Kasama si Frank Miller sa mga sinampahan ng kaso ni Joanna Gallardo-Mills—o mas kilala ng mga Pinoy bilang si Dindi Gallardo—sa Supreme Court ng State of New York noong October 8, 2012.
Si Frank ang owner/president ng Frank Miller, Inc. and Empire City at siya ang employer ni Dindi.
Kinikilala sa Amerika at buong mundo ang husay ni Frank dahil siya ang creator/film producer ng graphic novels na Ronin, Daredevil, The Dark Knight Returns, Sin City, at 300.
Si Frank ang boyfriend ni Kimberly Cox, ang American actress na inireklamo ni Dindi ng “Racial Discrimination, Retaliation, and Negligent Infliction of Emotional Distress.”
Twenty days ang ibinigay na palugit kina Frank at Kimberly ng Manhattan Supreme Court para sagutin ang mga reklamo ng Filipina beauty queen-actress.
Lumabas kahapon, October 10, sa New York Post ang exclusive story nila tungkol sa lawsuit ni Dindi laban kay Kimberly. (CLICK HERE to read related story.)
Ngayong araw, October 11, headline na rin sa mga leading newspaper sa buong mundo ang kasong kinakaharap ng legendary American writer/film director at ng kanyang girlfriend.
DINDI’S SWORN AFFIDAVIT. Nakakuha ang PEP.ph (Philippine Entertainment Portal) ng kopya ng sworn affidavit ni Dindi na naka-file sa New York County Clerk at may index number na 157068/2012.
Narito ang nilalaman ng affidavit ni Dindi:
The action is brought to remedy discrimination based upon race, hostile work environment, and unlawful retaliation for opposing such practices in violation of the New York State Human Rights Law, New York Executive Law 296 (Executive Law) and the Administrative Code of the City of New York 8-107 (Administrative Code) and the tort of negligent infliction of emotional distress.
Defendants (Miller and Cox)’ actions were unlawful and Plaintiff (Gallardo) seeks injunctive relief; compensatory damages, including front and back pay; damages for emotional distress; punitive damages; attorney’s fees, costs and such other and further relief as the Court deems necessary and proper.
On or about November 17, 2008, Mrs. Gallardo-Mills was hired by Frank Miller Miller, Inc. and Empire City (FMI) as an Executive Coordinator. Her duties were to carry out the directions of Ms. Cox, who at the time was directing the day-to-day operations of FMI, and Mr. Miller.
Just prior to Mrs. Gallardo-Mills hiring, Mr. Miller had a Production Assistant of Asian descent by the name of Emily Cheung.
In December 2008, while at a social gathering to promote an FMI project, Ms. Cox express her disgust with Ms. Cheung to Mrs. Gallardo-Mills by referring to Ms. Cheung as an "ugly chink with a fake British accent.”
In early 2008, Ms. Cox was relieved of her day-to-day operational duties and began working exclusively in a creative and research support capacity for FMI at the recommendation of John Power, Business Manager for FMI.
On March 5, 2009, Mrs. Gallardo-Mills was promoted to the position of Executive Assistant to Mr. Miller and assumed responsibility for the daily operations of FMI, which included personal errands for Mr. Miller. Mrs. Gallardo-Mills was also responsible for managing and maintaining FMI’s collection of art.
FMI’s headquarters is located within a loft space that also serves as a personal residence shared by Mr. Miller and Ms. Cox. Due to construction within the office area of the loft space, Mrs. Gallardo-Mills was forced to perform her duties from a kitchen area within the otherwise personal area of the loft space.
Due to Ms. Cox’s personal relationship with Mr. Miller, Mrs. Gallardo-Mills was directed to assist and perform tasks for Ms. Cox as part of her employment with FMI.
On March 25, 2009, Mrs. Gallardo-Mills was assisting Ms. Cox in the scheduling of meetings for FMI when Ms. Cox, due to her discriminatory beliefs about Asian people, angrily yelled at her, "I can’t understand your funky accent. Speak fucking English."
Although born and raised in the Philippines, Mrs. Gallardo-Mills has lived in the United States for over twenty (20) years, is fully fluent in English, and has only spoken in English in her professional capacity with FMI.
While assisting Ms. Cox a few days later, on March 30, 2009, Ms. Cox again commanded Mrs. Gallardo-Mills to "speak fucking English."
On June 30, 2010 and July 26, 2010, when Mrs. Gallardo-Mills was assisting Ms. Cox, she again belittled Mrs. Gallardo-Mills by screaming "I can’t understand your accent. Speak in fucking English."
Throughout Mrs. Gallardo-Mills’s employment with FMI, Ms. Cox would often repeat this discriminatory and derogatory command whenever Mrs. Gallardo-Mills was assisting her.
Throughout her time assisting Mr. Miller and Ms. Cox as an employee of FMI, Mrs. Gallardo-Mills was subjected to Ms. Cox’s condescending and derogatory actions and was made to feel inferior because of her Filipino background by Ms. Cox.
In addition, Mrs. Gallardo-Mills was subjected to Ms. Cox’s destructive, threatening, and outrageous behavior that caused Mrs. Gallardo-Mills to fear her safety while working at FMI.
On July 27, 2010, during one of Ms. Cox’s erratic outbursts, Ms. Cox threw a cordless telephone and a chair at Mrs. Gallardo-Mills, barely missing her.
On July 27, 2010, Ms. Cox’s smeared human feces on the kitchen countertop of the loft space, which was Mrs. Gallardo-Mills work area.
In July 2011, Mrs. Gallardo-Mills arrived at FMI’s headquarters to find that her organizational file containing three years of documents for FMI had been removed by Ms. Cox and scattered across the fllor of the loft space.
In July 2011, Mrs. Cox, in a rage, destroyed a printer used by Mrs. Gallardo-Mills in the performance of her duties for FMI with a hammer.
On August 2011, Ms. Cox again threw a cordless telephone and began stabbing boxes containing FMI files with a knife in the presence of Mrs. Gallardo-Mills.
In September 2011, Ms. Cox left her underwear soiled with feces and her used menstrual pad on the kitchen countertop of the loft space, which was Mrs. Gallardo-Mills’s work area.
In September 2011, Ms. Cox stabbed a hat through its top with a knife and left it near Mrs. Gallardo-Mills’s work area.
In early March 2012, while Mrs. Gallardo-Mills was assisting Ms. Cox in the loft space, she again yelled at Mrs. Gallardo-Mills, "I can’t fucking understand you. Speak English."
Due to Ms. Cox’s continuing hostile behavior and discriminatory treatment, Mrs. Gallardo-Mills made a complaint, following her March 2012 outburst, to Mr. Miller and Mr. Power, via e-mail, about Ms. Cox’s behavior.
In order to remedy the situation, FMI and Mrs. Gallardo-Mills entered into an agreement where Mrs. Gallardo-Mills would work from her home four days a week and Ms. Cox would not be allowed in the loft space when Mrs. Gallardo-Mills worked in the loft space once a week. It was further agreed that if she was needed to come into the loft space at an unscheduled time, Mr. Miller would guarantee a non-threatening, non-hostile work environment.
Still, the hostility and discriminatory conduct persisted, as the agreement was not enforced. In April 2012, Mrs. Gallardo-Mills found that files, which she was obligated to maintain, were scattered across Mr. Miller’s office area.
On or about June 13, 2012, when Mrs. Gallardo-Mills was in the FMI loft space on her scheduled day there, Ms. Cox insulted Mrs. Gallardo-Mills, in retaliation for her complaint, by calling her an "ugly Asian."
When Mrs. Gallardo-Mills went to complain of Ms. Cox’s conduct, Mr. Miller refused to assist. Instead, Mrs. Gallardo-Mills made a verbal complaint to Mr. Power.
On June 28, 2012, Ms. Cox again engaged in discriminatory and hostile behavior compelling Mrs. Gallardo-Mills to leave the loft space in fear of her safety.
Mrs. Gallardo-Mills made a written complaint to Mr. Miller about Ms. Cox’s conduct on the same day.
On July 5, 2012, Mrs. Gallardo-Mills met with Mr. Miller and made a verbal complaint about Ms. Cox’s discriminatory conduct. Mr. Miller expressed his desire to remedy the problem and advised Mrs. Gallardo-Mills to contact Mr. Power about entering into an employment contract that addressed the problem.
During the subsequent discussions about an employment contract with Mr. Power, Mrs. Gallardo-Mills made verbal complaints to Mr. Power about Ms. Cox’s discriminatory conduct.
Throughout July and August 2012, Mrs. Gallardo-Mills tried to further negotiate her employment contract with FMI; however, FMI and its agents were evasive and did not fully cooperate in the negotiation.
On or about September 5, 2012, negotiations over Mrs. Gallardo-Mills employment contract ceased without a resolution and she remained an at-will employee of FMI.
Shortly thereafter, between September 7th and September 13th of 2012, Mrs. Gallardo-Mills noticed that her responsibilities as Executive Assistant were being cut. For example, contracts that were normally sent to her to copy and prepare for Mr. Miller’s signature and mailing were now being sent directly to Mr. Miller.
In addition, Mr. Miller refused to answer Mr. Gallardo-Mills’s e-mails and phone calls to FMI during this time period.
On Friday, September 14, 2012, Mrs. Gallardo-Mills took an approved day-off from work at FMI to attend a family event. That day, upon information and belief, FMI informed its storage facility that Mrs. Gallardo-Mills was no longer authorized to access FMI’s art collection, as she had been terminated.
That weekend, Mrs. Gallardo-Mills received notice from American Express that she had been removed as an authorized user of FMI’s company credit card.
When Mrs. Gallardo-Mills returned to FMI’s loft space on Monday, September 17, 2012, she found that her keys no longer worked. FMI has failed to provide documentation concerning Mrs. Gallardo-Mills’s employment status with FMI, or lack thereof, or reason for termination.