Molly English-Bowers Sep. 21, 2015, 1:03pm


A Texas woman is suing Whataburger, alleging wrongful termination from her job.

Rosemarie Burgos filed the lawsuit Sept. 11 in the Houston Division of the Southern District of Texas against Whataburger Restaurants.

According to the complaint, during her most recent employment with the defendant at a Whataburger in Houston, Burgos noticed unfair treatment given to another employee by the manager, both of whom are from Mexico. The suit says she complained to human resources, which told the manager to distribute work hours equally but the plaintiff says that didn't happen.

When the plaintiff told her manager she would take her complaint to the Equal Employment Opportunity Commission, she says the hostile treatment increased, ultimately resulting in her termination April 28.

The plaintiff, under Title VII of the Civil Rights Act of 1964, alleges retaliation and discrimination based on national origin, being subject to a hostile work environment, harassment and termination.

Burgos seeks reinstatement to her former job or a higher position based on her qualifications or an award of lost pay, back pay, benefits and any other relief necessary to make the plaintiff whole, compensatory and exemplary damages, interest, attorney fees, court costs, and other damages. She is represented by

attorney Ashok Basil of Houston.

Houston Division of the Southern District of Texas case number 4:15-cv-02637.

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