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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Summer Anthony
538 Alta View Village Court
Worthington, Ohio 43085
Plaintiff, Case No.
v. : Judge:
Columbus Board of Education
270 E. State St. COMPLAINT WITH JURY DEMAND
Columbus, Ohio 43215 : ENDORSED HEREIN
And
Keith Harris
270 E. State St.
Columbus, Ohio 43215
Defendants.
JURISDICTION AND VENUE:
1. This is a civil rights action brought under state anti-discrimination law Ohio Rev. Code §4112,
et seg. and State Common Law.
2. This court has original jurisdiction over Plaintiff's state law claims and venue is proper in this
court because all the events giving rise to this Complaint occurred in Franklin County, Ohio.
PARTIES:
3. Anthony is a resident of the city of Worthington, Franklin County, Ohio.
4. Anthony is disabled as that term is defined by Ohio Revised Code §4112.01
5. Defendant Columbus Board of Education (hereinafter sometimes referred to as “District”) is a
public school district headquartered in Franklin County, Ohio.
6. Defendant is, and at all times herein, was an employer within the meaning of R.C. § 4112.01 e¢
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7. Harris is a resident of Ohio
8. Harris is/was a superintendent for Defendant.
BACKGROUND FACTS:
9. In or about August 2001, Anthony began employment with Defendant as a schoolteacher.
0. For her first twelve years of employment, Anthony was a teacher under a continuing contract
with the District.
1. On or about 2013, Defendant promoted Anthony to a “leadership intern” position — a type of
principal-in-training program.
2. She successfully completed the training early and was promoted to full principal
w
She worked as an interim principal from November 2013 until July 2014:
a
. Anthony served as principal for six years.
5. She excelled in the principal role
6. From 2014 until 2020 she received ratings of either “skilled” or “accomplished.”
2019/2020 School Year — Events at Como Elementary
7. In 2019, Anthony was serving as principal of Como Elementary School
8. Karen Gynn was working at Como as the physical education teacher.
9. In or about October 2019, Gynn began making sexual and/or romantic advances toward
Anthony (“Harassing Behavior”)
20. Among the Harassing Behavior, Gynn waited outside Anthony’s office even when Gynn did
not have a work-related reason to be at Anthony’s office
21. Gynn would ask Anthony, “Are you lonely?”
22. Among the Harassing Behavior, Gynn asked Anthony, “Do you play with toys?”
23. By “play with toys,” Gynn was referring to using sex toys.Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179
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24. Among the Harassing Behavior, Gynn asked Anthony, “Why haven’t you remarried?”
25. On or about November 7, 2019, Anthony held a meeting with her supervisor, Area
Superintendent Keith Harris, Director of Unified Arts Betty Hill, and HR Director Mary Ann
Baum.
26. At the November 7" meeting, Anthony complained about the Harassing Behavior.
27. Initially, Harris rejected the idea that Anthony had experienced sexual harassment, since, in
his view, she had not put a stop to it
28. Rather than investigate Anthony’s complaint of sexual harassment pursuant to District policy,
Harris told Anthony to set up a meeting with Gynn and Hill to tell Gynn to stop sexually
harassing Anthony
29. Harris instructed Anthony to give Gynn a non-disciplinary summary of conference
30. In or about early November, Anthony held a meeting with Gynn and Hill to tell Gynn to stop
sexually harassing Anthony.
31. Gynn remained employed at Como despite her unlawful and disturbing behavior.
32. On or about January 28, 2020, Gynn barricaded herself inside the school, which necessitated
a lockdown and police response
33. On February 24, 2020, Anthony received her first-ever letter of direction from Harris wherein
he accused her of inappropriately sharing student information
34. Also on February 24, 2020, Harris informed Anthony that he was considering non-renewal of
her contract as a principal.
35. From March 4, 2020, until March 13, 2020, Anthony took sick leave due to her mental health
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36. During this period, Anthony was institutionalized at Columbus Springs Dublin behavioral
health hospital for six days.
37. She was treated for worsening depression and suicidal ideation.
38. She was diagnosed with recurrent and severe major depressive disorder, unspecified anxiety
disorder and unspecified bipolar disorder.
39. On or about March 2020, Anthony was contacted by Eric Ulas (Asst. Dir. Of HR), informing
her that she was required to provide medical documentation explaining why she was off work.
40. Ulas falsely stated that Anthony had exhausted her FMLA leave.
41. The District had never before required Anthony to provide medical documentation in order to
use her paid sick leave.
42. In April 2020, Harris petitioned the District to convert his December “observation” into a
“walkthrough” evaluation.
43. Both types of evaluations are required each semester and must be completed to “non-renew” a
principal.
44. On or about April 7, 2020, Anthony filed a Charge of Discrimination with the EEOC alleging
retaliation for her reports of sexual harassment.
45. On or about May 29, 2020, the District decided not to renew Anthony’s contract as principal
(“Demotion”).
46. Anthony was disciplined and demoted in retaliation for her protected activity
47. Anthony had fallback rights that allowed her to return to a teaching role within the District.
48. The District did not place Anthony in a teaching position until she reminded them of her
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49. In retaliation for her protected activity, the District refused to honor all of her years of service
and only gave her credit for her years of service as a teacher
2020/2021 Events at Trevitt Elementary
50. Following the demotion, Anthony resumed her teaching duties and was assigned to Trevitt
Elementary School for the 2020/2021 school year.
51. Anthony was not provided training to prepare her for remote learning, nor was she provided
with information about how to use technological resources.
52. Asa principal, Anthony had not received the same training as teachers.
53. From the beginning of the school year, Anthony was unable to access Zoom and despite
repeated attempts to resolve the technology issue, her access to the program was inadequate
and unreliable
54. Anthony’s supervisor, Principal Keisha Fletcher Bates, accused her of not teaching and
claimed to have received complaints from parents.
55. In October 2020, Anthony requested that she be allowed to work from home as a reasonable
accommodation.
56. Her request was denied.
57. On October 26, 2020, Anthony requested a meeting with Principal Bates to discuss concerns,
including her technology issues.
58. The meeting did not resolve Anthony’s issues and she filed a grievance against Bates on
November 4, 2020, alleging violations of the collective bargaining agreement.
59. After filing her grievance against Bates, Anthony was disciplined for “unprofessional
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60. The November 17, 2020 “Summary of Conference” accused Anthony of engaging in
“unprofessional conduct and inappropriate communications.”
61. In the Summary of Conference, Bates communicated the District’s policy against escalating
“situations” that could be addressed at the building level. In other words, Anthony was
disciplined for not following her chain of command when making complaints/addressing issues
via email.
62. The email at issue was addressed to Matthew Holmes, a Leadership Intern at Trevitt. The email
was copied to personnel in Human Resources.
63. Anthony’s email addressed issues both at Trevitt Elementary and throughout the District.
64. In the email, Anthony expressed her concern that work-from-home accommodations were
being administered unfairly throughout the district, including possible violations of law (the
ADA/FMLA).
65. She also expressed her concern that she was being subjected to retaliation from the district
66. By sending the email, Anthony was engaged in “protected activity” as that term is
contemplated by RC §4112 et seq
67. Although they were not copied on Anthony’s email, HR Director Mary Baum and Dir. Labor
Management & Employee Relations John Dean were informed of it and contacted Bates about
the email on November 2, 2020.
68. Upon information and belief, Bates was instructed to discipline Anthony by Baum and/or
Dean.
69. In December 2020, Bates performed Anthony’s performance review and included negative
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70. In January 2021, Anthony requested reasonable accommodations pursuant to the ADA and
that request was denied.
71. On or about March 8, 2021, Anthony filed an internal complaint of retaliation against the
principal of Trevitt Elementary, Keisha Bates.
72. In April of 2021, Anthony was participating in active treatment for her mental health disorders,
including, anxiety, depression, panic attacks, and poor sleep.
73. On April 5, 2021, Anthony began a period of FMLA leave for treatment of her mental health
disorders.
74. In his Physician’s Certification supporting Anthony’s need for leave, Anthony’s therapist, Dr.
Theodore Shannon, noted that she was experiencing severe stress from her issues at work and
her daughter’s attempted suicide.
75. Dr. Shannon attested that Anthony was unable to perform the functions of focusing, planning,
record keeping, communication and managing the classroom.
76. He stated that Anthony was suffering from adjustment disorder with anxiety and depression,
ADHD, problems related to employment, and panic attacks
77. She remained on leave of absence throughout the rest of the school year.
78. Anthony began applying for jobs outside of the District.
79. Harris provided negative job references when contacted by Anthony’s prospective employers
(“Negative References”).
80. On or about May 10, 2021, Harris gave one of the Negative References (“May 10 Reference”).
81. In the May 10 Reference, Harris stated, “I absolutely do not recommend her.”
82. In the May 10 Reference, Harris stated, “There were many incidents where we had to get legal
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83. By “many incidents where we had to get legal involved,” Harris was referring to Anthony’s
complaints of harassment and her EEOC Charge.
84. In the May 10 Reference, Harris stated, “Some of the interactions with staff were not good,”
but did not provide any additional details about Anthony’s interactions with staff.
85. By “some of the interactions with staff,” Harris was referring to Anthony’s complaints of
harassment.
86. In the May 10 Reference, Harris stated, “No, I do not recommend her, and she is not eligible
for rehire.”
87. On or about May 10, 2021, Anthony was still employed by the District.
88. Harris’s assertion that Anthony was not eligible for rehire was false.
89. The Negative References were adverse and retaliatory actions.
90. The Negative References harmed Anthony’s professional reputation and ability to find a job.
91. The Negative References would make a reasonable person less likely to report unlawful
discrimination and/or retaliation.
92. Harris intentionally and willfully gave the Negative References.
93. Harris gave the Negative References in retaliation for Anthony opposing sexual harassment.
94. Harris gave the Negative References in retaliation for Anthony opposing retaliation
95. Harris gave the Negative References in retaliation for Anthony filing the EEOC Charge.
96. On May 11, 2021, the EEOC issued a Dismissal and Notice of Rights letter.
97. On July 23, 2021, Anthony initiated a federal lawsuit against the District and Harris, alleging
retaliation for her reports of sexual harassment in violation of Title VII of the Federal Civil
Rights Act and Ohio Revised Code §4112 et seq. (Subsequently dismissed without prejudice.)Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179
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2021/2022 School Year
98. Anthony returned from FMLA leave for the start of the 2021-2022 school year.
99. She was assigned to Linden STEM Academy two days before school began.
00. She reported to Principal Randa Hutcherson.
01. Prior to beginning the school year, Anthony emailed Hutcherson requesting supplies for her
classroom.
02. The only response she received from Hutcherson was that Anthony should not email
Hutcherson at her Ashland University email
03. On September 7, 2021, Anthony submitted requests for reasonable accommodation under the
ADA, for kidney stones, hearing loss, PTSD, anxiety and depression.
04. On September 10, 2021, Principal Hutcherson emailed Anthony, accusing her of missing her
recess duty even though she was not assigned to recess duty.
05. On September 11, 2021, Anthony filed a retaliation complaint against Principal Hutcherson
because she believed that she had been subjected to unlawful retaliation for engaging in
protected activity.
106. Anthony complained that she had been erroneously reprimanded for missing recess duty, that
Hutcherson had shared facts about her need for FMLA leave with her co-workers, and that
Hutcherson intentionally ignored email communication from Anthony.
107. Beginning September 17, 2021, Anthony’s stress, anxiety, and depression were so
debilitating that she required several weeks of FMLA leave.
108. In response to Anthony’s internal complaint of retaliation, Hutcherson filed misconduct
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109. On or about October 12, 2021, while still on leave, Anthony reached out to Hutcherson, the
Compliance Office, and HR to inquire about transferring to a different school as an
accommodation for her disabilities.
110. On October 29, 2021, Anthony filed an internal complaint regarding the delay in responding
to her requests for accommodation and specifically complaining that she was being returned to
Linden STEM Academy and a third-floor classroom
111. On November 3, 2021, in an email correspondence, Anthony clarified that she was seeking
reassignment as an accommodation for her PTSD. She also disclosed that she had been recently
diagnosed with psoriatic arthritis for which she required accommodation
112. Hutcherson never replied to Anthony’s email, but did forward it to Baum and Luther Johnson,
stating that she was unaware of any approved accommodations.
113. As Anthony’s direct supervisor, Hutcherson had a duty to provide reasonable
accommodations for Anthony’s disabilities and/or to engage in the interactive accommodation
process.
14. Anthony returned to work on November 4, 2021
15. On November 8, 2021, Anthony was informed that the Compliance Office found insufficient
evidence to support her complaint of retaliation filed on September 11, 2021.
16. On or about December 6, 2021, the District proposed some accommodations for her physical
disabilities, but none for her mental health disabilities.
17. One accommodation required Anthony’s colleagues to escort her students up and down stairs
so that Anthony could use the elevator.
18. This accommodation inconvenienced and irritated Anthony’s co-workers.
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119. Anthony learned that her colleagues had been advised by Randa Hutcherson about her
disabilities, causing her embarrassment and humiliation, further aggravating her mental health
conditions.
120. Another accommodation required the administration to provide Anthony with coverage for
bathroom breaks, again, inconveniencing her co-workers and subjecting her to embarrassment
and humiliation.
21. On December 14, 2021, Anthony emailed Reggie Smith regarding her concerns with her
accommodations. Nothing changed.
22. On December 17, 2021, the compliance office advised Anthony that they found insufficient
evidence to support her October 29, 2021 complaint.
23. On December 20, 2021, Dr. Sheila Tano, Anthony’s psychiatrist, provided documentation in
support of Anthony’s request for accommodations of her mental health conditions.
24. Tano opined that Anthony’s anxiety, depression, and PTSD would necessitate restrictions on
Anthony’s ability to work.
25. She explained that Anthony’s “symptoms are exacerbated in stressful environment and
situations. Therefore, avoidance of confrontations that would trigger anxiety and feelings of
vulnerability” was necessary.
126. On January 11, 2022, Anthony was issued a written Reprimand encompassing allegations
made by Principal Bates in the 2020/2021 school year and Principal Hutcherson in the current
school year.
127. On or about January 12, 2022, Anthony received a performance review from Hutcherson,
rating her as “developing.”
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28. Hutcherson completed the entire 1“ semester evaluation cycle in five days, versus the typical
eighteen-week period.
29. In late March 2022, Hutcherson issued a final evaluation and rated Anthony as “developing.”
30. On April 7, 2022, Anthony filed a formal internal complaint with the District’s Compliance
Office alleging disability discrimination and retaliation for engaging in protected activity
31. She named Principal Randa Hutcherson, Jillian Deas, and Daryl Smith in her complaint.
32. On April 11, 2022, Anthony’s Union Attorney followed up regarding the status of Anthony’s
request for accommodation of her mental health disorders.
33. Ten specific accommodation requests were provided.
34. The District’s representative, Aisha Powell, sought additional information and Anthony’s
Union Attorney responded, offering several ideas for accommodations.
35. The District offered no recommendations, nor any counter-proposals.
36. By the end of the 2021/2022 school year, the District had provided no accommodations for
Anthony’s mental health disabilities.
2022/2023 School Year
37. On July 29, 2022, Anthony filed an EEOC charge alleging disability discrimination and
retaliation (Charge No. 532-2022-01756).
38. The Determination and Notice of Rights Letter was issued on 11/30/2022.
39. On August 7, 2022, the EEOC issued a Notice of Rights Letter related to Anthony’s disability
discrimination and retaliation charge
40. On August 12, 2022, still without a single ADA accommodation for her mental health
disabilities and in anticipation of the 2022/23 school year, Anthony emailed Aisha Powell and
other Defendant HR Staff and administrators, complaining that the accommodations for her
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physical disabilities were inadequate and/or unworkable and again requesting accommodations
for her mental health disabilities.
41. On August 18, 2022, Reggie Smith replied, informing Anthony that the District would
implement the same accommodations as those offered in the previous year.
42. Smith did not address Anthony’s request for accommodations needed for her mental health
disorders.
43. Anthony responded on August 18, 2022, reiterating that the previous accommodations did
not work and again asking for accommodations needed for her PTSD.
44. She accused Defendant of retaliation and harassment related to her protected activity.
45. On August 21, 2022, Anthony followed up with Defendant, requesting information regarding
her accommodations and where she would be teaching.
46. She specifically clarified that she was seeking a transfer as an accommodation. She also
informed Defendant that equipment provided as an accommodation for her hearing loss had
been damaged by students.
47. On September 11, 2022, Anthony emailed asking why, after repeated attempts, her PTSD
accommodations had not been addressed.
48. On September 15, 2022, Anthony was scheduled to attend the funeral of a family member.
49. That same day, she met with Principal Hutcherson to set her performance goals for the
upcoming year.
50. The meeting with Hutcherson was just the kind of stressful/confrontational situation Anthony
was seeking accommodation for
51. During the meeting, which was recorded, Anthony and Hutcherson disagreed about how, and
by whom, performance goals would be written.
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52. Because she had received a “developing” in her prior year performance review, Anthony
understood that Hutcherson would define Anthony’s performance goals.
53. Hutcherson disagreed and adjourned the meeting stating that they would reschedule.
54. After the meeting, Hutcherson texted her supervisor, complaining that she just attempted to
have a meeting with “that woman and I really do not feel safe.”
55. Hutcherson’s supervisor Luther Johnson described Anthony’s behavior as “irrational.”
56. Later that day, Anthony accompanied a co-worker to Hutcherson’s office looking for
headphones needed to administer testing to Anthony’s students.
57. In her September 19, 2022 written statement about the events of September 16", Hutcherson
related that Anthony was loud and disrespectful
58. She also stated, “I started to shut the door, but she was pulling the door back open trying to
prevent me from closing the door.”
59. Anthony did not try to prevent Hutcherson from closing the door.
60. As a result of these two interactions, Anthony was re-assigned to Central Enrollment due to
alleged misconduct during her two interactions with Hutcherson.
61. On September 16, 2022, Anthony was issued a written warning by Employee Relations
Officer Jason Allison.
62. Anthony was disciplined for failure to follow end-of-year procedures for the 2021/2022
school year, a disparaging email sent to Hutcherson on June 4, 2022, and six emails sent over
the course of the summer months that allegedly circumvented the District’s chain of command
policy.
163. In the six emails sent over the summer, Anthony was seeking accommodations and trying to
engage in the interactive accommodation process
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64. On September 16, 2022, Anthony reported to Central Enrollment, where she met with Dr
Machelle Kline
65. Anthony recorded the meeting.
66. Dr. Kline began by describing Central Enrollment as a “happy, happy, place!”
67. Kline stated she knew Anthony was under some other situations, but insisted that despite
those ongoing issues, she must have a positive attitude.
68. When Ms. Anthony stated that she would not have a positive attitude, Dr. Kline informed her
that she did not belong in Central Enrollment
69. Anthony was thereafter presented with a letter and sent home.
70. On October 4, 2022, Anthony was notified of the District’s intent to terminate her
employment pursuant to Ohio Revised Code §3319.16.
71. In the Intent to Terminate document adopted by the Board of Education, the District described
the grounds upon which termination was being considered, including the 9/15/2022
conversations with Principal Hutcherson and the 9/16/2022 meeting with Dr. Kline.
172. The document states that in her interactions with Hutcherson and Kline, Anthony was
“hostile, threatening, disrespectful, and confrontational.”
173. A termination hearing commenced on December 6, 2022, and ended on December 14, 2022
174. On February 18, 2023, Anthony filed a Charge with the EEOC alleging disability
discrimination and retaliation (Charge No. 532-2022-03603). The Determination and Notice of
Rights Letter was issued on February 27, 2023.
175. Anthony was terminated effective February 21, 2023
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COUNTI
RETALIATION FOR REPORTING SEXUAL HARASSMENT
IN VIOLATION OF OHIO REVISED CODE §4112 et seq.
176. Plaintiff restates and incorporates the foregoing paragraphs as if fully rewritten herein.
177. Ohio Revised Code §4112.02(I) prohibits discrimination against any person who has opposed
an unlawful discriminatory practice and/or because that person has made a charge, testified,
assisted, or participated in any manner in any investigation, proceeding, or hearing under
sections RC §§ 4112.01 — 4112.07.
78. When Anthony reported that she was experiencing sexual harassment, she was engaged in
protected activity as that term is contemplated by RC §4112.02(1)
79. When Anthony filed an EEOC charge alleging retaliation against the District, she was
engaged in protected activity as that term is contemplated by RC §4112.02()
80. The District was aware of her protected activity.
81. After Anthony’s report of sexual harassment to her employer, Harris gave Anthony a negative
evaluation.
82. After Anthony’s report of sexual harassment to her employer, Anthony filed an EEOC charge.
83. Subsequent to Anthony filing her first EEOC charge, the District demoted Anthony.
84. After Anthony filed her first EEOC charge, Harris gave Anthony negative and untrue
employment references.
85. On July 23, 2020, Anthony filed a federal lawsuit against the District pressing her claims of
retaliation and intentional infliction of emotional distress.
86. Thereafter, until the date of her termination, the district continued its campaign of retaliation
by subjecting Anthony to unfair and unlawful treatment, including ostracizing her, denying her
training, denying her access to resources, disciplining her, and ultimately terminating her.
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187. The District’s actions were retaliatory in nature and based on Anthony’s opposition to the
unlawful discriminatory conduct.
188. As a direct and proximate result of District’s conduct, Anthony suffered and will continue to
suffer damages, including economic damages, emotional distress, and physical sickness
damages.
COUNT IIT
DISABILITY DISCRIMINATION AND FAILURE TO ACCOMMODATE
IN VIOLATION OF OHIO REVISED CODE §4112
89. Anthony restates and incorporates the foregoing paragraphs as if fully rewritten herein.
90. Anthony is disabled as that term is contemplated by Ohio law and defined in ORC §4112.01.
91. The District was aware of Anthony’s disabilities.
92. As demonstrated in the facts above, Anthony made multiple and repeated requests for
accommodation.
93. In October 2020, Anthony requested that she be allowed to work from home as a reasonable
accommodation.
94. Her request was denied.
95. Then, in January 2021, Anthony sought accommodation for her disabilities.
96. Her request for accommodation was denied.
97. In April 2021, Anthony took a leave of absence from work while she sought treatment for her
mental health disabilities.
98. Anthony submitted a physician’s certification in support of her need for leave.
99. Anthony’s therapist confirmed that she was suffering with adjustment disorder, anxiety,
depression, ADHD, problems related to employment and panic attacks.
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200. Anthony submitted formal requests for workplace accommodation on or about September 7,
2021
201. On September 17, 2021, Anthony began another period of FMLA leave due to the disabling
effects of her mental health disabilities.
202. On October 12, 2021, Anthony reached out to Principal Hutcherson and other District
officials to inquire about transferring to a different school as an accommodation for her
disabilities.
203. On October 29, 2021, Anthony filed an internal complaint regarding the delay in responding
to her September 7" requests for accommodation and specifically complained that she was
being returned to Linden STEM Academy and a third-floor classroom
204. On November 3, 2021, Anthony clarified that she was seeking reassignment as an
accommodation for her PTSD.
205. Hutcherson never replied to Anthony’s email but forwarded it to HR, stating that she was
unaware of any “approved accommodations.”
206. On or about December 6, 2021, the District proposed some accommodations for her physical
disabilities, but none for her mental health disabilities.
207. Anthony’s request for reassignment and request to be placed in a first-floor classroom were
denied
208. One accommodation that was offered for Anthony’s physical disabilities required her
colleagues to escort her students up and down stairs so that Anthony could use the elevator.
209. This accommodation inconvenienced and irritated Anthony’s co-workers, further isolating
her.
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210. Anthony colleagues became aware of her disabilities, causing her embarrassment and
humiliation, further aggravating her mental health conditions.
211. Another accommodation required the administration to provide Anthony with coverage for
bathroom breaks, again, inconveniencing her co-workers and subjecting her to embarrassment
and humiliation
212. On December 14, 2021, Anthony emailed Reggie Smith regarding her concerns that the
accommodations for her physical disabilities were unworkable.
213. On December 20, 2021, Dr. Sheila Tano, Anthony’s psychiatrist provided documentation in
support of Anthony’s request for accommodations of her mental health conditions.
214. On January 11, 2022, Anthony was issued a written Reprimand.
215. Upon information and belief, Anthony was disciplined, in part, because of her disabilities,
her need for accommodations, and her participation in protected activity.
216. On or about January 12, 2022, Anthony received a performance review from her principal
rating her as “developing.”
217. Upon information and belief, Anthony received a rating of “developing” because of her
disabilities, her requests for accommodation, and her participation in protected activity.
218. On April 7, 2022, Anthony filed a formal internal complaint with the District’s Compliance
Office, alleging disability discrimination and retaliation for engaging in protected activity.
219. By the end of the 2021/2022 school year, the District had provided no accommodations for
Anthony’s mental health disabilities.
220. During the 2022/2023 school year, the District provided no accommodations for Anthony’s
mental health disabilities.
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221. The District’s ongoing failure to provide her with reasonable accommodations for her mental
health disabilities exposed Anthony to triggers that exacerbated her mental health symptoms.
222. On September 16, 2022, Anthony was disciplined, in part, because of the symptoms
associated with her disabilities.
223. On September 15, 2022, Anthony was reassigned, pending investigation, because Principal
Randa Hutcherson alleged that she feared for her safety around Anthony
224. Hutcherson cited Anthony’s demeanor and body language as the basis for her fear.
225. Anthony was assigned to Central Enrollment but was not allowed to work there because she
did not have a positive attitude.
226. Anthony’s demeanor, her body language, and her inability to have a positive attitude were
symptoms of and/or arose out of her disabilities.
227. Members of Defendant’s leadership team referred to Anthony as “irrational.”
228. Anthony was ultimately terminated.
229. The District’s unlawful failure to provide Anthony with reasonable accommodations for her
disabilities ultimately led to her termination.
230. The District has violated Ohio law by
a. failing to provide Anthony with reasonable accommodations
b. implementing a policy that prohibits employees from escalating requests for
accommodation and/or complaining about the District’s failure to accommodate.
c. by discriminating against Anthony because of her disabilities.
231. Asa direct and proximate result of the District’s conduct, Anthony suffered and will continue
to suffer damages, including economic, emotional distress, and physical sickness damages.
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COUNT UI
RETALIATION FOR SEEKING ACCOMMODATION
2
232. Anthony restates and incorporates the foregoing paragraphs as if fully rewritten herein.
233. Ohio Revised Code §4112.02(1) prohibits discrimination against any person who has opposed
an unlawful discriminatory practice and/or because that person has made a charge, testified,
assisted, or participated in any manner in any investigation, proceeding, or hearing under
sections RC §§ 4112.01 — 4112.07.
234. Anthony is disabled as that term is contemplated by Ohio law and defined in ORC §4112.01.
235. The District was aware of Anthony’s disabilities.
236. Anthony sought accommodations for her disabilities.
237. Because of her disabilities, Anthony took several leaves of absence from work while she
sought treatment for her disabilities.
238. As demonstrated in the facts above, Anthony levied repeated internal complaints of retaliation
and failure to accommodate.
239. On or about November 17, 2020, Anthony was disciplined for engaging in “unprofessional
conduct and inappropriate communications.”
240. Anthony was disciplined for escalating complaints about how work-from-home
accommodations were being administered unfairly throughout the district, including possible
violations of law (the ADA/FMLA).
241. On October 29, 2021, Anthony filed an internal complaint regarding the delay in responding
to her September 7, 2021 requests for accommodation and specifically complained that she was
being returned to Linden STEM Academy and a third-floor classroom
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0G326 - v9l1
242. On September 16, 2022, Anthony was disciplined, in part, because she escalated her requests
for accommodation and her complaints about retaliation.
243. When Anthony escalated her complaints about the District’s failure to provide reasonable
accommodation she was engaged in protected activity.
244. When Anthony escalated her complaints of retaliation, she was engaged in protected activity.
245. The District was aware of her protected activity.
246. Anthony was terminated for engaging in protected activity.
247. Asa direct and proximate result of District’s conduct, Anthony suffered and will continue to
suffer damages, including economic, emotional distress, and physical sickness damages.
COUNT IV
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
241. Anthony restates each and every prior paragraph of this Complaint, as if it were fully
restated herein.
242. Harris intended to cause Anthony emotional distress or knew that his acts or omissions
would result in serious emotional distress to Anthony.
243. Harris’s conduct was so extreme and outrageous as to go beyond all possible bounds of
decency and was such that it can be considered as utterly intolerable in a civilized community.
244. Asa direct and proximate result of Harris’s acts and omissions as set forth above, Anthony
has suffered mental anguish of such a serious nature that no reasonable person could be
expected to endure it.
245. Asa direct and proximate result of Harris’s conduct and the resulting emotional distress,
Anthony has suffered and will continue to suffer damages, including economic, emotional distress,
and physical sickness damages.
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PRAYER FOR RELIEF
Wherefore, Plaintiff respectfully prays that this Court grant her:
a. lost past and future wages and benefits in excess of $25,000;
b. compensatory damages;
c. an amount in excess of $25,000.00 in compensatory damages for emotional distress;
d. attorney fees and costs;
e. prejudgment and post judgment interest;
f. such other equitable and further relief as may be just and appropriate
Respectfully Submitted,
/s/Sharon Cason-Adams
Sharon Cason-Adams (0067550)
Agee Clymer Mitchell & Portman
140 East Town St., Suite 1100
Columbus, Ohio 43215
Telephone: 614-221-3318
Facsimi 14-221-7308
JURY DEMAND
Plaintiff hereby demands trial by jury on all issues triable before a jury.
/s/Sharon Cason-Adams
Sharon Cason-Adams
23
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V70 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Summer Anthony 538 Alta View Village Court Worthington, Ohio 43085 Plaintiff, Case No. v. : Judge: Columbus Board of Education 270 E. State St. COMPLAINT WITH JURY DEMAND Columbus, Ohio 43215 : ENDORSED HEREIN And Keith Harris 270 E. State St. Columbus, Ohio 43215 Defendants. JURISDICTION AND VENUE: 1. This is a civil rights action brought under state anti-discrimination law Ohio Rev. Code §4112, et seg. and State Common Law. 2. This court has original jurisdiction over Plaintiff's state law claims and venue is proper in this court because all the events giving rise to this Complaint occurred in Franklin County, Ohio. PARTIES: 3. Anthony is a resident of the city of Worthington, Franklin County, Ohio. 4. Anthony is disabled as that term is defined by Ohio Revised Code §4112.01 5. Defendant Columbus Board of Education (hereinafter sometimes referred to as “District”) is a public school district headquartered in Franklin County, Ohio. 6. Defendant is, and at all times herein, was an employer within the meaning of R.C. § 4112.01 e¢ seq.Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V71 7. Harris is a resident of Ohio 8. Harris is/was a superintendent for Defendant. BACKGROUND FACTS: 9. In or about August 2001, Anthony began employment with Defendant as a schoolteacher. 0. For her first twelve years of employment, Anthony was a teacher under a continuing contract with the District. 1. On or about 2013, Defendant promoted Anthony to a “leadership intern” position — a type of principal-in-training program. 2. She successfully completed the training early and was promoted to full principal w She worked as an interim principal from November 2013 until July 2014: a . Anthony served as principal for six years. 5. She excelled in the principal role 6. From 2014 until 2020 she received ratings of either “skilled” or “accomplished.” 2019/2020 School Year — Events at Como Elementary 7. In 2019, Anthony was serving as principal of Como Elementary School 8. Karen Gynn was working at Como as the physical education teacher. 9. In or about October 2019, Gynn began making sexual and/or romantic advances toward Anthony (“Harassing Behavior”) 20. Among the Harassing Behavior, Gynn waited outside Anthony’s office even when Gynn did not have a work-related reason to be at Anthony’s office 21. Gynn would ask Anthony, “Are you lonely?” 22. Among the Harassing Behavior, Gynn asked Anthony, “Do you play with toys?” 23. By “play with toys,” Gynn was referring to using sex toys.Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V72 24. Among the Harassing Behavior, Gynn asked Anthony, “Why haven’t you remarried?” 25. On or about November 7, 2019, Anthony held a meeting with her supervisor, Area Superintendent Keith Harris, Director of Unified Arts Betty Hill, and HR Director Mary Ann Baum. 26. At the November 7" meeting, Anthony complained about the Harassing Behavior. 27. Initially, Harris rejected the idea that Anthony had experienced sexual harassment, since, in his view, she had not put a stop to it 28. Rather than investigate Anthony’s complaint of sexual harassment pursuant to District policy, Harris told Anthony to set up a meeting with Gynn and Hill to tell Gynn to stop sexually harassing Anthony 29. Harris instructed Anthony to give Gynn a non-disciplinary summary of conference 30. In or about early November, Anthony held a meeting with Gynn and Hill to tell Gynn to stop sexually harassing Anthony. 31. Gynn remained employed at Como despite her unlawful and disturbing behavior. 32. On or about January 28, 2020, Gynn barricaded herself inside the school, which necessitated a lockdown and police response 33. On February 24, 2020, Anthony received her first-ever letter of direction from Harris wherein he accused her of inappropriately sharing student information 34. Also on February 24, 2020, Harris informed Anthony that he was considering non-renewal of her contract as a principal. 35. From March 4, 2020, until March 13, 2020, Anthony took sick leave due to her mental health disability.Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V73 36. During this period, Anthony was institutionalized at Columbus Springs Dublin behavioral health hospital for six days. 37. She was treated for worsening depression and suicidal ideation. 38. She was diagnosed with recurrent and severe major depressive disorder, unspecified anxiety disorder and unspecified bipolar disorder. 39. On or about March 2020, Anthony was contacted by Eric Ulas (Asst. Dir. Of HR), informing her that she was required to provide medical documentation explaining why she was off work. 40. Ulas falsely stated that Anthony had exhausted her FMLA leave. 41. The District had never before required Anthony to provide medical documentation in order to use her paid sick leave. 42. In April 2020, Harris petitioned the District to convert his December “observation” into a “walkthrough” evaluation. 43. Both types of evaluations are required each semester and must be completed to “non-renew” a principal. 44. On or about April 7, 2020, Anthony filed a Charge of Discrimination with the EEOC alleging retaliation for her reports of sexual harassment. 45. On or about May 29, 2020, the District decided not to renew Anthony’s contract as principal (“Demotion”). 46. Anthony was disciplined and demoted in retaliation for her protected activity 47. Anthony had fallback rights that allowed her to return to a teaching role within the District. 48. The District did not place Anthony in a teaching position until she reminded them of her fallback rightsFranklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V74 49. In retaliation for her protected activity, the District refused to honor all of her years of service and only gave her credit for her years of service as a teacher 2020/2021 Events at Trevitt Elementary 50. Following the demotion, Anthony resumed her teaching duties and was assigned to Trevitt Elementary School for the 2020/2021 school year. 51. Anthony was not provided training to prepare her for remote learning, nor was she provided with information about how to use technological resources. 52. Asa principal, Anthony had not received the same training as teachers. 53. From the beginning of the school year, Anthony was unable to access Zoom and despite repeated attempts to resolve the technology issue, her access to the program was inadequate and unreliable 54. Anthony’s supervisor, Principal Keisha Fletcher Bates, accused her of not teaching and claimed to have received complaints from parents. 55. In October 2020, Anthony requested that she be allowed to work from home as a reasonable accommodation. 56. Her request was denied. 57. On October 26, 2020, Anthony requested a meeting with Principal Bates to discuss concerns, including her technology issues. 58. The meeting did not resolve Anthony’s issues and she filed a grievance against Bates on November 4, 2020, alleging violations of the collective bargaining agreement. 59. After filing her grievance against Bates, Anthony was disciplined for “unprofessional behavior.”Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V75 60. The November 17, 2020 “Summary of Conference” accused Anthony of engaging in “unprofessional conduct and inappropriate communications.” 61. In the Summary of Conference, Bates communicated the District’s policy against escalating “situations” that could be addressed at the building level. In other words, Anthony was disciplined for not following her chain of command when making complaints/addressing issues via email. 62. The email at issue was addressed to Matthew Holmes, a Leadership Intern at Trevitt. The email was copied to personnel in Human Resources. 63. Anthony’s email addressed issues both at Trevitt Elementary and throughout the District. 64. In the email, Anthony expressed her concern that work-from-home accommodations were being administered unfairly throughout the district, including possible violations of law (the ADA/FMLA). 65. She also expressed her concern that she was being subjected to retaliation from the district 66. By sending the email, Anthony was engaged in “protected activity” as that term is contemplated by RC §4112 et seq 67. Although they were not copied on Anthony’s email, HR Director Mary Baum and Dir. Labor Management & Employee Relations John Dean were informed of it and contacted Bates about the email on November 2, 2020. 68. Upon information and belief, Bates was instructed to discipline Anthony by Baum and/or Dean. 69. In December 2020, Bates performed Anthony’s performance review and included negative comments about her performanceFranklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V76é 70. In January 2021, Anthony requested reasonable accommodations pursuant to the ADA and that request was denied. 71. On or about March 8, 2021, Anthony filed an internal complaint of retaliation against the principal of Trevitt Elementary, Keisha Bates. 72. In April of 2021, Anthony was participating in active treatment for her mental health disorders, including, anxiety, depression, panic attacks, and poor sleep. 73. On April 5, 2021, Anthony began a period of FMLA leave for treatment of her mental health disorders. 74. In his Physician’s Certification supporting Anthony’s need for leave, Anthony’s therapist, Dr. Theodore Shannon, noted that she was experiencing severe stress from her issues at work and her daughter’s attempted suicide. 75. Dr. Shannon attested that Anthony was unable to perform the functions of focusing, planning, record keeping, communication and managing the classroom. 76. He stated that Anthony was suffering from adjustment disorder with anxiety and depression, ADHD, problems related to employment, and panic attacks 77. She remained on leave of absence throughout the rest of the school year. 78. Anthony began applying for jobs outside of the District. 79. Harris provided negative job references when contacted by Anthony’s prospective employers (“Negative References”). 80. On or about May 10, 2021, Harris gave one of the Negative References (“May 10 Reference”). 81. In the May 10 Reference, Harris stated, “I absolutely do not recommend her.” 82. In the May 10 Reference, Harris stated, “There were many incidents where we had to get legal involved, not that she did anything illegal.”Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V77 83. By “many incidents where we had to get legal involved,” Harris was referring to Anthony’s complaints of harassment and her EEOC Charge. 84. In the May 10 Reference, Harris stated, “Some of the interactions with staff were not good,” but did not provide any additional details about Anthony’s interactions with staff. 85. By “some of the interactions with staff,” Harris was referring to Anthony’s complaints of harassment. 86. In the May 10 Reference, Harris stated, “No, I do not recommend her, and she is not eligible for rehire.” 87. On or about May 10, 2021, Anthony was still employed by the District. 88. Harris’s assertion that Anthony was not eligible for rehire was false. 89. The Negative References were adverse and retaliatory actions. 90. The Negative References harmed Anthony’s professional reputation and ability to find a job. 91. The Negative References would make a reasonable person less likely to report unlawful discrimination and/or retaliation. 92. Harris intentionally and willfully gave the Negative References. 93. Harris gave the Negative References in retaliation for Anthony opposing sexual harassment. 94. Harris gave the Negative References in retaliation for Anthony opposing retaliation 95. Harris gave the Negative References in retaliation for Anthony filing the EEOC Charge. 96. On May 11, 2021, the EEOC issued a Dismissal and Notice of Rights letter. 97. On July 23, 2021, Anthony initiated a federal lawsuit against the District and Harris, alleging retaliation for her reports of sexual harassment in violation of Title VII of the Federal Civil Rights Act and Ohio Revised Code §4112 et seq. (Subsequently dismissed without prejudice.)Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V78 2021/2022 School Year 98. Anthony returned from FMLA leave for the start of the 2021-2022 school year. 99. She was assigned to Linden STEM Academy two days before school began. 00. She reported to Principal Randa Hutcherson. 01. Prior to beginning the school year, Anthony emailed Hutcherson requesting supplies for her classroom. 02. The only response she received from Hutcherson was that Anthony should not email Hutcherson at her Ashland University email 03. On September 7, 2021, Anthony submitted requests for reasonable accommodation under the ADA, for kidney stones, hearing loss, PTSD, anxiety and depression. 04. On September 10, 2021, Principal Hutcherson emailed Anthony, accusing her of missing her recess duty even though she was not assigned to recess duty. 05. On September 11, 2021, Anthony filed a retaliation complaint against Principal Hutcherson because she believed that she had been subjected to unlawful retaliation for engaging in protected activity. 106. Anthony complained that she had been erroneously reprimanded for missing recess duty, that Hutcherson had shared facts about her need for FMLA leave with her co-workers, and that Hutcherson intentionally ignored email communication from Anthony. 107. Beginning September 17, 2021, Anthony’s stress, anxiety, and depression were so debilitating that she required several weeks of FMLA leave. 108. In response to Anthony’s internal complaint of retaliation, Hutcherson filed misconduct charges against Anthony, claiming that Anthony made a false harassment report against her.Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V79 109. On or about October 12, 2021, while still on leave, Anthony reached out to Hutcherson, the Compliance Office, and HR to inquire about transferring to a different school as an accommodation for her disabilities. 110. On October 29, 2021, Anthony filed an internal complaint regarding the delay in responding to her requests for accommodation and specifically complaining that she was being returned to Linden STEM Academy and a third-floor classroom 111. On November 3, 2021, in an email correspondence, Anthony clarified that she was seeking reassignment as an accommodation for her PTSD. She also disclosed that she had been recently diagnosed with psoriatic arthritis for which she required accommodation 112. Hutcherson never replied to Anthony’s email, but did forward it to Baum and Luther Johnson, stating that she was unaware of any approved accommodations. 113. As Anthony’s direct supervisor, Hutcherson had a duty to provide reasonable accommodations for Anthony’s disabilities and/or to engage in the interactive accommodation process. 14. Anthony returned to work on November 4, 2021 15. On November 8, 2021, Anthony was informed that the Compliance Office found insufficient evidence to support her complaint of retaliation filed on September 11, 2021. 16. On or about December 6, 2021, the District proposed some accommodations for her physical disabilities, but none for her mental health disabilities. 17. One accommodation required Anthony’s colleagues to escort her students up and down stairs so that Anthony could use the elevator. 18. This accommodation inconvenienced and irritated Anthony’s co-workers. 10Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V80 119. Anthony learned that her colleagues had been advised by Randa Hutcherson about her disabilities, causing her embarrassment and humiliation, further aggravating her mental health conditions. 120. Another accommodation required the administration to provide Anthony with coverage for bathroom breaks, again, inconveniencing her co-workers and subjecting her to embarrassment and humiliation. 21. On December 14, 2021, Anthony emailed Reggie Smith regarding her concerns with her accommodations. Nothing changed. 22. On December 17, 2021, the compliance office advised Anthony that they found insufficient evidence to support her October 29, 2021 complaint. 23. On December 20, 2021, Dr. Sheila Tano, Anthony’s psychiatrist, provided documentation in support of Anthony’s request for accommodations of her mental health conditions. 24. Tano opined that Anthony’s anxiety, depression, and PTSD would necessitate restrictions on Anthony’s ability to work. 25. She explained that Anthony’s “symptoms are exacerbated in stressful environment and situations. Therefore, avoidance of confrontations that would trigger anxiety and feelings of vulnerability” was necessary. 126. On January 11, 2022, Anthony was issued a written Reprimand encompassing allegations made by Principal Bates in the 2020/2021 school year and Principal Hutcherson in the current school year. 127. On or about January 12, 2022, Anthony received a performance review from Hutcherson, rating her as “developing.” 11Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - v81 28. Hutcherson completed the entire 1“ semester evaluation cycle in five days, versus the typical eighteen-week period. 29. In late March 2022, Hutcherson issued a final evaluation and rated Anthony as “developing.” 30. On April 7, 2022, Anthony filed a formal internal complaint with the District’s Compliance Office alleging disability discrimination and retaliation for engaging in protected activity 31. She named Principal Randa Hutcherson, Jillian Deas, and Daryl Smith in her complaint. 32. On April 11, 2022, Anthony’s Union Attorney followed up regarding the status of Anthony’s request for accommodation of her mental health disorders. 33. Ten specific accommodation requests were provided. 34. The District’s representative, Aisha Powell, sought additional information and Anthony’s Union Attorney responded, offering several ideas for accommodations. 35. The District offered no recommendations, nor any counter-proposals. 36. By the end of the 2021/2022 school year, the District had provided no accommodations for Anthony’s mental health disabilities. 2022/2023 School Year 37. On July 29, 2022, Anthony filed an EEOC charge alleging disability discrimination and retaliation (Charge No. 532-2022-01756). 38. The Determination and Notice of Rights Letter was issued on 11/30/2022. 39. On August 7, 2022, the EEOC issued a Notice of Rights Letter related to Anthony’s disability discrimination and retaliation charge 40. On August 12, 2022, still without a single ADA accommodation for her mental health disabilities and in anticipation of the 2022/23 school year, Anthony emailed Aisha Powell and other Defendant HR Staff and administrators, complaining that the accommodations for her 12Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V82 physical disabilities were inadequate and/or unworkable and again requesting accommodations for her mental health disabilities. 41. On August 18, 2022, Reggie Smith replied, informing Anthony that the District would implement the same accommodations as those offered in the previous year. 42. Smith did not address Anthony’s request for accommodations needed for her mental health disorders. 43. Anthony responded on August 18, 2022, reiterating that the previous accommodations did not work and again asking for accommodations needed for her PTSD. 44. She accused Defendant of retaliation and harassment related to her protected activity. 45. On August 21, 2022, Anthony followed up with Defendant, requesting information regarding her accommodations and where she would be teaching. 46. She specifically clarified that she was seeking a transfer as an accommodation. She also informed Defendant that equipment provided as an accommodation for her hearing loss had been damaged by students. 47. On September 11, 2022, Anthony emailed asking why, after repeated attempts, her PTSD accommodations had not been addressed. 48. On September 15, 2022, Anthony was scheduled to attend the funeral of a family member. 49. That same day, she met with Principal Hutcherson to set her performance goals for the upcoming year. 50. The meeting with Hutcherson was just the kind of stressful/confrontational situation Anthony was seeking accommodation for 51. During the meeting, which was recorded, Anthony and Hutcherson disagreed about how, and by whom, performance goals would be written. 13Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V8&3 52. Because she had received a “developing” in her prior year performance review, Anthony understood that Hutcherson would define Anthony’s performance goals. 53. Hutcherson disagreed and adjourned the meeting stating that they would reschedule. 54. After the meeting, Hutcherson texted her supervisor, complaining that she just attempted to have a meeting with “that woman and I really do not feel safe.” 55. Hutcherson’s supervisor Luther Johnson described Anthony’s behavior as “irrational.” 56. Later that day, Anthony accompanied a co-worker to Hutcherson’s office looking for headphones needed to administer testing to Anthony’s students. 57. In her September 19, 2022 written statement about the events of September 16", Hutcherson related that Anthony was loud and disrespectful 58. She also stated, “I started to shut the door, but she was pulling the door back open trying to prevent me from closing the door.” 59. Anthony did not try to prevent Hutcherson from closing the door. 60. As a result of these two interactions, Anthony was re-assigned to Central Enrollment due to alleged misconduct during her two interactions with Hutcherson. 61. On September 16, 2022, Anthony was issued a written warning by Employee Relations Officer Jason Allison. 62. Anthony was disciplined for failure to follow end-of-year procedures for the 2021/2022 school year, a disparaging email sent to Hutcherson on June 4, 2022, and six emails sent over the course of the summer months that allegedly circumvented the District’s chain of command policy. 163. In the six emails sent over the summer, Anthony was seeking accommodations and trying to engage in the interactive accommodation process 14Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V84 64. On September 16, 2022, Anthony reported to Central Enrollment, where she met with Dr Machelle Kline 65. Anthony recorded the meeting. 66. Dr. Kline began by describing Central Enrollment as a “happy, happy, place!” 67. Kline stated she knew Anthony was under some other situations, but insisted that despite those ongoing issues, she must have a positive attitude. 68. When Ms. Anthony stated that she would not have a positive attitude, Dr. Kline informed her that she did not belong in Central Enrollment 69. Anthony was thereafter presented with a letter and sent home. 70. On October 4, 2022, Anthony was notified of the District’s intent to terminate her employment pursuant to Ohio Revised Code §3319.16. 71. In the Intent to Terminate document adopted by the Board of Education, the District described the grounds upon which termination was being considered, including the 9/15/2022 conversations with Principal Hutcherson and the 9/16/2022 meeting with Dr. Kline. 172. The document states that in her interactions with Hutcherson and Kline, Anthony was “hostile, threatening, disrespectful, and confrontational.” 173. A termination hearing commenced on December 6, 2022, and ended on December 14, 2022 174. On February 18, 2023, Anthony filed a Charge with the EEOC alleging disability discrimination and retaliation (Charge No. 532-2022-03603). The Determination and Notice of Rights Letter was issued on February 27, 2023. 175. Anthony was terminated effective February 21, 2023 15Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V85 COUNTI RETALIATION FOR REPORTING SEXUAL HARASSMENT IN VIOLATION OF OHIO REVISED CODE §4112 et seq. 176. Plaintiff restates and incorporates the foregoing paragraphs as if fully rewritten herein. 177. Ohio Revised Code §4112.02(I) prohibits discrimination against any person who has opposed an unlawful discriminatory practice and/or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under sections RC §§ 4112.01 — 4112.07. 78. When Anthony reported that she was experiencing sexual harassment, she was engaged in protected activity as that term is contemplated by RC §4112.02(1) 79. When Anthony filed an EEOC charge alleging retaliation against the District, she was engaged in protected activity as that term is contemplated by RC §4112.02() 80. The District was aware of her protected activity. 81. After Anthony’s report of sexual harassment to her employer, Harris gave Anthony a negative evaluation. 82. After Anthony’s report of sexual harassment to her employer, Anthony filed an EEOC charge. 83. Subsequent to Anthony filing her first EEOC charge, the District demoted Anthony. 84. After Anthony filed her first EEOC charge, Harris gave Anthony negative and untrue employment references. 85. On July 23, 2020, Anthony filed a federal lawsuit against the District pressing her claims of retaliation and intentional infliction of emotional distress. 86. Thereafter, until the date of her termination, the district continued its campaign of retaliation by subjecting Anthony to unfair and unlawful treatment, including ostracizing her, denying her training, denying her access to resources, disciplining her, and ultimately terminating her. 16Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V86e 187. The District’s actions were retaliatory in nature and based on Anthony’s opposition to the unlawful discriminatory conduct. 188. As a direct and proximate result of District’s conduct, Anthony suffered and will continue to suffer damages, including economic damages, emotional distress, and physical sickness damages. COUNT IIT DISABILITY DISCRIMINATION AND FAILURE TO ACCOMMODATE IN VIOLATION OF OHIO REVISED CODE §4112 89. Anthony restates and incorporates the foregoing paragraphs as if fully rewritten herein. 90. Anthony is disabled as that term is contemplated by Ohio law and defined in ORC §4112.01. 91. The District was aware of Anthony’s disabilities. 92. As demonstrated in the facts above, Anthony made multiple and repeated requests for accommodation. 93. In October 2020, Anthony requested that she be allowed to work from home as a reasonable accommodation. 94. Her request was denied. 95. Then, in January 2021, Anthony sought accommodation for her disabilities. 96. Her request for accommodation was denied. 97. In April 2021, Anthony took a leave of absence from work while she sought treatment for her mental health disabilities. 98. Anthony submitted a physician’s certification in support of her need for leave. 99. Anthony’s therapist confirmed that she was suffering with adjustment disorder, anxiety, depression, ADHD, problems related to employment and panic attacks. 17Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V87 200. Anthony submitted formal requests for workplace accommodation on or about September 7, 2021 201. On September 17, 2021, Anthony began another period of FMLA leave due to the disabling effects of her mental health disabilities. 202. On October 12, 2021, Anthony reached out to Principal Hutcherson and other District officials to inquire about transferring to a different school as an accommodation for her disabilities. 203. On October 29, 2021, Anthony filed an internal complaint regarding the delay in responding to her September 7" requests for accommodation and specifically complained that she was being returned to Linden STEM Academy and a third-floor classroom 204. On November 3, 2021, Anthony clarified that she was seeking reassignment as an accommodation for her PTSD. 205. Hutcherson never replied to Anthony’s email but forwarded it to HR, stating that she was unaware of any “approved accommodations.” 206. On or about December 6, 2021, the District proposed some accommodations for her physical disabilities, but none for her mental health disabilities. 207. Anthony’s request for reassignment and request to be placed in a first-floor classroom were denied 208. One accommodation that was offered for Anthony’s physical disabilities required her colleagues to escort her students up and down stairs so that Anthony could use the elevator. 209. This accommodation inconvenienced and irritated Anthony’s co-workers, further isolating her. 18Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - V88 210. Anthony colleagues became aware of her disabilities, causing her embarrassment and humiliation, further aggravating her mental health conditions. 211. Another accommodation required the administration to provide Anthony with coverage for bathroom breaks, again, inconveniencing her co-workers and subjecting her to embarrassment and humiliation 212. On December 14, 2021, Anthony emailed Reggie Smith regarding her concerns that the accommodations for her physical disabilities were unworkable. 213. On December 20, 2021, Dr. Sheila Tano, Anthony’s psychiatrist provided documentation in support of Anthony’s request for accommodations of her mental health conditions. 214. On January 11, 2022, Anthony was issued a written Reprimand. 215. Upon information and belief, Anthony was disciplined, in part, because of her disabilities, her need for accommodations, and her participation in protected activity. 216. On or about January 12, 2022, Anthony received a performance review from her principal rating her as “developing.” 217. Upon information and belief, Anthony received a rating of “developing” because of her disabilities, her requests for accommodation, and her participation in protected activity. 218. On April 7, 2022, Anthony filed a formal internal complaint with the District’s Compliance Office, alleging disability discrimination and retaliation for engaging in protected activity. 219. By the end of the 2021/2022 school year, the District had provided no accommodations for Anthony’s mental health disabilities. 220. During the 2022/2023 school year, the District provided no accommodations for Anthony’s mental health disabilities. 19Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - v89 221. The District’s ongoing failure to provide her with reasonable accommodations for her mental health disabilities exposed Anthony to triggers that exacerbated her mental health symptoms. 222. On September 16, 2022, Anthony was disciplined, in part, because of the symptoms associated with her disabilities. 223. On September 15, 2022, Anthony was reassigned, pending investigation, because Principal Randa Hutcherson alleged that she feared for her safety around Anthony 224. Hutcherson cited Anthony’s demeanor and body language as the basis for her fear. 225. Anthony was assigned to Central Enrollment but was not allowed to work there because she did not have a positive attitude. 226. Anthony’s demeanor, her body language, and her inability to have a positive attitude were symptoms of and/or arose out of her disabilities. 227. Members of Defendant’s leadership team referred to Anthony as “irrational.” 228. Anthony was ultimately terminated. 229. The District’s unlawful failure to provide Anthony with reasonable accommodations for her disabilities ultimately led to her termination. 230. The District has violated Ohio law by a. failing to provide Anthony with reasonable accommodations b. implementing a policy that prohibits employees from escalating requests for accommodation and/or complaining about the District’s failure to accommodate. c. by discriminating against Anthony because of her disabilities. 231. Asa direct and proximate result of the District’s conduct, Anthony suffered and will continue to suffer damages, including economic, emotional distress, and physical sickness damages. 20Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - v90 COUNT UI RETALIATION FOR SEEKING ACCOMMODATION 2 232. Anthony restates and incorporates the foregoing paragraphs as if fully rewritten herein. 233. Ohio Revised Code §4112.02(1) prohibits discrimination against any person who has opposed an unlawful discriminatory practice and/or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under sections RC §§ 4112.01 — 4112.07. 234. Anthony is disabled as that term is contemplated by Ohio law and defined in ORC §4112.01. 235. The District was aware of Anthony’s disabilities. 236. Anthony sought accommodations for her disabilities. 237. Because of her disabilities, Anthony took several leaves of absence from work while she sought treatment for her disabilities. 238. As demonstrated in the facts above, Anthony levied repeated internal complaints of retaliation and failure to accommodate. 239. On or about November 17, 2020, Anthony was disciplined for engaging in “unprofessional conduct and inappropriate communications.” 240. Anthony was disciplined for escalating complaints about how work-from-home accommodations were being administered unfairly throughout the district, including possible violations of law (the ADA/FMLA). 241. On October 29, 2021, Anthony filed an internal complaint regarding the delay in responding to her September 7, 2021 requests for accommodation and specifically complained that she was being returned to Linden STEM Academy and a third-floor classroom 21Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - v9l1 242. On September 16, 2022, Anthony was disciplined, in part, because she escalated her requests for accommodation and her complaints about retaliation. 243. When Anthony escalated her complaints about the District’s failure to provide reasonable accommodation she was engaged in protected activity. 244. When Anthony escalated her complaints of retaliation, she was engaged in protected activity. 245. The District was aware of her protected activity. 246. Anthony was terminated for engaging in protected activity. 247. Asa direct and proximate result of District’s conduct, Anthony suffered and will continue to suffer damages, including economic, emotional distress, and physical sickness damages. COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 241. Anthony restates each and every prior paragraph of this Complaint, as if it were fully restated herein. 242. Harris intended to cause Anthony emotional distress or knew that his acts or omissions would result in serious emotional distress to Anthony. 243. Harris’s conduct was so extreme and outrageous as to go beyond all possible bounds of decency and was such that it can be considered as utterly intolerable in a civilized community. 244. Asa direct and proximate result of Harris’s acts and omissions as set forth above, Anthony has suffered mental anguish of such a serious nature that no reasonable person could be expected to endure it. 245. Asa direct and proximate result of Harris’s conduct and the resulting emotional distress, Anthony has suffered and will continue to suffer damages, including economic, emotional distress, and physical sickness damages. 22Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Mar 30 5:08 PM-23CV002179 0G326 - v92 PRAYER FOR RELIEF Wherefore, Plaintiff respectfully prays that this Court grant her: a. lost past and future wages and benefits in excess of $25,000; b. compensatory damages; c. an amount in excess of $25,000.00 in compensatory damages for emotional distress; d. attorney fees and costs; e. prejudgment and post judgment interest; f. such other equitable and further relief as may be just and appropriate Respectfully Submitted, /s/Sharon Cason-Adams Sharon Cason-Adams (0067550) Agee Clymer Mitchell & Portman 140 East Town St., Suite 1100 Columbus, Ohio 43215 Telephone: 614-221-3318 Facsimi 14-221-7308 JURY DEMAND Plaintiff hereby demands trial by jury on all issues triable before a jury. /s/Sharon Cason-Adams Sharon Cason-Adams 23