Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 1 of 11. PageID #: 1
`
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF OHIO
`WESTERN DIVISION
`
`
`*
`
`*
`
`*
`
`Plaintiff,
`
`*
`JOETTA KYNARD
`3738 North Beverly Hills Drive
`Toledo, Ohio 43614
`
`
`
`
`vs.
`
`PROMEDICA HEALTH SYSTEM, INC.
`aka and/or dba PROMEDICA FLOWER
`HOSPITAL
`5200 Harroun Rd
`Sylvania, Ohio 43560
`
`
`
`
`
`
`
`Defendant.
`
`*
`
`*
`
`*
`
`*
`
`Case No.:
`
`Judge:
`
`COMPLAINT; JURY DEMAND
`ENDORSED HEREON
`
`Francis J. Landry (0006072)
`Katherine A. Macek (0086885)
`WASSERMAN, BRYAN, LANDRY &
`
`HONOLD, LLP
`1090 W. South Boundary St., Suite 500
`Perrysburg, Ohio 43551
`Telephone: (419) 243-1239
`Facsimile: (419) 243-2719
`Email: FLandry308@aol.com
` kpawlak@wblhlaw.com
`Attorney for Plaintiff, Joetta Kynard
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`
`
`JURISDICTION
`
`1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Section 1331, 1337, 1343, 2201 and
`
`2202. This is an action for a violation of 42 U.S.C. Sections 12101 et seq., known as the Americans
`
`with Disabilities Act. This action, in part, is one for money damages, reinstatement, and liquidated
`
`damages resulting from an alleged unlawful termination of employment in violation of the
`
`Americans with Disabilities Act. Plaintiff also brings claims pursuant to Title VII of the Civil
`
`
`
`1
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 2 of 11. PageID #: 2
`
`Rights Act of 1964 as amended and as amended by the Civil Rights Act of 1991, 42 U.S.C.
`
`Sections 2000e et seq. for racial and gender based discrimination. On July 17, 2021, Plaintiff filed
`
`a charge of discrimination with the Ohio Civil Rights Commission and Equal Employment
`
`Opportunity Commission on the basis of inter alia, disability, race and gender, charge number
`
`22A-2021-02365c, attached hereto as Exhibit A and incorporated by reference herein. On October
`
`27, 2021 the district director of the EEOC notified Plaintiff of her right to file suit within ninety
`
`days in an appropriate federal district court, attached hereto as Exhibit B. On October 21, 2021 the
`
`Toledo Regional Director of the OCRC notified Plaintiff of her right to file suit court, attached
`
`hereto as Exhibit C. This Court’s supplemental jurisdiction is also invoked over state law claims.
`
`PARTIES
`
`2.
`
`Plaintiff, Joetta Kynard (“Plaintiff”), is a resident of the City of Toledo, County of Lucas,
`
`State of Ohio, who was employed by Promedica Flower Hospital., most recently as a Chaplain. At
`
`all times material hereto, Plaintiff was an employee of an employer within the meaning of the Civil
`
`Rights Act, ADAAA, and the Ohio Civil Rights Act, in that Plaintiff was employed by an employer
`
`with more than twenty-five (25) employees.
`
`3.
`
`Defendant, Promedica Flower Hospital., (“Defendant” or “Promedica”), is an Ohio
`
`corporation with a location in Sylvania, Ohio. Defendant is an employer within the meaning of the
`
`Civil Rights Act, ADAAA, and the Ohio Civil Rights Act, in that it employs more than twenty-
`
`five (25) employees.
`
`FACTS
`
`4.
`
`Plaintiff was employed by Defendant from May of 2018 until her termination April 6,
`
`2021. Plaintiff began her employment as a per diem Chaplain until she was awarded a full time
`
`Chaplain position in September of 2019.
`
`
`
`2
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 3 of 11. PageID #: 3
`
`5.
`
`6.
`
`Throughout her employment, Plaintiff performed her job well.
`
`Due to a family tragedy Plaintiff took a personal leave of absence from September 4, 2019
`
`until January 5, 2020.
`
`7.
`
`When Plaintiff returned from her leave of absence she was closely monitored, scrutinized,
`
`forced to work extra hours, and issues pertaining to her leave were disclosed to staff members
`
`without Plaintiff’s prior knowledge or permission.
`
`8.
`
`Plaintiff needed a second leave of absence beginning July 6, 2020, with an initial return to
`
`work date of October 2020. However, Plaintiff was not able to return to work on her initial return
`
`to work date.
`
`9.
`
`Plaintiff was thereafter terminated on April 6, 2021.
`
`FIRST CLAIM FOR RELIEF
`Disability Discrimination, Ohio Revised Code Section 4112.02
`
`Plaintiff incorporates each and every allegation contained in paragraphs one (1) through
`
`10.
`
`nine (9) of this Complaint, supra, by reference in its entirety as if fully restated herein.
`
`11.
`
`Plaintiff states that she is a disabled individual within the meaning of Ohio Revised Code
`
`Section 4112.02(a)(13). Alternatively, Plaintiff was disabled on the basis of her record of medical
`
`impairments and because she was perceived by defendant as being disabled. Although disabled,
`
`Plaintiff is able to safely and substantially perform the essential functions of her job with or without
`
`an accommodation. Plaintiff was well qualified for her position, and performed her job well.
`
`12.
`
`Plaintiff states that she suffers from a serious health condition, including abnormal grief
`
`and post traumatic stress disorder. These disabling conditions severely impacted her daily life
`
`functions including but not limited to concentrating, interacting with others, and thinking.
`
`
`
`3
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 4 of 11. PageID #: 4
`
`13.
`
`Defendant was aware of Plaintiff’s disabling conditions, as she requested a leave of
`
`absence due to her disabilities. Plaintiff requested a reasonable accommodation of half days of
`
`work, but her request was denied.
`
`14.
`
`On April 1, 2021, Plaintiff was terminated. Plaintiff was allegedly terminated for
`
`exhausting her leave of absence time. Said reason is false and pretextual, as Plaintiff was issued a
`
`return to work date, and would have been able to return to work earlier if Defendant would have
`
`accommodated her reasonable request of working half days.
`
`15.
`
`Employees who were not disabled retained their positions. Upon information and belief,
`
`Plaintiff’s position was filled after her termination.
`
`16.
`
`Plaintiff states Defendant’s actions violated Plaintiff’s rights under Section 4112.02(A)
`
`made actionable pursuant to Ohio Revised Code Section 4112.99 as amended on the basis of
`
`disability.
`
`17.
`
`As a proximate result of the actions of Defendant complained of herein, Plaintiff has
`
`suffered personal and financial damage, harassment, and great mental and emotional stress,
`
`anxiety, humiliation and embarrassment. Plaintiff has also been forced to expend court costs and
`
`attorney’s fees.
`
`SECOND CLAIM FOR RELIEF
`Disability Discrimination
`
`Plaintiff incorporates each and every allegation contained in paragraphs one (1) through
`
`18.
`
`seventeen (17) of this Complaint, supra, by reference in its entirety as if fully restated herein.
`
`19.
`
`Plaintiff states that she is a disabled individual within the meaning of the ADAAA.
`
`Alternatively, Plaintiff was disabled on the basis of her record of medical impairments and because
`
`she was perceived by defendant as being disabled. Although disabled, Plaintiff is able to safely
`
`
`
`4
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 5 of 11. PageID #: 5
`
`and substantially perform the essential functions of her job with or without an accommodation.
`
`Plaintiff was well qualified for her position, and performed her job well.
`
`20.
`
`Plaintiff states that she suffers from a serious health condition, including abnormal grief
`
`and post traumatic stress disorder. These disabling conditions severely impacted her daily life
`
`functions including but not limited to concentrating, interacting with others, and thinking.
`
`21.
`
`Defendant was aware of Plaintiff’s disabling conditions, as she requested a leave of
`
`absence due to her disabilities. Plaintiff requested a reasonable accommodation of half days of
`
`work, but her request was denied.
`
`22.
`
`On April 1, 2021, Plaintiff was terminated. Plaintiff was allegedly terminated for
`
`exhausting her leave of absence time. Said reason is false and pretextual, as Plaintiff was issued a
`
`return to work date, and would have been able to return to work earlier if Defendant would have
`
`accommodated her reasonable request of working half days.
`
`23.
`
`Employees who were not disabled retained their positions. Upon information and belief,
`
`Plaintiff’s position was filled after her termination.
`
`24.
`
`Plaintiff states Defendant’s actions violated Plaintiff’s rights under the Americans with
`
`Disabilities Act as Amended.
`
`25.
`
`As a proximate result of the actions of Defendant complained of herein, Plaintiff has
`
`suffered personal and financial damage, harassment, and great mental and emotional stress,
`
`anxiety, humiliation and embarrassment. Plaintiff has also been forced to expend court costs and
`
`attorney’s fees.
`
`THIRD CLAIM FOR RELIEF
`Title VII of the Civil Rights Act of 1964, Racial Discrimination
`Plaintiff incorporates each and every allegation contained in paragraphs one (1) through
`
`26.
`
`twenty-five (25) of this Complaint, supra, by reference in its entirety as if fully restated herein.
`
`
`
`5
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 6 of 11. PageID #: 6
`
`27.
`
`Plaintiff is an African American individual. Plaintiff was well qualified for her position,
`
`and performed her job well. On April 1, 2021, Plaintiff was terminated. Plaintiff was allegedly
`
`terminated for exhausting her leave of absence time. Said reason is false and pretextual, as Plaintiff
`
`was issued a return to work date, and would have been able to return to work earlier if Defendant
`
`would have accommodated her reasonable request of working half days.
`
`28.
`
`Plaintiff stated that she was treated less favorably than Caucasian employees who were
`
`similarly situated, as they were not required to work per diem hours on call when pursuing their
`
`CPE training, but Plaintiff was required to do so.
`
`29.
`
`Plaintiff states that similarly situated Caucasian employees were more favorably treated.
`
`Furthermore, Caucasian employees were not terminated for the same issue as Plaintiff was
`
`terminated. . In terminating Plaintiff, Defendant has intentionally discriminated against her on the
`
`basis of her race in violation of Title VII of the Civil Rights Act of 1964 as amended and as
`
`amended by the Civil Rights Act of 1991, 42 U.S.C. Sections 2000e et seq.
`
`30.
`
`As a proximate result of the actions of Defendant as complained of herein, Plaintiff has
`
`suffered the loss of her job position, back wages, seniority, fringe benefits and pension benefits,
`
`diminished earning capacity and great mental and emotional stress, anxiety, humiliation and
`
`embarrassment all to her damage. Plaintiff has also been forced to expend litigation expenses and
`
`attorney’s fees.
`
`FOURTH CLAIM FOR RELIEF
`Ohio Revised Code Section 4112.02, Racial Discrimination
`Plaintiff incorporates each and every allegation contained in paragraphs one (1) through
`
`31.
`
`thirty (30) of this Complaint, supra, by reference in its entirety as if fully restated herein.
`
`32.
`
` Plaintiff is an African American individual. Plaintiff was well qualified for her position,
`
`and performed her job well. On April 1, 2021, Plaintiff was terminated. Plaintiff was allegedly
`
`
`
`6
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 7 of 11. PageID #: 7
`
`terminated for exhausting her leave of absence time. Said reason is false and pretextual, as Plaintiff
`
`was issued a return to work date, and would have been able to return to work earlier if Defendant
`
`would have accommodated her reasonable request of working half days.
`
`33.
`
`Plaintiff stated that she was treated less favorably than Caucasian employees who were
`
`similarly situated, as they were not required to work per diem hours on call when pursuing their
`
`CPE training, but Plaintiff was required to do so.
`
`Plaintiff states that similarly situated Caucasian employees were more favorably treated.
`
`Furthermore, Caucasian employees were not terminated for the same issue as Plaintiff was
`
`terminated. . In terminating Plaintiff, Defendant has intentionally discriminated against her on the
`
`basis of her race in violation of Ohio Revised Code Section 4112.02(A) made actionable pursuant
`
`to Ohio Revised Code Section 4112.99 as amended.
`
`34.
`
`As a proximate result of the actions of Defendants as complained of herein, Plaintiff has
`
`suffered the loss of her job position, back wages, seniority, fringe benefits and pension benefits,
`
`diminished earning capacity and great mental and emotional stress, anxiety, humiliation and
`
`embarrassment all to her damage. Plaintiff has also been forced to expend litigation expenses and
`
`attorney’s fees.
`
`FIFTH CLAIM FOR RELIEF
`Title VII of the Civil Rights Act of 1964, Gender Discrimination
`Plaintiff incorporates each and every allegation contained in paragraphs one (1) through
`
`35.
`
`thirty-four (34) of this Complaint, supra, by reference in its entirety as if fully restated herein.
`
`36.
`
`Plaintiff is a female individual. Plaintiff was well qualified for her position, and performed
`
`her job well. On April 1, 2021, Plaintiff was terminated. Plaintiff was allegedly terminated for
`
`exhausting her leave of absence time. Said reason is false and pretextual, as Plaintiff was issued a
`
`
`
`7
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 8 of 11. PageID #: 8
`
`return to work date, and would have been able to return to work earlier if Defendant would have
`
`accommodated her reasonable request of working half days.
`
`37.
`
`Plaintiff stated that she was treated less favorably than male employees who were similarly
`
`situated, as they were not required to were not required to work per diem hours on call when
`
`pursuing their CPE training, but Plaintiff was required to do so.
`
`38.
`
`Plaintiff states that similarly situated male employees were more favorably treated.
`
`Furthermore, male employees were not terminated for the same issue as Plaintiff was terminated.
`
`. In terminating Plaintiff, Defendant has intentionally discriminated against her on the basis of her
`
`race in violation of Title VII of the Civil Rights Act of 1964 as amended and as amended by the
`
`Civil Rights Act of 1991, 42 U.S.C. Sections 2000e et seq.
`
`39.
`
`As a proximate result of the actions of Defendant as complained of herein, Plaintiff has
`
`suffered the loss of her job position, back wages, seniority, fringe benefits and pension benefits,
`
`diminished earning capacity and great mental and emotional stress, anxiety, humiliation and
`
`embarrassment all to her damage. Plaintiff has also been forced to expend litigation expenses and
`
`attorney’s fees.
`
`SIXTH CLAIM FOR RELIEF
`Ohio Revised Code Section 4112.02, Gender Discrimination
`Plaintiff incorporates each and every allegation contained in paragraphs one (1) through
`
`40.
`
`thirty-nine (39) of this Complaint, supra, by reference in its entirety as if fully restated herein.
`
`41.
`
`Plaintiff is a female individual. Plaintiff was well qualified for her position, and performed
`
`her job well. On April 1, 2021, Plaintiff was terminated. Plaintiff was allegedly terminated for
`
`exhausting her leave of absence time. Said reason is false and pretextual, as Plaintiff was issued a
`
`return to work date, and would have been able to return to work earlier if Defendant would have
`
`accommodated her reasonable request of working half days.
`
`
`
`8
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 9 of 11. PageID #: 9
`
`42.
`
`Plaintiff stated that she was treated less favorably than male employees who were similarly
`
`situated, as they were not required to work per diem hours on call when pursuing their CPE
`
`training, but Plaintiff was required to do so.
`
`43.
`
`Plaintiff states that similarly situated male employees were more favorably treated.
`
`Furthermore, male employees were not terminated for the same issue as Plaintiff was terminated.
`
`. In terminating Plaintiff, Defendant has intentionally discriminated against her on the basis of her
`
`gender in violation of Ohio Revised Code Section 4112.02(A) made actionable pursuant to Ohio
`
`Revised Code Section 4112.99 as amended.
`
`44.
`
`As a proximate result of the actions of Defendants as complained of herein, Plaintiff has
`
`suffered the loss of her job position, back wages, seniority, fringe benefits and pension benefits,
`
`diminished earning capacity and great mental and emotional stress, anxiety, humiliation and
`
`embarrassment all to her damage. Plaintiff has also been forced to expend litigation expenses and
`
`attorney’s fees.
`
`SEVENTH CLAIM FOR RELIEF
`Intentional Infliction of Emotional Distress
`
`45. Plaintiff incorporates each and every allegation contained in paragraphs one (1) through
`
`forty-four (44) of this Complaint, supra, by reference in its entirety as if fully restated herein.
`
`46. Plaintiff states that during the course of her employment, Defendant intentionally engaged
`
`in a course of conduct which was outrageous and beyond all possible bounds of decency and such
`
`that no reasonable person could be expected to endure the same. Plaintiff states that Defendant’s
`
`conduct was calculated to cause and did cause Plaintiff to suffer serious emotional stress.
`
`47.
`
`Plaintiff states that Defendant rejected her request to work half days against her
`
`psychiatrist’s advice, required Plaintiff to communicate with her supervisor throughout her second
`
`leave of absence, monitored her, scrutinized, forced her to work extra hours, and issues pertaining
`
`
`
`9
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 10 of 11. PageID #: 10
`
`to her leave were disclosed to staff members without Plaintiff’s prior knowledge or permission.
`
`These actions were so outrageous that Plaintiff suffered emotional distress and needed to take a
`
`leave of absence.
`
`48. As a proximate result of the actions of Defendant complained of herein, Plaintiff has
`
`suffered personal and financial damage, harassment, and great mental and emotional stress,
`
`anxiety, humiliation and embarrassment. Plaintiff has also been forced to expend court costs and
`
`attorney’s fees.
`
`
`WHEREFORE, Plaintiff demands judgment against Defendant for compensatory and punitive
`
`damages for lost back pay, front pay, benefits, emotional distress, anxiety, humiliation and
`
`embarrassment plus her costs, interest and reasonable attorney fees. Plaintiff seeks an amount of
`
`liquidated damages equal to her damages and costs and attorney fees all together with prejudgment
`
`and post judgment interest. Plaintiff further prays for whatever other legal or equitable relief she
`
`may appear to be entitled to.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`WASSERMAN, BRYAN, LANDRY & HONOLD, LLP
`
`
`
`
`
`
`
` s/Francis J. Landry
`
`
`
`
`
`Francis J. Landry
`Attorney for Plaintiff, Joetta Kynard
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`10
`
`

`

`Case: 3:22-cv-00105-JJH Doc #: 1 Filed: 01/19/22 11 of 11. PageID #: 11
`
`
`Plaintiff demands a jury trial as to all issues to triable in the within cause.
`
`JURY DEMAND
`
`
`
`
`
`
`
`
`
`
` s/Francis J. Landry
`
`Francis J. Landry
`
`11
`
`
`
`
`
`
`
`
`
`