeking the following relief:
• Damages for past and future monetary losses as a result of defendants’ unlawful discrimination and retaliation;
• Compensatory damages;
• Punitive damages;
• Liquidated damages;
• Emotional pain and suffering;
• Reasonable attorneys’ fees;
• Recoverable costs;
• Pre- and post-judgment interest;
• An allowance to compensate for negative tax consequences;
• A permanent injunction enjoining defendants, their directors, officers, employees, agents, successors, heirs and assigns, and all persons in active concert or participation with them, from engaging in, ratifying, or refusing to correct, employment practices which discriminate in violation of Title VII, the PHRA, the EPA and Section 1981;
• Order defendants to remove and expunge, or to cause to be removed and expunged, all negative, discriminatory, and/or defamatory memoranda and documentation from plaintiff’s record of employment, including, but not limited to, the pre-textual reasons cited for her adverse actions, disciplines and termination; and
• Awarding extraordinary, equitable and/or injunctive relief as permitted by law, equity and the statutory provisions sued hereunder.
The plaintiff is represented by Eva C. Zelson, Gregg L. Zeff and Derek J. Demeri of Zeff Law Firm, in Mount Laurel, N.J.
The defendants are represented by Robert P. DiDomenicis of Holsten Associates, in Media.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-04819
Delaware County Court of Common Pleas case CV-2023-008300
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com