KANSAS CITY – Defendants in a sex discrimination and retaliation suit filed in Jackson County Circuit Court recently removed the action to U.S. District Court for the Western District of Missouri.
According to background information in the April 30 removal notice, Alyssa Sanders filed suit against her former employer, KC Bell Inc., which operates under the name of Taco Bell, and Delorean Blow and Natalie Johnston claiming violations of the Missouri Human Rights Act (MHRA).
Sanders' suit seeks compensatory damages of lost wages, emotional distress, punitive damages and attorneys’ fees. In addition, Sanders seeks an award of punitive damages.
"Punitive damages are recoverable for claims of discrimination and retaliation brought under the MHRA," the notice states. "Plaintiff has the burden to show that defendants’ conduct was 'outrageous because of its evil motive or reckless indifference to the rights of others.' If successful, however, the potential recovery on punitive damages could, by itself, exceed the jurisdictional requirement for diversity jurisdiction."
In making its argument for removal on the basis of diversity, KC Bell said it is a Kansas corporation with its principal place of business in Wichita, Kansas, and is a citizen of Kansas for diversity purposes, and not a citizen of Missouri.
The company further argues that there is complete diversity of citizenship between Sanders and KC Bell, the only "proper" defendant in the case because the MHRA does not provide for individual employee liability.
"KC Bell has proven by a preponderance of the evidence that the amount in controversy, inclusive of actual damages, punitive damages and attorneys’ fees, far exceeds $75,000," the notice states.
KC Belle is represented by Samantha J. Monsees, Gregory D. Ballew and Samantha J. Monsees of Fisher & Phillips LLP of Kansas City.