State Secual Harassment and Related Actions

Form 5B-4: Complaint—State Law Sexual Harassment, Related Claims

IN THE UNITED STATES DISTRICT COURT

FOR THE ______DISTRICT OF ______

______DIVISION

Jane Doe, ) Plaintiff, ) ) Case No. v. ) ) JURY DEMAND JKLM, Inc. ) and JOHN DOE, ) Defendants. )

COMPLAINT AND JURY DEMAND Now comes Plaintiff, Jane Doe, by and through counsel, and for her Complaint against Defendants, states as follows: PARTIES AND JURISDICTION 1. At all times relevant hereto, Plaintiff, Jane Doe, has resided at ______, and has been a citizen of the state of ______and the United States of America, and is female. 2. At all times relevant hereto, the Defendant, JKLM Inc. (hereinafter “Defendant JKLM”), an Ohio Corporation licensed to do business in the (state of action) was and is an employer within the meaning of (state statute). 3. At all times relevant hereto, the Defendant, John Doe (hereinafter “Defendant Doe”), was an agent of Defendant JKLM. Further, Defendant Doe was and is a citizen of [state]. 4. The Plaintiff was employed by Defendant JKLM Management in ______County, (state of action) and the employment practices complained herein all occurred in (state of action). 5. The amount in controversy exceeds the minimum jurisdiction of the (name of court) Circuit Court. FACTS RELEVANT TO ALL CLAIMS 6. Plaintiff is female. 7. On or about [date], Defendant hired Plaintiff as a crew worker. 8. On or about [date], Defendant JKLM’s Assistant Manager, ______, forcibly sexually assaulted Plaintiff. 9. Specifically, ______, while on the premises of Defendant JKLM, attempted to rape Plaintiff, thereby performing a crime of violence against Plaintiff, as defined by 42 U.S.C.A. §13981(d)(2)(a). 10. While performing the crime of violence on the premises of Defendant JKLM, ______forcibly detained Plaintiff against her will, behind a locked door. 11. Plaintiff complained of ______’s actions to Defendant JKLM’s management. 12. Defendant JKLM fired ______and replaced ______with a new Assistant Manger, John Doe. 13. Defendant Doe continually subjected Plaintiff and other female employees of Defendant JKLM to harmful and offensive touching. Defendant Doe made comments of a sexual nature, including, but not limited to, referring to women as “sluts” and “whores” and asking women to engage in sexual relations with him. Additionally, Defendant Doe depicted acts of sexual conduct with various objects. 14. Plaintiff complained of Doe’s conduct to individuals in Defendant JKLM’s management, including but not limited to, ______and ______. 15. Following Plaintiff’s complaints to management, each Defendant engaged in a course of retaliatory conduct against Plaintiff, including giving Plaintiff unfavorable work assignments and duties, harassing Plaintiff regarding the filing of her sex harassment complaints, and significantly reducing Plaintiff’s hours in an attempt to force her to resign. 16. On [date], the harassing conduct became so severe that Plaintiff, emotionally distraught and overcome by the behavior, was admitted to the hospital. Due to harassing conduct, Plaintiff could not return to work. Thereby, Plaintiff was constructively discharged. COUNT I SEXUAL HARASSMENT 17. Plaintiff reiterates, realleges, and incorporates herein by reference each and every allegation contained in paragraphs 1-16 inclusive. 18. The actions of Defendants constitute sexual harassment against Plaintiff, in violation of (state statute). 19. As a direct and proximate result of Defendants’ actions described herein, Plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental anxiety, for all of which she should be compensated. COUNT II RETALIATION 20. Plaintiff reiterates, realleges, and incorporates herein by reference each and every allegation contained in paragraphs 1-19 inclusive. 21. Defendants intentionally, willfully, and wantonly retaliated against Plaintiff in response to her complaints of sexual harassment, in violation of (state statute). 22. As a direct and proximate result of the Defendant’s conduct described herein, Plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental anxiety, for all of which she should be compensated. COUNT III INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 23. Plaintiff reiterates, realleges, and incorporates herein by reference each and every allegation contained in paragraphs 1-22 inclusive. 24. Defendant Doe’s harassment, discrimination and retaliatory actions directed against Plaintiff were intentional and inflicted upon Plaintiff severe mental and emotional distress. 25. Defendant JKLM had knowledge of the actions described herein, and its sanctioning and involvement in the harassment, retaliatory actions, and hostile work environment directed against Plaintiff was intentional and inflicted upon Plaintiff severe mental and emotional distress. 26. In the alternative, Defendants’ actions constituted negligent infliction of emotional distress, and Plaintiff was hospitalized as a result of Defendants’ conduct. 27. As a direct and proximate result of the Defendant’s action described herein, Plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental anxiety, for all of which she should be compensated. COUNT IV CONSTRUCTIVE DISCHARGE 28. Plaintiff reiterates, realleges, and incorporates herein by reference each and every allegation contained in paragraphs 1-27. 29. Due to Defendants’ conduct as set forth above, Plaintiff was unable to return to the workplace, thereby Defendants constructively discharged Plaintiff in violation of K.R.S. §344 et. seq. 30. As a direct and proximate result of the Defendant’s conduct described herein, Plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental anxiety, for all of which she should be compensated. COUNT V VIOLENCE AGAINST WOMEN 31. Plaintiff reiterates, realleges, and incorporates herein by reference each and every allegation contained in paragraphs 1-30 inclusive. 32. During the course of Plaintiff’s employment, an agent of Defendant JKLM’s, while on the premises of JKLM, attempted to rape Plaintiff, thereby performing a crime of violence, as defined by 42 U.S.C.A. §13981(d)(2)(a), against Plaintiff. 33. Defendant JKLM is liable for the misconduct of its agent under the doctrine of respondeat superior. 34. As a direct and proximate result of the Defendant JKLM’s agent as described herein, Plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental anxiety, for all of which she should be compensated. COUNT VI FALSE IMPRISONMENT 35. Plaintiff reiterates, realleges, and incorporates herein by reference each and every allegation contained in paragraphs 1-34 inclusive. 36. During the course of her employment, Plaintiff was physically and forcibly restrained and detained on Defendant JKLM’s premises by an agent of Defendant JKLM. 37. Said detention was without probable cause or legitimate business justification, against Plaintiff’s will, unreasonable, and constituted an unlawful false imprisonment and restraint of Plaintiff’s liberty. 38. Defendant JKLM, is liable for the misconduct of its agents under the doctrine of respondeat superior. 39. As a direct and proximate result of Defendant JKLM’s agent as described herein, Plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental anxiety, for all of which she should be compensated. COUNT VII ASSAULT & BATTERY 40. Plaintiff reiterates, realleges, and incorporates herein by reference each and every allegation contained in paragraphs 1-39 inclusive. 41. During said detention of Plaintiff, an agent of Defendant JKLM, while conducting himself in a sexually inappropriate manner, came into physical contact with Plaintiff, causing Plaintiff to suffer shock. 42. Said contact was intentional, against Plaintiff’s will, without her consent and unwarranted by social usage and without business justification. 43. Further, the aforesaid unauthorized restraint and contact placed Plaintiff in a reasonable fear that Defendant JKLM’s agent would use additional physical force directed at Plaintiff, against her will and without her consent, in order to continue his detention and sexual acts. 44. The above constitutes unlawful assault and battery upon Plaintiff. 45. Defendant JKLM, is liable for the misconduct of its agents under the doctrine of respondeat superior. 46. As a direct and proximate result of the Defendant JKLM’s agents as described herein, Plaintiff has suffered from a loss of income and benefits, severe emotional distress and mental anxiety, for all of which she should be compensated. WHEREFORE, Plaintiff demands judgment against Defendants, JKLM Management, Inc. and John Doe, as follows: a. For all compensatory and punitive damages with respect to statutory and tort claims in an amount being just; b. For an award of reasonable costs and attorneys fees; and c. For any and all other equitable and legal relief to which Plaintiff appears entitled.