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Filed 19-CI-00109 03/21/2019 NOTCircuit

Charles Ira Patterson, Perry ORIGINAL DOCUMENT


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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

Presiding Judge: HON. ALISON C. WELLS (633348)


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


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SHARON LINDON.

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Filed 19-CI-00109 03/21/2019 NOTCircuit
Charles Ira Patterson, Perry ORIGINAL DOCUMENT
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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, 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

Presiding Judge: HON. ALISON C. WELLS (633348)


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 at 70 Morton Blvd., Hazard, Kentucky 41701.

6. The amount in controversy exceeds the jurisdictional requirements


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of this Court.

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Filed 19-CI-00109 03/21/2019 NOTCircuit
Charles Ira Patterson, Perry ORIGINAL DOCUMENT
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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

Presiding Judge: HON. ALISON C. WELLS (633348)


Common Bond Christian 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.


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15. The Plaintiff was also given a packet of papers by Lindon to be

completed and turned in. The packet contained 1 page of

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Filed 19-CI-00109 03/21/2019 NOTCircuit
Charles Ira Patterson, Perry ORIGINAL DOCUMENT
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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, including, but not

limited to, the following:

a) What is your church background?


b) Briefly explain your conversion experience.
c) Were you baptized as a child?
d) In one word, who is Jesus Christ to you?
e) What does the blood of Calvary mean to you?

Presiding Judge: HON. ALISON C. WELLS (633348)


f) Is repentance part of your Christian life?
g) What is your prayer life like?
h) Were you a planned child?
i) Were you conceived out of wedlock?
j) Have you personally ever had psychiatric counseling?
k) 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
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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?
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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

Presiding Judge: HON. ALISON C. WELLS (633348)


any close family member, belonged to any of the following:

a) Freemason
b) Shriner
c) Elk
d) Oddfellow
e) Mormon

20. 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. At first, the Plaintiff did not complete the form.

22. The Plaintiff was repeatedly questioned by Lindon as to when he

was going to have the form completed.


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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 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.

Presiding Judge: HON. ALISON C. WELLS (633348)


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
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embarrassed in front of guests and employees.

32. Other employees actually heard the guests talking about these

incidents.

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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.

Presiding Judge: HON. ALISON C. WELLS (633348)


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


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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.

Presiding Judge: HON. ALISON C. WELLS (633348)


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.


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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.


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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 employment because

Presiding Judge: HON. ALISON C. WELLS (633348)


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 in excess of the jurisdictional limits


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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

Presiding Judge: HON. ALISON C. WELLS (633348)


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 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


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Plaintiff for which he is entitled to recover punitive damages.

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COUNT IV
(TORT 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 se.

Presiding Judge: HON. ALISON C. WELLS (633348)


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 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.

Presiding Judge: HON. ALISON C. WELLS (633348)


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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