COMMONWEALTH OF KENTUCKY PERRY CIRCUIT COURT CIVIL ACTION NO. _________________
JASON FIELDS
PLAINTIFF
VS. HAMPTON INN & SUITES; EMPLOYEE RESOURCE GROUP, LLC; And SHARON LINDON
DEFENDANTS
Serve: Employee Resource Group, LLC Registered Agent, Aroma Bates 601 Main Street Suite 102 Hazard, Kentucky 41701 Serve: Sharon Lindon Hampton Inn & Suites 70 Morton Blvd Hazard, Kentucky 41701 Serve: Hampton Inn & Suites c/o Sharon Lindon 70 Morton Blvd Hazard, Kentucky 41701
COMPLAINT
The Plaintiff, JASON FIELDS (hereinafter “Plaintiff” or “Jason”), via counsel, submits the following as his Complaint against the Defendants, HAMPTON INN & SUITES, EMPLOYEE RESOURCE GROUP, LLC, and SHARON LINDON.
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JURISDICTION AND VENUE 1.
The Plaintiff, Jason Fields, at all relevant times herein, was a resident of Leslie County. His mailing address was and is 982 Granny Fork Road, Smilax, Smilax, Kentucky 41764.
2.
The Defendant, Hampton Inn & Suites, is located at 70 Morton Blvd., Hazard, Kentucky
41701.
It may be served through its
Manager, Sharon Lindon, located at 70 Morton Blvd., Hazard, Kentucky 41701. 3.
The Defendant, Employee Resource Group, LLC, is a Kentucky corporation, with a principal office located at 601 Main Street, Suite 102, Hazard, Kentucky 41701. It may be served through its registered agent, Aroma Bates, located at 601 Main Street, Suite 102, Hazard, Kentucky 41701.
4.
The Defendant, Employee Resource Group, LLC, was the entity listed on the pay checks of the employees of Hampton Inn & Suites.
5.
The Defendant, Sharon Lindon, is the manager of Hampton Inn & Suites located at 70 Morton Blvd., Hazard, Kentucky 41701. She may be served served at 70 Morton Blvd., Blvd., Hazard, Kentucky 41701.
6.
The amount in controversy exceeds the jurisdictional requirements of this Court.
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FACTS COMMON TO ALL COUNTS 7.
The Plaintiff began to work for the Hampton Inn in or around June 2016.
8.
The Plaintiff was hired in the position of front desk employee on second shift.
9.
Second shift hours were approximately 3:00 p.m. through 11:00 p.m.
10.
When the Plaintiff was hired, the manager, Defendant Sharon Lindon (“Lindon”), discovered that the Plaintiff was going through a divorce.
11.
Lindon informed the Plaintiff that she was a member of the Common Bond Christian Fellowship Fellowship Ministries. The church met at the Worship & Warfare Center at 229 Lovern Street, Hazard, Kentucky 41702.
12.
Lindon told the Plaintiff that the reason for his marital problems was that he had demons.
13.
Lindon told the Plaintiff that if he were going to work for her he had to be cleansed.
14.
Lindon told the Plaintiff she had been cleansed three or four times and it was similar to an exorcism.
15.
The Plaintiff was also given a packet of papers by Lindon to be completed and turned in. The packet contained 1 page page of
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instructions, 2 pages containing a release and indemnity agreement, and 9 pages of questions. 16.
The packet was printed on red construction paper and contained many personal questions which would be irrelevant to his employment status.
17.
The form given to the Plaintiff, which Lindon demanded that he complete, contained a number of questions, q uestions, including, but not limited to, the following: a) b) c) d) e) f) g) h) i) j) k)
What is your church background? Briefly explain your conversion experience. Were you baptized as a child? In one word, who is Jesus Christ to you? What does the blood of Calvary mean to you? Is repentance part of your Christian life? What is your prayer life like? Were you a planned child? Were you conceived out of wedlock? Have you personally ever had psychiatric counseling? Have you, your parents or grandparents been in any cults? l) Have you ever made a pact with the devil? m) Have you ever been involved in Eastern religion? n) Have you ever visited heathen temples? o) Do you have any witches, such as “good luck kitchen witches,” in your home? p) Do you have lustful thoughts? q) To your knowledge, was their evidence of lust in your family line? r) Do you frequently masturbate? s) Have you ever been a victim of incest by a family member? t) Have you ever committed incest, rape or molested anyone? u) Have you ever committed fornication, adultery, been with prostitutes, had homosexual or lesbian desires or experience? v) Have you ever sexually fantasized about an animal? w) Have you been in involved in oral or anal sex? 4
x) Have you fathered a child that has been aborted? y) Has pornography ever attracted you? z) Do you have desires of having sex with a child? 18.
Under the question “Have you, your parents or grandparents been in any cults?”, the following items, with many others, were listed to be circled: a) Christian Science b) Jehovah’s Witness c) Unification Church d) Children of Love e) Buddhism f) Native religions g) Mormons h) Islam
19.
Questions were also listed to be answered as to whether Jason, or any close family member, belonged to any an y of the following: a) b) c) d) e)
20.
Freemason Shriner Elk Oddfellow Mormon
The Plaintiff was told once he had completed the questionnaire, he would need to meet Lindon at the church and have a cleansing performed.
21. 22.
At first, the Plaintiff did not complete the form. The Plaintiff was repeatedly questioned by Lindon as to when he was going to have the form f orm completed.
23.
The Plaintiff, under pressure from Lindon and the desire to keep his job, finally completed the form.
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24.
The Plaintiff refused to turn the form over to Lindon due to the extremely personal nature of the questions that he had, under duress, answered.
25.
The Plaintiff has the form and will produce it.
26.
The Plaintiff refused to participate in any exorcism.
27.
After the Plaintiff refused to complete the form, and then after he completed it, but refused to give it to Lindon, and then refused to participate in a cleansing, (1) his shift sh ift was changed, (2) his job duties changed, (3) he was not allowed to take his days off, (4) he was threatened daily concerning the loss of his job, and (5) he did not receive a raise.
28.
The Plaintiff was moved from second shift to third shift, with the new hours being approximately 11:00 p.m. through 7:00 a.m.
29.
While employed, on at least three separate occasions, Lindon brought individuals from her ministry, Common Bond Christian Fellowship Ministries, to the Hampton Inn lobby to have prayer for the Plaintiff.
30.
The Plaintiff was told to go into the lobby for the prayers for him and this occurred in front of guests.
31.
The Plaintiff was not a willing participant in this activity and was embarrassed in front of guests and employees.
32.
Other employees actually heard the guests talking about these incidents. 6
33.
The Plaintiff was under the impression that either Marty or Teresa Johnson were involved somehow in the ownership of Hampton Inn & Suites.
34.
The Plaintiff was under the impression that they were located in Lexington, Kentucky.
35.
The Plaintiff indicated that he wanted to talk to them to report the ongoing issues at work.
36.
The Plaintiff was told that he was not allowed to contact either of the Johnsons and that he would be immediately fired if he did so.
37.
Because of the continuing harassment and discrimination, the Plaintiff had to leave his job. CAUSES OF ACTION COUNT I (RELIGIOUS DISCRIMINATION)
38.
Paragraphs 1 through 37 of the Complaint are incorporated by reference in this count as if set out in full.
39.
The conduct of the Defendants constitute intentional and unlawful discrimination against the Plaintiff on the basis of religion in direct violation of KRS Chapter 344 with respect to terms, conditions and privileges of his employment.
40.
The discrimination against the Plaintiff occurred because he did not share the same religious beliefs of his manager, Sharon Lindon.
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41.
Religious discrimination claims brought by an employee who does not share the same religious beliefs of his employer have been recognized under case law. See, e.g., Shapolia v. Los Alamos National Laboratory , 992 F.2d 1033 (10th Cir. 1993); Noyes v. Kelly Services , 488 F.3d 1163 (9th Cir. 2007); Blalock v. Metals Trades, Inc ., ., 775 F.2d 703 (6th Cir. 1985).
42.
As a proximate result of the discriminatory conduct, Jason has been deprived and continues to be deprived of past and future wages, and other terms, conditions and privileges of employment because of his religion in violation of KRS Chapter 344, which he would otherwise have enjoyed absent the discrimination.
43.
As a further proximate result of the discriminatory conduct and omissions, the Plaintiff has suffered, and continues to suffer, humiliation and embarrassment.
44.
As a direct and proximate result of the conduct and omissions, Jason is entitled to recover his actual damages sustained as a result, including compensatory damages and damages for humiliation and embarrassment, in an amount in excess of the jurisdictional limits of this court, as well as a reasonable amount for her attorneys’ fees. COUNT II (RELIGIOUS HOSTILE WORK ENVIRONMENT )
45.
Paragraphs 1 through 44 of the Complaint are incorporated by reference in this count as if set out in full. 8
46.
The conduct of the Defendants constitutes intentional and unlawful harassment against the Plaintiff on the basis of religion in direct violation of KRS Chapter 344 with respect to terms, conditions and privileges of his employment.
47.
The Plaintiff was (1) subjected to unwelcome harassment, (2) the harassment was based on the Plaintiff’s failure to share the same religious beliefs as his employer, and (3) the harassment created a hostile work environment.
48.
As a proximate result of the harassing conduct, Jason has been deprived and continues to be deprived of past and future wages, and other terms, conditions and privileges of em ployment because of his religion in violation of KRS Chapter 344, which he would otherwise have enjoyed absent the discrimination.
49.
As a further proximate result of the harassing conduct, the Plaintiff has suffered, and continues to suffer, humiliation and embarrassment.
50.
As a direct and proximate result of the harassment, Jason is entitled to recover his actual damages sustained as a result, including compensatory damages and damages for humiliation and embarrassment, in an amount am ount in excess of the jurisdictional limits of this court, as well as a reasonable amount for his attorneys’ fees.
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COUNT III (CONSTRUCTIVE DISCHARGE ) 51.
Paragraphs 1 through 50 of the Complaint are incorporated by reference in this count as if set out in full.
52.
The Defendants, through their conduct, deliberately created intolerable working conditions.
53.
The working conditions were perceived by the Plaintiff, as well as his co-workers, standing in the position of reasonable persons, as intolerable.
54.
Lindon made it clear to the Plaintiff that absent his adherence to her religious beliefs, specifically completing the packet of questions and consenting to a cleansing, he would not be allowed to work at the Hampton Inn.
55.
Due to the intolerable working conditions, Plaintiff was forced to quit his job.
56.
As a direct and proximate result of the outrageous acts and omissions, the Plaintiff suffered and continues to suffer damages for humiliation and embarrassment for all a ll of which he is entitled to recover compensatory damages.
57.
Said outrageous acts were further committed with malice, oppression and/or willful and wanton disregard of the rights of the Plaintiff for which he is entitled to recover punitive damages.
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COUNT IV (T ORT ORT OF OUTRAGE) 58.
Paragraphs 1 through 57 of the Complaint are incorporated by reference in this count as if set out in full.
59.
The Defendants’ conduct as set forth herein, is outrageous and beyond the bounds of conduct acceptable in civilized society, and constitutes outrageous conduct and/or intentional infliction of emotional distress under Kentucky law.
60.
The Defendants’ conduct, as described above, is a deviation from all reasonable bounds of decency, as a matter of law and public policy, and is, therefore, both outrageous and extreme per extreme per se .
61.
Such outrageous and extreme acts by the Defendants were committed intentionally and/or recklessly, so as to cause severe emotional and physical distress to the Plaintiff.
62.
As a direct and proximate result of the outrageous acts and omissions, the Plaintiff suffered and continues to suffer damages for humiliation and embarrassment for all a ll of which he is entitled to recover compensatory damages.
63.
Said outrageous acts were further committed with malice, oppression and/or willful and wanton disregard of the rights of the Plaintiff for which he is entitled to recover punitive damages.
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RELIEF WHEREFORE, the Plaintiff demands judgment as follows: 1.
Trial by Jury;
2.
Judgment against the Defendants for his actual damages, with interest thereon at the legal rate;
3.
Judgment against the Defendants for general and compensatory damages, with interest thereon;
4.
Judgment against the Defendants for punitive damages;
5.
An award of his costs and reasonable attorney’s fees herein, and;
6.
For any and all further relief to which Plaintiff may appear to be entitled. By:
Cheryl U. Lewis Cheryl U. Lewis Attorney at Law P.O. Box 1927 Hyden, Kentucky 41749 Telephone: (606) 672-4200 Facsimile: (606) 672-4100 ATTORNEY FOR THE PLAINTIFF, JASON FIELDS
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