SHERMAN - After a seven-month leave of absence, an African-American employee of J. C. Penney claims she contacted the human resources department to discuss her return to work and was told that store had eliminated her position.

She claims the company actively sought a reason to terminate her based on her race.

Kimberly Christensen filed a racial discrimination lawsuit against J.C. Penney Co., doing business as Texas JCP Company Inc., on Dec. 9 in the Sherman Division of the Eastern District of Texas.

According to the complaint, Christensen was hired in 2005 as an associate designer in the suit department. She claims that she received exemplary performance evaluations until early 2006 when JCP hired Susan Weinstock as vice president of design.

In 2006, at Christensen's request, Weinstock agreed to "try out" Christensen as a designer in knits. Christensen states that despite the increased workload and job responsibilities, she was not promoted to designer.

By 2008, with a new direct supervisor, Christensen received a poor performance evaluation that she claims falsely stated that she did not take necessary training courses and contained false sales numbers.

Christensen says she went to the human resources department and disputed the performance evaluation. According to the complaint, she was told that the situation was caused by poor communication and weekly meetings should be scheduled with her immediate supervisors.

In March, Christensen states that another African-American employee informed her that Weinstock was actively searching for negative personnel issues regarding Christensen. According to court records, that employee also received a poor performance review, the first one in 10 years.

Shortly thereafter, Christensen took a seven-month approved medical leave of absence. When she e-mailed the human resources department to discuss her intended return, she was informed that J.C. Penney had eliminated her position.

Christensen claims the defendant committed racial discrimination and then retaliated against her when she complained by putting her on a performance improvement plan.

The plaintiff alleges that "defendant's vice president of design, Susan Weinstock, repeatedly discriminated against African American employees by giving negative performance reviews."

The plaintiff is seeking compensatory and exemplary damages, costs of action, attorneys' fees and pre- and post-judgment interest.

Dallas attorneys Michael E. Coles, Dustin A. Paschal and Paul W. Simon of The Coles Firm PC are representing the plaintiff.

Jury trial is requested.

U.S. District Judge Richard Schell will preside over the litigation and has referred the case to Magistrate Judge Don D. Bush for pretrial proceedings.

Case No 4:09cv00604