Case Employment History Sexual Discrimination Failure to Respond Sexual Harassment Retaliation Counts

Complaint: Violation Counts

Morgan Stanley > Gender Discrimination > Complaint > Discrimination, and Human Rights Violation Counts

COUNT I Title VII

164. Ms. Schieffelin incorporates by reference all of the preceding paragraphs.

165. Morgan Stanley has intentionally discriminated and retaliated against Ms. Schieffelin by, among other things:

• a. denying her promotional opportunities because of her gender and her protected anti-discrimination activities;
• b. providing her with less favorable compensation and other terms and conditions of employment because of her gender and her protected anti-discrimination activities; and
• c. maintaining a work environment that was hostile to Ms. Schieffelin because of her protected anti-discrimination activities, which environment was severe or pervasive enough to alter her terms and conditions of employment; d. terminating her employment because of her gender and her protected anti- discrimination activities.

166. Such conduct by Morgan Stanley constitutes unlawful discrimination, harassment, and retaliation in violation of Title VII.

167. Such conduct by Morgan Stanley constitutes a malicious, willful, and reckless violation of Ms. Schieffelin’s rights under Title VII.

COUNT II State HRL

168. Ms. Schieffelin incorporates by reference all of the preceding paragraphs.

169. Such conduct by Morgan Stanley constitutes unlawful discrimination, harassment, and retaliation in violation of the New York State Human Rights Law.

COUNT III City HRL

170. Ms Schieffelin incorporates by reference all of the preceding paragraphs.

171. Such conduct by Morgan Stanley constitutes unlawful discrimination, harassment, and retaliation in violation of the New York City Human Rights Law.

172. Such conduct by Morgan Stanley constitutes a malicious, willful, and reckless violation of the New York City Human Rights Law.

WHEREFORE,

Plaintiff-Intervenor respectfully requests that upon trial this Court enter judgment:

• a. Declaring that Morgan Stanley’s actions, policies, and practices violated Title VII, the State HRL, and the City HRL;
• b. Permanently enjoining Morgan Stanley (and its officers, agents, and successors) from engaging in actions, policies, or practices that discriminate against professional employees in the IED because of their gender or that discriminate or retaliate against any employees in the IED because of their participation in this lawsuit, in Ms. Schieffelin’s opposition to discrimination by Morgan Stanley, or in any other conduct protected by Title VII, the State HRL, or the City HRL;
• c. Ordering appropriate equitable relief to prevent, correct, and remedy past and future discrimination against female professional employees in the IED and to prevent, correct, and remedy past and future discrimination or retaliation against all employees in the IED who engage in conduct protected by Title VII, the State HRL, or the City HRL;
• d. Directing Morgan Stanley to make Ms. Schieffelin whole by providing her with back pay, reinstatement or front pay in lieu thereof, and compensation for all lost or diminished employment-related compensation or benefits, past or future;
• e. Directing Morgan Stanley to pay Ms. Schieffelin compensatory damages for injury to her reputation, for adverse effects on her career, and for diminished earning capacity resulting from the discriminatory and retaliatory actions of Morgan Stanley;
• f. Directing Morgan Stanley to pay Ms. Schieffelin a portion of its profits during the relevant period as punitive damages to punish and deter continuation of Morgan Stanley’s unlawful employment practices;
• g. Awarding Ms. Schieffelin reasonable attorneys’ fees and costs, as provided by Title VII, 42 U.S.C. § 1988, and the City HRL;
• h. Awarding Ms. Schieffelin prejudgment interest on all monies awarded to her; and
• i. Granting such additional relief as this Court deems just and proper. JURY DEMAND Plaintiff demands a trial by jury on all claims properly triable by a jury.

Dated: New York, New York October 15, 2001

Respectfully submitted,

OUTTEN & GOLDEN LLP

Attorneys for Plaintiff-Intervenor Allison Schieffelin

By:
Wayne N. Outten (WO 0638)
1740 Broadway, 25th Floor
New York, New York 10019
(212) 245-1000