Case 4:09-cv-02216 Document 1 Filed in TXSD on 07/13/2009 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF TEXAS,
HOUSTON DIVISION

Karen L. Tounkara, §
Plaintiff, §
§
v. § Civil Action No. __________
§ Jury
K.B.R., Inc., §
Defendant. §

PLAINTIFF'S ORIGINAL COMPLAINT

A. Parties

1. Plaintiff, Karen L. Tounkara, is an individual that is a citizen of the State of

Texas.

2. Defendant, K.B.R., Inc., is a corporation that is incorporated under the laws of

the State of Texas. Defendant has its principal place of business in the State of Texas.

Defendant may be served with process by serving its registered agent, CT Corporation, at

350 N. St. Paul Street, Dallas, Texas 75201.

B. Jurisdiction

3. The court has jurisdiction over the lawsuit because the action arises under 42

U.S.C. §2000e–2. Plaintiff was discriminated against on the basis of religion, Islam.

C. Venue

4. Venue is proper in this district under 42 U.S.C. §2000e-5(f)(3) because the

alleged unlawful employment practice was committed in this district. Plaintiff was

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discriminated against on the basis of religion at the employer’s location, 4100 Clinton

Drive, Houston, Texas 77020.

D. Exhaustion of Administrative Procedures

5. Plaintiff timely filed a charge of discrimination against defendant with the Equal

Employment Opportunity Commission (EEOC). Plaintiff files this complaint within 90

days after receiving a notice of the right to sue from the EEOC. A copy of the notice of

the right to sue is attached as Exhibit A.

E. Count 1 - Discrimination Under Title VII

6. Plaintiff is an employee within the meaning of Title VII and belongs to a class

protected under the statute, namely employees protected from religious discrimination.

7. Defendant is an employer within the meaning of Title VII.

8. Defendant intentionally discriminated against plaintiff because of her religion in

violation of Title VII by failing to make a reasonable, religious accommodation to allow

the plaintiff to wear her hijab (headscarf) in observance of her Muslim faith during her

hours of employment.

F. Damages

9. As a direct and proximate result of defendant's conduct, plaintiff suffered the

following injuries and damages.

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a. Plaintiff was discharged from employment with defendant. Although

plaintiff has diligently sought other employment, she has been unable to

find a job. In addition, plaintiff has incurred expenses in seeking other

employment.

b. Plaintiff suffered mental anguish and emotional distress in the form of

depression, anxiety, personal humiliation and shame.

c. Plaintiff suffered physical illness in the form of depression, stress, insomnia,

lack of appetite, chronic irritability.

G. Attorney Fees

10. Plaintiff is entitled to an award of attorney fees and costs under Title VII, 42

U.S.C. §2000e-5(k).

H. Prayer

11. For these reasons, plaintiff asks for judgment against defendant for the

following:

a. Compensatory damages.

b. Punitive Damages.

c. Pre-judgment interest.

d. Post-judgment interest.

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e. Reasonable attorney fees.

f. Costs of suit.

g. All other relief the Court deems appropriate.

Respectfully submitted,

By: s/Darius R. Porter

Darius R. Porter
Federal Bar Number: 924424
2301 Caroline Street
Houston, Texas 77004-1013
Tel. 713.589.4050
Fax 866.889.2555

ATTORNEY IN CHARGE FOR

PLAINTIFF, KAREN L. TOUNKARA

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PLAINTIFF'S DEMAND FOR JURY TRIAL

Plaintiff, Karen L. Tounkara, asserts her rights under the Seventh Amendment to the

U.S. Constitution and demands, in accordance with Federal Rule of Civil Procedure 38, a

trial by jury on all issues.

Respectfully submitted,

By: s/Darius R. Porter

Darius R. Porter
Federal Bar Number: 924424
2301 Caroline Street
Houston, Texas 77004-1013
Tel. 713.589.4050
Fax 866.889.2555

ATTORNEY IN CHARGE FOR

PLAINTIFF, KAREN L.TOUNKARA

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CERTIFICATE OF SERVICE

I certify that copies of Plaintiff’s Original Complaint and Plaintiff’s Demand for Jury

Trial was served on the CT Corporation, who is the registered agent for defendant,

K.B.R., Inc., and whose address and telephone number are 350 North St. Paul Street,

Dallas, Texas 75201, 214.979.1172, by certified U.S. mail, return receipt requested, on

July 13, 2009.

S/Darius R. Porter
Darius R. Porter