Plaintiff Heman A. Badilla ("Plaintiff') files this his Amended Original Complaint, and for
his causes of action against Defendant Bombardier Aerospace Corporation respectfully shows the
1. This Court has jurisdiction in this matter pursuant to the Notice of Removal filed by
2. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 (b) because a substantial
part of the events giving rise to the claim occurred within this judicial district and the Defendant
II. PARTIES
- Delaware corporation, -duly authorized to transact business in the State of Texas. Defendant ~___ _
III. FACTS
Bombardier in the spring of 1997 to work as one of its first employees in the aircraft maintenance
department. At the time Mr. Badilla was hired, the maintenance department was small, and each of
the employees was required to perform all of the necessary maintenance functions for each of the
6. Mr. Badilla was proficient at performing all maintenance functions for all Bombardier
aircraft. Because of his skill, he was quickly promoted to the position of Administrator of the
Maintenance Department for the fleet of Challenger aircraft. Although responsible for the Challenger
fleet, Mr. Badilla continued to perform maintenance services on the other two types of aircraft
operated by Bombardier. Mr. Badilla reported to Bill Bauer, who reported to Director Gary Clayson.
7. In the fall of 1997, Mr. Badilla was promoted again, this time to the position of
Assistant Manager, Maintenance Control over the Challenger fleet. Each Assistant Manager was
assigned a shift and was required to work on all fleets, regardless of whether the aircraft were
8. Bob Beaumont replaced Gary Clayson as the new Director in the spring of 1998. In
the late spring 1998, Mr. Beaumont decided to eliminate the Assistant Manager position. As a result,
Mr. Badilla was made the Supervisor of the Maintenance Planning group, which handled the
9. A short time later, a manager position in the Maintenance Control area was created.
Instead of posting the Job opening, which was the existing company pclicy-fm vacancies-in-all
positions below the Director level, Bombardier simply awarded the position to another without
soliciting applications. The person selected for the position, Dennis Foote, was a white male who
was younger than Mr. Badilla and who had not previously been employed by Bombardier. After this
10. In September 2000, another white employee in his twenties, Scott Shatzer, was
awarded the position of Manager of the Maintenance Planning group. Bombardier did not offer to
let Mr. Badilla interview for this job opening, either. Neither Mr. Foote nor Mr. Shatzer had
experience as an Assistant Manager, as Mr. Badilla did, and both had less seniority than Mr. Badilla.
11. Shortly after Mr. Shatzer became Manager of the Maintenance Planning group, he
demoted Mr. Badilla from Supervisor ofthe Maintenance Planning Group to a maintenance planner,
with no supervisory responsibilities. At the same time, Mr. Shatzer demoted another older Hispanic
12. Shortly thereafter, Mr. Shatzer gave Mr. Badilla a negative performance review. Even
though he had only been in his position for a few months, upon information and belief, Mr. Shatzer
prepared a performance review without input from Mr. Badilla's previous superiors. When pressed
about the negative performance appraisal, Mr. Shatzer could not give Mr. Badilla any concrete
13. In the fall of 200 I, at an employee meeting, Mr. Shatzer pressured Mr. Badilla and
others to work overtime without being paid. Mr. Shatzer informed the employees that company
changes were coming, that the employees that would be retained after the changes were those who
were "exemplary," and that the company had projects to be worked on but no overtime funds
budgeted. Mr. Shatzer clearly imJ21iecl that tbQse em-pIQyees who workedovertimeior free would be
the employees he considered "exemplary." Despite Mr. Shatzer's veiled threat, Mr. Badilla refused
14. Bombardier terminated Mr. Badilla as part of a reduction in the workforce that took
place on October 4, 200 1. At the time of his termination from Bombardier, Mr. Badilla had been
employed by the company for nearly four and a half years. Mr. Badilla was replaced by a non-
Hispanic male from another department. At the same time, two younger, white employees were
15. While he was the Supervisor of the Maintenance Planning Group, Mr. Badilla hired
three people. One was a woman, who at the time of the reduction in force, had been performing
poorly for some time. Nevertheless, she was given the opportunity to move to the invoicing
department. Mr. Badilla was given no such opportunity, even though he had performed invoicing
services for three years for Bombardier. The other two individuals are white, in their twenties, and
were trained by Mr. Badilla. Despite Mr. Badilla's superior skill set and seniority with the Company,
these two men were not selected for the reduction in force and Mr. Badilla was.
IV. CLAIMS
16. Paragraphs 1-15 are included in each of the following assertions, as if the paragraphs
17. Defendant is an employer and Plaintiff is an employee within the meaning of the
Texas Commission on Human Rights Act, TEX. LABOR CODE, §21.001 et. seq. ("TCHRA").
18. Plaintiff filed a Charge of Discrimination with the Equal Employment Opportunity
Commission, acting on behalf of the Texas Commission on Human Rights, on or about January 7,
2002, which is within 180 days of the occurrence of the acts about which he complains.
19. On or about February 7, 2002, the Texas Commission on Human Rights issued to
Plaintiffhis Notice of Right to File a Civil Action. Plaintiff has filed this Petition within 60 days of
receipt ofthat Notice. Accordingly, all conditions precedent to Plaintiffs entitlement to relief have
occurred.
20. Defendant's actions as described above constitute unlawful race and!or national origin
discrimination in violation of the TCHRA. Plaintiff has been damaged in excess of the minimum
jurisdictional limits of this Court as a result of Defendant's conduct, and is entitled to all legal and
21. Plaintiff incorporates by reference the allegations set forth in paragraphs 17-19 above.
Thus, all conditions precedent to this cause of action have occurred or have been performed.
22. Defendant's actions as described above constitute unlawful age discrimination under
the TCHRA.
23. As a result of Defendant's conduct, Plaintiff has been damaged in excess of the
minimUnl jurisdictional limits of this Court and is entitled to alllegaLand equitable relief authorized
by the TCHRA.
C. ATTORNEYS FEES
24. Because of Defendant's wrongful conduct as detailed herein, it has been necessary
for Plaintiff to engage the services of the undersigned attorney. Plaintiffhas incurred reasonable and
necessary attorneys' fees related to his pursuit of these. Pursuant to the relief authorized by the
statutes under which he sues, Plaintiff is entitled to recover his reasonable and necessary attorneys'
D. JURY DEMAND
WHEREFORE, Plaintiff Hernan A. Badilla prays that the Court order upon final trial that
he recover judgment from Defendant of all amounts due, that he recover actual and exemplary
postjudgment interest as allowed by law, that he recover his costs of this action, including reasonable
attorneys' fees, that the Court award him any and all equitable relief allowable, and that he be
awarded such other and further relief to which he may be justly entitled.
Respectfully submitted,
--=iiilP~
State Bar No. 09348050
100 Crescent Court, Suite 700
Dallas, Texas 75201
(214) 459-5029 - telephone
(214) 459-6601 - facsimile
CERTIFICATE OF SERVICE
I hereby certify that on this 11 taay of June, 2003, I served a true and correct copy ofthe
foregoing pleading on counsel of record for Defendant Bombardier Aerospace Corporation, Bryan
C. Collins, Jackson Walker L.L.P., 901 Main Street, Suite 6000, Dallas, Texas 75202, via first class,
United States mail.