IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ...

Case 2:16-cv-00684-DJH Document 26 Filed 07/27/16 Page 1 of 31

Aeritha James 1 6128 N. 79 ST.

Scottsdale, AZ, 85250 2 512-785-4870

againsttheodds35@ 3

4 Aeritha James, PRO SE

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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10 Aeritha James

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Plaintiff,

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vs.

13 The Vanguard Group, Inc.

14 Alba Martinez

15 Perry Board

16 Benjamin Trites

17 Aaron Montenegro

18 John Doe

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) Case No: CV-16-00684-PHX-DJH

) ) AMENDED COMPLAINT(stating the ) allegations assigned to each defendant, ) adding specificity to RICO claims)

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(DEMAND FOR JURY TRIAL)

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Defendant(s).

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JURISDICTION AND VENUE

25 1. This Court has original jurisdiction to hear this complaint and adjudicate the claims stated

26 herein under 28 U.S.C ? 1331 and ? 1343, this action being brought under the Civil Rights Act

27 of 1964 for Sexual Harassment, Race, Color, National Origin Discrimination, as amended by

28 the Civil Rights Act of 1991,42 USC ? 1981 ("Section 1981") The Family Medical Leave

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Case 2:16-cv-00684-DJH Document 26 Filed 07/27/16 Page 2 of 31

1 Act(FMLA),29USC 2611,Disability discrimination under the Americans with Disabilities Act.

2 ("ADA"),This action is based in whole or in part on the Racketeer Influenced and Corrupt

3 Organizations Act ("RICO") codified at 18 U.S.C. ? 961 et seq. 18 U.S.C. ? 1951 (extortion);

4 18 U.S.C. ?? 1341 and 1346 (mail fraud), 18 U.S.C. ?? 1343 (wire fraud) 18 U.S. Code ? 1510

5 (Obstruction of criminal investigations), 18 U.S. Code ? 1511 (Obstruction of State or local law

6 enforcement),18 U.S. Code ? 1512( Tampering with a witness, victim, or an informant),18 U.S.

7 Code ? 1503(Obstruction of Justice).

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9 2. 10

PARTIES

11 3. Plaintiff, Aeritha James("James"), is a lawful permanent resident residing in Scottsdale, Arizona

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and is a citizen of Jamaica by birth.

13 4. Defendant, The Vanguard Group. ("Vanguard"), is U.S. based investment management company

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that manages approximately 3.4 trillion in investment assets.

15 5. Vanguard's main office is located in Malvern Pennsylvania with offices in Charlotte North

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Carolina and Scottsdale Arizona.

17 6. Vanguard also has a facially-neutral internal complaint process, through which employees can

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report wrongdoing or violations of company policy, such as allegations of discrimination or

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harassment.

20 7. This process involves complaining to representatives of Vanguard's Human Resources("HR"),

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specifically Crew Relations("Crew Relations"), which is the division of HR that handles

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employee complaints.

23 8. However, Crew Relations conducts investigations for informational purposes only. Information

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gathered during investigations is given to the executive of the complaining employee's business

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unit.

26 9. The executives, not HR, then determines the course of action.

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Case 2:16-cv-00684-DJH Document 26 Filed 07/27/16 Page 3 of 31

1 10. Defendant Perry Board("Board") is an adult caucasian male residing in Pennsylvania. At all

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times material hereto, Defendant Board was a Manager in Vanguard's 1Voyager Select

3 Services("Voyager Select"). Board previously resided in Arizona and directly supervised James.

4 11. Defendant Benjamin Trites("Trites") is an adult caucasian male residing in Phoenix, Arizona. At

5 all times material hereto, Defendant Trites was a manager in Vanguard's Voyager Select.

6 12. Defendant Aaron Montenegro("Montenegro") is an adult Hispanic male residing in Phoenix

7 Arizona. At all times material hereto, Defendant directly supervised James.

8 13. Defendant Alba Martinez("Martinez") is a female residing in Pennsylvania. At all times

9 material hereto, Defendant Martinez was the Principle(Executive ) of Vanguard's Retail Service

10 Group.

11 14. Defendant John Doe("Doe") is an adult male residing in Arizona. At all times material hereto,

12 Doe is a high ranking member of law enforcement with the ability to act, or instruct others to

13 act in an investigative capacity.

14 15.

The Enterprise

15 16 17.The "Enterprise" includes a group of corporations including The Vanguard Group, corrupt high

17 ranking elected government officials in Arizona, law enforcement, investigative bodies used by law

18 enforcement, local restaurants, and other individuals known and unknown.

19 18.The Enterprise constitutes an ongoing organization whose members functioned as a continuing

20 unit for a common purpose of achieving the objective of securing unlawful gains through organized 21

crime. 22

19.The enterprise is led by corrupt high-ranking elected officials in Arizona that abuse their office to 23 24 unlawfully shield corrupt corporations from financial loss.

25 20.In employment disputes in which the employee has raised serious allegations of illegal activity,

26 the corporations file a false claim with law enforcement against the complaining employee. The

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28 1 Voyager Select Services is a Department at Vanguard that manages clients accounts with assets of 500K or more. Voyager Select is a Sub-division of Vanguard's Retail Service Group.

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Case 2:16-cv-00684-DJH Document 26 Filed 07/27/16 Page 4 of 31

1 elected officials then use law enforcement, investigative bodies, government and corporate entities 2 and other individuals known and unknown to carry out a pattern of racketeering activity until the

3 employee abandons their claims.

4 21.In retaliation for raising concerns of systemic racial discrimination and sexual harassment,

5 Defendant Vanguard filed false allegations with the DEA against James alleging drug abuse. Under 6 the guise of an investigation, John Doe exercised his authority and directed the enterprise carry out 7

a pattern of racketeering consisting of multiple acts indictable under statutes including but not 8

limited to, 18 U.S.C. ? 1951 (extortion); 18 U.S.C. ? 1341 and ? 1346 (mail fraud) 18 U.S. Code ? 9 10 1510 (Obstruction of criminal investigations), 18 U.S. Code ? 1511 (Obstruction of State or local 11 law enforcement),18 U.S. Code ? 1512 (Tampering with a witness, victim, or an informant),18 U.S.

12 Code ? 1503(Obstruction of Justice).

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14 INTRODUCTION

15 22.On or about January 29, 2015, James filed a Charge of Discrimination and Retaliation with the

16 Equal Employment Opportunity Commission ("EEOC") which cross-filed a Charge with the

17 18 Arizona Attorney Generals Office. 19 23.On or about April 27, 2015, James updated the EEOC on the ongoing retaliatory acts which took

20 place while James was on Short Term Disability leave, and filed new Charges to include

21 Discrimination on the Basis of Disability(Depression),and National Origin. 22 24.James's investigator was unavailable to meet with James during the EEOC investigation, so 23

James filed new charges for Sexual Harassment and Wrongful Termination as opposed to amending 24

the existing charge. 25

25.At James's request, the Equal Employment Office issued a Right to Sue letter for the above 26 27 referenced charges. Copies of the EEOC's Notice of Right to Sue is attached hereto as Exhibit "A"

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Case 2:16-cv-00684-DJH Document 26 Filed 07/27/16 Page 5 of 31

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26.Plaintiff has fully complied with all administrative prerequisites for commencement of this action.

2 27.James exhausted her administrative remedies required by ADA when she filed her complaint

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with the EEOC and agreed to conciliation services. 4

5 28.Vanguard failed to seek early resolution of any matter contained in this complaint and declined

6 all offers to meet through conciliation services.

7 29.Venue is proper as most acts of discrimination and retaliation occurred in Maricopa Arizona

8 where Vanguard conducts business, and the James resides.

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ALLEGATIONS AGAINST VANGUARD AND SUPERVISORS

10 30.At all times material hereto, James was subjected to sexual harassment through inappropriate

11 sexual jokes which created an intimidating, hostile, or offensive working environment.

12 31.At all times material hereto, James was subjected to a racially divisive and hostile work

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14 environment which includes, but not limited to: (a) Caucasian Supervisors offering preferential

15 treatment to whites over James in regards to vacation time, sick time and pay.(b) Caucasian

16 Supervisors ignored James complaint of employees use of racially derogatory terms and failed to

17 report such incident to HR in violation of company policy. (c) Caucasian Supervisors fostered an

18 environment that excludes diverse groups, and held James to a higher standard of "Relationship

19 Building" than Caucasian peers. (d) Caucasian Supervisors endorsed underperforming white 20

employees for leadership and advancement opportunities while high performing minority 21

employees were denied such opportunities.(e) Caucasian Supervisors inconsistently applied 22 23 Vanguard's performance standards to show preferential treatment to Caucasian employees over

24 minorities.

25 32. James reported the discriminatory treatment to her leaders and Crew Relations.

26 33. In instances where investigations concluded that discrimination occurred, defendant omitted

27 material facts to falsify the investigation results.

28 34. Vanguard retaliated against James by manufacturing evidence to aid in James termination. One

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