New NOT ORIGINAL DOCUMENT 03/08/2018 05:14:53 PM … · 2018. 3. 9. · Presiding Judge: HON. THOMAS DAWSON WINGATE (648243) Filed 18-CI-00242 Amy Feldman, Franklin Circuit Clerk

COMMONWEALTH OF KENTUCKYFRANKLIN CIRCUIT COURT

CASE NO. _

MICHAEL C. DONTA PLAINTIFF

vs. VERIFIED COMPLAINT

COMMONWEALTH OF KENTUCKYd/b/a KENTUCKY LABOR CABINET

Serve: Hon. Andy BeshearOffice of the Attorney General700 Capitol Avenue, Suite 118Frankfort, Kentucky 40601

DEFENDANT

*******

Comes the Plaintiff, Michael C. Donta ("Donta"), by counsel, and for his Verified

Complaint against the Defendant, Commonwealth of Kentucky, d/b/a Kentucky Labor Cabinet,

state as follows:

THE PARTIES

1. The Plaintiff, Michael C. Donta, is and was at all relevant times hereto, a resident

of Franklin County, Commonwealth of Kentucky.

2. Defendant, Commonwealth of Kentucky, d/b/a Kentucky Labor Cabinet, is the state

government and/or subdivision of the Commonwealth of Kentucky and employed and terminated

the Plaintiff during the times relevant hereto.

JURISDICTION & VENUE

3. This Court has original jurisdiction over this action pursuant to KRS 23A.0 1O.

4. Venue is proper in this Court pursuant to KRS 452.460(1).

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Filed 18-CI-00242 Amy Feldman, Franklin Circuit Clerk

Filed 18-CI-00242 03/08/2018 Amy Feldman, Franklin Circuit Clerk

NOT ORIGINAL DOCUMENT03/08/2018 05:14:53 PMCourthouseNews-1

FACTS

5. Plaintiff, Donta, was employed by the Defendant for over nine years. His position

at termination was Deputy Commissioner for the Kentucky Labor Cabinet, Department of

Workplace Standards ("The Department").

6. In mid-summer 2017, Commissioner Ervin Dimeny informed Plaintiff that Winston

Bennett was being hired as the new Director of the Division of Apprenticeship within the

Department of Workplace Standards.

7. Plaintiff being unfamiliar with Mr. Bennett, performed a limited internet and media

search about Mr. Bennett's background. Plaintiff learned in his search that Bennett was a self-

proclaimed "sex addict."

8. Later that afternoon, Commissioner Dimeny returned to the Plaintiff's office and

Plaintiff shared with the Commissioner what the limited search had found about Mr. Bennett's

sexual proclivities.

9. After Plaintiff raised the concerns. Commissioner Dimeny responded to Plaintiff

that it was "Not our problem. not our call."

1O. Plaintiff reiterated the concerns regarding hiring Mr. Bennett given the fact that the

Department was a small department of six employees with five being female employees.

11. Despite Plaintiff's concerns, three days later Bennett began working at the

Department of Workplace Standards, Division of Apprenticeship.

12. Around the same time as Bennett's hiring, three more women were hired by the

Defendant to work at the Department.

13. Almost immediately upon starting his tenure with the Department, Bennett began

commenting in the workplace about the appearance of the women working under his supervision,

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including comments about their hair, referencing how attractive they looked, and how good they

smelled.

14. Approximately two weeks after Bennett started working at the Department, Bennett

placed considerable pressure on one of his subordinates, Christina Columber, to conduct a prayer

during a team meeting in the Department, despite Columber's protests that being forced to conduct

a prayer out loud in front of others at the meeting. This incident was reported to Donta who

promptly reported it up the chain of command to the Commissioner.

15. Plaintiff observed and/or was informed about Bennett behaving inappropriately in

the workplace throughout his tenure, including but not limited to the following:

• On or about August 9,2017, during a Department of Juvenile Justice meeting in northern

Kentucky, Bennett invited one of his supervisory employees, Christina Columber, to take

get in his car and sit until the other parties ofthe meeting arrived even though Plaintiff had

driven her own car and had parked only 2 spots over from Mr. Bennett. While in his car,

he told Columber that "you look beautiful" making his supervised employee feel

uncomfortable.

• On or about August 14, 2017, during a meeting involving several department staff and

Bennett, the group was having an icebreaker session to get to know each other. During that

discussion, Bennett asked his subordinate employee, Christina Columber, why she wore a

ring if she was not married and commented that she needed a boyfriend because she

"looked too good to be alone."

• On or about October 4, 2017, during a meeting at Berry Hill Mansion, Plaintiff was present

when Bennett came up behind his subordinate, Christina Columber, and place his hand on

her shoulder. When Columber turned around, Bennett surprisingly kissed Columber

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without invitation. At the end of the meeting, Bennett kissed another subordinate employee

goodbye.

• During one meeting in Bennett's office with two subordinate female employees, Bennett

requested one of the women to return after the meeting broke up and told her that he "just

needed to hug her." The hug Bennett forced on the female employee was no brief affair as

Bennett clung to her for an extended period of time.

• Bennett repeatedly sent flirtatious emails and text messages to another subordinate,

Christina Columber, over one of her weekends off work, commenting on her appearance

and how attracted Bennett was to her.

16. On multiple occasions, Plaintiff asked women in the office if they felt the need to

file a formal complaint regarding Bennett's conduct and the female employees initially declined

to do so.

17. Eventually after Bennett's inappropriate conduct persisted, several female

employees of the Department made complaints to the Plaintiff, who then supported the female

employees' complaints and promptly reported the complaints up the chain of command to

Commissioner Dimeny.

18. The following week on or about October 12, 2017, Bennett's employment with the

Department was abruptly terminated.

19. Approximately two months later, on December 11, 2018, Plaintiff was

unceremoniously and abruptly terminated from his employment with the Department.

20. Following Bennett's termination, on or about December 20, 2017, Secretary

Ramsey and Commissioner Dimeny held a meeting with the Department's female employees in

which they apologized for not dealing with Bennett's inappropriate behavior sooner before things

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had gone too far. Both Ramsey and Dimeny commented that they had been previously aware of

issues with Bennett's workplace behavior.

COUNT IViolation of KRS 344.280

(Retaliation)

21. Plaintiff incorporates by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint.

22. During his employment with the Defendant, Plaintiff made report and supported

other employees' complaints regarding Bennett's sexually harassing and discriminatory conduct.

23. Both Secretary Ramsey and Commissioner Dimeny were aware of Plaintiff's

complaint and support of other employees' complaints.

24. As a result of Plaintiff's complaint and his support of other employees' complaints

about Bennett's behavior, the Defendant subjected him to adverse employment action by

terminating his employment.

25. As a direct and proximate result of the aforementioned conduct, Plaintiff suffered

great distress andlor embarrassment and/or humiliation andlor mental anguish andlor past and

future wage lossandlor medical expenses in an amount which exceeds the minimal jurisdictional

limits of this Court.

COUNT IIViolation of KRS 61.101, et seq.!

26. Plaintiff incorporates by reference, as if set forth fully herein, each and every

averment, allegation, or statement contained in the previous paragraphs of this Verified Complaint.

27. In addition to making the aforementioned complaints and support of other

employees' complaints, on or about November 15 Plaintiff also made a good faith report of an

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actual or suspected violation of law, and/or facts and information relative to mismanagement and

abuse of authority when he reported problems with the issuance of nursing apprenticeship

certifications for a nursing program at Norton's hospital which had not yet been approved by the

United States Department of Labor. An administrative staff person was directed to issue those

certificates on December 18 anyway.

28. Plaintiff was at all times relevant hereto an "employee" within the scope of the

definition of the term "employee" set forth in KRS 61.101 (1).

29. The Defendant was an "employer" within the scope of the definition of the term

"employer" set forth in KRS 61.101(2).

30. Because of Plaintiff's disclosures, he was subjected to retaliation and reprisal,

which culminated in him being terminated from his employment with the Defendant.

31. Plaintiff made the above-stated disclosure to the appropriate authorities.

32. The aforementioned conduct was committed in violation ofKRS 61.101, et. seq.

33. The aforementioned conduct of the Defendant was committed intentionally,

maliciously, wantonly, and/or with reckless indifference to the rights ofthe Plaintiff so as to permit

the imposition of punitive damages allowable under KRS 61.103.

34. As a direct and proximate result of the aforementioned conduct, Plaintiff has

suffered great and emotional distress and/or embarrassment and/or humiliation and/or mental

anguish andlor past and future wage loss and/or medical expense, all of which exceed the minimal

jurisdictional amount of this Court.

WHEREFORE, the Plaintiff demands judgment on his Complaint against the Defendant

in an amount sufficient to invoke the jurisdiction of this Court and, in addition, demand the

following:

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1. Judgment on his Complaint against the Defendants;

2. A trial by jury on all issues triable;

3. Compensatory damages;

4. Punitive damages to the full extent permitted by applicable law;

5. Permanent injunctive relief;

6. For his costs herein expended including a reasonable attorney's fees; and

7. Any and all other reliefto which Plaintiffs are properly entitled.

Respectfully Submitted,

Isl Thomas E. CIa"THOMAS E. CLAY. P.S.CA. PETE LAYCLAY DANIEL WALTON & ADAMS, PLC462 South Fourth AvenueMeidinger Tower, Suite 101Louisville, Kentucky 40202(502) [email protected]@justiceky.comCounsel for Plaintiff

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VERIFICATION

I, Michael C. Donta, state that I have read the foregoing Verified Complaint, and the

statements and allegations contained therein are='r:ll?1~MiC~Donta

COMMONWEALTH OF KENTUCKY )) ss:

COUNTY OF JEFFERSON )

SUBSCRIBED AND SWORN TO before me by Michael C. Donta this 1.~ day of'i"\t\~ 2018.

\;

My commission expires: Cl__ "'-,lt.=,::,--_~_~---,- _

DEBBIE S. LEI8E!Notary Public· Boyd Co.State at Large, Kentucky

1.0.#539579My Commission Expires Sept 06, 2019

Notary Public, State-a Large, Kentucky

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1. COMPLAINT / PETITION

Documents

New NOT ORIGINAL DOCUMENT 03/08/2018 05:14:53 PM … · 2018. 3. 9. · Presiding Judge: HON. THOMAS DAWSON WINGATE (648243) Filed 18-CI-00242 Amy Feldman, Franklin Circuit Clerk