STATEMENT OF CLAIM
A. ISSUES IN DISPUTE
(i) Unfair termination of employment of Bria Jones contrary to the Title VII of the Civil
Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to 2000e-17
(ii) Unfair Labor Practice Contrary to the Americans with Disabilities Act of 1990, as
codified, 42 U.S.C. §§ 12112 to 12117, Chapter 21 of the Texas Labor Code Sec
21.252 and 21.254, and 4. 42 U.S.C. 12203.
1. The claimant is an individual residing in …………………………..area of
…………………………..County within the State of Texas and who address for the
purpose of this Claim shall
2. The respondent is a “GOVERNMENT ENTITY”. Its address for the purpose of this
C. GROUNDS OF CLAIM
3. Beginning on or about 2014, Bria Jones (“Jones”) was hired by Government entity
(“Government entity”), thereafter, proving herself a hard-working, high achieving
Clinical Registered Nurse for the next five (5) years.
4. During Ms. Jones career Government entity, Jones served as an undocumented preceptor
to multiple nursing students that was assigned to UNIT formerly G19, member of The
Graduate Residency Committee, CAUTI champion, Magnet Champion, Quality College
participant as well as a mentor to her colleagues.
5. Jones was reviewed positively by her superiors, complemented by patients, families and
co-workers that normally crossed her path, and received no formal reprimands.
6. On August 11, 2018, Nicole Vaughn-Bell (“Bell”) an employee at the “Government
Entity”, in particular the associate director of UNIT assigned Jones tasks that were
performed over a month timeframe and split between members off the Joint Commission
committee, nurse managers, charge nurses and the director.
7. The assigned tasks by Bell to Jones was an alteration of Jones’s modified duty tasks that
was previously approved by the Employee Health and Wellbeing (“EHWB”) and nurse
manager Maria F White (“White”) to include specific items requiring the immediate
attention on the unit.
8. The assigned work constituted a substantial amount of work that was unrealistic to be
performed by Jones, because she lacked the training on how to do the tasks assigned
correctly and efficiently, because they were not a part of her normal duties nor did she
9. On August 11, 2018 Jones sent Bell an email informing her of the hostile working
environment stemming from the assignment Bell gave Jones involving Anoop Chacko
(“Chacko”) she was being yelled at in a threatening manner that was offensive and
10. On that same day Jones made an incident report via Safety Intelligence report via the
11. On that same day Jones asked Bell (via email) if they could address the concerns as soon
as possible, because Government entity is committed to creating a caring and healthy
environment for everyone in reference to Government entity core values of caring,
integrity and discovery.
12. On that same day Bell informed Jones that according to the email and Safety Intelligence
report submitted by Jones that Jones felt threatened and unsafe. She informed Jones that
when leadership is not present, Bell wants Jones to utilize available resources NOSA,
UTPD and charge nurse. Bell informed Jones that Bell would follow up with these
13. On August 12, 2018 Jones emailed Bell at 12:23pm to recount the events from August
11, 2018 (hostile work environment). Jones also informed Bell that she would like her
advice on the institutional non-retaliation policy amongst other things.
14. On that same day at 6:55 pm Jones emailed Bell informing her of increased knee
15. On that same day Jones informed Bell of the tension and resistance experienced from
staff due to Jones’s assigned duties. Jones informed Bell if there was any way possible
that Bell could communicate Bell expectations of Jones’s assigned duties with the staff,
therefore creating a great working environment to improve the unit practice and eliminate
any resistance (multiple staff members were upset, because multiple people were told
prior that modified/light duty wasn’t available, this happened to me as well when I was
pregnant. I had to go on maternity leave early, due to the vigorous assignments).
16. On August 17, 2018 Jones relocated to the Diagnostic Imaging from August 17, 2018-
October 25, 2018.
17. On August 20, 2018 Bell sent an email to the staff regarding “what happens when you
have a work-related injury” she states that PTO is not used during this time period. This
statement is contradicted by Mimi Tran RN (EHWB) email on August 10, 2018 which
states that any time out of work should be coded as PTO per the attendance policy.
18. On August 31, 2018 Eileen M Le (EHWB) released Jones back to work full duty,
although she was very limited. Despite Jones’s concerns over patient and staff safety Le
stated “there is no more modified duty available, you’re just going to have to try” (acuity
on UNIT is pretty intense and patients fall all the time, I did not want to place my patients
nor my own personal safety in danger knowing my limitations.
19. On that same day Le asked Alison Coury NP (“Coury”) (EHWB) for assistance in
evaluating Jones’s symptoms after Jones inquired about her workers compensation claim
20. On that same day Jones requested the workers compensation claim number because her
symptoms were increasing, and she was in pain.
21. On that same day Alison walked in the door saying “it didn’t make sense, none of it”
arms folded, and stern face.
22. On that same day Jones informed Coury that although it may not make sense her
symptoms were real (sharp, shooting pins and needle pain previously reported to Le).
23. On that same day Coury assaulted Jones by aggressively grabbing her right lower leg
while Coury was supposedly assessing Jones for the second time. First assessment was
performed by Le. Jones yelled “Stop, why would you do that” and Coury looked at her
with a stern face and teeth clinched and stated “I am NOT trying to hurt you. At this time,
I was scared and had Le not required Jones to change into a patient gown prior to
assessment and had Jones been without a disability Jones would’ve done everything
possible to escape from the danger /risks the individuals inside the room was capable of
due to the treatment and aggression Jones experienced.
24. On that same day Le stood in the room and watched Coury physically assault me. Le
allowed the assault to occur, because she allowed the opportunity for Alison to cause
additional harm to me.
25. On that same day Mary lou RN (“Lou”) entered into the room like a bat out of hell with a
stern face as well stating “I want you to know, if you sign this we will have access to all
of your medical records to check for any preexisting injuries, as well as I could have a
private investigator follow me around and will interview both Jones and staff members.
Lou also stated that they already knew the workstation on wheels (“WOW”) pushing
force was 14lbs. Lou stood in close proximity to Jones awaiting Jones’s signature on the
network form (Jones should’ve been provided this form the first day as well as Jones’s
rights, instead the employees of EHWB ignored Jones’s symptoms and retaliated against
her once she inquired about the Workers Compensation claim number. Jones informed
Lou that she reads everything before she signs her signature. Lou left the exam room and
instructed Jones to give the signature page to Le once I completed. Jones’s civil rights
were violated the day she went to EHWB and continues today due to disparate impact
relating to unfair practices towards protected classes based on race, women, and people
with disabilities, exclusionary policies and practices, channelling/steering individuals into
specific jobs due to their status, job segregation as well as screening tools with a disparate
26. On that same day Jones informed the Le and Coury that it appeared they were frustrated,
and mad due to my work-related injury and symptoms. Jones didn’t understand, because
Le had informed Jones for the past 29 days that Jones was on workers compensation and
HAD to go to EHWB as well as obtain medication from the pharmacy on the 7th floor.
Jones stated to both Le and Coury “why does it seem as if your angry/mad, we have
workers-comp I need to get better”.
27. Jones became very anxious and scared and had to endure what would be the beginning of
a real life horrible, scary, frightening action-packed thriller. The only question Jones
could ponder was “WHY”? Why was Jones treated differently, was Jones’s work-related
injury the cause of this treatment…How many other employees are suffering and have
suffered as a result of corporate bullying, disability induced hate crime, discrimination,
harassment, retaliation, disparate treatment, disparate impact…?
28. On Tuesday September 4, 2018 Jones went to see the orthopedic surgeon and an MRI
was ordered as was recommended by ER doctor.
29. On that same day obtained legal counsel when a lady contacted Jones before transferring
her to a gentleman named Patt Lewis (“Lewis”). Jones asked how they obtained her
information and the reply was “you reached out to a law firm and they’re not accepting
workers compensation cases, but I know someone who can help you”. Desperately in
need of relief from the monsters employed by my employer I agreed. Jones was
connected to Lewis, after speaking with Lewis he appeared knowledgeable and interested
in stopping this unlawful behavior. After giving Lewis a detailed synapse of the situation,
he then informs me that “an attorney will contact me within 48 hours”. I asked, “wait a
minute are you not the attorney”? He stated no and gave me a lavish excuse on why he
doesn’t work cases any longer. Lewis informed me go to the Orthopedic Surgeon visit
and that my employer doesn’t have a say so in my care once they file a worker’s
30. By means of behavior browsing the lawyer assigned to my case was placed purposely and
knowingly for unlawful purposes. The attorney was connected to Government entity and
31. On September 5, 2018 Jones went to see the network doctor at Herman and the doctor
ordered the MRI that Methodist ordered.
32. On September 6, 2018 Lou informed Jones that she approves the MRI not IMO and that
she obtained the preauthorization (wording on preauthorization is questionable), Lou
informed me that the facility the network utilizes is Houston Imaging and informed me
that the location on Shepard would have the first available according to the time frame
needed, because I couldn’t drive. This appointment was scheduled for September 8, 2018.
33. Jones’s results were faxed to individual’s that should have never received her private
information, despite Jones stating to the facility that her records should not be sent to
anyone but the ordering doctor. Jones records were faxed to Dr. Georgia Tomas on
September 11, 2018.
34. Dr. Georgia Tomas (“Tomas”) name appeared on Jones’s illegally created chart in the
EPIC system at Government entity. It concerns Jones as a nurse that Tomas a doctor can
be allowed to have patients assigned and yet she has never seen, assessed, interviewed
nor spoken to the employee (shell patient) until Jones sent Tomas an email in November
alleging unfair practices.
35. On September 10, 2018 Jones sent Bell an email regarding Jones’s scheduled date to
36. On September 10, 2018 Bell responded to Jones via email and stated that Jones couldn’t
return prior to the release date unless the MD approves it, she stated that Jones was very
limited before Jones was taken off duty and that Bell would need to determine to what
extent they could accommodate modified duty.
37. On September 11, 2018. Jones inquired if she could use her holiday time instead of
activating continuous FMLA on September 11, 2018 because the doctor didn’t release
her until September 13, 2018.
38. On September 14, 2018, Jones gathered the courage to inform GOVERNMENT ENTITY
of the discrimination, retaliation, harassment, assault (hate crime), hostile work
environment due to prior protected activity report #128030902.
39. Jones followed up on the report several times due to the discriminatory actions directed
toward her and no one reached out. Jones made calls on September 14, 2018, September
20, 2018, September 29, 2018 and October 24, 2018 all to be provided there was no
40. To take you back a couple of weeks prior to Jones work injury, Jones was hired January
2014 working the night shift as a clinical nurse. Jones’s family dynamics changed, and
she needed a day shift position to be home with her babies at night amongst other things.
Summer of 2014 Bell informed Jones verbally that Jones will be on the day shift before
the kids started school.
41. Bell never completed her promise to Jones. Jones would ask about the transfer so often
she was awarded “The Most Likely to Ask for Dayshift” by White. This was not taken
lightly by Jones, in fact it seemed to create a mockery. Staff members laughed as if this
was the best joke ever during huddle.
42. Jones continued to ask Bell and White about transferring and even inquired about maybe
having to move to another unit to be able to fulfill Jones’s mother duties. Unfortunately,
Jones was then informed of a list of names in which the employees from night shift move
to day shift. This list was secretive and never made viewable to majority of the staff. The
request continued at every chance Jones got.
43. From 2014 through to March 2016 on several occasions Jones informed Bell and White
of her falling asleep while driving home. On February 18, 2016 after Jones night shift,
Jones went to speak with Bell and told her “I’ve been sleep driving on the way home, no
matter the interventions, and its scaring me”. Bell first response was “I HOPE I DON’T
SEE YOU ON THE NEWS” At this time Jones’s mouth dropped in disbelief over Bell
the associate directors’ comment. Jones then asked Bell did she know a timeframe
because the kids and the sleep driving. Jones sent Bell an email on February 25, 2016 to
inform her on how Bell made her feel (Exhibit).
44. On February 18, 2016 after Bell made that comment to Jones, Jones contacted Human
Resources for guidance. At the time the HR Generalist was Veronica Garza (maybe), and
she asked if Jones wanted her to call Bell or if she wanted to try asking again. Jones
decided she will ask again as well as enlighten Bell on how she made her feel.
45. After Jones sent the email to Bell, Bell apologized and asked when Jones would be
working again to allow the discussion of timeframe.
46. Jones was eventually moved to dayshift (March) after Dsouza (charge nurse) approached
Jones and informed her that there was an opening, and would she like it. Jones didn’t
understand why Bell didn’t make the offer. Jones accepted.
47. Jones constantly was writing safety reports when unsafe situations could have a negative
effect on patients, staff and some instances death. Nurses are informed to make the safety
reports when nurses see unsafe working conditions.
48. Between February 5, 2018 and February 21, 2018 Government entity sent out a Patient
Safety Culture Survey, this survey was supposed to be anonymous. It was a place for
everyone to address their concerns with the hopes of being heard and embark CHANGE.
49. Jones answered the February survey with COURAGE, BRAVERY AND HONESTY.
50. On May 20, 2018 Jones had an unsafe working assignment and although Jones Utilized
the STOP the line method, Dsouza and the night charge nurse failed to change her
assignment. Staff was working short and the acuity was at a max, despite what the Epic
system states. Jones had 3 sick time-consuming patients. All patients were high fall risk,
and one was aspiration precautions and could barely feed himself while choking often,
and Jones’s other patient was having pain and panic attacks with other health issues. The
assignment was not changed in fact the charge nurse Dsouza stated, “well baby doll, I
know, I’m sorry…I will help you”. But it didn’t take a rocket scientist to figure out
Dsouza would return. In fact, later in the shift Jones asked Dsouza to feed the patient and
she appeared to be going into the patient room and once Jones returned to check on the
patient about ten minutes later, the patient was in his room alone with food all over his
face and sheet, because he was attempting to eat his food and coughing vigorously.
Dsouza was nowhere near. Incidents such as this cause harm to patients and some are not
able to recover.
51. On May 20, 2018 Jones wrote an incident report regarding the unsafe working condition
to bring about change.
52. On May 21, 2018 Bell sent the unit an email discussing the survey and informed the staff
would talk about it during the staff meeting.
53. Around Monday May 28, 2018 Bell met with Jones to discuss the safety report. During
the meeting Bell repeatedly asked did Jones think a patient could’ve died and Jones
replied yes. Bell growingly frustrated stated how she was trying to read Jones’s body
language. Jones informed Bell that although she did the right thing Bell were
interrogating her as if she did the wrong thing (this will only create a unsafe culture and
people will not be held accountable for bringing harm to patients and staff will continue
to practice unsafe and patients will suffer from the hands of the Hospital and wonder how
and why) This culture has to change or more innocent lives will be lost through
negligence of employees, directors and actors of the system.
54. On or around May 29, 2018 leadership discussed the safety survey results. After reading
several comments, there appears a long compliant. This was no secret that Jones made
this comment. It was true and stated facts. Everyone appears to be terrified to report
wrongdoing. Jones’s comments reflect patient/staff safety, work culture, retaliation
concerns were among the few (Exhibit)
55. Bell started to really ignore Jones after this incident, Bell wouldn’t even look at Jones and
avoided her at all cost.
56. Sometime around July 23, 2018 Jones was evaluated by Bell and received her lowest
score to date. Jones is a great worker and it shows in her delivery. Jones tried multiple
times to have Bell and White speak on the insubordination the Patient Care Technicians
(“PCT”) give daily and all interventions were delayed and put off creating a more hostile
working environment. Although Jones met and excelled her goals, she was still given a
low rating by Bell. White usually completes Jones’s evaluation.
57. The behaviors above show how Jones was retaliated against for protected activity and her
disability. Jones was intimidated by the employees, managers and directors to come to
work hurt in so much pain and limited. Similar situated employees who were not injured
on the job or just called in were not subjected to this discriminatory treatment. Estrella
Brown (“Brown”) a clinical nurse of Hispanic/Latino race was allowed the opportunity to
stay on the unit and execute her modified duties, but Jones of Black/African American
Race was transferred to another department doing a less desirable job (placing arm
58. On October 23, 20018 Jones requested a meeting with Mills in effort to discuss the
discrimination encountered amongst other things such as a reasonable accommodation.
Mills insisted Lou be present, although Lou was one of the individuals initially reported.
59. Prior to the meeting Jones inquired about the complaint submitted #128030902 and Mills
informed her that he didn’t have access. Mills states in an email to Jones that after
research he found the complaint and asked how he could assist.
60. Jones asked Mills several times to please clear the path of the people retaliating against
her. Mills did nothing to resolve this matter, although he is the HR generalist. Knowingly
and willingly Mills watched the discriminatory behavior and didn’t do anything.
61. On a report provided to the GOVERNMENT AGENCY Government entity states that the
referral was misplaced due to a clerical error the GOVERNMENT AGENCY office and
HR regulations didn’t discover it until they were Notified of the Discrimination charge on
November 22, 2018 (this is pretextual because on October 5, 2018 Jones sent Mills an
email to follow-up with report #128030902 and the plea for help regarding some ongoing
62. On October 9, 2018 Mills emailed Jones and informed her that he received some
additional information and he was ready to meet and discuss some of her concerns (If this
was misplaced how did he obtain information, and why didn’t he do nothing to stop the
discrimination if his job is the HR Generalist, also during the meeting on October 24,
2018 mentioned the report again in front of Lou and Mills.) Exhibit
63. Government entity provided in their statement that Jones alleged that Government entity
failed to accommodate her injury because she was moved from her regular floor to
another department while on light duty and ultimately told she had to take FMLA leave if
she could not return upon resolution of workers compensation claim (this is not true and
was never Jones’s statement. As a matter of fact, during the meeting with Mills and Lou
on October 23, 2018 they suggested Jones take FMLA paperwork to the doctor on
October 29, 2018. Lou stated there were no jobs in the whole entire house that Jones
could do while receiving accommodations.
64. On October 29, 2018 the doctor continued my modifications and Lou wasn’t happy.
George Delclos the doctor stated that Government entity just going to have to understand,
as well as he didn’t see a problem because entity was self-insured.
65. On October 31, 2018 White emailed Jones and informed her to initiate FMLA and return
when she has no restrictions.
66. In the investigation report Anderson states that 5 months after the date of injury Jones
was terminated because they could no longer accommodate her ongoing restrictions and
medical leave (The modified duty attached to Government entity’s statement states
modified duty may be continued for 6 months, was there any reason Jones was not
granted this opportunity to heal, was this treatment based on her prior protected activities)
This matter will be addressed in the recent filed charge.
67. Government entity states in the investigation report that Jones failed to point to any
evidence that that the reason for additional assignments were discriminatory (this is not
true, I informed Marla exactly why Bell, Le, Coury, Lou, Mills and many others treated
me awfully and openly discriminated against me.
68. Bell lied to the investigator and said that Jones was on the Joint Commission committee
this was a lie, and the email communication clearly shows it.
69. Government entity states in the investigation that the only harassment pointed to be the
nurse yelling this is not the truth (Jones informed her of Bell, White, Carson, Le, Coury,
Mills and many others behavior and the incidents that occurred that constituted
harassment. Jones even mentioned the police report.
70. Bell and White in the investigation report stated that they knew of no other harassing
behavior by the staff, although they were sceptical regarding the extent of her injury. This
is not true because Bell and White were aware of the toxic culture of UNIT previously
G19. Multiple reports of bullying and intimidation, insubordination, retaliation is ignored
by management on a regular basis. Jones sent Bell an email on August 28, 2018 and
asked if she mind if Jones put together a work environment project for UNIT and get
everyone’s input. Jones stated she believed the unit could get better. Please read the
safety survey and interview staff regarding the culture. It is very toxic and management
appears to welcome the chaos. No one is held accountable for doing wrong things, yet an
injured hard great worker gets injured and they discuss my illness on the unit. Why is the
boss violating Jones’s privacy, this is a common practice of Bell and she does it without a
care in the world! While having a meeting with a similar employee discussing a hostile
working environment Bell disclosed that the employee in discussion had a right ear
hearing problem. Bell clearly violated the worker’s privacy and the worker was not in the
meeting. During this same meeting Bell attempted to harass the employee who sought
management for help and the employee continues to be retaliated against and harassed.
71. During the investigation report Coury stated she touched Jones leg, this is not the truth
Coury grabbed Jones’s leg out of frustration and anger and she continued even after I
72. From September 5, 2018 – October 31, 2018 Jones was subjected to harassment by Lou
including but not limited to calling the doctor’s office to state Jones should be dismissed
because the claim won’t be paid as well as telling the doctor to discharge me. The doctor
stated she didn’t trust Lou and refused to sign FMLA paperwork. Lou got these signed by
someone, but the doctor refused when I took them although the doctor took me off work
for the time period. Lou also called Jones several times and emailed her regarding going
to a frivolous MMI appointment when Jones was clearly still hurt. Lou oversaw the
workers compensation program, yet Lou lied about the illegal retrieval of medical records
and invading Jones’s privacy. Lou informed Jones that she would check with the access
team to see how and why her medical records were on EPIC.
73. Lou would later state that her friend in access didn’t know how this happened. On several
pieces of paperwork Lou title changes frequently and on some papers, it states her title as
Client Access and on some it states other titles (this is interesting, and Lou is appearing to
be prying and picking at employees’ records and employees don’t have a clue).
74. During the leave requested Human Resources never provided Jones with the total amount
of leave that she had access to. When Jones gave birth the leave center sent detailed
correspondence of hours and paperwork, what made this different? Also, if the extending
of leave falls under ADA as a reasonable accommodation why was this not granted?
75. Jones was very well so limited in her daily activities of life and remains limited.
Documentation from provider’s show a significant impairment. Jones was considered
disabled according to the disability requirements.
D. PROVISIONS OF THE LAW
76. The Claimant shall rely on the following provisions of the law:
(i) Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. §§ 2000e to
2000e-17 (race, color, gender, religion, national origin).
(ii) Americans with Disabilities Act of 1990, as codified, 42 U.S.C. §§ 12112 to
(iii) Title V, Section 503 of the Act
(iv) 42 U.S.C. 12203
(v) Chapter 21 of the Texas Labor Code Sec 21.252 and 21.254
E. THE RELIEF
77. In view of the foregoing, the Claimant pray to this Honourable Court to grant the
(i) A declaration that “GOVERNMENT ENTITY” unfairly terminated the
employment of BRIA JONES.
(ii) An Order directing the Respondent to pay the Claimant General Damages for the
unfair termination that is to determined.
(iii) An Order directing the Respondent to pay the Claimant Special Damages for the
pain and suffering that was causes as a result of the discrimination, harassment,
assault and retaliation due to protected activity as will be calculated and
determined by the Court.
(iv) Interest on (ii) and (iii) above at Court rates
(v) Costs; and
(vi) An Ordering directing the Respondent to reinstate the Claimant as an employee
or pay Claimant Severance Pay on account of the redundancy on a protracted
basis as will be calculated.