Arizona Attorney General

Mark Brnovich



State v. Dental Smile Spa Inc. et al.

October, 2011

This is a public enforcement action to correct (1) the unlawful practice of different treatment in the terms, conditions, and privileged of employment based on sex, including, but not limited to, sex-based hostile work environment and sexual harassment in the violation of the Arizona Civil Rights Act, A.R.S. § 41-1463 ("ACRA"), and (2) the unlawful practice of retaliating against employees for complaining about discrimination or participating in a Division investigation, in violation of ACRA, A.R.S. § 41-1464. This action seeks to provide appropriate relief to Tressa Sawyer ("Ms. Sawyer") and other similarly situated aggrieved females employed by Smile Spa, including Regina L. Jenkins ("Ms. Jenkins"), Krystal Grinde ("Ms. Grinde") and Tamara Bailey ("Ms. Bailey") (collectively "Aggrieved Parties"), who have been adversely affected by these practices. Plaintiff, the State of Arizona ex rel, Thomas C. Horne, the Attorney General, and the Civil Rights Division of the Arizona Department of Law (collectively the "State"), contends that Defendant Dental Smile Spa, Inc. dba Smile Spa ("Smile Spa") and Smile Spa's owner, President, officer and only dentist, Dr. Mickel Malek ("Dr. Malek"), (collectively the "Defendants") have discriminated against Aggrieved Parties because of their sex, female, by subjecting them to different terms and conditions of employment, including a hostile work environment, by failing to take prompt action intended to eliminate sex-based hostile work environment and sexual harassment, and by retaliating against Aggrieved Parties for complaining about, opposing harassment and participating in a Division investigation, all in violation of ACRA.